On May 5, Politico published a leaked draft of the majority opinion in Dobbs v. Jackson Women's Health, written by Justice Samuel Alito, that would overturn Roe v. Wade. How did we get here? In the first of three episodes dedicated to answering that question, Matt and Sam talk to Peter, Rhiannon, and Michael of the 5-4 Podcast about the conservative legal movement's role and the right's use of the courts in achieving their aims. What were the main arguments in the leaded Dobbs decision, and where did these ideas come from? How important was opposition to abortion rights to the development of originalism and organizations like the Federalist Society? What function has the Federalist Society served in the conservative takeover of the Supreme Court? Also discussed in this episode: the relationship between radical, violent anti-abortion groups and the broader anti-abortion legal movement, the narrower victories the right won against abortion rights along the way, and what might come next from an emboldened conservative movement with the Supreme Court on their side.
Sources:
Josh Gerstein and Alexander Ward, "Supreme Court Has Voted to Overturn Abortion Rights, Draft Opinion Shows," Politico, May 5, 2022
5-4 Podcast, "Dobbs v. Jackson Women's Health: The End of Roe," May 4, 2022
5-4 Podcast, "The Return of the Rise and Fall of Roe v. Wade, Pt. 1," January 4, 2022
"The Return of the Rise and Fall of Roe v. Wade, Pt. 2," January 4, 2022
Know Your Enemy (w/ 5-4's Rhiannon), "The Texas Bounty Hunter Bill," September 30, 2021
Amanda Hollis-Brusky, Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford University Press, 2019)
Ilyse Hogue and Ellie Langford, The Lie That Binds (Strong Arm Press, 2020)
Joshua C. Wilson, The Street Politics of Abortion: Speech, Violence, America's Culture Wars (Stanford University Press, 2013)
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