substantive due process ... Justice Louis Brandeis

 The court applied a 14th Amendment doctrine known as "substantive due process," under which it had invalidated a series of state and local regulations. In dissent, Justice Louis Brandeis argued against that doctrine:

We may strike down the statute which embodies it on the ground that, in our opinion, the measure is arbitrary, capricious, or unreasonable. We have power to do this, because the due process clause has been held by the Court applicable to matters of substantive law as well as to matters of procedure.

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