Stages Of Pregnancy

While the Court’s opinion quotes from the dissent of Mr. Justice Holmes in Lochner v. New York, 198 U.S. 45, 74, 25 S.Ct. 937 , the outcome it reaches is more carefully attuned to the bulk opinion of Mr. Justice Peckham in that case. Barely who years later, in Griswold v. Connecticut, 381 U.S. 479, eighty five S.Ct. 1678, 14 L.Ed.second 510, the Court held a Connecticut contraception legislation unconstitutional. In view of what had been so recently said in Skrupa, the Court’s opinion in Griswold understandably did its greatest to avoid reliance on the Due Process Clause of the Fourteenth Amendment as the ground for decision. Our conclusion that Art. 1196 is unconstitutional means, of course, that the Texas abortion statutes, as a unit, must fall.

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