The Court's decimation of 50 years of precedent requires a rebuilding of jurisprudence to align with the promise of the Fourteenth Amendment. The Due Process Clause provides that no states shall deprive any "person" of "life, liberty or property" without due process of law.Abortion care is a constitutional right before fetal viability under the 14th Amendment to the. Constitution of the United States. California guarantees the right to abortion in statute and the state constitution. In 1973, the U.S. Supreme Court's ruling in Roe v. In 2022, California voters approved an amendment to the state constitution that specifically protects access to abortion and contraception. Now that the U.S. Supreme Court has overturned the Roe decision, here are key takeaways of what to expect for abortion in California. Abortion in California is legal up to the point of fetal viability. Catch up on the top stories in California with a summary of our reporting and commentary.