The US Constitution: A Refresher Course For Judge Reinhardt
US Constitution, Amendment 9: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Judge Reinhardt thinks the Constitution gives public schools the right to educate children. Regardless of whether or not it does, that same Constitution also does not deny parents the right to educate their children, according to the plain meaning of the 9th amendment.
We conclude only that the parents are possessed of no constitutional right to prevent the public schools from providing information on that subject to their students in any forum or manner they select.
Ridiculous. Just because a right is not specifically mentioned in the Constitution does not mean it does not exist. The burden of proof in this case is on Judge Reinhardt to prove the parent’s rights don’t exist – that is, that the 9th Amendment doesn’t apply.
For crying out loud, I’m not a lawyer, but its guys like Reinhardt that make me wish I was. I’m predicting a reversal in this case.