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In 1965 the United States Supreme Court decided the case of Griswold v. Connecticut, which held that the 14th amendment’s due process clause implied a fundamental right to privacy and overturned the Connecticut law. This was the first recognition by the Supreme Court of a constitutional right to privacy. But it has withheld court challenges ever since.
So, along comes Roe v. Wade in 1973, in which the Supreme Court had to decide whether a woman’s right to privacy is outweighed by the due process clause, which gives an unborn child a right to life. So then, you had all the debate about when an unborn child is viable and deserving of due process protection, and so on.
