Does the Ninth Amendment have to be used as a substitute for any other constitutional right?
MultiRegion, United States of America
The following excerpt is from Phillips ex rel. B.P. v. City of N.Y., 775 F.3d 538 (2nd Cir. 2015):
Plaintiffs finally seek succor in the Ninth Amendment. But, we have held, [t]he Ninth Amendment is not an independent source of individual rights. Jenkins v. C.I.R., 483 F.3d 90, 92 (2d Cir.2007). Because plaintiffs fail plausibly to allege a violation of any other constitutional right, their effort to recast their unsuccessful claims as a violation of the Ninth Amendment also fails. See id. at 93.7
V. Claims in Plaintiffs' Motion for Reconsideration
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