Roe v. Wade addressed the right to privacy, under 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. Use of Substantive Due Process is considered judicial activism, in that it seeks to limit the scope of laws that undermine personal liberty, even if the law doesn't address a right specifically mentioned in the Constitution.
Although not explicitly stated in the Constitution, the right to privacy has been inferred from various aspects of the Third, Fourth, Fifth, Ninth and Fourteenth Amendments.
Additional Information:
This pivotal case on the issue of abortion was held by the Court to say that a woman's right to abortion was to be determined by her pregnancy trimester.
Case Citation:
Roe v. Wade, 410 US 113 (1973)
For more information, see Related Questions, below.
Supreme court
The Supreme Court
Tests can be replaced as the court redefines limits on civil liberties
Civil liberties and civil rights
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people feared that important American liberties were threatened
people feared that important American liberties were threatened
people feared that important American liberties were threatened
people feared that important American liberties were threatened
people feared that important American liberties were threatened
Answer this question… Expanded civil liberties
People's Union for Civil Liberties was created in 1976.