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Is the point at which, you know, before then the ultimate decision has to be for the woman. and all of the medical and family circumstances are for her ultimately to decide. they've said that, you know, states can make restrictions that are reasonable, but they can't ultimately take the decision away, and that is the line that makes this secure. if they get rid of the viability line, then we're going to sea a crumbling across the nation, and if roe falls, there's no way to uphold the mississippi law without reversing roe versus wade. half the states in the united states are going to ban aborti...

Viability. that's when a fetus can survive outside of the womb. the court said in 1992 that point is between 23 and 24 weeks. but the mississippi law bans abortions much earlier, after 15 weeks, with exceptions only for medical emergencies or severe fetal abnormalities. and now the state solicitor general will argue before the supreme court that there is nothing in the constitution that even supports a woman's right to have an abortion. if the court won't go that far, the state wants the justices to erase the viability line and uphold its 15-week ban. >> i believe very strongly that if you rea...

When you got to the brief on the merits, you kind of shifted gears and talked a lot more about whether roe and casey should be overruled. >> sure, your honor. we identified for the court three questions. we emphasized, as we do, this is important. only this court can resolve it. we emphasized that it was five times that the court was going to at the least need to reconsider or re-evaluate its precedence and we asked the court to get rid of a viability line or any suggestion of a viability line. so we added, however, and we had to take account of the reality that this argument has not fared wel...

>> yes, here's the deal. you heard these references to fetal viability which was at the center of roe v. wade and kc. what the chief was suggesting and he's probably the only one on the bench who thinks this, that you can actually lift that viability line, but not overrule roe. he was suggesting that the 15-week cut-off could be constitutional, which is what mississippi has. but that he wouldn't roll back some right to abortion. but what i believe, jake is that he's going to have to get -- he would get the three liberals to agree at least that they wouldn't discard roe wholesale, but he is goi...

0 standard of self-has proved difficult to administer and that is relevant to the analysis. and i want to give you an opportunity to respond. >> yes, your honor. the first point i'd like to make is the undue burden test is not at issue in this case. that is the test that applies to regulations, not prohibitions. and the state has conceded that this is a prohibition. that's the title of this law. an act to prohibit abortion after 15 weeks. the only thing at issue in this case is the viability line, and the viability line has been enduringly workable. the lower federal courts have applied it con...