Page 62 - Contexts News Today

That the court in those other contexts with respect to those other amendments have had to articulate what the text means and the bounds of the constitutional guarantees and done so through a variety of different tests that implement first amendment rights, second amendment rights and fourth amendment rights. i dont think there is anything unprecedented about the right that the court articulated in roe and casey and the way it implemented that right by defining the skoefpt liberty interest by ref...

Liberty interest in resisting state control of her body. once the court recognizes that interest, it needs to draw a line as it does in other constitutional contexts, like the 4th and 5th majority. and the viability line makes sense. it focuses on the fe us thes ability to survive separately. thats an appropriate legal line. its objectively verifiable and doesnt delve into philosophical questions about when life begins. >> thank you, counsel. >> mr. chief justice and may it please the court. for...

Its there. what specifically is the right here that were talking about? >> well, justice thomas, i think that the court and those other contexts with respect to the other amendments has had to articulate the bounds of the constitutional guarantees. its done so through a variety of different tests that implement first amendment rights, second amendment rights, fourth amendment rights. i dont think there is anything unprecedented or anomalous about the right that the court articulated in roe and c...

Light both roe and casey emphasize the burdens of parenting insofar as you and many of your -- focus on the ways in which forced parenting and forced motherhood with hinder womens access to the workplace and the consequences of parenting and the obligations of motherhood that flow from pregnancy. why dont the safe haven laws take care of that problem. it focuses the burden narrowly. there is without question an infringement on bodily autonomy which we have in other contexts that vaccines. howeve...

We focus on privacy or autonomy or more specifically on abortion? >> i think whichever one of those you are focusing on, your honor, particularly if you focus on the right to abortion, each of those starts to become a step removed from what is provided in the constitution. yes, the constitution does provide certain -- protects certain aspects of privacy and autonomy and like but as this court said going directly from general concepts of autonomy, privacy, bodily integrity to a right is now how t...

Constitutional contexts like the fourth and fifth amendment. the viability line makes sense because it focuses on the fetuss ability to survive separately. an appropriate legal line and doesnt delve into philosophical questions about when life begins. >> thank you, counsel. >> general. >> mr. chief justice and may it please the court. for a half century this court has correctly recognized the constitution protects a womans right to decide whether to end a pregnancy before viability. that guarant...

Privacy. does it make a difference that we focus on privacy or autonomy or more specifically on abortion? >> i think whichever one of those youre focusing on, youre honor, particularly if youre focusing on the right to abortion, each of those starts to become a step removed for whats provided in the constitution. yes, the constitution does provide -- protects certain aspects of privacy, on autonomy and the light, but going directly from general concepts of autonomy, of privacy, of bodily integri...

0 standard of self-has proved difficult to administer and that is relevant to the analysis. and i want to give you an opportunity to respond. >> yes, your honor. the first point id like to make is the undue burden test is not at issue in this case. that is the test that applies to regulations, not prohibitions. and the state has conceded that this is a prohibition. thats the title of this law. an act to prohibit abortion after 15 weeks. the only thing at issue in this case is the viability line,...

0 decisis analysis and i want to give you an opportunity to respond. >> the undue burden test is not at issue. that applies to regulations, not prohibitions. the state has conceded this is a prohibition. thats the title of this law is an act to prohibit abortion after 15 weeks and the only thing that is at issue in this case is the viability line. the viability line has been workable. the lower federal courts have applied it uniformly for 50 years, the fifth circuit had no difficulty striking do...

0 say. >> really? >> yeah. they used to be more polite. i have to say, the court over the last few years has gotten a bit more sharp in their questioning. and even sometimes to each other, and making digs at each other. thats an unfortunate trend. but i think for the most part, youll hear a respectful discussion of the issues between the advocates and the court. maybe the most important thing to think about is when the justices are asking a question, theyre not necessarily wanting to hear the an...