Page:Kerry v. Din.pdf/15

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Cite as: 576 U. S. ____ (2015)
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Opinion of Scalia, J.

although not so fundamental as to deserve substantive­ due-process protection, are important enough to deserve procedural-due-process protection. Post, at 2. In other words, there are two categories of implied rights protected by the Due Process Clause: really fundamental rights, which cannot be taken away at all absent a compelling state interest; and not-so-fundamental rights, which can be taken away so long as procedural due process is observed.

The dissent fails to cite a single case supporting its novel theory of implied nonfundamental rights. It is certainly true that Vitek v. Jones, 445 U. S. 480 (1980), and Washington v. Harper, 494 U. S. 210 (1990), do not entail implied fundamental rights, but this is because they do not entail implied rights at all. Vitek concerned the involuntary commitment of a prisoner, deprivation of the expressly protected right of liberty under the original understanding of the term, see Part II–A, supra. "'Among the historic liberties' protected by the Due Process Clause is the 'ight to be free from, and to obtain judicial relief for, unjustified intrusions on personal security.'" Vitek, supra', at 492. The same is true of Harper, which concerned forced administration of psychotropic drugs to an inmate. 494 U. S., at 214. Arguably, Paul v. Davis, 424 U. S. 693 (1976), also addressed an interest expressly contemplated within the meaning of "liberty." See 1 W. Blackstone, Commentaries on the Laws of England 125 ("The right of personal security consists in a person’s . . . reputation"). But that case is of no help to the dissent anyway, since it found no liberty interest entitled to the Due Process Clause’s protection. Paul, supra, at 713–714. Finally, the dissent points to Goss v. Lopez, 419 U. S. 565, 574 (1975), a case that "recognize[d] . . . as a property interest" a student’s right to a public education conferred by Ohio’s express statutory creation of a public school system; and further concluded that the student’s 10-day suspension