Fetal Separateness News Today : Breaking News, Live Updates & Top Stories | Vimarsana

>> it was a complete -- the definition of viability. not a reason that viability is a good line. >> it's focused on the idea of fetal separateness and a line that accords with the history and tradition of abortion regulation contrary to the state's arguments here at the time of the founding and most of early american history women had an ability to access abortion in the early stages of pregnancy and it was only when the fetus was deemed separate the states could -- it aligns with history and tradition in that respect with the viability line. >> justice thomas. >> you heard my question to coun...

Justified that as having both a logical and biological justification that it marks the point in pregnancy when the fe -- >> that's what john heart heelly explained. it's not a reason viability is a good line. it's the in addition. >> it's focussed on the idea of fetal separateness. contrary to the state's arguments here at the time of the founding and for most of early american history, women had an ability to access abortion in the early stages of pregnancy and it was only when the fetus was deemed sufficiently separate the states could deem to bar that. they align in that respect. >> you hea...

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...

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 q...