The leaked draft of a forthcoming Supreme Court ruling in the abortion case Dobbs v. Jackson Women’s Health Organization raises questions about the “unenumerated rights” protected in the Ninth Amendment. I discussed this recently with David French and Ilya Shapiro, talking about why the Constitution protects unenumerated rights and how we would tell what those rights are. How do we avoid having such determinations be a purely subjective projection of current ideological fads—versus what David calls “18th Century Infallibility Theory,” in which whatever laws existed when the Constitution was ratified are considered the final word?
18th-Century Infallibility Theory
18th-Century Infallibility Theory
18th-Century Infallibility Theory
The leaked draft of a forthcoming Supreme Court ruling in the abortion case Dobbs v. Jackson Women’s Health Organization raises questions about the “unenumerated rights” protected in the Ninth Amendment. I discussed this recently with David French and Ilya Shapiro, talking about why the Constitution protects unenumerated rights and how we would tell what those rights are. How do we avoid having such determinations be a purely subjective projection of current ideological fads—versus what David calls “18th Century Infallibility Theory,” in which whatever laws existed when the Constitution was ratified are considered the final word?