. a very good wednesday morning to you. i'm jim sciutto. >> i'm erica hill. right now the stage is set for the most important case involving abortion rights in this country in 30 years. you see the live pictures there outside the supreme court, a number of people gathered. that's baugs this morning the supreme court will consider a mississippi case that could ultimately overturn roe v. wade. the state wants the conservative-leaning high court to uphold a law that bans abortions after 15 weeks with very few exceptions. if that landmark opinion is overruled, it would almost immediately eviscerate abortion rights in large parts of the country specifically in the

south and the midwest. >> this case has consequence, big ones. the fact that the conservative-led court agreed to consider the case suggests that it's poised to, at least at a minimum, scale backcourt precedent. there's also the possibility they reverse it outright. in a separate dispute the court is considering a texas law that bars the procedure after six weeks. the justices have allowed that law to remain in place for three months now which essentially rendered roe v. wade moot in the country's second largest case. let's beginning with cnn justice correspondent jessica schneider. jessica, walk us through what we'll see today and i imagine what we might be able to glean from the questions we hear from the justices. >> reporter: that's exactly what the questions will be, what these conservative justices might think about the possibility of overturning roe v. wade and which might vote for overturning roe v. wade. of course, this will be live

streamed audio only. all eyes and ears on these six conservative justices. the difference between this case and when we heard cases back in 1973, 1992 is now, of course, there is this solid conservative majority. the key question is should roe v. wade be overturned? that's because the mississippi ban that has not taken effect because it's been blocked by lower courts, it bans most abortions after 15 yeeks with limited exceptions. court precedent established the constitutional right for women to obtain abortions and states that states cannot outright ban abortions prior to viability, 22 to 23 weeks. the mississippi attorney general will argue that the court should race this viability line and say mississippi's law is okay because it doesn't unduly burden women in this state since their

argument is the only abortion clinic the state doesn't do abortions by 15 weeks anyway. of course, the abortion providers will get up before the justices and says this is precedent that should not be overruled, that millions of people, millions of women have depended on roe v. wade and casey. but this will send ripple effects across the country. this will change the landscape, erica and jim, because there are at least a dozen states with post roe trigger walls where abortions would be banned in those dozen states immediately. the court will hear arguments starting now. they won't issue a decision for several months. it likely wouldn't be until june when their most consequential decisions are issued. >> jessica schneider, thanks very much. let's discuss the implications with former assistant u.s. attorney kim wehle and former new york city prosecutor paul callan. kim, if i could begin with you, based on the current makeup of the court -- by the way, this is

not by accident. this has been a pipeline of judges through the years in part with the intention of putting judges on the court that might overturn roe. what is the most likely outcome, a trimming back of roe v. wade or perhaps an overturn? >> jim, i honestly don't see much of a trimming back. i think it's either going to be an affirming or an overruling of roe v. wade. this isn't a case where it was pushing the line of viability or tinkering at the edges. this is a straight shot at the heart of roe versus wade itself. they're asking to overturn it. in a cert petition, mississippi stated we're not looking to overturn roe, but once amy coney barrett was putt on the court, that's when the tone shifted.

normally we're talking about balancing, what should the state's interest be as opposed to the women's interests here. the reason i think it could be reversed or overruled is because the very existence of that constitutional right is what's on the chopping block right now. that's pretty unusual. we have a constitutional right that's expected. we're going to now erase it. normally, it's just we're going to say the state has more interest in protecting, the argument is unborn fetal right, number two, women's health and number three, doctors' int integrity. women are 14 times more likely to die through childbirth than through safe abortion procedure. >> paul, given everything kim laid out, if you're arguing against this mississippi law, where are you coming at this from this morning? >> well, you make a clear argument that the supreme court in roe versus wade essentially set down a standard, and that

was viability of a fetus. at viability you can't prohibit abortion after that point in time. at that time it was 28 weeks. since that time they have lowered that because the science has changed to 23 weeks in planned parenthood versus casey. i think in the end this whole debate is going to be not so much about the elimination of roe versus wade and the right to abortion, but when is the appropriate time that you can start to put restrictions on abo abortion. you know, the science is getting a lot better in this area. we know fetuses survive at a much earlier time than maybe they did in 1973 when roe came down. i'm not so sure there will be a ban on roe. >> kim, let me ask you this, if you look at the texas law, for instance, there are no exceptions for rape or incest. where does the law stand on

