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The Originalism Trap with Madiba Dennie

Episode 207 uploaded June 23: Sam Goldman shares commentary on the second anniversary of the overturn of Roe & the stripping away of the federal protection of abortion rights.

She welcomes Madiba K. Dennie to back on the show to discuss originalism as the underlying theory behind some of the worst recent Supreme Court decisions. Madiba is the Deputy Editor and Senior Contributor at Balls and Strikes, and author of The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back.

Madiba K. Dennie:
Originalism is this idea that says the meaning of the Constitution is fixed in time and whatever they claim the Constitution meant hundreds of years ago that meaning remains authoritative today...We've seen this used perhaps most egregiously in Dobbs where the conservative justices looked at some selected points in history and said at these particular moments in time there was not a recognized right to abortion and therefore state governments have the authority to regulate abortion however they feel like... It's absurd to base women's rights on a time when women did not have legally recognized rights. It simply bakes in the biases of that time period; a very expansive array of rights are now threatened because of that originalist framework.

Sam Goldman:
As harrowing as the past two years have been, it is clear that this is only the beginning of the hell they hope to rain down on women, girls and LGBTQ people. There are no safe zones in their quest for theocratic domination. Our world has changed. We changed. Some of us don’t think we have. But we’ve changed in what we allow. What we suppress. What we ignore. What lies we will choose to believe. How we have accommodated a christian fascist movement that has only accelerated their theocratic ambitions– telling you, no, screaming at you that they are coming for it all, coming for us all. We have to stand up and fight this assault and question what kind of fucked up system not only allows this nightmare but has patriarchy woven into its very fabric.

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