You said: One would think that this guy, of all people, would understand that new rights can’t be created.
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I could not disagree with you more. I don’t know that I support the addition of any rights, but they can be created in the law. Such rights are not natural rights, but they may be rights nonetheless.
OK, I'll bite.
What's a right that can be created in the law?
Yes, but if they're created by JUDGES, then the People have been bypassed. The new right(s) should have been created by the Legislative branch, as representatives of the People. Anything else is UN-Constitutional, and since we have 'anything else' happening with uncanny repetition, then the rational bottom line is that we are a People without a functional, operating Constitution.