Summary

Portrait of Hugo Black Hugo Black,  Rochin v. California — Concurrence (1952)

“ What the majority hold is that the Due Process Clause empowers this Court to nullify any state law if its application 'shocks the conscience', offends 'a sense of justice' or runs counter to the 'decencies of civilized conduct.' The majority emphasize that these statements do not refer to their own consciences or to their senses of justice and decency. For we are told that 'we may not draw on our merely personal and private notions' ”
Source: Wikisource

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