What is the test for the Fourteenth Amendment right to substantive due process?
MultiRegion, United States of America
The following excerpt is from Jessop v. City of Fresno, No. 1:15-cv-00316-DAD-SAB (E.D. Cal. 2017):
The Fourteenth Amendment right to substantive due process protects liberties "deeply rooted in this Nation's history and tradition." Moore v. East Cleveland, 431 U.S. 494, 503 (1977). "Where a particular amendment 'provides an explicit textual source of constitutional protection' against a particular source of government behavior, 'that Amendment, not the more generalized notion of substantive due process' must be the guide for analyzing these claims."
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