Great Scott Dred Scott!, Part III, Thrice Be The Charm?

We, now, move to a related, post-Civil War decision, that of the Slaughter-House Cases, 1868. From pages 38-39, The Tempting Of America, Robert H. Bork, 1990:
     What is striking about the Slaughter-House Cases is not the caution displayed by the majority but rather the radical position of the four dissenters. . . .Justice Joseph Bradley, in [his] dissent, agreed that the [subject] Louisiana law abridged the privileges of citizens and also deprived the [plaintiffs] of liberty and property without due process of law. … Bradley, like the Taney of Dred Scott, … converted a constitutional requirement of just procedures into a prohibition of legislation whose substance he disliked. The difference is that Bradley’s principles are admirable and Taney’s despicable, but that is not a constitutional difference[,] where nothing in the document authorizes judges to apply either principle. Bradley also found the statute in violation of the guarantee of the equal protection of the laws. The presence of three distinct clauses was apparently, in Bradley’s view, an embarrassment of riches; any one of them was adequate as a vehicle for his political views. Indeed, he apparently did not need the fourteenth amendment, for, in a passage reminiscent of Chase in Calder v. Bull, Bradley said, “even if the Constitution were silent, the fundamental privileges and immunities of citizens, as such, would be no less real and no less inviolable than they now are. It was not necessary to say in words. . . .” Speaking of the dissents in the Slaughter-House Cases, David Currie said, “The fundamental-rights notion reflects once again the incessant quest for the judicial holy grail; perhaps at long last we have discovered a clause that lets us strike down any law we do not like.“[1]
(Bold is mine.)
[1] In Bork, this is footnote 38; From Notes, page 381 is found:
     38. D. Currie, supra note 18, at 346-47 (footnote omitted).
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