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In place, the six-week ban, the senate sponsor said we re doing it because we have new justices on the supreme court. will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i don t see how it is possible. it is what casey talked about when it talked about watershed decisions. some of them brown versus board of education it mentioned, and this one, have such an entrenched set of expectations in our society that this is what the court decided, this is ....
Cannot survive i think that s what both courts below said. that you had no experts say that there is any viability before 23 to 24 weeks. what i would say is this. the fundamental problem with viability it is not something that rests on science so much. it is that viability is not tethered to anything in the constitution in history or tradition. it is a quintessentially legislative line. a legislature could think that viability makes sense as a place to draw the line but quite reasonable for a legislature to draw another line. there is so much that s not in the constitution, including the fact that we have the last word, marberry versus madison, there is not anything in the constitution that says that the court, the supreme court, is the last word on what the constitution means. it s totally novel at that time. and yet what the court did was ....
They have all like marberry versus madison been discerned from the structure of the constitution. why do we now say that somehow roe and casey are so unusual that they must be overturned? justice sotomayor, i would emphasize two things. when you are going beyond the constitution, this court has looked closely to they didn t go beyond the constitution is what i m saying. they did not deduce those from the structure of the constitution. they pointed to the 14th amendment and reasoned that privacy in roe and autonomy and similar values in casey led to a right in abortion. that s not how the court traditionally does that. the court looks as history and decision. here those reject the proposition that states cannot legislate on abortion before, after viability and all throughout. so it is history and tradition, ....
But not earlier. that s the world under roe and casey but not the constitution places its trust in the people. on hard issue after hard issue the people make this country work. abortion is a hard issue. it demands the best from all of us, not a judgment by just a few of us. when an issue affects everyone and when the constitution does not take sides on it, it belongs to the people. roe and casey have failed but the people if given the chance will succeed. this court should overrule roe and casey and uphold the state s law. i welcome the court s questions. general stewart, you focus on the right to abortion but our jurisprudence seems to focus on in casey autonomy and in roe, privacy. does it make a difference that ....
it goes before a court with a conservative majority. the only justice who has openly called for roe to be overturned is clarence thomas. bill: emotions outside the court will run high on both sides. the decision not until late june which will be only months before next year s mid-term elections. abortion policy making should rest with the elected legislators and elected governors and so it is certainly important for us to make that request and know that the constitution gives us the power for people. for 50 years roe v. wade has pitted women against their children, woman against woman. it is time now to stop and empower women and support life. i hope the supreme court is listening. i think if you want to see a revolution, go ahead, outlaw roe v. wade and see what the response is of the public, ....