The Philip DeFranco Show - PDS 6.24 ROE v WADE OVERTURNED. Here's What Happens Now. This was just the first step.

Episode Date: June 24, 2022

Today, we’re all living in a different America than we did last week. News You Might Have Missed: ​​https://youtu.be/KP4R-Lk7JpI TEXT ME! [phone] Get More Phil: https://linktr.ee/PhilipDeFranco – ✩ TODAY’S STORIES ✩ SCOTUS Overturns Roe v. Wade https://www.nytimes.com/live/2022/06/24/us/roe-wade-abortion-supreme-court https://www.wsj.com/livecoverage/supreme-court-decision-roe-v-wade-6-24-2022 https://www.cnn.com/politics/live-news/roe-wade-abortion-supreme-court-ruling/index.html https://fivethirtyeight.com/features/roe-v-wade-defined-an-era-the-supreme-court-just-started-a-new-one/ https://www.latimes.com/politics/story/2022-06-24/roe-vs-wade-falls-a-comprehensive-guide-to-l-a-times-coverage —————————— Produced by: Cory Ray Edited by: James Girardier, Maxwell Enright, Julie Goldberg Art Department: Brian Borst, William Crespo Writing/Research: Philip DeFranco, Brian Espinoza, Maddie Crichton, Lili Stenn, Ben Wheeler, Chris Tolve Production Team: Zack Taylor, Emma Leid ———————————— #DeFranco #RoeVWade #SCOTUS ———————————— Learn more about your ad choices. Visit megaphone.fm/adchoices

So they did it. They finally did it. The Supreme Court overturned Roe v. Wade in a 6-3 vote today. With the decision stemming from that case in Mississippi involving a law in the state that banned abortion at 15 weeks. With the law having been challenged on the grounds that it was against the Supreme Court precedent on fetal viability. Which is the point when the fetus can live outside the womb, which is usually around 23 weeks. But that was never really the point. Mississippi had clear intent here. Take advantage of the conservative PAC Supreme Court and undo Roe. And as of today, that is exactly what they got. With the justices voting six to three, though Chief Justice John Roberts wrote a concurring opinion saying that he only agreed with upholding the Mississippi law

and opposed overruling Roe altogether. But in the majority opinion, Justice Samuel Alito wrote, the Constitution does not confer a right to abortion. Alito's opinion going on to say, abortion presents a profound moral question. The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives. Right, and if this opinion sounds familiar to you,

it's because many of the key passages in Alito's final decision were copied almost word for word from the draft that was leaked back in May. This including one of the main overarching arguments that Alito made, which was that the Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision. With him claiming that because of that,

Roe needed to be deeply rooted in the nation's history and traditions. Which he argued abortion was not because it had been criminalized until just 50 years ago. With the opinion continuing, all in all, Roe's reasoning was exceedingly weak and academic commentators, including those who agreed with the decision as a matter of policy,

were unsparing in their criticism. Alito calling Roe egregiously wrong and deeply damaging, saying that Roe's constitutional analysis was far outside the bounds of any reasonable interpretation of the various constitutional provisions to which it vaguely pointed. As far as the dissenting opinion, we saw Breyer, Sotomayor, and Kagan write,

"'Respecting a woman as an autonomous being "'and granting her full equality "'meant giving her substantial choice "'over this most personal and most consequential "'of all life decisions,' and saying that the Supreme Court now says "'that from the very moment of fertilization, "'a woman has no rights to speak of.

A state can force her to bring a pregnancy to term even at the steepest personal and familial cost. And going on to say, some states will not stop there. Perhaps in the wake of today's decision, a state law will criminalize the woman's conduct too, incarcerating or fining her for daring to seek or obtain an abortion. As Texas has recently shown,

a state can turn neighbor against neighbor. And on the note of this is not going to stop here, you have the justices saying this, I've been saying this for a long time, and we're already seeing it. Justice Clarence Thomas filed a concurring opinion where he wrote, the Supreme Court should reconsider

all of this court's substantive due process precedents, including Griswold, Lawrence, and Obergefell. We're already seeing a conservative justice saying, hey, protection about contraception, same-sex relationships, same-sex marriages, all on the table. All those could be part of what is stripped away next. And that's just with the stuff that is not abortion.

As far as abortion, they're not done. Like I've talked about with you on this show, we've already seen conservatives saying, hey, let's try and set up laws where people can't leave our state to go to a state where it is legal to get an abortion. How would we do that? What would that look like?

Nancy Pelosi today saying, hey, watch out. The Republicans are gonna try and do a nationwide ban. The Republicans are plotting a nationwide abortion ban. They cannot be allowed to have a majority in the Congress to do that. But that's their goal. And if you read, and again, we're all studying all this, but if you read what is very clear, one of the justices had his own statement. It's about

contraception, in vitro fertilization, family planning. That is all what will spring from their decision that they made today. And that's not some crazy thought that they would do this. Fuck, I mean, you had House Minority Leader Kevin McCarthy pretty much confirming that today. As encouraging as today's decision is, our work is far from done. Americans remain one of only seven countries on earth

that allow elective abortions in the third trimester. Of those seven countries that America's one of them, there's two others, China and North Korea. That is radical. The House Democrats continue to support it against the wishes of the American people. And while obviously the most important thing is how this is gonna impact people in the now,

in the near future and moving forward, one of the big questions we're seeing more and more is how is this going to affect the midterms? Because according to polling, a healthy majority in this country believe that women should have access to abortions. You're seeing the Republican leaders, the McConnell's and McCarthy's of the world saying,

"'Mission accomplished, but there's more to do. "'Give us more power and we'll keep pushing "'and pushing and pushing and make sure we keep "'the Supreme Court locked in the way it is now, right? Does that have an impact? Does this make single-issue voters that are gonna go to the polls in the midterms when, I mean, the Democrats have been polling fucking horribly? And that's a real question because among the responses that we're seeing, we're seeing some that you would think are unlikely, like Dave Portnoy of Barstool Sports. Well, seen by many is a Trumpy conservative putting out a video today saying, what the fuck's happening in our country?

