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right to refuse to carry an unquickened embryo during her early
months of pregnancy. In doing sos the District Court quoted from
U_nion Pacific Railroad Co. vo Botsford, 141 U.S. 250, 35 L. Edo
734 (1891)r a decision which the Supreme Court in R e vo W .de
followed with favor. The Supreme Court in Unig!! Pacific_, as
quoted in Babb__kz_ stated:
No right is more sacred_ or is more carefully
guarded by the common laws than the right of
every individual to the possession and
control of his own person, free from all
restraint or interference of others, unless
by clear and unquestionable authority of law.
As well said Judge Cooley, '_The right to
one's person may be said to be a right of
complete immunity: to be let alone°"
141 UoS. at 251.
The Court in Babbit_z chose language strikingly similar to
that used by former Justice Clark, one of the members of the
Court that decided @ri_wold_ In his essay -- Reli_io____litz
and Abortion: A Cons_itutional A raisa_ 2 Loy. Lo Rev° 1
(1969), Clark stated that since !965_ an entire "zone of
individual privacy" exists around "marriage, home, children and
day-to-day living habits_" protected by the Ninth _ench_ent in
the absence of a clearly demomstrable compelling state interest°
"This is one of the most fundamental concepts that the Founding
Fathers had in mind when they drafted the Constitution°" 2 Loy.
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