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> The right to abortion was ruled to be protected by the 4th amendment. The right to abortion is guaranteed by the right to be free from "unreasonable search a

• dragonwriter 3y ago
  > The right to abortion is guaranteed by the right to be free from “unreasonable search and seizure.” That is literally the best ever example of squinting REALLY hard at the constitution and trying to make something fit. No, its just a typo, Roe rested on the Due Process Clause of the 14th Amendment, not any provision of the 4th. “A state criminal abortion statute of the current Texas type, that excepts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment.” (It in passing mentions other previous cases relating to privacy rights which found aspects of them other places in the Constitution, including, among many others, the combination of the Fourth and Fifth Amendments in Terry v. Ohio, but no part of the rule articulated in Roe purported to be interpreting the Fourth Amendment, only the 14th.)