1 00:00:02,759 --> 00:00:05,080 Speaker 1: My name is Lily Maddon and I'm a proud Arunda 2 00:00:05,320 --> 00:00:10,119 Speaker 1: Bunjelung Cargottin woman from Gadigol Country. The Daily oz acknowledges 3 00:00:10,160 --> 00:00:12,319 Speaker 1: that this podcast is recorded on the lands of the 4 00:00:12,360 --> 00:00:15,920 Speaker 1: Gadighl people and pays respect to all Aboriginal and Torres 5 00:00:15,960 --> 00:00:18,840 Speaker 1: Strait Island and nations. We pay our respects to the 6 00:00:18,880 --> 00:00:21,680 Speaker 1: first peoples of these countries, both past and present. 7 00:00:28,720 --> 00:00:31,120 Speaker 2: Good morning and welcome to the Daily os It's Friday, 8 00:00:31,160 --> 00:00:34,080 Speaker 2: the fifteenth of December. I'm Sam am Zara. It's been 9 00:00:34,080 --> 00:00:37,080 Speaker 2: a while since we've covered what's happened in the US 10 00:00:37,280 --> 00:00:41,360 Speaker 2: since Roe v. Wade was overturned last year. This week, 11 00:00:41,479 --> 00:00:44,440 Speaker 2: a woman in Texas made headlines around the world after 12 00:00:44,520 --> 00:00:47,560 Speaker 2: she was banned from accessing an abortion in the state 13 00:00:48,000 --> 00:00:51,760 Speaker 2: despite being told it was necessary to preserve her life. 14 00:00:52,440 --> 00:00:55,680 Speaker 2: Per her lawyers. It's the first case filed on behalf 15 00:00:55,760 --> 00:00:59,280 Speaker 2: of a pregnant person seeking an emergency abortion since Roe v. 16 00:00:59,400 --> 00:01:02,480 Speaker 2: Wade was overturned. We'll explain what you need to know 17 00:01:02,560 --> 00:01:05,600 Speaker 2: about this case in today's Deep Dive. But first, Sarah, 18 00:01:05,640 --> 00:01:07,160 Speaker 2: what's making headlines this morning. 19 00:01:08,959 --> 00:01:12,920 Speaker 3: Kathleen Folbig has been officially cleared of killing her four children, 20 00:01:13,120 --> 00:01:16,319 Speaker 3: with the criminal convictions against her overturned in a new 21 00:01:16,319 --> 00:01:19,800 Speaker 3: South Wales court this week. Folbig was freed from prison 22 00:01:19,840 --> 00:01:22,320 Speaker 3: earlier this year after she was found guilty of murder 23 00:01:22,360 --> 00:01:25,400 Speaker 3: and manslaughter in two thousand and three. The New South 24 00:01:25,400 --> 00:01:28,480 Speaker 3: Wales Court of Criminal Appeal found new medical evidence cast 25 00:01:28,680 --> 00:01:32,680 Speaker 3: reasonable doubt over her guilt after scientists found rare genetic 26 00:01:32,760 --> 00:01:35,800 Speaker 3: mutations with the likely cause of the death of her children. 27 00:01:36,240 --> 00:01:39,280 Speaker 3: After twenty years in prison, Folbig walked free in June, 28 00:01:39,360 --> 00:01:42,240 Speaker 3: and now her name has been cleared of all convictions. 29 00:01:43,319 --> 00:01:47,000 Speaker 2: The South Australian government will launch a Royal Commission into domestic, 30 00:01:47,080 --> 00:01:50,560 Speaker 2: family and Sexual violence. It follows the recent deaths of 31 00:01:50,640 --> 00:01:54,600 Speaker 2: several South Australian women, which Essay Premier Peter malanowskis described 32 00:01:54,680 --> 00:01:58,600 Speaker 2: as quote a horrendous reminder of domestic violence in society. 