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Wide variety of other dimensions, what would that look like coming to the court? how do you think we should -- we would be able to deal with that or how would you counsel us to deal with that if the court were to go down that road? >> i think -- this is not to push back and i will answer your question. part of why we counseled to overrule full scale it's the only way the get rid of the problems you are alluding to. when you have the undue burden standard it is a very hard standard to apply. it is not objective. the court looks to the record in each case and what's going on. the court in casey ...

Justices now in 2021? >> that's a very good question because during the confirmation hearings particularly the last three nominees, democratic senators tried to get the nominees to agree with the idea that roe is so-called super precedent. it's more than just a case. it requires more to overturn it. i've always rejected that category and the trump nominees did not really go for that classification while saying that precedent needs to be respected under a doctrine called. casey was a plurality decision. we've had 5-4 decisions after casey. the court has always been struggling with the constitut...

National basis review that applies to all laws will provide a workable and consistent jurisprudence that puts matters back with the people. anything heightened will be problematic. i would say if the court were not inclined to overrule casey the choice would be undue burden standard from any viability rule. >> i would like to go to a different topic, back to casey. i assume you have read casey pretty thoroughly. >> yes, your honor. >> two parts. they reaffirm roe. put that to the side. the second is the opinion for the court, not three people. but for the court and that second part is about wh...

Of the united states more broadly but the position in some cases of the way the current administration interprets that. >> bill: we'll take you inside the courtroom when it is gaveled into session. what is mississippi's best argument today? >> i think, bill, what they are going to say is that they have incorporated in their statute what casey says is a defense based on due burden so at least you could -- they will try to argue you can uphold the law without necessarily undoing casey. i don't think it is a very persuasive argument. they have to confront roe and casey in order to -- >> bill: the...

And you haven't added much to the discussion in your papers as to the errors that casey made other than i disagree with casey. >> justice sotomayor maybe i can highlight, too. casey gave one paragraph to the workability of roe. it then adopted the undue burden standard the most unworkable standard in american law and three paragraphs to reliance which doesn't account for the last 30 years and the changes that occurred since casey. it gave a brief factual view to things that have changed since roe. those are not going to take account of the last 30 years of advancements in medicine, science and...