The Future of the Past

Published: Dec. 1, 2021, 4:48 a.m.

b'Fifty years of controversial jurisprudence have followed Roe v. Wade, and now the Supreme Court will hear oral argument in a case that many see as this story\\u2019s reckoning: Dobbs v. Jackson Women\\u2019s Health Organization.\\xa0 In our last episode Professor Amar identified \\u201cprecedent\\u201d as the legal coordinates where the abortion road may fork.\\xa0 He now lays out the conflicting theories of precedent which the informed citizen needs to command when following this case. i Listeners to this episode will be armed with the tools to decipher today\\u2019s oral argument and tomorrow\\u2019s decision/opinion; indeed, in the briefs attached to this week\\u2019s \\u201cShow Notes,\\u201d both sides make arguments that will sound familiar to listeners to this podcast.\\xa0 One can only hope that the Justices are as informed as Amarica\\u2019s Constitution\\u2019s audience.'