The fragility of unenumerated rights
On Point with Meghna Chakrabarti
WBUR
4.3 • 3.9K Ratings
🗓️ 31 May 2022
⏱️ 49 minutes
🧾️ Download transcript
Summary
Justice Samuel Alito’s draft opinion on abortion shows the Supreme Court could overturn Roe v. Wade on the basis that abortion is “not deeply rooted in the nation’s history and traditions.” We look at the fragility of unenumerated rights. Kenji Yoshino and Jack Beatty join Meghna Chakrabarti.
Transcript
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| 0:00.0 | Support for this podcast comes from Geico. |
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| 0:18.9 | This is on point. |
| 0:27.4 | I'm Megna Chakrabardi. |
| 0:29.2 | What are unenumerated rights? |
| 0:32.8 | Put simply, they are commonly held rights |
| 0:35.3 | not explicitly written into the text of the Constitution. |
| 0:40.0 | However, they may be so commonly accepted |
| 0:42.6 | that explicit enumeration in the Constitution isn't required. |
| 0:48.3 | But of course, how do you define what's commonly |
| 0:52.1 | accepted in a diverse democracy? |
| 0:55.4 | Well, the justices of the United States Supreme Court |
| 0:58.4 | have often turned to a particular measure. |
| 1:02.0 | And it's that belief that's central to just a Samuel Alito's |
| 1:05.8 | leaked draft opinion that signals the court's willingness |
| 1:09.0 | to overturn Roe v Wade. |
... |
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