> > Judges can't gin up new "rights" from "emanations from penumbras" in the Constitution. > The 9th amendment (and federalist #84) would have some things to s

> > Judges can't gin up new "rights" from "emanations from penumbras" in the Constitution. > The 9th amendment (and federalist #84) would have some things to say about this. Funny how the 9th amendment was meant to be a bulwark against textualism, isn't it? Much like the "well-regulated militia," this original text of the constitution is ignored in favor of latter-day ideology.