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 438-440 (1789). See also_ 9___g_ 2 Jo Story,
 Commentaries on the Constitution of the
 United States 651 (Sth ed. 1891). Madison's
 effort's_ culminating in the Ninth Amendment,
 served to allay the fears of those who were
 concerned that expressing certain guarantees
 could be read as excluding others.
 Id. at $79 n. 15. The Court ultimately held that the right of
 the public and the press to attend criminal trials is implicit in
 the guarantees of the First Amendment° _ at 580.
 Thus_ while the Supreme Court has not definitely and
 expressly given the Ninth Amendment a substantive interpretation,
 the clear thrust of its opinions in this area is directed toward
 substantive protection of unenumerated rights. The lack of a
 clear statement from the Court is probably due more to the fact
 that it has never been presented with the appropriate case upon
 which to apply its rather than any reluctance to provide a
 substantive reading°
 B. Lower Court Treatment
 Review of the decisions of the district courts displays the
 willingness of the judiciary to adopt the Ninth Amendment as a
 substantive source of unenumerated rights. In Bahk___Z v. McCannr
 310 F. Suppo 293 (EoD. Wisc. 1970)_ vacated on other groundsl 402
 U.S. 903 (1971): the courtf after detailed analysis of Griswol_
 and the alternatives of the Fourteenth Amendment due process or
 Ninth Amendment reasoning declared the state statute an
 unconstitutional violation of a woman's Ninth Amendment private

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