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Civics 101

Precedent and the Leaked Draft SCOTUS Opinion

Civics 101

NHPR

Society & Culture, Government, History

4.22.6K Ratings

🗓️ 10 June 2022

⏱️ 24 minutes

🧾️ Download transcript

Summary

A leaked draft opinion in a Supreme Court case about abortion reveals that a majority of the justices were, at the time of this draft's release, in favor of overturning the precedent set in Roe v Wade that protected abortion access.  In our recent episode on judicial precedent, we talked about how the Supreme Court interprets the law, and how precedent gives that interpretation power, ensuring the law is applied equally to everyone. We also talked about how and why the Supreme Court might reconsider, modify, or overturn its own precedent. In this episode, we look at how the draft opinion treats precedent, and how that differs from the way the Supreme Court has treated precedent in the past, including in decisions about abortion. And we talk about the impact this could have, should this draft opinion become final, both on the Supreme Court, and on society.  We talk to Nina Varsava, a law professor at University of Wisconsin, Madison who studies judicial precedent, and wrote the article, "Precedent on Precedent," and Rachel Rebouche, a law professor at Temple University who specializes in family law, health care law, and comparative family law, and has written about the potential impact of overturning Roe v Wade.  PS, want to score a cool new Civics 101 sticker and a $500 Airbnb gift card? Donate to the show! You'll support us and maybe you can go rent an idyllic cabin in Norway. CLICK HERE: Visit our website to see all of our episodes, donate to the podcast, sign up for our newsletter, get free educational materials, and more! To see Civics 101 in book form, check out A User's Guide to Democracy: How America Works by Hannah McCarthy and Nick Capodice, featuring illustrations by Tom Toro. Check out our other weekly NHPR podcast, Outside/In - we think you'll love it! Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Hey everybody, it's about to be really apparent, but I am tracking this with a bad cold.

0:05.6

Life happens.

0:10.1

The Supreme Court is an institution.

0:12.7

An institution with over 230 years of weighty decision making.

0:17.6

The court said separate educational facilities are inherently unequal.

0:23.8

Now many of these decisions happen without the majority of people in the United States

0:28.0

paying much attention, but every once in a while you get a landmark.

0:32.6

Richard and Mildred Loving have won the right to be man and wife, father and mother in the

0:37.2

state of Virginia.

0:38.6

Anti-missage nation laws have been declared illegal, not owned.

0:41.4

A decision that fundamentally alters lived experience.

0:45.2

That has widespread legal implications.

0:47.8

The throws the nation into heated debate or celebration.

0:51.0

Where we have read from the bench, there is a right to marriage equality.

0:54.4

I repeat, speaking to you from the steps of the Supreme Court, there is a right to

0:57.8

marriage equality, right to marriage equality.

1:00.3

It's decisions like these that people either come to depend on or commit their lives to

1:05.8

working against.

1:06.8

Oh come on, there's a broom court changing its mind.

1:10.3

According to an initial draft majority opinion written by Justice Samuel Alito, circulated

1:15.4

inside the court and obtained by Politico, the Supreme Court has voted to strike down the

1:19.9

landmark Rovers' way decision.

...

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