"Justice White’s prophecy still troubles. Is Roe a constitutional measurement, as the majority said it was, or is it raw power? With recent public access to Thurgood Marshall’s papers, we can see a little bit of what must have been the basis of Justice White’s charge. My colleague, Douglas Kmiec, as gone through those papers looking at the opinion drafts and interoffice memos in the run-up to January 22, 1973, and Kmiec testified over on the House side some months ago. His conclusion:: There is virtually no evidence of constitutional study or consideration. There is little other argument or discussion in the internal correspondence of the Roe Court touching the substance of constitutional law. So, did the Roe Court choose to recognize abortion rights based upon the predilections, pure and simple of the Justices sitting that term?"