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FOXNEWS The Faulkner Focus December 1, 2021 16:10:00

Casey i wonder if it was o connor who wrote that. i don t know. but it comes primarily from people believing that we do our jobs, we use reason, we don t look to just what s popular and that s where you see the paradox. but the problem with the super case of which we ve heard three mentioned, the problem with the super case like this, the rare case, the watershed case, where people are really opposed on both sides and they really fight each other is they will be ready to say no you re just politicians, you re just political and that s what kills us as an american institution. that s what they are saying. so we are looking at it for that. we are looking to and that they ....

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FOXNEWS The Faulkner Focus December 1, 2021 16:35:00

1896 to 1954 to decide if plessy should it have been overruled or not? it should have been overruled but i think the factual premise was wrong in the moment it weigh was decided. there are circumstances where a situation where it must be overruled simply because it was very wrong at the moment it was decided, correct? is that correct? it would be justified overruling that in that interest and counter to any notion of reasonable reliance. not a workable rule. it had become an outlier in our understanding of fundamental freedom. there was a lot of reliance on plessy. the south built up a whole society based on the idea of white supremacy. there was a lot of reliance. it was improper reliance and ....

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FOXNEWS The Faulkner Focus December 1, 2021 16:05:00

Continue? viability is the principled line your honor. i m trying to see whether it is a principled line. do you agree with me at least on that point. a woman still has the same interest in terminating her pregnancy after the viability line has been crossed. yes, but the court balanced the interests in ordering the interests of the states. the other side. the fetus has an interest in having a life and that doesn t change, does it, from the point before viability to the point after viability? in some people s view it doesn t. but what the court said is those philosophical differences couldn t be resolved in a way. that s what i m getting at. what s the philosophical argument. the secular philosophical argument for saying this is the appropriate line. there are those who say that the rights of personhood should be considered to have taken hold at a point when the fetus ....

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MSNBC Craig Melvin Reports December 1, 2021 16:04:00

Consideration, but suppose we were considering that question now for the first time. i m sure you know the arguments about the viability line as well as i do, probably better than i do. what would you say in defense of that line? what would you say to the argument that has been made many times by people who are pro choice and pro life that the line really doesn t make any sense? that it is as justice blackman himself described it, arbitrary. if a woman wants to be free of the burdens of pregnancy, that interest does not disappear the moment the viability line is crossed. isn t that right? no, your honor. and if i may make a few points to answer your question. first, i think the state views viability as arbitrary, because it discounts the woman s interest. but does a woman upon reaching the point of viability, ....

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MSNBCW Craig Melvin Reports December 1, 2021

0 standard of self-has proved difficult to administer and that is relevant to the analysis. and i want to give you an opportunity to respond. yes, your honor. the first point i d like to make is the undue burden test is not at issue in this case. that is the test that applies to regulations, not prohibitions. and the state has conceded that this is a prohibition. that s the title of this law. an act to prohibit abortion after 15 weeks. the only thing at issue in this case is the viability line, and the viability line has been enduringly workable. the lower federal courts have applied it consistently and uniformly for 50 years, and the fifth circuit here below had no difficulty striking down this law unanimously, 3 -0. it s been an exceedingly workable standard. if i may return to your question, sir chief justice, a reasonable possibility standard would not be workable. it would ultimately boil down to an argument that states can prohibit a category of women from exercising the consti ....

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