"If Black and Harlan had remained on the Court throughout the deliberations in the abortion cases, there are strong reasons to believe they would have voted against creating a constitutional right to abortion, and left the abortion issue to the democratic process in the states. Black not only dissented in Griswold, but he also expressly rejected a right to abortion during the Justices’ discussion fo the Vuitch case in early 1971. According to Professor Jeffrey Rosen, “Black, who scorned Douglas’s whole idea of penumbras and emanations, had made clear that he opposed a constitutional right to abortion during discussions [in Vuitch].”"