The Unjustified Decision of Roe v. Wade and the Equal Protection Clause

Abstract

In the 1973 Roe v. Wade case, abortion rights were secured in the United States by use of the argument that the U.S. Constitution provided an implicit right to privacy, which could be found in various amendments. This article aims to show how the right to privacy was not a solid foundation for securing abortion rights. Instead, this article will focus on how Roe v. Wade could have strengthened its position by emphasizing the explicit Equal Protection Clause of the Fourteenth Amendment. The use of the Equal Protection Clause could potentially have served as a justification for asserting the right to abortion on the basis of gender equality.