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

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. wi...

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

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...

MSNBC Craig Melvin Reports December 1, 2021 16:00:00 - Vimarsana News

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 consi...

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

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 m...

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

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 prin...