Judging Freedom - The Fate of Abortion in America

Episode Date: April 6, 2022

#abortionSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Hello there, everyone. Judge Andrew Napolitano here for Judging Freedom. Today is Wednesday, April 6, 2022. It's about 20 after 4 in the afternoon here on the east coast of the United States. In a moment, the state of Oklahoma and its near total ban on abortion. Before that, an announcement that I'm very, very happy to make. Next Tuesday, April 11th at 1245 in the afternoon, I will get to interview, sorry, I'm so happy about this, I'm stumbling over the words. I will get to interview the man I admire most, who is my hero in the libertarian world, and who is the gold standard amongst those who fight for the triumph of the individual over the state, Dr. and former Congressman Ron Paul. So Ron Paul, right here on Judging Freedom, Tuesday, April 11th, 1245 in the afternoon Eastern Time, live.

I can't wait. I hope you'll watch. I hope you'll also like and subscribe. Like and subscribe. The more people that like and the more people that subscribe, the more people we reach and the more effective our message will be. Yesterday, the lower house of the legislature of the state of Oklahoma passed legislation which had already been passed by the Oklahoma State Senate, which bans all abortions at any time for any reason except when the life of the mother is threatened by a true medical emergency certified by two emergency physicians. This is as close to a total ban on abortion as we have seen, and under current federal law, which is still Roe versus Wade,

it is unconstitutional. However, the Supreme Court of the United States has permitted the state of Texas, which has banned all abortions after a fetal heartbeat is detected, which is about six months after conception, and the Supreme Court, which is going to rule on the constitutionality of that someday, has refused to disturb it. That sends a signal to legislatures throughout the country. The Supreme Court of the United States is permitting nullification. It's permitting the legislature or the highest court of a state to nullify an opinion of the Supreme Court of the United States, which has been the law of the land since January 1973. Other states have done similarly. Florida and Kentucky come to mind. Mississippi has a ban after 15 weeks. The Mississippi case, pardon me, has been argued before the Supreme Court,

and it is the one that will probably result in the repeal of Roe versus Wade, leaving all abortion laws and decisions up to the states. But this one in Oklahoma is a dream for those who believe that the baby in the womb is a person, because the effect of this law is to ban all abortions in Oklahoma. Why do I say all? Because the medically necessary abortions in order to save the life of the mother, not her health or her happiness or her peace of mind, but her life simply don't happen anymore. Why? Because of advances in gynecology and in treating the fetus and treating the mother. In that rare, rare case, Oklahoma will permit an abortion. I would imagine that the abortion folks are going to try and challenge this. Oklahoma's thought about this.

This doesn't take effect until July of this year. Well, what's going to happen the last week in June of this year? The Supreme Court's decision in the Mississippi case will come down. So if the Supreme Court in the last week of June of this year, as I think it will, invalidates Roe versus Wade and leaves abortion decisions up to the state, four days later, the Oklahoma law will take effect and no legal challenge will be feasible. It'll be interesting to see what other state legislatures and state Supreme Courts, a court of last resort, do about all of this. Judge Napolitano for Judging Freedom. you