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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. In Roe, the court discovered a constitutional right to abortion (even though the word âabortionâ certainly doesnât appear in the Constitution). The majority found this right to be a part of a general right to privacy guaranteed by the Constitution (even though the word âprivacyâ also appears nowhere in the Constitution).