Strict Scrutiny Podcast Episode Summary

Title: Reform, Repression, & Reproductive Rights (Live from Texas!)
Host/Author: Crooked Media
Release Date: September 9, 2024

Strict Scrutiny, hosted by constitutional law experts Leah Litman, Kate Shaw, and Melissa Murray, offers an incisive look into the United States Supreme Court and its broader legal and cultural implications. In this special live episode from the Texas Tribune Festival in Austin, the hosts delve into critical topics surrounding Supreme Court reform, democratic integrity, and reproductive rights in America.

Introduction

Melissa Murray kicks off the live episode with a warm welcome from Austin, Texas, highlighting the vibrant atmosphere of the Texas Tribune Festival. Absent co-host Leah Litman, who is recovering from an accident, Melissa and Kate set the stage for a day filled with pressing legal and political discussions.

Conversation with Congressman Jamie Raskin

Timestamp: [02:04] – [28:05]

Guest: Congressman Jamie Raskin, U.S. Representative and staunch advocate for democracy and the rule of law.

Legislative Priorities and Supreme Court Reform

Melissa begins by introducing Congressman Raskin, emphasizing his role in advocating for democratic reforms. Raskin outlines the Democratic caucus's legislative agenda aimed at curbing the Supreme Court's expanding influence:

• Voting Rights and Electoral Reforms: Raskin discusses the passage of the John Lewis Voting Rights Act and the For the People Act, which aim to restore voting rights and eliminate gerrymandering. He remarks, “Democracy is always a project in motion. It's something unfinished” ([05:38]).

• Healthcare as a Right: He underscores the importance of legislation to guarantee healthcare for all, highlighting the ongoing struggle against a Supreme Court perceived as hostile to these initiatives.

Supreme Court Reform and Ethics

Kate Shaw probes deeper into the specifics of Supreme Court reform, questioning how high a priority this issue stands within the broader legislative agenda:

• Term Limits and Representation: Raskin advocates for moving to 18-year terms for justices to ensure broader geographical representation. He states, “The Supreme Court should be constituted in a way such that people from all over the country are represented” ([10:37]).

• Ethical Standards: Addressing concerns about the Court’s ethical framework, Raskin criticizes the lack of binding ethics codes, emphasizing the need for transparency and accountability.

Constitutional Amendments and Impeachment

Melissa shifts the conversation to more ambitious reforms, including constitutional amendments and the impeachment of Supreme Court justices:

• Constitutional Amendments: Raskin acknowledges the high hurdle for amendments but underscores their necessity for long-term judicial reforms. “A constitutional amendment is obviously... something that just requires a Democratic Congress and a Democratic president” ([19:21]).

• Impeachment of Justices: Discussing potential impeachment efforts against Justices Clarence Thomas and Neil Gorsuch, Raskin explains the constitutional standards required: “the constitutional standard... is that of high crimes and misdemeanors” ([23:39]).

Discussion on Supreme Court Ethics and Ginni Thomas

Timestamp: [12:30] – [22:42]

The hosts delve into a contentious issue involving Supreme Court ethics, particularly focusing on an email from Ginni Thomas, wife of Justice Clarence Thomas, praising the First Liberty Institute for opposing Supreme Court reform:

• Corruption and Influence: Raskin vehemently criticizes the perceived corruption within the Court, stating, “We’ve got a neo monarchical, neo oligarchical Supreme Court” ([14:28]).

• Implications for Reform: The conversation highlights the urgent need for ethical reforms within the judiciary to prevent undue influence and maintain democratic integrity.

Conversation with Amanda Zyrowski

Timestamp: [31:05] – [45:17]

Guest: Amanda Zyrowski, lead plaintiff in Zyrowski vs. Texas and advocate for reproductive rights.

Zyrowski vs. Texas and Reproductive Rights

Amanda Zyrowski shares her harrowing personal experience leading to her lawsuit against Texas for the denial of a medically necessary abortion:

• Motivation to Sue: Zyrowski explains her initial reluctance and eventual decision to sue, recognizing the broader implications for reproductive freedom. “We realized that if that happened, hopefully people would hear about this splashy lawsuit and maybe it would start changing hearts and minds and ultimately votes” ([31:37]).

