Describe the history of how abortion became an area of Supreme Court jurisprudence. What legal decisions and concepts were central to the case of Roe v. Wade (1973)? How is the case Griswold v. Connecticut connected to Roe v. Wade? Which constitutional amendments are lawyers most likely to refer to when arguing in favor of the abortion right? Mention at least two amendments and explain how they can be interpreted to be applicable to the case Roe v. Wade. Summarize the Supreme Court’s decision in Roe v. Wade. What are some examples of restrictions on abortion that have been upheld since the Supreme Court’s decision in Roe? Why do you think the federal government got involved in the issue of abortion?

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The Supreme Court's decision in Roe v. Wade built upon several rulings that found an implicit right to privacy in the US Constitution that, although not specifically spelled out, could be upheld by the federal courts.

The first precedent dates back to 1923, when the Court ruled in Meyer v. Nebraska that a 1919 Nebraska law that forbade children younger than high school age to be taught a foreign language violated the Due Process clause of the Fourteenth Amendment. The Court found that the Fourteenth Amendment:

. . . Denotes not merely freedom from bodily restraint but also the right of the individual to contract to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men. (Emphasis added)

This started the Supreme Court down the road...

(The entire section contains 2 answers and 1071 words.)

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