What are some Supreme court cases that pertain directly to the ninth amendment?

i know of Griswold v. Connecticut


i am just wondering about some other court cases that Supreme court decided on that concern primarily with the 9th amendmentWhat are some Supreme court cases that pertain directly to the ninth amendment?
As noted in his book, “The Rights Retained Retained by the People,” by Professor Barnett, Ninth Amendment analysis has proceeded in three stages . . . . . .





The first stage lasted until 1965 and during this period there were only the most glancing judicial and scholarly references to the ninth amendment, with no explicit construction of the amendment by the Supreme Court in the seven cases that represent the sum total of the Court’s pronouncements on the amendment prior to 1965.


Roth v. United States [1957]


Woods v. Cloyd W. Miller Co. [1948]


United States Pub. Workers v. Mitchell [1947]


Tennessee Elec. Power Co. v. TVA [1939]


Ashwander v. TVA [1936]


Scott v. Sandford [1857]


Lessee of Livingston v. Moore [1833]





The second stage began in the Griswold v. Connecticut [1965] the court held unconstitutional Connecticut statutes that criminalized the use of, or assistance in the use of, contraceptives. While Justice Douglas wrote that the statutes violated the right of marital privacy created by the prenumbral rights emanating from the specific guarantees in the first, third, fourth, fifth, and ninth Amendments, it was Justice Goldberg’s concurring, joined by Chief Justice Warren and Justice Brennan, that catapulted the ninth into sudden respectability. Justice Gold berg concluded that the right to marital privacy, although not expressly listed in the Constitution, is nonetheless protected by the Ninth Amendment.





(Note from Randy – In my opinion his most significant statement was, “The language and history of the Ninth Amendment, reveal that the Framers of the Constitution believed that there are additional fundamental rights, protected from governmental infringement, which exist alongside those fundamental rights specifically mentioned in the first eight constitutional amendments.” I can just visualize the Founders hooraying Justice Goldberg.)





This case acted as the foundation for the court to further define privacy by alluding to the ninth amendment but not explaining precisely what unenumerated rights the ninth amendment might include in the cases of . . . . .


Planned Parenthood v. Danforth [1976]


Buckley v. Valeo [1976]


Lubin v. Panish [1974]





The waning of the Warren court saw the beginning of the third stage and began invoking the ninth amendment to justify an expansive reading of individual rights. Justice Black opined that the ninth amendment is a “fountain of law.” Justice Ely “it is intended to signal the existence of federal constitutional rights beyond those specifically enumerated in the Constitution.”





Professor Barnett goes on to state, “The central question in ninth amendment interpretation has been the existence and extent of the federal rights the amendment is suppose to encompass. The historical evidence , however, suggests that the ninth amendment is not a cornucopia.





(Randy note: this becomes quite lengthy from here on so I will only mention that the focus here (Justices Black and Ely) is on the rights listed in the first 8 articles of the Bill of Rights as they are interpreted by the court as being encompassed within the 14th amendment and not rights as may be evolved from the ninth amendment. The is a multitude of scholarly works, both pro and con, on this perspective. I believe that it is fair to say that this is far from finality.)