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Brian Lehrer: A Daily Politics Podcast

SCOTUS Overturns Roe: Legal Analysis & Listener Reactions

Brian Lehrer: A Daily Politics Podcast

WNYC Studios

History, Politics, Public, 2020, Journalism, News, Wnyc, News Commentary, Daily News, Brian, Lehrer, Radio, Daily, Election

4.4675 Ratings

🗓️ 24 June 2022

⏱️ 28 minutes

🧾️ Download transcript

Summary

Today, the Supreme Court overturned the landmark case Roe v. Wade, meaning that the right to an abortion is no longer constitutionally protected.

Transcript

Click on a timestamp to play from that location

0:00.0

This is Brian Lair's Daily Politics Podcasts from WNYC Studios. It's Friday, June 24th.

0:14.6

I'm Bridget Bergen from the WNYC and Gothamist Newsroom, filling in for Brian, who's off today.

0:20.1

This morning's Supreme Court's decision to overturn Roe v. Wade

0:24.3

when Justice Samuel Alito wrote for the majority in the case,

0:28.1

Dobbs v. Jackson Women's Health Organization.

0:31.1

He summarized the opinion with, quote,

0:33.7

the Constitution does not confer a right to abortion.

0:44.4

Roe and Casey are overruled, and the authority to regulate abortion is returned to the people and their elected representatives.

0:56.6

We're joined once again by Emily Bazelon, a staff writer for the New York Times Magazine, co-host of Slate's Political Gab Fest podcast, and Truman Capote Fellow for Creative Writing in Law at Yale Law School. Emily, thanks so much for joining me. Thanks for having me.

1:04.0

Emily, aside from the sheer shock of the ending of an established right, what stood out to you

1:10.6

about Justice Toledo's decision?

1:13.9

Well, one thing that was really interesting is that in most ways, I think it tracks the

1:18.3

draft that was released earlier, and that draft was from February, and I think there was a question

1:24.9

about whether it would be softened in some way. I don't really see that.

1:29.7

It is just a real takedown of the basis for the constitutional right to abortion.

1:36.4

Alito's opinion claims that it is only about the constitutional right to abortion

1:41.6

and not also about other important decisions like the

1:45.9

protection for same-sex marriage that the court has also issued based on what's called

1:50.8

substantive due process in the 14th Amendment. But there's really no guarantee that it will be

1:55.9

limited to these facts. And these facts are a very big deal, especially for American women. Can you talk about how he

2:04.5

explained overturning precedent? Yeah. This court has a principle called stare decisis that leads it to

2:12.7

usually respect its previous decisions and the ideas that people depend on law for stability and for

...

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