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This is The Partial Exam in Life episode 306 about unenumerated rights we're going to talk

more about Ronald Dworkins 1992 article on enumerated rights whether and how Rochem

overruled and I'm sure bringing more specifics from the Dobbs v. Jackson women's health organization.

Court case particularly we should say a lot more about the dissent which is more of an actual

philosophical treatise whereas the main decision is more well that's just what the law says and

we've sort of laid out Dworkins point the way that we've described it so far is that of course

abortion is going to be covered because the 14th amendment is stated in very broad and other

parts of the constitution are stated in very broad idealistic terms that invite the justices to

not just insert their personal moral views but to draw on a moral concept of liberty of autonomy

of freedom and equality really are the fundamental ones to then cast a wide and changing net of what

is going to count as a right deserving special protections going forward but actually Dworkin gives

a much more sort of technical thing by just saying actually the concept of unenumerated rights

doesn't even make sense there's not a distinction between enumerated and unenumerated ones.

So that's in the fourth section I thought this was in right the first section this is like the

first thing he says in the whole article but start where you want to start well he's giving his

thesis but he doesn't defend that until section four when it comes to unenumerated explicitly

defend that but the first three sections mark you kind of have already summarized and we talked

about it a little bit just this idea that you know the Biller Rights contains a lot of concrete

specifications of rights but it also includes some very abstract principles and then the 14th

Amendment is a great example of that and that has been interpreted historically is including not

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