Making due process claims possible when there is no substantive right being violated would create a federal case out of every single state case where one party believes the court "got it wrong". I think the federal courts could and wood rule that they have no jurisdictions over the general question of whether or not state law has been correctly applied in a given case. They've never done it before, and it would effectively make every single state case appealable to SCOTUS.
I've already said whose due process rights are being violated. And one party always has the right to appeal a decision.
I think the federal courts could and wood rule that they have no jurisdictions over the general question of whether or not state law has been correctly applied in a given case. They've never done it before, and it would effectively make every single state case appealable to SCOTUS.
It has been done before.