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Kresta in the Afternoon – July 5, 2022 – Hour 2

Author: Published on: Published in: Al Kresta

We continue our deep dive into Dobbs, examining the concurring opinions of Roberts and Kavanaugh, along with the dissent. Carter Snead, Jason Negri, and Steve Mikochik are our guests.
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Justice Kavanaugh – Roe damaged the Court’s credibility

In his concurring opinion, Justice Kavanaugh writes that Roe had significant negative consequences because  it “gravely distorted the Nation’s understanding of this Court’s proper constitutional role,” damaging the Court as an institution. Carter Snead explains.

Links for this segment

‘Abortion Is Just the Beginning’: Six Experts on the Decision Overturning Roe

The Dobbs Decision and the Bioethics of Abortion

Carter Snead is the author most recently of What It Means to Be Human: The Case for the Body in Public Bioethics. He directs the de Nicola Center for Ethics and Culture at the University of Notre Dame, where he is also a Professor of Law and Concurrent Professor of Political Science. He’s a member of the Pontifical Academy for Life and a Fellow of the Hastings Center.

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Justice Roberts tries to find a middle ground

Chief Justice John Roberts did not join the majority opinion on Dobbs; instead, he authored his own opinion in which he upheld Mississippi’s prohibition of abortion after 15 weeks, but declined to overturn Roe. Will his attempt to find a middle ground be effective? Jason Negri is our guest.

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On Abortion, John Roberts Stands Alone

Jason’s website

Negri for Michigan

Jason Negri is a member of the State Bar of Michigan, where he co-founded the Religious Liberty Law section of the bar. He is an associate director of the Patients’ Rights Council and founder and Executive Director of the Daniel Coalition. He also authored the booklet Twenty Answers on End-of-Life Issues. Visit jasonnegri.com and negriformichigan.com.

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“Dobbs’ dissent claims the decision “consigns women to second-class citizenship”

In their dissenting opinion, Justices Breyer, Sotomayor and Kagan wrote that “people did not ratify the Fourteenth Amendment, men did.” They say this led to men overlooking the importance of women’s reproductive rights. They also claim that the decision “consigns women to second class citizenship.” Stephen Mikochik weighs in.  

Stephen Mikochick is a visiting professor at Ave Maria School of Law, where his courses examine constitutional theory in light of Catholic moral teaching. He is professor emeritus at Temple Law School, where he taught Constitutional Law and Jurisprudence for more than thirty years. He is also the former Chair of the National Catholic Partnership on Disability.

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