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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.
Roe v. Wade, 410 U.S. 113 (1973), is a landmark decision by the United States Supreme Court on the issue of abortion.Decided simultaneously with a companion case, Doe v. R. v. Morgentaler, Canada's equivalent Supreme Court decision effectively legalizing all abortions (while the Mogentaler case does refer to Roe v. Wade, most of the court's findings are more similar to the findings in Doe v. 2  Bolton).