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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.
The process the US Supreme Court has chosen to follow â¦ is called selective incorporation, because the Bill of Rights is being applied to the states on Clause or Amendment at a time. More Information Incorporation, occurs by way of a decision of the Supreme Court of the United States.