Nevertheless, in its decisions on abortion the Supreme Court addressed
the issue of abortion primarily in terms of choice rather than equality. Roe v.
Wade famously declares that the right to choose, “whether it be founded in the
Fourteenth Amendment’s concept of personal liberty and restrictions upon
state action . . . or . . . in the Ninth Amendment’s reservation of rights to the
people, is broad enough to encompass a woman’s decision whether or not to
terminate her pregnancy.”9