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"It's always frustrating to me, as someone who swims in these waters, when these legal issues obscure the substantive right that is underlying all of them, which is people cast a ballot for their preferred candidates in a way that is core to American governance and American democracy, and that's being obscured by whether or not abstention doctrines are appropriate," he said.

The majority specifically said that the state constitution’s “Sanctity of Life” amendment, which establishes fetal personhood, is “directly aimed at stopping courts from excluding ‘unborn life’ from legal protection” and grants a substantive right to embryos to receive full equal protection under the law.

“It isn’t a substantive right to receive the Miranda warnings themselves.”

In his draft opinion, Blackmun disposed of the Texas statute on vagueness grounds but took on the substantive right of a woman to decide to terminate her pregnancy when analyzing the Georgia statute.

“The proposed regulations minimize the substantive right that employees be given time to improve their performance, and they sacrifice fairness for the sake of expediency.”