4: The Day That Roe Died
Description
This episode addresses the June 24, 2022 bombshell decision from the U.S. Supreme Court - Dobbs v. Jackson - which overturned Roe v. Wade and Planned Parenthood v. Casey.
We begin the show by exploring the core issue in Dobbs, which is the “fundamental right” to choose to have an abortion created by Roe.
First up, we identify what fundamental rights are and where they’re found in the Constitution. Then we take a deep dive into the Due Process Clause of the 14th Amendment since that is the source of the “privacy right” in Roe. This leads us to a discussion of the term “liberty” in the Due Process Clause … nor shall any State deprive any person of life, liberty, or property without due process of law … and how it was defined and expanded over the course of the 20th Century to includes rights of privacy under a doctrine called substantive due process.
We then shift to the test, or standard, used to determine whether a right should be included in the expansive definition of liberty and discuss how Dobbs applied it.
We round out the show by unpacking Justice Thomas’ concurrence in Dobbs and what it really means.
Finally, we wrap with a TL;DR about Dobbs, what happened, and where we go from here, now that abortion is back in the hands of the people.
Links Mentioned
Roe v. Wade - Supreme Court: https://supreme.justia.com/cases/federal/us/410/113/#tab-opinion-1950137
Planned Parenthood v. Casey
https://supreme.justia.com/cases/federal/us/505/833/
Lochner v. New York
https://supreme.justia.com/cases/federal/us/198/45/
West Coast Hotel Co. v. Parrish
https://supreme.justia.com/cases/federal/us/300/379/
Griswold V. Connecticut
https://supreme.justia.com/cases/federal/us/381/479/
Washington v. Glucksberg
https://supreme.justia.com/cases/federal/us/521/702/
Moore v. City of East Cleveland
https://supreme.justia.com/cases/federal/us/431/494/
Dobbs v. Jackson Women’s Health
https://supreme.justia.com/cases/federal/us/597/19-1392/
U.S. Constitution: https://www.archives.gov/founding-docs/constitution-transcript
U.S. Const. Bill of Rights: https://www.archives.gov/founding-docs/bill-of-rights
U.S. Const. 9th Amendment: https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-amendment-ix
U.S. Const. 14th Amendment: https://www.archives.gov/founding-docs/amendments-11-27#xiv
Connect with Kelley Keller on LinkedIn
https://www.linkedin.com/in/kelleykeller/