S3 | SS2: The Road We’re On: 1 Step Forward, 2 Steps Back

In Dobbs v Jackson Women’s Health Organization, the U.S. Supreme Court released a decision penned by Justice Samuel Alito which held that the right to an abortion outlined in Roe v Wade under the Due Process clause of the 14th amendment was errantly determined. In the decision, Alito wrote, “the Due Process Clause of the Fourteenth Amendment… has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.”

Many legal scholars believe that this sets a dangerous precedent for the many rights afforded to Americans under the 14th amendment, and undermines many of the liberties that Americans - conservative and liberal - have come to rely on. Could this be two steps backward on the path to equal treatment and equal protection for all Americans?

Bonus discussion, Let’s Talk About States’ Rights + Episode 3 of this series, Runaway Train, are live on Patreon NOW!

What’s in this episode?

• Due process, substantive due process, and unenumerated rights.

• Penumbras, "The Shadows of the Constitution" from Throughline

• The “deeply rooted” methodology (Washington v Glucksberg + Dobbs v Jackson) + the danger of said methodology.

• States make terrible decisions, like forced sterilization (Buck v Bell).

• Clarence Thomas says all substantive due process decisions are demonstrably erroneous (yikes).

• Good News: The Yellow Bus Project visits Ted Cruz.

If you’d like to get in touch…

You can leave us a review at: https://ratethispodcast.com/fireside

Or you can drop us a note from our Contact page!

You can find all of our sources in our Show Notes.

And, check out our Patreon Page! Patrons get access to early episode drops, bonus content, priority topic requests, quarterly happy hours, and more!