Justice Kagan

You said that as the law is now, under your interpretation of it, Texas is allowed to set much, much higher medical standards, whether it has to do with the personnel or procedures or the facilities themselves, higher medical standards, including much higher medical standards for abortion facilities than for facilities that do any other kind of medical work, even much more risky medical work.

Mr. Keller

Correct, in this Court’s ­­in Simopoulos.

Justice Kagan

And I guess I just want to know why would Texas do that?

Chief Justice Roberts

I’m sorry. When you say you’re crushing the goals, that means you’re meeting them?

Justice Scalia

I wrote it. I just don’t remember.

(Laughter.)

Justice Scalia

Do you know how many cases I’ve written?

Justice Scalia

I join The Chief Justice’s opinion in full. I write separately to call attention to this Court’s threat to American democracy.

Justice Scalia

But what really astounds is the hubris reflected in today’s judicial Putsch.

Justice Scalia

You think man means women, right? Never mind.

Justice Scalia

Right, you’re on the principle that life is not fair, right?

Mr. Brockman

Life is not fair. Maryland taxes are.

Justice Scalia

Well, religious beliefs aren’t reasonable. I mean, religious beliefs are categorical. You know, it’s God tells you. It’s not a matter of being reasonable. God be reasonable? He’s supposed to have a full beard.

Ms. Mizner

Well, this Court has espoused a warrant presumption...

Justice Scalia

Well, but that — that presumption is — is simply not — you don’t believe that presumption, do you?

Mr. Rosenthal

But we’re not—we’re not dealing with that hypothetical.

Justice Scalia

I know we’re not. That’s why it’s a hypothetical.