Faith in Judicial Action?

At today's "Faith in Action Panel," I heard some interesting rights talk. A rabbi said that "affordable education is part of the unalienable right to happiness." Other clergy said that education (presumably "affordable" education) and universal health care are rights we should recognize. None of these speakers said exactly how we should do that. At the very least they mean statutory rights-rights Congress establishes by legislation. Do they also have judicially created rights in mind? Could be. Obama is a living Constitution man, and he and his party are staunchly in favor of the judicially created abortion right. And do you really think Obama would object on jurisprudential grounds if a Court he reconstituted were to declare, say, a right to education?