first argued before the U.S. Supreme Court, Justice Harry Blackmun drafted an opinion that would have held the relevant statutes unconstitutionally vague. As noted by Hall (740), "in part because his analysis was clearly unpersuasive and in part because some justices believed that the case had been improperly assigned to Blackmun to write, the case was set for reargument." Undeterred, Blackmun spent the summer engaged in an extensive study of medical material on abortion and then circulated an opinion finding both statutes (those in Texas and in Georgia) unconstitutional on the ground that they violated a woman's right to privacy which he then located in the Due Process Clause of the Fourteenth Amendment.
Concurring with Blackmun, Justice Potter Stewart "pointed out that this invocation of substantive due process meant that the Court was enforcing a right not specifically spelled out in the Constitution" (Hall 740). Blackmun held that Roe had standing to sue and th
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