Nothing in the Courts opinion Indicates that Texas might not constitutionally apply its proscription of abortion as written to a woman in that stage of pregnancy. Nonetheless. the Court uses her complaint against the Texas statute as a fulcrum for deciding that States may impose virtually no restrictions on medical abortions performed during the first trimester of pregnancy. In deciding such a hypothetical lawsuit the Court departs from the longstanding admonition that it should never "formulate a rule of constitutional law broader than is required by the precise facts to which it Is to be applied." Liverpool. New York and Philadelphia Steamship Co. v. Commtssioners of Emigration. 113 U.S. 33. 39 (1885). See also Ashwander v. TVA. 297 U.S. 288. 345 (1936) (Brandeis. concurring).
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Emigration