SDP v. PDP Frameworks
- When a fundamental right is abridged or taken away, the government has two burdens:
- Substantive Due Process: it must justify the infringement by showing that the action is necessary to achieve a compelling governmental interest.
- Utilizes a strict scrutiny standard.
- Procedural Due Process: it must show that adequate procedures are utilized before depriving anyone of life, liberty, or property.
- Substantive Due Process: it must justify the infringement by showing that the action is necessary to achieve a compelling governmental interest.
- Explanatory Case: United States v. Carolene Products Co..