roe wade argued december decided january pregnant single woman roe brought class action challenging constitutionality texas criminal abortion laws proscribe procuring attempting abortion except medical advice purpose saving mother life licensed physician hallford two state abortion prosecutions pending permitted intervene childless married couple wife pregnant separately attacked laws basing alleged injury future possibilities contraceptive failure pregnancy unpreparedness parenthood impairment wife health district consolidated actions held roe hallford members classes standing sue presented justiciable controversies ruling declaratory though injunctive relief warranted declared abortion statutes void vague overbroadly infringing plaintiffs ninth fourteenth amendment rights ruled complaint justiciable appellants directly appealed injunctive rulings appellee district grant declaratory relief roe hallford held authorizes direct appeal grant denial declaratory relief alone review foreclosed case properly appeal specific denial injunctive relief arguments injunctive declaratory relief necessarily identical roe standing sue hallford pp contrary appellee contention natural termination roe pregnancy moot suit litigation involving pregnancy capable repetition yet evading review exception usual federal rule actual controversy must exist review stages simply action initiated pp district correctly refused injunctive erred granting declaratory relief hallford alleged federally protected right assertable defense state prosecutions pending samuels mackell pp complaint based contingencies one may occur speculative present actual case controversy pp state criminal abortion laws like involved except criminality procedure mother behalf without regard stage pregnancy interests involved violate due process clause fourteenth amendment protects state action right privacy including woman qualified right terminate pregnancy though state override right legitimate interests protecting pregnant woman health potentiality human life interests grows reaches compelling point various stages woman approach term pp stage prior approximately end first trimester abortion decision effectuation must left medical judgment pregnant woman attending physician pp stage subsequent approximately end first trimester state promoting interest health mother may chooses regulate abortion procedure ways reasonably related maternal health pp stage subsequent viability state promoting interest potentiality human life may chooses regulate even proscribe abortion except necessary appropriate medical judgment preservation life health mother pp state may define term physician mean physician currently licensed state may proscribe abortion person physician defined unnecessary decide injunctive relief issue since texas authorities doubtless fully recognize ruling texas criminal abortion statutes unconstitutional blackmun delivered opinion burger douglas brennan stewart marshall powell joined burger post douglas post stewart post filed concurring opinions white filed dissenting opinion rehnquist joined post rehnquist filed dissenting opinion post sarah weddington reargued cause appellants briefs roy lucas fred bruner roy merrill norman dorsen robert flowers assistant attorney general texas argued cause appellee reargument jay floyd assistant attorney general argued cause appellee original argument brief crawford martin attorney general nola white first assistant attorney general alfred walker executive assistant attorney general henry wade john tolle briefs amici curiae filed gary nelson attorney general arizona robert killian attorney general connecticut ed hancock attorney general kentucky clarence meyer attorney general nebraska vernon romney attorney general utah joseph witherspoon association texas diocesan attorneys charles rice americans life eugene mcmahon women unborn et al carol ryan american college obstetricians gynecologists et al dennis horan jerome frazel thomas crisham dolores horan certain physicians professors fellows american college obstetrics gynecology harriet pilpel nancy wechsler frederic nathan planned parenthood federation america et al alan charles national legal program health problems poor et al marttie thompson state communities aid assn alfred scanlan martin flynn robert byrn national right life committee helen buttenwieser american ethical union et al norma zarky american association university women et al nancy stearns new women lawyers et al california committee legalize abortion et al robert dunne robert sassone justice blackmun delivered opinion texas federal appeal georgia companion doe bolton post present constitutional challenges state criminal abortion legislation texas statutes attack typical effect many approximately century georgia statutes contrast modern cast legislative product extent least obviously reflects influences recent attitudinal change advancing medical knowledge techniques new thinking old issue forthwith acknowledge awareness sensitive emotional nature abortion controversy vigorous opposing views even among physicians deep seemingly absolute convictions subject inspires one philosophy one experiences one exposure raw edges human existence one religious training one attitudes toward life family values moral standards one establishes seeks observe likely influence color one thinking conclusions abortion addition population growth pollution poverty racial overtones tend complicate simplify problem task course resolve issue constitutional measurement free emotion predilection seek earnestly inquired opinion place emphasis upon medical history history reveals man attitudes toward abortion procedure centuries bear mind justice holmes admonition dissent lochner new york constitution made people fundamentally differing views accident finding certain opinions natural familiar novel even shocking conclude judgment upon question whether statutes embodying conflict constitution texas statutes concern us arts state penal code make crime procure abortion therein defined attempt one except respect abortion procured attempted medical advice purpose saving life mother similar statutes existence majority texas first enacted criminal abortion statute texas laws set forth gammel laws texas soon modified language remained substantially unchanged present time see texas penal code arts paschal laws texas arts texas rev arts texas rev crim arts final article compilations provided exception present article abortion medical advice purpose saving life mother ii jane roe single woman residing dallas county texas instituted federal action march district attorney county sought declaratory judgment texas criminal abortion statutes unconstitutional face injunction restraining defendant enforcing statutes roe alleged unmarried pregnant wished terminate pregnancy abortion performed competent licensed physician safe clinical conditions unable get legal abortion texas life appear threatened continuation pregnancy afford travel another jurisdiction order secure legal abortion safe conditions claimed texas statutes unconstitutionally vague abridged right personal privacy protected first fourth fifth ninth fourteenth amendments amendment complaint roe purported sue behalf women similarly situated james hubert hallford licensed physician sought granted leave intervene roe action complaint alleged arrested previously violations texas abortion statutes two prosecutions pending described conditions patients came seeking abortions claimed many cases physician unable determine whether fell within outside exception recognized article alleged consequence statutes vague uncertain violation fourteenth amendment violated patients rights privacy relationship right practice medicine rights claimed guaranteed first fourth fifth ninth fourteenth amendments john mary doe married couple filed companion complaint roe also named district attorney defendant claimed like constitutional deprivations sought declaratory injunctive relief alleged childless couple doe suffering disorder physician advised avoid pregnancy time condition materially improved although pregnancy present time present serious risk life pursuant medical advice discontinued use birth control pills become pregnant want terminate pregnancy abortion performed competent licensed physician safe clinical conditions amendment complaint purported sue behalf couples similarly situated two actions consolidated heard together duly convened district suits thus presented situations pregnant single woman childless couple wife pregnant licensed practicing physician joining attack texas criminal abortion statutes upon filing affidavits motions made dismissal summary judgment held roe members class hallford standing sue presented justiciable controversies failed allege facts sufficient state present controversy standing concluded respect requests declaratory judgment abstention warranted merits district held fundamental right single women married persons choose whether children protected ninth amendment fourteenth amendment texas criminal abortion statutes void face unconstitutionally vague constituted overbroad infringement plaintiffs ninth amendment rights held abstention