Lochnerizing: Supreme Court cements substantive due process

In its recent decision in Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade, the Supreme Court denounced judicial resort to the doctrine of substantive due process to pour the foundation for the fundamental right to access contraceptives, abortion and same-sex marriage. Since then, the “reading public,” to borrow from James Madison, has expressed deep interest in the origins of...