Randy Barnett sees something new in recent Supreme Court decisions:
. . . Justice Kennedy refused to rest abortion rights on a “right to privacy,” though this crucial move has been generally ignored. Instead he rested it on liberty, and explicitly on the Ninth Amendment:
Neither the Bill of Rights nor the specific practices of States at the time of the adoption of the Fourteenth Amendment marks the outer limits of the substantive sphere of liberty which the Fourteenth Amendment protects. See U.S. Const., Amend. 9.
Resting abortion rights on liberty, as opposed to privacy, was newsworthy, but I seemed to be among the only one to get the news. . . .