interracial marriage, the right to an abortion, the contraception. >> trading as chattel property? >> i don't quite remember the basis for the dred scott opinion, but i will trust you -- >> the fact is that you could use substantive due process to justify basically any result. whether it is conservative, liberal, libertarian, what ever you like to call. it's just a mode of analysis by the court to allow the court substitute its opinion for the elected representatives of the people. would you agree? >> the court has identified standards for the determination of rights under the 14th