Basically, the 14th amendment comes into play in Roe v. Wade via the "due process" section of the amendment.
The court found that a woman's right to privacy was protected from the State via the due process clause of the amendment.
Justice Stewart : "Clearly, therefore, the Court today is correct in holding that the right asserted by Jane Roe is embraced within the personal liberty protected by the Due Process Clause of the Fourteenth Amendment. It is evident that the Texas abortion statute infringes that right directly"
2007-04-15 22:32:46
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answer #1
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answered by Nigel 3
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Very poorly, Roe was constructed by an activist liberal court that even some liberals today concede is extremely poor juris prudence. Some might agree with the right to an abortion, but Roe doesn't give sound legal reasoning. Privacy? You won't find the word "privacy" anywhere in the Constitution. It's not really possible to answer your question because there is no logic in the Supreme Court's decision, it's just made up, the creation of a false right that doesn't even fall into the SC Constitutional role.
2007-04-15 12:37:50
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answer #2
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answered by The Scorpion 6
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Roe v. Wade, 410 U.S. 113 (1973), was a U.S. Supreme Court case that resulted in a landmark judicial opinion about privacy and abortion in the United States.[1] According to the Roe decision, most laws against abortion violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment. The decision overturned all state and federal laws outlawing or restricting abortion that were inconsistent with its holdings. Roe is one of the most controversial and politically significant cases in U.S. Supreme Court history. Its lesser-known companion case, Doe v. Bolton, was decided at the same time.
2007-04-15 12:15:11
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answer #3
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answered by FRAGINAL, JTM 7
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Technically, Roe v Wade is unconstitutional. It is a prime example of the Supreme Court legislating from the bench.
Shameful.
2007-04-15 12:14:50
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answer #4
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answered by Anonymous
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2016-11-24 21:03:55
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answer #5
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answered by ? 4
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