this? behind the science of liability, the question of a woman's right to chooses under those circumstances. >> right. there's no exceptions for rape or incest with this mississippi law. again, roe versus wade, the right to abortion comes from the 14th amendment to the u.s. constitution which is a post civil war amendment that was designed to address the abuses of enslaving people. families torn apart, forced pregnancies, rape, all those things, physical abuse that was tolerated in america. the 14th amendment was designed to address that. the idea was the 14th amendment encompasses lots of rights, the right to mary, the right to contraception, the right to decide where our children are e educated, the right to our own medical care and the right to tell the state, listen, you can't interfere with my decision to end a pregnancy at a certain time. the ripple effects of this, jim, in my mind from a constitutional standpoint are well beyond roe

itself. i think this conservative court has to have that in mind. >> it will be interesting to see when that comes into play. when they pointed out the 14th amendment, privacy is not specifically listed in there, but noted the right was an absolute. so in terms of the state making that statement on potential life which is really in the third trimester, looking at that, looking at what the implications could be far beyond a woman's right to choose and her access to a safe, legal abortion, paul, what could the dominos be that would fall there? >> i think that if the court does decide to keep roe in place but place more restrictions on the right to abortion, i.e., saying we have to go back to an earlier point in time -- mississippi says it's 15 weeks which i think the court will find that's way too early. i think what you're going to see is a court looking for keeping and upholding the roe decision,

but pushing it back to an earlier point in the pregnancy where a woman has to seek abortion. after that time it will be harder to get abortions in the united states. i would be shocked if they overrule it completely because i think there will be an enormous controversy. you were talking about the right of privacy, that goes back to a connecticut case, griswald versus connecticut. connecticut was trying to ban contraceptives at that time. when the court looked at that law, clearly they thought it was absolutely absurd, but there was nothing explicitly in the constitution about privacy. they said, well, there's a penumbra that comes off other rights, that's the term that's been used to describe it, of the right to privacy. even though it's not mentioned in the constitution. that later would become the basis of roe. roe stands on very sandy ground when it comes to constitutional

doctrine. >> i would disagree with that. griswald was preceded by myer versus nebraska in 1922, 1923 where the court found states can't be german language instruction. the fact that it's enumerates our rights vis-a-vis the government just isn't accurate across many rights that i think we just all assume will be there for us in the morning when we wake up as americans. >> that might be the argument, erica, we hear in that courtroom beginning today. >> could be. interesting to see what the questions are that are asked. we won't have a ruling until likely june. kim wehle, paul callan, thank you. we're keeping a close watch on developments in this story this morning. the sheriff investigating that deadly school shooting in michigan says they have obtained new evidence, and the sheriff believes that will help in the investigation. that evidence pertains to the

15-year-old suspect who is in custody and currently on suicide watch. >> our investigators, they executed a search warrant there, and the detectives that were at the school -- we believe we have some writings that contain some of his thoughts and they're beginning to go through that. those were only picked up in the middle of the night last night when i was talking to some of the investigators. >> meanwhile, more children are dead. this video shows the chilling moments students sheltered in place as the suspect attempted to lie his way into a classroom, it seemed posing as a sheriff, as a first responder. the children didn't buy that, and that's why they ran out the back door. three people were killed, three young people. eight others injured. a 14-year-old girl is on life support this morning following the shooting. just the latest in a series of deadly school shootings in the country. former assistant secretary for the department of homeland

security and cnn security analyst julia keim joins us now. you and i, the three of o us, have discussed events like this many times. one of the questions is, here is a kid who clearly was troubled. he has rightwritings that polic looking at. he got a gun here, semi-automatic. how does that happen? is it legal? in so many cases like this, it ends up the gun was obtained illegally, broot into the school and people get shot. >> two main questions right now, motivation and access. the sheriff seemed to suggest that they have some more information about motivation and what he was writing and what was motivating him. he had enough ammunition going in that i think we can put to rest the notion that this was sort of a targeted attack or was he going after particular students. he had plenty to do more harm.

