Circuit Judge Kevin C. Newsom traced substantive due process back to Dred Scott v. Sandford, the vile 1857 U.S. Supreme Court decision that “somehow teased out of the terms of the Fifth Amendment’s due process clause a white man’s ‘right’ to own a black man.”Concurring in an en banc decision by the 11th U.S. Circuit Court of Appeals that rejected David Sosa’s claim that three days of “over-detention” violated his right to due process, Newsom wrote separately to call for reviving the 14th Amendment’s privileges-and …