A federal appeals court has rejected an argument that the Fourteenth Amendment to the U.S. Constitution guarantees positive rights—such as entitlements to government-provided benefits or services—rather than merely prohibiting state actions that deprive individuals of life, liberty, or property. The ruling underscores a long-standing legal debate over whether the amendment’s protections extend beyond negative rights, like due process and equal protection, to mandate affirmative obligations on the government. Legal scholars and advocates on both sides of the issue are likely weighing the decision’s implications for future cases involving constitutional interpretations of state responsibilities. The court’s stance could influence ongoing discussions about the scope of federal and state authority in providing social and economic rights.
The Court rebuffs this effort to claims the Fourteenth Amendment protects positive rights.