E79: Analyzing the leaked draft overturning Roe v. Wade with Amy Howe and Tom Goldstein
- May 6, 2022
- 1:25:54
- Full Episode
0:00 Amy Howe (@AHoweBlogger) & Tom Goldstein (@SCOTUSblog) join the show to break down the leaked draft overturning Roe v. Wade 28:07 Potential downstream impacts from the precedent of overturning Roe v. Wade 43:03 How will the leaked draft impact the Supreme Court going forward? Should there be age limits for SC justices? 1:05:09 Analyzing the path forward
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Referenced in the show: https://www.documentcloud.org/documents/21835435-scotus-initial-draft https://tile.loc.gov/storage-services/service/ll/usrep/usrep410/usrep410113/usrep410113.pdf https://supreme.justia.com/cases/federal/us/505/833/case.pdf https://www.washingtonpost.com/politics/2022/05/04/abortion-supreme-court-confirmation-hearings https://en.wikipedia.org/wiki/Donald_Trump_Supreme_Court_candidates https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf https://www.wsj.com/articles/abortion-and-the-supreme-court-dobbs-v-jackson-mississippi-john-roberts-11651009292 https://beyer.house.gov/news/documentsingle.aspx?DocumentID=5330 https://www.law.nyu.edu/sites/default/files/ECM_PRO_059254.pdf https://news.gallup.com/poll/350486/record-high-support-same-sex-marriage.aspx https://news.gallup.com/poll/1576/abortion.aspx
Brief Summary
Experts discuss the implications of the leaked Roe v. Wade draft opinion and its potential impact on abortion rights and related issues.
Key points
- Roe v. Wade's Constitutional Debate. The podcast delves into the implications of Roe v. Wade and its potential overturning.
- The Role of the Supreme Court. Exploring the Supreme Court's function in interpreting laws and the Constitution.
- The Supreme Court's Role. The Supreme Court's interpretation of laws can shift based on its composition and public sentiment.
- Majority Opinion on Abortion Rights. A significant portion of the country feels abortion rights are under threat, leading to widespread anger.
- Potential Implications for Other Rights. The overturning of Roe v. Wade could challenge other rights, including same-sex marriage.
- Political Perception of the Court. The Supreme Court's perceived impartiality has shifted, leading to concerns about its political bias.
Episode highlights
- Roe v. Wade's Constitutional DebateThe podcast delves into the implications of Roe v. Wade and its potential overturning.“There's a constitutional right to an abortion up to an appoint.”4:30May 6, 2022
- The Role of the Supreme CourtExploring the Supreme Court's function in interpreting laws and the Constitution.“The Supreme Court's job is to interpret the Constitution.”12:46May 6, 2022
- The Supreme Court's RoleThe Supreme Court's interpretation of laws can shift based on its composition and public sentiment.“Only the Supreme Court can say what the law is.”22:39May 6, 2022
- Majority Opinion on Abortion RightsA significant portion of the country feels abortion rights are under threat, leading to widespread anger.“A large group of the country feels this is the opposite of what we want.”24:12May 6, 2022
- Potential Implications for Other RightsThe overturning of Roe v. Wade could challenge other rights, including same-sex marriage.“Those rights are also not in the constitution, rest on the same principle.”29:15May 6, 2022
- Political Perception of the CourtThe Supreme Court's perceived impartiality has shifted, leading to concerns about its political bias.“It feels like the one institution that was above politics.”36:48May 6, 2022
- The Supreme Court's Internal DiscussionsJustices are debating the implications of potential rulings on abortion and Miranda rights.“Things are still in play behind the scenes.”46:05May 6, 2022
- Leaked Opinions and Their ImpactA leak to the Wall Street Journal suggests five justices voted to overturn Roe v. Wade.“This is really happening, we're not kidding!”49:33May 6, 2022
