concurring in part and concurring in the judgment.
I agree with the Court’s treatment of the appellant’s arguments based on United States v. Vuitch, 402 U. S. 62 (1971), *520and Patterson v. New York, 432 U. S. 197 (1977). Accordingly, I join Parts I and II of the Court's opinion.
I concur in the judgment of the Court insofar as it affirms the conviction. For reasons stated in my dissent in Akron v. Akron Center for Reproductive Health, ante, p. 416, I do not agree that the constitutional validity of the Virginia mandatory hospitalization requirement is contingent in any way on the trimester in which it is imposed. Rather, I believe that the requirement in this case is not an undue burden on the decision to undergo an abortion.