In the same week large swaths of the US were under extreme heat warnings, Joe Biden’s Justice Department filed its most recent motion to dismiss a landmark climate case by arguing that nothing in the Constitution guarantees the right to a secure climate.
The Constitution also explicitly states that we have rights not enumerated in the Constitution.
That’s true I always forget about that.
I find penumbral reasoning compelling in its own right.
But the Ninth Amendment is express:
The difference here is that unenumerated rights can be added at a future date, and this right has not been added.
https://constitutionus.com/constitution/what-enumerated-and-unenumerated-rights-does-an-american-have/