In this edition of 5Qs, Professor Leah Litman discusses how the U.S. Supreme Court has shifted its application of substantive due process, moving away from protecting individual rights like abortion, while extending its use in new areas. This change could affect the functioning of administrative agencies and the balance of governmental powers, raising concerns about consistency and the court’s role in shaping government structure. Read on to explore the implications of this shift and what it could mean for the future of American law.
