All-In with Chamath, Jason, Sacks & Friedberg E79: Analyzing the leaked draft overturning Roe v. Wade with Amy Howe and Tom Goldstein
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May 7, 2022 Amy Howe, an expert on Supreme Court litigation, and Tom Goldstein, a seasoned lawyer known for his constitutional law insights, dive deep into the leaked draft overturning Roe v. Wade. They dissect the legal ramifications, exploring how such a shift may affect abortion rights across the states. The conversation touches on the implications for judicial precedent, potential constitutional amendments, and the evolving public sentiment surrounding these critical issues. Their discussion highlights the tension between legal decisions and societal values.
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Roe v. Wade and Planned Parenthood v. Casey
- The 1973 Roe v. Wade decision established a constitutional right to abortion, based on the right to privacy.
- The 1992 Planned Parenthood v. Casey decision reaffirmed Roe but changed the legal test to viability.
Originalism vs. Progressive Constitutionalism
- Originalists believe the Constitution should be interpreted as understood at the time of enactment.
- Progressive constitutionalists argue it should adapt to modern circumstances.
Alito's Legal Framework
- Justice Alito argues there's no deeply rooted tradition of abortion as a constitutional right.
- He claims the undue burden standard is unworkable due to inconsistent court decisions.