I also believe it is fair to say that Whelan thinks the Constitution doesn’t empower judges to protect unenumerated rights. Under this view, some of the Court’s greatest triumphs for ...

Those three words described the main source of so-called unenumerated rights in the Constitution — rights that cannot be found in the text of the document but that the Supreme Court has ...

Judge Bork’s inkblot analogy provoked a wave of criticism from self-described “noninterpretivists,” who argued that the Ninth Amendment’s recognition of unenumerated “rights retained by ...

Sherman “believe[s] it is fair to say that Whelan thinks the Constitution doesn’t empower judges to protect unenumerated rights.” But whether the Constitution protects “unenumerated rights ...