Welcome to I Am Roe, Hear Me Roar! I'm your host, Kelley Keller. This podcast recounts the journey of Jane Roe, Henry Wade, their cataclysmic meeting in the United States Supreme Court, and the ensuing aftermath. The show will focus on asking and answering the following questions:
What exactly does Roe say?
What exactly does Roe NOT say?
What is the state of the law now?
Where do we go from here?
What actually happened to Roe and Wade?
So, please join me on this fascinating journey as we unpack the ongoing fight for abortion rights in America that no one actually seems to be winning.
In this episode, we begin by acknowledging that abortion was returned to the states on June 24, 2022, with the Supreme Court decision in Dobbs v. Jackson. This meant that state laws banning abortion could no longer be overturned on the grounds they violate a woman’s Constitutional right of privacy. Whether laws that restrict abortion are acceptable is to be addressed democratically by the people.
Next, we discuss the fact that there are seven types of restrictions states can enact, related to costs, delays, availability, and consent. So, even though one has a “right” to something, it’s another thing to be able to exercise that “right.” While women theoretically have had a right to choose to terminate a pre-viability pregnancy, regulations, including public funding bans, have certainly burdened access to that right.
We close out with a preview of the next episode where we’ll illustrate “regulation in action” by dissecting Pennsylvania’s Abortion Control Act, which has been the subject of not just one, but three Supreme Court decisions, including the famous 1992 decision - Planned Parenthood v. Casey.
Connect with Kelley Keller on LinkedIn
https://www.linkedin.com/in/kelleykeller/
1 Jul 2022
4: The Day That Roe Died
This episode addresses the June 24, 2022 bombshell decision from the U.S. Supreme Court - Dobbs v. Jackson - which overturned Roe v. Wade and Planned Parenthood v. Casey.
We begin the show by exploring the core issue in Dobbs, which is the “fundamental right” to choose to have an abortion created by Roe.
First up, we identify what fundamental rights are and where they’re found in the Constitution. Then we take a deep dive into the Due Process Clause of the 14th Amendment since that is the source of the “privacy right” in Roe. This leads us to a discussion of the term “liberty” in the Due Process Clause … nor shall any State deprive any person of life, liberty, or property without due process of law … and how it was defined and expanded over the course of the 20th Century to includes rights of privacy under a doctrine called substantive due process.
We then shift to the test, or standard, used to determine whether a right should be included in the expansive definition of liberty and discuss how Dobbs applied it.
We round out the show by unpacking Justice Thomas’ concurrence in Dobbs and what it really means.
Finally, we wrap with a TL;DR about Dobbs, what happened, and where we go from here, now that abortion is back in the hands of the people.
Links Mentioned
Roe v. Wade - Supreme Court: https://supreme.justia.com/cases/federal/us/410/113/#tab-opinion-1950137 (https://supreme.justia.com/cases/federal/us/410/113/#tab-opinion-1950137)
Planned Parenthood v. Casey
https://supreme.justia.com/cases/federal/us/505/833/
Lochner v. New York
https://supreme.justia.com/cases/federal/us/198/45/
West Coast Hotel Co. v. Parrish
https://supreme.justia.com/cases/federal/us/300/379/
Griswold V. Connecticut
https://supreme.justia.com/cases/federal/us/381/479/
Washington v. Glucksberg
https://supreme.justia.com/cases/federal/us/521/702/
Moore v. City of East Cleveland
https://supreme.justia.com/cases/federal/us/431/494/
Dobbs v. Jackson Women’s Health
https://supreme.justia.com/cases/federal/us/597/19-1392/
U.S. Constitution: https://www.archives.gov/founding-docs/constitution-transcript
U.S. Const. Bill of Rights: https://www.archives.gov/founding-docs/bill-of-rights
U.S. Const. 9th Amendment: https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-amendment-ix
U.S. Const. 14th Amendment: https://www.archives.gov/founding-docs/amendments-11-27#xiv
Connect with Kelley Keller on LinkedIn
https://www.linkedin.com/in/kelleykeller/
24 Jun 2022
3: The Case That Changed Roe: Planned Parenthood v. Casey (1992) - Part 1
This episode lays the groundwork for understanding the second most important abortion case in American law, Planned Parenthood v. Casey, decided in 1992.
The episode begins with an acknowledgment that Roe did not settle the abortion debate, but rather created a fractious debate that didn’t really exist before it was passed.
We then shift to discussing the myriad health and safety regulations passed by various states in the post-Roe years and why they were struck down by the high court. This leads into a discussion of standards of judicial review and how courts determine whether a law is constitutional or unconstitutional.
Understanding the standard of review is key for understanding Planned Parenthood v. Casey, which changed the standard of review for abortion cases and reduced the court’s authority to police regulatory legislation. It is also important to understand the role Justice Sandra Day O’Connor played in crafting Casey and this new standard of review.
We also explain that Casey also threw out Roe’s trimester framework in favor of a viability test, which, given advances in medical technology, necessarily made it easier to regulate abortion earlier in the pregnancy.
We wrap the show with a TL;DR about the two pillars of abortion law, Roe and Casey, and the role they play in the current legal environment.
The next episode will take a deep dive into Casey and how we regulate abortion in the United States.