33 00:01:59,200 --> 00:02:01,960 Speaker 2: The state government will now work with experts to determine 34 00:02:02,040 --> 00:02:04,720 Speaker 2: how the commission will work and what its goals will be. 35 00:02:05,200 --> 00:02:07,960 Speaker 2: More details are expected to be announced early next year, 36 00:02:08,160 --> 00:02:10,600 Speaker 2: when the government says it will also look to introduce 37 00:02:10,680 --> 00:02:13,120 Speaker 2: legislation to criminalize coercive control. 38 00:02:13,680 --> 00:02:16,920 Speaker 3: The US House of Representatives has voted to authorize the 39 00:02:16,960 --> 00:02:21,680 Speaker 3: impeachment inquiry into President Joe Biden's family business, particularly his 40 00:02:21,760 --> 00:02:25,320 Speaker 3: son Hunter's dealings. The president called the vote a baseless 41 00:02:25,320 --> 00:02:28,960 Speaker 3: political stunt. An impeachment occurs when a high ranking government 42 00:02:29,000 --> 00:02:31,560 Speaker 3: official is tried by the US House and Senate for 43 00:02:31,639 --> 00:02:35,320 Speaker 3: a significant crime or misdemeanor. At least two thirds of 44 00:02:35,320 --> 00:02:37,840 Speaker 3: senators need to support a conviction for it to go ahead, 45 00:02:37,919 --> 00:02:40,440 Speaker 3: at which point, of course, a person is removed from 46 00:02:40,480 --> 00:02:41,880 Speaker 3: office if they are convicted. 47 00:02:42,840 --> 00:02:45,240 Speaker 2: And today's good news, a seventeen year old in the 48 00:02:45,320 --> 00:02:48,720 Speaker 2: US state of California has passed the bar, an exam 49 00:02:48,760 --> 00:02:51,520 Speaker 2: that must be passed before a person can practice law. 50 00:02:51,919 --> 00:02:55,639 Speaker 2: Peter park As opposed to Peter Parker spider Man, now eighteen, 51 00:02:55,919 --> 00:02:58,560 Speaker 2: is the youngest person on record to pass the exam 52 00:02:58,639 --> 00:03:02,600 Speaker 2: in California. Park started studying law at UNI in twenty nineteen, 53 00:03:02,639 --> 00:03:05,760 Speaker 2: when he was just thirteen years old. He's had the 54 00:03:05,760 --> 00:03:08,280 Speaker 2: exam in July this year and is now working as 55 00:03:08,360 --> 00:03:15,680 Speaker 2: a law clerk. Okay so Zara, there was this court 56 00:03:15,720 --> 00:03:18,680 Speaker 2: case in Texas this week with a woman being banned 57 00:03:18,680 --> 00:03:23,320 Speaker 2: from accessing an abortion despite being told it was absolutely necessary. 58 00:03:23,520 --> 00:03:26,440 Speaker 2: Why don't we start with the case itself. What exactly 59 00:03:26,480 --> 00:03:27,080 Speaker 2: happened here? 60 00:03:27,760 --> 00:03:31,000 Speaker 3: Yeah, So, like you said earlier this week, a woman 61 00:03:31,000 --> 00:03:34,200 Speaker 3: in the US, her name is Kate Cox, she was 62 00:03:34,200 --> 00:03:37,760 Speaker 3: banned from accessing an abortion despite the fact that her 63 00:03:37,800 --> 00:03:42,320 Speaker 3: fetus was diagnosed with a fatal condition. Now, Cox initially 64 00:03:42,320 --> 00:03:45,880 Speaker 3: had received a medical exception to access an abortion, but 65 00:03:45,920 --> 00:03:49,840 Speaker 3: the Texas Supreme Court overturned this, meaning she was completely 66 00:03:49,880 --> 00:03:51,960 Speaker 3: blocked from accessing one in the state. 67 00:03:52,160 --> 00:03:54,560 Speaker 2: Okay, So before you go on, I know that abortion 68 00:03:54,720 --> 00:03:56,960 Speaker 2: law in America is complex and we've talked about it 69 00:03:57,000 --> 00:03:59,920 Speaker 2: on the pod many times before. Let's zone in non Techi. 70 00:04:00,280 --> 00:04:02,040 Speaker 2: What are the abortion laws in that state? 