The Citizen's Guide to the Supreme Court

Dobbs v. Jackson Women's Health Oral Argument

·46 min·4 clips

Brett predicts Roe v. Wade is on less sturdy ground but might survive, while Casey could get a new test after the Dobbs oral argument.

Brett and Nazim, hosts of The Citizen's Guide to the Supreme Court, record this episode on December 1st, shortly after the Dobbs v. Jackson Women's Health oral argument. They begin with personal Thanksgiving anecdotes before diving into the legal analysis. Brett notes he hasn't listened to the argument but read tweets, while Nazim skimmed amicus briefs. The discussion centers on three main points: whether Roe or Casey should be overruled, how it could be overruled, and the consequences. Brett expresses reduced confidence in Roe staying unchanged, suggesting Casey might be overruled instead. They debate the concept of 'super precedent' and whether any ruling is untouchable. Nazim highlights the undue burden test's administrative difficulties and its favor towards mothers. The conversation touches on Justice Kavanaugh's neutrality argument, which could lead to overturning both cases. They consider practical impacts, such as trapping women in abusive relationships, and the demographic disparities in abortion law enforcement. Brett speculates on vote counts among justices, predicting Roberts and liberals might save Roe but Casey could get a new test. The episode concludes with reflections on the Supreme Court's evolving role as a 'Council of Elders' and potential effects on other rights like same-sex marriage. The hosts invite listener feedback and preview next week's topic on 1983 claims.

As heard by us

A grounded review of Dobbs, undue burden, and the people most exposed when abortion law changes.

Dobbs v. Jackson Women's Health frames the abortion-law fight as both a technical problem for courts and a question with real human consequences.

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Why you'd press play

You want a serious Supreme Court conversation that starts with the mechanics of abortion-law doctrine and then turns toward who pays the highest price when abortion is made illegal.

Read the full recommendation in PlayNext →

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