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by ajim salazar on July 23rd, 2004

ajim salazar

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How did the Supreme Court decide Roe v. Wade? On what parts of the Constitution did they base their decision?

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  • by Joe Germuska on July 27th, 2004

    Joe Germuska

    The Oyez project presents this constitutional question and answer:

    Q: Does the Constitution embrace a woman's right to terminate her pregnancy by abortion?

    A: The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling.

    See http://www.oyez.org/oyez/resource/case/334/ for more information, including digital audio of the arguments in the case.

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