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We the People

Supreme Court Hears Texas Abortion Case

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 5 November 2021

⏱️ 60 minutes

🧾️ Download transcript

Summary

This week, the Supreme Court heard oral arguments in two challenges to S.B. 8. S.B. 8 bans almost all abortions in the state of Texas by allowing anyone, including people who do not live in the state, to bring a lawsuit in state court against anyone who performs an abortion after six weeks, or helps to make one possible. Leaving enforcement to the populace raised a unique procedural question in this case: who should be sued over the Texas law? In this episode, we unpack that question and the complex issues in these cases, and recap the argument including the questions asked by the Supreme Court justices. Host Jeffrey Rosen is joined by Miriam Becker-Cohen, Appellate Counsel at the Constitutional Accountability Center who co-authored briefs in support of the abortion provider Whole Women’s Health and the Biden administration, and Stephen Sachs, the Antonin Scalia Professor of Law at Harvard Law School who has covered these cases for the legal blog The Volokh Conspiracy. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0

Hello friends. I'm Jeffrey Rosen, president and CEO of the National

0:06.4

Constitution Center and welcome to We The People, a weekly show of

0:09.8

constitutional debate. The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution among the American people.

0:21.0

This week, the Supreme Court heard oral arguments in two challenges to a Texas law that bans abortion

0:30.1

after six weeks.

0:32.1

Today we will unpack the complicated procedural issues in the case

0:36.4

and I'm joined by two of America's leading experts on the case who are so well

0:42.3

equipped to help all of us understand the procedural stakes.

0:46.7

Miriam Becker Cohn is appellate counsel at the Constitutional Accountability Center.

0:51.5

She co-authored a brief on behalf of

0:53.3

CAC in both cases in support of the petitioners, the abortion

0:57.2

provider of Whole Women's Health and the

0:59.3

Biden administration. Miriam, thank you so much for joining. Thank you so much for having me Jeff.

1:05.0

And Stephen Sachs is the Antonin Scalia Professor of Law at Harvard Law School.

1:10.0

He has covered these cases for the legal blog,

1:13.0

the Vulla conspiracy.

1:14.4

Stephen, it's great to have you back on the show.

1:17.1

Good to be here.

1:18.5

Let's begin with the Whole Woman's Health

1:22.4

versus Jackson case.

1:25.0

Miriam, in the Constitutional Accountability Center's brief,

1:30.0

you argued that to accept Texas's argument that it's not possible to file a

...

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