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FOXNEWS The Faulkner Focus December 1, 2021 16:24:00

Why wouldn t it be workable if you say the end of the second trimester 27 weeks, third trimester state interests increase. i don t understand why 27 weeks is less workable than 24. what i was trying to suggest is a viability line is a workable line. to change it there is a new line for principle had and workable. that s stare decisis. i ask as a matter of first principle. the viability line makes sense. if the state it is not constitutionally we could say 27 weeks and the second trimester. you could but the viability line makes sense given the protection for liberty because it comes from the woman s liberty in resisting state control of her body. once the court recognizes the interest it needs to draw a line as it does in many other ....

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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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