Does the Fourteenth Amendment require the state legislature to approach balancing as it has done in its own statute?
MultiRegion, United States of America
The following excerpt is from Moran v. Godinez, 57 F.3d 690 (9th Cir. 1995):
There is, of course, nothing in the Constitution of the United States that requires Idaho's legislature to approach balancing as it has done in [the state statute]. However, the failure of a state to abide by its own statutory commands may implicate a liberty interest protected by the Fourteenth Amendment against arbitrary deprivation by a state.
Id. at 1300 (emphasis added); see also Campbell v. Blodgett, 997 F.2d 512, 522 (9th Cir.1993).
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