warranted respect requests injunction therefore dismissed complaint declared abortion statutes void dismissed application injunctive relief supp nd tex plaintiffs roe doe intervenor hallford pursuant appealed part district judgment denying injunction defendant district attorney purported pursuant statute grant declaratory relief roe hallford sides also taken protective appeals appeals fifth circuit ordered appeals held abeyance pending decision postponed decision jurisdiction hearing merits iii might preferable defendant pursuant rule presented us petition certiorari judgment appeals respect granting plaintiffs prayer declaratory relief decisions mitchell donovan gunn university committee effect authorize appeal grant denial declaratory relief alone conclude nevertheless decisions foreclose review injunctive declaratory aspects case kind properly one appeal specific denial injunctive relief arguments aspects necessarily identical see carter jury florida lime growers jacobsen destructive time energy concerned rule otherwise cf doe bolton post iv next confronted issues justiciability standing abstention roe established personal stake outcome controversy baker carr insures dispute sought adjudicated presented adversary context form historically viewed capable judicial resolution flast cohen sierra club morton effect pendency criminal abortion charges hallford state upon propriety federal granting relief jane roe despite use pseudonym suggestion made roe fictitious person purposes case accept true established existence pregnant state inception suit march late may year filed alias affidavit district inability obtain legal abortion texas viewing roe case time filing thereafter late may little dispute presented case controversy wholly apart class aspects pregnant single woman thwarted texas criminal abortion laws standing challenge statutes abele markle crossen breckenridge poe menghini supp see truax raich indeed read appellee brief really asserting anything contrary logical nexus status asserted claim sought adjudicated flast cohen necessary degree contentiousness golden zwickler present appellee notes however record disclose roe pregnant time district hearing may following june opinion judgment filed suggests roe case must moot members class longer subject pregnancy usual rule federal cases actual controversy must exist stages appellate certiorari review simply date action initiated munsingwear golden zwickler supra sec medical committee human rights pregnancy significant fact litigation normal human gestation period short pregnancy come term usual appellate process complete termination makes case moot pregnancy litigation seldom survive much beyond trial stage appellate review effectively denied law rigid pregnancy often comes woman general population man survive always us pregnancy provides classic justification conclusion nonmootness truly capable repetition yet evading review southern pacific terminal icc see moore ogilvie carroll princess anne grant therefore agree district jane roe standing undertake litigation presented justiciable controversy termination pregnancy rendered case moot hallford doctor position different entered roe litigation alleging complaint past arrested violating texas abortion laws present time stands charged indictment violating said laws criminal district dallas county texas state texas james hallford state texas james hallford cases defendant charged abortion hallford therefore position seeking federal declaratory injunctive relief respect statutes stands charged criminal prosecutions simultaneously pending state although stated arrested past violating state abortion laws makes allegation substantial immediate threat federally protected right asserted defense state prosecutions neither allegation harassment prosecution order escape rule articulated cases cited next paragraph opinion absent harassment bad faith defendant pending state criminal case affirmatively challenge federal statutes state prosecuting hallford seeks distinguish status present state defendant status potential future defendant assert latter standing purposes see merit distinction decision samuels mackell compels conclusion district erred granted declaratory relief hallford instead refraining course correct refusing grant injunctive relief doctor reasons supportive action however expressed samuels mackell supra younger harris boyle landry perez ledesma byrne karalexis see also dombrowski pfister note passing younger companion cases decided district decision case hallford complaint intervention therefore dismissed remitted defenses state criminal proceedings reverse judgment district insofar granted hallford relief failed dismiss complaint intervention view ruling roe standing case issue standing case little significance claims assert essentially roe attack statutes nevertheless briefly note posture pleadings present childless married couple woman pregnant desire children time received medical advice doe avoid pregnancy highly personal reasons fear may face prospect becoming parents pregnancy ensues want terminate abortion assert inability obtain abortion legally texas consequently prospect obtaining illegal abortion going outside texas place procedure obtained legally competently thus plaintiffs married couple asserted immediate present injury alleged detrimental effect upon marital happiness forced choice refraining normal sexual relations endangering mary doe health possible pregnancy claim sometime future doe might become pregnant possible failure contraceptive measures time future might want abortion might illegal texas statutes phrasing position reveals speculative character alleged injury rests possible future contraceptive failure possible future pregnancy possible future unpreparedness parenthood possible future impairment health one several possibilities may take place may combine estimation possibilities might real imagined impact upon marital happiness prepared say bare allegation indirect injury sufficient present actual case controversy younger harris golden zwickler abele markle crossen breckenridge claim falls far short resolved otherwise cases urge upon us namely investment institute camp data processing service camp epperson arkansas see also truax raich therefore appropriate plaintiffs litigation complaint properly dismissed district affirm dismissal principal thrust appellant attack texas statutes improperly invade right said possessed pregnant woman choose terminate pregnancy appellant discover right concept personal liberty embodied fourteenth amendment due process clause personal marital familial sexual privacy said protected bill rights penumbras see griswold connecticut eisenstadt baird white concurring result among rights reserved people ninth amendment griswold connecticut goldberg concurring addressing claim feel desirable briefly survey several aspects history abortion insight history may afford us examine state purposes interests behind criminal abortion laws vi perhaps generally appreciated restrictive criminal abortion laws effect majority today relatively recent vintage laws generally proscribing abortion attempt time pregnancy except necessary preserve pregnant woman life ancient even origin instead derive statutory changes effected part latter half century ancient attitudes capable precise determination told time persian empire abortifacients known criminal abortions severely punished also told however abortion practiced greek times well roman era resorted without scruple ephesian soranos often described greatest ancient gynecologists appears generally opposed rome prevailing practices found necessary think first life mother resorted abortion upon standard felt procedure advisable greek roman law afforded little protection unborn abortion prosecuted places seems based concept violation father right offspring ancient religion bar abortion hippocratic oath famous oath stood long ethical guide medical profession bears name great greek described father medicine wisest greatest practitioner art important complete medical personality antiquity dominated medical schools time typified sum medical knowledge past oath varies somewhat according particular translation translation content clear give deadly medicine anyone asked suggest counsel like manner give woman pessary produce abortion neither give deadly drug anybody asked make suggestion effect similarly give woman abortive remedy although oath mentioned principal briefs case doe bolton post represents apex development strict ethical concepts medicine influence endures day authority hippocrates dissuade abortion practice time rome late edelstein provides us theory oath uncontested even hippocrates day pythagorean school philosophers frowned upon related act suicide greek thinkers hand commended abortion least prior viability see plato republic aristotle politics vii pythagoreans however matter dogma embryo animate moment conception abortion meant destruction living abortion clause oath therefore echoes pythagorean doctrines stratum greek opinion views held proposed spirit uncompromising austerity edelstein concludes oath originated group representing small segment greek opinion certainly accepted