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What Roman Mars Can Learn About Con Law

66- After Dobbs

What Roman Mars Can Learn About Con Law

Roman Mars

Government

4.84.1K Ratings

🗓️ 29 June 2022

⏱️ 41 minutes

🧾️ Download transcript

Summary

The Dobbs v. Jackson Women's Health Organization decision has overturned Roe v. Wade and revoked the right to abortion, a Constitutionally guaranteed right we have had for about 50 years. What happens now?

Transcript

Click on a timestamp to play from that location

0:00.0

So we are talking on Saturday morning June 25th.

0:03.5

It is one day after the Dops decision that's been anticipated was released.

0:08.9

And so what did you specifically want to talk about today?

0:13.0

Well, let's start from the basics again, right?

0:15.8

So remember that for almost 50 years,

0:18.9

there has been a constitutionally protected right to an abortion throughout the United States.

0:23.9

In 1992, the Supreme Court reaffirmed that the right to an abortion existed and was protected as a matter of constitutional law.

0:32.9

It also made clear that there were limits.

0:34.9

So after 1992, states could ban abortions after what it called the point of viability.

0:41.9

That's when the fetus could live outside of the womb.

0:44.9

And even then, states had to allow exceptions to save a person's life or health.

0:50.9

And the Supreme Court had said that abortion is a constitutionally protected right in the same way that rights about marriage, family and private relationships are protected.

1:02.9

They're all part of the liberty that's guaranteed to us from the Constitution's guarantee of due process.

1:09.9

Or as the court once put it, the Constitution protects the freedom to make intimate and personal choices that are central to personal dignity and autonomy.

1:21.9

But that idea about recognizing this family of rights has never been a favorite of the conservative justices on the court or really any conservative judges or lawyers.

1:33.9

So on June 24th, as you mentioned, the US Supreme Court decided to overturn Roe versus Wade and plan parenthood versus Casey.

1:42.9

Those are the two most important cases that recognized constitutionally protected abortion rights.

1:48.9

There is no longer such a right under the Constitution.

1:51.9

Now, the court didn't have to do that.

1:54.9

The case of dobs versus Jackson women's health was a challenge to a Mississippi state law that banned abortions after 15 weeks of pregnancy.

2:04.9

So the Supreme Court could have said that this particular state law was constitutional and left it at that.

2:11.9

But the conservative majority on the court, the one solidified by the last three Trump appointees made the decision to go further.

...

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