"Speaking of Roe- fails to even consider what I would suppose to be the most compelling interest of the State in prohibiting abortion, the interest in maintaining that respect for the paramount sanctity of human life which has always been at the center of western civilization, not merely by guarding life itself, however defined, but by safeguarding the penumbra, whether at the beginning through some overwhelming disability of mind or body, or at death * * * For one concerned with the proper role of the Supreme Court in American Government, and more particularly with the debate over judicial activism, the abortion cases have threefold significance. First, the decisions plainly continue the activist reforming trend of the Western Court. They are reforming in the sense that they sweep away established law supported by the moral themes dominant in American life for more than a century in favor of what the Court takes to be the wiser view of a question under active public debate. Second, the justices read into the generalities of the due process clause of the 14th amendment a new “fundamental right” not remotely suggested by the words. Because they found that right to be “fundamental” the justices felt no duty to deter to the value judgments of the people’s elected representatives, current as well as past. They applied the strict standard of review applicable to repression of political liberties."
January 1, 1970