[dekhn]

I've noticed this argument a few times. It's based on the legal concept of due process. However, when non-lawyers use the term, they do so colloquially, and instead are discussing a much less formal thing. This is generally understood by most people, and it's mainly constitutional law experts who bring up the argument.

Like the trolley problem, outside of a limited group of aficionados, most people don't care about this kind of argument because it's excessively technical and irrelevant to what people care about.