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About this issue of viability. because you will hear a lot about that today and the time difference of 24 weeks versus 15 weeks but that original roe decision dealt with viability back then, is that right? >> it did. many people don't understand roe was effectively gutted in the casey decision. all the supreme court did leave in terms of roe was the idea of the protected right to abortion. but they basically got rid of most of what was roe in the trimester system approach. they replaced it with a standard you can impose an undue burden on abortion and reproductive rights. this created and main...

Most conservative, correct me if i'm wrong there, blocked it saying it violated, right, it violated roe and supreme court precedent. is there anything to read into the path that this law has taken in getting to the supreme court? >> you know, i don't really think there is any -- i don't think there is much to read into it to answer your question. i think, you know, this law is in conflict with roe v. wade, as you said, the core principle of roe v. wade is that states have very limited ability to regulate abortion before viability. viability is you point out is somewhere around 22 to 24 weeks. ...

Have a lot more science and information than we did back in the 70s. does that play into tomorrow's argument at the court? >> yeah. you wouldn't think the scientific advances should affect the law but because roe wasn't based on the legal question it really is based on what we now know to sometimes be inaccurate historical and scientific assumptions, it is relevant. when casey decision has pinned abortion access to viability, we know that's a moving standard and as technology gets better that date moves. it doesn't make sense for our law to depend on the advancements in obstetric technology an...

About that. that may give the mr. chairmans a chance to win this procedural case. it's important to point out, even if the biden administration and the abortion providers win, b that doesn't mean they will succeed in striking down the law. >> that's exactly right. >> they'll get a ruling on the merits. >> so then talk to me about the mississippi law that's coming before this same court next month. it is, as opposed to what we're talking about with texas, the mississippi law is a direct challenge to the constitutional right to abortion. >> that case is not a procedural morass. that case is very...

Simultaneously, of course, understanding what the state has done here is essentially try to abrogate its role in creating an undue burden on women to private attorneys general, these vigilante citizens who don't even have to claim any personal harm in order to bring the suit. >> well, i mean, jeff, just the timing of this, how long do you think a lawsuit like this might take to make its way through the legal system? >> well, quite some time and that's what is so outrageous about this situation and frankly the responsibility is principally with the supreme court of the united states, which last...