FOLIO Ontology

A substantive due process claim is a legal action initiated by an individual or entity alleging that their fundamental rights, as protected by the Due Process Clauses of the Fifth and Fourteenth Amendments of the United States Constitution, have been violated by the government or a government actor. Substantive due process protects individuals from arbitrary or unreasonable government actions that infringe on fundamental rights, even if proper procedures were followed. A substantive due process claim may arise in various contexts, such as when a government body enacts a law or regulation that unduly restricts a fundamental right (e.g., the right to privacy, the right to marry, or the right to make decisions about family matters) or when a government actor takes an arbitrary or irrational action that infringes on an individual's rights.