"Justice White distributed a brief dissent on Monday, May 29, that effectively demolished Justice Blackmun’s May 18 draft opinion that the Texas statute was “unconstitutionally vague.” White wrote: If a standard which refers to the “health” of the mother, a referent which necessarily entails the resolution of perplexing questions about the interrelationship of physical, emotional, and mental well-being, is not impermissibly vague [as the Court’s Vuitch decision held], a statutory standard which focuses only on “saving the life” of the mother would appear to be a fortiori acceptable. The Court’s observation that “whether a particular operation is necessary for a patient’s physical or mental health is a judgment that physicians are obviously called upon to make routinely whenever surgery is considered,” [Vuitch] 402 U.S., at 72 (footnote omitted), is particularly [sic] applicable to medical decisions as to when the life of a mother is endangered, since the relevant factors in the latter situation are less numerous and are primarily physiological. White’s dissent raised key questions that were not covered in the record, and were not explored in the December 1971 arguments-or in the October 1972 rearguments, for that matter."
January 1, 1970