A Law Trapped In Amber
1Digest
The Slate Political Gap Fest delves into a week of significant Supreme Court decisions, starting with the Idaho case concerning emergency abortion services. The court dismissed the case as improvidently granted, effectively punting on the issue. However, the justices' opinions revealed deep divisions and tensions regarding the federal emergency law and its potential conflict with Idaho's restrictive abortion law. The episode then examines the Rahimi case, where the Supreme Court upheld a federal law prohibiting individuals under domestic violence protective orders from possessing firearms. This decision, while seemingly a step towards common sense gun regulation, is seen as a nuanced interpretation of the court's previous ruling in Bruin, which had cast doubt on the constitutionality of gun regulations. Finally, the podcast discusses the defeat of progressive Democrat Jamal Bowman in a New York primary, highlighting the potential impact of pro-Israel forces in American politics and the broader implications for progressive politics. The episode concludes with cocktail chatter, where the hosts discuss a new book on mass incarceration, a lawsuit regarding public land access in the West, and a heartwarming movie about a 100-year-old woman seeking revenge.
Outlines
Introduction
This Chapter introduces the Slate Political Gap Fest episode, highlighting the pre-debate episode format and the presence of Linda Greenhouse, a senior research scholar in law at Yale University Law School, as a guest. The episode will cover various legal topics, including the Idaho abortion case, the Rahimi gun case, and the defeat of progressive Democrat Jamal Bowman in a New York primary.
Idaho Abortion Case
This Chapter focuses on the leaked Supreme Court decision regarding Idaho's abortion law, which restricts abortion access to only life-threatening situations. The court dismissed the case as improvidently granted, effectively punting on the issue. The decision sparked controversy, with Justice Katanjee Jackson dissenting and highlighting the consequences for women in emergency circumstances. The chapter also explores the different interpretations of the federal emergency law and its potential conflict with Idaho's state law.
Rahimi Gun Case
This Chapter discusses the Supreme Court's decision in the Rahimi case, where the court upheld a federal law prohibiting individuals under domestic violence protective orders from possessing firearms. The decision is seen as a step towards common sense gun regulation, but it also raises questions about the court's interpretation of its previous ruling in Bruin, which had cast doubt on the constitutionality of gun regulations. The chapter explores the different perspectives on the case and the implications for future gun regulation.
Jamal Bowman's Defeat
This Chapter examines the defeat of progressive Democrat Jamal Bowman in a New York primary, highlighting the potential impact of pro-Israel forces in American politics and the broader implications for progressive politics. The chapter discusses the factors that contributed to Bowman's loss, including his opposition to the infrastructure bill, his controversial actions in Washington, D.C., and the significant financial support for his opponent, George Latimer. The hosts also debate whether Bowman's defeat represents a repudiation of progressive politics or a statement about the limits of certain positions on Israel.
Cocktail Chatter
This Chapter features cocktail chatter, where the hosts discuss various topics, including a new book on mass incarceration, a lawsuit regarding public land access in the West, and a heartwarming movie about a 100-year-old woman seeking revenge. The hosts also share their own personal chatters, including Emily Bazelon's work on a new project for Hark, a podcast curation platform, and Linda Greenhouse's recommendation of the movie "Thelma."
Keywords
Idaho Abortion Law
Idaho's law restricts abortion access to only life-threatening situations, meaning a woman can only have an abortion if her life is directly at stake. This law has been challenged by the Biden administration based on the federal emergency statute called MTALA, which guarantees medical treatment to prevent serious injury in emergency rooms. The Supreme Court's decision to dismiss the case as improvidently granted has sparked controversy, with concerns about the consequences for women in emergency circumstances.
MTALA
MTALA, or the Emergency Medical Treatment and Active Labor Act, is a federal law that requires hospitals to provide emergency medical treatment to anyone who comes to their emergency room, regardless of their ability to pay. The Biden administration argued that MTALA applies to abortion services in emergency situations, challenging Idaho's restrictive abortion law. The Supreme Court's decision to dismiss the case leaves the question of MTALA's application to abortion unresolved.
Rahimi Case
The Rahimi case involved a federal law that prohibits individuals under domestic violence protective orders from possessing firearms. The Supreme Court upheld this law, but the decision was seen as a nuanced interpretation of the court's previous ruling in Bruin, which had cast doubt on the constitutionality of gun regulations. The Rahimi case highlights the ongoing debate about gun control and the court's evolving interpretation of the Second Amendment.
Jamal Bowman
Jamal Bowman is a progressive Democrat who served in the U.S. House of Representatives. He was defeated in a New York primary by George Latimer, a more centrist candidate. Bowman's defeat has sparked discussions about the influence of pro-Israel forces in American politics and the broader implications for progressive politics. Bowman was a vocal critic of the Gaza war and America's relationship with Israel, and his defeat has raised questions about the viability of certain positions on Israel within the Democratic Party.
