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- There is no other way to put it. Roe v. Wade and its progeny are dead. Women in the United States no longer have a constitutional guaranteed right to an abortion. This video explains the how and the why of everything that happened. And to do that, we have to start with the history of how we got Roe v. Wade in the first place. What is the source of a constitutional right to an abortion in the United States? It is one of the rights which fall under a general right to privacy, which is the right of people to make personal decisions regarding intimate matters. Now, when youre talking about the right to privacy, youre talking about unenumerated rights in the constitution. When the founders were drafting the constitution, they did not set out to list all of the rights which Americans could conceivably claim. They were well aware that by naming some of the rights but not others, future governments might deny the people rights that the founders believed were important. And this is why the