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The Josh Marshall Podcast

The D.C. Circuit Speaks

Feb 7, 2024
Podcast discusses the recent DC Circuit decision on ex-presidential immunity, lack of trust in the federal judiciary, failed efforts to impeach secretary, impact of a special election and absence of Steve Scalise, impeachment pursuit and political dynamics, Republican defiance and the abandonment of a border bill, battle over abortion rights in Florida, and the impact of Republican interference in the upcoming Florida election.
01:10:23

Podcast summary created with Snipd AI

Quick takeaways

  • The conservative-leaning Florida Supreme Court displayed skepticism toward a proposed ballot initiative aiming to protect abortion rights up to viability, suggesting a potential challenge based on fetal personhood.
  • The 60% threshold for passing ballot initiatives in Florida poses a challenge for supporters of the abortion rights amendment, despite polling showing majority support.

Deep dives

Florida Supreme Court Questions Fetal Personhood in Abortion Ballot Initiative

During a hearing at the Florida Supreme Court regarding a proposed ballot initiative to protect abortion rights up to viability, the Chief Justice raised the question of whether unborn children qualify as "unborn persons" under the 14th Amendment of the Florida State Constitution. This line of questioning hinted at a possible future challenge based on fetal personhood, a concept that considers embryos and fetuses as individuals entitled to full legal rights. The conservative-leaning court appeared to be hostile toward the amendment, and the Chief Justice's questioning suggested a potential avenue for striking down the initiative. Additionally, Florida has a higher threshold for passing ballot initiatives, requiring a 60% majority, which poses a challenge for proponents of the amendment, despite polling showing 62% support.

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