ancient physicians points medical writings galen give evidence violation almost every one injunctions end antiquity decided change took place resistance suicide abortion became common oath came popular emerging teachings christianity agreement pythagorean ethic oath became nucleus medical ethics applauded embodiment truth thus suggests edelstein pythagorean manifesto expression absolute standard medical conduct seems us satisfactory acceptable explanation hippocratic oath apparent rigidity enables us understand historical context revered statement medical ethics common law undisputed common law abortion performed quickening first recognizable movement fetus utero appearing usually week pregnancy indictable offense absence crime abortion appears developed confluence earlier philosophical theological civil canon law concepts life begins disciplines variously approached question terms point embryo fetus became formed recognizably human terms person came infused soul animated loose consensus evolved early english law events occurred point conception live birth mediate animation although christian theology canon law came fix point animation days male days female view persisted century otherwise little agreement precise time formation animation agreement however prior point fetus regarded part mother destruction therefore homicide due continued uncertainty precise time animation occurred lack empirical basis view perhaps aquinas definition movement one two first principles life bracton focused upon quickening critical point significance quickening echoed later scholars found way received common law country whether abortion quick fetus felony common law even lesser crime still disputed bracton writing early century thought homicide later predominant view following great scholars lesser offense frequently cited passage coke took position abortion woman quick childe great misprision murder blackstone followed saying abortion quickening considered manslaughter though murder modern law took less severe view recent review precedents argues however precedents contradict coke even abortion never established crime importance american courts ruled holding dictum abortion unquickened fetus criminal received common law others followed coke stating abortion quick fetus misprision term translated mean misdemeanor reliance coke aspect law uncritical apparently reported cases dictum due probably paucity prosecutions abortion makes appear doubtful abortion ever firmly established crime even respect destruction quick fetus english statutory law england first criminal abortion statute lord ellenborough act geo came made abortion quick fetus capital crime provided lesser penalties felony abortion quickening thus preserved quickening distinction contrast continued general revision geo disappeared however together death penalty reappear offenses person act formed core english law liberalizing reforms infant life preservation act geo came emphasis upon destruction life child capable born alive made willful act performed necessary intent felony contained proviso one found guilty offense unless proved act caused death child done good faith purpose preserving life mother seemingly notable development english law case rex bourne case apparently answered affirmative question whether abortion necessary preserve life pregnant woman excepted criminal penalties act instructions jury judge macnaghten referred act observed act related case child killed wilful act time delivered ordinary course nature concluded act use word unlawfully imported meaning expressed specific proviso act even though mention preserving mother life act construed phrase preserving life mother broadly reasonable sense include serious permanent threat mother health instructed jury acquit bourne found acted belief abortion necessary purpose jury acquit recently parliament enacted new abortion law abortion act eliz act permits licensed physician perform abortion two licensed physicians agree continuance pregnancy involve risk life pregnant woman injury physical mental health pregnant woman existing children family greater pregnancy terminated substantial risk child born suffer physical mental abnormalities seriously handicapped act also provides making determination account may taken pregnant woman actual reasonably foreseeable environment also permits physician without concurrence others terminate pregnancy opinion abortion immediately necessary save life prevent grave permanent injury physical mental health pregnant woman american law country law effect century english common law connecticut first state enact abortion legislation adopted part lord ellenborough act related woman quick child death penalty imposed abortion quickening made crime state new york enacted legislation two respects serve model early statutes first barring destruction unquickened fetus well quick fetus made former misdemeanor latter manslaughter second incorporated concept therapeutic abortion providing abortion excused shall necessary preserve life mother shall advised two physicians necessary purpose texas received common law eight american statutes dealing abortion war legislation began generally replace common law initial statutes dealt severely abortion quickening lenient quickening punished attempts equally completed abortions many statutes included exception abortion thought one physicians necessary save mother life provision soon disappeared typical law required procedure actually necessary purpose gradually middle late century quickening distinction disappeared statutory law degree offense penalties increased end large majority jurisdictions banned abortion however whenever performed unless done save preserve life mother exceptions alabama district columbia permitted abortion preserve mother health three permitted abortions unlawfully performed without lawful justification leaving interpretation standards courts past several years however trend toward liberalization abortion statutes resulted adoption less stringent laws patterned ali model penal code set forth appendix opinion doe bolton post thus apparent common law time adoption constitution throughout major portion century abortion viewed less disfavor american statutes currently effect phrasing another way woman enjoyed substantially broader right terminate pregnancy today least respect early stage pregnancy possibly without limitation opportunity make choice present country well century even later law continued time treat less punitively abortion procured early pregnancy position american medical association mood prevalent country late century shared medical profession indeed attitude profession may played significant role enactment stringent criminal abortion legislation period ama committee criminal abortion appointed may presented report trans med assn twelfth annual meeting report observed committee appointed investigate criminal abortion view general suppression deplored abortion frequency listed three causes general demoralization first causes popular ignorance true character crime belief even among mothers foetus alive till period quickening second agents alluded fact profession frequently supposed careless foetal life third reason frightful extent crime found grave defects laws common statute regards independent actual existence child birth living errors sufficient instances prevent conviction based based upon mistaken exploded medical dogmas strange inconsistency law fully acknowledges foetus utero inherent rights civil purposes personally criminally affected fails recognize life yet denies protection long vivid report submitted committee criminal abortion ended observation deal human life matter less importance entertain compromise honest judge bench call things proper names less trans med assn proffered resolutions adopted association recommending among things unlawful unprofessional physician induce abortion premature labor without concurrent opinion least one respectable consulting physician always view safety child possible calling attention clergy denominations perverted views morality entertained large class females aye men also important question except periodic condemnation criminal abortionist formal ama action took place year committee human reproduction urged adoption stated policy opposition induced abortion except documented medical evidence threat health life mother child may born incapacitating physical deformity mental deficiency pregnancy resulting legally established statutory forcible rape incest may constitute threat mental physical health patient two physicians chosen recognized professional competence examined patient concurred writing procedure performed hospital accredited joint commission accreditation hospitals providing medical information physicians state legislatures consideration legislation regarding therapeutic abortion considered consistent principles ethics american medical association recommendation adopted house delegates proceedings ama house delegates june introduction variety proposed resolutions report board trustees reference committee noted polarization medical profession controversial issue division among testified difference opinion among ama councils