Kinda depends on your judicial view of Roe v. Wade. Many believe that the court legislated instead of interpreted.
The court had to make two significant leaps:
First, that there is a right to privacy in the 4th amendment, which cannot be violated, even with probable cause. Second, that it is a strictly private matter, where the state has no interest in the fetus.
To be clear, I am not arguing either side of the abortion issue, but the fact that they did legislate in this matter is a pretty common and accepted view.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
