5-4 x Know Your Enemy: "Overturning Roe, Part One"
Jun 14, 2022
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Exploring the conservative legal movement's campaign to overturn Roe v. Wade, leaked opinions, strategies to limit abortion rights, influence of Federalist Society, textualism vs. originalism in legal interpretation, and preparing for post-Roe scenarios.
Violent anti-abortion groups, conservative court takeover, and the Federalist Society collectively undermined Roe v. Wade.
Post-Roe v. Wade cases and state regulations have incrementally restricted abortion access without direct overturning.
The Federalist Society's role in advancing conservative legal thought and grooming judicial candidates is crucial for potential overturning of Roe v. Wade.
Deep dives
The Impact of Violent Anti-Abortion Groups
Violent anti-abortion groups played a significant role in the broader anti-abortion movement. Their actions, alongside the conservative takeover of the courts and the role of the Federalist Society, contributed to the persistent efforts to chip away at Roe v. Wade despite legal setbacks.
Evolution of Abortion Regulations Post-Roe v. Wade
Following the Roe v. Wade decision, subsequent cases like Planned Parenthood v. Casey and initiatives at the state level led to the imposition of various regulations on abortion. Over time, these regulations have gradually restricted access to abortion without directly overturning Roe v. Wade.
Conservative Legal Movement and Roe v. Wade
The Federalist Society, established in 1982, played a key role in shaping conservative legal thought and influencing judicial appointments. The society served as a network for conservative legal minds, fostering a shared goal of increasing the presence of conservative voices in the law. Its influence extended to the intellectual work that supported challenges to Roe v. Wade.
Role of the Federalist Society in Legal Thinking
The Federalist Society functioned as an intellectual and political network, influencing legal thinking and judicial decisions. By creating a network of conservative legal scholars, judges, and lawyers, the society shaped legal discourse and produced ideas that were drawn upon by Supreme Court justices. The Federalist Society's role in credentialing conservative judicial candidates and maintaining a conservative supermajority on the courts has been instrumental in advancing the conservative legal agenda, potentially leading to developments such as the potential overturn of Roe v. Wade.
The Flawed Concept of Originalism in Constitutional Interpretation
Originalism, as a method of interpreting the Constitution, is critiqued for its impracticality and inconsistencies. The podcast highlights the absurdity of assuming that the intent of historical figures from 150 years ago can be clearly understood today. Moreover, the lack of expertise in historical or linguistic training among those applying originalism raises questions about its validity. The flawed nature of originalism is emphasized as a tool to reject progress and perpetuate historical injustices.
The Influence and Effectiveness of the Federalist Society on Legal Ideology
The Federalist Society is portrayed as a strategically influential entity within the conservative legal movement. By providing academic and career support to individuals promoting conservative legal theories, the society has created a well-connected network within the legal profession. Through events, recruitment strategies, and ideological coherence, the Federalist Society effectively shapes the legal landscape. Despite criticisms of their legal frameworks like textualism and originalism, the society's ability to articulate clear legal ideologies appeals to law professionals and students, contributing to their success.
The hosts were recently guests on Know Your Enemy, talking about the origins of the conservative legal movement, and its decades-long campaign to overturn Roe v. Wade. This episode is part of a series they're calling "How They Did It," about the likely reversal of Roe. If you like this episode, you find Know Your Enemy wherever you get your podcasts.
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