The 1787 Project

From West Coast Hotel to Griswold


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The case of West Coast Hotel v. Parrish (1937) marked the Supreme Court's move away from economic substantive due process, but that wasn't the end of substantive due process as a doctrine. Although the Supreme Court became deferential to legislative judgments on economic or commercial regulations, it continued to scrutinize other substantive deprivations of liberty under the Fourteenth Amendment's Due Process Clause. An important example of the latter kind of substantive due process came in Griswold v. Connecticut (1965), a case about a long-standing legal prohibition of contraception.
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The 1787 ProjectBy Justin Dyer