by Doug Kendall, President, and David H. Gans, Director of the Human Rights, Civil Rights, and Citizenship Program, Constitutional Accountability Center For the last forty years, the Court’s fundamental rights jurisprudence developed under the Due Process Clause has been dogged by persistent claims of illegitimacy. Roe v. Wade has been the target of most of … Continue reading The Privileges or Immunities Clause and Unenumerated Fundamental Rights