September 6, 2016

Listen to the Episode

From The Official Website:

Our discussion of abortion continues as we walk through the Supreme Court’s opinion in Roe v. Wade and its aftermath.

In our first segment, “Closed Arguments” continues with a look at whether you should call your law professor by her first name. (No. No, you should not.) And in our closing segment, we answer a question from listener Ben Young III on courts as an agency for change and social justice.

Show Notes & Links

  1. Roe v. Wade, 410 U.S. 113 (1973).
  2. Read the Wall Street Journal story about the law professor who just wants her students to call her Professor Baughman.

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies
Magic Law Words




  • [00:00:00] Intro
  • [00:02:15] Closed Arguments “Should you call your law professor by her first name?”
  • [00:05:35] Main Segment (Deep Dive): Operative argument of Roe v. Wade
  • [00:06:35] Begin discussion on origins of Roe v. Wade lawsuit
    • [00:09:15] Review of old laws challenged by the lawsuit
    • [00:10:10] Uses of standing, injunctive relief, declaratory relief, damages
    • [00:12:30] Assistant Attorney General’s role as Defendant in the lawsuit
    • [00:13:35] Discussing weird old unenforced laws on the books
    • [00:17:10] Roe v. Wade and other similar lawsuits brought before Federal District Court
    • [00:19:31] Federal District Court’s declarations on abortion rights protections
    • [00:20:35] Supreme Court’s reach down to the case
    • [00:21:58] Discussing procedural posture, and procedures of intervention and amicus brief
    • [00:27:09] Discussing Roe v. Wade personal liberty arguments
    • [00:28:18] Referencing Penumbra law term
    • [00:29:30] Cite/discuss Section 8, Page 152 of Roe v. Wade, 410 U.S. 113 (1973)
    • [00:31:40] Discuss right to privacy/equal protection vis-à-vis constitution and legal precedent (Loving v. Virginia (1967) and Griswold v. Connecticut (1965))
    • [00:35:10] Overturning of state law, case laws defining constitutionally unnamed rights’ protections, and closing remarks on Roe v. Wade
  • [00:41:05] New Patron Thanks
  • [00:41:50] Patron Hall of Fame
  • [00:42:20] Outro

Follow up

  • Bonus 1 - A patreon-only episode does a deep dive into privacy law before Roe v. Wade
  • Episode 11: Part 3 of the Roe v. Wade deep dive