WEBVTT - It IS Happening Here

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<v Speaker 1>Good morning, peeps, and welcome to Okay f Daily with

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<v Speaker 1>Meet your Girl Danielle Moody, recording from the Homebunker, Folks,

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<v Speaker 1>I am very excited to bring to you today my

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<v Speaker 1>conversation with my fellow nerd Avenger. We have met and

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<v Speaker 1>just become incredibly fond of each other through the Mary

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<v Speaker 1>Trump Show. If you guys watch that on YouTube. Dahlia

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<v Speaker 1>Lithwick has written a new book that is entitled Lady Justice, Women,

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<v Speaker 1>the Law and the Battle to Save America. And in

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<v Speaker 1>this book, Dahlia lays out a history of women and

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<v Speaker 1>the law, going back to a time and are not

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<v Speaker 1>too distant history where women had no rights in this country.

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<v Speaker 1>That's right, And I'm not just talking about abortion. I'm

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<v Speaker 1>also talking about financial independence. I'm also talking about workplace independence.

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<v Speaker 1>I'm also talking about bodily autonomy. And what Dahlia talks

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<v Speaker 1>about and our interview gets into is also the correlations

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<v Speaker 1>that we need to be drawing between what is happening

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<v Speaker 1>right now on the streets of Iran being led by

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<v Speaker 1>women and pushing back against an oppressive regime that wants

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<v Speaker 1>to dictate how they look, where they go, what they wear,

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<v Speaker 1>and what is happening with the Christo fascist Republican movement

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<v Speaker 1>in the United States. We cannot sit here in the

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<v Speaker 1>US and clutch our pearls and look at Iran and say, oh,

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<v Speaker 1>those poor women solidarity and throw up at this and

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<v Speaker 1>think that what is happening, what has happened over the

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<v Speaker 1>last forty plus years in Iran, can't happen or isn't

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<v Speaker 1>happening in the United States right now. And I will

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<v Speaker 1>also talk about the upcoming Supreme Court docket and all

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<v Speaker 1>of the major cases that are on there, from affirmative

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<v Speaker 1>action to voting rights, and to more cases with regard

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<v Speaker 1>to bodily autonomy, and how one decision at a time,

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<v Speaker 1>this Supreme Court is set to disrupt, ruin crumble, destroy

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<v Speaker 1>our democracy and women's bodily autonomy and black people's ability

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<v Speaker 1>to you know, access the American dream. So, folks, when

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<v Speaker 1>we look at these other countries and we see them

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<v Speaker 1>pushing back in revolution against these regimes, understand that authoritarian

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<v Speaker 1>control doesn't always come in rolling down the street with

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<v Speaker 1>tanks and in military uniform. It doesn't always come with

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<v Speaker 1>the assassination right of said shah or said leader or dictator. No,

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<v Speaker 1>it also comes in the form of dictators that are

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<v Speaker 1>wearing black robes. It also comes in the form of

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<v Speaker 1>a Republican Party that decides that they no longer believe

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<v Speaker 1>in the constitution, they no longer believe in the rule

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<v Speaker 1>of law, and they no longer believe in the ability

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<v Speaker 1>of the people to decide how they want to live.

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<v Speaker 1>We are supposed to be a government that is for

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<v Speaker 1>and by the people of these United States. And what

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<v Speaker 1>the Republican Party is telling us, and has been telling

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<v Speaker 1>us for the last several fucking decades and now has

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<v Speaker 1>a megaphone, is that fuck you and your laws, fuck

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<v Speaker 1>you and your civil liberties, fuck you and your bodily autonomy. Right,

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<v Speaker 1>I'm going to put you back in your place. Women,

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<v Speaker 1>black people, queer people, disabled people, right, one decision at

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<v Speaker 1>a time. And I'm telling you right now, I ain't

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<v Speaker 1>going out like that, and I know many of you

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<v Speaker 1>that listen to wokaf aren't either. So pay attention, pay

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<v Speaker 1>attention to what we are seeing in Iran. Pay attention

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<v Speaker 1>to how women are leading the fight and the pushback

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<v Speaker 1>against authoritarianism. And I've been saying this, if folks, if

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<v Speaker 1>you've been listening to this show since twenty sixteen when

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<v Speaker 1>I launched it that things in America are going to

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<v Speaker 1>get bloodier before they get better. And I say that

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<v Speaker 1>not from a place of hyperbole, not from a place

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<v Speaker 1>of joy, but from a place of reality that I

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<v Speaker 1>need all of us to grasp on too, so that

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<v Speaker 1>we are not caught off guard and surprised, as apparently

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<v Speaker 1>everyone was in June when the Republican Party did exactly

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<v Speaker 1>what it was that they have been saying that they

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<v Speaker 1>would do for forty plus years, which was rolled back

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<v Speaker 1>Rovie Wade. When people show you who the fuck they are,

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<v Speaker 1>believe them. And it's time that the American people show

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<v Speaker 1>the christto fascist Republican movement who the fuck we are.

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<v Speaker 1>Coming up next, my conversation with my friend Dahlia Lithwick.

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<v Speaker 1>Get a behind the scenes look at Comedy Central's The

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<v Speaker 1>Daily Show Beyond the Scenes, an original podcast from The

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<v Speaker 1>Daily Show with Trevor Noah. Every week, host Roy Wood

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<v Speaker 1>Junior goes deeper with the notable guests and experts from

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<v Speaker 1>the Emmy Award winning series. Together, they use comedy to

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<v Speaker 1>tackle current topics from gentrification to gun laws, and take

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<v Speaker 1>a closer look at how and why these topics matter.

