Factual Abortion questions

Factual Questions
1

I know that a subject of this nature almost always causes a lot of debate, but since this is GQ I will try to ask these questions as neutrally as possible and I hope that the replies will only stick to facts and not turn this into a GD thread.

OK, neither the constitution itself nor any of the amendments mention abortion or have an opinion on it one way or another. However, the term “Abortion rights” is firmly entrenched in the American vocabulary, mostly or exclusively by pro choice supporters.

My question is, In Roe V Wade what did the Surpreme Court use from the constitution to rule that abortion is a right? (Please try to give a summarized version if possible, thanks).

And second, if I remember, a few years ago, didn’t the Supreme Court give the power of regulating abortion over to the states? And can’t each individual state decide weather or not to ban abortions if it sees fit? And if so, would the ability of states to ban abortions rule out abortion as a right, since rights can’t be banned by states without due process of law (I. E convicted felons loosing the right to vote or own firearms)?

Thanks.

2

See for yourself.

FWIW, the Court found that the due process clause in the Fourteenth Amendment would be violated, as well as a right to privacy held to emanate from the penumbra of the other clauses of the Constitution, if states were allowed to regulate abortion during the first part of a pregnancy.

Not really. States are allowed to regulate abortions from the end of the first trimester to viability, but only to preserve the life or health of the mother. In other words, abortion has to be allowed if a doctor will certify that the mother’s life or health is at risk. Health in particular is defined rather widely, and includes factors like stress and so forth.

Regards,
Shodan

3

OK, due process and right to privacy, thanks. Oh, and I’ll definitely check out the link, thanks.