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The decision in Roe v. Wade, (1973) rests on the judicial concept of  Substantive Due Process , which holds that the Fourteenth Amendment Due Process Clause is intended to protect all unenumerated rights considered fundamental and implicit in the concept of ordered liberty, among these the right to privacy.
In Powell v. Alabama, the 1932 Supreme Court decision involving several black youths accused of raping two white girls on a train. the court ruled that the due process clause of the Fourteenth Amendment requires states to provide the rudiments of a fair trialâfundamental fairness.