"Had Justice Blackmun applied the same criteria to the woman’s assertion of right under the Fourteenth Amendment that he applied to the claim of fetal personhood, Roe would have come out differently. Were constitutional text, precedent, and nineteenth century legislative practices (as well as anomalies forces into contemporary legislative practice) the measure of the claim, an attorney who claimed that the Constitution required abortion-on-demand would face Rule 11 sanctions. If the method of the day was to be originalism, then the unborn were sure winners. Blackmun applied no such criteria to the woman’s claim. H marshaled some cases-Skinner, Pierce, Griswold, Eisenstadt-but admitted that the abortion situation was “inherently different” due to the presence of the fetus-from all of them. Blackmun noted the distress caused by an unwanted pregnancy, but only after asserting that “this right of privacy * * * is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” The “distress” of abortion to the unborn was far greater, so much so that if recognized as a “person” with a right to life, the woman’s distress, by Justice Blackmun’s own account, would justify no abortion at all. Perhaps the only plausible interpretation of this part of Roe is that the woman’s distress caused, at least in part, the adverse treatment of the unborn. This is a tragically mistaken way to analyze the situation."