Viability Rule News Today

With care. and thats why i said that. if you have anything to add to my plea to read it, please do. >> i agree completely and read the pages and reread them many times and it is another key distinction from the cases justice kavanaugh was referring to. that is as i understand the passages in casey the court carefully walked through each and every stare decisis factor this court focuses on. workability of the viability rule. legal and factual development and critical reliance interest and down th...

National basis review that applies to all laws will provide a workable and consistent jurisprudence that puts matters back with the people. anything heightened will be problematic. i would say if the court were not inclined to overrule casey the choice would be undue burden standard from any viability rule. >> i would like to go to a different topic, back to casey. i assume you have read casey pretty thoroughly. >> yes, your honor. >> two parts. they reaffirm roe. put that to the side. the secon...

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...