Federalism and Fundamental Rights: The Ninth Amendment

Griswold v. Connecticut, 381 U.S. 479 (1965).Justices Harlan and White each concurred separately in the Court's judgment.Id. at 499, 502.Justices Black and Stewart dissented.Id. at 507, 527.Justice Douglas authored the Court's opinion, in which he dared not venture as far as Justice Goldberg, preferring merely to include the ninth amendment among the provisions of the Bill of Rights that have "penumbras, formed by emanations from [such] guarantees."Id. at 484.Only seven Supreme Court cases prior to Griswold dealt in any fashion with the ninth amendment: Roth v. United States, 354 U.S. 476, 492-93 (1957); Woods v. Cloyd W. Miller Co., 333 U.