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MSNBC Craig Melvin Reports December 1, 2021 16:37:00

Can form a stable foundation of the rule of law. you ve talked a number of times about the reliance interests here. i think i d like you to say a little bit more about that. because sometimes when we talk about reliance interest, it s like there s a rule of law and you look at it and say oh, somebody will enforce my contract because of this rule. and it has a kind of grounded quality to it. and as casey talked about the reliance interests here, they re a little bit more airy. and i just wanted to get your sense of what are the reliance interests here? and how do they cash out on the ground? well, there are multiple reliance interests here as i say casey correctly recognized. casey pointed to the individual reliance of women and their partners who had been able to organize their lives and make important life decisions against the backdrop of having control over this incredibly consequence shl decision whether to have a child. people make decisions on reliance of having that kind of ....

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MSNBC Craig Melvin Reports December 1, 2021 16:38:00

What relationships to enter into. what investments to make in their jobs and careers. i think of an individual level, there has been profound reliance. it s servely the certainly the case that not every woman in america has had or wanted to exercise this right. but one in four american women have had an abortion. for those women, the right secured has been critical in ensuring they can control their bodies and their lives. i think there s a second dimension to it that casey also properly recognized. that s societal dimension. that s the understanding of our society even though this has been a controversial decision that this is a liberty interest of women. it s the case that not everyone agrees with roe v. wade, but just about everyone in america knows how the court has defined this concept of liberty for women and what control they have in the situation of an unplanned pregnancy. i think changing it would run counter to the understanding we have of what equality is ....

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MSNBC Craig Melvin Reports December 1, 2021 16:43:00

Viability line is that it s clearly demarcated the scope of a woman s protected liberty in this context. the state is not asking this court to replace it with a clear 15 -week line. they re asking the court to reverse the liberty interest altogether or leave it up in the air. if that happens immediately states with six-week wan bans and so on would seek to enforce those with no continued guidance of what the scope of the liberty guidance is going forward. the thing that is at issue before us today is 15 weeks. and i just wonder what the strength of your reliance arguments which sounded to me like being based on a total prohibition would be if there isn t a total prohibition? and as far as viability goes, i don t see what that has to do with the question of choice at all. well, i think as casey emphasized and reaffirming the viability line, the court ....

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MSNBC Craig Melvin Reports December 1, 2021 16:09:00

Assessing the regulations against. whether they imposed a substantial obstacle in the path of a woman before viability. and if a prohibition like this law isn t a substantial obstacle, then nothing would be. the issue was squarely before the court, and, in fact, the court said at page 879 that in adopting the undue burden test, it was not disturbing the viability line. it s a very interesting question. i think justice barrett raised, too. it s usually just philosophical, but i think it has bite here. when i read casey, it s not just one on one. you know, two is greater than one. casey plus row is greater than they re making a point. that we re an institution, perhaps more than a court of appeals or a district court. it s hamilton s point. no sword. ....

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

Is that correct? that is correct, because some of the states started to describe the common law at that point because of a discriminatory view that a woman s proper role was as a wife and mother, a view the constitution rejects, and that s why it s appropriate to do the historical analysis at a higher level of generality. in the case of that, can it be said the right to abortion is deeply rooted in the history and traditions of the american people? yes, it can. again, at the founding women were able to end their pregnancy under the common law, and in fact, this court specifically discussed casey as the decision based on history and tradition, and it note 19 specifically called out and relied on the conclusion that at the time of the founding and well into the 1800s, women had the ability to end the pregnancy. what was the principal source the court relied on in roe for its historical analysis. who was the author of that article? i apologize, your honor. i don t remember the a ....

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