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Rights of personhood should be considered to have taken hold at a point when the fetus acquires certain independent argument risices, but viability is dependent on medical technology and medical practice. it has changed. it may continue to change. >> the court had to set a line between conception and birth, and it logically looked at the fe us the's ability to survive separately as a legal line. it's verifiable and doesn't require the court to resolve the philosophical issues at stake. >> i just want to focus on stardecisis for a moment. i found my colleague's comments compelling. i'm not quit...

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 con...