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<v Speaker 1>Listen to Beyond the Scenes from the Daily Show with

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<v Speaker 1>Trevor Noah on the iHeartRadio app, Apple podcast or wherever

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<v Speaker 1>you get your podcast. New episodes every Tuesday, Folks. I

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<v Speaker 1>am very excited to welcome to wok F Daily my

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<v Speaker 1>fellow nerd Avenger Dahlia Lithwick, who is the author of

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<v Speaker 1>the new book Lady Justice, Women, The Law and the

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<v Speaker 1>Battle to Save America. Dahlia, I think that what is

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<v Speaker 1>really fascinating and the perfect timing of your book is

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<v Speaker 1>that it comes at a time when, for the first

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<v Speaker 1>time in American history, since women have actually actualized themselves

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<v Speaker 1>as full and complete citizens, that we are seeing an

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<v Speaker 1>roll back in rights and protections for women that we

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<v Speaker 1>have not seen since prior to I would say, nineteen

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<v Speaker 1>seventy four. What is also interesting about your book is

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<v Speaker 1>that it takes us through this history of women in law,

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<v Speaker 1>bringing us back to a not too distant future that

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<v Speaker 1>I think that I'm so grateful for you in bringing

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<v Speaker 1>it to the forefront the way that women have been treated. Right,

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<v Speaker 1>women who are who were going in front of the

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<v Speaker 1>court and needing to wear skirts, who are representatives in

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<v Speaker 1>our Senate and in the House of representatives needing and

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<v Speaker 1>being told too that they had to wear skirts on

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<v Speaker 1>the floor. This is but just forty some odd years

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<v Speaker 1>ago that we understand that women didn't have the right

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<v Speaker 1>to have a credit card without without the authority of

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<v Speaker 1>a husband or a father. That was in the nineteen

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<v Speaker 1>seventies in these United States. And I bring this up

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<v Speaker 1>because while we are watching our rights being rolled back

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<v Speaker 1>in this country, we're also watching at the same time

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<v Speaker 1>a historic women led revolution that is happening in Iran.

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<v Speaker 1>And we always love in America to point the finger

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<v Speaker 1>at the Middle East and countries and say, oh, look

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<v Speaker 1>at them, that could never be as morality police. That's crazy.

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<v Speaker 1>While they're being forced to wear he jobs, we're being

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<v Speaker 1>forced to give birth. So talk to us about how

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<v Speaker 1>your book is dropping at a time when women are

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<v Speaker 1>being pushed back into a class of citizenship that modern

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<v Speaker 1>day women have only ever read about. Yeah. I mean,

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<v Speaker 1>first of all, Danielle, thank you for having me on.

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<v Speaker 1>I've been actually really psyched to talk about you because

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<v Speaker 1>I feel like in our conversations you're one of the

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<v Speaker 1>only people who just relentlessly says like, if you choose

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<v Speaker 1>to forget the past, you don't know what's coming in

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<v Speaker 1>the future. And I think, like, if you don't have

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<v Speaker 1>that on a T shirt, you should, because I think

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<v Speaker 1>you have really been a clarion voice of and you

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<v Speaker 1>make this point in your piece that this week about iron.

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<v Speaker 1>My husband and I are obsessed with photos of Iranian

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<v Speaker 1>women from the seventies in their like bell bottoms and

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<v Speaker 1>their wedge heels and their T shirts because you can't

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<v Speaker 1>look at that and look at where we are today

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<v Speaker 1>and not understand this isn't like past is prologue. Is

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<v Speaker 1>past is exactly where we think we are irrevocably now

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<v Speaker 1>that we're going to forever and ever live in a

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<v Speaker 1>world of equality and rights and dignity. And then fast

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<v Speaker 1>forward a couple decades and you know, women are, as

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<v Speaker 1>you note, being killed for not wearing a head scarf

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<v Speaker 1>appropriately by the quote unquote morality police. And so I

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<v Speaker 1>think the refusal to not just look at what has

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<v Speaker 1>happened in the past, like you say, you know, ask

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<v Speaker 1>your grandmother if she had a credit card in her name,

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<v Speaker 1>Ask her if her mother had a credit card in

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<v Speaker 1>her name. Ask if you know somebody raped their wife

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<v Speaker 1>that they knew, if that could be charged as rape.

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<v Speaker 1>It could not. And you know, I always say to people,

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<v Speaker 1>you know, Ruth pader Ginsburg, We like to think she's

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<v Speaker 1>sort of sprung fully form out of the ether. Ruth

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<v Speaker 1>pader Ginsburgh had to hide her pregnancy or she would

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<v Speaker 1>have been fired. And that wasn't the nineteen twenties. And

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<v Speaker 1>so you're exactly right, it's recent past. And I think

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<v Speaker 1>that the two points that you're making that are both

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<v Speaker 1>really important is that to be a historic about any

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<v Speaker 1>of this is to fail to understand how much we

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<v Speaker 1>had to claw equality and equal protection and dignity out

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<v Speaker 1>of the kind of rock face of a constitution that

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<v Speaker 1>was blind to it. But the second point, and it's

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<v Speaker 1>just as important, is that to refuse to look around

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<v Speaker 1>the world and see what is happening in the name

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<v Speaker 1>of sort of religious zelotry and ethnonationalism and just rampant

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<v Speaker 1>religious misogyny, and to say that can't touch us because

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<v Speaker 1>we live on this island of you know, irrevocable forward

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<v Speaker 1>progress is just insane. And so I think both of

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<v Speaker 1>those points are descriptively really important. One, history is not

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<v Speaker 1>ancient in many many ways, it's coming back. But also

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<v Speaker 1>to think that oh, just because it happened in Iran.

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<v Speaker 1>That women don't wear bell bottoms anymore doesn't mean it

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<v Speaker 1>can happen here. Is it's just shortsighted to the point

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<v Speaker 1>of myopic and dangerous. You know. It's what I find

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<v Speaker 1>always so troubling, particularly in America, is our inability to

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<v Speaker 1>look at other countries and to consider our own futures

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<v Speaker 1>as being predicated by what we're seeing, right, And that

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<v Speaker 1>is why I wrote the piece about why American women

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<v Speaker 1>need to pay attention to what is happening in Iran,

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<v Speaker 1>because it's only forty some odd years. It's forty six years,

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<v Speaker 1>you know, forty I think it's like forty two years

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<v Speaker 1>since the Islamic Republic took over, right Iran, And in

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<v Speaker 1>that four decades, right, that they have seen a complete

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<v Speaker 1>and total reversal and how women are allowed to present

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<v Speaker 1>and show up in that country. And we have always

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<v Speaker 1>looked down, I believe, in America, at other nations and said,

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<v Speaker 1>look how backwards they are. Oh, the women in Saudi

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<v Speaker 1>Arabia just got the resentability to be able to drive. Well,

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<v Speaker 1>look like you're saying, talk to your own grandmothers, who

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<v Speaker 1>in there, your own grandmothers, Talk to your own mothers

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<v Speaker 1>about how old they were when they were able to

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<v Speaker 1>get a credit card. Right, that was in nineteen seventy four. Law,

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<v Speaker 1>I believe that was passed in the United States. And

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<v Speaker 1>so I want you to talk about why DABS. The

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<v Speaker 1>DABS decision in June is the canary in the coal mine.