the second is, of course, the access issue. we've now learned that the father -- i think it's the father, purchased the gun just five days ago so that the student, the killer had access to it from the home. that seems a very tight time frame from an investigation purpose. why did the father buy the gun at that moment? how did the kid have that much access to the ammunition? those are where the investigation will go as they assess the charges against him. >> and the interesting fact, too, the suspect -- there is an actual suspect that's in custody. the fact that he's alive, maybe not giving them a motive, maybe not being as cooperative as they'd like. how much do you think in terms of information will actually be gleaned for him to better understand and ideally stop this from happening in the future? >> this is interesting because

he is alive. i suspect the information flow that we generally see out of this mass shootings where the killer is often killed in those incidents, in this case i think we'll hear a lot less because they have to protect that information because they're going to bring it in court. he may have an insanity defense. they'll determine likely that he'll be tried as an adult. this will feel different. it might go dark for a while, so to speak. on the stopping it the next time, i was saying all day yesterday, we really can't do anything more to protect ourselves at this stage except for focusing on access to goes and motivation. i can't even say the word. this was perfect, right, in the sense of the kids knew what to do, they weren't fooled by his diabolical allegation that he was law enforcement. they had a police officer in the high school. they had done drills and

training with law enforcement. you don't get better, in quotes, in terms of response. i think that shows just the defensive and unproductive nature of how we're addressing school shootings at this stage. >> or what the kids were forced to do. we were showing pictures. they had to stock their chairs and desks to barricade the door to save some lives. three students are dead, to save some lives. the kids had to do that. >> right. >> juliet, thanks so much. a new timeline emerging this morning over former president trump's coronavirus diagnosis. the disturbing timeline ahead. what it reveals about who he held that diagnosis from. as omicron spreads to more countries, the new requirements the cdc is working on for travelers entering the u.s. defying the january 6th committee. another contempt charge looming? we'll speak with a member of that committee ahead.

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former president got a positive covid test result three days before the debate with joe biden and kept it secret. here is the timeline as we know it. on saturday, september 26th, trump hosted the rose garden event for amy coney barrett. very few masks, no social distancing. at least a dozen people who attended that would later test positive. >> thater that evening he made his way to a rally in pennsylvania. as marine one is lifting off for nah event, the white house doctor calls and says to stop him because his test was positive. he was tested again and that test came back negative. they moved on as if nothing had happened. >> the next day trump attended an event with gold star families, families who lost children in combat and holds a news conference in the white house briefing room. on monday, september 28th, he staged another event, this with business leaders at the white

house and held another event in the roses garden, a news conference to talk about, amazingly, his efforts to ramp up covid testing. >> on tuesday, the day of the debate, med does says trump was moving more slowly than usual, but, quote, nothing was going to stop trump from going out there. the host of that debate, fox's chris wallace says trump wasn't tested because he arrived too late. they allowed him on stage due to the honor system. this ask the same event where he made fun of candidate biden for wearing a mask. >> when needed i wear masks. i don't wear masks like him. every time you see him, he's got a mask on. >> of course, two days after that trump tested positive again. alerts the world by tweet. later spends three nights in the hospital getting treatment, advanced treatment. in the last hour, the former

president responded in a statement saying, quote, the story of me having covid prior to or during the first debate is fake news. in fact, a test revealed that i did not have covid prior to the debate. this is just in to cnn, the centers for disease control will provide names for passengers on flights entering the u.s. from southern africa to state and local health departments. this in response to the emerging omicron variant. >> kn's athena jones joining us from newark's international airport. at athena, airports being factored in to the nation's surveillance strategy. >> reporter: the biden administration is considering the stricter testing requirements, all of this in an effort to increase surveillance, looking out for the omicron variant of the coronavirus, but

also for more dominant strain like the delta here in america. this is the sort of thing that dr. rochelle walensky, the cdc director telegraphed to reporters on tuesday. take a listen to what he said. >> cdc is evaluating how to make international travel as safe as possible including pre departure testing closer to the time of flight and considerations around additional post arrival testing and self-quarantine. >> reporter: so under consideration a number of measures including requiring everyone traveling to the u.s. to be tested for covid-19 the day before their flight. currently they have to be tested three days before their flight. another thing being considered is requiring all travelers including u.s. citizens and permanent residents to be tested again once they get home, once they get here to the u.s., regardless of their vaccination status. this is something that's still being debated. there's no final decision yet. of course, this is such a

