0 standard of self-has proved difficult to administer and that is relevant to the analysis. and i want to give you an opportunity to respond. yes, your honor. the first point i d like to make is the undue burden test is not at issue in this case. that is the test that applies to regulations, not prohibitions. and the state has conceded that this is a prohibition. that s the title of this law. an act to prohibit abortion after 15 weeks. the only thing at issue in this case is the viability line, and the viability line has been enduringly workable. the lower federal courts have applied it consistently and uniformly for 50 years, and the fifth circuit here below had no difficulty striking down this law unanimously, 3 -0. it s been an exceedingly workable standard. if i may return to your question, sir chief justice, a reasonable possibility standard would not be workable. it would ultimately boil down to an argument that states can prohibit a category of women from exercising the consti
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
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