Roe v. Wade is based on the 14th Amendment and the 'right to privacy' as seen by the Justices when the decision was made.
Rush is agreeing that the 14th Grants a Right to Privacy and is basing his defense on that theory.
Go read the 14th and see if you see anything that may even imply a 'right to privacy.' I do no see it and therefore believe Roe v. Wade was a flawed decision.
However, from the looks of his Defense it would appear that Rush believes the 14th grants a Right to Privacy and therefore believes woman have a right to privacy when it comes to visiting an abortion doctor.
Rush is basing his case on a Florida law which says medical records are to be obtained by subpoena and prior notice.
I don't believe the US Constitution has been used by his defense attorney.