Kingsley Breathes New Life Into Substantive Due Process as a Check on Abuse of Government Power

Rosalie Berger Levinson*

“[O]ur Fourteenth Amendment precedents may be read more broadly or narrowly depending upon how one chooses to read them. Faced with the choice, I would adopt a “sympathetic” reading, one which comports with dictates of fundamental justice and recognizes that compassion need not be exiled from the province of judging.”¹

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© 2017 Rosalie Berger Levinson. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice.

*Senior Research Professor, Valparaiso University Law School.

1 DeShaney v. Winnebago Cty. Dep’t of Soc. Servs., 489 U.S. 189, 213 (1989) (Blackmun, J., dissenting).