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Question is never, is it bad to overrule period. you know, surely i m asking you to think, in near terms, there were two they mentioned. and they don t want casey they don t want roe to be the third. and now in your opinion, you just answered justice barrett, hey, all of these are not rising to that level, okay. are there any that do rise to the level in your opinion? i think and i m not sure that i necessarily agree with the watershed characterization, your honor. but what i would say, i can t think of another that hits the radar, but i would emphasize that the problem here is that we re dealing with a right that doesn t have a basis in constitutional text again, very much in conflict with those values, justice breyer. i m not sure how your answer makes any sense. all of those other cases, griswald, lawrence, o bergfeld, they all relied on substantiative due process. you re saying there s no ....
States cannot legislate comprehensively on abortion before, after viability and throughout. it s history and tradition, your honor. and i would also add, your honor, that those decisions, a great many of them draw not just draw from text, history, and tradition, but they draw often clear lines, very workable, have not led to the many negative stare decisis factors that we identify here. general go ahead. go ahead. would a decision in your favor call any of the questions any of the cases that justice sotomayor is identifying into question? no, your honor. i think for a couple of reasons. first of all, the vast run of those cases and some mentioned from time to time, griswald, lawrence, o bergfeld. these are cases that draw clear rules, can t ban contraception, can t ban intimate romantic relationships between consenting ....
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 ....
0 say. really? yeah. they used to be more polite. i have to say, the court over the last few years has gotten a bit more sharp in their questioning. and even sometimes to each other, and making digs at each other. that s an unfortunate trend. but i think for the most part, you ll hear a respectful discussion of the issues between the advocates and the court. maybe the most important thing to think about is when the justices are asking a question, they re not necessarily wanting to hear the answer from the advocate. they re making a point to one of the other justices. and so you as the advocate have to just understand, you re guiding a conversation more than like giving a speech and saying why you re right. and that s where that listening skill is so important. can you figure out what the justice is trying to say to her or his colleagues. so it s not only the question, but also what may be behind the question, vis-a-vis another magistrate. exactly. it s 3-d chess. that s very ....
Less professional, more political actors into the election space which again is incredibly dangerous. reporter: a report in 2021 from the brennan center for justice found roughly 1 in 6 election workers received threats of violence. while almost 1 in 3 said they feel unsafe because of their job. earlier this year, the justice department and the fbi formed a task force to address the rise in threats against election officials. but griswald tells cnn she has yet to see action. the fbi says they are not monitoring the threats. i don t believe at this point the doj has prosecuted any of the threats. so the response has not been sufficient. now john keller, the justice department official who is overseeing this task force tells cnn these are the kinds of threats used to be dealt with on a state or local level. this is changing rapidly in response to the surge in threats nationwide since last election cycle. the justice department is supplementing efforts with national coordination, tr ....