law with a view a woman s role was wife and mother and why it s appropriate to do the historical analysis at a higher level of generality. can it be said the right to abortion is deeply rooted in the history and traditions of the american people? yes, it can. again founding women were able to end their pregnancy under the common law and this court in glux berg discussed casey as a decision based on history and tradition and note 19 called out and relied on roe s conclusion that at the time of the founding and well into the 1800s women had the ability to end a pregnancy. what was the principle source court relied on for roe historical analysis. who was the author of that article. i don t remember the author. i know the court spent many pages of the opinion doing a historical analysis and a brief on behalf of several key
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