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Politics : View from the Center and Left
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To: Doo who wrote (479088)9/7/2021 5:47:28 PM
From: Jamie153  Read Replies (1) of 541776
 
"Absent the 9th Amendment" is not an argument for justices taking rights away from us.

So, let's look at two rulings to prove you're a clueless lawyer.

1) Roe - a woman asked the courts to return to her the right to an abortion. SCOTUS in a ruling of 7-2 returned her right using the right to privacy which is not an enumerated right (the 9th Amendment).

2) Gay marriage - a gay couple asked SCOTUS to return their right to marry in a 5-4 decision (using the 14th Amendment, not the 9th but the 9th could have been used also).

Now, you'll argue neither plaintiffs argued to have their rights be returned, but that's okay. They were returned.
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