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Does not the woman have the same interest that she had before viability in being free of this pregnancy? that she no longer wants to continue? viability is a principled line, your honor, because in ordering the i m trying to see whether it is a principle line. do you agree with me on that point? a woman still has the same interest in terminating her pregnancy after the viability line has been crossed? yes, yoush, but the court balanced the interest look at the interest on 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 can be resolved in a way that s what i m getting at. what is the philosophical argument? the argument for saying this is the appropriate line? there are those who say that the ....
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 ....