Join Maude and Claude on the Study for the Bar in Your Car podcast for an insightful episode on Constitutional Law – Substantive Due Process!

This episode explores how the U.S. Constitution protects fundamental, unenumerated liberties from government interference, even if they aren't explicitly written down. Learn the crucial difference between Substantive Due Process (impacting everyone's core freedoms) and Equal Protection (addressing group discrimination).

Discover how courts identify these rights using "reasoned judgment" guided by history and tradition. When a right is deemed fundamental, government action infringing upon it faces strict scrutiny, requiring a compelling government interest and narrow tailoring – an incredibly tough test for the government to meet. For non-fundamental liberties, the lower rational basis review applies.

A key focus is the dramatic shift in abortion rights. Following the Dobbs decision, the fundamental constitutional right to abortion no longer exists, and regulations are now subject to the much more lenient rational basis review.

We also cover other vital privacy-related rights including:

• The fundamental right to marry, famously extended to same-sex couples in Obergefell v. Hodges.
• The right to procreate.
• The right to use contraceptives.
• The right of adults to engage in private, consensual, non-commercial sexual activity.
• The right to refuse unwanted medical treatment.
• The fundamental right to interstate travel.

Crucially, you'll learn that the Supreme Court has not recognized a fundamental right to personal data collection and distribution under Substantive Due Process.

This episode is packed with essential insights, helping you navigate these complex, evolving areas of constitutional law for your bar exam and beyond. Tune in and boost your legal understanding!