In 1973, the United States Supreme Court's decision in Roe v. Wade invalidated many state statutes prohibiting almost all abortions. This Comment examines the Supreme Court's substantive due process and right to privacy analysis in Roe v. Wade to consider the decision's implications in related areas of law. Under a substantive due process analysis, the decision in Roe v. Wade focused on the legislative purpose behind abortion statutes, in particular the Texas statute's purpose of protecting the mother's health and the fetus' right to life. This Comment concludes by characterizing the Court's substantive due process analysis as encompassing a controversial purpose test that when applied to other areas of law such as euthanasia and suicide could find all prohibitive legislation constitutionally impermissible.
Roe v. Wade-The Abortion Decision-An Analysis and Its Implications,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol10/iss4/6