What Next: Abortion Can’t Be Settled by the States

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Slate Podcasts

News, News Commentary, Politics

4.6 • 6K Ratings

🗓️ 19 September 2022

⏱️ 30 minutes

🔗️ Recording | iTunes | RSS

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Summary

For years anti-abortion activists have argued that Roe v. Wade wasn’t just immoral, it was federal overreach, and abortion laws should be written on the state level. Only months after Roe’s overturn, district courts are hearing cases that demonstrate why that won’t work—and Republican senators are proposing a national ban on abortions after 15 weeks. Guest: Mark Joseph Stern, senior writer covering courts and the law for Slate. 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 Amicus—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	For a long time, Republican politicians have had this way of talking about abortion.
0:11.8	They say it's wrong, sure.
0:14.6	But they also use these two words again and again.
0:18.2	States rights.
0:21.2	This has been the go-to line from Mitch McConnell, Mitt Romney, Ted Cruz, Supreme Court
0:26.7	justices too.
0:28.5	The idea here is the Constitution doesn't say anything about abortion.
0:32.6	So let's kick this to the States.
0:34.9	Let local legislators make a call on this hot button issue.
0:39.7	This line is so well-worn.
0:41.7	It seemed to me like it had been around forever.
0:43.9	But when I asked Slade's Mark Joseph Stern about the origin of this argument, he said actually
0:50.2	letting States decide on abortion, it was kind of the bee plan.
0:57.0	So the States' rights line really only came to being after Roe vs. Wade.
1:05.0	And after the anti-abortion movement failed, and it's immediate response to Roe, which
1:11.0	was to try to pass a constitutional amendment banning abortion across the country.
1:16.6	In the 70s.
1:17.8	In the 70s.
1:19.2	And so just as this grand dream of a constitutional amendment banning abortion is falling apart,
1:25.7	the strategy shifts to, you know what?
1:28.8	Let's just say Roe vs. Wade was a gregious overreach.
1:32.5	It tried to create this single federal solution, but this really is an issue for the States.
	...

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