That is exactly what the Ninth says: "retained by the people".
When introducing the Ninth Madison said it was to prevent those rights from falling into the hands of the federal government.
Now everyone, but the judge and I apparently, wants to read the Ninth to mean the opposite.
The ostensible purpose of the Ninth was to place the presumptive burden on the Constitution to prove that it was the repository of rights, rather than on The People to prove that they were.
It was never expected that the Constitution would provide an exhaustive list of the rights of a free people. But the absence of a certain right did not mean that it didn't exist. The PRESENCE of a right (an "enumerated right") put that right under the domain of the Constitution. But rights could still exist whether they were explicitly mentioned in the Bill of Rights. And those rights were reserved to The People.