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MSNBC Craig Melvin Reports December 1, 2021 16:43:00

Viability line is that it s clearly demarcated the scope of a woman s protected liberty in this context. the state is not asking this court to replace it with a clear 15 -week line. they re asking the court to reverse the liberty interest altogether or leave it up in the air. if that happens immediately states with six-week wan bans and so on would seek to enforce those with no continued guidance of what the scope of the liberty guidance is going forward. the thing that is at issue before us today is 15 weeks. and i just wonder what the strength of your reliance arguments which sounded to me like being based on a total prohibition would be if there isn t a total prohibition? and as far as viability goes, i don t see what that has to do with the question of choice at all. well, i think as casey emphasized and reaffirming the viability line, the court ....

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FOXNEWS The Faulkner Focus December 1, 2021 16:43:00

The state isn t asking the court to replace it with a clear 15 week line for the right. they re asking the court to reverse the liberty interest all together or leave it up in the air. if that were to happen immediately states with six and eight weeks and 10 week bans would seek to enforce those with no continued guidance what the skoefpt liberty interest is going forward. the thing that is at issue before us today is 15 weeks. and i just wonder what the strength of your reliance arguments, which sounded to me like being based on a total prohibition, would be if there isn t a total prohibition. as far as viability goes, i don t see what that has to do with the question of choice at all. i think as casey emphasized in reaffirming the viability line the court justified that as having a biological justification that marks the point in pregnancy when the fetus is capable of life. ....

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MSNBCW Craig Melvin Reports December 1, 2021

0 standard of self-has proved difficult to administer and that is relevant to the analysis. and i want to give you an opportunity to respond. yes, your honor. the first point i d like to make is the undue burden test is not at issue in this case. that is the test that applies to regulations, not prohibitions. and the state has conceded that this is a prohibition. that s the title of this law. an act to prohibit abortion after 15 weeks. the only thing at issue in this case is the viability line, and the viability line has been enduringly workable. the lower federal courts have applied it consistently and uniformly for 50 years, and the fifth circuit here below had no difficulty striking down this law unanimously, 3 -0. it s been an exceedingly workable standard. if i may return to your question, sir chief justice, a reasonable possibility standard would not be workable. it would ultimately boil down to an argument that states can prohibit a category of women from exercising the consti ....

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FOXNEWSW The Faulkner Focus December 1, 2021

0 decisis analysis and i want to give you an opportunity to respond. the undue burden test is not at issue. that applies to regulations, not prohibitions. the state has conceded this is a prohibition. thats the title of this law is an act to prohibit abortion after 15 weeks and the only thing that is at issue in this case is the viability line. the viability line has been workable. the lower federal courts have applied it uniformly for 50 years, the fifth circuit had no difficulty striking down this law unanimously 3-0. it has been an exceedingly workable standard. if i may return to your question, a reasonable possibility standard would not be workable. it would boil down to an argument that states can prohibit a category of women from exercising their constitutional right merely because of the number of people in the category and that is not how constitutional rights work. a state would never say it could ban religious services on a wednesday evening for example because most people ....

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