"[I]n his early notes and drafts, Blackmun, who had once been the Mayo Clinic's general counsel, saw Roe and Doe as medical discretion cases all the way. That is why he assessed the Georgia law, which subjected abortion decisions to the approval of three doctors and a hospital committee, as "a good balance of the asserted interests." It is also why he preferred to decide Roe on the grounds that the law in question was vague. His first draft rejected the Texas law as "insufficiently informative to the physician . . . who must measure its indefinite meaning at the risk of his liberty." Even after Blackmun shifted toward a privacy rationale—in Doe in May 1972, and in Roe five months later—his focus remained on the doctor. His outline of a revised Roe opinion posited, "A fundamental personal liberty is involved here—right to receive medical care." His final draft insisted that early in pregnancy, "the abortion decision in all its aspects is inherently, and primarily, a medical decision, and basic responsibility for it must rest with the physician.""
Roe v. Wade

January 1, 1970

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