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Globalization and politics

Malia Politzer
Editor of piqd.com. International Investigative Journalist
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piqer: Malia Politzer
Friday, 31 August 2018

Podcast: How Trump's Supreme Court Choice Could Block Abortion Access In The US

This excellent podcast, "What Trump Can Teach Us About Con Law", takes a hard look at US President Trump's tweets, erratic policies and activities to teach listeners about American constitutional law. 

Why? Because Trump is a president like no other and seems intent on using his power to change the United States in unprecedented ways. Can he really do the things he says he will, and are his actions—for example, separating families on the border—even legal? This podcast tries to answer those questions by looking at the US Constitution.

In the most recent episode, "Roe", University of California, Davis Law professor Elizabeth Joh looks at how Trump's second Supreme Court pick could potentially affect the Roe v. Wade ruling that made abortion legal in the United States. The podcast delves into the history of the case and the constitutional groundings of the decision, and makes predictions about the future. It also looks at Trump's Supreme court nominee, Brett Kavanaugh, and speculates on how his appointment might alter the balance.

She concludes that a more conservative Supreme Court could change the Roe ruling in two primary ways. First, it could uphold many more types of restrictions on abortions, just short of making it illegal altogether. For example, some of the restrictions that already exist include waiting periods, counseling requirements, requiring abortion providers to be doctors, and limiting where abortions can take place. The second is that it could allow more conservative states to pass policies making access to abortion all but impossible. For example, forbidding abortions after a fetal heartbeat can be detected (which can happen as early as six weeks of pregnancy).

Finally, it's possible that a Supreme Court with five conservative justices could potentially overturn Roe v. Wade entirely, since the precedent is entirely based on a previous Supreme Court's interpretation of the US Constitution—making abortion in the United States illegal.

Podcast: How Trump's Supreme Court Choice Could Block Abortion Access In The US
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