committees remarkable shift testimony six months felt influenced rapid changes state laws judicial decisions tend make abortion freely available feeling trend continue june house delegates adopted preambles resolutions proposed reference committee preambles emphasized best interests patient sound clinical judgment informed patient consent contrast mere acquiescence patient demand resolutions asserted abortion medical procedure performed licensed physician accredited hospital consultation two physicians conformity state law party procedure required violate personally held moral principles proceedings ama house delegates june ama judicial council rendered complementary opinion position american public health association october executive board apha adopted standards abortion services five number rapid simple abortion referral must readily available state local public health departments medical societies nonprofit organizations important function counselling simplify expedite provision abortion services delay obtaining services psychiatric consultation mandatory case specialized medical services psychiatric consultation sought definite indications routine basis wide range individuals appropriately trained sympathetic volunteers highly skilled physicians may qualify abortion counselors contraception sterilization discussed abortion patient recommended standards abortion services pub health skill physician environment abortion performed duration pregnancy determined uterine size confirmed menstrual history position american bar association meeting february aba house delegates approved opposing votes uniform abortion act drafted approved preceding august conference commissioners uniform state laws set forth act full margin conference appended enlightening prefatory note vii three reasons advanced explain historically enactment criminal abortion laws century justify continued existence argued occasionally laws product victorian social concern discourage illicit sexual conduct texas however advance justification present case appears commentator taken argument seriously appellants amici contend moreover proper state purpose suggest texas statutes overbroad protecting since law fails distinguish married unwed mothers second reason concerned abortion medical procedure criminal abortion laws first enacted procedure hazardous one woman particularly true prior development antisepsis antiseptic techniques course based discoveries lister pasteur others first announced generally accepted employed turn century abortion mortality high even perhaps late development antibiotics standard modern techniques dilation curettage nearly safe today thus argued state real concern enacting criminal abortion law protect pregnant woman restrain submitting procedure placed life serious jeopardy modern medical techniques altered situation appellants various amici refer medical data indicating abortion early pregnancy prior end first trimester although without risk relatively safe mortality rates women undergoing early abortions procedure legal appear low lower rates normal childbirth consequently interest state protecting woman inherently hazardous procedure except equally dangerous forgo largely disappeared course important state interests areas health medical standards remain state legitimate interest seeing abortion like medical procedure performed circumstances insure maximum safety patient interest obviously extends least performing physician staff facilities involved availability adequate provision complication emergency might arise prevalence high mortality rates illegal abortion mills strengthens rather weakens state interest regulating conditions abortions performed moreover risk woman increases pregnancy continues thus state retains definite interest protecting woman health safety abortion proposed late stage pregnancy third reason state interest phrase terms duty protecting prenatal life argument justification rests theory new human life present moment conception state interest general obligation protect life extends argued prenatal life life pregnant mother stake balanced life carries within interest embryo fetus prevail logically course legitimate state interest area need stand fall acceptance belief life begins conception point prior live birth assessing state interest recognition may given less rigid claim long least potential life involved state may assert interests beyond protection pregnant woman alone parties challenging state abortion laws sharply disputed courts contention purpose laws enacted protect prenatal life pointing absence legislative history support contention claim state laws designed solely protect woman medical advances lessened concern least respect abortion early pregnancy argue respect abortions laws longer justified state interest scholarly support view original purpose state courts called upon interpret laws late early centuries focus state interest protecting woman health rather preserving embryo fetus proponents view point many including texas statute judicial interpretation pregnant woman prosecuted cooperating abortion performed upon another claim adoption quickening distinction received common law state statutes tacitly recognizes greater health hazards inherent late abortion impliedly repudiates theory life begins conception interests weight attached case concerned viii constitution explicitly mention right privacy line decisions however going back perhaps far union pacific botsford recognized right personal privacy guarantee certain areas zones privacy exist constitution varying contexts individual justices indeed found least roots right first amendment stanley georgia fourth fifth amendments terry ohio katz boyd see olmstead brandeis dissenting penumbras bill rights griswold connecticut ninth amendment goldberg concurring concept liberty guaranteed first section fourteenth amendment see meyer nebraska decisions make clear personal rights deemed fundamental implicit concept ordered liberty palko connecticut included guarantee personal privacy also make clear right extension activities relating marriage loving virginia procreation skinner oklahoma contraception eisenstadt baird white concurring result family relationships prince massachusetts child rearing education pierce society sisters meyer nebraska supra right privacy whether founded fourteenth amendment concept personal liberty restrictions upon state action feel district determined ninth amendment reservation rights people broad enough encompass woman decision whether terminate pregnancy detriment state impose upon pregnant woman denying choice altogether apparent specific direct harm medically diagnosable even early pregnancy may involved maternity additional offspring may force upon woman distressful life future psychological harm may imminent mental physical health may taxed child care also distress concerned associated unwanted child problem bringing child family already unable psychologically otherwise care cases one additional difficulties continuing stigma unwed motherhood may involved factors woman responsible physician necessarily consider consultation basis elements appellant amici argue woman right absolute entitled terminate pregnancy whatever time whatever way whatever reason alone chooses agree appellant arguments texas either valid interest regulating abortion decision interest strong enough support limitation upon woman sole determination unpersuasive decisions recognizing right privacy also acknowledge state regulation areas protected right appropriate noted state may properly assert important interests safeguarding health maintaining medical standards protecting potential life point pregnancy respective interests become sufficiently compelling sustain regulation factors govern abortion decision privacy right involved therefore said absolute fact clear us claim asserted amici one unlimited right one body one pleases bears close relationship right privacy previously articulated decisions refused recognize unlimited right kind past jacobson massachusetts vaccination buck bell sterilization therefore conclude right personal privacy includes abortion decision right unqualified must considered important state interests regulation note federal state courts recently considered abortion law challenges reached conclusion majority addition district present case held state laws unconstitutional least part vagueness overbreadth abridgment rights abele markle supp appeal docketed abele markle supp appeal docketed doe bolton supp nd appeal decided today post doe scott supp nd appeal docketed poe menghini supp ywca kugler supp nj babbitz mccann supp ed appeal dismissed people belous cal cert denied state barquet others sustained state statutes crossen attorney general supp ed appeal docketed rosen louisiana state board medical examiners supp ed la appeal docketed corkey edwards supp wdnc appeal docketed steinberg brown supp nd ohio doe rampton utah appeal docketed cheaney state ind spears state miss state munson appeal docketed although results divided courts agreed right privacy however based broad enough cover abortion decision right nonetheless absolute subject limitations point state interests