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The Four Horsemen (Justices McReynolds, Butler, Sutherland and Van Devanter) viewed substantive due process cases differently than they viewed Commerce Clause cases.
The Slaughterhouse Cases rejected a substantive due process interpretation of the Fourteenth Amendment.
Griswold did not extend substantive due process beyond economic issues.
In recent years, the Court has revitalized the concept of economic substantive due process.
West Coast Hotel v. Parrish upheld Adkins v. Children’s Hospital.
After 1955, the Court ruled that challenges to substantive due process challenges should be made through the electoral process and not through lawsuits.
