If the supreme court decides the case based on subsantive due process it is determining

Procedural due process

Explanation:  

Procedural due process is known to be a right granted by the constitution which protects and safeguard the people's right against government unjust behaviour towards them. It involves the implementation and enforcement of law which must be strictly followed. Thus, the federal government must follow some steps before denying a citizen of his or her right which include: a notice to the person, hearing and an impartial judge which will take decision.