Precedent and the Leaked Draft SCOTUS Opinion
Podcast |
Civics 101
Media Type |
audio
Categories Via RSS |
Government
Publication Date |
Jun 10, 2022
Episode Duration |
00:24:08

A leaked draft opinion in a Supreme Court case about abortion reveals that a majority of the justices were, at the time of this draft's release, in favor of overturning the precedent set in Roe v Wade that protected abortion access. 

In our recent episode on judicial precedent, we talked about how the Supreme Court interprets the law, and how precedent gives that interpretation power, ensuring the law is applied equally to everyone. We also talked about how and why the Supreme Court might reconsider, modify, or overturn its own precedent. In this episode, we look at how the draft opinion treats precedent, and how that differs from the way the Supreme Court has treated precedent in the past, including in decisions about abortion. And we talk about the impact this could have, should this draft opinion become final, both on the Supreme Court, and on society. 

We talk to Nina Varsava, a law professor at University of Wisconsin, Madison who studies judicial precedent, and wrote the article, "Precedent on Precedent," and Rachel Rebouche, a law professor at Temple University who specializes in family law, health care law, and comparative family law, and has written about the potential impact of overturning Roe v Wade

PS, want to score a cool new Civics 101 sticker and a $500 Airbnb gift card? Donate to the show! You'll support us and maybe you can go rent an idyllic cabin in Norway.

Is the leaked Supreme Court draft opinion a roadmap for how this court could overturn landmark cases in the future?

A leaked draft opinion in a Supreme Court case about abortion reveals that a majority of the justices were, at the time of this draft's release, in favor of overturning the precedent set in Roe v Wade that protected abortion access. 

In our recent episode on judicial precedent, we talked about how the Supreme Court interprets the law, and how precedent gives that interpretation power, ensuring the law is applied equally to everyone. We also talked about how and why the Supreme Court might reconsider, modify, or overturn its own precedent. In this episode, we look at how the draft opinion treats precedent, and how that differs from the way the Supreme Court has treated precedent in the past, including in decisions about abortion. And we talk about the impact this could have, should this draft opinion become final, both on the Supreme Court, and on society. 

We talk to Nina Varsava, a law professor at University of Wisconsin, Madison who studies judicial precedent, and wrote the article, "Precedent on Precedent," and Rachel Rebouche, a law professor at Temple University who specializes in family law, health care law, and comparative family law, and has written about the potential impact of overturning Roe v Wade

PS, want to score a cool new Civics 101 sticker and a $500 Airbnb gift card? Donate to the show! You'll support us and maybe you can go rent an idyllic cabin in Norway.

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