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What Next | Daily News and Analysis

The Supreme Court Tips Its Hand

What Next | Daily News and Analysis

Slate Podcasts

News, News Commentary, Daily News

4.32.4K Ratings

🗓️ 4 May 2022

⏱️ 31 minutes

🧾️ Download transcript

Summary

This week, Politico published a shocking leak from within the Supreme Court, indicating that a majority of the judges have voted to overturn Roe v. Wade. Beyond who leaked the draft opinion, questions remain about what the rollback of the landmark constitutional law will mean for abortion rights in America.  Guest: Dahlia Lithwick, Slate courts and law writer and host of the podcast Amicus. If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Dear Prudence—and you’ll be supporting the work we do here on What Next. Sign up now at slate.com/whatnextplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

There's gift I've ever received has to be a bike when I was younger, a pedal bike.

0:07.0

It was a sort of slick little road bike and I remember it was all like it was so it was all wrapped up

0:12.7

but it was so obvious what it was obviously because nothing shaped like a bike and I had a little ribbon on it

0:16.4

and I was so guest. For that was a life changer and I'm still sort of big on cycling around my area now

0:21.6

so for that one change me a little.

0:23.8

Joy in every sip with red cups now back at Starbucks.

0:35.8

Slates, Dahlia Lithwick didn't expect to be talking about a Supreme Court opinion this week.

0:41.8

She was off to a conference but then you know my phone started going ping ping ping ping ping

0:47.8

and like most people I just I really thought my first impulse was Politico got worked.

0:55.8

It's just not possible because this has never happened.

0:59.8

And the leaked opinion that Politico dropped this week is big.

1:05.8

Just as Samuel Alito arguing that Roe vs Wade, the president that makes getting an abortion legal in this country,

1:12.8

should be overturned.

1:14.8

To see in 98 page draft opinion with all the appendices with the stamp of the court on it in advance of a decision day is absolutely unprecedented.

1:28.8

Yeah it was a tremendous flex to drop the entire draft opinion because you can't look at it and not think like oh yeah that's a draft opinion.

1:38.8

Yeah I want to be really clear I mean I've known Josh Gerstein for a long time.

1:43.8

Josh Gerstein, he's the guy who reported this.

1:45.8

He's one of the two at Politico who published it and my after my first thought which was this can't be true was if Josh has it you know this is a credible enough source for me.

1:58.8

And as you say once you looked at it this was meticulously researched this is not you know if somebody was doing a deep fake this was an extraordinary deep fake.

2:08.8

Dear listener this was not a deep fake the Supreme Court confirmed that this opinion while not final is the real deal drawn up back in February and passed around the court.

2:19.8

It decides a case called dobs vs Jackson women's health it upholds Mississippi's 15 week abortion ban.

2:27.8

These first draft opinions are like opening bids right I mean so you go for broke because you put in everything you want with the understanding that as you go through the editing process you know one of the justices in the majority is going to say I just can't live with that footnote it's got to come out or you know that language in page four is too strong.

...

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