abortion ban is now in the hands of a federal appeals court. texas just responding this afternoon to the justice department's request to put that law on hold while courts figure out whether it is legal or not. pete williams is joining us. and among other things the state says abortion is not a constitutional right but is, quote, court invented right. >> right, texas takes the position in this filing, they say that the states are bound by the text of the constitution but they don't have to follow supreme court rulings about constitutional rights. let me quote from the brief here that says that the supreme court's interpretation of the constitution are not the constitution itself, they are after all called opinions. the federal and state political branches they say have every prerogative to adopt their own interpretations of the constitution and to pass laws that deprive the courts of the