Third Trimester State News Today

That as far as her liberty and whether or not the liberty interests that were talking about extends to her? >> well, justice thomas, i have to confess that i havent read the specific case youre referring to. if i understand the question youre posing, it sounds as though the state is seeking to regulate for a child thats been born that was injured while it was inside the womb. and i think that we are not denying that a state has an interest there. were not denying that a state has an interest her...

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...

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, a...

Viability line is that its clearly demarcated the scope of a womans protected liberty in this context. the state is not asking this court to replace it with a clear 15 -week line. theyre asking the court to reverse the liberty interest altogether or leave it up in the air. if that happens immediately states with six-week wan bans and so on would seek to enforce those with no continued guidance of what the scope of the liberty guidance is going forward. >> the thing that is at issue before us tod...

Obviously more principled or more workable than viability because of the con -- >> why? thats the roe framework. the trimester. why wouldnt that be workable if you pick a line and say 27 weeks, third trimester states interests increase. i dont understand why 27 weeks is less workable than 24? >> im not trying to suggest it is. what i was trying to suggest is the viability line is a principled and workable line. to change it, there would have to be a new line thats more workable and principled an...

Important cases, the most consequential cases in this courts history. theres a string of them where the cases overruled precedent. brown v board. outlawed separate by equal. baker versus car which set the stage for one person, one vote. west coast hotel which recognized the states authority to regulate business. miranda versus arizona which required police to give warnings about the right to remain silent . warrant v texas. map versus ohio held the exclusionary rule applies to state criminal pro...

The only real options we have are to reaffirm roe and casey as they stand or overrule them in their entirety. you say that there are no half measures here. is that a correct understanding of the brief? >> your honor, it certainly the arguments of the state has presented is what were responding to there. that all the states arguments including their alternatives which are undue burden without viability, would be the equivalent of overruling casey and roe because the viability line is the central ...

Thought the case was wrongly decided in the first instance would run counter to the ability to function as a corner stone of the rule of law in this context. >> is it your argument that a case can never be overruled simply because it was e egregiously long? >> i think at the least the state would have to come forward with changed circumstance or some kind of materially new argument, and mississippi hasnt done so -- >> really? suppose plessi versus ferguson was reargued. nothing had changed. woul...

Include the reliance interests of parenting and bringing a child into the world when thats not the best thing for her family or her career. >> i think the state is wrong about that and where it is wrong is it overlooks the consequences of forcing a woman, upon her, the choice of deciding whether or not to give a child up for adoption. and i think there is nothing new about the safe haven laws or the option of adoption. there is bodily integrity interests, but also the aton my interests as well. ...

Consideration, but suppose we were considering that question now for the first time. im sure you know the arguments about the viability line as well as i do, probably better than i do. what would you say in defense of that line? what would you say to the argument that has been made many times by people who are pro choice and pro life that the line really doesnt make any sense? that it is as justice blackman himself described it, arbitrary. if a woman wants to be free of the burdens of pregnancy,...