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Area when we get a substantive matter in front of us. >> now -- and that is the hedge for the supreme court. right? not breyer, he was being very candid there. but the 5-4 vote from the scotus allowed texas's effective abortion ban to remain in the books because there isn't a ripe instance. now, a substantive matter before the court may be headed their way sooner rather than later. that's because the justice department just sued the state of texas today. the lawsuit asks a federal judge to block the near total abortion ban from being enforced on the grounds that it's unconstitutional. why? bec...

>> the dobbs case. >> which asked that question. so that will be coming before the court this fall. >> so the dobbs case in mississippi is about a 15-week benchmark. the texas law is a six-week benchmark and then this civil authority for people to sue, basically they become the executors of law. which one do you think is a bigger problem? >> they're both an enormous problem. they're both clear violations of the constitution. as the department of justice's lawsuit made clear today, there has been an unbroken line of supreme court cases that have said that previability, the government cannot tak...

I'll add one more very. and i wrote a dissent. and that's the way it works. but it's a procedural matter, so we'll see what happens in that area when we get a substantive matter in front of us. >> that is the hedge for the supreme court, right? not breyer, he was being very candid there. but the 5-4 vote from the scotus allowed texas' abortion ban to remain in the books because there isn't a ripe instance. now, a substantive matter before the court may be headed their way sooner rather than later. that's because the justice department just sued the state of texas today. the lawsuit asks a fede...

Precedent is very strong. there is only one -- justice breyer said it. what the court did last week was very, very wrong in letting the six-week ban stand. >> they basically said they didn't have a real claim in front of them yet, but they will. the question then becomes what seems likely here? look, the 5-4 thing is scary to people like you because these judges showed a real openness to this situation that we haven't seen. and yet roe v. wade has been dinged up before. the casey case and others, while refining the standard, they've had notification principles and things like that that have ta...