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<v Speaker 1>It isn't. It isn't the end all be all. It

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<v Speaker 1>is actually the beginning of how America. And I believe

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<v Speaker 1>it won't take forty years, right. I believe that it

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<v Speaker 1>can take to tend or less than that for us

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<v Speaker 1>to get to a place pre nineteen seventy four. Yeah,

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<v Speaker 1>I mean, I think, you know, what's the cliche. I mean,

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<v Speaker 1>these things happen slowly and then quickly, and I think

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<v Speaker 1>that we are caught up in the slow build of

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<v Speaker 1>decades after casey of one form of attack on reproductive rights,

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<v Speaker 1>which was essentially, we're going to use this pretext of

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<v Speaker 1>caring about women and we want them to make good decisions.

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<v Speaker 1>And as long as the clinics, you know, have them

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<v Speaker 1>come back for two consults, and as long as they

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<v Speaker 1>have read these completely fact free warnings about the correlation

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<v Speaker 1>between suicidal ideation abortion, like, we just want them to

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<v Speaker 1>be safe and happy. And that was decades, right, those

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<v Speaker 1>trap laws. You know, we just have to have wider corridors,

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<v Speaker 1>and we have to have doctors with admitting privileges. And

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<v Speaker 1>then in a less than a year, right, we see

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<v Speaker 1>that when the opportunity comes to actually reverse row, we're

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<v Speaker 1>seeing like, no, actually, what we want is women to

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<v Speaker 1>be incubators. We don't actually care about them making good

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<v Speaker 1>decisions because we don't want them to make decisions at all.

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<v Speaker 1>And because I think we haven't processed that turn and

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<v Speaker 1>how quickly it happened, you still hear all this nonsense

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<v Speaker 1>from states that are like, no, we care about maternal health,

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<v Speaker 1>we care about fetal health. You know, thank you, Justice Barrett.

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<v Speaker 1>We're just going to force women to carry it to term,

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<v Speaker 1>which is much much more dangerous than terminating. But it's

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<v Speaker 1>okay because they're going to drop the babies off at

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<v Speaker 1>fire stations. And all of this fake solicitude for maternal

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<v Speaker 1>health has just I think crumbled away in the span

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<v Speaker 1>of the summer. Right, And so you are exactly right,

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<v Speaker 1>and I know you and I talk about this in

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<v Speaker 1>other contexts. We're now not talking about abortion. We're talking

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<v Speaker 1>about miscarriages. We're talking about fetal endangerment. We're talking about

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<v Speaker 1>putting medication abortion in the mail. We're talking about women

0:14:28.400 --> 0:14:32.320
<v Speaker 1>in Alabama who are stuck in jail who cannot get

0:14:32.360 --> 0:14:34.960
<v Speaker 1>out because the state has determined they will endanger their

0:14:35.040 --> 0:14:37.840
<v Speaker 1>children with drug use. Right, all of that just happened.

0:14:38.400 --> 0:14:40.200
<v Speaker 1>And by the way, a lot of that has been

0:14:40.200 --> 0:14:44.000
<v Speaker 1>happening before, Dubs. It's just that it happened principally to

0:14:44.200 --> 0:14:47.040
<v Speaker 1>women of color and to poor women. All of that

0:14:47.200 --> 0:14:49.920
<v Speaker 1>is happening. And you know, as you said, there's no

0:14:50.160 --> 0:14:52.560
<v Speaker 1>talk of oh, we were lying when we said leave

0:14:52.560 --> 0:14:56.240
<v Speaker 1>it to the states. What we mean is federal abortion ban. Also,

0:14:56.320 --> 0:15:00.600
<v Speaker 1>we're now just openly hearing about going after contracept next.

0:15:00.640 --> 0:15:04.040
<v Speaker 1>You know, the whole checklist that Justice Thomas laid out

0:15:04.120 --> 0:15:08.840
<v Speaker 1>in his concurrence in jobs, you know, which is LGBTQ

0:15:09.120 --> 0:15:12.000
<v Speaker 1>rights and all other you know, determinants of what is

0:15:12.360 --> 0:15:15.400
<v Speaker 1>private conduct and family conduct. All of that is on

0:15:15.440 --> 0:15:18.920
<v Speaker 1>the table. And so to suggest that you know the

0:15:19.000 --> 0:15:22.640
<v Speaker 1>same people who not four years ago we're telling us

0:15:23.000 --> 0:15:25.840
<v Speaker 1>in whole Women's Health that really the only reason we

0:15:25.920 --> 0:15:28.920
<v Speaker 1>needed wide corridors to push a gurney through in a

0:15:28.960 --> 0:15:32.320
<v Speaker 1>clinic was so that women would be healthy and safe,

0:15:32.840 --> 0:15:35.040
<v Speaker 1>but that you know, what we really wanted was the

0:15:35.120 --> 0:15:38.840
<v Speaker 1>primacy of their health and their baby's health, and to

0:15:39.000 --> 0:15:42.760
<v Speaker 1>see that just scuppered. And now it's like we don't

0:15:42.880 --> 0:15:46.040
<v Speaker 1>care because we just want them to be incubators. And

0:15:46.040 --> 0:15:47.680
<v Speaker 1>if they die, they die. If they have to go

0:15:47.760 --> 0:15:51.600
<v Speaker 1>septic before we treat them, so be it. If they

0:15:51.680 --> 0:15:56.240
<v Speaker 1>have to, you know, have babies that are going to

0:15:56.280 --> 0:15:59.240
<v Speaker 1>live for a few moments, suffer terribly and die, so

0:15:59.360 --> 0:16:02.040
<v Speaker 1>be it. And so I think in some sense, this

0:16:02.120 --> 0:16:06.040
<v Speaker 1>isn't another one of those things where if you didn't

0:16:06.040 --> 0:16:08.560
<v Speaker 1>know this was coming, you weren't watching what was happening

0:16:08.720 --> 0:16:11.480
<v Speaker 1>in Oklahoma. To Brittany Poola, you know, if you didn't

0:16:11.480 --> 0:16:14.840
<v Speaker 1>see this coming, you weren't watching what's been happening. You know,

0:16:14.880 --> 0:16:18.440
<v Speaker 1>people like Dorothy Roberts have been writing about this for decades.

