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The Supreme Court Considers the Future of Roe

On Wednesday, the Supreme Court heard a case that was a frontal challenge to Roe v. Wade, the nearly 50-year-old decision that established a constitutional right to abortion. The case in front of the justices was about a Mississippi law that bans abortions after 15 weeks of pregnancy. For the state to win, the court, which now has a conservative majority, would have to do real damage to the central tenet of the Roe ruling. We explore the arguments presented in this case and how the justices on either side of the political spectrum responded to them.
Duration
29m
Broadcast on
02 Dec 2021
Audio Format
other

On Wednesday, the Supreme Court heard a case that was a frontal challenge to Roe v. Wade, the nearly 50-year-old decision that established a constitutional right to abortion.

The case in front of the justices was about a Mississippi law that bans abortions after 15 weeks of pregnancy.

For the state to win, the court, which now has a conservative majority, would have to do real damage to the central tenet of the Roe ruling.

We explore the arguments presented in this case and how the justices on either side of the political spectrum responded to them. 

Guest: Adam Liptak, a reporter covering the Supreme Court for The New York Times.

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For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.

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This podcast is supported by TikTok. Sometimes the most interesting discoveries are the ones you weren't looking for. That happens every day on TikTok. A science experiment can spark a whole new interest. A recipe you stumble upon can become a meal you make for the people you love. And a restaurant you've never heard of might become your new favorite spot. That's the thing about TikTok. Follow your curiosity and see where it leads. Your next discovery is waiting on TikTok. From the New York Times, I'm Sabrina Tavernisi. This is The Daily. The Supreme Court heard oral arguments in the biggest abortion case to come before it in the last 30 years. I spoke with my colleague, Adam Liptack, about how far the court's new conservative majority may go in deciding the future of abortion in America. (dramatic music) It's Thursday, December 2nd. So Adam, when we had you on the show at the start of the term back in October, you said this would be the most important Supreme Court term in decades. And a big reason for that is the case that the court heard yesterday. So tell us about this case. This case is a true blockbuster. It's a frontal challenge to Roe v. Wade, the 1973 decision that established a constitutional right to abortion. And it asks the court to overrule Roe and precedence following it. Undo that very important precedent and allow states to ban abortions whenever they want to. - Okay, this sounds like the big abortion case. I mean, the one that people have been thinking about. How exactly does it challenge Roe? - This is a case about a Mississippi law. Mississippi passed a law that would ban most abortions after 15 weeks of pregnancy. Roe says you can't ban abortions before the fetus can survive outside the womb. And that these days is around 23 weeks. So this moves the line back about two months. And that's plainly unconstitutional under Roe. So for Mississippi to win this case, and for its 15 week law to survive,

Transcription truncated.

On Wednesday, the Supreme Court heard a case that was a frontal challenge to Roe v. Wade, the nearly 50-year-old decision that established a constitutional right to abortion. The case in front of the justices was about a Mississippi law that bans abortions after 15 weeks of pregnancy. For the state to win, the court, which now has a conservative majority, would have to do real damage to the central tenet of the Roe ruling. We explore the arguments presented in this case and how the justices on either side of the political spectrum responded to them.