fast-moving situation globally. so this is the kind of thing that can change quickly. an announcement can be made any day now. we know the president is set to lay out steps his administration will take to fight covid in the course of the coming weeks. one more thing i want to note about what's happening here at newark airport, you can see behind me, it's quiet right now. this is an express check booth. this is where travelers on certain international flights, five flights this is being offered to, can have enhanced screening. it's a free covid test that they can get immediately before arrival. they'll be testing anything that turns out positive for that omicron variant. one more way to keep surveillance on this. >> athena jones with the latest on this. thank you. a reminder cnn is hosting a global town hall to answer your questions about the new omicron variant. joan anderson coop that, dr. sanjay gupta and dr. anthony fauci tonight at 9:00 eastern

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the ability to take on the world. i feel so much better, and i think that that is the key. - san francisco can have criminal justice reform and public safety. but district attorney chesa boudin is failing on both. - the safety of san francisco is dependent upon chesa being recalled as soon as possible. - i didn't support the newsom recall but this is different. - chesa takes a very radical perspective and approach to criminal justice reform, which is having a negative impact on communities of color. - i never in a million years thought that my son, let alone any six-year-old, would be gunned down in the streets of san francisco and not get any justice.

- chesa's failure has resulted in increase in crime against asian americans. - the da's office is in complete turmoil at this point. - for chesa boudin to intervene in so many cases is both bad management and dangerous for the city of san francisco. - we are for criminal justice reform. chesa's not it. recall chesa boudin now. in just hours the house select committee investigating the capitol riot will vote on a criminal contempt referral for jeffrey clark. the panel set to decide whether the former justice department official who pushed election lies to the doj for contempt of congress, all this as former

chief of staff mark meadows staves off a charge of his own. joining me congressman lofton, a member of the judiciary committee and the january 6th select committee. good to have you with us this morning. so in terms of this initial cooperation deal with mark meadows, chairman thompson saying through his lawyer, he's turned over some 6,000 emails. he's agreed to appear for an interview. do you expect him to be forthcoming? do you expect him to show up and answer questions or just show up? >> i think it's not quite accurate to say it's a deal. we subpoenaed him and he's now agreed to come in. we subpoenaed documents and he sent some. so we'll see. i would hope his intention is to answer the questions that we ask truthfully. i'm glad that he appears to have come off his prior position which was that he had absolute immunity and couldn't be asked anything. so i think we're making

progress. but we'll see. >> so not a deal, but can we say it's a tentative agreement? it's my understanding -- >> it wasn't really an agreement. he's responding as he is supposed to, and we'll see how broadly his compliance is. we don't know that yet. >> in terms of what constitutes privileged information when it comes to mark meadows, where does the agreement stand between the committee and his legal team? >> as i say, there's not really an agreement. he may make assertions of privilege and then we will consider whether those assertions are valid or not and make a ruling. >> but nothing has been settled on at this point in terms of any of those claims of privilege? >> no. everything is on the table. i think there's been some acknowledgment through his attorney that clearly a number of the questions that we --

areas that we want to pursue have no possible assertion of privilege associated with them. we may have disagreements or discussion about some others. we'll just have to say. >> what specifically are some of those questions? what are some of those areas you'll be asking? >> i don't want to get into all of what we're going to ask him at this point, but, as you know, we want to find out everything there is to know about not only what happened on january 6th but the days leading up to january 6th, how was this devised, how was it funded, who did what, what did the president know, when did he know it, what role did he play, what role did mr. meadows play, did they coordinate with others before the riot, the assault on the capitol occurred. we don't know the answer to all those questions. we'll be trying to find out the truth and we'll share the truth we discover with the american

people. and, i'll also add, it may also give us some insight into what legislation we need to propose to make sure something like this can't happen again. >> two other points i want to get your take on, as i mentioned off the top, the committee set to vote today in terms of jeffrey clark, whether to refer him to the doj for criminal contempt. how do you plan to weigh in on that? how will you vote? >> i want to see if there's anything further -- any further information. based on what's happened so far, i think it's pretty clear that he has failed in his obligation to respond to the committee. i was participating in the interview, and he basically came in, his lawyer handed a letter saying we're not going to answer any questions, and they left. that's not compliance with the subpoena. now, they've just sent a very

