justice harlan had it right in dissent in pleasey when he recognized that all are equal and similarly the states should be able to recognize there are values on boekt sides here. we think this one slightly outweighs or this one outweighs or a balance to be drawn here. if the court doesn't do that, justice kagan, it will be continued damage and the court will continue to punch in this political issue. >> i have just a few little -- a few questions. first gets back to the issue of viability. you know, in your petition for cert was whether all pre-viability prohibitions on elective abortions are unconstitutional. then i think it's fair to say when you got to the brief on the merits you shift i had gears and talked a lot whether roe and casey should be