But then the Roe decision came, and "it wasn't a theory anymore.
Thus if the state takes no action, the Roe decision permits abortion throughout the pregnancy.
That particular holding appears on page 158 of the volume in which the Roe decision was published.
She also accused the House of trying to undermine the Roe decision.
"I retain an open mind," he said of the Roe decision.
She thinks the same thing would have happened here if the Roe decision had not intervened in 1973.
But there is also consistent and strong support for the Roe decision.
Legal scholars, justices, and presidential candidates have criticized the Roe decision.
Only one more such Justice, he said, would almost certainly tip the balance against the 1973 Roe decision.
Both justices believe the Roe decision was wrong and should be overturned.