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<blockquote data-quote="bottomups" data-source="post: 1863672" data-attributes="member: 29452"><p><span style="font-size: 22px"><strong>Abortion</strong></span></p><p><em><strong>Abortion</strong></em>.—In <em>Roe v. Wade</em>,557 the Court established a right of personal privacy protected by the due process clause that includes the right of a woman to determine whether or not to bear a child. In doing so, the Court dramatically increased judicial oversight of legislation under the privacy line of cases, striking down aspects of abortion-related laws in practically all the States, the District of Columbia, and the territories. To reach this result, the Court first undertook a lengthy historical review of medical and legal views regarding abortion, finding that modern prohibitions on abortion were of relatively recent vintage and thus lacked the historical foundation which might have preserved them from constitutional review.558 Then, the Court established that the word "person" as used in the due process clause and in other provisions of the Constitution did not include the unborn, and therefore the unborn lacked federal constitutional protection.559 Finally, the Court summarily announced that the "Fourteenth Amendment's concept of personal liberty and restrictions upon state action" includes "a right of personal privacy, or a guarantee of certain areas or zones of privacy"560 and that "[t]his right of privacy . . . is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.</p><p></p><p><strong>Roe v. Wade granted woman the Constitutional Right to terminate their pregnancy.</strong></p></blockquote><p></p>
[QUOTE="bottomups, post: 1863672, member: 29452"] [SIZE=6][B]Abortion[/B][/SIZE] [I][B]Abortion[/B][/I].—In [I]Roe v. Wade[/I],557 the Court established a right of personal privacy protected by the due process clause that includes the right of a woman to determine whether or not to bear a child. In doing so, the Court dramatically increased judicial oversight of legislation under the privacy line of cases, striking down aspects of abortion-related laws in practically all the States, the District of Columbia, and the territories. To reach this result, the Court first undertook a lengthy historical review of medical and legal views regarding abortion, finding that modern prohibitions on abortion were of relatively recent vintage and thus lacked the historical foundation which might have preserved them from constitutional review.558 Then, the Court established that the word "person" as used in the due process clause and in other provisions of the Constitution did not include the unborn, and therefore the unborn lacked federal constitutional protection.559 Finally, the Court summarily announced that the "Fourteenth Amendment's concept of personal liberty and restrictions upon state action" includes "a right of personal privacy, or a guarantee of certain areas or zones of privacy"560 and that "[t]his right of privacy . . . is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. [B]Roe v. Wade granted woman the Constitutional Right to terminate their pregnancy.[/B] [/QUOTE]
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