The State of the Rule of Law in the USA and the EU: In Conversation with Niels Kirst

In this interview for the Rule of Law section, RevDem Editor Oliver Garner converses with Niels Kirst about the state of the Rule of Law in the USA and the EU. They discuss the recently-leaked Supreme Court draft Opinion which, if passed, would overturn the constitutional right to abortion, and whether this constitutes a form of regression; if the principle of non-regression would prevent EU Member States from following suit; what lessons the EU can learn from how the USA went about establishing a federal government; how the U.S. Supreme Court interprets the “constitutional identity” of the USA; whether or not the EU should engage in similar constitutional interaction to that seen in the USA immediately following the leaked draft Opinion; and if a mechanism akin to the “federal guarantee” clause would work for the EU.