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Specifically tell me specifically state what the right is? is it specifically abortion? is it liberty? is it autonomy? is it privacy? >> the right is grounded in the liberty component of the 14th amendment, justice thomas. but i think it promotes interests in autonomy, bodily integrity, liberty and equal tee. i think it is specifically the right to abortion here, the right of a woman to be able to control without the state forcing her to continue a pregnancy whether to carry that baby to term. >> i understand we are talking about abortion here. but what is confusing is that we -- if we were ta...

Some states may continue to enact laws in the piece of the court's precedence has never been enough of a troen to overrule and true for a number of decisions the court issued. the fact that some people continue to disagree with them is not precedent to discard it. >> back to my original question. if -- i know your interest here is in abortion. i understand that. but if i were to ask you what constitutional right protects the right to abortion, is it privacy, is it autonomy? what would it be? >> it's liberty, your honor, the protection in the 14th amendment that a state can't deprive a person o...

That's what i think is being brought up. maybe i haven't made it clearer, but i've tried to. >> yes, your honor. i think the point the court was making was the fact that some states may continue to enact laws in the teeth of the court's precedent has never been enough of a reason to overrule. and that's true for a number of decisions that the court has issued. the fact that some people continue to disagree with them is not a basis to discard that precedent. >> justice thomas? anything further? >> back to my original question. if i know your interest here is in abortion. i understand that. but ...

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 abortio...

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...