Episode

5/3 The Far-Reaching Implications Of The Coming Bans On Abortion w/ Khiara M. Bridges & Michelle Oberman

May 3, 2022

Sam and Emma host Khiara M. Bridges, professor at Berkeley Law School, and Michelle Oberman, professor at Santa Clara University School of Law, to discuss the bombshell leaked SCOTUS brief that would overturn Roe V. Wade. Prof. Bridges first joins to clarify what it actually was that was leaked, looking at Justice Alito’s first draft of, what he hopes to be, the majority opinion, whether that means the overturn is likely (it is very likely) and whether that can change (possibly), before they get into discussing the role of the leak as a tactic to ward off any defectors and soften the blowback against the right when it comes to the midterms. They then look to the institution itself, diving into the corroding trust that resulted in this leak, and Professor Bridges’ take on the “originalist exercise” and the absurdity of lending extra credence to beliefs that were birthed from an incredibly exclusive population. Next, Khiara, Sam, and Emma look at Alito’s take on of substantive due process and other 14th Amendment guarantees, particularly as bat signals for the right to go after Obergefell (same-sex marriage) and Lawrence (TX sodomy laws). Professor Oberman then joins to look to the future, as they dive into what repercussions we could see from a full federal ban on abortion, particularly when it comes to the iron law of prohibition, and what Black market abortions entail, before looking at the overwhelming child poverty that would further be inspired by these policies. They wrap up their discussion by noting the importance of centering the needs of the most marginalized and vulnerable when attempting to build a response, looking at HOW they’ll be affected, and then building infrastructure from there. Sam and Emma also talk the Ohio and Indiana primaries, and watch Mitch McConnell’s immediate pivot to blaming the left for the leak.

And in the Fun Half: Sam and Emma are joined by Nomiki Konst as they cover Susan Collins’ absolute SHOCK over yesterday’s SCOTUS decision after years of her telling us that Justice Kavanaugh would NEVER vote this way, diving into the disastrous desire of centrists and Democrats to meet conservatives half-way on abortion, and touching on Ari Fleischer’s appearance on Fox to rally against the misguided zealot that leaked this. This brings them to a conversation on the Right’s obsession with the leak, and where the leak might’ve come from, before they touch on Tucker Carlson’s fun redefinition of neoliberalism (hint: it’s a smokescreen for race and gender politics), Josh Mandel capitalizes on Trump’s idiocy to claim his endorsement of JD Vance as his own, and the crew dives into the New York State gerrymandering ruling. They wrap up with one more conversation on the politics of the leak, plus, your IMs!

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