famatory, does not constitute the deprivation of a liberty interest. Paul v. Davis, 424 U. S. 693. But even assuming, arguendo, that respondent has been deprived of a liberty interest, due process does not entitle him to a hearing to establish a fact—that he is not currently dangerous— that is not material under the statute. Cf., e. g., Wisconsin v. Constant-ineau, 400 U. S. 433. As the DPS Website explains, the law's requirements turn on an offender's conviction alone—a fact that a convicted offender has already had a procedurally safeguarded opportunity to contest. Unless respondent can show that the substantive rule of law is defective (by conflicting with the Constitution), any hearing on current dangerousness is a bootless exercise. Respondent expressly disavows any reliance on the substantive component of the Fourteenth Amend-ment's protections, and maintains that his challenge is strictly a procedural one. But States are not barred by principles of "procedural due process" from drawing such classifications. Michael H. v. Gerald D., 491 U. S. 110, 120 (plurality opinion). Such claims "must ultimately be analyzed" in terms of substantive due process. Id., at 121. Because the question is not properly before the Court, it expresses no opinion as to whether the State's law violates substantive due process principles. Pp. 6-8.
271 F. 3d 38, reversed.
Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a concurring opinion, post, p. 8. Souter, J., filed a concurring opinion, in which Ginsburg, J., joined, post, p. 9. Stevens, J., filed an opinion concurring in the judgment, post, p. 110.
Richard Blumenthal, Attorney General of Connecticut, argued the cause for petitioners. With him on the briefs were Gregory T. D'Auria, Associate Attorney General, and Lynn D. Wittenbrink, Perry Zinn Rowthorn, and Mark F. Kohler, Assistant Attorneys General.
Solicitor General Olson argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General McCallum, Deputy Solicitor General Clement, Gregory G. Garre, Leonard Schaitman, and Mark W. Pennak.Page: Index Previous 1 2 3 4 5 6 7 8 9 10 Next
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