If you believe you have a SDP case, we at New York’s The Sanders Firm, P.C. will work with you to help you determine your best course of action. Substantive due process cases usually focus on a particular law, bringing into question the validity of the law. In other words, the application of a specific law or the manner in the law is being interpreted against you may well be violating your liberty interest.
If the government violates your liberty interests, we will ensure that the appropriate court action is filed challenging violations of your civil rights. When a SDP case goes to court, the court will first decide if there is a fundamental right at stake. That right would be a part of U.S. tradition or history.
The court may determine that no fundamental right is in jeopardy. If that is the case, then the court will use a rational basis test in relationship to the law. It will ask, is the law justified by the state or is it designed to meet a narrow state interest or concern? Decisions in SDP cases are concerned with one person’s situation and complaint but court decisions in such cases often affect the rights and liberties of a large number of people.