Sep 8, 2022
S04-E01 We feature the oral arguments made before the U.S. Supreme Court regarding overturning the previous Roe v. Wade abortion rights ruling from decades ago. You hear the lawyers for the two sides and questions made by some of the Supreme Court Justices. Due to the complexity of the issues, these arguments lasted nearly two hours.
A quick summary of the case: In 2018, Mississippi passed a law called the “Gestational Age Act,” which prohibits all abortions, with few exceptions, after 15 weeks’ gestational age. Jackson Women’s Health Organization, the only licensed abortion facility in Mississippi, and one of its doctors filed a lawsuit in federal district court challenging the new law and requesting an emergency temporary restraining order. This case was eventually appealed up to the U.S. Supreme Court. The legal question was this, Is Mississippi’s law banning nearly all abortions after 15 weeks’ gestational age unconstitutional?
By a decision of six to three, the majority opinion of the U.S. Supreme Court was that the Constitution does not confer a right to abortion; Roe v. Wade, 410 U.S. 113, and Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, are overruled. Justice Samuel Alito authored the majority opinion of the Court. He concludes his opinion of the court by stating that “We end this opinion where we began. Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.” In other words, the Supreme Court ruling did not outlaw abortion, it stated that abortion is regulated by each of the fifty states through their state governments and their elected officials. Justices Breyer, Sotomayor, and Kagan dissented from this decision.
Due to the complex nature of the topic of the Supreme Court case, I provide several PDF documents in addition to this audio episode: First, a transcript of the oral arguments by the attorneys for each side along with the questions made by several of the justices. This is 115 pages. Second, a document called the Syllabus which contains the majority opinion by Justice Alito, a concurring opinion by Justice Roberts, and the dissenting opinions of Justices Breyer, Sotomayor, and Kagan. Alito’s opinion begins on page 1 of this 213-page document. The dissenting opinions begin on page 148. Third, an overview of Roe v. Wade which was one of the previous abortion cases that were overturned by this current verdict. Fourth, an overview of abortion in the U.S. that also provides information for each state. Fifth, a biography of Supreme Court Justice Alito who wrote the majority opinion for the court on this case.
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