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>> in the old days we used to say it was a right to privacy that the court found substantive due process, what are we relying on now? >> when it comes to decisions related to family, marriage, and childbearing, the court has done the analysis and that makes sense because otherwise the constitution would reinforce the historical discrimination against women. >> laura: historical discrimination against women? in other words carrying a child as a punishment and a totally diminishes i guess any woman's ability to be free in the united states, that is a wild type of legal reasoning when you start t...

Possibility. you know, justice roberts i think although he's no longer kind of representative of the center of the court, i think is still one to watch. the chief justice mentioned yesterday he was focused on this 15-week ban in mississippi. it seemed to me if you look at the tea leaves that what we can very well see is this incremental approach here, which is upholding the mississippi ban and saying roe versus wade is not overturned but we're going to instead of using this viability test we're going to use some other test and 15 weeks is okay. but then the next step beyond that and the one th...

>> reporter: i'm told that in that meeting, she asked a lot of questions, but did not tip her hand either way into what way she will decide. senator durbin said this morning they have not heard from the parliamentarian on her answer. they hope it comes before the end of the week. i will say advocates think even if she doesn't agree to this specific proposal, they can amend their proposal and go back to her, hopefully find a place that she is comfortable with, so this process even if she says no might not yet be over. jose? >> and the house rules committee is meeting right now to discuss the re...

Bill through the house of representatives trying to enshrine roe. that's the way it should work. people through the elected bodies should have a say about things like abortion. there's nothing in the constitution about abortion. they took the liberty phrase in the 14th amendment and created this right called substantive due process that led five, six members of the supreme court to shut down every legislative body when it comes to whether or not unborn should be protected and when. i'm hoping the court will restore to the people through their elected representatives a voice about how they feel...

Make a family decisions and the right to physical autonomy including the right to end a pre-viability pregnancy. >> so it's all of the above. >> that's how the court interpreted the liberty clause for over 100 years in cases going back to meyer, griswald, carey, loving, lawrence. >> all of those come out of lochner so we've dropped part of it. so i understand what you have are saying but what i'm trying to focus on is if we -- is to lower the level of generality or be a little more specific. in the old days we used to say it was a right to privacy the court found in the due process, substantiv...