Abortion Rights And Wrongs

The Basis of the Right

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If privacy is equated with freedom from excessive governmental interference, then almost everyone agrees that there is such a right, although it is not specified in the Constitution.

The ninth amendment clearly refers to rights "retained by the people" and not listed or enumerated in the Constitution.

The fourteenth amendment requires that no person be deprived of liberty without due process of law. This provision has often been held to require more than procedural regularity.

Can any of these three starting points be used as a basis for the right of privacy elaborated in Roe? If so, how? If not, why not? Can you think of some other basis?


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