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The court. that is exactly what the constitution was designed to resist. bill: jonathan, andy and carey stand by. we can hear the audio from inside the supreme court. the marshall joined the court in the month of june. we believe now in session. the court will begin. soon you will hear the chief justice and also scott stewart, the first lawyer to make arguments. let s drop in. yet the courts below struck the law down. it didn t matter that the law applies when an unborn child is undough neuably human and risks to women surge and the common abortion procedure is brutal. the lower courts held that because the law prohibits abortions before viability it is unconstitutional no matter what. roe and casey s core holding is that the people can protect an unborn girl s life when she be barely survive outside the womb ....
Today. you ll have people like thomas pushing to say where in the constitution is this right found? so the court first has to deal with that threshold question, do they think roe is good law? do they feel this is derived from the constitution or was the court engaging in extra constitutional legislation which is how a lot of conservatives view it. dana: thank you so much. we ll be paying attention to all of you as soon as this gets underway at 10:00. thank you all so much. bill: well done, thanks. dana: wanted to bring this up as well in september the fox news poll the most recent one we have the question was asked on supreme court action roe roe v. wade let it stand 65% overturn it 28%. what jonathan turley was saying when you look at it as a law as it was decided at the time there are very few constitutional scholars who say it was correctly decided. you might still think abortion should be legal and in the states that could be true, ....
That is one of the very strong reasons to go all the way and overrule roe and casey, your honor. justice gorsuch. i want to be clear about what you are arguing and not arguing and to be clear you are not arguing that the court somehow has the authority to itself prohibit abortion or that this court has the authority to order the states to prohibit abortion. so i understand it, correct? correct. you are arguing the constitution is silent and neutral on abortion. constitution is neither pro-life nor pro-choice on the question of abortion but leaves the issue for the people of the states or perhaps congress to resolve in the democratic process. is that accurate? we re saying it s left to the people, your honor. if you were to prevail, the ....
Correct. it fairly includes the broader arguments you raised. i am not suggesting that. on the other hand it included the viability question as well because that s what you talked about in that one sentence. and we have addressed that as well. what i would emphasize here is the merits arguments of the validity of roe and casey an original matter is there a viability rule based on the constitution are not that complicated or lengthy. the harder questions are should the court overrule and take that momentous step and that s why we devote a lot of space to that very important issue. we respect stari decis and presenting our best arguments for that is what we ve done. on that matter the first issue you look at is whether or not the decision at issue was wrongly decided. i ve never quite understood how you evaluate that. is it wrongly decided based on ....
We focus on privacy or autonomy or more specifically on abortion? i think whichever one of those you are focusing on, your honor, particularly if you focus on the right to abortion, each of those starts to become a step removed from what is provided in the constitution. yes, the constitution does provide certain protects certain aspects of privacy and autonomy and like but as this court said going directly from general concepts of autonomy, privacy, bodily integrity to a right is now how this court traditionally does due process analysis. i think it confirms whichever one of those you look at, a right to abortion is not grounded in the text. it is grounded on abstract concepts that this court has rejected in other contexts applying. you say that this is the only constitutional right that involves the taking of a life. what difference does that make ....