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What Are the Liberties Not in the Constitution?

Mar 10, 2026

Welcome to the SCOTUSblog/Advisory Opinions Extended Universe, featuring hosts from "Amarica's Constitution" (Akhil Amar and Andy Lipka) and "Divided Argument" (Will Baude and Dan Epps).

On today's episode, the group discusses substantive due process in the context of Mirabelli v. Bonta, a California law that prevented teachers from sharing information with parents about their children's gender transitions at school.

The Agenda:

  • Mirabelli v. Bonta
  • What is Substantive Due Process?
  • Conservative Legal Movement & Substantive Due Process
  • Reconciling Dobbs, Retti, and Mirabelli
  • The Emergency/Interim Docket Debate

Show Notes:

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