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FOXNEWS The Faulkner Focus December 1, 2021 16:05:00

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 ....

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FOXNEWSW The Faulkner Focus December 1, 2021

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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