> They do this because it's a logical pre-requisite for overturning Roe v. Wade.
It's really not, though, it's just a convenience; one could easily find grounds tomreverse Roe.and even the subsequent abortion decisions without just ignoring the Ninth Amendment. The real reason is that the Ninth Amendment is irreconcilable with the narrow mode of textualism that I personally think of as “four corners” or “sola scriptura” textualism, that seems to portray the Constitution’s text as complete and needing no external historical, cultural, etc., understanding to interpret. Because the Ninth Amendment specifically lays out that their are rights which existed and remain protected wothout being enumerated in the Constitution, it necessitates looking beyond the four corners of the Constitution to identify what those rights are.
No, it's not so easy. Conservatives have been trying unsuccessfully to overturn it for 44 years. (Actually, that's not quite true. The effort to overturn Roe didn't actually start until 1979, fully six years after Roe was decided on a 7-2 vote. And the truth is they don't really want to overturn it. They really just want to use it as a wedge issue.)
It's easy to construct a coherent interpretation of the Constitution that invalidates Roe without nuking the Ninth Amendment (the thing with fuzzy penumbras and unenumerated rights is that it is very easy to come up with equally coherent interpretations of what their scope is.)
It may be hard politically to get a Court majority appointed and confirms that agrees with eliminating abortion rights whatever the logical basis (or even without consensus on the basis; court decisions where there is a majority on the result but not the rationale are possible, so you don't need a unifying rationale to get a result.) But that's a different issue and nuke-the-Ninth types don't help that.
It's really not, though, it's just a convenience; one could easily find grounds tomreverse Roe.and even the subsequent abortion decisions without just ignoring the Ninth Amendment. The real reason is that the Ninth Amendment is irreconcilable with the narrow mode of textualism that I personally think of as “four corners” or “sola scriptura” textualism, that seems to portray the Constitution’s text as complete and needing no external historical, cultural, etc., understanding to interpret. Because the Ninth Amendment specifically lays out that their are rights which existed and remain protected wothout being enumerated in the Constitution, it necessitates looking beyond the four corners of the Constitution to identify what those rights are.