Key Insights
Why did the Fifth Circuit's decision on mail-in ballots receive criticism?
The Fifth Circuit interpreted century-old federal law to preempt state laws allowing ballots to be counted if postmarked by Election Day, which was previously unrecognized.
Why did the Fifth Circuit send the case back to the district court?
The Fifth Circuit did not put the Mississippi law on hold but sent the case back to determine the remedy, including whether any injunction would go into effect.
Why did the Fifth Circuit's decision on mail-in ballots not go into immediate effect?
The district court had previously upheld the state law, and the Fifth Circuit's decision was sent back to this court, which seemed to understand the law better.
Why did the authors of 'The Fall of Roe' start their story in 2012?
They started in 2012 because it was a pivotal moment when the anti-abortion movement thought all hope was lost, and it marked the beginning of a decade where the pace of change accelerated.
How did the anti-abortion movement prepare for the potential overturning of Roe v. Wade?
They developed a sophisticated network with grassroots organizers, lobbyists, state legislatures, and judges in key positions, and were prepared when Trump was elected.
Why did the left underestimate the threat to Roe v. Wade?
The left underestimated the threat because Roe was foundational to two generations and seemed untouchable, leading to a sense of denial among Democratic politicians and voters.
How does the book 'The Constitution of the War on Drugs' address the absence of constitutional arguments in drug policy debates?
The book explores why the Constitution is rarely enlisted in drug reform efforts despite its relevance to issues of racial equality, individual liberty, and criminal punishment.
Why did constitutional arguments for drug use fail in the 1970s?
Arguments failed because courts required proving a liberty interest as fundamental, which judges were unwilling to do for drug use, and the political climate shifted against drug liberalization.
How does the First Amendment complicate drug law reform?
The First Amendment protects commercial speech, making it difficult to restrict advertising of legal drugs, which can lead to over-marketing and problematic distribution.
Why does the author suggest the Constitution has both failed to protect and affirmatively legitimated the war on drugs?
The Constitution failed to stop harsh drug policies and was used to attack modest reforms, entrenching punitive policies and allowing aggressive enforcement tactics.
Chapters
- The Fifth Circuit ruled that states cannot count ballots that arrive after Election Day, even if they were mailed before.
- The court's decision was based on a misinterpretation of century-old federal law.
- The hosts express cautious optimism that the district court may not enforce the ruling during ongoing elections due to the Purcell principle.
Shownotes Transcript
