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Against them. so really by overruling roe and casey the court won't have to go down that road and a lot of those decisions are quite readily groundable in history, tradition and the court's traditional factors. >> thank you. justice thomas, justice breyer? alito? justice sotomayor? >> i just wanted to get your quick sense of how your intermediate positions would work if basically the viability line was discarded and undue burden became the standard overall, a standard according to you is an unclear one. what that would leave the court with going forward. i'm just sort of thinking about the gre...

Does not the woman have the same interest that she had before viability in being free of this pregnancy? that she no longer wants to continue? >> viability is a principled line, your honor, because in ordering the -- >> i'm trying to see whether it is a principle line. do you agree with me on that point? a woman still has the same interest in terminating her pregnancy after the viability line has been crossed? >> yes, yoush, but the court balanced the interest -- >> look at the interest on the other side. the fetus has an interest in having a life, and that doesn't change. does it? from the po...

Them in their entirety. you say that quote there are no half measures here. is that a correct understanding of your brief? >> your honor, it certainly the arguments that the state has presented is what we're responding to there, which is that all of the state's arguments including their alternatives, undue burden without viability would be a equivalent of overrule casey and roe. the viability line is the central holding of those cases. casey mentioned it no fewer than 19 times and the court in june medical a year ago affirmed the viability line is the central holding of both casey and roe. >> ...

Chief justice. if this court would reject the viability line do you see any other intelligible principle that the court could choose? >> i think that it would be critically important even if this court were to reject the viability line to reinforce and reaffirm the fundamental and profound liberty interest here. >> that wasn't my question. i understand that point fully by the end of this argument. that is deeply clear to me, i understand your position. i am just asking a question whether you think there would be another alternative line that the government would propose or not. you have emphas...

Consideration, but suppose we were considering that question now for the first time. i'm sure you know the arguments about the viability line as well as i do, probably better than i do. what would you say in defense of that line? what would you say to the argument that has been made many times by people who are pro choice and pro life that the line really doesn't make any sense? that it is as justice blackman himself described it, arbitrary. if a woman wants to be free of the burdens of pregnancy, that interest does not disappear the moment the viability line is crossed. isn't that right? >> n...