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Advisory Opinions

The End of Roe and Casey?

Advisory Opinions

The Dispatch

News, Politics, Government

4.83.6K Ratings

🗓️ 2 December 2021

⏱️ 70 minutes

🧾️ Download transcript

Summary

It's an almost-all-Dobbs podcast, as David and Sarah discuss the oral argument that surprised the nation. Could Roe v. Wade and Planned Parenthood v. Casey actually fall? David and Sarah talk about the court's decision-making process from here and the history of judge-flipping post-argument, and they identify the key moments in yesterday's argument. Also, they give their listeners a vital challenge--and if they can meet that challenge, then Advisory Opinions will be the indisputable flagship of the Dispatch podcast fleet. Listen to learn what the challenge is.

Transcript

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0:00.0

Welcome to the Advisory Opinions Podcast. This is David French with Sarah Isger and a special

0:09.1

Dobs edition Dobs oral argument edition of advisory opinions. We've been bombarded with

0:16.2

emails Sarah saying where's the emergency pod? But truth be told that would not be very

0:22.5

dispatched. You know, at the dispatch we got a chew on it for a minute, think about it for

0:28.1

a minute. So consider this the non-emergency pod, but really the beginning of the analysis.

0:37.9

But before we get to it, before we get to it, Sarah, husband of the pod, Scott just

0:44.8

won a big victory against a dumb Texas law. That's true. That's true. So the Texas social

0:52.1

media bill that was quite similar to the Florida one that we've talked about before that

0:57.3

was in short trying to ban any social media from the state that discriminated against

1:06.5

conservative viewpoints, which is clearly content based. Scott, husband of the pod represented

1:15.8

the trade association for the social media companies and won that injunction in Texas.

1:22.0

So got to get that, you know, when we get close to the pod victories, we got to acknowledge

1:27.5

them. I would say the argument was on the Monday after Thanksgiving, which made our Thanksgiving

1:36.5

probably quite different from other people's.

1:40.0

Well, so let's, I know I just wanted to acknowledge that. Give a tip of the cap, give a tip

1:48.6

of the cap to Scott, but let's move on to Dobbs. So oral argument yesterday, there has

1:54.3

been an enormous amount of commentary surrounding the oral argument. We're going to add to it

1:59.8

and we're going to do it in this structure. So what we're going to do first is Sarah's

2:04.0

going to tell you what's going to happen next. So what are the steps from here at the

2:09.4

court? I'm going to throw in a little bit of historical perspective there. Then we're

2:13.9

going to go to general impressions of the argument and then we're going to go to specific

2:18.0

moments. So we're going to actually have a real structure here. So Sarah, the argument,

...

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