"QUESTION: Is there any statute in Texas that prohibits the doctor from performing any operation other than an abortion? MR. FLOWERS I don’t – I don’t think so, sir, and there is another thrust of our argument. If we declare, as the appellees in this case have asked this Court to declare, that an embryo or a fetus is a mass of protoplasm similar to a tumor, then, of course, the State has no compelling interest whatsoever. QUESTION: But there is no – the only operation that a doctor can possibly commit that will bring on a criminal penalty is an abortion? MR. FLOWERS: Yes, sir. QUESTION: Why? MR. FLOWERS: As far as – 'QUESTION: Well, why don’t you limit some other operations? MR. FLOWERS: Because this is the only type of operation that would take another human life. QUESTION: Well, a brain operation could. MR. FLOWERS: Well, there again, that would be – I think that in every feat that a doctor performs that he is constantly making this judgment. QUESTION: Well, if a doctor performs a brain operation and doe it improperly, he could be guilty of manslaughter, couldn’t he? MR. FLOWERS: I would think so, if he was negligent. QUESTION: Well, why couldn’t you charge him with manslaughter if he commits an abortion? MR. FLOWERS: In effect, Your Honor, we did. In the statute 1195, that has been very carefully avoided all throughout these proceeding, it’s not attacked as unconstitutional, for some reason."