1. Introduction to Fundamental Rights
Equal Protection & Substantive Due Process

2. Distinguish
 EP: law/action which discriminates among people in the exercise of a right = equal protection type claim (unjustifiable discrimination)
 SDP: What is "substantive due process"? Core concept is that government can't interfere with basic liberties (personal choices) without adequate justification
 PDP: law that deprives one of life, liberty or property interests (NB: not same as fundamental rights—a larger set) without notice & opportunity=PDP inadequate process….state can interfere but not w/o fair process)

3. EP vs SDP? Equal Protection prevents discrimination vs
SDP not focused on the right to be treated equally….rather, the right to be left alone….  autonomy of individuals & ordered liberty (how individuals relate to society and the democratic majority)

4. overlap  a state action could potentially raise all three claims
SINCE EP includes denial of equal enjoyment of fundamental rights there is crossover to SDP
law that discriminates in exercise of right = EP (but not exclusively)
Versus
 law that applies to everyone but interferes in a protected interest =subtantive due process (unjustifiable interference)
 gov action that interfers or discriminates may also deprive without adequate procedural protections against error (PDP)

5. Framework & Key issues 1. protected interest (fundamental?)
2. Government "infringement" (substantial, direct?)
+ consider Manner of interference  discrim vs substantive dp, vs pdp
3. Id & Apply Level of Scrutiny
sufficient justification
means….ends