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We the People

Will Roe v. Wade Be Overturned?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 28 May 2021

⏱️ 41 minutes

🧾️ Download transcript

Summary

The Supreme Court agreed to hear a challenge to a Mississippi law banning most abortions after 15 weeks (with narrow exceptions for medical emergencies or “severe fetal abnormality,” but not for instances of rape or incest). The case could lead the Supreme Court to once again question its landmark decision in Roe v. Wade (and later cases like Planned Parenthood v. Casey) which held that there was a constitutional right to seek an abortion under the 14th Amendment and that the government could not place an undue burden on the right prior to the “viability” of the fetus, or the ability of an unborn child to survive outside the womb. This week’s episode focuses on two big questions: Does the Constitution indeed protect the right to choose abortion—and if so, when? And in the new abortion challenge, Dobbs v. Jackson’s Women’s Health Organization, will the court uphold Roe v. Wade or narrow the decision in some way, revising the viability standard? Our guests unpack these questions and more, explaining the arguments on all sides as well as relevant legal terms—including “substantive due process,” “natural law,” and “stare decisis.” Host Jeffrey Rosen was joined by Leah Litman, assistant professor at Michigan Law and co-host of the podcast Strict Scrutiny, and Teresa Stanton Collett, professor and director of the Prolife Center at University of St. Thomas School of Law. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org. Additional resources and transcript available at constitutioncenter.org/interactive-constitution/media-library

Transcript

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0:00.0

I'm Jeffrey Rosa, president and CEO of the National Constitution Center and welcome to We

0:08.2

the People, a weekly show of constitutional debate.

0:11.8

The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness

0:18.1

and understanding of the Constitution among the American people.

0:22.1

The Supreme Court recently agreed to hear a challenge to a Mississippi law banning abortion at 15 weeks.

0:30.0

The case could call into question the future of Roe v. Wade.

0:34.0

On today's We the People, we break down the constitutional arguments for and against

0:40.0

Roe so that you, we the people listeners listeners can make up your own minds.

0:44.8

And to do that we're privileged to be joined by two of America's leading scholars of the

0:49.8

Constitution.

0:50.8

Leah Littman is assistant professor of law at Michigan law.

0:54.6

She's also one of the co-hosts and creators of strict scrutiny

0:58.4

a podcast about the US Supreme Court.

1:00.9

Leah, it is wonderful to have you back on the show.

1:03.7

It's great to be back.

1:05.0

Thanks for having me.

1:05.9

And Theresa Stanton Collin is professor at the University of St Thomas School of Law, where she serves

1:11.6

as director of the school's ProLife Center.

1:14.4

Theresa, it is wonderful to welcome you to We The People.

1:17.8

Delighted to be included, thank you.

1:20.0

We have a series of constitutional arguments to break down,

1:25.0

including arguments about liberty, equality, natural law, and precedent.

...

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