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FOXNEWS The Faulkner Focus December 1, 2021 16:13:00

Make a family decisions and the right to physical autonomy including the right to end a pre-viability pregnancy. so it s all of the above. that s how the court interpreted the liberty clause for over 100 years in cases going back to meyer, griswald, carey, loving, lawrence. all of those come out of lochner so we ve dropped part of it. so i understand what you have are saying but what i m trying to focus on is if we is to lower the level of generality or be a little more specific. in the old days we used to say it was a right to privacy the court found in the due process, substantive due process clause, okay, or in substantive due process. what are we relying on now? is it privacy? is it autonomy? what is it? it continues to be liberty and the right exists whatever ....

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FOXNEWS The Faulkner Focus December 1, 2021 16:16:00

Law with a view a woman s role was wife and mother and why it s appropriate to do the historical analysis at a higher level of generality. can it be said the right to abortion is deeply rooted in the history and traditions of the american people? yes, it can. again founding women were able to end their pregnancy under the common law and this court in glux berg discussed casey as a decision based on history and tradition and note 19 called out and relied on roe s conclusion that at the time of the founding and well into the 1800s women had the ability to end a pregnancy. what was the principle source court relied on for roe historical analysis. who was the author of that article. i don t remember the author. i know the court spent many pages of the opinion doing a historical analysis and a brief on behalf of several key ....

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MSNBC Craig Melvin Reports December 1, 2021 16:14:00

Is it privacy? is it autonomy? what is it? i think it continues to be liberty and the right exists whatever level of generality the court applies. there was a tradition under the common law for centuries. in addition when it comes to decision related to family, marriage and childbearing, can court has done the analysis at a higher level of generality. that makes sense otherwise it would discriminate against the historical decisions against women. you just mentioned the common law. so let me ask you a couple questions about history. did any state constitutional provision recognize abortion was a right, liberty when the 14th amendment was adopted? no, but it was allowed under the common law for years. was there any judicial ....

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MSNBCW Craig Melvin Reports December 1, 2021

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 consistently and uniformly for 50 years, and the fifth circuit here below had no difficulty striking down this law unanimously, 3 -0. it s been an exceedingly workable standard. if i may return to your question, sir chief justice, a reasonable possibility standard would not be workable. it would ultimately boil down to an argument that states can prohibit a category of women from exercising the consti ....

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FOXNEWSW The Faulkner Focus December 1, 2021

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 ....

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