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Their way. >> yes. >> so you say that constitution overrides that requirement in this case? >> yes. >> and what about the cases where sb-8 could be constitutionally applied, consistent with roe and casey? should they file those lawsuits? should they try to determine which side of the line they fall on? post-viability, not for medical reasons, that would meet a roe and casey test? are they supposed to apply roe and casey themselveses? >> i don't think -- i think that they should be injoined from docketing any sb-8 lawsuits -- >> including constitutional ones? >> but i think that that is -- that...

0 weeks. lindsey? >> gabe gutierrez, thank you. and in just seconds, we'll take you inside the supreme court to hear arguments in two challenges to the texas abortion law. i'm lindsey reiser in for stephanie ruhle. jose diaz-balart picks up the coverage right now. good morning. it's 10:00 a.m. eastern, 7:00 a.m. pacific. i'm jose diaz-balart. and we begin with something that hasn't happened before. for the first time ever, msnbc will bring you live oral arguments from the u.s. supreme court as it takes up two cases stemming from the controversial texas abortion law. this will be audio only...

That case made abortion legal in the united states. but this week the state attorney general reversed course, arguing roe should indeed be overturned. joining us now to discuss the politics at play, msnbc legal analyst melissa murray. she was a former law clerk to justice sonia sotomayor and nick ra thad. how could this case potentially alter reproductive rights in the united states? >> mississippi has offered the court two different paths for dismantling reproductive rights, which is where the fetus can be outside the womb. you can regulate post-viability. mississippi asked the court to do aw...

And after roe versus wade was really substantially changed actually in southeastern planned parenthood versus casey, in that case that sandra day o'connor authored, still the dividing line was viability. and under casey, a state cannot outlaw abortion previability. it just can't do it. post viability, the state can outlaw abortion, but under casey the state would still have to provide exemptions for such things as to protect the woman's health or her life or in other circumstances. so when the nebraska bill, which outlaws abortion at 20 weeks, clearly previability, that is a law that i think i...

Me. >> let's just call it for simplicity sake the nebraska bill, even though now it's been proposed in 14 other states. does the nebraska bill seem like at a basic level roe versus wade is supposed to stop states from passing laws like that? >> absolutely. roe versus wade establishes that it is a woman's fundamental, constitutional right to choose to terminate a pregnancy if she wants to. and after roe versus wade was really substantially changed actually in southeastern planned parenthood versus casey, in that case that sandra day o'connor authored, still the dividing line was viability. and ...