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MSNBC Craig Melvin Reports December 1, 2021 16:49:00

Different answers in mississippi and new york. different answers in alabama than california, because there are two different entess at stake and the people in those states might value those interests somewhat differently. why is that not the right answer? justice kavanaugh, it s not the right answer because the court correctly recognized that this is a fundamental right of women. and the nature of fundamental rights is that it s not left up to state legislatures to decide whether to honor them or not. and it s true different rules would prevail throughout the country if this court overrules roe and casey. that would mean women in those states who are refusing to honor their rights and who are forcing them to continue to use their bodies to sustain a pregnancy and then to bring a child into the world will have no recourse other than to travel if they re able to afford it or to attempt abortion outside the confines of the medical system or to have a child even though that was not ....

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MSNBC Craig Melvin Reports December 1, 2021 16:36:00

White supremacy. so there was a lot of reliance. it was it was improper reliance. it was reliance on an egregiously wrong understanding of what equal protection means. but your answer is i don t i don t understand i don t have your answer clearly. can a decision be overruled simply because it was erroneously wrong even if nothing has changed between the time of that decision and the time when the court is called upon to consider whether it should be overruled? yes or no? can you give me a yes or no answer? this court has never overruled in that decision just base oond conclusion that the decision is wrong. it has always found that they warrant overruling in that instance. and casey did that. it applied the satri desigh sis factors. if it means anything, it has to mean that kind of extensive consideration of all the same arguments for whether to retain or discard a precedent itself is an additional layer of precedent that needs to be relied on and ....

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MSNBC Craig Melvin Reports December 1, 2021 16:03:00

The only real options we have are to reaffirm roe and casey as they stand or overrule them in their entirety. you say that there are no half measures here. is that a correct understanding of the brief? your honor, it certainly the arguments of the state has presented is what we re responding to there. that all the state s arguments including their alternatives which are undue burden without viability, would be the equivalent of overruling casey and roe because the viability line is the central holding of the cases. casey mentioned it no fewer than 19 times and the court in june medical a year ago affirmed the viability line is the central holding of both casey and roe. you do emphasize that the court drew the line at viability and roe and reaffirmed that in casey. that s something we have to take very seriously into ....

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MSNBC Craig Melvin Reports December 1, 2021 16:07:00

With the people. casey seemed to say we shouldn t base our decisions not only on that, but whether they re going to seem popular. and it seemed to me to have a paradoxical conclusion that the more unpopular the decisions are, the firmer the court should be in not departing from prior precedent. it s sort of a super staridesis for what are regarded by many as the most erroneous decisions. do you think that is a category, or is it just normal? i think it is precedent on precedent. casey did the analysis for roe. the question before this court is whether that analysis was egregiously wrong. if i may answer your earlier question about whether viability was squarely at issue in casey, it clearly was, your honor. pages 869 to 871, the court ....

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MSNBC Craig Melvin Reports December 1, 2021 16:10:00

And yet, we have to have public support, and that comes primarily, says casey, i wonder if it was o connor who wrote that. i don t know. but it comes primarily from people believing that we do our job, we use reason, we don t look to just what s popular. and that s where you ve seen the paradox. but the problem with the super case of which we ve heard three mentioned, the problem with the super case like this, the rare case, the water shed case, where people are really opposed on both sides, and they really fight each other is they are going to be ready to say no, you re just political. you re just politicians. and that s what kills us. ....

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