71 00:04:02,480 --> 00:04:06,120 Speaker 3: So I'm sure many of our listeners remember the massive 72 00:04:06,120 --> 00:04:08,840 Speaker 3: news last year, of course, when the U. S. Supreme Court, 73 00:04:08,920 --> 00:04:12,080 Speaker 3: which is the highest court, overturned the Roe v. Wade 74 00:04:12,120 --> 00:04:16,320 Speaker 3: decision that essentially ended the constitutional right to an abortion. 75 00:04:17,120 --> 00:04:19,839 Speaker 3: And just to be clear on what that means. Prior 76 00:04:19,839 --> 00:04:23,520 Speaker 3: to that ruling, abortion was protected by the constitutional right 77 00:04:23,600 --> 00:04:26,960 Speaker 3: to privacy in the US. That meant that no law 78 00:04:27,040 --> 00:04:29,880 Speaker 3: could take it away, no state law, correct, But the 79 00:04:29,920 --> 00:04:33,720 Speaker 3: Supreme Court overturned that, and that meant that individual states 80 00:04:33,760 --> 00:04:36,400 Speaker 3: now had the power to decide their own abortion laws, 81 00:04:36,480 --> 00:04:39,120 Speaker 3: which is worth noting is actually similar to how it 82 00:04:39,200 --> 00:04:41,560 Speaker 3: is in Australia, where in New South Wales the abortion 83 00:04:41,640 --> 00:04:45,479 Speaker 3: laws can be different to say Victoria or Queensland. Now, 84 00:04:45,640 --> 00:04:48,200 Speaker 3: when the Supreme Court did this, a number of the 85 00:04:48,240 --> 00:04:52,479 Speaker 3: states in the US immediately introduced total abortion bans, and 86 00:04:53,000 --> 00:04:56,400 Speaker 3: Texas was one of those states. So now in Texas 87 00:04:56,440 --> 00:05:00,640 Speaker 3: abortion is illegal in most cases unless you have exemption, 88 00:05:00,839 --> 00:05:03,599 Speaker 3: and that's where this story really comes into play. The 89 00:05:03,680 --> 00:05:06,320 Speaker 3: law states that an exemption may only apply if the 90 00:05:06,320 --> 00:05:09,799 Speaker 3: pregnant person is quote at risk of death or poses 91 00:05:09,880 --> 00:05:14,280 Speaker 3: a serious risk of substantial impairment of a major bodily function, 92 00:05:14,480 --> 00:05:17,080 Speaker 3: unless the abortion is performed or induced. 93 00:05:17,320 --> 00:05:20,200 Speaker 2: Okay, so explain a little bit more though about the 94 00:05:20,279 --> 00:05:21,239 Speaker 2: Kate Cox case. 95 00:05:21,520 --> 00:05:24,640 Speaker 3: So, Kate Cox is more than twenty weeks pregnant and 96 00:05:24,800 --> 00:05:28,280 Speaker 3: her fetus has actually been diagnosed with a severe chromosomal 97 00:05:28,320 --> 00:05:33,040 Speaker 3: disordites called Edward syndrome. Now, she received medical advice from 98 00:05:33,120 --> 00:05:36,960 Speaker 3: doctors in Texas who said that the pregnancy poses serious 99 00:05:37,040 --> 00:05:39,919 Speaker 3: risks to her health. She was also told that the 100 00:05:39,920 --> 00:05:43,960 Speaker 3: baby would likely die shortly after birth. But because of 101 00:05:44,000 --> 00:05:47,000 Speaker 3: the abortion bands that we spoke about before, in Texas, 102 00:05:47,680 --> 00:05:50,000 Speaker 3: her doctors said that she would have to wait until 103 00:05:50,000 --> 00:05:53,080 Speaker 3: her fetus dies inside of her, or she'd have to 104 00:05:53,080 --> 00:05:56,240 Speaker 3: carry the pregnancy to full term, but after that her 105 00:05:56,279 --> 00:05:59,800 Speaker 3: baby would die. Cox didn't accept this, and