Harry Blackmun replied to Powell five days later in a previously unquo — Roe v. Wade

"There is a second and even more significant difficulty with the judicial activism claim. It is true that there is a sense in which Roe rests on a contested moral premise. It is not true, however, that the Roe Court made this moral judgment for the entire country. Rather, the central holding of Roe is that the judgment should be made by individual women and by their doctors. It is in that sense that the judicial activism claim misfires. An analogy to religious liberty may make the point more clearly. In contemporary America, there is moral disagreement about the nature of God. If we were to settle this debate collectively and choose an established religion for everyone, I suppose that it would be better for the legislature rather than the Court to choose the religion. But, of course, the matter should not be settled collectively. It is better to allow each person to decide the question for himself instead of imposing either a judicial or a legislative collective decision on everyone. When the Supreme Court enforces the religious liberty clauses of the first amendment, it is not deciding a moral question about the nature of God. Instead, it is allowing individuals to decide the question for themselves. Similarly, if we were to make a collective decision about abortion, the decision should be made democratically through the political process, and it would be indefensible judicial activism for the Court to impose its views on everyone else. But it does not follow that the decision ought to be made collectively. When the Supreme Court decided Roe v. Wade, it was not making a moral judgment about abortion for everyone any more than it decides the truth of different religions for everyone when it enforces the free exercise clause. Instead, the Roe Court opted for individual decision making about the nature of God when it enforces the first amendment."

"[W]hether or not there was any record, Weddington’s arguments made a definite impact. After seventeen minutes of the first argument in Roe, with only a few minor questions to Weddington, Justice Stewart broke in to ask a question and prefaced it by saying, “so far on the merits, you’ve told us about the important impact of this law, and you made a very eloquent policy argument against” the Texas law. This may have been the most important moment in the first round of arguments, perhaps in both rounds."

"Within hours after the decision was announced, District Attorney Henry Wade called a press conference at which he rather jubilantly announced: “Apparently, we’re still free to try them, so we’ll do just that.” He was referring to the fact that the Fifth Circuit Court had refused Coffee and Weddington’s request for an injunction ordering him to stop enforcing the abortion law. In effect, Wade was issuing an open invitation to the Dallas Country police to crack down on illegal abortion. Furthermore, the example set by his office would be followed by district attorneys across the state of Texas. The next day, Texas Attorney General Crawford Martin held a press conference in Austin to announce that the state would appeal the Dallas decision. In a way, Martin’s reaction was more understandable than Wade’s. The attorney general ‘s office at least had built its case around its moral opposition to abortion; Wade’s reaction appeared to have more to do with protecting his image as a tough law enforcer than anything else since, like law enforcement officials across the country, he had been less than diligent for years about enforcing the abortion law. About a year earlier, though the situation had changed when a federal judge had overturned the Washington, D.C., abortion law, and the nation’s capital had become an abortion capital overnight, providing abortions not only to women who lived in the district, but also to women from all over the country. District Attorney Wade had no intention of letting that happen on his turf."

"While amici contend that to receive proper medical care in the form of an abortion approved and performed by a physician is, by itself, a fundamental interest protected by the Constitution, it is not necessary for abortion to be declared a constitutional right to hold that its discriminatory denial violates guarantees of equal protection. The State of Texas has prohibited all abortions except for “the purpose of saving the mother’s life.” On its face, this permits treatment in the case of all women whose lives are similarly endangered, and excludes from treatment all others."

"Today, this country’s population has moved far beyond its needed growth, and current government policy is to encourage population control. Anti-abortion laws have outlived their purpose if regarded in historical perspective. Rights of the individual pregnant woman can no longer be ignored. The Thirteenth Amendment’s promise of freedom has long provided to male citizens the sovereign control of their own bodies."

"On another level as well, abortion is a safe procedure: it is without clinically significant psychiatric sequelae. A number of recent studies confirm that abortion does not produce serious psychological side-effects damaging to the mental wellbeing of the patient."