• Impact of the Case: Despite losing the case in the Texas Supreme Court, Zyrowski emphasizes the mobilization and increased advocacy spurred by her efforts, contributing to nationwide awareness and action.

IVF and Reproductive Justice

The discussion transitions to the intersection of abortion rights and IVF access:

• Personal Impact: Zyrowski details how restrictive abortion laws have compromised her fertility, necessitating IVF and surrogacy. She states, “There's now permanent damage to my reproductive organs” ([42:33]).

• Political Ramifications: Criticizing politicians' lack of understanding, Zyrowski underscores the need for comprehensive reproductive rights protections. “It's none of their business how and when and if I choose to have a family” ([36:32]).

Advocacy and Documentary Coverage

Zyrowski highlights the upcoming documentary Zyrowski vs. Texas, produced by Hillary and Chelsea Clinton alongside Jennifer Lawrence, which aims to chronicle her fight and its broader implications for reproductive rights.

Breaking News: Voter Suppression in Texas, Arizona, Nebraska

Timestamp: [47:25] – [59:33]

Voter Roll Purging in Texas

• Mass Purging Announcement: Texas Governor Greg Abbott announced the removal of over a million voters from the state's rolls since 2021, citing the Houston vs. A Philip Randolph Institute decision which permits aggressive voter purging ([53:31]).

• Impact on Communities: The episode details how these purges disproportionately affect minority communities and organizations like LULAC, whose members faced raids and investigations by Attorney General Ken Paxton's office ([55:32]).

Supreme Court's Role in Voter Suppression

• Legal Precedents: The hosts discuss how Supreme Court decisions like Crawford vs. Indiana have enabled states to implement restrictive voting laws, facilitating voter suppression tactics ([54:49]).

Situations in Arizona and Nebraska

• Arizona's Proof of Citizenship Requirement: The Court upheld Arizona's stringent voter ID laws, further complicating the voting process and potentially disenfranchising eligible voters ([56:44]).

• Nebraska's Felony Re-Enfranchisement Confusion: Conflicting state laws have left former felons unsure of their voting rights, leading to decreased voter participation and legal chaos ([58:12]).

Call to Action and Positive Outlook

Despite the bleak landscape, the hosts urge listeners to remain proactive:

• Engagement and Mobilization: Emphasizing the importance of voter registration, supporting pro-choice candidates, and actively combating voter suppression.

• Momentum Against Suppression: Recognizing that the aggressive efforts to suppress votes indicate the critical importance of these elections, the hosts remain optimistic about the potential for change through collective action ([59:06]).

Notable Quotes with Timestamps:

1. Jamie Raskin on Democracy:
   “Democracy is always a project in motion. It's something unfinished.” ([05:38])

2. Jamie Raskin on Supreme Court Representation:
   “The Supreme Court should be constituted in a way such that people from all over the country are represented.” ([10:37])

3. Jamie Raskin on Court Corruption:
   “We’ve got a neo monarchical, neo oligarchical Supreme Court.” ([14:28])

4. Amanda Zyrowski on Reproductive Freedom:
   “I don't want politicians in these conversations. Stay out of my business.” ([36:32])

5. Jamie Raskin on Constitutional Amendments:
   “In a statutory sense, I'm going to be introducing legislation which will say that the president is subject to the criminal law categorically across the board.” ([19:21])

Conclusion

Wrapping up the live episode, Melissa Murray and Kate Shaw express their gratitude to the Texas Tribune Festival for hosting them and commend participants like Jamie Raskin and Amanda Zyrowski for their unwavering commitment to democracy and reproductive rights. They reiterate the importance of staying engaged and proactive in safeguarding democratic institutions and personal freedoms.

This comprehensive summary captures the essence of the episode, highlighting pivotal discussions, guest insights, and critical legislative and judicial issues shaping the current American legal and political landscape.