she'd just 106 00:06:00,240 --> 00:06:03,000 Speaker 3: to take her case to a local court in Texas, 107 00:06:03,080 --> 00:06:05,880 Speaker 3: where she lives. And the court agreed with Cox. It 108 00:06:05,960 --> 00:06:08,520 Speaker 3: allowed her to have an abortion. The court said in 109 00:06:08,600 --> 00:06:11,880 Speaker 3: its ruling that an abortion was quote medically necessary to 110 00:06:11,960 --> 00:06:16,039 Speaker 3: preserve Cox's life, health, and future fertility, and poses far 111 00:06:16,080 --> 00:06:18,880 Speaker 3: fewer risks than an induction or a C section. 112 00:06:19,080 --> 00:06:21,919 Speaker 2: And so I assumed then the case went up the chain, right. 113 00:06:21,880 --> 00:06:25,200 Speaker 3: Yeah, So Texas's top law officer, the Attorney General, his 114 00:06:25,279 --> 00:06:29,280 Speaker 3: name is Ken Paxton. He then asked the Texas Supreme 115 00:06:29,320 --> 00:06:32,480 Speaker 3: Court to overrule the local court's decision. So that's how 116 00:06:32,480 --> 00:06:34,679 Speaker 3: appeals work. You go, as you said, up the chain, 117 00:06:35,080 --> 00:06:37,119 Speaker 3: And the next up the chain was a supreme court 118 00:06:37,320 --> 00:06:39,800 Speaker 3: in the state. So not the U. S. Supreme Court, 119 00:06:39,880 --> 00:06:41,760 Speaker 3: not the one that overturned Roe v. Wade, but the 120 00:06:41,800 --> 00:06:42,839 Speaker 3: Texas Supreme. 121 00:06:42,560 --> 00:06:45,839 Speaker 2: Court, Right, okay, And what did that Supreme court find? 122 00:06:46,000 --> 00:06:48,760 Speaker 3: So essentially, the Supreme Court agreed with the Attorney General 123 00:06:48,800 --> 00:06:51,360 Speaker 3: that the lower court had made a mistake. In its judgment, 124 00:06:52,040 --> 00:06:54,520 Speaker 3: the court said it was not satisfied that Cox had 125 00:06:54,640 --> 00:06:58,520 Speaker 3: a life threatening physical condition and said that whilst her 126 00:06:58,560 --> 00:07:02,760 Speaker 3: pregnancy had been extremely complicated, it didn't satisfy the requirements 127 00:07:02,760 --> 00:07:05,800 Speaker 3: for an exception under the state's laws, and it ultimately 128 00:07:05,800 --> 00:07:08,120 Speaker 3: found that under Texan law, it's up to doctors and 129 00:07:08,160 --> 00:07:11,280 Speaker 3: not judges to determine if a pregnant person can have 130 00:07:11,400 --> 00:07:14,320 Speaker 3: an abortion, and essentially it's a bit complex, But what 131 00:07:14,360 --> 00:07:17,520 Speaker 3: they were saying here was that doctors hadn't conclusively said 132 00:07:17,520 --> 00:07:20,520 Speaker 3: that it was a life threatening physical condition and therefore 133 00:07:20,520 --> 00:07:22,240 Speaker 3: overturned the previous decision. 134 00:07:22,520 --> 00:07:24,960 Speaker 2: Okay, so the court said that she cannot get an 135 00:07:25,000 --> 00:07:28,480 Speaker 2: abortion in Texas. This is obviously a very time sensitive 136 00:07:28,560 --> 00:07:32,320 Speaker 2: matter for her though. What happens now, so. 137 00:07:32,320 --> 00:07:35,360 Speaker 3: It is legal for Cox to travel into state if 138 00:07:35,400 --> 00:07:38,040 Speaker 3: she goes somewhere that has laws that would allow her 139 00:07:38,120 --> 00:07:41,920 Speaker 3: to receive an abortion, and that's actually exactly what she's doing. 