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There has been an enormous amount of debate over whether Roe V. Wade was a correct ruling by the Supreme Court, however the question asks about the arguments used and this can be objectively answered.

Contrary to popular belief, it was NOT a ruling that the Federal Government should have jurisdiction over abortion, but rather one that said that ANY branch of government would be in violation of the 4th amendment by banning abortion.

Although abortion is far too complex an issue for resolving here, the general argument carried in the Roe v. Wade decision was that attempts by any level of government to restrict access to abortion violated a person's 4th Amendment rights by interfering in the private relationship between a patient and a doctor.

Even if the argument is accepted that the States have jurisdiction over the matter, the States are still bound by the 4th amendment, and therefore would be prohibited from restricting abortion based upon this ruling.

Users are cautioned that this is not an appropriate forum for debating the morality of the issue, nor the "rightness" of the ruling. Such content will be removed and will simply result in a reversion and lock.

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16y ago

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