0:16:18.920 --> 0:16:21.640
<v Speaker 1>And you know, as I said, I think because this

0:16:21.760 --> 0:16:26.120
<v Speaker 1>was coming principally for black and brown women and poor women,

0:16:26.400 --> 0:16:30.760
<v Speaker 1>a lot of other people were shocked when Dubbs sort

0:16:30.760 --> 0:16:34.680
<v Speaker 1>of sprawled out for us that your very parenting decisions

0:16:34.760 --> 0:16:38.880
<v Speaker 1>are now going to be criminalized. And it happened, and

0:16:38.960 --> 0:16:42.360
<v Speaker 1>I think we haven't processed it in some I would

0:16:42.400 --> 0:16:44.680
<v Speaker 1>say in no small measure, because we don't want to

0:16:44.680 --> 0:16:48.040
<v Speaker 1>reckon with the history of slavery and how women and

0:16:48.120 --> 0:16:56.720
<v Speaker 1>black women's bodies have been treated ever since. Indisputaful with

0:16:56.840 --> 0:16:59.640
<v Speaker 1>Doctor Rashi Ricci is one of the latest shows on

0:16:59.680 --> 0:17:03.240
<v Speaker 1>the TYT network and also the fastest growing news show

0:17:03.320 --> 0:17:07.159
<v Speaker 1>in America. On his show, Doctor Ricci plays no games

0:17:07.200 --> 0:17:10.520
<v Speaker 1>regarding policy, delivering a heavy dose of fact based truth

0:17:10.600 --> 0:17:14.120
<v Speaker 1>and penetrating analysis on all the top news stories focusing

0:17:14.160 --> 0:17:19.000
<v Speaker 1>on racism, criminal and social justice, politics, police brutality, Karens,

0:17:19.080 --> 0:17:23.320
<v Speaker 1>and much more. Listeners can also expect interviews with fascinating guests,

0:17:23.440 --> 0:17:28.000
<v Speaker 1>political leaders, commentators, and even fiery debates with conservatives on

0:17:28.040 --> 0:17:31.720
<v Speaker 1>a wide range of policy topics in the Bullpen. It

0:17:31.880 --> 0:17:34.720
<v Speaker 1>is an indisputable fact that you will love this show.

0:17:35.119 --> 0:17:39.720
<v Speaker 1>Listen to Indisputable with Doctor Rashad Ricci on Apple Podcasts, Spotify,

0:17:39.880 --> 0:17:42.560
<v Speaker 1>or wherever you get your podcasts. If you like what

0:17:42.680 --> 0:17:45.760
<v Speaker 1>you hear, be sure to subscribe so you never miss

0:17:45.800 --> 0:17:54.920
<v Speaker 1>a new episode. You know, and you mentioned slavery, and

0:17:55.359 --> 0:18:00.159
<v Speaker 1>I'm also thinking, you know, not too recently during the

0:18:00.200 --> 0:18:04.320
<v Speaker 1>Trump administration, the sterilization of undocumented women, which we don't

0:18:04.359 --> 0:18:07.600
<v Speaker 1>talk about right, which has happened, by the way, the

0:18:07.720 --> 0:18:13.120
<v Speaker 1>sterilization of undocumented women under both Democrats and Republicans, might

0:18:13.160 --> 0:18:18.200
<v Speaker 1>I mention, and so you know, there has been Dahlia,

0:18:18.320 --> 0:18:24.560
<v Speaker 1>an unrelenting war against women in this country for decades.

0:18:25.440 --> 0:18:32.080
<v Speaker 1>And my question is we understand that. But white women

0:18:32.160 --> 0:18:34.520
<v Speaker 1>that have been voting with Donald Trump and have been

0:18:34.600 --> 0:18:39.800
<v Speaker 1>voting with the Republican Party for the entirety of their

0:18:39.920 --> 0:18:43.119
<v Speaker 1>voting age. The numbers went up from twenty sixteen to

0:18:43.200 --> 0:18:46.080
<v Speaker 1>twenty twenty in terms of who was showing out for

0:18:46.160 --> 0:18:53.199
<v Speaker 1>Donald Trump. How do you think that white women reconcile

0:18:54.000 --> 0:18:59.400
<v Speaker 1>the war that has been on their autonomy and them

0:18:59.480 --> 0:19:05.400
<v Speaker 1>still vote alongside their husbands and their fathers. I mean,

0:19:05.440 --> 0:19:07.919
<v Speaker 1>I think the short, depressing answer is a failure to

0:19:07.920 --> 0:19:10.800
<v Speaker 1>connect the dots. I think it is to look at

0:19:10.840 --> 0:19:15.320
<v Speaker 1>this as abortion and isolation and all the ways that

0:19:15.480 --> 0:19:19.679
<v Speaker 1>many privileged white women have told themselves for decades that

0:19:19.720 --> 0:19:23.320
<v Speaker 1>this is not their problem. This is you know, if

0:19:23.400 --> 0:19:27.080
<v Speaker 1>you are, you know, using abortions, birth control, you know

0:19:27.119 --> 0:19:30.560
<v Speaker 1>all the stereotypes about you know, the kinds of women

0:19:30.600 --> 0:19:33.800
<v Speaker 1>who get abortions and refusing, I think to open the

0:19:33.840 --> 0:19:37.360
<v Speaker 1>aperture and say, oh wait, you know, my own miscarriage

0:19:37.520 --> 0:19:42.160
<v Speaker 1>could now be subject to investigation and criminal charges because

0:19:42.200 --> 0:19:47.119
<v Speaker 1>the state has determined that I wasn't mischarging, I wasn't

0:19:47.280 --> 0:19:50.320
<v Speaker 1>in fact having a miscarriage, I was aborting. So I

0:19:50.359 --> 0:19:54.760
<v Speaker 1>think that all of that kind of judgmental narrow mindedness

0:19:54.800 --> 0:19:59.040
<v Speaker 1>around reproductive freedom has been kind of blasted open. And

0:19:59.080 --> 0:20:01.120
<v Speaker 1>I think when you you start to hear the kinds

0:20:01.119 --> 0:20:03.760
<v Speaker 1>of stories we're hearing this summer, which, by the way,

0:20:03.800 --> 0:20:05.960
<v Speaker 1>as you say, has been going on for years. You know,

0:20:06.280 --> 0:20:08.800
<v Speaker 1>ten year old rape victim who has to cross state lines.