To me, this is just pure insanity. Pure insanity. We are going backwards in time. We are literally going backwards in time. It makes no sense how anybody thinks it's their right to tell a woman what to do with her body. I just don't get it. To take away the ability to make informed decisions on how they want to live their lives is bananas. I know people will be like, well, no, it's a constitutional issue. They're just giving it to the states. Well, like what? 20 states are saying they're going to overturn it right away. And what if you're poor in that state and you can't go to another state and things like that? It's just nuts to me. Not to mention the same people are saying, you know, they want to take it away and overturn it are also like gotta protect guns

because the constitution at what point do you look at the constitution and say hey this was written by people who had slaves maybe not everything is exactly to a t in the constitution like a million years from now you're going to use the document written in the it's just nuts in what world the world evolves people evolve technology evolves you got to evolve you can't stick with this document and look at that and be like that's the end all be all it's literally crazy pills this is coming from somebody who consistently is like the u.s is the best country in the world by a mile i still believe it but we're going backwards and the left and the right suck so fucking bad.

Like, the left fucking hates me. The woke left, the liberals, they're crazy. They're insane people. Yet, I end up having to vote for a moron like Biden because the right is going to put Supreme Court people in who are just ruining this country and taking basic rights away. What's next? Same-sex marriage? Like, what is next? It's insane.

That's why we have to vote for the morons like Biden, who's borderline incompetent because it's too dangerous to vote Republican. Like, what the fuck are we doing? Wake up. And with all of that, I'll say it's really notable that Portnoy did that, considering that, like, if you look into his comments,

he has a lot of conservative followers that are not on board with what he's saying. So the question is out there, do conservatives lose people that are not a part of the kind of the Christian right? Do they in the next elections begrudgingly vote against Republicans until they change their policy?

I personally would say I don't believe so, but all this talk of a nationwide ban where you don't even get to say that it's just a state's right issue, that could potentially change heart and minds. Also, just so there's no confusion, I think that women should have the right. I'm not gonna get on a soapbox and give you some like very flowery speech. I just,

that's the way that I see the world and that's what I think is right. And personally, I will vote against any pro birther who supported the overturning of Roe v. Wade. And that's where I'll leave it as far as me, short and sweet. The next thing that I was going to talk about was this reaction, that reaction, because everyone's firing off. You're likely scrolling through social media right now, so you're seeing all that. So what I want to talk about last is what is going to happen now, right? What is your today like? What is the soon-to-be immediate future going to be? How does this affect you? And a lot of that depends initially on where you live. In the short term, very few states are affected. But like we've talked about in the past, there are

about a dozen or so states that have so-called trigger laws, anti-abortion laws that go into effect when Roe is overturned. And so far, we've seen Missouri become the first state to do so, with Attorney General Eric Schmidt signing a legal opinion to implement their ban. It's also expected that South Dakota, Louisiana, and Kentucky will soon follow. There are even states like Alabama, which has had an abortion ban on the books for decades, it seems to have now gone into effect again. But reportedly, it could also be months before other trigger law states follow suit as they navigate the legal stuff before committing to a ban.

Then you have other states like Georgia, South Carolina, Indiana, and Ohio. All of them are likely to ban abortion sometime soon, or will have versions that are far more restrictive than was previously allowed. And then you have places like Kansas, which had already announced that it was going to be the first state to have a referendum on abortion in August.

And then finally, you have the states that have explicitly protected the right to an abortion. Are you talking about states like New York, Massachusetts, Oregon, California, and others? As a matter of fact, California lawmakers just passed a bill yesterday that even expanded protections by shielding people from abortion-related civil suits

brought on by people in other states. Right, so if you're from Texas and go to California to get an abortion, the abortion provider in California is protected from any lawsuits brought on by Texas's backward fucking law. But then again, there are a lot of states that are going to kind of drift along until lawmakers or voters decide to more clearly fall one way or the other. Also with this, you have people saying, hey, we need a codify role on a national level, which normally I would say that's probably dead in the water because you have, you know, Manchin and Sinema in the Senate. They even had Manchin today saying that he was deeply disappointed by the decision and would vote to codify Roe. But it's also easy for him to say that because he knows that he won't vote

against destroying the filibuster. So he gets to say that he stands for one thing, but actually do nothing. But ultimately, that's where I'm going to leave it for now. Obviously, this is a developing situation. Who knows what's going to happen later today over the weekend. At the very least, we'll get back together on Monday. Since YouTube often suppresses these kind of videos on controversial topics, I'll say follow me on Twitter over at at PhillyD to see if I post more videos over the weekend. But where I'll leave this is after this weekend, specifically after today, there is no doubt that we all live in a different America than we did last week. Being an American stands for something different now. You have people on the right like McCarthy

who are happy about what that means. You have those like Portnoy that are confused by what that means. And you have people like AOC, furious about what that means. And saying today, overturning Roe and outlawing abortions will never make them go away. It only makes them more dangerous,

especially for the poor and marginalized. People will die because of this decision. And we will never stop until abortion rights are restored in the United States of America. And today is day zero of waiting to see if that day ever comes. And if so, how far will the pendulum swing first? My name's Philip DeFranco.

You've just been filled in. I love your faces. Stay safe out there, and I'll see you next time.