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🗓️ 4 May 2022
⏱️ 31 minutes
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0:00.0 | Welcome back. It's episode 154, the Hoover Institution's Law Talk podcast, a special edition that we were not planning on. So I will dispense with the usual intro and just knows that I'm Troy Sennick here with the normal crew, Professor Richard Epstein of NYU Law, the University of Chicago and the Hoover Institution, and Professor John Yoo of UC Berkeley, AI and the Hoover Institution. |
0:28.8 | And fellas, in the over a decade that we've been doing the show, I think there have only been maybe two other occasions where we've dropped everything to throw a show together. |
0:39.1 | Best I can recall, those were the Supreme Court ruling on Obamacare and the death of Justice Scalia. |
0:45.7 | But we've got a story on our hands, basically unlike anything we've ever seen. |
0:51.9 | So for months now, there has been anticipation of what was going to come |
0:56.1 | out of the Supreme Court case out of Mississippi on abortion, universally recognizes the first |
1:01.2 | big challenge to Roe v. Wade before a court that now has enough conservatives on it to pose a real |
1:06.9 | danger to that precedent. In the oral arguments in this case, a few months ago, |
1:11.5 | suggested that danger was very real. And now we get word of how the court is thinking about the |
1:17.4 | case, but not on the court's own terms. So last night, Politico drops was probably one of the |
1:24.2 | biggest journalistic scoops of all time. Not only do they report that five |
1:28.3 | justices on the Supreme Court are going to vote to overturn Roe and Casey. This is all the Republican |
1:34.5 | appointees minus Chief Justice Roberts, but they also obtain and post for public consumption, |
1:40.8 | the 98-page draft opinion written by Justice Alito. |
1:46.0 | John, before we even get to the substance of this, you're a former Supreme Court |
1:50.7 | clerk and indeed have argued before on this very show that one of the hallmarks of the |
1:56.1 | Supreme Court's professionalism and one of the things that keeps it above the fray is that things like this don't |
2:02.8 | happen. And you're already seeing people say, people who are critical of this perspective |
2:07.1 | decision mostly, who cares about the stupid leak, given the gravity of what was leaked? Why should |
2:13.8 | people care? What does this mean to the Supreme Court? And what are the appropriate |
2:17.6 | consequences for the actual leaker? It's important. And thanks, Troy, for pulling this together |
2:24.3 | in just a few hours. I think it's, as you say, I think it's as equally important as |
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