protection health medical standards prenatal life become dominant agree approach certain fundamental rights involved held regulation limiting rights may justified compelling state interest kramer union free school district shapiro thompson sherbert verner legislative enactments must narrowly drawn express legitimate state interests stake griswold connecticut aptheker secretary state cantwell connecticut see eisenstadt baird white concurring result recent abortion cases cited courts recognized principles striking state laws generally scrutinized state interests protecting health potential life concluded neither interest justified broad limitations reasons physician pregnant patient might decide abortion early stages pregnancy courts sustaining state laws held state determinations protect health prenatal life dominant constitutionally justifiable ix district held appellee failed meet burden demonstrating texas statute infringement upon roe rights necessary support compelling state interest although appellee presented several compelling justifications state presence area abortions statutes outstripped justifications swept far beyond areas compelling state interest appellant appellee contest holding appellant indicated claims absolute right bars state imposition criminal penalties area appellee argues state determination recognize protect prenatal life conception constitutes compelling state interest noted agree fully either formulation appellee certain amici argue fetus person within language meaning fourteenth amendment support outline length detail facts fetal development suggestion personhood established appellant case course collapses fetus right life guaranteed specifically amendment appellant conceded much reargument hand appellee conceded reargument case cited holds fetus person within meaning fourteenth amendment constitution define person many words section fourteenth amendment contains three references person first defining citizens speaks persons born naturalized word also appears due process clause equal protection clause person used places constitution listing qualifications representatives senators art cl cl apportionment clause art cl migration importation provision art cl emolument clause art cl electors provisions art ii cl superseded cl provision outlining qualifications office president art ii cl extradition provisions art iv cl superseded fugitive slave clause fifth twelfth amendments well fourteenth amendment nearly instances use word application postnatally none indicates assurance possible application together observation supra throughout major portion century prevailing legal abortion practices far freer today persuades us word person used fourteenth amendment include unborn accord results reached cases issue squarely presented mcgarvey hospital supp wd byrn new york city health hospitals appeal docketed abele markle supp appeal docketed cf cheaney state montana rogers aff sub nom montana kennedy keeler superior cal state dickinson ohio indeed decision vuitch inferentially effect indulged statutory interpretation favorable abortion specified circumstances necessary consequence termination life entitled fourteenth amendment protection conclusion however fully answer contentions raised texas pass considerations pregnant woman isolated privacy carries embryo later fetus one accepts medical definitions developing young human uterus see dorland illustrated medical dictionary ed situation therefore inherently different marital intimacy bedroom possession obscene material marriage procreation education eisenstadt griswold stanley loving skinner pierce meyer respectively concerned intimated reasonable appropriate state decide point time another interest health mother potential human life becomes significantly involved woman privacy longer sole right privacy possesses must measured accordingly texas urges apart fourteenth amendment life begins conception present throughout pregnancy therefore state compelling interest protecting life conception need resolve difficult question life begins trained respective disciplines medicine philosophy theology unable arrive consensus judiciary point development man knowledge position speculate answer sufficient note briefly wide divergence thinking sensitive difficult question always strong support view life begin live birth belief stoics appears predominant though unanimous attitude jewish faith may taken represent also position large segment protestant community insofar ascertained organized groups taken formal position abortion issue generally regarded abortion matter conscience individual family noted common law found greater significance quickening physicians scientific colleagues regarded event less interest tended focus either upon conception upon live birth upon interim point fetus becomes viable potentially able live outside mother womb albeit artificial aid viability usually placed seven months weeks may occur earlier even weeks aristotelian theory mediate animation held sway throughout middle ages renaissance europe continued official roman catholic dogma century despite opposition ensoulment theory church recognize existence life moment conception latter course official belief catholic church one brief amicus discloses view strongly held many well many physicians substantial problems precise definition view posed however new embryological data purport indicate conception process time rather event new medical techniques menstrual extraction pill implantation embryos artificial insemination even artificial wombs areas criminal abortion law reluctant endorse theory life recognize begins live birth accord legal rights unborn except narrowly defined situations except rights contingent upon live birth example traditional rule tort law denied recovery prenatal injuries even though child born alive rule changed almost every jurisdiction recovery said permitted fetus viable least quick injuries sustained though courts squarely held recent development generally opposed commentators permit parents stillborn child maintain action wrongful death prenatal injuries action however appear one vindicate parents interest thus consistent view fetus represents potentiality life similarly unborn children recognized acquiring rights interests way inheritance devolution property represented guardians ad litem perfection interests involved generally contingent upon live birth short unborn never recognized law persons whole sense view agree adopting one theory life texas may override rights pregnant woman stake repeat however state important legitimate interest preserving protecting health pregnant woman whether resident state nonresident seeks medical consultation treatment still another important legitimate interest protecting potentiality human life interests separate distinct grows substantiality woman approaches term point pregnancy becomes compelling respect state important legitimate interest health mother compelling point light present medical knowledge approximately end first trimester medical fact referred end first trimester mortality abortion may less mortality normal childbirth follows point state may regulate abortion procedure extent regulation reasonably relates preservation protection maternal health examples permissible state regulation area requirements qualifications person perform abortion licensure person facility procedure performed whether must hospital may clinic place status licensing facility like means hand period pregnancy prior compelling point attending physician consultation patient free determine without regulation state medical judgment patient pregnancy terminated decision reached judgment may effectuated abortion free interference state respect state important legitimate interest potential life compelling point viability fetus presumably capability meaningful life outside mother womb state regulation protective fetal life viability thus logical biological justifications state interested protecting fetal life viability may go far proscribe abortion period except necessary preserve life health mother measured standards art texas penal code restricting legal abortions procured attempted medical advice purpose saving life mother sweeps broadly statute makes distinction abortions performed early pregnancy performed later limits single reason saving mother life legal justification procedure statute therefore survive constitutional attack made upon conclusion makes unnecessary us consider additional challenge texas statute asserted grounds vagueness see vuitch xi summarize repeat state criminal abortion statute current texas type excepts criminality procedure behalf mother without regard pregnancy stage without recognition interests involved violative due process clause fourteenth amendment stage prior approximately end first trimester abortion decision effectuation must left medical judgment pregnant woman attending physician stage subsequent approximately end first trimester state promoting interest health mother may chooses regulate abortion procedure ways reasonably related maternal health stage subsequent viability state promoting interest potentiality human life may chooses regulate even proscribe abortion except necessary appropriate medical judgment preservation life health mother state may define term physician employed preceding paragraphs part xi opinion mean physician currently licensed state may proscribe abortion person physician defined doe bolton post procedural requirements contained one modern abortion statutes considered opinion one course read together holding feel consistent relative weights respective interests involved lessons examples medical legal history lenity common law demands profound problems present day decision leaves state free place increasing restrictions abortion period pregnancy lengthens long restrictions tailored recognized state interests decision vindicates right physician administer medical treatment according professional judgment points important state interests provide compelling justifications intervention points abortion decision aspects inherently primarily medical decision basic responsibility must rest physician individual practitioner abuses privilege exercising proper medical judgment usual remedies judicial available xii conclusion art unconstitutional means course texas abortion statutes unit must fall exception art struck separately state left statute proscribing abortion procedures matter medically urgent case although district granted appellant roe declaratory relief stopped short issuing injunction enforcement texas statutes recognized different considerations enter federal decision declaratory relief one hand injunctive relief zwickler koota dombrowski pfister dealing statute face appears abridge free expression area particular concern dombrowski refined younger harris find unnecessary decide whether district erred withholding injunctive relief assume texas prosecutorial authorities give full credence decision present criminal abortion statutes state unconstitutional judgment district intervenor hallford reversed hallford complaint intervention dismissed respects judgment district affirmed costs allowed appellee ordered concurring opinion justice douglas see post dissenting opinion justice white see post footnotes person shall designedly administer pregnant woman knowingly procure administered consent drug medicine shall use towards violence means whatever externally internally applied thereby procure abortion shall confined penitentiary less two five years done without consent punishment shall doubled abortion meant life fetus embryo shall destroyed woman womb premature birth thereof caused art furnishing means whoever furnishes means procuring abortion knowing purpose intended guilty accomplice art attempt abortion means used shall fail produce abortion offender nevertheless guilty attempt produce abortion provided shown means calculated produce result shall fined less one hundred one thousand dollars art murder producing abortion death mother occasioned abortion produced attempt effect murder art medical advice nothing chapter applies abortion procured attempted medical advice purpose saving life mother art destroying unborn child whoever shall parturition mother destroy vitality life child state born actual birth child otherwise born alive shall confined penitentiary life less five years rev stat ann pub act may special session leg serv stat rev unborn child idaho code rev ind code iowa code rev stat la rev stat loss medical license see supp containing exception life mother criminal statute rev stat tit mass laws using term unlawfully construed exclude abortion save mother life kudish bd registration mass comp laws stat mo rev stat mont rev codes ann neb rev stat rev stat rev stat ann stat ann without lawful justification cent code ohio rev code ann stat tit supp stat tit unlawful laws ann comp laws ann code ann utah code ann stat tit code ann stat wyo stat ann long ago suggestion made texas statutes unconstitutionally vague definitional deficiencies texas criminal appeals disposed suggestion peremptorily saying also insisted motion arrest judgment statute unconstitutional void sufficiently define describe offense abortion concur respect question jackson state tex cr thompson observed issue burden proof exemption art us see veevers state tex cr cf vuitch name pseudonym names pseudonyms appellee twice brief hearing district held july brief appellee docket entries app transcript app reveal error july date appears time reporter transcription see app need consider different result follow hallford intervention behalf class complaint intervention purport assert class suit makes reference class apart allegation others similarly situated must necessarily guess meaning art application leave intervene goes somewhat asserts plaintiff roe adequately protect interest doctor class people physicians class people patients leave application however complaint despite district statement contrary fail perceive essentials class suit hallford complaint castiglioni history medicine ed krumbhaar translator editor hereinafter castiglioni ricci genealogy gynaecology ed hereinafter ricci lader abortion hereinafter lader niswander medical abortion practices abortion law smith ed williams sanctity life criminal law hereinafter williams noonan almost absolute value history morality abortion noonan ed hereinafter noonan quay justifiable abortion medical legal foundations pt geo hereinafter quay edelstein hippocratic oath hereinafter edelstein see castiglioni edelstein ricci noonan edelstein castiglioni edelstein lader edelstein dorland illustrated medical dictionary ed coke institutes iii hawkins pleas crown ed blackstone commentaries hale pleas crown amer ed discussions role quickening concept english common law see lader noonan means law new york concerning abortion status foetus case cessation constitutionality pt hereinafter means stern abortion reform law crim hereinafter stern quay williams early philosophers believed embryo fetus become formed begin live least days conception male days female see example aristotle hist anim anim hippocrates lib de nat aristotle thinking derived theory life vegetable animal rational vegetable stage reached conception animal animation rational soon live birth theory together day view came accepted early christian thinkers theological debate reflected writings augustine made distinction embryo inanimatus yet endowed soul embryo animatus may drawn upon exodus one point however expressed view human powers determine point fetal development critical change occurs see augustine de origine animae pub law see also reany creation human soul huser crime abortion canon law catholic univ america canon law studies washington galen three treatises related embryology accepted thinking aristotle followers quay later augustine abortion incorporated gratian decretum published decretum magistri gratiani corpus juris canonici friedburg ed decretal decretals followed recognized definitive body canon law new code discussions treatment see means pp noonan quay see also noonan contraception history treatment catholic theologians canonists bracton took position abortion blow poison homicide foetus already formed animated particularly animated bracton de legibus et consuetudinibus angliae twiss ed later translation puts foetus already formed quickened especially quickened bracton laws customs england thorne ed see quay see also fleta book selden society ed coke institutes iii blackstone commentaries means phoenix abortional freedom penumbral right arise legislative ashes liberty hereinafter means ii author examines two principal precedents cited marginally coke contrary dictum traces treatment cases earlier commentators concludes coke participated advocate abortion case may intentionally misstated law author even suggests reason coke strong feelings abortion coupled determination assert secular jurisdiction assess penalties offense traditionally exclusively ecclesiastical crime see also lader notes scholars doubt common law ever applied abortion english ecclesiastical courts seem lost interest problem preamble english legislation geo referred text infra adequate means hitherto provided prevention punishment offenses commonwealth bangs mass commonwealth parker mass metc state cooper abrams foshee iowa smith gaffard mitchell commonwealth eggart state state alcorn idaho edwards state neb gray state tex cr miller bennett contra mills commonwealth state slagle see smith state evans people lamb state md conn tit pub acts rev pt tit art tit act set forth gammel laws texas see grigsby reib tex early statutes discussed quay see also lader stern means ii criminal abortion statutes effect together historical statutory development important judicial interpretations state statutes cited quoted quay see comment survey present statutory case law abortion contradictions problems classifying abortion statutes listing permitting abortion necessary save preserve mother life code tit code ann mass laws stat ann stat tit fourteen adopted form ali statute see ark stat ann supp health safety code supp rev stat ann cum supp del code tit supp florida law apr sess law pp code stat ann supp md ann code art miss code ann supp stat ann stat supp rev stat code ann supp code ann supp justice clark described led way religion morality abortion constitutional