long letter that i've read through that just seems like frivolous, honestly. but i want the lawyers on the committee staff to give us their advice. no one is above the law here. it's worth pointing out that his superiors in the department of justice have already come in to be interviewed by the committee. so why he thinks that he is above the law is really a mystery to me. >> can you tell us more about what was in that letter you just referenced? >> not at this point. it's a very long letter. i don't want to misstate it. but it's frivolous. one of the issues is we're not partisan enough in the committee. it's been a burden to be on this committee, but the good thing is that every member of the committee is operating in a collegial way. you don't have, as you often see in congressional committees, republicans and democrats

throwing bricks at each other, no. we're obviously in different places in terms of our being a conservative or not a conservative, but that has nothing to do with our search for the truth. this is the way committees ought to work with a unified group of congress members and the staff that is unified with one mission, to uncover the truth. >> we are out of time. really quickly, there's been some criticism about how the doj is or is not responding at this point. if, in fact, jeffrey clark was referred for criminal contempt, do you think the justice department would act? >> well, that's up to them. they have to go through the facts and the law. >> but do you feel based on what you've seen that they would? >> well, they did bring an action against mr. bannon, and i think this -- that shows that they are taking this seriously. we're not a prosecuting body. we're a legislative body, so we're going to make our best

determination and do a referral. we wouldn't do a referral if we didn't think it was valid. >> congresswoman sew lofgren, appreciate your time. >> you bet. right now oral arguments continue inside the nation's highest court in a case that could change the future of abortion access across this country. we're going to bring you the latest coming up. what's strong with me? i know when i'm ready for a rest day. ...so i can be ready for anything... tomorrow. find out what's strong with you with fitbit sense and daily readiness. firefighter maggie gronewald knows how to handle dry weather... ...and dry, cracked skin. new gold bond advanced healing ointment. restore healthy skin,

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right now a consequential case that could reshape abortion rights in the united states. this morning the supreme court is hearing arguments in mississippi's push to ban abortions after 15 weeks with very few exceptions, and that is directly putting the future of roe v wade in jeopardy. >> back with former assistant u.s. attorney kim wehle and new york city prosecutor paul callan. there was a moment a few moments ago where justice sotomayor raised the issue that the mississippi lawmakers who proposed this law said in public they did so because there was a new conservative majority on the court. have a listen and we'll get your reaction. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? if people actually believe it's

all political, how will we survive? how will the court survive? >> justice sotomayor, i think the concern about appearing political makes it absolutely imperative that the court reach a decision well grounded in the constitution, in text, structure and goes along with the stare decisis factors. >> casey did that. casey went through every one of them. you think they did it wrong. that's your belief, but casey did that. >> kim, you know the law better. what's your view on that? by the way, i remember during all these justice's confirmation hearings them saying, yes, of course i'll respect precedent. seems like that's an open precedent. >> sotomayor, justice kagan and even chief justice roberts are hammering the idea of stare decisis.

chief justice roberts asked counsel, what is the test for this? how do we know this is wrong today, then. it's been on the books for a long time. justice sotomayor also emphasized, listen, there's a lot in the constitution that's vague. our ability to decide what the constitution means goes back to marlboro versus madison. the last piece she said is what is the state's interest except for religion. this idea of when life begins is something philosophers and religious leaders have thought about for centuries. this is not something that the state can say it knows better than women. it's really a compelling exchange with sotomayor. >> i have to say following along on twitter, it is fascinating the tidbits being put out there. we're not able to listen to it at the moment. paul, based on what we're learning, in terms of the questioning and the responses, how are those responses landing? >> it's interesting, judge sotomayor is -- she sounds very, very aggressive and angry about

what's happening in this argument. of course, she's part of the three liberal sort of minority that still exists on the court. she's being very decisive in her questioning about this. one of the other issues that has been raised as a result of sotomayor's questioning, even judge roberts came in and said, hey, when this case was submitted to us, there was never a question that roe would be something that we were considering overturning. it was only coming to us on the issue of when is viability a fair factor, and how do we judge viability of the fetus. it sounds like judge roberts is more inclined to keep roe in place and only tinker with this case around the edges. >> well, we'll see where the other five go. it wouldn't be the first case roberts sided with the liberal justices, we're still overruled by the more conservative justices. kim wehle, paul callan, thanks

