Honestly with Bari Weiss The Yale Law Professor Who Is Anti-Roe, But Pro-Choice
24 snips
May 11, 2022 
Akhil Reed Amar, Yale's Sterling Professor of Law and a prolific author cited in over 40 Supreme Court cases, dives into the complexities of Roe v. Wade. He discusses why his liberal views align with Alito's draft opinion to overturn Roe. Amar probes the implications for abortion rights in America and the heightened need for political engagement from pro-choice advocates. He also offers insights into the cultural dynamics of the Supreme Court, especially in light of recent leaks, and emphasizes the necessity for legal reform over judicial rulings.
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Roe's Constitutional Weaknesses
- Roe v. Wade lacks clear textual basis in the Constitution and contradicts original intent.
- It also clashed with prevailing abortion laws in most states when it was decided.
Ginsburg's Misgivings
- Ruth Bader Ginsburg had misgivings about Roe v. Wade's impact, calling it a target for opponents.
- Other pro-choice scholars like John Hart Ely and Archibald Cox also criticized its constitutional basis.
A Pro-Choice Case for Overturning Roe
- Some argue overturning Roe would be healthier for democracy, forcing abortion rights debates into the political arena.
- Geographic polarization and interstate travel for abortions might ease tensions, Amar suggests.
