Page 5 - Viability Line News Today

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 down...

Quite notable. >> harris: you know, andy, i want to know your thoughts on the highlights about this particular issue. something that jonathan just touched on and it was said so many times during the last almost two hours of the court arguments on this case. so the viability line that exists in roe versus wade, casey is that 24 weeks. mississippi says viability for life now because of science moving us forward should be earlier than that, 15 weeks. talk to me about what really was highlighted to ...

What is your argument against applying the undue burden standard prior to viability? >> if the undue burden standard as the court laid out in casey which includes the viability line. >> im asking -- were fighting the hypothetical here, counsel. accept the hype thetically the court were to extend the undue burden standard to regulations prior to viability would it be workable or would it not? >> without viability it wouldnt be workable, your honor. it would always come down to a claim that states...

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 ...

We listen to each of them. what informs you, the actual justices and their questions? they were very, very sensitive about the idea of not looking for the popular choice, on that was set more than once. >> first of all you often come out of these arguments with the caveat emptor type of moment or buyer beware. but this was marked by a number of questions that were more arguments than questions. the justices seemed to be speaking to each other through counsel. but what i thought was the most impo...

And you have to keep in mind, and what roberts was really hitting hard on, and with that line more importantly, and at least the court would allow states to go earlier in terms of that viability line. i wrote a column about this it may turn out that the value ability standard is no longer viable. and even if they preserve roe, they may just get rid of that line. >> he was delivering a number of

Depending on what part of the public yells loudest and preventing people from thinking that the court will go back and forth depending on changes to the courts membership. and what strikes me about this case, and you come here very honestly saying, you know, we want you to discard the entire setup and then even if you dont do that, we want you to discard the viability line which you have acknowledged again today casey says is the heart, the central principle of roe. and so usually there has to b...

>> thank you. >> i want to make sure i understand your response to the chief justice. if this court were to reject the viability line, do you see any other intelligible principal the court could choose? >> well, i think it would be critically important even if this court were to reject the viability line to reinforce and reaffirm that fundamental and profound -- >> im sorry for interrupting, but that wasnt my question. i understand that point fully. that is deeply clear to me. i understand your ...

Continue? >> viability is the principled line your honor. >> im trying to see whether it is a principled line. do you agree with me at least on that point. a woman still has the same interest in terminating her pregnancy after the viability line has been crossed. >> yes, but the court balanced the interests in ordering the interests of the states. >> the other side. the fetus has an interest in having a life and that doesnt change, does it, from the point before viability to the point after viab...

A woman to choose, the right to control her own body, has been clearly set forth since casey and never challenged. you want us to reject that right of viability and adopt something different. 15 justices over 50 years have or i should say 30 since casey, have reaffirmed that basic viability line. four have said no, two of them members of this court. but 15 justices have said yes. of varying political backgrounds. now the sponsors of this bill, the house bill in mississippi, said we are doing it ...