very much. struggling to keep the republican party unified. the latest public feud between lawmakers playing out on twitter. how this could spell trouble for house minority leader kevin mccarthy coming up. sales, they are doing extra cash back, there's coupons. it's just deals on top of deals. you're stacking your savings. i'm definitely going to use rakuten for my holiday shopping, i got a lot of family, so i might as well get some cash back. it's so easy and the best way to start off the new year. sign up today and get cash back at rakuten.com cha-ching! lisa here, has had many jobs. and all that experience has led her to a job that feels like home. with home instead, you too can become a caregiver to older adults. apply today.

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house minority leader kevin

mccarthy held separate meetings with marjorie taylor greene and nancy mace urging them to end their public feuding. moderates fear this threatens their efforts to win back the majority next year. cnn political commentator ana navarro joins me now. i want to begin with the anti-muslim comments. boebert did this not once, but twice, uncovering video of her making the intimation that being on the elevator with omar, she might be some kind of suicide bomber. tough question. does that indicate that stations like this are not accidents or outliers, but deliberative that someone such as boebert sees a political advantage in making such offensive comments about mugs limbs? >> of course she does. she was saying that in the middle of a political event. she was saying them in the middle of fund-raising. she uses it as some sort of lame

recycled standup routine to make people laugh. it is pathetic. first, it's not funny. it's offensive. it's outrageous. but that's what these women live off, the marjorie taylor greenes, tb boeberts, the bigot barbies. they live off outrage and how do i get myself attention and in the lime night by saying something offensive, ridiculous and stupid. >> speaking of offensive and ridiculous and stupid, i want to talk about another portion of this very public and sometimes juvenile exchanges. marjorie taylor greene took aim at mace claiming that mace is pro abortion. it want to play some sound here relevant to that. >> i was raped when i was 16. i dropped out of school and it had a devastating impact on my life. most of america agrees with me

on the protections for the victims of incest and rape. i have a zero tolerance policy for people like marjorie taylor greene who thinks 9/11 is a hoax and has been lying about my record and others. >> greene appears to be calling mace pro abortion. mace was raped when she was in college. this is a remarkable depth to go to. i just -- is there a bottom to this? >> no, there is not. i think republicans, republican donors, elected officials have to look at themselves and say can they still call themselves the party of family values and christian values. they have no bottom. they're on in a contest of limbo rock. how low can they go?

you have paul gosar tweeting out violent animes against joe biden and killing alexandria ocasio-cortez. marjorie taylor greene going after the 13 republicans who voted for a bipartisan infrastructure bill, going after mace. and you've got ted cruz trying to fight with anybody who will listen and who's got a pulse in hopes of getting some attention. it is pathetic. it is unseemly. it has no place in congress. jim, you've got kids. if your kids were behaving this way at school, the principal would call them, would call you and they'd probably be suspended or expelled. if they were behaving this way in any other workplace, if there was this level of toxicity and threats to colleagues, they would be fired and rightly so. there's got to be an end to this happening in congress. children are watching. the world is watching, and these

people are behaving like if they were raised by wolves. >> listen, i have to deliberately sensor those comments. >> let's think about this. we've heard the death threats against ilhan omar. we've heard on tape, the voice mails, the death threats against the 13 republicans that voted for the bipartisan infrastructure bill. just this week, congresswoman debbie dingell's office in dearborn, michigan, was broken into and vandalized. what needs to happen? what more violence needs to happen for kevin mccarthy to grow a backbone and put this under control? or is he going to continue to be the pus lamb nous coward held hostage by these out-of-control banshees? what's the point of being

speaker and leader if you've got no leader and no spine. >> we saw the violence on january 6th. ana nah regard row, thanks so much. thanks so much to all of you for joining today. a busy news day. i'm jim sciutto. >> i'm erica hill. "at this hour with kate bolduan" comes your way after this short break. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health.

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good morning everyone. i'm kate bolduan. we do begin with breaking news. a monumental moment at the supreme court right now. a woman's constitutional right to an abortion faces its biggest challenge in decades. at this hour, at this moment the high court is hearing oral arguments in a case with the potential to completely throw out this constitutionally protected right first established by roe versus wade in 1973. the court is considering a challenge to