The right to make a decision, fail on your own, or look out for your best interests does not require the scrutiny of the government. Justice Brennan writing for the court in Eisenstadt v. Baird (1972) laid the foundation for the right to privacy protecting women’s right to have an abortion by stating;

“[I]f the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child,” (Ivers. 2013. 10.2).

In Roe v. Wade (1973) Justice Harry Black mun held the right to privacy was vague enough to cover the right of a woman to an abortion, but did not sufficiently cover the constitutionality of the question. Women were given the choice to continue the pregnancy or not with the trimester framework, that allowed the women to terminate any pregnancy within the first trimester.