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I'm not sure why you think the Ninth Amendment is relevant here. It just establishes that there are rights not listed in the Constitution. It provides no help w

by tzs 9d ago

I'm not sure why you think the Ninth Amendment is relevant here. It just establishes that there are rights not listed in the Constitution. It provides no help whatsoever in determine what those rights are. If you want to know more on how that is done you want to look into "Substantive Due Process". There are a couple approaches that courts might use. One is looking to see if the alleged right is deeply rooted in history and tradition and implicit in the idea of ordered liberty. Another is the so-called "penumbras and emanations" test where they look at existing rights and infer some broader unlisted right that is needed to make the listed rights meaningful.

ceejayoz 9d ago
> It just establishes that there are rights not listed in the Constitution. It provides no help whatsoever in determine what those rights are. The opinion is asserting a government intentionally allowing lead poisoning does "not infringe upon any deeply rooted constitutional right". That's an assertion that no such right exists. > One is looking to see if the alleged right is deeply rooted in history and tradition and implicit in the idea of ordered liberty. Hilariously, the "deeply rooted in history and tradition" test is, itself, not rooted in history and tradition. It was established in 2022!