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12/16/2021

Podcast: Akhil Amar and Ed Whelan on the Texas Abortion Decision [Updated]
Michael Ramsey

On Professor Ahkil Amar's "America's Constitution" podcast, a discussion with Ed Whelan (Ethics & Public Policy Center/Bench Memos).  From the podcast description:

The Supreme Court isn’t done with abortion yet, as it marks our “silver episode” unveiling with a pair of rulings on the Texas abortion law, SB8.  The rulings themselves may not be long remembered, but the opinions contained sentences that shocked Professor Amar.  In a happy coincidence, the Friday rulings coincided with a Friday taping, and we happened to have a special guest - Ed Whelan, creator of the well-known “Bench Memos” legal blog and Distinguished Senior Fellow of the Ethics and Public Policy Center.  We dissect the very revealing statements by Chief Justice Roberts, Justice Sotomayor, and others, on an eventful day.

Via Ed Whelan at Bench Memos, who adds:

The podcast is titled “The Court Astonishes,” and the promotional summary states that “the opinions contained sentences that shocked Professor Amar.” I’ll highlight that those shocking—“astonishingly troubling,” as Amar puts it—sentences were entirely in the dissents of the Chief Justice and of Justice Sotomayor and involved their mistaken invocations of Marbury v. Madison and of the pernicious myth of judicial supremacy. The listener will discover that Amar’s assessment is deeply compatible with my recent posts on “Sotomayor’s ‘Analogous Sentiments’” and “John Roberts vs. John Roberts on Marbury and Judicial Supremacy.”

UPDATE: At Volokh Conspiracy, Josh Blackman comments, with quotations from the podcast: Akhil Amar Dismantles The Flawed Dissents in WWH v. Jackson.