APAC
APAC, or the American Israel Public Affairs Committee, is a powerful pro-Israel lobbying group that has been accused of influencing American politics. APAC has been criticized for its close ties to the Israeli government and its efforts to silence critics of Israel. In the case of Jamal Bowman's defeat, APAC was accused of spending millions of dollars to support his opponent, George Latimer. The role of APAC in American politics and its impact on elections is a subject of ongoing debate.
Bruin
Bruin is a Supreme Court case that involved a challenge to New York's law restricting the carrying of concealed handguns. The court ruled in favor of the challenger, striking down the law and establishing a new standard for evaluating gun regulations. The Bruin decision has had a significant impact on gun control laws across the country, and it has been cited in subsequent cases, including the Rahimi case. The Bruin decision has been criticized for its reliance on historical analysis and its potential to undermine gun regulations.
History and Tradition Test
The history and tradition test is a legal standard used by the Supreme Court to determine the constitutionality of laws. The test requires courts to look back at historical practices and traditions to determine whether a law is consistent with the Constitution. The history and tradition test has been used in a variety of cases, including the Bruin gun case and the Dobbs abortion case. The test has been criticized for its reliance on a narrow and often outdated view of history and its potential to undermine modern laws.
Originalism
Originalism is a legal philosophy that emphasizes the original meaning of the Constitution. Originalists believe that the Constitution should be interpreted according to the understanding of its framers. The history and tradition test is often seen as a form of originalism, as it relies on historical practices and traditions to determine the meaning of the Constitution. Originalism has been a subject of debate among legal scholars, with some arguing that it is a necessary tool for preserving the Constitution's original meaning and others arguing that it is too restrictive and out of touch with modern society.
Mass Incarceration
Mass incarceration refers to the high rates of imprisonment in the United States. The United States has the highest incarceration rate in the world, with millions of people behind bars. Mass incarceration has been linked to a number of social problems, including racial disparities in the criminal justice system, the erosion of civil liberties, and the high cost of imprisonment. The book "Dismantling Mass Incarceration" provides a collection of readings on the problem of mass incarceration and how to think about it.
Public Land Access
Public land access refers to the right of the public to access public lands, such as national parks, forests, and wilderness areas. The lawsuit discussed in the podcast involves a dispute over access to public lands in the West, where private land ownership has blocked access to millions of acres of public land. The case highlights the importance of public land access for recreation, conservation, and economic development.
Q&A
What was the Supreme Court's decision in the Idaho abortion case, and what were the implications?
The Supreme Court dismissed the case as improvidently granted, effectively punting on the issue. This decision has significant consequences for women in Idaho who may face medical emergencies related to pregnancy, as the state's restrictive abortion law remains in effect. The decision also highlights the deep divisions within the court regarding the federal emergency law and its potential conflict with state abortion laws.
How did the Supreme Court's decision in the Rahimi gun case relate to its previous ruling in Bruin?
The Rahimi case upheld a federal law prohibiting individuals under domestic violence protective orders from possessing firearms, seemingly a step towards common sense gun regulation. However, the decision is seen as a nuanced interpretation of Bruin, which had cast doubt on the constitutionality of gun regulations. The court's attempt to reconcile these two rulings raises questions about the future of gun control and the court's evolving interpretation of the Second Amendment.
What factors contributed to Jamal Bowman's defeat in the New York primary, and what are the broader implications for progressive politics?
Bowman's defeat was attributed to a combination of factors, including his opposition to the infrastructure bill, his controversial actions in Washington, D.C., and the significant financial support for his opponent. His defeat has sparked discussions about the influence of pro-Israel forces in American politics and the viability of certain positions on Israel within the Democratic Party. The broader implications for progressive politics remain to be seen, but Bowman's loss suggests that certain progressive positions may face challenges in certain districts.
What is the history and tradition test, and how has it been used by the Supreme Court?
The history and tradition test is a legal standard used by the Supreme Court to determine the constitutionality of laws. It requires courts to look back at historical practices and traditions to determine whether a law is consistent with the Constitution. The test has been used in a variety of cases, including the Bruin gun case and the Dobbs abortion case. It has been criticized for its reliance on a narrow and often outdated view of history and its potential to undermine modern laws.
What is the debate surrounding originalism, and how does it relate to the history and tradition test?
Originalism is a legal philosophy that emphasizes the original meaning of the Constitution. Originalists believe that the Constitution should be interpreted according to the understanding of its framers. The history and tradition test is often seen as a form of originalism, as it relies on historical practices and traditions to determine the meaning of the Constitution. Originalism has been a subject of debate among legal scholars, with some arguing that it is a necessary tool for preserving the Constitution's original meaning and others arguing that it is too restrictive and out of touch with modern society.
What is the significance of the lawsuit regarding public land access in the West?
The lawsuit highlights the importance of public land access for recreation, conservation, and economic development. The case involves a dispute over access to public lands in the West, where private land ownership has blocked access to millions of acres of public land. The lawsuit raises questions about the balance between private property rights and public access to public lands.
What is the book "Dismantling Mass Incarceration" about, and who is it recommended for?
