Supreme Court, Mike Teach, Betsy Brady discussed on Opening Arguments

Opening Arguments


I mean i guess not out of nowhere but like you say broke late even for this supreme court i was surprised and and i'm about to explain it all right. So let's get this right to be opening arguments levels of clear here. The supreme court did not overturn roe. V wade because it did not issue a ruling on the merits. They did not rule on the merits of anything. This is what we call shadow docket. What they did was allow a blatantly unconstitutional law to go into effect before overturning roe v wade which is something they were probably going to do around april or may of next year and as far as i can tell and i spent the better part of the morning looking for counter examples. This is what happened. Today is literally unprecedented in the history of this country. So let me let me give you an example of how this never happens. And let's suppose it's nineteen sixty two. And i'm a poor person in prison. I did not have a lawyer appointed from the time the law the land was case called bets versus brady. Which said yeah. You know you get a court appointed lawyer if it's a capital case or if there are issues with competence sore in know certain extenuating circumstances but just because you're to portable afford a lawyer you don't get one. There was no right to court appointed counsel as mike teach at. Lowe's buy mind every time. Yeah so let's imagine then. I file a habeas petition to the supreme court. And i say yeah. I know betsy brady. But you're about to hear you've already got pending on your docket. Abs petition. From my buddy clarence gideon and you know you guys on the supreme court pretty. It's nineteen sixty two. You're pretty liberal bunch. Some pretty sure you're gonna ruling gideon's favor and you're going to overturn that betts v brady case You're gonna say that everybody gets a right to a lawyer. That's gonna freebie eventually so why not. Just let me out right right right and you know. What did they do. Give gideon v wade. Right right came out in nineteen sixty three and it was nine. Oh right like not. Controversial unanimous overturned. Betsy brady did exactly but yeah this hypothetical petition and by the way there were actual petitions and not to this hypothetical petition. The supreme court would that same super. Liberal supreme court would not have granted relief at that time right. They have granted anticipatory challenges. Still lie yet. They would've said maybe we'll change the law but until then we live in a country with the rule of law and the law says you're not entitled to it. Sorry this is going to be an episode for. We have covered almost every component of this on multiple previous episodes of the show. So episodes twenty. Seven and twenty eight are when we covered the planned parenthood versus casey decision. If you haven't listened to those if you came in like it stormy at stormy daniels maybe come back and listen to twenty seven twenty pretty good and the shadow docket late much later on obviously but the shadow docket with And recital right yup shadow docket. We talked about on episode five seven up. Yeah so all of the components here are things you can search the away website for it. We have covered an in depth. Even if only get this far. what they're doing. It's not just which is already bad enough. It's not just that they're obviously overturning roe. that's already bad. it's that the this is completely unprecedented. I'm so sick of republicans getting to feel like and call themselves. They're just calling balls and strikes balls and strikes they're just constitutional umpires over there and they're doing this a field goal in the middle of a baseball game. I'm not getting so let me break down exactly what happened. Because i think i can make this clear even to uncle frank exactly how radical this is so point number one. Texas passed a law. And we're going to talk about all the provisions of this has. Wow is it a doozy. It's sb eight. That bans abortion after six weeks. Guy point to existing constitutional law is super duper to the ends of the earth. Clear that you cannot do that. Yeah and i am going to quote from planned. Parenthood versus casey five zero five eight thirty three at eight forty five. To forty six quote we are led to conclude this the essential holding of roe. V wade should be retained and once again reaffirmed. It must be stated at the outset and with clarity. This is the supreme court talking that rose essential holding the holding. We reaffirm has three parts and again if you listen to our episodes. They're actually missed. They're actually changing roe. V wade a little bit here but nevertheless this is the law of the land. Good law right now. The central holding of roe v wade as reaffirmed by planned parenthood versus. Casey has three parts. I is a recognition of the right of the woman to choose to have an abortion before viability and obtain it without undue inference without undue interference from the state continuing just in case that's not clear enough before viability. The state's interests are not strong enough to support a prohibition of abortion or the imposition of a substantial obstacle to the woman's effective right to elect a procedure. So that's the law. The law says if it's pre viability you cannot ban abortion. The state's interest is not strong enough. Now if you've listened to the show you know. I don't think viability is a crate. Archea you know. I prefer the original restaurant. But doesn't matter what i think it matter did should matter what the law is right. So the law states cannot prohibit abortion before viability. Sp prohibits abortion before viability. Six weeks way way way before him here go. Oh god. States can't prohibit abortion at six weeks so what happened. what happened. Was what what i expected to happen. Whole women's health and abortion provider in texas. They went to a us district court. Judge ticket the in joint which happened. Because it's obvious because the reason. I said it's obviously in custody show. So then texas appealed to the fifth circuit and the fifth circuit as we have documented at great length hates abortion. It is stacked with antiabortion activists who have bent over backwards to misconstrue laws whenever it comes to upholding the conservative result of that law right and we talked about that at length. And the whole woman's health versus heller steph opinion so fifth circuit hates abortion and they reversed the district court. I wasn't surprised by that either. Then whole women's health appealed to the supreme court and the supreme court then did to fix i is. They did nothing they just sat on the application and let sba go into effect and then belatedly a day later at around midnight last night as of our recording midnight on wednesday they released an opinion that i will read to you in full because that opinion citations included is four hundred eleven words so two thirds of a page about the length that you might expect from a reasonably bright fifth graders book report and so when we explained the shadow docket episode five. But this is what we mean. We mean with no explanation with no analysis without committing to anything imprint. This opinion allowed a blatantly unconstitutional law to go into effect. So there is no discussion of the case. On the merits there was no analysis espy. Eight there is no analysis of row. It does not faked a row. It does not say to casey. It is just procedural but that procedural means that the texas law goes into effect until it is briefed. Argued litigated at the district. Level appealed to the fifth circuit on the merits briefed argues coast to oral argument..

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