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This episode goes beyond an examination of Alito's reasoning in the now famous leaked draft Supreme Court opinion reversing Roe v. Wade. Law professor Eric Segall returns to the podcast along with professor Caroline Corbin of University of Miami School of Law to discuss the longer project of writing the establishment clause (e.g. separation of church and state) out of the constitution, & how the Satanic Temple might save us all. Also, in addition to abortion, are all the other rights that depend on the right to privacy now at risk? The right to use contraception? Gay sex? Interracial marriage? Alito says no, but does the way he distinguishes those cases really hold up? This might be the most informative and entertaining discussion on the end of Roe you've heard yet.

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Produced by Armand Aviram.

Theme by Nick Thorburn (@nickfromislands


Comments

Anonymous

Mmmhhmm what’s your take on the Backward Bedouins you grew up around and their views on this? We savages in the East see nothing wrong with aborting in certain circumstances. It’s Savagery to force people into anything they don’t need to do. Stop pontificating on points using scriptures your four fathers never understood to begin with #Alito! Ask we’ll teach you Catholicism fundamentals.

Adam Brosnan

Fuck yeah. The return of Eric Segall. As an aside, I’d love an episode on Harvard law. I’m a weirdo and I’ve been watching/reading a lot of the opinions of the likes of Adrian Vermeule. These people are the vanguard of American law, and it would be cool if Briahna could provide any insight into these people.

Anonymous

Is anyone else experiencing audio issues with this episode? It’s a subject I want to make sure I’m able to catch the details, but there are significant hiccups in the playback. I downloaded it so I could rule out signal issues, and it’s still doing it, which tells me the problem is on the side of the feed. If it is only me experiencing this, I also want to know if that’s the case. Thanks!

Anonymous

I think it's the quality of the guests' audio, I have the same problem. I think the later part of the show is better.

Anonymous

Professor Segall has some Chris Hedges energy!

Anonymous

Lib energy pretends there are "good" people to win over in this argument and that we still live in a democracy. Like if we appease the Fox News fascists by voting for Corporate Dem appeasers the good people will see how unreasonable Republicans are and vote them out. No, this will only give the fascists power to expand their fascism as it becomes clear the Dems are grifters. Being against choice is fascist, it's violence against women. History shows there are only two responses to violence, nonviolent shutting down of the system or violence in return with option 1 being historically suspect. Have your pick but voting ain't it.

Anonymous

Toni Steed, it would be a shame for you miss this episode. The satanic comments in question were brief and go from 40:19 to 40:57. I don't believe it was mentioned anywhere else. So sorry for your experience as a child, can't imagine how horrible that was.

Anonymous

“We need to make them less afraid.” Hear me out…what if we made them more afraid?

Rentaro Matsukata

I don't think you have to be a lawyer or believe in CLT to see the SC hasn't been about the law for a long time.

Sifl

Roe is just the beginning and is a trial balloon to get the public used to the court make massive shifts in constitutional law. J. Thomas has long wanted a strict construction of the commerce clause that would only allow federal regulation of actual buying and selling of goods and services between states and nothing more. No EPA, NLRB, EEOC, and so on. At best, the federal government could do things like banning the sale of citrus trees from Florida to other parts of the US to prevent the spread of citrus greening disease. But the federal government would be powerless to do anything within the state of Florida to address the spread of citrus greening disease because it does not involve "commerce , , , among the states." Basically, the entire progressive agenda would be subject to being stricken down by the courts under a new strict construction of the commerce clause. No medicare for all, green new deal and even federal minimum wage. This has been a goal of the Federalist society for decades and overturning Roe is just a Trojan horse to get people to accept a much broader judicial attack on our government.

Anonymous

Where can we see this Charlie Kirk debate? He’s about as smart as half a sack of dirt. You must have obliterated him.