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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.
The Supreme Courtâs opinion in Roe stated that it did. Although this right is not specifically mentioned in the U.S. Constitution, the Court held that it is implied by the First,Fourth, Fifth, Ninth, and Fourteenth Amendments. The Fourteenth Amendment DueProcess Clause is often cited as the basis for privacy rights.