William O. Douglas

“ A three-judge court in evaluating a Texas statutory standard as to whether an abortion was attempted 'for the purpose of saving the life of the mother' said:
'How likely must death be? Must death be certain if the abortion is not performed? Is it enough that the woman could not undergo birth without an ascertainably higher possibility of death than would normally be the case? ”

“ People instantly take sides and the public, from whom juries are drawn, makes up its mind one way of the other before the case is even argued. The interests of the mother and the fetus are opposed. On which side should the State throw its weight? ”

“ The submission by a female to an abortional act is justifiable when she believes that it is being committed by a duly licensed physician, acting under a reasonable belief that such act is necessary to preserve her life, or, within twenty-four weeks from the commencement of her pregnancy.' And see Hall, The Truth About Abortion in New York, 13 Columbia Forum, Winter 1970, p. ”

“ Many Roman Catholics believe that the soul is a gift of God given at conception. This leads to the conclusion that aborting a pregnancy at any time amounts to the taking of a human life and is therefore against the will of God. Others, including some Catholics, believe that abortion should be legal until the baby is viable, i.e., able to support itself outside the womb. ”

“ Justice Clark recently wrote: 'Throughout history religious belief has wielded a vital influence on society's attitude regarding abortion. The religious issues involved are perhaps the most frequently debated aspects of abortion. At the center of the ecclesiastical debate is the concept of 'ensoulment' or 'personhood,' i.e., the time at which the fetus becomes a human organism. ”

“ The ban of publications made to incite insurrection was held to suffer the vice of vagueness:
'The statute, as construed and applied in the appellant's trial, does not furnish a sufficiently ascertainable standard of guilt.
'Every person who attacks existing conditions, who agitates for a change in the form of government, must take the risk that if a jury should be of opinion he ought to have foreseen that his utterances might contribute in any measure to some future forcible resistance to the existing government he may be convicted of the offense of inciting insurrection. ”

“ While I agree with Part I of the Court's opinion that we have jurisdiction over this appeal, I do not think the statute meets the requirements of procedural due process.
The District of Columbia Code makes it a felony for a physician to perform an abortion 'unless the same were done as necessary for the preservation of the mother's life or health.' D.C.Code Ann. ”

“ The issue is volatile; and it is resolved by the moral code which an individual has. That means that jurors may give it such meaning as they choose, while physicians are left to operate outside the law. ”