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    Elizabeth Dias and Lisa Lerer: The Inside Story of the Fall of Roe

    en-usJune 12, 2024

    Podcast Summary

    • Stealthy dismantling of women's rightsDespite warnings, many underestimated the threat to women's rights due to a lack of imagination and normalization of abortion in popular culture. Anti-abortion movement had a well-planned strategy to pass restrictive laws and challenge them in courts.

      Learning from this discussion with Elizabeth Diaz and Lisa Lair, authors of "The Fall of Roe, The Rise of a New America," is the stealthy and strategic dismantling of women's rights, particularly the right to abortion, that occurred over the past few decades. Despite warnings from Democrats and legal experts, many Americans, including voters and politicians, underestimated the threat due to a lack of imagination and the assumption that these rights were firmly established. Additionally, the controversial nature of abortion seemed to be receding as it became more normalized in popular culture. The anti-abortion movement, however, had a well-planned strategy to pass restrictive laws in multiple states and challenge them in the courts. This discussion serves as a stark reminder of the importance of staying informed and vigilant about issues that may seem out of the public spotlight but can significantly impact our lives and rights.

    • Anti-abortion strategyThe anti-abortion movement strategically targeted smaller independent clinics and Planned Parenthood, while the abortion rights movement primarily focused on federal elections, leading to a disconnect between national and state actions and allowing the overturning of Roe v. Wade during the Trump era

      The fight to overturn Roe v. Wade was not just about passion and zeal from the anti-abortion movement, but also strategically obscured the larger picture. The anti-abortion forces made politically and legally strategic choices to focus on smaller independent clinics and Planned Parenthood, while the abortion rights movement primarily focused on federal elections. This created a disconnect between what was happening at the national and state levels. The Trump era accelerated the process, with Trump's Supreme Court appointments making it difficult for the abortion rights movement to stop the overturning of Roe. Additionally, the chaos of the Trump administration distracted attention from the issue. Two key organizations, Leonard Leo and the Federalist Society, and the Alliance Defending Freedom, worked in tandem to fund and advance the anti-abortion cause through litigation. Leo, as the head of the Federalist Society, used his personal drive for the anti-abortion cause to push for change, while the Alliance Defending Freedom became more powerful in achieving "generational wins" that aligned American culture with conservative Christian values.

    • Anti-abortion movement strategyThe anti-abortion movement effectively targeted the legislative process and Supreme Court to challenge Roe v. Wade after the 2016 election, leaving Democrats unprepared and unable to effectively defend abortion rights

      The anti-abortion movement, specifically the newer groups like the Susan B. Anthony List, have effectively organized and executed a strategic attack on abortion rights, starting with the legislative process and working their way up to the Supreme Court. This was particularly impactful after the 2016 election, when Democrats were caught off guard and unable to effectively defend abortion rights due to a lack of leadership and focus. The movement's goal was to find a magic number of weeks of gestation and a circuit split to force the court to reconsider Roe v. Wade. The time period following Hillary Clinton's loss and Cecile Richards' departure from Planned Parenthood was pivotal, as Democrats were unprepared for the new era and unable to effectively communicate their message. While the movement's success in overturning Roe may not have been entirely preventable, a more effective political message from the pro-choice side could have potentially made a difference.

    • Pro-life strategyThe pro-life movement strategically passed abortion restriction bills in multiple states to create circuit court conflicts, potentially reaching the Supreme Court with a new justice on the bench.

      The pro-life movement, led by lawyers with the Alliance Defending Freedom, strategically planned to challenge the Roe v. Wade precedent by passing similar abortion restriction bills in various states and creating circuit court conflicts to potentially reach the Supreme Court. This multi-dimensional plan, which included the 15-week bill, ultimately led to the case being heard with Brett Kavanaugh on the bench. Additionally, the importance of self-care, such as using One Skin's scientifically proven topical supplements, was emphasized as a reminder to take care of oneself.

    • Supreme Court PoliticsThe Supreme Court's decision to hear a case that could overturn Roe v. Wade was influenced by internal politics and the aftermath of the Capitol riots, leading to a potential shift in women's rights in America.

      The Supreme Court's decision to hear the case that could potentially overturn Roe v. Wade in an unusual and delayed manner was influenced by internal politics and the aftermath of the January 6th Capitol riots. Justice Ginsburg's steadfast belief in the preservation of Roe and her reluctance to retire paved the way for a new generation of justices with differing views on women's rights. The upcoming election and the evolving stance of key figures within the Republican Party on abortion policies add complexity to the ongoing debate, highlighting the significant impact of seemingly small moments on historical shifts and women's rights in America.

    • Trump and anti-abortion movementTrump recognizes potential political risks of strict anti-abortion stance, while anti-abortion movement faces backlash and shifting political dynamics

      The relationship between former President Donald Trump and the anti-abortion movement has become complicated due to shifting political dynamics. Trump, who is known for his ability to sense mass politics, recognizes that support for exceptions to abortion restrictions is popular and that a 15-week federal ban could be politically toxic. Meanwhile, the anti-abortion movement is facing a mass political backlash and losing some support within the Republican Party. The pro-choice side, which has seen recent successes in elections and referendums, faces an unprecedented election in 2024 as the issue of abortion takes on new symbolic meanings related to gender, faith, race, and pregnancy. The unity of the pro-choice coalition remains to be seen, but the politics surrounding abortion have become more complex and unpredictable than ever before.

    • Abortion rights and state constitutionsAbortion rights supporters are shifting their focus to codifying abortion rights in state constitutions due to the challenging political landscape at the federal level, leaving anti-abortion forces outmaneuvered.

      The abortion rights issue has become a unifying force for the Democratic Party, leading to a surprising level of unity on the issue, unlike other fragmented areas. However, the promise to codify Roe v. Wade into law at the federal level is a challenging promise to keep due to the current political landscape and lack of agreement on legislation. Instead, abortion rights supporters are turning to a state-by-state strategy to codify abortion rights in state constitutions. The anti-abortion forces, who previously focused on this local and state strategy, are now being outmaneuvered by the abortion rights advocates. The political energy surrounding the issue could lead to increased pressure on the federal government to take action, but realistically, the focus is shifting to the states.

    • Political figures' personal details and abortionPersonal stories of political figures and their experiences with controversial topics like abortion can provide insight into their perspectives, but sharing such stories can also lead to backlash

      This conversation revealed intriguing personal details about key political figures, such as Mike Pence's marriage and Kellyanne Conway's pageant past. However, the conversation also touched on the controversial topic of abortion, with Elizabeth and Lisa sharing their experiences and the backlash they faced. Despite the challenges, they remained steadfast in sharing their story. It's important to remember that behind the headlines and political debates, there are real people with complex experiences and perspectives. The podcast, produced by Katie Cooper and engineered by Jason Brown, provides a platform for these stories to be heard.

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