The current prohibition on states to criminalize abortion is based on:

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The current prohibition on states to criminalize abortion is based on the right to privacy. In 1973, the Supreme Court case Roe v. Wade established that the due process clause of the 14th Amendment to the Constitution provides a fundamental "right to privacy" that protects a woman's right to choose to have an abortion. This decision has been upheld in subsequent cases, such as Planned Parenthood v. Casey in 1992.

The Current Prohibition on States to Criminalize Abortion Is Based