As long as the muscle-flexing current Supreme Court majority purports to be bound by the constitutional language adopted in the first years of our Republic, honesty and consistency should compel them actually to look to that text. Here is the Ninth Amendment (1791) in full: “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.” The justices may not like the Ninth Amendment, but it directly demonstrates how deeply rooted and explicit was the Framers’ intention to include rights not specifically mentioned. Roe v. Wade identified such a right, but that decision hardly stood alone. Justice Samuel Alito’s l
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