"Pro-lifers continued to argue that there was one compelling question that Eisenstadt had not addressed, one that made all the difference in the world. That question was the personhood of the fetus. If the Fifth and Fourteenth Amendments encompassed fetal life, a woman’s right to reproductive privacy could not extent to actions that would terminate the life of a fetus. During the second round of oral arguments in October 1972, Justice Byron White pressed Weddington on this essential question. “Is it critical to your case that the fetus not be a person under the due process clause?" he asked. “Would you lose your case if the fetus was a person?” The lawyers for the states of Texas and Georgia had wanted to discuss other issues, not for pro-life activists, the personhood of the fetus was the only relevant question. White was persuaded by this line of reasoning, and he wanted to see how Weddington would respond to it. Weddington tried to dodge the question, so White pressed her on it again. This time, she hedged, conceding only that if the fetus was a person, there would have to be a “balancing of interests” between the fetus and the mother, not a negation of the right to an abortion altogether. But she quickly returned to her main argument: the question was irrelevant, because the fetus was clearly not a person under the terms of the Fourteenth Amendment or any other section of the Constitution, including the due process clause of the Fifth Amendment. At most, a fetus had only “statutory rights”-that is, rights conveyed upon it by the legislative statutes of individual states. Women, by contrast, had a full “constitutional” right to an abortion grounded in the right to privacy, specified by Griswold as one of the Ninth Amendment’s implied rights. “It seems to me that you do not balance constitutional rights of one person against mere statutory rights of another, she told the Court."