[NoNewTaleToTell]

If the Ninth Amendment makes your case, why didn't the Supreme Court use it in the decision?

[The_Pickle]

I would say that the USSC did use it in the decision, as evidenced by their repeated refernces to the "right to privacy", a right niether spelled out, nor referred to in the Constitution. By Confirming that this "right" did indeed exist the USSC upheld the tenent of the 9th, by stateing that, even though such "right" was never explicitly written into the Constitution it's exclusion from said document should not be used to construe that it did not exist.