Virginia—Va. II, §§ 9, 10, 36, pp. Massachusetts—Mass.

A transaction resulting in an operation such as this is not "private" in the ordinary usage of that word. Kingdom of Hawaii—Hawaii Pen. As in Lochner and similar cases applying substantive due process standards to economic and social welfare legislation, the adoption of the compelling state interest standard will inevitably require this Court to examine the legislative policies and pass on the wisdom of these policies in the very process of deciding whether a particular state interest put forward may or may not be "compelling." There were two dissenting opinions by Supreme Court justices in the Roe v. Wade case. Gen. Laws of Terr. Rev. 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.

Connecticut—Conn. Texas, by the statute here challenged, bars the performance of a medical abortion by a licensed physician on a plaintiff such as Roe. Code, c. 64, §§ 8, 9, p. 958 (1848).22. Roe v. Wade. Stat., c. 100, §§ 10, 11, p. 493 (1851).21. Texas—Tex. 20, §§ 14, 16. William Rehnquist, a Nixon appointee, wrote a dissenting opinion in Roe, which argued that the majority opinion expanded the right to privacy too far and failed to recognize that Texas had a compelling state interest in regulating abortion. I agree with the statement of MR. JUSTICE STEWART in his concurring opinion that the "liberty," against deprivation of which without due process the Fourteenth Amendment protects, embraces more than the rights found in the Bill of Rights. 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. Stat., 1st Legis., 1st Sess., § 18, p. 145 (1838). I find nothing in the language or history of the Constitution to support the Court’s judgment. See also Ashwander v. TVA, 297 U.S. 288, 345 (1936) (Brandeis, J., concurring).Even if there were a plaintiff in this case capable of litigating the issue which the Court decides, I would reach a conclusion opposite to that reached by the Court. Wisconsin—Wis. Ann. While the opinion thus commands my respect, I find myself nonetheless in fundamental disagreement with those parts of it that invalidate the Texas statute in question, and therefore dissent.The Court's opinion decides that a State may impose virtually no restriction on the performance of abortions during the first trimester of pregnancy. Washington (Terr.)—Wash. 70-18. Stat., c. 133, §§ 10, 11 (1849). Laws, c. 179, § 2, p. 315 (1868).18. Dig., c. VII, Arts. Even today, when society's views on abortion are changing, the very existence of the debate is evidence that the "right" to an abortion is not so universally accepted as the appellant would have us believe.To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment.

Criminal Code §§ 40, 41, 46, pp. This January marked the fortieth anniversary of the Roe v. Wade decision that legalized abortion in the United States.

(Terr.)

By 1868, this statute had been superseded. By 1868, this statute had been superseded by a subsequent enactment. Iowa (Terr. Stat., pt. In a sensitive area such as this, involving as it does issues over which reasonable men may easily and heatedly differ, I cannot accept the Court's exercise of its clear power of choice by interposing a constitutional barrier to state efforts to protect human life and by investing mothers and doctors with the constitutionally protected right to exterminate it.

Code, 4th Div., § 20 (1833).9. Louisiana—La. §§ 1, 3, p. 224 (1838). Ind. See Weber v. Aetna Casualty & Surety Co., 406 U.S. 164, 179 (1972) (dissenting opinion).

Liverpool, New York & Philadelphia S. S. Co. v. Commissioners of Emigration, 113 U.S. 33, 39 (1885). California—Cal. Ohio—Ohio Gen. Stat. Stat., c. 44, div. Rev. 285-286 (1845); N. Y. The Court's statement of facts in this case makes clear, however, that the record in no way indicates the presence of such a plaintiff. Missouri—Mo. Mississippi—Miss. Michigan—Mich. 12-13 (1828). 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. Yick Wo v. Hopkins, 118 U.S. 356 (1886); Street v. New York, 394 U.S. 576 (1969).For all of the foregoing reasons, I respectfully dissent. With all due respect, I dissent. * Laws, c. 260, §§ 1-6, pp. Laws, c. 28, §§ 9, 10, 37 (1859).15. (Terr.) Jurisdictions having enacted abortion laws prior to the adoption of the Fourteenth Amendment in 1868:3. If the Texas statute were to prohibit an abortion even where the mother's life is in jeopardy, I have little doubt that such a statute would lack a rational relation to a valid state objective under the test stated in Williamson, supra. MR. JUSTICE WHITE, with whom MR. JUSTICE REHNQUIST joins, dissenting. Acts 1st Sess., c. 1637, subc.

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