0:20:09.520 --> 0:20:13.000
<v Speaker 1>You know, women being forced to carry a non viable

0:20:13.080 --> 0:20:19.159
<v Speaker 1>fetus and leave the state because she can't terminate in

0:20:19.200 --> 0:20:22.240
<v Speaker 1>the state. You know this is familiar. Right now, We're

0:20:22.280 --> 0:20:25.159
<v Speaker 1>not talking about abortion. Now, we're talking about miscarriage, which

0:20:25.440 --> 0:20:29.640
<v Speaker 1>one pregnancy in four. Now we're talking about rape, which,

0:20:29.680 --> 0:20:33.160
<v Speaker 1>as you always point out, you know, statistically one woman

0:20:33.240 --> 0:20:36.160
<v Speaker 1>in four. Now we're talking about things that I think,

0:20:36.680 --> 0:20:41.320
<v Speaker 1>even if you are utterly mired in the sort of

0:20:41.440 --> 0:20:45.359
<v Speaker 1>judgmental narrow minded you know, abortion is something that only

0:20:46.280 --> 0:20:51.240
<v Speaker 1>you know, loose women who aren't careful need to access.

0:20:51.640 --> 0:20:55.160
<v Speaker 1>You're in a new world now, and so as absolutely

0:20:55.200 --> 0:20:58.800
<v Speaker 1>awful as it is that these stories of women who

0:20:58.840 --> 0:21:01.520
<v Speaker 1>are left to bleed out until they are in critical

0:21:01.560 --> 0:21:04.400
<v Speaker 1>condition and the hospital's lawyers says, okay, now you can

0:21:04.440 --> 0:21:08.080
<v Speaker 1>treat her. Every one of us either had something like

0:21:08.160 --> 0:21:11.480
<v Speaker 1>that happen or no, somebody who's had something like that happen.

0:21:12.000 --> 0:21:14.600
<v Speaker 1>And so the depressing I think answer to your depressing

0:21:14.680 --> 0:21:18.720
<v Speaker 1>question is a total failure of empathy and imagination, right,

0:21:18.840 --> 0:21:22.240
<v Speaker 1>the total failure of this could have happened to me.

0:21:22.280 --> 0:21:24.479
<v Speaker 1>Oh wait, it did happen to me. You know, I

0:21:24.560 --> 0:21:27.520
<v Speaker 1>had one of those miscarriages that had to be handled

0:21:27.560 --> 0:21:29.679
<v Speaker 1>with a DNC that I think at this point, you know,

0:21:30.280 --> 0:21:33.520
<v Speaker 1>some state actor could certainly have looked at what I

0:21:33.560 --> 0:21:35.919
<v Speaker 1>was doing. And so I think a lot of people

0:21:36.119 --> 0:21:39.320
<v Speaker 1>who said this is a problem for black women in

0:21:39.359 --> 0:21:42.640
<v Speaker 1>Alabama are now looking around and saying, oh wait, this

0:21:42.720 --> 0:21:45.399
<v Speaker 1>is when I send my child to college. This is

0:21:45.440 --> 0:21:48.520
<v Speaker 1>a problem for them too. And I hate that that's

0:21:48.560 --> 0:21:52.320
<v Speaker 1>the answer. Failure of empathy, failure of imagination, failure to

0:21:52.440 --> 0:21:54.679
<v Speaker 1>understand that you don't know what you don't know. But

0:21:54.760 --> 0:21:57.639
<v Speaker 1>I think that's the answer. But the upside I really

0:21:57.680 --> 0:22:00.280
<v Speaker 1>do think, Danielle, is that people are starting to see

0:22:00.440 --> 0:22:02.400
<v Speaker 1>that they don't know what they don't know. And by

0:22:02.400 --> 0:22:04.480
<v Speaker 1>the way, this isn't just loose women who are using

0:22:04.480 --> 0:22:07.720
<v Speaker 1>abortion as birth control. You know, I want to even

0:22:07.760 --> 0:22:11.600
<v Speaker 1>go a step further with this with regard to your

0:22:12.320 --> 0:22:15.560
<v Speaker 1>they don't know what they don't know, because I often

0:22:15.680 --> 0:22:20.520
<v Speaker 1>say on this show that public education is the greatest

0:22:20.600 --> 0:22:27.119
<v Speaker 1>perpetuator of white supremacy and also of patriarchy. And I

0:22:27.240 --> 0:22:37.000
<v Speaker 1>say this because simple health education, sex education, reproductive education

0:22:38.680 --> 0:22:45.600
<v Speaker 1>comprehensive would help us understand childbirth, would help us understand

0:22:46.040 --> 0:22:52.080
<v Speaker 1>a woman's body, would help us understand the burden of labor. Right,

0:22:52.320 --> 0:22:59.160
<v Speaker 1>you had members of Congress and state legislatures, men who

0:22:59.240 --> 0:23:05.400
<v Speaker 1>have no idea how a woman's body works, right, has

0:23:05.480 --> 0:23:09.360
<v Speaker 1>no idea, Oh, just have the baby and drop it off,

0:23:09.400 --> 0:23:12.960
<v Speaker 1>as if pregnancy, nine months of growing a new human

0:23:13.000 --> 0:23:16.520
<v Speaker 1>being inside of you is somehow easy on the body.

