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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 7-2 decision in Roe v. Wade, 410 US 13 (1973) challenged a Texas anti-abortion law, and overturned statutes that prohibited abortion in 46 states.