CONNECTICUT DEPARTMENT OF PUBLIC SAFETY,
et al., PETITIONERS v. JOHN DOE, individually and on behalf of all others similarly situated
Justice Scalia, concurring.
I join the Court's opinion, and add that even if the requirements of Connecticut's sex offender registration law implicate a liberty interest of respondent, the categorical abrogation of that liberty interest by a validly enacted statute suffices to provide all the process that is "due"--just as a state law providing that no one under the age of 16 may operate a motor vehicle suffices to abrogate that liberty interest. Absent a claim (which respondent has not made here) that the liberty interest in question is so fundamental as to implicate so-called "substantive" due process, a properly enacted law can eliminate it. That is ultimately why, as the Court's opinion demonstrates, a convicted sex offender has no more right to additional "process" enabling him to establish that he is not dangerous than (in the analogous case just suggested) a 15-year-old has a right to "process" enabling him to establish that he is a safe driver.
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