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This case, it is all about this idea that the word abortion does not appear anywhere in the constitution. and the idea of substantive due process, some rights are so basic, that they are protected in the constitution even though they are not particularly spelled out. if we're gonna go down that road, that is the foundation for abortion rights. it is also the foundation for all of those other rights. and so, if that foundation is gone, than the whole house of cards comes down. and so, i think he is really [inaudible] . >> but help me with this rationale, if one could argue that you have the rig...

The polls. of course it's smart for them te to harness this politically, butm they're saying things like contraception and same marriage are now going to be a threat and they're pointing to a line in a concurrence from . stice thomas but what he said if you go and read that is he says there is nothing in this opinion today, this abortion opinion that has anything to do with those rights. ill not him. mpact dth t it should not. but he doese go on to sayts that he thinks the court should engage in a different s kind of process for other cases moving forward. and he does mention reexamining a sub...

How can biden say that ? well, biden is as usual, about 50 years behind the curve. and sori the privacy rights that he talked about in roe v. wade isn'tth even the current law. so as this opinion points out, roe based its reasoning on this privacy right under the first, fourth, fifth, 9th and 14th amendment. nt but the most recent law, casey, which refined this case really relies on only one aspect of the constitution which is substantive due process under the 14th amendment. okay. and so what they tried to dois in that casey decision is sort of wrap abortionio into that jurisprudence, which i...

The right that roe and casey recognized does not stand-alone. what do you think about those fears? >> we are in a tricky position. we can either take justices alito and kavanaugh at their word when they say, oh, this stops at roe and there's a principle to difference between roe and obergefell, which protect same-sex marriage, and lawrence, which protects indictment conduct. and -- versus virginia, which protects interracial marriage, and griswold, which protects contraception. and we can take them at their word when they say it stops here. i've analogize this throughout to calling aging a pie...

The new personnel at the court. >> can you be the first to weigh in on today's survey question? katherine, can we put up on the screen so i can show joan where i'm headed. because i want to know -- no, no, no. you'll like this. i want to know from my audience today whether this is a one-off or just the beginning. and you know what i'm referring to. you have justice alito saying that this logic only extends to abortion. but you've got clarence thomas in his concurrence saying, hey, maybe we need to take a look at other substantive due process issues. what's your thought? >> okay, michael, yes. ...