continue? viability is the principled line your honor. i m trying to see whether it is a principled line. do you agree with me at least on that point. a woman still has the same interest in terminating her pregnancy after the viability line has been crossed. yes, but the court balanced the interests in ordering the interests of the states. the other side. the fetus has an interest in having a life and that doesn t change, does it, from the point before viability to the point after viability? in some people s view it doesn t. but what the court said is those philosophical differences couldn t be resolved in a way. that s what i m getting at. what s the philosophical argument. the secular philosophical argument for saying this is the appropriate line. there are those who say that the rights of personhood should be considered to have taken hold at a point when the fetus
does not the woman have the same interest that she had before viability in being free of this pregnancy? that she no longer wants to continue? viability is a principled line, your honor, because in ordering the i m trying to see whether it is a principle line. do you agree with me on that point? a woman still has the same interest in terminating her pregnancy after the viability line has been crossed? yes, yoush, but the court balanced the interest look at the interest on the other side. the fetus has an interest in having a life, and that doesn t change. does it? from the point before viability to the point after viability? in some people s view, it doesn t, but what the court said is those philosophical differences can be resolved in a way that s what i m getting at. what is the philosophical argument? the argument for saying this is the appropriate line? there are those who say that the
they poison the law. justice sotomayor, a consistent supporter of abortion rights, grilled stewart. will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i i don t see how it is possible. reporter: while chief justice roberts appeared to be looking for a middle ground to allow states to ban abortion earlier than 23 to 24 weeks when a fetus is considered viable. but if it really is an issue about choice, why is 15 weeks not enough time? reporter: justice alito seemed to want to go further. the fetus has an interest in having a life. and that doesn t change, does it, from the point before viability to the point after viability? reporter: u.s. solicitor
at which they ve had the fair choice, opportunity to choice, and why would 15 weeks be an inappropriate line, so viability it seems to me doesn t have anything to do with choice. but if it really is an issue about choice, why is 15 weeks not enough time? okay. so what did you hear there, gloria? i m hearing somebody who doesn t really understand that sometimes in the early stages, a woman might not even know she s pregnant for some time, you know, depending on how her body changes or doesn t change. i think it s also a wrestling period of trying to figure out how can someone feel a time period in which a woman s choice should be made as opposed to having viability be that choice. and then that brings in science. it goes almost to what we re dealing with right now with covid, a feeling versus science. and in this instance, that s what we re working with this
the report has never revoked a right. justice alito seemed to speak for most of the conservative members of the court taking aim at the viability that was established in roe. the fetus has an interest in having a life. and that doesn t change, does it, from the point before viability to the point after viability? during arguments justice kavanaugh took the position that abortion want remanded to the states. it is considered an extreme restriction on the rights of women across the country. i think the other side would say that the core problem here is that the court has been forced by the position you are taking and by the cases to pick sides on the most contentious social debate in american life. and to do so in a situation