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The Dershow

The overruling of Roe is unconstitutional

The Dershow

Alan Dershowitz | Kast Media

News, Politics

4.41.9K Ratings

🗓️ 28 June 2022

⏱️ 30 minutes

🧾️ Download transcript

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Transcript

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0:00.0

Welcome back to the Dershow, half the country seems to think that Roe vs. Wade was properly

0:10.4

overruled, half the country seems to think that Roe vs. Wade was corrected and shouldn't

0:15.4

have been overruled.

0:18.5

I have a different point to view.

0:20.9

What I'm going to argue is that the decision whether to overrule Roe vs. Wade was improperly

0:28.0

that the Supreme Court acted unconstitutionally in even deciding the issue of whether Roe vs. Wade

0:37.6

is constitutional or unconstitutional.

0:39.5

It may sound a little technical to the heart of our Constitution.

0:43.4

The Constitution limits the judicial power to cases and controversies.

0:48.3

And those of you who are conservatives out there said that for years you're against

0:52.6

judicial activism, you're in favor of judicial restraint, you don't want activist judges,

0:57.2

you don't want judges to make decisions that aren't necessary.

1:01.0

Well, this decision was not necessary.

1:04.1

The only issue, properly before the court, the issue on which surgery was granted,

1:08.6

review was granted, was whether Mrs. Tipi's 15-week man, that is, 15 weeks you couldn't get

1:16.8

an abortion in Mississippi, whether that's constitutional or unconstitutional, as she

1:21.6

just as Robert said, that's all the court had to decide.

1:26.0

Yes, after the surgery was granted, Mrs. Tipi changed its tune and engaged basically in what Chief

1:34.9

Justice Roberts called them a tactical or a gambit.

1:38.4

Oh no, we changed our mind now and now we want you to overrule Roe vs. Wade.

1:42.2

But it was absolutely unnecessary.

1:44.8

It was as if the day barrett, Justice Barrett got confirmed and they started counting noses

...

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