"On December 16, 1971, the seven Justices met as a group (“in Conference”) to vote in the cases. Bernard Schwartz, a historian of the Warren and Burger Courts, has said that Douglas and Brennan “led the proabortion bloc at the conference.” At least Burger, Douglas, and Brennan kept a tally, but the ote tally was unclear to Burger. Blackmun, for example, told the other Justices, referring to the Georgia statute, “Medically, this statute is perfectly workable,” that it was “a fine statute” that “strikes a balance that is fair.” If Chief Justice Burger voted with the majority, he would assign the opinion. If Burger voted with the minority, the senior Justice in the majority-which, given the vote, would have been William Douglas=would assign the opinion, as he had in Eisenstadt."
January 1, 1970