Kavanaugh said " the reason this issue is hard is that you can't accommodate both interests (Mother vs Fetus), you have to pick. Thats the fundamental problem and one interest has to prevail over the other at any given point in time and thats why this is so challenging. The question than becomes, what does the Constitution say about that?... When you have those two interests at stake and both are important, as you acknowledge, why should this court be the ahrborture rather than Congress, the state legislatures, the state supreme court or The People being able to resolve this and there will be different answers in Mississippi and New York because there are two different interests at stake and the People in those states might value those interests somewhat differently. Why is that not the right answer?"

Pro-choice Council replied "that is not the right answer because the court correctly recognized this is a fundamental right of Women and the nature of fundamental rights is that its not left to state legislatures to decide whether to honor them or not and its true that different rules will prevail throughout the country if the court would over-rule Roe V Wade and Casey but what that would mean is Women in those states who are refusing to honor their rights and who are forcing them to continue to use their body to sustain a pregnancy and to than to bring a child into the world will have no recourse other than to travel if they are able to afford it to or to attempt abortion outside the confines of the medical system or to have a child even though that was not the best choice for them and their family