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So it's not just a look at whether or not it's wrong, zpst important that the court take into account all of those factors, because stare decisis, meaning, letting the precedent stand, is a very important pillar of the rule of law. >> when is it appropriate for a judge to impose a sentence enhancement under the guidelines? >> thank you, senator. the federal sentencing guidelines are crafted to assist courts in making sentencing determinations within the broad range that congress prescribes for cases. for crimes. so in the typical case, a defendant is convicted of some crime, in the federal sys...

Factual development in states. the workability of the undue standard alone. all the metrics casey was describing casey fails. i would emphasize this as well. casey was not a great example of simply letting precedent stand. it recast and overruled two of the court's most important abortion decisions. it adopted a new standard unknown to other parts of the law. those aren't the hallmarks of precedent and failed under this court. >> your answer is yes, you accept the way the special rule, the rule for the rare watershed, the principles for deciding whether to overturn such a case as roe, you acce...

And i would also emphasize, your honor, on stare decisis, over the last 30 years, workability, development of the law, and the work kt, the undue burden standard alone, on all the metrics casey is describing, or the vast bulk of them, casey fails. and i would also emphasize as well, justice breyer, that casey was not a great example of simply letting precedent stand. it recast roe's reasoning, it overruled two of the court's most important abortion decisions, it jettisoned the trimester framework of roe itself. those are not the hallmarks of precedent and they failed under stare decisis. >> i ...

0 say. >> really? >> yeah. they used to be more polite. i have to say, the court over the last few years has gotten a bit more sharp in their questioning. and even sometimes to each other, and making digs at each other. that's an unfortunate trend. but i think for the most part, you'll hear a respectful discussion of the issues between the advocates and the court. maybe the most important thing to think about is when the justices are asking a question, they're not necessarily wanting to hear the answer from the advocate. they're making a point to one of the other justices. and so you as the ad...

Roe v. wade and if you looked to a longer view you would be in the group saying it is up to states to decide? >> well, certainly there are a number of rues on roe v. wade but at the end of the day the judge's job is not to decide based upon personal politics, points of view or religion. it is about the law. at the end of the day there is an idea in the law which says that precedents should stand unless there is a reason to overturn them. how does it apply in this case? we'll see going forward. but we've heard a mantra since 1987. oh, it will be overturned. it will be overturned. it is a scare ...