amendment? robert bork described it as an inkblot. do you share that assessment? >> so i think the ninth amendment and the privileges and immunities clause and the supreme court's doctrine of substantive due process are three roads that someone might take that all really lead to the same destination under the precedent of the supreme court now which is that the supreme court precedent protects certain unenumerated rights so long as the rights are as the supreme court said in the gluxburg case rooted in history and tradition and justice kagan explained this well in her confirmation hearing that it's quite important for allowing that protection of unenumerated rights rooted in history and tradition which the precedent definitely establishes. but at the same time making