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That right. because we come of the nine people sitting on the supreme court, have decided that it shall be the law of the land and no legislator can pass any law that conflicts with that. what other unenumerated rights are out there? or can you not say? >> senator, i cannot say. it is a hypothetical that i am not in a position to comment on. the rights that the supreme court has recognized as substantive due process rights are established in its case law. >> your honor, this is not a trick question. >> i understand. i'm just not in the position to speak -- >> can you understand why

The right to an abortion. contraception. >> treating of slaves as chattel property? >> i don't quite remember the basis for the dred scott opinion, but i will trust you that -- >> the fact is, is it not, that you can use substantive due process to justify basically any result. >> well, the court -- >> whether it's conservative or liberal, libertarian or conservative, whatever you would like to call it. it's just a mode of analysis by the court that allows the court to substitute its opinion for the elected representatives of the people and -- would you agree? >> the court has identified standa...

The right to an abortion. contraception. >> treating the slaves as chattal property? >> i don't quite remember the basis for the dread scott opinion but i'll trust you that -- >> the fact is, is it not, that you can use substantive due process to justify any result, whether conservative, liberal, libertarian, whatever you would like to call, it's a mode of analysis by the court that allows the court to substitute its opinion for the elective representatives of the people and -- would you agree? >> the court has identified standards for the determination of rights under the 14th amendment subst...

Judge ketanji brown jackson found her second day of her confirmation hearing. this is "outnumbered." hello, everyone, i'm kayleigh mcenany along with my hosts, emily compagno. also joining us or julie banderas, jonathan turley. we just heard from senator horn, senator whitehouse been the most interesting effective portion i think i heard was from senator cornyn when he was talking about substantive due process buried roe v. wade was founded on any unenumerated right to privacy that was grounded in the 14th amendment in the any sticky question dora because we haven't gotten a lot about her judi...

To do that? if it's not mentioned in the constitution, where does the right of the court to substitute its views for that of the elected representatives of the people, where does that come from? >> the court has interpreted the 14th amendment to include this component. the unenumerated right to substantive due process and the court has said that the kinds of things that qualify are implicit in the concept of ordered liberty or deeply rooted in our nation's history and tradition. those are standards that identify narrow set of activities. >> well, judge, in the obergefell case, judge roberts in...