Season 2, Episode 28 (Show 80): Unprecedented

July 6, 2022

We continue our analysis of this momentous end-of-term by taking a close look at the Dobbs dissent, and reflect on the significance of the decision not only for women, but also for the law.

The nation continues to be abuzz over the Supreme Court’s recent decisions that rounded out the term, particularly in the Dobbs case.  We take a careful look at the dissent in this case; in particular, at the various claims that it makes regarding the majority opinion and its overall approach to evaluating Roe and Casey.  We reflect on the significance of the opinion and its methodology, particularly as we look to analyze the Bruen and Carson cases in forthcoming episodes, and as a big one – the ISL case – looms in the coming year.

Show Notes:

What Roe Should Have Said - Chapter by A. Amar

Professor Amar’s Chapter from What Roe Should Have Said:  Amar, J., concurring in the judgment in part and dissenting in part in Roe v. Wade, No. 70-18, and dissenting in Doe v. Bolton, No. 70-40.

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Remembering the Ladies - From America's Unwritten Constitution

Chapter 7 from Professor Amar’s book, America’s Unwritten Constitution, which addresses many of the issues of women’s equality discussed in this podcast episode.

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Why Liberal Justices Need to Start Thinking Like Conservatives - Time.com

Professor Amar writes for Time Magazine on June 30, 2022 explaining the originalist turn the Court has taken, and the imperative for liberal justices to compete in that arena.

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