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Appointee, he saw through what texas was trying to do and writes this in part, fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional, meaning the right to abortion, the state contrived an unprecedented and transparent statutory scheme to do just that. but the judge went on to note the reality on the ground here for women in texas is that women are still getting abortions. they're just not getting them in texas. women who have the means and opportunity and the money can travel across state lines to places like louisiana and oklahoma to...

Wade is one that no member of the supreme court, not any member would buy today. it's simply that they ducked the issue last time. the second big argument that texas made is that basically the united states has no business going to court in order to get this law reviewed, even though nobody else apparently is able to review it. the united states has no stake in this, and that also didn't fly very well. one of their really bizarre arguments was that the united states government is there to protect and encourage interstate commerce. this law actually doesn't hurt interstate commerce. it forces w...

Today. they simply ducked the issue last time. second big argument that texas made is, basically that the united states, has no business going to court, in order to get this law reviewed, even though nobody else apparently is able to review it. the united states has no stake in this, and that also did not fly very well, one of their really bizarre arguments, was that, the united states government is there to protect and encourage interstate commerce. this law actually does not her interstate commerce, it forces women to flee taxes, to go to places like oklahoma. it encourages interstate commer...

Power. and since the pandemic or the spread of disease is not commerce, this goes beyond, again, the regulatory authority that the government has. and beyond that it's trying to get businesses to do its dirty work. the federal government cannot directly require people to get vaccinated. and so it can't do the same thing by telling businesses to do it. >> as law professors we know the commerce clause is very broadly interpreted. and this clearly is affecting commerce. it's affected the ability of businesses to function in this country, the economy has been affected by it, the virus doesn't know...

To regulate interstate commerce. >> of course, whether or not i eat broccoli doesn't affect your health. but whether or not i get vaccinated or wear a mask, theoretically could. there are at least five vaccines required for children to go to school or daycare in every state in the nation according to the national academy for state health policy. mumps, measles, polio, rubella, chickenpox. why would what president biden is attempting to do be any different than requiring children to get these shots? >> that's an easy question, jake, because this is the federal government imposing a mandate rath...