It's basically a judicial function because of the due process clause.

Thereafter he indicated his support for a broad interpretation of the due process clause.

Justice Black held that the statute did not violate the due process clause.

I think there is a right to privacy protected as part of the liberty guarantee in the due process clause.

The court also ruled that the state constitution's due process clause did not extend any additional protection.

"But they should not have it thrust upon them by this Court's expansion of the due process clause," he said.

"The due process clause does not require the states to conform to the policy preference of Federal judges."

The matter should be evaluated under the due process clause and traditional notions of fundamental fairness.

The right to establish a home is an essential part of liberty protected by the due process clause.

The present confusion among states about the requirements of the due process clause goes back to a 1980 decision.