Page 5 - Viability Line News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Here, i know this has been an intense day. >> hi, rachel. >> so tell me about that clarity. oral arguments today made clear this court will overturn roe. you are not in the minority in asserting that, but what is the basis for that clarity that you feel about this? >> i think going into argument today, there was a narrative that went, this isn't really a 6-3 court, it's a 3-3 court that amy coney barrett and brett kavanaugh and the chief justice are incrementalists, they care about what people think, they worry about those legitimate questions you and nancy were just talking about, but they're...

Isn't a substantial obstacle nothing would be. the issue was before the court and the court said at page 879 in adopting the undue burden test it was not disturbing the viability line. >> a very interesting question. i think justice barrett raised, too. usually just philosophical but i think it has bite here. when i read casey, it is not just one-on-one, two is greater than one. casey plus roe is greater than roe. they are making a point that we are an institution perhaps more than a court of appeals. or a district court. it is hamilton's point. no purse, no sword, and yet we have to have publ...

Was what you were saying in response, but maybe i'm mistaken. please correct me if i am. but what is your argument against applying the undue burden standard prior to viability? >> if the undue burden standard as this court laid out in casey which includes the viability line -- >> no, i'm asking -- i know -- we're fighting hypothetical here, counsel. all right? accept the hypothetical. hypothetically, if the court extends the undue burden standard to regulations prior to viability, would that be workable or would that not be workable in your view? >> without viability, it would not be workable...

Viability line and if that was the right place, if that's the right line to draw. let's take it out of the question of stare decisis and imagine that there is a state constitution that is identical to the 14th assembly 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. so that state supreme court says we think that the right exists in an absolute sense the state cannot take away the right up to 27 weeks and after that adopts and undue burden standard. as a matter ...

Liberty interest in resisting state control of her body. once the court recognizes that interest, it needs to draw a line as it does in other constitutional contexts, like the 4th and 5th majority. and the viability line makes sense. it focuses on the fe us the's ability to survive separately. that's an appropriate legal line. it's objectively verifiable and doesn't delve into philosophical questions about when life begins. >> thank you, counsel. >> mr. chief justice and may it please the court. for a half century, this court has correctly recognized that the constitution protects a woman's fu...