0:23:16.840 --> 0:23:19.280
<v Speaker 1>And so I wonder, you know, And I bring this

0:23:19.359 --> 0:23:25.679
<v Speaker 1>up because there are only three women in the South

0:23:25.680 --> 0:23:30.560
<v Speaker 1>Carolina Legislature, and now all of a sudden they're seeing

0:23:30.560 --> 0:23:33.840
<v Speaker 1>in a different tune. They've been voting quote unquote pro

0:23:34.000 --> 0:23:37.919
<v Speaker 1>life until recently where one of them gave this floor

0:23:38.119 --> 0:23:43.120
<v Speaker 1>speech about how disappointed she was with her male colleagues

0:23:43.520 --> 0:23:47.000
<v Speaker 1>for not considering rape and incest and the well being

0:23:47.040 --> 0:23:50.399
<v Speaker 1>and the welfare of of a woman of the mother,

0:23:51.440 --> 0:23:56.919
<v Speaker 1>and then says she's voting against this legislation and oh,

0:23:56.960 --> 0:23:59.760
<v Speaker 1>we need more comprehensive sex education. I said, wait, what,

0:24:01.240 --> 0:24:05.080
<v Speaker 1>where have the hell have you been? So I want

0:24:05.119 --> 0:24:07.800
<v Speaker 1>you to talk about how these things go hand in hand,

0:24:07.920 --> 0:24:11.760
<v Speaker 1>how we see these attacks on education, how we see

0:24:11.920 --> 0:24:15.000
<v Speaker 1>these attacks on women, attacks on voting. And when you

0:24:15.080 --> 0:24:18.879
<v Speaker 1>say we don't know what we don't know, it's strategic.

0:24:21.680 --> 0:24:23.520
<v Speaker 1>I mean, you know, I'm going to land the place

0:24:23.600 --> 0:24:26.080
<v Speaker 1>you and I always land, which is it's the culture, right.

0:24:26.119 --> 0:24:31.959
<v Speaker 1>I mean, we have this pathetic, pathetic cultural conversation around

0:24:32.040 --> 0:24:36.719
<v Speaker 1>women and childbirth in which every single movie ends with like,

0:24:37.240 --> 0:24:41.320
<v Speaker 1>you know, a dewey faced, blonde woman going and then

0:24:41.359 --> 0:24:43.720
<v Speaker 1>the baby pops out and it's six months old, and

0:24:43.840 --> 0:24:47.960
<v Speaker 1>you know, her handsome, strapping partner is like, and now

0:24:48.119 --> 0:24:50.480
<v Speaker 1>we'll take it to a restaurant. You know, Like it's

0:24:50.480 --> 0:24:56.520
<v Speaker 1>so insane that any ring Carmone has written so gorgeously about, Like, actually,

0:24:57.040 --> 0:25:00.400
<v Speaker 1>here's what childbirth is like, it's not, in fact how

0:25:00.440 --> 0:25:03.119
<v Speaker 1>Hallmark movies end. And I think part of it is

0:25:03.160 --> 0:25:08.280
<v Speaker 1>just an massively impoverished cultural conversation. I you know, I

0:25:08.359 --> 0:25:11.560
<v Speaker 1>start the book the first chapter. There's two things in

0:25:11.600 --> 0:25:13.359
<v Speaker 1>the book that I think maybe answer some of this.

0:25:13.760 --> 0:25:16.360
<v Speaker 1>You know, when the court heard oral argument in Griswold

0:25:16.480 --> 0:25:21.000
<v Speaker 1>versus Connecticut, it was all men and they were so

0:25:21.080 --> 0:25:23.600
<v Speaker 1>freaked out. This is the case that was raised the

0:25:23.640 --> 0:25:27.360
<v Speaker 1>issue of whether you could use contraception in the privacy

0:25:27.400 --> 0:25:30.440
<v Speaker 1>of a marriage, and the justices themselves, all men, were

0:25:30.480 --> 0:25:33.960
<v Speaker 1>so freaked out Danielle about talking about this that they

0:25:34.000 --> 0:25:37.119
<v Speaker 1>wouldn't name the devices. And so you go back and

0:25:37.160 --> 0:25:40.040
<v Speaker 1>you read it and it's like a slip inside slide,

0:25:40.080 --> 0:25:43.520
<v Speaker 1>like Abbott and Costello comedy routine, where they're like, oh,

0:25:43.560 --> 0:25:46.360
<v Speaker 1>these devices and they you don't have to name them,

0:25:46.359 --> 0:25:48.960
<v Speaker 1>and they're all yucking it up, and it's like, if

0:25:49.000 --> 0:25:52.800
<v Speaker 1>you can't name it, don't regulate it. Don't because this

0:25:52.920 --> 0:25:57.399
<v Speaker 1>makes you uncomfortable. Don't. Don't. You don't get to set

0:25:57.440 --> 0:25:59.720
<v Speaker 1>the rules. And so I think that's like part of

0:25:59.720 --> 0:26:03.040
<v Speaker 1>the problem is that we're so squeamish and we're so

0:26:03.119 --> 0:26:06.080
<v Speaker 1>prudish and we're so puritanical that we don't want to

0:26:06.119 --> 0:26:09.479
<v Speaker 1>talk about it, but we seemingly still want to regulate it.

0:26:09.800 --> 0:26:12.280
<v Speaker 1>And I think we haven't moved that far from the

0:26:12.400 --> 0:26:16.200
<v Speaker 1>days of Griswold, where you know, there are legislators. I mean,

0:26:16.400 --> 0:26:18.760
<v Speaker 1>people are saying things like, but how can you pee

0:26:18.840 --> 0:26:21.840
<v Speaker 1>with a tampon in Like again, that's not you know,

0:26:21.880 --> 0:26:25.679
<v Speaker 1>if you don't know how women's bodies work, like, don't

0:26:25.680 --> 0:26:28.520
<v Speaker 1>sit down and let doctors do their jobs. And so

0:26:28.560 --> 0:26:30.600
<v Speaker 1>that's part of it. The other thing that I think

0:26:30.720 --> 0:26:34.120
<v Speaker 1>is just really essential and part of the answer to this,

0:26:35.240 --> 0:26:37.199
<v Speaker 1>is that so much of this stuff is bound up

0:26:37.200 --> 0:26:40.960
<v Speaker 1>in slavery. So much of this is bound up in

0:26:41.480 --> 0:26:45.600
<v Speaker 1>sort of the idea of women and their bodies as

0:26:45.680 --> 0:26:51.480
<v Speaker 1>economic you know, producers of units of future slavery, children

0:26:51.560 --> 0:26:55.600
<v Speaker 1>taken away from their parents, fathers and mothers, separated, the

0:26:55.720 --> 0:27:00.119
<v Speaker 1>idea that your body belongs to a white man who

0:27:00.160 --> 0:27:03.040
<v Speaker 1>can rape you. It's impunity, who can separate you from

