It presented its report, 12 Trans.

In these circumstances good medical practice requires only that the physician or other professional personnel withdraw from the case so long as the withdrawal is consistent with good medical practice.' The State may define the term 'physician,' as it has been employed in the preceding paragraphs of this Part XI of this opinion, to mean only a physician currently licensed by the State, and may proscribe any abortion by a person who is not a physician as so defined. 1048, 1074 (D.C.N.J.1972); Abele v. Markle, 342 F.Supp. 262, 268 (1908). 611, 612 (1907); Gray v. State, 77 Tex.Cr.R.

For a stricter view, see I. Jakobovits, Jewish Views on Abortion, in Abortion and the Law 124 (D. Smith ed. The significance of quickening was echoed by later common law scholars, and found its way into the received common law in this country. Kan. Their claim is that, sometime in the future, Mrs. Doe might become pregnant because of possible failure of contraceptive measures, and, at that time in the future, she might want an abortion that might then be illegal under the Texas statutes.

Thus, it has been argued that a State's real concern in enacting a criminal abortion law was to protect the pregnant woman, that is, to restrain her from submitting to a procedure that placed her life in serious jeopardy.

The position of the American Medical Association.

This very phrasing of the Does' position reveals its speculative character.

", "d. A wide range of individuals from appropriately trained, sympathetic volunteers to highly skilled physicians may qualify as abortion counselors. 674, 27 L.Ed.2d 701 (1971); and Byrne v. Karalexis, 401 U.S. 216, 91 S.Ct. The statute, therefore, cannot survive the constitutional attack made upon it here. Early philosophers believed that the embryo or fetus did not become formed and begin to live until at least 40 days after conception for a male, and 80 to 90 days for a female. Each grows in substantiality as the woman approaches, term and, at a point during pregnancy, each becomes "compelling.".

The asserted state interests are protection of the health and safety of the pregnant woman, and protection of the potential future human life within her. Gen.Stat. 2, and the superseded Fugitive Slave Clause 3; and in the Fifth, Twelfth, and Twenty-second Amendments, as well as in §§ 2 and 3 of the Fourteenth Amendment. Cheaney v. State, Ind., 285 N.E.2d, at 270; Montana v. Rogers, 278 F.2d 68, 72 (CA7 1960), aff'd sub nom. These errors, which are sufficient in most instances to prevent conviction, are based, and only based, upon mistaken and exploded medical dogmas. California -- Cal.Sess.Laws, c. 99, § 45, p. 233 (1849-1850). 72-256; Rosen v. Louisiana State Board of Medical Examiners, 318 F.Supp.

We note that those federal and state courts that have recently considered abortion law challenges have reached the same conclusion.

Mississippi -- Miss.Code, c. 64, §§ 8, 9, p. 958 (1848). Accordingly, I join the Court's opinion holding that that law is invalid under the Due Process Clause of the Fourteenth Amendment. These interests are separate and distinct. Pp. This conclusion makes it unnecessary for us to consider the additional challenge to the Texas statute asserted on grounds of vagueness.

Poe v. Ullman, 367 U. S. 497, 543 (opinion dissenting from dismissal of appeal) (citations omitted). II, § 1, cl. In short, the unborn have never been recognized in the law as persons in the whole sense. Maternity, or additional offspring, may force upon the woman a distressful life and future. But they "fear . B. C.), who has been described. -- Colo. Gen.Laws of Terr. Other sources are discussed in Lader 17-23. 1972); State v. Munson, 86 S.D. (c) The Does' complaint, based as it is on contingencies, any one or more of which may not occur, is too speculative to present an actual case or controversy.

It deplored abortion and its frequency and it listed three causes of "this general demoralization": "The first of these causes is a widespread popular ignorance of the true character of the crime -- a belief, even among mothers themselves, that the foetus is not alive till after the period of quickening.