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Think that the case is wrong. and i guess what strikes me when i look at this case is that, you know, not much has changed since roe and casey. that people think that its right or wrong, based on the things that they have always thought it was right or wrong for. so the rationale behind those cases has something to do with the autonomy and the freedom and the dignity of women to pursue their lives as they wish. to protect their bodily integrity. to make the decisions that are most fundamental to...

Like this, mr. chief justice. >> may i finish my inquiry? >> of course, justice sotomayor. >> virtually every state defines a brain death as death, yet the literature is filled with episodes of people who are completely and utterly brain dead responding to stimuli. there is about 40% of dead people, who if you touch their feet, the foot will recoil. there are spontaneous acts by dead brain people. so i dont think that a response by a fetus necessarily proves that theres a sensation of pain or th...

Mississippi, who elect abortions before viability, they are put at a tremendously greater risk of medical complications and ending their life. 14 times greater to give birth to a child full term than it is to have an abortion before viability. and now the state is saying to these women, we can choose not only to until lyphysically comp your existence, put you at medical risk, make you poorer, because we believe what? that -- >> sure, your honor. i think to answer, i think the question i think yo...

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 answ...

On here. >> may i ask you a question about starry desigh sis? your colleagues on the other side have emphasized casey rejected roes trimester framework and replaced it with an undue burden standard. they argue the undue burden standard was not well-known to the law before that. and then they argue that the undue burden standard has evolved over time too in ways the court has found difficult to agree upon. in hellerstat they point out in briefs the court seems to suggest the court should consider...

Could not renounce. the question then is not whether roe should be overturned, but whether casey was egregiously wrong to adhere to roes central holding. second, casey and roe were correct. for a state to take control of a womans body and demand that she go through pregnancy and childbirth with all the physical risks and life-altering consequences that brings is a fundamental deprivation of her liberty. preserving a womans right to make this decision until viability protects her liberty while lo...

Allows access to abortion right up until viability. and it also doesnt have the same barriers in place. >> what do you mean even if they have nominal lines earlier? >> some countries have a nominal line of 12 weeks or 18 weeks, but they permit legal access to abortion after that point for broad social reasons. health reasons, socio-economic reasons so their regimes arent comparable, and they also dont have the same types of barriers that we have here. so if the court were to move the line substa...

Question. so i would emphasize, your honor. the shift you go, the court granted one question. that question fairly includes what is the correct -- >> well, it fairly includes the broader arguments that youve raised. im not suggesting that. but on the other hand, presumably included the viability question, as well, because thats what you talked about in that one sentence. >> and weve addressed that, as well, your honor. what i would emphasize here is that the merits arguments of, you know, the va...

Question is never, is it bad to overrule period. you know, surely -- >> im asking you to think, in near terms, there were two they mentioned. and they dont want casey -- they dont want roe to be the third. and now in your opinion, you just answered justice barrett, hey, all of these are not rising to that level, okay. are there any that do rise to the level in your opinion? >> i think -- and im not sure that i necessarily agree with the watershed characterization, your honor. but what i would sa...

To overrule under fire in the absence of the most compelling reason, to re-examine a watershed decision would subvert the courts legitimacy beyond any serious question. and the last sentence after they quote potter stewart on the same point, they say overruling unnecessarily and under pressure would lead to condemnation, the courts loss of confidence in the judiciary, the ability of the court to exercise the judicial power and to function as the supreme court of a nation dedicated to the rule of...