On Episode 62, FaceEsquire and DrJWeb discuss the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, including: what it says, why it overturned Roe v. Wade and Casey, possible future implications, our thoughts on the case, and plenty of ridiculousness along the way.
Episode Punchlist: We love you all, regardless of how you feel about abortion; FaceEsquire incorrectly refers to the Dred Scott decision as Plessy v. Ferguson throughout the episode (my bad); Can you figure out which Justice DrJWeb is most afraid of?
Our links can be found here, www.linktr.ee/politicalhacks, if you’re into that sort of thing.
TIMESTAMPS
00:00:00 - Introduction
00:03:40 - How we are Talking about Dobbs on this Episode.
00:06:51 - How Dobbs Begins
00:28:46 - Ginsburg thought Roe was bad? (fake news, sorta)
00:34:56 - Dobbs is about Government Power (and Scalia Lives on!)
00:42:26 - Substantive Due Process (“SDP”) and Why It Matters
The Weeds of the SDP Analysis:
00:50:30 - The Majority’s Thoughts on the Right to Privacy
00:52:42 - Legal History of Abortion (Roe was Wrong)
00:55:52 - Social (Criminal) History of Abortion when the 14th Amendment was Written
00:57:41 - Did the Framers Hate Women (and maybe DrJWeb)?
01:01:31 - “Viability” is a Moving Target as a Legal Standard
01:05:21 - “Substantial Obstacle” is Just as Tough
01:07:08 - What this Means Going Foward and How to Fix It, per the Majority
01:09:24 - Justice Thomas’ Concurrence and Why DrJWeb is Scared
01:18:31 - Justice Kavanaugh Likes Beer (Kavanaugh Concurrence)
01:29:28 - Face’s Takeaways
01:33:41 - JWeb’s Takeaways
01:37:11 - Outro and Acknowledgements (Hey to DRock’s Dad)