That's the clever title to Justice Hoffstadt's DJ piece today about how: "There may now be three justices open to moving away from substantive due process as the basis for incorporating the rights the Constitution elsewhere spells out and, potentially, as the basis for recognizing other rights it does not."Why the nursery rhyme? "After all, the Slaughter-House Cases involved butchers and Lochner involved bakers. The ideal case would, of course, involve the rights of candle-stick makers. In 2019, such a case may be as likely as eloping flatware or bovine astronauts, but justice can be surprisingly poetic."
Yesterday's DJ also featured California's unique State Bar Court, by CALG's Jennifer Teaford, about an interesting sort of appellate practice that exists only in California.
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