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The decision in Roe v. Wade, (1973) rests on the judicial concept of  Substantive Due Process , which holds that the Fourteenth Amendment Due Process Clause is intended to protect all unenumerated rights considered fundamental and implicit in the concept of ordered liberty, among these the right to privacy.
In its ruling, the court recognized for the first time that the constitutional right to privacy âis broad enough to encompass a womanâs decision whether or not to terminate her pregnancyâ (Roe v. Wade, 1973). Roe has come to be known as the case that legalized abortion nationwide.