Page 7 - Viability Line News Today

Chief justice, once-controversial issues are quite settled and clear rules and dont have those considerations against them. by overruling and a lot of those decisions are quite readily roundable in history, tradition, and the courts traditional decisions your honor. >> justice thomas, justice breyer? justice alito? justice sotomayor? justice kagan? >> i just wanted to get your quick sense of how your intermediate positions would work if basically the viability line was discarded and undue burden...

Requiring the woman to go 15, 16 weeks more and then terminate parental rights at the conclusion. why didnt you address the safe haven laws and why dont you think they matter? >> for a couple reasons. eve -- the idea a woman could place a child up for adoption has been true since roe. its a consideration that the court already had before it when it decided those cases and adhered to the viability line. but in addition, we dont just focus on the burdens of parenting and neither did roe. instead, ...

Of opinion with respect to undue burden, but the right of a woman to choose the right to control her own body has been clearly set for casey and never challenged. you want us to reject that line of viability and adopt something different. 15 justices over 50 years have been -- or i should say, 30, since casey, have reaffirmed the viability line. four have said "no." two of them, members of this court. but 15 justices have said "yes." or varying political backgrounds. now the sponsors of this bil...

>> thats the point. isnt that -- isnt that the point? >> that theres a diversity of views and people can vigorously debate and make -- >> exactly. and thats what were still doing -- thats what were doing under undue burden, but we havent been doing it on the viability line. >> and neither one has worked well. the viability line discounts and disregards state interests and the undue burden standard has all of the problems -- >> how is your interest anything but a religious view? the issue of when...

Rid of. i think we have an excerpt from that. >> lets play that for everyone. sonia sotomayor really laid into the solicitor general of mississippi with a lengthy line of questioning. here is part of it. lets play that. >> the right of a woman to choose, the right to control her own body, has been clearly set for -- since casey and never challenged. you want us to reject that line of viability and adopt something different. 15 justices over 50 years have -- or i should say 30 since casey, have r...

Streamed audio only. all eyes and ears on these six conservative justices. the difference between this case and when we heard cases back in 1973, 1992 is now, of course, there is this solid conservative majority. the key question is should roe v. wade be overturned? thats because the mississippi ban that has not taken effect because its been blocked by lower courts, it bans most abortions after 15 yeeks with limited exceptions. court precedent established the constitutional right for women to ob...

To prevent people from thinking that this court is a political institution that will go back and forth, depending on what part of the public yells loud est 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 set-up, and if you dont do that, we want you to discard the viability line, casey says is the heart,...

View? >> the stakes are huge. i mean this is actually the fourth the time the center has been arguing in the last six years. every case is because the state has been in open defiance of the protections under the constitution by roe versus wade. so we are back hear again today, i mean, four times is too many, but we are here. we are ready. we will be making the case to the court that theres only one outcome here consistent with their precedence, the rule of law, gender equality, and the fundament...

There. in his papers, justice blackman said that the viability line was actually, was dicta and presumably he had some insight on the position. >> and justice blackman as well pointed out the arbitrary nature of and it the line drawing problems -- >> and then in casey, casey said that was the core principle or the central principle in roe, viability. it said that after tossing out the trimester formula, which many people thought was the core principle. but was viability at issue in casey? >> i d...

Nati nationwide. so far abortion clinics and the justice department have been unable to convince the could court to block the law because of the unique way it is structured, empowering private citizens rather than state officials to enforce the law, by allowing regular people to sue others who violate the restrictions. the supreme court is still considering whether various challenges to the texas law can move forward. now the 6-3 conservative court will also consider whether to redraw the viabil...