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Matthews, 926 F.2d 532, 537 (6th Cir. 1991) that the Ninth Amendment was intended to vitiate the maxim of expressio unius est exclusio alterius according to which the express mention of one thing excludes all others: [16] [T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law.
[129] [7] Justice William O. Douglas's concurring opinion described his view that although the Court was correct to find that the right to choose to have an abortion was a fundamental right, he thought it would have been better to derive it from the Ninth Amendment—which states that the fact that a right is not specifically enumerated in the ...
Chief Justice Burger's concurring opinion was that such confinement may also amount to "punishment" for being mentally ill, violating the Court's interpretation of the Eighth Amendment in Robinson v. California. Freedom from excessive punitive damages was deemed to be a due process right in BMW v.
Justice Arthur Goldberg wrote a concurring opinion to clarify that the Ninth Amendment shows the framers' view that fundamental rights are protected outside of those listed in the first eight amendments, and that similarly, for purposes of what is incorporated by the 14th Amendment, there are fundamental rights outside those specified in those ...
Another legal scholar has criticized Justice Reed's conception of the Ninth and Tenth amendments as "dubious" because: 1) It equates the meaning of the Ninth with the Tenth (which is clearly incorrect); 2) It leaves the two amendments completely subordinate to all enumerated powers and therefore meaningless; 3) It creates a situation where the ...
Chief Justice John G. Roberts Jr.'s decision for the court — which Justice Clarence Thomas was alone in dissenting from — was broad enough to be construed differently by lower court judges ...
The Supreme Court on Monday appeared deeply skeptical of arguments by two conservative states that the First Amendment bars the government from pressuring social media platforms to remove online ...
The 9th Circuit also upheld the part of a preliminary injunction that barred Hawaii from enforcing a ban on guns in parking areas shared by government buildings and private businesses.