3 chapters across the catalog
In archival audio, Ruth Bader Ginsburg explains her legal reservations regarding the original Roe v. Wade decision. She argued that the court took a "heavy-handed" approach by striking down every abortion law in the country at once rather than moving incrementally. This nuanced legal stance was often overlooked by her supporters who viewed the ruling as an untouchable precedent.
The discussion explores the idea that justices like Thomas and Ginsburg view the law as a strict code, similar to how referees view a rulebook. By treating Roe v. Wade as a quasi-constitutional amendment rather than a specific case ruling, the 1973 court stepped outside its traditional role. The hosts emphasize that the court's duty is to interpret law, not to create it through political pressure.
The hosts question why Barack Obama, a constitutional lawyer, chose to be sworn in on Lincoln's Bible given Lincoln's history of supporting deportation. They describe this as a triumph of "optics" over historical truth, noting how the "Great Emancipator" narrative is ingrained in black culture through traditions like Watch Night.
