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Elena Kagan on Budget & Economy

 

 


14th Amendment's "liberty clause" includes economic liberty

Sen. Jeff SESSIONS: At your hearing, Senator Cornyn asked you what role you thought a judge's opinion of the evolving norms and traditions of our society had in interpreting the written Constitution. You replied:

KAGAN: I think that traditions are most often looked to in considering the liberty clause of the 14th Amendment. The liberty clause of the 14th Amendment applies to more than physical restraints--it gives some substantive protection ."

SESSIONS: One of the basic American traditions is the opportunity to work hard at an honest vocation and keep the fruits of our labor. Do you believe economic liberty is a value protected by that Amendment?

KAGAN: The Supreme Court has interpreted the liberty provision by "examining our Nation's history, legal traditions, and practices." (Washington v. Glucksberg, 1997). That test would be the starting point for any consideration of a due process liberty claim, including one involving economic liberty.

Source: ScotusBlog.com on Elana Kagan confirmation hearing , Jul 9, 2012

Other Justices on Budget & Economy: Elena Kagan on other issues:
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Jun 09, 2017