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According to Blackmun, Stewart felt that the cases were a straightforward application of Younger v.Harris, and they recommended that the Court move forward as scheduled.The Boston Women's Abortion Coalition held a rally for Wheeler in Boston to raise money and awareness of her charges as well as had staff members from the Women's National Abortion Action Coalition (WONAAC) speak at the rally. Vuitch (in which they considered the constitutionality of a District of Columbia statute that criminalized abortion except where the mother's life or health was endangered).In Vuitch, the Court narrowly upheld the statute, though in doing so, it treated abortion as a medical procedure and stated that physicians must be given room to determine what constitutes a danger to (physical or mental) health.On June 17, 1970, a three-judge panel of the District Court, consisting of Northern District of Texas Judges Sarah T. and Fifth Circuit Court of Appeals Judge Irving Loeb Goldberg, unanimously declared the Texas law unconstitutional, finding that it violated the right to privacy found in the Ninth Amendment.In addition, the court relied on Justice Arthur Goldberg's 1965 concurrence in Griswold v. The court, however, declined to grant an injunction against enforcement of the law.Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy. Roe received significant criticism in the legal community, Ely added: "What is frightening about Roe is that this super-protected right is not inferable from the language of the Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation's governmental structure." Professor Laurence Tribe had similar thoughts: "One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found." According to the Court, "the restrictive criminal abortion laws in effect in a majority of States today are of relatively recent vintage." Providing a historical analysis on abortion, Justice Harry Blackmun noted that abortion was "resorted to without scruple" in Greek and Roman times.Blackmun also addressed the permissive and restrictive abortion attitudes and laws throughout history, noting the disagreements among leaders (of all different professions) in those eras and the formative laws and cases.
In May 1972, he proposed that the case be reargued. Douglas threatened to write a dissent from the reargument order (he and the other liberal justices were suspicious that Rehnquist and Powell would vote to uphold the statute), but was coaxed out of the action by his colleagues, and his dissent was merely mentioned in the reargument order without further statement or opinion.
After the Court heard the second round of arguments, Powell said he would agree with Blackmun's conclusion but pushed for Roe to be the lead of the two abortion cases being considered.
Powell also suggested that the Court strike down the Texas law on privacy grounds.
In any case, the Texas statute allowed abortion only ”for the purpose of saving the life of the mother”.
She attempted to obtain an Illegal abortion, but found that the unauthorized facility had been closed down by the police.