with care. and that s why i said that. if you have anything to add to my plea to read it, please do. i agree completely and read the pages and reread them many times and it is another key distinction from the cases justice kavanaugh was referring to. that is as i understand the passages in casey the court carefully walked through each and every stare decisis factor this court focuses on. workability of the viability rule. legal and factual development and critical reliance interest and down the line found the case for reaffirming roe was overwhelming. in that situation when every factor the court consults to determine whether to retain precedent counsel is in favor of retaining it, i think casey properly perceived that a decision to overrule nevertheless based on the conclusion the justices thought the case was wrongly decided in the first instance would run counter to the ability of stare decisis to function as a cornerstone of the rule of law in this context.
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