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Substantive Due Process, Generally

Monroe Co. DHS v. Kelli B., 2004 WI 8, affirming 2003 WI App 88, 263 Wis. 2d 413, 662 N.W.2d 360
For Kelli B.: Timothy A. Provis

Issue/Holding:

¶19 Kelli asserts that the statute, as applied to her, violates her constitutional right to substantive due process. This right emanates from the Fourteenth Amendment of the Constitution. In essence, it protects against governmental actions that are arbitrary and wrong “regardless of the fairness of the procedures used to implement them.” Penterman v. Wisconsin Elec. Power Co., 211 Wis. 2d 458, 480, 565 N.W.2d 521 (1997) (citations omitted). Substantive due process has been traditionally afforded to fundamental liberty interests, such as marriage, family, procreation, and bodily integrity. Id. at 480-81, n. 10. Its analysis balances the state’s compelling interests with its chosen method of protecting those interests.

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