from -- >> in early cases courts decide whether science fits the dal bert standard. obviously under the dal bert standard the minority of people, gross minority of doctors who believe fetal pain exists before 24 and 25 weeks is a huge minority and one not well founded in signs at all. so i don't see how that really adds anything to the discussion. that a small fringe of doctors believe that pain could be experienced before a cortex is formed doesn't mean there has been that much of a difference since casey. >> we pointed out where roe and casey improperly preclude states from taking account for these things and they should be able to be concerned about a