Many conservatives claim that there are no rights not explicitly enumerated in the US Constitution, as can be seen in the recent Dobbs abortion ruling: unwritten rights should be recognized only if they were "deeply rooted in this Nation’s history and tradition" and "implicit in the concept of ordered liberty". However, this approach effectively freezes an 18th- or 19th-century understanding of rights in place. The Obergefell case in 2015 not only made marriage equality the law of the land and transformed tradition's role in discerning unwritten rights but that the court rejected the idea that the rights inquiry could be “reduced to any formula.” It instead embraced an approach that “respects our history and learns from it without allowing the past alone to rule the present” (link). Essentially, the Originalistic view of the US Constitution (link) has been debunked.
