Roe v. Wade
Additional problems include the court acting as a legislature in dividing pregnancy into three trimesters and outlining the permissible restrictions that states may make. He pointed out that 36 of the 37 states in 1868, when the Fourteenth Amendment was passed, had laws against abortion, including Texas: "The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter."