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this post was submitted on 09 Dec 2023
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I wish it was far more common knowledge that SCOTUS doesn't just ignore the 9th amendment, they flagrantly violate it. The amendment says they a right does not need to be explicitly mentioned to be protected -- which makes a lot of sense when you think back on American history, because opponents of the Constitution felt that only our enumerated rights were protected and no other freedoms. Hence, why the 9th was made.
The actual text goes further and says that the explicit enumeration of rights in the Constitution should not be used to disparage or forbid our other rights. This is exactly what SCOTUS disobeys, because the "a right must be guaranteed by an amendment" philosophy they've adopted for abortion flies in the face of that.