"Brennan sent Blackmun a strong memo on May 18 pressing him to decide “the ore constitutional question” and “dispose of both cases on the ground supported by the majority” with no reargument: My recollection of the voting on this and the Georgia case was that a majority of us felt that the Constitution required the invalidation of abortion statutes save to the extent they required that an abortion be performed by a licensed physician within some time limit after conception. I think essentially this was the view shared by Bill [Douglas], Potter, Thurgood and me. My notes also indicate that you might support this view at least in the Texas case."
January 1, 1970