Matt

“For, read properly, the ninth amendment creates no rights at all. There are no “ninth amendment rights” in the sense in which there are, for example, first amendment rights or fourth amendment rights. That there are individual rights fully derivable from no single provision but implicit in several, or in the structure of the Bill of Rights as a whole, is a proposition implicit in the ninth amendment. But that amendment is not itself the fount of any such rights, and it in no way obviates the need to argue that the Constitution does indeed impose upon government the particular limitation for which the advocate contends.52 Thus the Ninth Amendment itself does not protect a right, but tells us not to not find a right in the Constitution just because it is not specifically enumerated. The right to privacy still needs some kind of constitutional hook, although that hook might be the Due Process Clause of the Fourteenth Amendment, for example, even though the clause does not mention “privacy.” In interpreting that clause, and other clauses, we should be mindful of their more expansive interpretations.”
― Anthony B Sanders, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters