It is my view, therefore, that the Texas statute is not constitutionally infirm because it denies abortions to those who seek to serve only their convenience, rather than to protect their life or health. MR. JUSTICE BLACKMUN delivered the opinion of the Court.

At the heart of the controversy in these cases are those recurring pregnancies that pose no danger whatsoever to the life or health of the mother but are, nevertheless, unwanted for any one or more of a variety of reasons — convenience, family planning, economics, dislike of children, the embarrassment of illegitimacy, etc. )—Idaho (Terr.) By 1868, this statute had been superseded by a subsequent enactment. Mississippi—Miss. My understanding of past practice is that a statute found to be invalid as applied to a particular plaintiff, but not unconstitutional as a whole, is not simply "struck down" but is, instead, declared unconstitutional as applied to the fact situation before the Court. Laws, c. LXXXI, § 2 (1859).13. Pennsylvania—Pa. I would reverse the judgment of the District Court in the Georgia case.

Code, c. 12, §§ 1, 2, 3 (1850).10. Acts., Tit. Ind. Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman's liberty to choose to have an abortion without excessive government restriction. Roe v. Wade. Unless I misapprehend the consequences of this transplanting of the "compelling state interest test," the Court's opinion will accomplish the seemingly impossible feat of leaving this area of the law more confused than it found it.While the Court's opinion quotes from the dissent of Mr. Justice Holmes in Lochner v. New York, 198 U.S. 45, 74 (1905), the result it reaches is more closely attuned to the majority opinion of Mr. Justice Peckham in that case. (Terr.) West Virginia—See Va. Stat., c. 100, §§ 10, 11, p. 493 (1851).21.
The common claim before us is that, for any one of such reasons, or for no reason at all, and without asserting or claiming any threat to life or health, any woman is entitled to an abortion at her request if she is able to find a medical advisor willing to undertake the procedure. Rev. By 1868, this statute had been amended. Nor is the "privac… This issue, for the most part, should be left with the people and to the political processes the people have devised to govern their affairs. XI, par. Stat., c. 44, div. 57, §§ 1, 3 (1867).33. Decided January 22, 1973. But the Court's sweeping invalidation of any restrictions on abortion during the first trimester is impossible to justify under that standard, and the conscious weighing of competing factors that the Court's opinion apparently substitutes for the established test is far more appropriate to a legislative judgment than to a judicial one.The Court eschews the history of the Fourteenth Amendment in its reliance on the "compelling state interest" test.

In deciding such a hypothetical lawsuit, the Court departs from the longstanding admonition that it should never "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied." §§ 111 (1), 112 (2), p. 252 (1841).29.

Montana (Terr.)—Mont. Katz v. United States, 389 U.S. 347 (1967).If the Court means by the term "privacy" no more than that the claim of a person to be free from unwanted state regulation of consensual transactions may be a form of "liberty" protected by the Fourteenth Amendment, there is no doubt that similar claims have been upheld in our earlier decisions on the basis of that liberty. Moose Lodge v. Irvis, 407 U.S. 163 (1972); Sierra Club v. Morton, 405 U.S. 727 (1972). The Court simply fashions and announces a new constitutional right for pregnant mothers [410 U.S. 222] and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. Stat., c. 164, §§ 10, 11; c. 169, §§ 58, 59 (1858).Abortion laws in effect in 1868 and still applicable as of August 1970:There apparently was no question concerning the validity of this provision or of any of the other state statutes when the Fourteenth Amendment was adopted.

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