appraisal loyola rev end four repealed criminal penalties abortions performed early pregnancy licensed physician subject stated procedural health requirements alaska stat haw rev stat supp penal code subd supp rev code supp precise status criminal abortion laws made unclear recent decisions state federal courts striking existing state laws whole part whereas abortion like medical procedure performed contrary best interests patient since good medical practice requires due consideration patient welfare mere acquiescence patient demand whereas standards sound clinical judgment together informed patient consent determinative according merits individual case therefore resolved abortion medical procedure performed duly licensed physician surgeon accredited hospital acting consultation two physicians chosen professional competency conformance standards good medical practice medical practice act state resolved physician professional personnel shall compelled perform act violates good medical judgment neither physician hospital hospital personnel shall required perform act violative moral principles circumstances good medical practice requires physician professional personnel withdraw case long withdrawal consistent good medical practice proceedings ama house delegates june principles medical ethics ama prohibit physician performing abortion performed accordance good medical practice circumstances violate laws community practices matter abortions medical procedure judicial council becomes involved whenever alleged violation principles medical ethics established house delegates uniform abortion act section abortion defined authorized abortion means termination human pregnancy intention produce live birth remove dead fetus abortion may performed state performed physician licensed practice medicine osteopathy state physician practicing medicine osteopathy employ government state abortion performed physician office medical clinic hospital approved department health operated state department agency political subdivision either female upon upon advice physician within weeks commencement pregnancy weeks physician reasonable cause believe substantial risk continuance pregnancy endanger life mother gravely impair physical mental health mother ii child born grave physical mental defect iii pregnancy resulted rape incest illicit intercourse girl age years section penalty person performs procures abortion authorized act guilty felony upon conviction thereof may sentenced pay fine exceeding imprisonment state penitentiary exceeding years section uniformity interpretation act shall construed effectuate general purpose make uniform law respect subject act among enact section short title act may cited uniform abortion act section severability provision act application thereof person circumstance held invalid invalidity affect provisions applications act given effect without invalid provision application end provisions act severable section repeal following acts parts acts repealed section time taking effect act shall take effect act based largely upon new york abortion act following review recent laws abortion several upon recognition liberal trend laws subject recognition given also several decisions state federal courts show trend toward liberalization abortion laws especially first trimester pregnancy recognizing number problems appeared new york shorter time period unlimited abortions advisable time period bracketed permit various insert figure keeping different conditions might exist among likewise language limiting place places abortions may performed also bracketed account different conditions among addition limitations abortions initial unlimited period placed brackets individual may adopt reasons place restrictions upon abortions initial period act contain provision relating medical review committees prohibitions sanctions imposed upon medical personnel refusing participate abortions religious similar reasons like provisions related directly pertain abortions may performed however act drafted exclude provision state wishing enact see example ywca kugler supp abele markle supp newman concurring result appeal docketed walsingham state ervin concurring state gedicke means ii see haagensen lloyd hundred years medicine potts postconceptive control fertility england wales abortion mortality morbidity mortality june dept hew public health service new york city tietze therapeutic abortions studies family planning tietze mortality contraception induced abortion studies family planning japan czechoslovakia hungary tietze lehfeldt legal abortion eastern europe april sources discussed lader see brief amicus national right life committee drinan inviolability right born abortion law smith ed louisell abortion practice medicine due process law rev noonan see abele markle supp appeal docketed see discussions means means ii see state murphy watson state tex app moore state tex cr shaw state tex cr fondren state tex cr gray state tex cr immunity texas father married mother hammett state tex cr thompson state crim app tex appeal docketed see smith state vince short discussion modern law issue contained comment ali model penal code nn tent draft tr oral rearg tr oral rearg aware taking census clause fetus ever counted texas urges fetus entitled fourteenth amendment protection person faces dilemma neither texas state abortions prohibited despite broad proscription exception always exists exception contained art abortion procured attempted medical advice purpose saving life mother typical fetus person deprived life without due process law mother condition sole determinant texas exception appear line amendment command inconsistencies fourteenth amendment status typical abortion statute already pointed supra texas woman principal accomplice respect abortion upon fetus person woman principal accomplice penalty criminal abortion specified art significantly less maximum penalty murder prescribed art texas penal code fetus person may penalties different cf wisconsin abortion statute defining unborn child mean human time conception born alive stat new connecticut statute pub act may special session declaring public policy state legislative intent protect preserve human life moment conception edelstein lader feldman birth control jewish law stricter view see jakobovits jewish views abortion abortion law smith ed amicus brief american ethical union et al position national council churches denominations see lader hellman pritchard williams obstetrics ed dorland illustrated medical dictionary ed hellman pritchard supra discussions development roman catholic position see callahan abortion law choice morality noonan see brodie new biology prenatal child family gorney new biology future man rev note criminal law abortion pill methods law rev taylor biological time bomb rosenfeld second genesis smith test tube darkly artificial insemination law rev note artificial insemination law prosser law torts ed harper james law torts note harv rev see cases cited prosser supra annotation action death unborn child prosser supra note law unborn child legal logical inconsistencies notre dame law louisell abortion practice medicine due process law rev note iowa rev note law unborn child notre dame law neither opinion doe bolton post discuss father rights exist constitutional context abortion decision paternal right asserted either cases texas georgia statutes face take cognizance father aware statutes recognize father certain circumstances north carolina example stat supp requires written permission abortion husband woman married minor less years age woman unmarried minor written permission parents required need decide whether provisions kind constitutional justice stewart concurring ferguson skrupa purported sound death knell doctrine substantive due process doctrine many state laws past held violate fourteenth amendment justice black opinion skrupa put returned original constitutional proposition courts substitute social economic beliefs judgment legislative bodies elected pass laws barely two years later griswold connecticut held connecticut birth control law unconstitutional view recently said skrupa opinion griswold understandably best avoid reliance due process clause fourteenth amendment ground decision yet connecticut law violate provision bill rights specific provision constitution clear equally clear griswold decision rationally understood holding connecticut statute substantively invaded liberty protected due process clause fourteenth amendment understood griswold stands one long line cases decided doctrine substantive due process accept constitution free people doubt meaning liberty must broad indeed board regents roth constitution nowhere mentions specific right personal choice matters marriage family life liberty protected due process clause fourteenth amendment covers freedoms explicitly named bill rights see schware board bar examiners pierce society sisters meyer nebraska cf shapiro thompson guest carrington rash aptheker secretary state kent dulles bolling sharpe truax raich several decisions make clear freedom personal choice matters marriage family life one liberties protected due process clause fourteenth