Instead, she suggested, the Court should simply have overturned the law at issue, a Texas statute that outlawed nearly all abortions.

Therefore, the Texas statute was not criminalizing the condition of alcoholism alone, but instead punishing the defendant for his public behavior.

In 1908, a suggestion was made that the Texas statutes were unconstitutionally vague because of definitional deficiencies.

By a vote of 6 to 3, the court declared the Texas statute unconstitutional.

But the effort to differentiate the Federal law from the Texas statute failed.

The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.

He said the reason was that he did not think the Texas statute in question would hold up.

Most of the state laws are broader than the Texas statute and allow suits in a wider range of disputes.