987, P. 173).
The importance of this fact was that the justices patterned their decision on precedent already set. Since these cases never directly asserted the rights of 'liberty' (14th Amendment) extended to those not born, the contemporary justices concluded that the Fourteenth Amendment right to life was not at issue (in respect to the fetus). Montana v. Rogers, 278 F. 2d 68, was the case which contended that "until birth, no rights existed" (Baum, 1989, p. 190).
This was a fairly active role the Court took in interpreting the First and Fourteenth Amendments. Although this case was decided in 1973, the Court was still making several liberal decisions reg
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