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MSNBC Craig Melvin Reports December 1, 2021 16:45:00

That as far as her liberty and whether or not the liberty interests that we re talking about extends to her? well, justice thomas, i have to confess that i haven t read the specific case you re referring to. if i understand the question you re posing, it sounds as though the state is seeking to regulate for a child that s been born that was injured while it was inside the womb. and i think that we are not denying that a state has an interest there. we re not denying that a state has an interest here either. roe recognized the states have interests that exist from the outset of pregnancy. with respect to this specific right to abortion, there are also profound liberty interests of the woman on the other side of the scale, and not being forced to continue with the pregnancy, not being forced to ensure childbirth and to have a child in the world. the state s arguments seem to ask this court to look only at its interests and ignore entirely the incredibly weighty interests of the woman o ....

Followup Question , Liberty Interests , Haven T , Justice Thomas , Third Trimester State , Relicense Reliance Interest , Reaffirming Roe , District Court ,

MSNBC Craig Melvin Reports December 1, 2021 16:28:00

It s there. what specifically is the right here that we re talking about? well, justice thomas, i think that the court and those other contexts with respect to the other amendments has had to articulate the bounds of the constitutional guarantees. it s done so through a variety of different tests that implement first amendment rights, second amendment rights, fourth amendment rights. i don t think there is anything unprecedented or anomalous about the right that the court articulated in roe and casey by defining the scope of the liberty interest by reference providing that s the moment when the balance of interest tips and when the state can act to prohibit a woman from getting an abortion based on its interest in protecting the fetal life at that point. so the right specifically is abortion? it s the right of a woman prior to viability to control whether to continue with a pregnancy, yes. thank you. general, i am interested in justice kavanaugh s long litany ....

District Court , Justice Thomas , Reaffirming Roe , 14th Amendment , First Amendment Rights , Second Amendment , Third Trimester State , Liberty Interest , Interest Tips ,

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

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 ....

Undue Burden Test , Third Trimester State , Casey Case , Viability Line , Fifth Circuit , Difficulty Striking , Followup Question , Chief Justice ,

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 ....

District Court , Viability Line , Third Trimester State , Liberty Interest , Liberty Guidance , Overruling Casey , There Isn Ta Total Prohibition , I Don T ,

MSNBC Craig Melvin Reports December 1, 2021 16:24:00

Obviously more principled or more workable than viability because of the con why? that s the roe framework. the trimester. why wouldn t that be workable if you pick a line and say 27 weeks, third trimester state s interests increase. i don t understand why 27 weeks is less workable than 24? i m not trying to suggest it is. what i was trying to suggest is the viability line is a principled and workable line. to change it, there would have to be a new line that s more workable and principled and the line that the court has drawn actually but i m asking as a matter of first principals. it is a matter of first principle, the viability line makes sense. as a matter of prudential judgment. it s not required. we could decide to be more protective and say 27 weeks under the second trimester? you could, but the viability line makes sense given the protection for liberty, because it comes from the woman s ....

Third Trimester State , Wouldn T , Roe Framework , The Con , Viability Line , District Court ,