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That is one of the very strong reasons to go all the way and overrule roe and casey, your honor. >> justice gorsuch. >> i want to be clear about what you are arguing and not arguing and to be clear you are not arguing that the court somehow has the authority to itself prohibit abortion or that this court has the authority to order the states to prohibit abortion. so i understand it, correct? >> correct. >> you are arguing the constitution is silent and neutral on abortion. constitution is neither pro-life nor pro-choice on the question of abortion but leaves the issue for the people of the sta...

Lawrence. but in thinking about that which is the core of this case, how should we be thinking about it? justice breyer pointed out that in casey and in some respects it was a different conception of that concept insofar as it explicitly took into account public reaction. is that a factor that you accept or are you arguing that we should minimize that factor and is there a different set of rules that is true that casey identified brown and west coast hotel as watershed decisions? but is there a distinct set of those considerations applicable to what the court might decide as a watershed decisi...

They have all like marberry versus madison been discerned from the structure of the constitution. why do we now say that somehow roe and casey are so unusual that they must be overturned? >> justice sotomayor, i would emphasize two things. when you are going beyond the constitution, this court has looked closely to -- >> they didn't go beyond the constitution is what i'm saying. >> they did not deduce those from the structure of the constitution. they pointed to the 14th amendment and reasoned that privacy in roe and autonomy and similar values in casey led to a right in abortion. that's not h...

That not much has changed since roe and casey. that people think it is right or wrong based on the things that they have always thought it was right and wrong for. so the rationale behind those cases has something to do with the autonomy and the freedom and the dignity of women to pursue their lives as they wish, to protect their bodily integrity, to make the decisions that are most fundamental to the course of their lives, and always in those cases there was an understanding that there were important interests on the other side in protecting life or the potential for life, whether people saw ...

Made the right balance and some people thought they made the wrong balance but in the end we're in the same exact place as we were then except that we're not because there has been 50 years of water under the bridge, 50 years of decisions saying this is part of our law, that this is part of the fabric of women's existence in this country, and that that places us in an entirely different situation than if you had come in 50 years ago and made the same arguments. so i guess i just wanted to hear you react to that. >> of course, justice kagan, thank you. i would emphasize a couple of things, your...