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Text as a means of understanding and reflecting what congress intended. of course, in statutory interpretation, if congress decides that congress has gotten it wrong, as this happened many times, congress comes back and clarifying and tells the court no, this is what the statute means. i want to go back to an exchange that you had with senator cornyn. substantive due process a doctrine that allows courts to create new fundamental rights. what is the test for determining a new fundamental right? the court has said in the gluxberg case that the fundamental rights that are recognized or that are included in substancive due process are those that are deeply routed in ....
The gluxberg case is the case that the supreme court has relied on for forward looking future of unenumerated rights. thank you, sir. i m familiar with that. i think you re not going to address the specific unenumerated rights or not? if not, we can move on. i think i ve addressed it. in 2011 you were one of the judges to the affordable care act. you dissented on procedural grounds on the court which upheld the act. one of your former law clerk described your opinion as a, quote, thorough takedown of the original mandate. he went on to clerk that year or the next year and then the supreme court heard the argument ....
To have an abortion. now putting those unenumerated rights in the context of the statement you made, which was to praise the stemming of the general tide of freewheeling creation of unenumerated rights, which means you were the interpretation there is you were praising the request to end those unenumerated rights, my question to you is which of the rights that i just mentioned do you want to put an end to or roll back? three points, i believe, senator. first, constitution, it is in the book that i carry. the constitution protects unenumerated rights, that s what the supreme court says. but that does not explicitly protect the rights that i just listed. we both know that that s the case. that s point one. point be two is gluxberg which ....
Is the case you re talking about. they specifically cited planned parenthood versus casey. casey reaffirmed roe. casey is cited in gluxberg. three, she pointed to gluxberg as unenumerate the rights. i agree with her description of that in her hearing. thank you for that. let s put the rights that i mentioned which are unenumerated in your context of your praise of justice rehnquist as having stemmed the general tide of freewheeling unee numb mer aba r merable unenumerated right. when you praise a justice that tried to end those, which rights ....