Due Process Litigation in Federal Court

<h2>Due Process Overview</h2><p>The Due Process Clauses of the Fifth and Fourteenth Amendments prohibit the federal and state governments from depriving any person of "life, liberty, or property, without due process of law." Federal courts recognize two distinct types of due process claims: procedural due process and substantive due process.</p><h2>Procedural Due Process</h2><p>Procedural due process requires the government to provide adequate notice and a meaningful opportunity to be heard before depriving someone of a protected interest. The Supreme Court's <em>Mathews v. Eldridge</em> (1976) balancing test weighs: (1) the private interest affected, (2) the risk of erroneous deprivation and value of additional safeguards, and (3) the government's interest.</p><h2>Substantive Due Process</h2><p>Substantive due process protects fundamental rights from government interference regardless of the procedures used. Claims involving fundamental rights (privacy, marriage, family integrity) receive strict scrutiny, while claims of arbitrary government action are evaluated under the "shocks the conscience" standard.</p>