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→The Roe Controversy, and its Progeny
=== The Roe Controversy, and its Progeny ===
=== The Roe Controversy, and its Progeny ===
A special case of substantive due process jurisprudence are those rights which involve a degree of "third-party harm"; that is, the chance that someone or something else may suffer by exercise of the right. Depending on the nature of the right involved, and its balance against the possibility of harm, rights involving a third-party harm may be curtailed or completely engulfed by the potential for harm. The right to assisted suicide, for instance, is wholly subsumed by the potential for abuse.<ref>Washington v. Glucksberg.</ref>
The right to choice in family planning, or, the right to an abortion, is another third-party harm right. The Court held in ''Casey'' that this right, by nature of the balance of the harm against the right, would be managed by the "undue burden" test.<ref>Casey, supra.</ref>
== References ==
== References ==
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