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Overruled. i wanted to give you a chance to explain that. >> sure, your honor. a couple of points. at the petition stage we were identified for the court three questions. we emotion -- emphasized five times the court was at the least going to reconsider, re-evaluate its precedents and asking the court to get rid of a viability line or any suggestion of one. so we added however and we had to take account of the reality that this argument has not faired well in the lower courts and lost in every court of appeals so we raised the issue in addition. once the court granted only the first question w...

Obviously more principled or more workable than viability because of the con -- >> why? that's the roe framework. the trimester. why wouldn't that be workable if you pick a line and say 27 weeks, third trimester state's interests increase. i don't understand why 27 weeks is less workable than 24? >> i'm not trying to suggest it is. what i was trying to suggest is the viability line is a principled and workable line. to change it, there would have to be a new line that's more workable and principled and the line that the court has drawn actually -- >> but -- i'm asking as a matter of first prin...

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. the wom -- 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? >> no, your honor. if i make a few points to answer your question. the state views viability as arbitrary bec...

>> the roe and casey have failed. >> eliminating or reducing the right to abortion will propel women backwards. >> what has changed in science to show that the viability line is not a real line? >> what constitutional right protects the right to abortion? >> there's been 50 years of water under the bridge, 50 years of decisions saying that this is part of our law. >> you say the existing frame work accommodates, your word, both the interests of the pregnant woman and the interest of the fetus. can't accommodate both interests. you have to pick. >> brett kavanaugh's comments were especially int...

The state isn't asking the court to replace it with a clear 15 week line for the right. they're asking the court to reverse the liberty interest all together or leave it up in the air. if that were to happen immediately states with six and eight weeks and 10 week bans would seek to enforce those with no continued guidance what the skoefpt liberty interest is going forward. >> the thing that is at issue before us today is 15 weeks. and i just wonder what the strength of your reliance arguments, which sounded to me like being based on a total prohibition, would be if there isn't a total prohibit...