contract. now lochner, as you know, was overruled 30 something years later. it has also been applied in a number of different circumstances. for example, it s been suggested that dred scott, which treated as property, was a product of substantive due process. justice hugo black has criticized the doctrine of substantive due process. as the arbor terry fiat of the man or men in power more the court declaring a law invalid because it shocked the consciousnesses of at least five members of the court. he went on to say this use of judicial review thus subverts the liberty of government by the
0 christianity, judaism, islam, embraces traditional definition of marriage, correct? i am aware that there are various religious faiths that define marriage in a traditional way. do you see that when the supreme court makes a dramatic pronouncement about the invalidity of state marriage laws, that it will inevitably sit in conflict between those who ascribe to the supreme court s edict and those who have a firmly held religious belief that marriage is between a man and a woman? woman? well, senator, these issues are being litigated, as you know, throughout the courts as people raise issues. i am limited with what i can say about them. i m aware there are cases i m not asking you to decide a case or predict how you would decide to, i m just asking isn t it apparent that when the supreme court decides that something that is not even in the constitution is a fundamental right, and no state can pass any law that conflicts with the supreme court s edict, particularly in an area w