DAVID BERNSTEIN: “Opponents of the use of the Due Process Clause to protect substantive rights, notably Robert Bork (see, e.g., Coercing Virtue p. 55), trace the origins of ‘substantive due process’ to Scott v. Sandford. This is disingenuous (or perhaps ignorant) on two levels.”

My thoughts on Bork and substantive due process can be found here.