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>> thank you. >> i want to ask a followup question. the chief was asking about the viability line and if that was the right place, the right line to draw. let's take it out of the question and imagine there's a state constitution that's identical to the 14th amendment due process clause. and a state supreme court has to decide as a matter of state constitutional law what the scope of an abortion right is. and the second trimester ends at 27 weeks. and so that state supreme court says we think that the right exists in an absolute sense that the state can not take away the right up to 27 weeks a...

Follow roberts. he was very hard hitting in a lot of his questions about the basis for roe and also some substantial reductions on roe and casey. so i think the pro-choice folks will be disappointed in what they heard from kavanaugh today. >> harris: why is that? >> it seems like kavanaugh was really pressing again on the basis for roe and also whether they should keep the standard of the viability line. he was really delivering some hay makers to the pro-choice side as to some of their claims. barrett did the same thing in saying you often talk about the burden of raising a child but isn't it...

That's a good thing. >> that's what we're doing under undue burden but not on the viability line. >> neither one has worked well. the viability line discounts and disregards state interest and the undue burden standard has all the problem. >> how is your interest anything but a religious view. the issue of when life begins has been hotly debated by philosophers since the beginning of time. it is still debated in religions. so when you say this is the only right that takes away from the state the ability to protect a life, that's a religious view, isn't it? it assumes that a fetus is life at wh...

Squarely addressed viability, because the government had made the argument that viability -- >> no, no, i appreciate that casey addressed it. but that's different than saying it was at issue. it said it was the central principal of roe because it was pretty much all that was left after they were done dealing with the rest of us. the regulations in casey had no applicability or not depending on where viability was. if they didn't say anything about viability, it's like what justice blackman said in -- when discussing among his colleagues, which is good reason not to have papers out that early, ...

Constitutional contexts like the fourth and fifth amendment. the viability line makes sense because it focuses on the fetus's ability to survive separately. an appropriate legal line and doesn't delve into philosophical questions about when life begins. >> thank you, counsel. >> general. >> mr. chief justice and may it please the court. for a half century this court has correctly recognized the constitution protects a woman's right to decide whether to end a pregnancy before viability. that guarantee the state cannot force a woman to carry a pregnancy to term and give birth has societal relian...