Explore BrainMass

Explore BrainMass

    Right to privacy in Roe vs. Wade

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    Please tell me how Right to Privacy was applied in Roe v. Wade. Please be thorough.

    © BrainMass Inc. brainmass.com October 10, 2019, 1:11 am ad1c9bdddf

    Solution Preview

    Hello and thank you for using Brainmass!

    A good place to begin with this question is <http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=410&invol=113>, which shows the court opinion in its entirety.

    Roe vs. Wade struck down a Texas state law which deemed abortions illegal except in instances where the mother's life was in jeopardy. According to this case file, "a woman's qualified right to terminate her pregnancy" is an aspect of her personal autonomy and is upheld by both the due process clause of the 14th amendment as well as the right to privacy as indicated in the 9th amendment. However, the ruling also specified the state's interest in "promoting the viability of human life;" after the end of the first trimester, the state may regulate or proscribe abortion proceedings.

    The court opinion cited a number of precedents to support the idea of an implicit right to privacy since that phrase is never actually mentioned in the Constitution. Specifically, "in varying contexts, the Court or individual Justices have, indeed, found at least the roots of that ...

    Solution Summary

    The solution explains the use of the legal concept/constitutional liberty (9th Amendment) 'Right to privacy' in the case of Roe v. Wade.