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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.
Jane Roe's lawyer, Sarah Weddington, argued that Jane Roe and all women have a right to abortion under the U.S. Constitution, and therefore that laws prohibiting abortion in Texas and other states are unconstitutional and should be ruled invalid. The Court issued its decision in the Roe v. Wade case on Jan. 22, 1973.