0:27:03.080 --> 0:27:06.040
<v Speaker 1>your children with impunity? And you know, I know you've

0:27:06.040 --> 0:27:08.680
<v Speaker 1>heard me bang on about this, but the fourteenth Amendment

0:27:09.119 --> 0:27:12.840
<v Speaker 1>was drafted to fix that because there was nothing else

0:27:12.880 --> 0:27:16.720
<v Speaker 1>in the Constitution that would fix the idea that women

0:27:16.760 --> 0:27:20.280
<v Speaker 1>could be used that way, and so which is why

0:27:20.359 --> 0:27:23.320
<v Speaker 1>you know, when you hear during Contunja Brown Jackson's hearings,

0:27:23.520 --> 0:27:26.520
<v Speaker 1>you know, Republican senators, including Marsha Blackbird, just being like,

0:27:26.560 --> 0:27:31.400
<v Speaker 1>there's nothing about bodily autonomy and privacy in the Constitution.

0:27:31.600 --> 0:27:33.960
<v Speaker 1>There is, It's right there, and it was meant to

0:27:34.000 --> 0:27:38.120
<v Speaker 1>be a curative for the obscene ways in which black

0:27:38.160 --> 0:27:42.760
<v Speaker 1>women's bodies were utterly, utterly used at the whim of

0:27:42.760 --> 0:27:45.800
<v Speaker 1>white men. And we've erased that history. You know, if

0:27:45.840 --> 0:27:47.720
<v Speaker 1>we want to go through all the history, we don't

0:27:47.720 --> 0:27:49.679
<v Speaker 1>want don't want to talk about. I didn't learn that,

0:27:49.720 --> 0:27:52.240
<v Speaker 1>by the way, in law school, to be clear. And

0:27:52.280 --> 0:27:55.639
<v Speaker 1>if you erase all the history, then it's not a

0:27:55.680 --> 0:27:59.080
<v Speaker 1>surprise that, like we are still living in the vestiges

0:27:59.119 --> 0:28:03.080
<v Speaker 1>of a time when Justice Alito happily writes the Dab's

0:28:03.119 --> 0:28:09.359
<v Speaker 1>opinion citing to the law of that moment, Dalia just

0:28:09.640 --> 0:28:13.560
<v Speaker 1>you know, quickly, one, folks, everybody needs to pick up

0:28:13.640 --> 0:28:17.000
<v Speaker 1>Lady Justice, women, the law and the battle to save America,

0:28:17.080 --> 0:28:21.080
<v Speaker 1>which is out now. We have a new term for

0:28:21.119 --> 0:28:25.520
<v Speaker 1>the Supreme Court that is coming up. The last term

0:28:25.760 --> 0:28:30.359
<v Speaker 1>gave America devastating blows. It was just nauseating. I didn't

0:28:30.359 --> 0:28:35.000
<v Speaker 1>even want to be on Twitter between you, between Gentab,

0:28:35.119 --> 0:28:38.360
<v Speaker 1>between Ellie miss Stall, between Joyce, Like I was just

0:28:38.680 --> 0:28:45.600
<v Speaker 1>please stop. What can we expect at a time when

0:28:46.160 --> 0:28:50.920
<v Speaker 1>our belief in the system of the Supreme Court is

0:28:50.960 --> 0:28:53.640
<v Speaker 1>at an all time low? That no one we we

0:28:55.160 --> 0:28:57.959
<v Speaker 1>I mean, their their approval ratings are in the toilet,

0:28:58.040 --> 0:28:59.920
<v Speaker 1>not like they have to care because they're sitting on

0:28:59.920 --> 0:29:04.240
<v Speaker 1>there until they're dead, right or retire. So what can

0:29:04.280 --> 0:29:12.200
<v Speaker 1>we expect and what recourse, if any, do the people have? Yeah,

0:29:12.200 --> 0:29:14.680
<v Speaker 1>it's interesting. We're already seeing I mean, the term starts

0:29:14.720 --> 0:29:17.480
<v Speaker 1>the first Monday of October, and we're already seeing a

0:29:17.560 --> 0:29:21.920
<v Speaker 1>lot of conservative commentators try to suggest that, oh, we're

0:29:21.920 --> 0:29:24.840
<v Speaker 1>going to take the temperature down this year. There's nothing

0:29:24.960 --> 0:29:28.480
<v Speaker 1>on the docket that's nearly as you know, high profile

0:29:28.600 --> 0:29:31.360
<v Speaker 1>as Dabbs. And you know, first of all, Dobbs wasn't

0:29:31.400 --> 0:29:33.560
<v Speaker 1>the only case last year. As you said, the Court

0:29:33.680 --> 0:29:38.400
<v Speaker 1>massively expanded gun rights. The Court tried to essentially kneecap

0:29:38.480 --> 0:29:44.440
<v Speaker 1>the EPA and regulatory agencies. The Court allowed religion to

0:29:44.560 --> 0:29:47.400
<v Speaker 1>enter the public sphere in a series of cases that

0:29:47.560 --> 0:29:51.240
<v Speaker 1>is shocking. Almost none of that got surfaced because we're

0:29:51.240 --> 0:29:54.520
<v Speaker 1>also busy reeling from Dubbs. Last term was, as you say,

0:29:55.000 --> 0:29:58.640
<v Speaker 1>catastrophic in so many ways, and now we're heading into

0:29:58.640 --> 0:30:01.400
<v Speaker 1>a term that really will first of all, see I

0:30:01.440 --> 0:30:04.600
<v Speaker 1>think the demise of affirmative action and higher education that's

0:30:04.640 --> 0:30:08.320
<v Speaker 1>already docketed, a bunch of voting rights cases that will

0:30:08.360 --> 0:30:11.960
<v Speaker 1>probably do away with whatever's left of the Voting Rights Act.

0:30:12.000 --> 0:30:14.080
<v Speaker 1>After the Court took you know, one whack at it

0:30:14.360 --> 0:30:17.240
<v Speaker 1>in Shelby County and then another whack of it at

0:30:17.280 --> 0:30:21.040
<v Speaker 1>it in Bernovich. Now there's going to be another opportunity

0:30:21.120 --> 0:30:25.600
<v Speaker 1>to pretty much make the Voting Rights Act utterly toothless.

