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14th Amendment Agreement With Abortion In Pennsylvania
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US-000280
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S.B. 956 (J. Ward) H.B. 2252 (Oberlander) – Would amend the Pennsylvania Constitution to declare there is no right to an abortion or funding for an abortion. Status – On January 25, 2022, S.B.
The Supreme Court, however, beginning as early as 1923 and continuing through its recent decisions, has broadly read the "liberty" guarantee of the Fourteenth Amendment to guarantee a fairly broad right of privacy that has come to encompass decisions about child rearing, procreation, marriage, and termination of ...
In recognizing the right to an abortion under the Ninth Amendment, no such analysis is necessary. The text of the Ninth Amendment allows the U.S. Supreme Court to recognize this protected right without an inquiry into historical tradition.
The Fourteenth Amendment only applies to actions by state governments (state actions), not private actions. Consider, for example, Obergefell, which involved the fundamental right to marry. Some state laws interfered with that right.
In the resulting Supreme Court case, the Court ruled that a woman's decision to have an abortion in the first trimester of pregnancy fell under the right of privacy and thus was protected by the Constitution.
A1: Although the Fourteenth Amendment does not contain the word “privacy” itself, nor does it appear in the rest of the Constitution, U.S. courts have long acknowledged an individual's right to privacy in home and family life. The Supreme Court first recognized a constitutional right to privacy in Griswold v.
In Roe v. Wade, the Court ruled that a state law that banned abortions except to save the life of the mother was unconstitutional under the Fourteenth Amendment. The decision has proven to be one of the most controversial cases in the Court's history.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.