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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.
It was functionally superseded by the Civil Rights Act of 1866 and by the Fourteenth Amendment to the United States Constitution, which gave African Americans full citizenship. The Supreme Court's decision in Dred Scott v. Sandford is unanimously denounced by scholars.D]red Scott...rested upon the concept of  substantive due process  that the Court praises and employs today. Indeed, Dred Scott was very possibly the first application of substantive due process in the Supreme Court, the original precedent for... Roe v. Wade.