Episode 50: The Court Astonishes – Special Guest Ed Whelan

December 15, 2021

Our 50th episode finds the Supreme Court not quite done with abortion controversies, as two rulings on Texas’ “SB8” law drop – as does Akhil’s jaw, and that of our guest, long-time legal commentator Ed Whelan.

Amarica’s Constitution is 50 – 50 episodes, that is.  The Supreme Court isn’t done with abortion yet, as it marks our “silver episode” unveiling with a pair of rulings on the Texas abortion law, SB8.  The rulings themselves may not be long remembered, but the opinions contained sentences that shocked Professor Amar.  In a happy coincidence, the Friday rulings coincided with a Friday taping, and we happened to have a special guest – Ed Whelan, creator of the well-known “Bench Memos” legal blog and Distinguished Senior Fellow of the Ethics and Public Policy Center.  We dissect the very revealing statements by Chief Justice Roberts, Justice Sotomayor, and others, on an eventful day.

Show Notes:

Whole Woman’s Health v. Jackson - ruling on motion to dismiss

A pre-enforcement challenge under the Federal Constitution to Texas Senate Bill 8—the Texas Heartbeat Act—may proceed past the motion to dismiss stage against certain of the named defendants but not others; the order of the District Court is affirmed in part and reversed in part, and the case is remanded. (from supremecourt.gov)

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United States v. Texas - per curiam

United States v. Texas (21-588 (21A85)) (Per Curiam) The writ of certiorari is dismissed as improvidently granted and the application to vacate stay presented to Justice Alito and by him referred to the Court is denied. (from supremecourt.gov)
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Sotomayor’s ‘Analogous Sentiments’ - Bench Memos blog post

Legal Commentator Ed Whelan authors “Sotomayor’s ‘Analogous Sentiments’ in his December 13 Bench Memos blog post.  Of course, he discussed these very matters with Akhil and Andy in our podcast Episode 50 above!

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Of Sovereignty and Federalism

“Of Sovereignty and Federalism,” Akhil Reed Amar, The Yale Law Journal, Volume 96, Number 7, June 1987.  Professor Amar’s very first article as a law professor, it directly bears on issues of citizen’s whose constitutional rights are violated by the government having robust recourse against the government, as discussed in this podcast.

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