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To say whether they re overruling or not overruling in the sense meant there calling for special concern. now they say in those maybe i mentioned two. wait a minute, of course plessey was wrong when decided but wait a minute. they said separate but equal is a badge of infear or tee. all you have to do is open your eyes and look at the south, my friends and you will see whether it was or wasn t in 1954. and they made a similar point. they said are you going to sit here in the middle of the depression and tell me that lochner with its other cases and pure just about pure that we can run the country that way? i mention that because i want people to read those 15 pages ....
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 ....