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: But what really astounds is the hubris reflected in today’s judicial Putsch.
Justice Scalia: Right, you’re on the principle that life is not fair, right?
Mr. Brockman: Life is not fair. Maryland taxes are.