From Justice Blackmun's opinion of the court on Roe v Wade, Jan. 22, 1973:
"To summarize and to repeat:
1. A state criminal abortion statute of the current Texas type,
that excepts from criminality only a lifesaving procedure on behalf
of the mother, without regard to pregnancy stage and without recognition
of the other interests involved, is violative of the Due Process
Clause of the Fourteenth Amendment.
(a) For the stage prior to approximately the end of the first
trimester, the abortion decision and its effectuation must be
left to the medical judgment of the pregnant woman's attending
physician.
(b) For the stage subsequent to approximately the end of the first
trimester, the State, in promoting its interest in the health
of the mother, may, if it chooses, regulate the abortion procedure
in ways that are reasonably related to maternal health.
(c) For the stage subsequent to viability, the State in promoting
its interest in the potentiality of human life may, if it chooses,
regulate, and even proscribe, abortion except where it is necessary,
in appropriate medical judgment, for the preservation of the life
or health of the mother.
2. 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."
This proposed constitutional amendment would be a violation of the Due Process clause of the Fourteenth Amendment, in my view of Justice Blackburn's opinion.