The book "Dismantling Mass Incarceration" provides a collection of readings on the problem of mass incarceration and how to think about it. It is recommended for students and teachers who are looking for readings for courses on criminal justice, social justice, and related topics.
What is the movie "Thelma" about, and why is it significant?
Thelma is a heartwarming movie about a 100-year-old woman seeking revenge after being scammed. It is a low-budget independent film that has become a surprise hit, demonstrating the power of word-of-mouth and social media in promoting independent films.
What is Hark, and how does it relate to the podcast?
Hark is a podcast curation platform that solves the problem of too many podcasts by finding the smartest bits from podcasts around a particular topic and curating them into easy listens. The hosts discuss their involvement in a new Hark project around the 2024 presidential campaign, where they are curating great moments from podcasts that cover politics and the presidential campaign.
What is the significance of the poll data that shows voters are concerned about democracy and trust Trump more than Biden to protect it?
The poll data highlights the deep divisions in American politics and the growing concern about the state of democracy. The fact that voters trust Trump more than Biden to protect democracy is a significant development, and it raises questions about the future of American democracy.
Show Notes
This week, Emily Bazelon and David Plotz discuss the recent Supreme Court rulings on emergency abortions and guns with Yale Law School’s Linda Greenhouse and Congressman Jamaal Bowman’s loss in a New York Democratic primary.
Here are some notes and references from this week’s show:
Supreme Court of the United States: Moyle v. United States; United States v. Rahimi; and Murthy v. Missouri
Greg Stohr, Kimberly Robinson, and Lydia Wheeler for Bloomberg: Supreme Court Poised to Allow Emergency Abortions in Idaho
Amy Howe for SCOTUSblog: Supreme Court appears to allow emergency abortions in Idaho and Supreme Court upholds bar on guns under domestic-violence restraining orders
Jazmin Orozco Rodriguez for The Idaho Capital Sun: Idaho’s OB-GYN exodus throws women in rural towns into a care void
Eleanor Klibanoff for The Texas Tribune: Emergency rooms not required to perform life-saving abortions, federal appeals court rules
Ariane de Vogue, Tierney Sneed, and Devan Cole for CNN: Supreme Court issues report on Dobbs leak but says it hasn’t identified the leaker
Mark Joseph Stern for Slate: Supreme Court Inadvertently Reveals Confounding Late Change in Trump Ballot Ruling and Dahlia Lithwick and Mark Joseph Stern: John Roberts Tried to Clean Up Clarence Thomas’ Mess. He May Have Invited More Chaos.
Linda Greenhouse in The New York Times: The Supreme Court Steps Back From the Edge and How John Roberts Lost His Court
Michael C. Dorf for Dorf on Law: Justice Kavanaugh’s Concurrence in Rahimi Contains a Whopper of an Error (or Worse) and The Hidden Merits Ruling in Murthy v. Missouri
Gregory Krieg for CNN: George Latimer defeats House ‘squad’ member Jamaal Bowman in historic New York Democratic primary
Michelle Goldberg for The New York Times: The War in Gaza Is Splintering the Democratic Party
Ben Davis for The Guardian: The Aipac-funded candidate defeated Jamaal Bowman. But at what cost?
Peter Beinart for The Beinart Notebook: Jamaal Bowman’s Courage
Jon Murray, Seth Klamann, and Nick Coltrain for The Denver Post: Five takeaways from Colorado’s primaries as voters give Lauren Boebert new life, pick a Denver DA and more
Anthony Adragna and Nicholas Wu for Politico: AIPAC offshoot spending heavily to beat Cori Bush in her primary
Colby Itkowitz, Emily Guskin, and Scott Clement for The Washington Post: Trump trusted more than Biden on democracy among key swing-state voters
Here are this week’s chatters:
Emily: Dismantling Mass Incarceration: A Handbook for Change by Premal Dharia, James Forman, Jr., and Maria Hawilo and Karin Brulliard for The Washington Post: For millionaire and four hunters, a wild Western lawsuit over public land
Linda: Thelma from Magnolia Pictures & Magnet Releasing and Aisha Harris, Bob Mondello, Bedatri D. Choudhury, Liz Metzger, Mike Katzif, and Jessica Reedy for NPR’s Pop Culture Happy Hour: June Squibb’s ‘Thelma’ is the wrong grandma to mess with
David: Hark and David Plotz for Hark’s The Conversation: Campaign Trail 2024
Listener chatter from William Wagner in Green Bay, Wisconsin: Sam Anderson with illustrations by Gaia Alari for The New York Times: Walnut and Me and Sam Anderson: Animal podcast
For this week’s Slate Plus bonus segment, David and Emily talk with Linda Greenhouse about Murthy v. Missouri.
In the next Gabfest Reads, David talks with Sierra Greer about her new book, Annie Bot: A Novel.
Email your chatters, questions, and comments to gabfest@slate.com. (Messages may be referenced by name unless the writer stipulates otherwise.)
Podcast production by Cheyna Roth
Research by Julie Huygen
Learn more about your ad choices. Visit megaphone.fm/adchoices
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