Jonathan Mitchell

This episode is a flight check: We’re making sure the underpinnings of our stories are tight and structured by utilising the narrative arc, chronology, and framing. You'll hear from Ira Glass, Chana Joffe-Walt, Sean Cole, and in a brand new interview, from Jonathan Mitchell of the radio-drama podcast The Truth. Jonathan explains his storytelling philosophy and breaks down the creation of one of his stories, Naughty Or Nice. 

Jonathan Mitchell, an Austin-based attorney, is the mastermind behind Texas's restrictive abortion law, SB 8. He explains the groundbreaking legal strategy allowing private citizens to sue anyone suspected of aiding in abortions. The conversation dives into courtroom experiences, showcasing the tension between his approach and judicial norms. Mitchell also discusses the broader implications for women's health and reproductive rights, including personal stories of those affected by the law, highlighting its unintended consequences.

In recent years, the attorney Jonathan Mitchell has become a crucial figure in the anti-abortion movement. Advising a Texas state senator, Mitchell developed Texas’s S.B. 8 legislation, which allows for civil lawsuits against individuals who have helped facilitate an abortion—acts like driving a patient to an appointment. The law was crafted to evade review by the Supreme Court in the period before Dobbs ended the precedent of Roe v. Wade. Opponents of the law have called it state-sponsored vigilantism. Mitchell is now representing a man seeking millions of dollars in civil damages from friends of his ex-wife—who helped her access abortion medication—in a wrongful death lawsuit. And yet, despite his conservative politics, Mitchell has something in common with some legal thinkers on the left: a critique of the Supreme Court and its extraordinary power. As an opponent of the belief in judicial supremacy, Mitchell asks, “Why should it be the Supreme Court and not Congress?” to have the last word on what the Constitution means. “Why should it be the Supreme Court and not a state legislature that might have a different view?” Mitchell rarely gives interviews, but he agreed to speak with The New Yorker’s contributor, Jeannie Suk Gersen, a professor at Harvard Law School who clerked for the former Supreme Court Justice David Souter.