Season 2, Episode 20 (Show 72): After Dobbs
May 18, 2022
As our analysis of the Dobbs leaked would-be decision gathers national attention, we look at its impact on recent precedents, on its framework for future decisions, and how it might not – even if a long shot – happen at all.
Our recent podcasts, and their discussions of the constitutional landscape that will follow the release of the leaked possible Dobbs opinion have been heard, amplified, distorted, echoed, and – of course – tweeted in forms true and unrecognizable. We were the impetus for a lead op-ed in the Wall Street Journal, the subject of various blogs, and the target of innumerable media posts. Nevertheless, we carry on, looking at key precedents and their future, analyzing Justice Alito’s framework for evaluating unenumerated rights, and beginning to think about how, conceivably, Justice Alito may not have the last word in this case.