[Rockingham]

And after the departures from stare decisis are criticized, what then? The larger issue is the substantive law. The “rational basis” standard is too accommodating to economic regulation, and there is an argument to be made for “liberty of contract” as an unenumerated due process right under the 14th Amendment.

[tacticalogic]

And after the departures from stare decisis are criticized, what then?

Then we discuss why we should embrace constituional law based on flawed interpretation and methodology.