Links Mentioned
Roe v. Wade - Supreme Court: https://supreme.justia.com/cases/federal/us/410/113/#tab-opinion-1950137
Akron v. Akron Center for Reproductive Health
https://supreme.justia.com/cases/federal/us/462/416/#tab-opinion-1955113
Calautti v. Franklin - Supreme Court:
https://supreme.justia.com/cases/federal/us/439/379/
Thornburgh v. American College of Obstetricians
https://supreme.justia.com/cases/federal/us/439/379/
Webster v. Reproductive Health Services
https://supreme.justia.com/cases/federal/us/492/490/
Planned Parenthood v. Casey
https://supreme.justia.com/cases/federal/us/505/833/
U.S. Constitution: https://www.archives.gov/founding-docs/constitution-transcript
U.S. Const. Bill of Rights: https://www.archives.gov/founding-docs/bill-of-rights
U.S. Const. 9th Amendment: https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-amendment-ix (https://www.archives.gov/founding-docs/bill-of-rights-transcript%23toc-amendment-ix)
U.S. Const. 14th Amendment: https://www.archives.gov/founding-docs/amendments-11-27#xiv (https://www.archives.gov/founding-docs/amendments-11-27%23xiv)
So, stay with me, and I’ll see you in Episode 4 of I am Roe, Hear Me Roar
3 Jun 2022
2: What Does Roe v. Wade Actually Say?
This episode lays the groundwork for understanding Roe v. Wade, the famous 1973 Supreme Court decision that effectively legalized abortion nationwide for the first time.
First, we set the stage - the legal stage that is.
We begin with an explanation of Jane Roe’s initial lawsuit filed in the federal district court in Dallas, Texas against Henry Wade, the district attorney in Dallas County, where she argued that the 1854 Texas law criminalizing abortion, except in cases to save the life of the mother, was unconstitutional.
Jane won half the case, so she appealed to the U.S. Supreme Court. Wade appealed to.
We then move onto the appeal and explain the arguments put forth by both sides and unpack the decision of the court which didn’t give either side everything they wanted, but some of what they wanted.
The decision itself, and its reasoning, has been a source of much controversy in legal and political circles alike given the unique trimester framework it laid out for balancing the interests of the pregnant woman, fetus, and the state.
Finally, we recap with a TL;DR and set up the next episode where we’ll dissect the second most famous abortion case in America: Planned Parenthood v. Casey (1992) and explore how it changed Roe and, despite its good intentions, muddied the abortion waters all the more.
Links Mentioned
Roe v. Wade - First Lawsuit in the U.S. District Court for the Northern District of Texas: https://law.justia.com/cases/federal/district-courts/FSupp/314/1217/1472349/
Roe v. Wade - Supreme Court: https://supreme.justia.com/cases/federal/us/410/113/#tab-opinion-1950137
Griswold V. Connecticut: https://supreme.justia.com/cases/federal/us/381/479/#tab-opinion-1945663
Planned Parenthood v. Texas: https://supreme.justia.com/cases/federal/us/505/833/#tab-opinion-1959105
U.S. Constitution: https://www.archives.gov/founding-docs/constitution-transcript
U.S. Const. Bill of Rights: https://www.archives.gov/founding-docs/bill-of-rights
U.S. Const. 9th Amendment: https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-amendment-ix
U.S. Const. 14th Amendment: https://www.archives.gov/founding-docs/amendments-11-27#xiv
Connect with Kelley Keller on LinkedIn
https://www.linkedin.com/in/kelleykeller/
So, stay with me, and I’ll see you in Episode 3 of I am Roe, Hear Me Roar.
5 May 2022
1: Introduction to I Am Roe, Hear Me Roar
Welcome to Episode 1 of I am Roe, Hear Me Roar. This introductory episode is a table of contents of sorts for the podcast so you know what to expect. Here’s the scoop.
What is the show about?
Specifically, I am Roe, Hear Me Roar is a legal podcast. It will paint a clear picture of the legal landscape surrounding abortion in the United States. It is neither a political nor advocacy show arguing for or against a particular position on abortion. Instead, it’s a revelatory show - safe for everyone, irrespective of your personal opinions or political position regarding abortion.
What is the purpose of the show?
This podcast exists is equip non-legal experts with the knowledge and information needed to have a better understanding of the legal and social tension surrounding abortion and why it’s seemingly impossible to find a middle ground.
What will the show cover?
The podcast begins with an examination of the law as it stands now. Next, we’ll crack open the history books to see how and why we’re experiencing this highly contentious public debate. And, last, but not least, we’ll peel back the onion a bit and identify practical and useful next steps, depending on the outcome of the case currently pending before the court, Dobbs v. Jackson.
Thank you for joining me on this fascinating exploration of the legal history of abortion in America.
Links Mentioned
Roe v. Wade
https://www.oyez.org/cases/1971/70-18
Planned Parenthood v. Casey:
https://www.oyez.org/cases/1991/91-744
Connect with Kelley Keller on LinkedIn
https://www.linkedin.com/in/kelleykeller/
1 Apr 2022
I Am Roe, Hear Me Roar - Podcast Trailer
Welcome to I Am Roe, Hear Me Roar! I'm your host, Kelley Keller. This podcast recounts the journey of Jane Roe, Henry Wade, their cataclysmic meeting in the United States Supreme Court, and the ensuing aftermath. The show will focus on asking and answering the following questions: What exactly does Roe say? What exactly does Roe NOT say? What is the state of the law now? Where do we go from here? What actually happened to Roe and Wade? So, please join me on this fascinating journey as we unpack the ongoing fight for abortion rights in America that no one actually seems to be winning.
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