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FOXNEWS The Faulkner Focus December 1, 2021 16:23:00

Viability line and if that was the right place, if that s the right line to draw. let s take it out of the question of stare decisis and imagine that there is a state constitution that is identical to the 14th assembly due process clause. and a state supreme court has to decide as a matter of state constitutional law what the scope of an abortion right is. and the second trimester ends at 27 weeks. so that state supreme court says we think that the right exists in an absolute sense the state cannot take away the right up to 27 weeks and after that adopts and undue burden standard. as a matter of first principle is that line acceptable as a matter of constitutional law? your honor, it may be but i think the question in this case is whether a line is more principled or workable than viability because of the stare decisis content. that s the roe framework. ....

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FOXNEWSW The Faulkner Focus December 1, 2021

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 down this law unanimously 3-0. it has been an exceedingly workable standard. if i may return to your question, a reasonable possibility standard would not be workable. it would boil down to an argument that states can prohibit a category of women from exercising their constitutional right merely because of the number of people in the category and that is not how constitutional rights work. a state would never say it could ban religious services on a wednesday evening for example because most people ....

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