0:30:26.360 --> 0:30:29.400
<v Speaker 1>We have an Indian Child Welfare Act case that folks

0:30:29.400 --> 0:30:33.160
<v Speaker 1>should really really pay attention to because it is, as

0:30:33.160 --> 0:30:37.200
<v Speaker 1>we've been saying throughout this entire conversation, an effort to

0:30:37.400 --> 0:30:41.600
<v Speaker 1>use surp tribal prerogatives their ability to keep families together,

0:30:42.000 --> 0:30:45.600
<v Speaker 1>which is supposed to be a value, a constitutional value.

0:30:46.160 --> 0:30:48.600
<v Speaker 1>And then you know the voting rights cases that are

0:30:48.680 --> 0:30:53.280
<v Speaker 1>really really chilling. Chief among them this you know Morvie

0:30:53.360 --> 0:30:56.640
<v Speaker 1>Harper case, which is a case that it uses a

0:30:56.800 --> 0:31:03.680
<v Speaker 1>made up, prefab notion of independent state legislature theory to

0:31:03.960 --> 0:31:09.600
<v Speaker 1>hand all plenary power over elections to state legislatures. And

0:31:10.320 --> 0:31:12.160
<v Speaker 1>this is a whole different show, and I'm happy to

0:31:12.160 --> 0:31:15.080
<v Speaker 1>come back when it's argued. But it's the most important

0:31:15.120 --> 0:31:18.200
<v Speaker 1>case nobody's talking about. And the best way to describe it,

0:31:18.240 --> 0:31:20.680
<v Speaker 1>I think I've said this to you before, is that

0:31:20.760 --> 0:31:23.800
<v Speaker 1>the coup that John Eastman tried to pull in twenty

0:31:23.840 --> 0:31:27.600
<v Speaker 1>twenty that judges laughed out of court, the notion that

0:31:27.640 --> 0:31:31.120
<v Speaker 1>a state legislature could just say, like, h, whatever the

0:31:31.240 --> 0:31:35.760
<v Speaker 1>legislature decides about this election is unreviewed by state courts.

0:31:35.840 --> 0:31:39.400
<v Speaker 1>It is uncheckable by the governor that is coming in

0:31:39.480 --> 0:31:43.640
<v Speaker 1>black robes. And if the court says it's fine, then

0:31:43.640 --> 0:31:46.040
<v Speaker 1>the twenty twenty four election is in the hands of

0:31:46.120 --> 0:31:49.719
<v Speaker 1>legislatures in a way that John Eastman and Donald Trump

0:31:50.360 --> 0:31:55.520
<v Speaker 1>and Jeffrey Clark were begging, begging state legislatures in Pennsylvania

0:31:55.560 --> 0:31:58.120
<v Speaker 1>and Georgia to do in the twenty twenty election. Jeff,

0:31:58.120 --> 0:32:02.280
<v Speaker 1>send your own electures, elector nobody can do anything that's coming.

0:32:02.400 --> 0:32:05.920
<v Speaker 1>And it seems technical, it's really not technical. It is

0:32:05.960 --> 0:32:10.600
<v Speaker 1>the most shocking power grab born of nothing. No doctrine

0:32:10.960 --> 0:32:13.800
<v Speaker 1>and it's coming. And if the term kind of plays

0:32:13.800 --> 0:32:16.480
<v Speaker 1>out the way last term does, I'm sorry. If the

0:32:16.560 --> 0:32:18.800
<v Speaker 1>term plays out the way last term did. This is

0:32:18.840 --> 0:32:21.000
<v Speaker 1>a court that's not I think, inclined to pump the

0:32:21.000 --> 0:32:26.120
<v Speaker 1>brakes on any of those areas. I tell you what

0:32:26.160 --> 0:32:30.800
<v Speaker 1>this spells to me. Dahlia is an impending revolution and

0:32:30.880 --> 0:32:34.400
<v Speaker 1>not I and I do not say that lightly. I have,

0:32:34.560 --> 0:32:38.400
<v Speaker 1>but I have been saying this since twenty sixteen, that

0:32:38.520 --> 0:32:41.200
<v Speaker 1>things in this country will get bloodier before they get better.

0:32:41.720 --> 0:32:46.240
<v Speaker 1>We cannot look at Iran with eyes that say, oh,

0:32:46.320 --> 0:32:50.360
<v Speaker 1>poor them, because we are them. And this is where

0:32:50.480 --> 0:32:53.840
<v Speaker 1>this country is headed. And it isn't an Islamic republic.

0:32:53.880 --> 0:32:57.040
<v Speaker 1>It isn't the fear of foreign terrorists. It is the

0:32:57.120 --> 0:33:03.240
<v Speaker 1>white supremist Christo fascists Republican party that is establishing their

0:33:03.280 --> 0:33:07.840
<v Speaker 1>coup and putting them in black robes. Dalia Lithwick, thank

0:33:07.880 --> 0:33:10.120
<v Speaker 1>you so much for making the time to join Woke

0:33:10.360 --> 0:33:15.080
<v Speaker 1>f We appreciate you your writing, your work all the time. Folks. Again,

0:33:15.120 --> 0:33:17.520
<v Speaker 1>the book is Lady Justice, Women, The Law and the

0:33:17.640 --> 0:33:22.800
<v Speaker 1>Battle to Save America on stands on Amazon everywhere you

0:33:22.840 --> 0:33:30.920
<v Speaker 1>buy your books. Now, that is it for me today.

0:33:30.960 --> 0:33:34.920
<v Speaker 1>Dear friends on Woke f as always Power to the

0:33:35.000 --> 0:33:38.840
<v Speaker 1>people and to all the people. Power, get woke and

0:33:39.000 --> 0:33:47.160
<v Speaker 1>stay woke as fun. Get a behind the scenes look

0:33:47.160 --> 0:33:50.120
<v Speaker 1>at Comedy Central's The Daily Show on Beyond the Scenes,

0:33:50.120 --> 0:33:52.840
<v Speaker 1>an original podcast from The Daily Show with Trevor Noah.

0:33:52.960 --> 0:33:55.360
<v Speaker 1>Every week, host Roy Wood Junior goes deeper with the

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<v Speaker 1>notable guests and experts from the Emmy Award winning series. Together,

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<v Speaker 1>they use comedy to a current topics from gentrification to

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