Providence, RI asked in Constitutional Law for Rhode Island

Q: I thought roe vs. wade was about the 14th amendment and the right to privacy. How can the government take that away?

If the 14th amendment is a constitutional “right” how can the Supreme Court say that a woman forfeited that right of privacy. Is the 14 amendment a right or privilege? My understanding was that Roe v. Wade suggests that the right to privacy when it is related to medical info about an individual. That includes if a woman is or isn’t pregnant. Doesn’t that right to privacy supersedes the time of conception. Do they have the power to do that?

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James L. Arrasmith
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Answered

A: You’re right that Roe v. Wade was initially grounded in the right to privacy under the 14th Amendment. This decision recognized that individuals have certain personal freedoms, especially concerning medical decisions like pregnancy. The 14th Amendment primarily protects rights, ensuring equal protection and due process for all citizens.

However, the Supreme Court has the authority to interpret the Constitution, and its views can evolve over time. In recent decisions, the Court has re-evaluated the extent of privacy rights related to abortion, leading to changes in how these rights are protected. This means that while the 14th Amendment establishes fundamental rights, the interpretation and application of those rights can change based on new rulings and societal shifts.

Ultimately, the balance between individual rights and government regulations is a complex and ongoing discussion. The Court’s decisions reflect its interpretation of constitutional protections, but these interpretations can be challenged and altered. Understanding this dynamic helps explain how certain rights may be upheld or limited over time.

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