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"roe v wade, where they managed to invoke the 3rd amendment to defend a woman's right to an abortion..."

This is gross caricature of the actual argument. Roe uses the 14th amendment as the basis of the right to privacy (and abortion). Additionally it had to comment on the lower courts ruling. The lower court had ruled to overturn the law (thus making abortion legal) but the basis had been the 9th amendment and "penumbral" privacy rights. It did not reject this argument but made it secondary to the 14th amendment.



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