After Dobbs

05/18/22 • 85 min

Our recent podcasts, and their discussions of the constitutional landscape that will follow the release of the Dobbs opinion, have been heard, amplified, distorted, echoed, and - of course - tweeted in forms true and unrecognizable. We were the impetus for a lead op-ed in the Wall Street Journal, the subject of various blogs, and the target of innumerable media posts. Nevertheless, we carry on, looking at key precedents and their future, analyzing Justice Alito’s framework for evaluating unenumerated rights, and beginning to think about how it might happen that Alito may not have the last word in this case.

Previous Episode

The Memes of Dobbs’ Leak

As the Dobbs/Supreme Court leak, and its would-be draft opinion, percolate through the public and the media, certain alarms are sounded again and again. Are these worries realistic? What does the opinion say; what are the constitutional arguments and questions; where are the justices on these questions? We look at some of the more prominent pundits saying the more meme-like (and frightening) things, and put them to the test.

Next Episode

Is There a Dobbs Deal?

***CLE Available*** We’ve spent the last few episodes examining the leaked draft opinion in Dobbs. But this isn’t yet the opinion of the Court. We look at past “stolen” decisions, and discuss how and why it could happen again that the Court seemed to be going one way and wound up heading in a surprising direction. Which Justices might form a different five? What could bring them together? Could it make a difference to women, and to the nation? What can each “side” offer the other? Listen to this creative and most important legal and political discussion.