Thread by @sahilkapur

Arguments begin and Mississippi SG Scott Stewart goes straight at the SCOTUS abortion precedents: "Roe and Casey have failed." He says abortion law should be left to voters and not established as a right by the courts.

"This court should overrule Roe and Casey," he says.

Clarence Thomas asks the Mississippi SG: "If we don't overrule Casey or Roe, do you have a standard that you propose other than the viability standard?"

Stewart replies that it should, in that case, be an "undue burden un-tethered from any bright line viability rule."

Breyer seems to be talking, indirectly, to Chief Justice Roberts (and maybe Kavanaugh) when he quotes prior opinions to argue that overruling Roe/Casey now would damage the Supreme Court's legitimacy.

Breyer now invoking stare decisis as it pertains to abortion, which Susan Collins said Kavanaugh promised her he will respect before she cast a pivotal vote to confirm him to SCOTUS.

Sonia Sotomayor asks, re: SCOTUS potentially overruling Roe: "Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political hacks?"

Sotomayor: "There’s so much that’s not in the Constitution," including SCOTUS being the last word on the Constitution, as recognized in Marbury v. Madison.

Brett Kavanaugh opens his questioning by clarifying with the Mississippi SG that if SCOTUS accepts their view and kills Roe/Casey, states would still be free to allow legal abortion if they decide to.

Chief Justice Roberts to the lawyer arguing in favor of Roe/Casey: "If it really is an issue of choice, why is 15 weeks not enough time?"

Kavanaugh ticks through a long list of decisions where the Supreme Court broke with its precedent (including Brown v. Board, same-sex marriage, and others) to ask why it'd be any less appropriate to break with precedent and overrule Roe/Casey.