amendment loving virginia griswold connecticut supra pierce society sisters supra meyer nebraska supra see also prince massachusetts skinner oklahoma recently last term eisenstadt baird recognized right individual married single free unwarranted governmental intrusion matters fundamentally affecting person decision whether bear beget child right necessarily includes right woman decide whether terminate pregnancy certainly interests woman giving physical emotional self pregnancy interests affected throughout life birth raising child far greater degree significance personal intimacy right send child private school protected pierce society sisters right teach foreign language protected meyer nebraska abele markle supp clearly therefore today correct holding right asserted jane roe embraced within personal liberty protected due process clause fourteenth amendment evident texas abortion statute infringes right directly indeed difficult imagine complete abridgment constitutional freedom worked inflexible criminal statute force texas question becomes whether state interests advanced justify abridgment survive particularly careful scrutiny fourteenth amendment requires asserted state interests protection health safety pregnant woman protection potential future human life within legitimate objectives amply sufficient permit state regulate abortions surgical procedures perhaps sufficient permit state regulate abortions stringently even prohibit late stages pregnancy legislation us think today thoroughly demonstrated state interests constitutionally support broad abridgment personal liberty worked existing texas law accordingly join opinion holding law invalid due process clause fourteenth amendment justice harlan failed join opinion constitutional right privacy fourth amendment protects individual privacy certain kinds governmental intrusion protections go often nothing privacy provisions constitution protect personal privacy forms governmental invasion protection person general right privacy right let alone people like protection property life left largely law individual katz footnotes omitted also clear justice black dissenting opinion justice harlan opinion concurring judgment justice white opinion concurring judgment see also justice harlan thorough thoughtful opinion dissenting dismissal appeal poe ullman justice rehnquist dissenting opinion brings decision troubling question extensive historical fact wealth legal scholarship opinion thus commands respect find nonetheless fundamental disagreement parts invalidate texas statute question therefore dissent opinion decides state may impose virtually restriction performance abortions first trimester pregnancy previous decisions indicate necessary predicate opinion plaintiff first trimester pregnancy time pendency party may vindicate constitutional rights may seek vindication rights others moose lodge irvis sierra club morton statement facts case makes clear however record way indicates presence plaintiff know plaintiff roe time filing complaint pregnant woman aught appears record may last trimester pregnancy date complaint filed nothing opinion indicates texas might constitutionally apply proscription abortion written woman stage pregnancy nonetheless uses complaint texas statute fulcrum deciding may impose virtually restrictions medical abortions performed first trimester pregnancy deciding hypothetical lawsuit departs longstanding admonition never formulate rule constitutional law broader required precise facts applied liverpool new york philadelphia commissioners emigration see also ashwander tva brandeis concurring ii even plaintiff case capable litigating issue decides reach conclusion opposite reached difficulty concluding right privacy involved case texas statute challenged bars performance medical abortion licensed physician plaintiff roe transaction resulting operation private ordinary usage word privacy finds even distant relative freedom searches seizures protected fourth amendment constitution referred embodying right privacy katz means term privacy claim person free unwanted state regulation consensual transactions may form liberty protected fourteenth amendment doubt similar claims upheld earlier decisions basis liberty agree statement justice stewart concurring opinion liberty deprivation without due process fourteenth amendment protects embraces rights found bill rights liberty guaranteed absolutely deprivation deprivation without due process law test traditionally applied area social economic legislation whether law challenged rational relation valid state objective williamson lee optical due process clause fourteenth amendment undoubtedly place limit albeit broad one legislative power enact laws texas statute prohibit abortion even mother life jeopardy little doubt statute lack rational relation valid state objective test stated williamson supra sweeping invalidation restrictions abortion first trimester impossible justify standard conscious weighing competing factors opinion apparently substitutes established test far appropriate legislative judgment judicial one eschews history fourteenth amendment reliance compelling state interest test see weber aetna casualty surety dissenting opinion adds new wrinkle test transposing legal considerations associated equal protection clause fourteenth amendment case arising due process clause fourteenth amendment unless misapprehend consequences transplanting compelling state interest test opinion accomplish seemingly impossible feat leaving area law confused found opinion quotes dissent justice holmes lochner new york result reaches closely attuned majority opinion justice peckham case lochner similar cases applying substantive due process standards economic social welfare legislation adoption compelling state interest standard inevitably require examine legislative policies pass wisdom policies process deciding whether particular state interest put forward may may compelling decision break pregnancy three distinct terms outline permissible restrictions state may impose one example partakes judicial legislation determination intent drafters fourteenth amendment fact majority reflecting majority sentiment restrictions abortions least century strong indication seems asserted right abortion rooted traditions conscience people ranked fundamental snyder massachusetts even today society views abortion changing existence debate evidence right abortion universally accepted appellant us believe reach result necessarily find within scope fourteenth amendment right apparently completely unknown drafters amendment early first state law dealing directly abortion enacted connecticut legislature conn tit time adoption fourteenth amendment least laws enacted state territorial legislatures limiting abortion many amended updated laws laws books remain effect today indeed texas statute struck today majority notes first enacted remained substantially unchanged present time ante apparently question concerning validity provision state statutes fourteenth amendment adopted conclusion possible history drafters intend fourteenth amendment withdraw power legislate respect matter iii even one agree case decides enunciation substantive constitutional law opinion proper actual disposition case still difficult justify texas statute struck toto even though apparently concedes later periods pregnancy texas might impose selfsame statutory limitations abortion understanding past practice statute found invalid applied particular plaintiff unconstitutional whole simply struck instead declared unconstitutional applied fact situation yick wo hopkins street new york foregoing reasons respectfully dissent jurisdictions enacted abortion laws prior adoption fourteenth amendment alabama acts arizona howell code arkansas ark rev div iii art ii california cal sess laws colorado terr laws terr pp connecticut conn tit statute replaced another abortion law pub acts florida acts subc subc amended stat ann georgia ga pen code kingdom hawaii hawaii pen code idaho terr idaho terr laws crimes punishments pp illinois rev criminal code pp statute replaced subsequent enactment pub laws indiana ind rev stat statute superseded subsequent enactment ind laws lxxxi iowa terr iowa terr statute superseded subsequent enactment iowa terr rev kansas terr kan terr statute superseded subsequent enactment kan terr laws louisiana la rev crimes offenses maine rev maryland md laws massachusetts mass acts resolves michigan rev minnesota terr minn terr rev mississippi miss code missouri mo rev art ii pp montana terr mont terr laws criminal practice acts nevada terr nev terr laws new hampshire laws new jersey laws new york rev pt tit pp statute superseded laws pp laws ohio ohio stat oregon laws crim code pennsylvania laws texas tex stat vii arts oldham white vermont acts statute amended acts virginia acts tit ii washington terr wash terr ii west virginia see va tit ii va art xi par wisconsin rev statute superseded rev abortion laws effect still applicable august arizona connecticut florida idaho indiana iowa maine massachusetts michigan minnesota missouri montana nevada new hampshire new jersey ohio pennsylvania texas vermont west virginia wisconsin