140 00:07:42,440 --> 00:07:45,600 Speaker 3: Abortion advocacy group the Center for Reproductive Rights, who is 141 00:07:45,640 --> 00:07:48,800 Speaker 3: providing legal advice to her, said the Cox has left 142 00:07:48,800 --> 00:07:52,560 Speaker 3: Texas to receive an abortion elsewhere after receiving a quote 143 00:07:52,600 --> 00:07:56,040 Speaker 3: outpouring of support and offers to help her access abortion elsewhere, 144 00:07:56,080 --> 00:07:58,360 Speaker 3: from Kansas to Colorado to Canada. 145 00:07:58,400 --> 00:08:01,600 Speaker 2: And it's obviously a difficult number to try and quantify, 146 00:08:01,680 --> 00:08:04,160 Speaker 2: but the Center for Reproductive Rights in the US says 147 00:08:04,160 --> 00:08:07,640 Speaker 2: that many thousands of Texan women a month are leaving 148 00:08:07,680 --> 00:08:10,080 Speaker 2: the state to get an abortion. So this is now 149 00:08:10,120 --> 00:08:12,640 Speaker 2: becoming a well trodden path for women in the state, 150 00:08:12,680 --> 00:08:16,040 Speaker 2: and it's kind of showing us what the postrov Wade 151 00:08:16,120 --> 00:08:17,320 Speaker 2: landscape is looking like. 152 00:08:17,520 --> 00:08:20,440 Speaker 3: I mean, and that also just opens the door to 153 00:08:21,120 --> 00:08:25,240 Speaker 3: much broader conversation about reproductive rights and who has the 154 00:08:25,320 --> 00:08:28,440 Speaker 3: money and the time and the ability to leave the 155 00:08:28,480 --> 00:08:29,880 Speaker 3: state to access an abortion. 156 00:08:30,240 --> 00:08:30,920 Speaker 2: Yeah, because that. 157 00:08:30,960 --> 00:08:35,640 Speaker 3: Is immediately disqualifying some people from being able to access it. 158 00:08:36,040 --> 00:08:38,160 Speaker 3: And I mean, this was something that was brought up 159 00:08:38,440 --> 00:08:41,280 Speaker 3: at the time of vy Way being overturned, and that's 160 00:08:41,320 --> 00:08:42,120 Speaker 3: actually happened. 161 00:08:42,200 --> 00:08:44,319 Speaker 2: And there are those companies that were saying if you 162 00:08:44,400 --> 00:08:47,120 Speaker 2: needed to leave your state for an abortion, will pay 163 00:08:47,160 --> 00:08:49,360 Speaker 2: for you, but that was only a selects few companies. 164 00:08:49,400 --> 00:08:51,160 Speaker 3: Yeah, definitely, Well there was such a time, Yeah, I 165 00:08:51,200 --> 00:08:51,679 Speaker 3: remember that. 166 00:08:51,800 --> 00:08:53,600 Speaker 2: So those laws are still in place and those companies 167 00:08:53,600 --> 00:08:56,360 Speaker 2: still have those policies, but it's far from across the board, 168 00:08:56,480 --> 00:09:00,200 Speaker 2: and I think Kate Cox's story is becoming emblematic for 169 00:09:00,280 --> 00:09:04,679 Speaker 2: the experiences of women in Texas. That's all we've got 170 00:09:04,679 --> 00:09:07,120 Speaker 2: time for today though, on the podcast and this week. 171 00:09:07,240 --> 00:09:09,840 Speaker 2: Thanks so much for listening to this episode of TDA. 172 00:09:10,320 --> 00:09:12,960 Speaker 2: If you like TDA, I want to support us. We'd 173 00:09:13,000 --> 00:09:15,440 Speaker 2: love you just to send this podcast to a friend 174 00:09:15,679 --> 00:09:18,840 Speaker 2: in WhatsApp or messages. It really really helps us. You 175 00:09:18,840 --> 00:09:23,160 Speaker 2: can leave a review, you can write a comment on Spotify. 176 00:09:22,720 --> 00:09:26,360 Speaker 2: All these things help us grow. We'll be back again 177 00:09:26,440 --> 00:09:29,000 Speaker 2: on Monday morning. Until then, have a good weekend.