What Are the Liberties Not in the Constitution?

Welcome to the SCOTUSblog/Advisory Opinions Extended Universe, featuring hosts from "Amarica's Constitution" (Akhil Amar and Andy Lipka) and "Divided Argument" (Will Baude and Dan Epps). On today's episode, the group discusses substantive due process in the context of Mirabelli v. Bonta, a California law that prevented teachers from sharing information with parents about their children's gender transitions at school. The Agenda:–Mirabelli v. Bonta–What is Substantive Due Process?–Conservative Legal Movement & Substantive Due Process–Reconciling Dobbs, Retti, and Mirabelli–The Emergency/Interim Docket Debate Show Notes:–The emergency docket’s critics have it backwards Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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What Are the Liberties Not in the Constitution? is an episode from Advisory Opinions by The Dispatch.

This episode is 65:14 long.

This episode was published on Mar 10, 2026.

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