Problem
In August 2013, the late Supreme Court Justice Scalia complained that the high court was making legislative decisions, such as "inventing" new classes of minorities and new classes of rights. Referencing the Supreme Court's decisions on gay marriage and benefits for same-sex couples, Scalia said the court's job is not to create exceptions outside of the Constitution. The debate over judicial protection of unenumerated (unmentioned) rights divides the Supreme Court into roughly two camps. What are those camps? What are the arguments that each would make for and against Supreme Court protection of unenumerated rights? Give examples from cases.