Conservative critics of the doctrine of substantive due process often point to Dred Scott v. Sandford and Roe v. Wade to illustrate the danger of giving a substantive interpretation to the due process clauses in the Fifth and Fourteenth Amendments. This Article takes a closer look at Dred Scott and Roe to draw out the unavoidable substantive issues that were at stake in those cases.

Keep Reading The Substance of Dred Scott and Roe v. Wade