1 00:00:00,040 --> 00:00:03,720 Speaker 1: Bloomberg Law with June Grosso and Michael Best on demand 2 00:00:03,800 --> 00:00:06,800 Speaker 1: via our Bloomberg Radio Plus app free for iPhone and 3 00:00:06,800 --> 00:00:10,400 Speaker 1: Android devices. Sign out for our daily Bloomberg Law Brief 4 00:00:10,440 --> 00:00:12,879 Speaker 1: exploring legal issues in the news. Bloomberg Law host June 5 00:00:12,880 --> 00:00:16,160 Speaker 1: Grosso and Gregg's Store discussed President elect Donald Trump's comments 6 00:00:16,160 --> 00:00:19,759 Speaker 1: on CBS sixty Minutes that last year's landmark decision validating 7 00:00:19,840 --> 00:00:23,200 Speaker 1: same sex marriage is settled law and the landmark decision 8 00:00:23,200 --> 00:00:26,600 Speaker 1: of Roe v. Wade recognizing abortion rights is not. They 9 00:00:26,600 --> 00:00:29,960 Speaker 1: spoke to Urban Zemerinsky, a law professor at the University 10 00:00:30,000 --> 00:00:33,159 Speaker 1: of California Irvine School of Law Irwin. Roe v. Wade 11 00:00:33,200 --> 00:00:36,280 Speaker 1: was decided by the Supreme Court in nineteen seventy three 12 00:00:36,560 --> 00:00:40,920 Speaker 1: overfel the Hodges was decided last year. Is there any 13 00:00:41,040 --> 00:00:45,040 Speaker 1: difference in what Trump is calling settled law? A Supreme 14 00:00:45,080 --> 00:00:48,080 Speaker 1: Court president is settled only so long as the justices 15 00:00:48,159 --> 00:00:50,840 Speaker 1: wanted to be settled. If the five votes to over 16 00:00:50,960 --> 00:00:53,479 Speaker 1: rule Roe v. Wade, Roe v. Wade will be overruled. 17 00:00:53,680 --> 00:00:57,560 Speaker 1: If there's five votes to overrule over then Overslvis Hodges 18 00:00:57,640 --> 00:01:00,440 Speaker 1: will be overruled. One is no more settled on the other, 19 00:01:00,720 --> 00:01:02,360 Speaker 1: or when is there an argument that Roe v. Wade 20 00:01:02,400 --> 00:01:05,120 Speaker 1: is actually more settled than Abergion felt, given how old 21 00:01:05,120 --> 00:01:07,600 Speaker 1: it is, given that the Court has has reaffirmed it 22 00:01:07,760 --> 00:01:10,720 Speaker 1: a couple of times. Of course, the Supreme Court is 23 00:01:10,800 --> 00:01:15,080 Speaker 1: much more reluctant over rule longstanding precedence. Ro v. Wade 24 00:01:15,120 --> 00:01:18,520 Speaker 1: was decided in January nine seventy three, Alberta was June 25 00:01:18,520 --> 00:01:22,080 Speaker 1: of two thousand fifteen. Also, the Supreme Court says that 26 00:01:22,160 --> 00:01:26,280 Speaker 1: it's reluctant overrule decisions when there's been reliance upon them. 27 00:01:26,319 --> 00:01:29,399 Speaker 1: Obviously there's been a great deal of reliance upon roversus Wade. 28 00:01:29,880 --> 00:01:33,839 Speaker 1: But the reality is said, if there are five justices 29 00:01:33,840 --> 00:01:36,120 Speaker 1: who want to over rule Roe v. Wade, it's going 30 00:01:36,160 --> 00:01:38,240 Speaker 1: to be overruled. If there's five just to want to 31 00:01:38,280 --> 00:01:41,759 Speaker 1: overrule over Fall, it will be overruled. Now, I think 32 00:01:41,800 --> 00:01:46,559 Speaker 1: that Roe v. Wade is probably more controversial and will 33 00:01:46,600 --> 00:01:50,600 Speaker 1: be more controversial in the years ahead. Been society seems 34 00:01:50,640 --> 00:01:55,480 Speaker 1: to relatively quickly accepted mirrage equality. There's a good society 35 00:01:55,480 --> 00:01:59,520 Speaker 1: who vehemently opposes versus Wade. But keep in mind in 36 00:01:59,520 --> 00:02:03,800 Speaker 1: that regard that Chief Justice Roberts and Justices Thomas and 37 00:02:03,840 --> 00:02:09,320 Speaker 1: Alito dm in decents and over Thall. If two justices 38 00:02:09,360 --> 00:02:12,000 Speaker 1: who are like minded join the Court, there will be 39 00:02:12,080 --> 00:02:15,280 Speaker 1: five votes to overrule over Thall, just like five votes 40 00:02:15,320 --> 00:02:18,040 Speaker 1: to overrule Row And I could easily imagine, given the 41 00:02:18,080 --> 00:02:20,320 Speaker 1: strong cassions involved, that they would want to do so. 42 00:02:21,680 --> 00:02:24,720 Speaker 1: Law Professor at the University of California, Irvine School of Law. 43 00:02:24,760 --> 00:02:27,760 Speaker 1: And You can listen to Bloomberg Law weekdays at one 44 00:02:27,800 --> 00:02:32,760 Speaker 1: pm Wall Street Time here on Bloomberg Radio. 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