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Brett kavanaugh replaced kennedy. he made a point to point out that there are several landmark cases by the supreme court that overturned previous precedent, such as brown versus board of education. that was not about -- particularly susan collins, one of the few pro-abortion rights in the senate, she said she believed roe versus wade was settled law, and that was not his message today. >> i just got this from justice kavanaugh. if we believe this case is wrong, why don't we go to the return of neutrality? not what he told congress. >> i don't think anyone believed brett kavanaugh. going to da...

People are going to feel the consequences. >> there's sort of an if this than that. and if that is the case, then em base the fact that 46% of the country doesn't trust your institution, but they want it both ways. i think six. six of the justices have made comments about this being political. you take justice kavanagh's comments, i don't have a legal analysis of this, but the political analysis of saying who are we to decide, we should send this back to legislatures, the court deals with all sorts of rights without sending it back to the states. >> yeah. clearly on this issue, the court is ou...

Faire, that we can run the country that way? i mentioned that because i want people to read those 15 pages with care. and that's why i said that. if you have anything to add to my plea to read it, please do. >> justice, i agree. i have read those pages and reread them many times. i think this is actually another key distinction from the cases that justice kavanaugh was referring to. that is, as i understand the passages in casey, the court carefully walked through every factor that this court focuses on. workability of -- and down the line, it found the case for reaffirming roe was overwhelmin...

As an american institution. that's what they're saying. so we're looking at it for that, but we are looking too, and that they say is a reason why. a reason why when you get a case like that, you better be damn sure that the normal stari considerations overruling are really there in spades double, triple, quadruple, and then they go through and show their knowledge. okay? what's the paradox? maybe you think i've just made an argument that there isn't one, but really, in my head, i'm thinking i'm not sure. there may be one, and i don't know if you've ever thought about this. i don't know if you...

>> thank you. >> i want to ask a followup question. the chief was asking about the viability line and if that was the right place, the right line to draw. let's take it out of the question and imagine there's a state constitution that's identical to the 14th amendment 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. and so that state supreme court says we think that the right exists in an absolute sense that the state can not take away the right up to 27 weeks a...