Their contention is that if the Constitution does not specifically enumerate a right (forget that they are total hypocrites on this matter) then said right does not exist and/or is not relevant to the dealings between man and government.
However, they just can't seem to understand what the 9th Amendment says:
"The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people".
This jedge is either a dunce or a commie statist. Doesn't matter either way...except for when he goes to trial. Commie statists to be hung, stupid enablers to go to prison for re-education.
Here is some light reading on the Ninth Amendment by Randy Barnett.
Warning: Read and weep.