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To understand the abortion debate stemming from the U.S. Supreme Court’s 1973 Roe v. Wade decision, one must understand substantive due process which allows courts to protect certain fundamental rights from government interference, even when a specific protection is not directly mentioned in the US Constitution. In Roe v. Wade and subsequent decisions on abortion, the Court recognized a constitutionally based liberty, limiting the reach of laws that would otherwise interfere with a person’s right to make their own decisions – in this debate, a woman’s right to choose.
For a better understanding of substantive due process, its application to fundamental rights oft taken for granted and, given the current composition of the U.S. Supreme Court, how those rights can be taken away, see Legal.com’s article: Substantive Due Process.
Curious about international law as it pertains to Russia’s invasion of Ukraine? Use Legal.com’s free online legal research tool to learn more from reputable sources including the United Nations, Brookings Institute, Council on Foreign Relations, Amnesty International and more. Here’s a simple search phrase to get started: international law war
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