without objection. thank you very much, judge jackson. thank you. senator klobuchar finds a minnesota connection to almost everything. very proud of the fact, but justice blackman was born in nashville, illinois. ok, he was a lawyer at the mayo clinic as we know, and spent a lot of time a lawyer in minnesota when he was chosen to the supreme court, but thank you for pointing that out. and now to the great state of texas, senator cruz. thank you, mr. chairman. judge jackson, welcome. thank you. congratulations. thank you. you and i have known each other a long time. we have. we went to law school together, law review together, a year apart. happily so, i hope, senator. we were not particularly close, but we were always
judgments, and i think, as you know, by how you ve talked more broadly about this moving off of the first amendment questions, throughout the court s history, stare decisis has been so key, and the court has relied on it to maintain stability in the law re its impartiality as a former justice, i know senator durbin just read a very famous book about him, minnesotan, justice harry blackman, who actually justice breyer succeeded on the court, said in his concurrence in planned parenthood v. casey about the court s decision to uphold roe v. wade, he said what has happened today should serve as a model for future justices and a warning for all who have tried to turn this court into yet another political branch. what role do you think that stare decisis plays in the judiciary and avoiding the
american people not trusting in our institutions, but when she said that i immediately thought there are a lot of people who think the original stench if you want to call it that started when this decision was decided in the way that it was, which was more of a political rather than a legal decision in the constitution. my initial reaction to that was you know, when the people s house this week we had members calling one another jihadists and crazy and traitors. there has been a lack of decorum throughout government recently. harry blackman played the role of a neonateologist and how we got roe v. wade. a lawyer decided to play god/doctor. so there will always be political considerations. some people think that same-sex marriage was on a track toward being adopted by states but the supreme court kind of injected its own view of marriage, even
justice harry blackman, the author of roe, came up with as a measure that he sort of pulled out of the air in order to accommodate the competing interests and then flashing forward to casey, in casey what hadn t even been argued in roe suddenly became the central feature of roe. and i think what roberts was underscoring here is that this whole thing has been built on really a very, very shaky, almost non-existent foundation, which does on one hand you would say maybe that means you should toss the whole thing. but i agree with john that where roberts seemed to be heading was to say look, we have a very narrow question before us here. much more narrow than the parties seem to be arguing. is 15 weeks an okay regulation? harris: or is any an okay
0 decisis analysis and i want to give you an opportunity to respond. the undue burden test is not at issue. that applies to regulations, not prohibitions. the state has conceded this is a prohibition. thats the title of this law is an act to prohibit abortion after 15 weeks and the only thing that is at issue in this case is the viability line. the viability line has been workable. the lower federal courts have applied it uniformly for 50 years, the fifth circuit had no difficulty striking down this law unanimously 3-0. it has been an exceedingly workable standard. if i may return to your question, a reasonable possibility standard would not be workable. it would boil down to an argument that states can prohibit a category of women from exercising their constitutional right merely because of the number of people in the category and that is not how constitutional rights work. a state would never say it could ban religious services on a wednesday evening for example because most people