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Speaker 1: Good morning, and welcome to the Daily os Is Monday,

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Speaker 1: the twenty seventh of June. I hope everybody had a

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Speaker 1: fantastic weekend. We are here to talk you through the

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Speaker 1: enormous movement by the Supreme Court of the United States

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Speaker 1: to overturn rovers Wade. It happened at about one am

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Speaker 1: on Friday nights, and we've all spent the weekend digesting

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Speaker 1: what this could mean for America. I'll be joined by

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Speaker 1: our editor Billy FitzSimons, who's going to be sitting in

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Speaker 1: Fazzara for the next few weeks, to talk through some

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Speaker 1: of these really big questions. First, Billy, tell us what's

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Speaker 1: making news This Monday.

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Speaker 2: Two people died and twenty one were wounded at a

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Speaker 2: shooting at a popular lgbtqiplus bar in Norway's capital, Oslo,

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Speaker 2: on the day the city was due to hold its

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Speaker 2: pride at parade. A forty two year old man has

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Speaker 2: been charged with murder, attempted murder and terrorist acts. Yesterday,

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Speaker 2: Norway's Prime Minister revealed the suspect was questioned in May

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Speaker 2: but not deemed as a threat and was released.

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Speaker 1: Australia has announced an extra one million dollars to be

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Speaker 1: sent to Afghanistan after an earthquake killed over one thousand

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Speaker 1: people and displaced thousands more last week. Fine Minster Pennywong

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Speaker 1: said the aid would be delivered through UN agencies already

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Speaker 1: operating on the ground, and would be in addition to

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Speaker 1: the one hundred and forty million Australia has pledged to

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Speaker 1: the country since September twenty twenty one.

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Speaker 2: Victorian Premier Daniel Andrews will swear in a number of

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Speaker 2: new ministers to the Cabinet and ministry after a wave

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Speaker 2: of high level resignations last week. Fourteen women will now

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Speaker 2: be in the state's cabinet, which Andrews said was the

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Speaker 2: highest of any jurisdiction in Australia. The new Deputy Premier

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Speaker 2: will be Jacinta Allan, who will now be responsible for

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Speaker 2: the delivery of the twenty twenty six Commonwealth Games.

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Speaker 1: And Today's good news. They've been partying it up over

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Speaker 1: at the Glastonbury Music Festival. Paul McCartney has been joined

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Speaker 1: by Foo Fighters lead singer Dave Grohl and US icon

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Speaker 1: Bruce Springsteen. Sounds like a heck of a stage show.

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Speaker 1: In the headlines set at the Glastonbury festis the former

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Speaker 1: Beatle played for nearly three hours in front of what

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Speaker 1: is thought to be the biggest crowd at the festival

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Speaker 1: since twenty fourteen. Billy, I think the real good news

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Speaker 1: story here is that live music now on the world

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Speaker 1: stage is well and truly back. All right, now, on

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Speaker 1: to today's deep dive. The US Supreme Court has voted

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Speaker 1: to overturn Roe v. Wade, the case that has been

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Speaker 1: used to protect the right to an abortion in the country.

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Speaker 1: It was quite an overwhelming weekend of news for The

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Speaker 1: Daily OS. We found it quite hard to crystallize everything

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Speaker 1: down for our audience because there was just so much

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Speaker 1: to digest, and it's part of our job over the

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Speaker 1: coming weeks and months to continue to break down this

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Speaker 1: incredibly complex topic. But Billy, today I'd love to just

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Speaker 1: go back to basics and cover off some of these

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Speaker 1: big questions and answers our listeners should get across. Let's

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Speaker 1: perhaps start at the end of the discussion in simple terms, Billy,

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Speaker 1: what is the significance of this decision?

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Speaker 2: Sam? So, the Supreme Court, which is the top court

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Speaker 2: in the US, voted to end the constitutional right to

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Speaker 2: an abortion. And so, to be really clear, this doesn't

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Speaker 2: mean that abortion in the US is now illegal. Instead,

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Speaker 2: what they've ruled is that the decision will be left

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Speaker 2: to the individual states. So this means that states now

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Speaker 2: have the legal authority to ban an abortion at any

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Speaker 2: point in a pregnancy, including aut fertilization. And so, for

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Speaker 2: those who don't know, before Friday, states didn't have the

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Speaker 2: legal authority to ban the procedure because in nineteen seventy three,

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Speaker 2: the Supreme Court found that the US Constitution gave Americans

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Speaker 2: a constitutional right to an abortion.

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Speaker 1: That last point is really important. Nineteen seventy three the

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Speaker 1: Supreme Court case of Roe v. Way, let's cover that off.

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Speaker 1: What exactly was decided then.

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Speaker 2: Yeah, So just quickly, firstly, I want to explain that

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Speaker 2: at a high level, the job of the Supreme Court

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Speaker 2: is to interpret the meaning of the Constitution, which by

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Speaker 2: the way, was written in seventeen eight and so the

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Speaker 2: Supreme Court decides how the Constitution should be interpreted in

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Speaker 2: a modern context and to modern laws. So in nineteen

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Speaker 2: seventy three, the US Supreme Court, which had different judges

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Speaker 2: to what it has now, decided that women had the

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Speaker 2: right to have an abortion without excessive government restriction. And

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Speaker 2: so this has essentially meant that access to safe and

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Speaker 2: legal abortions has been regarded as a right enshrined by

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Speaker 2: the Constitution that no state can outlaw and just quickly.

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Speaker 2: In nineteen ninety two, a separate case in the Supreme

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Speaker 2: Court affirmed the nineteen seventy three Roe v. Waight decision

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Speaker 2: and said the government cannot impose a quote undue burden

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Speaker 2: on women seeking an abortion.

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Speaker 1: So that's the context in which the Court made their

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Speaker 1: new decision. Over the weekend, a new look Supreme Court.

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Speaker 1: Did this new look Supreme Court give reasons as to

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Speaker 1: why they are overturning Roe Vweight.

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Speaker 2: Yes, So the Supreme Court hands down a judgment and

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Speaker 2: there are up to three categories of reasoning released. So

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Speaker 2: there's the opinion, which is an explanation of how the

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Speaker 2: judges came to their decision, the dissenting opinion, which is

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Speaker 2: an explanation of how the judges that voted against it

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Speaker 2: came to their reasoning. And then there's also something called

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Speaker 2: concurring opinions, which are just some extra notes from judges

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Speaker 2: in the majority opinion but who have something else to

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Speaker 2: add or a particular point they want to get across.

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Speaker 2: So I'll go through each of these. The majority opinion

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Speaker 2: was written by Justice Samuel A. Alito, Clarence Thomas, Neil Gorsich,

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Speaker 2: Brett Kavanaugh, and Amy Coney Barrett. In the majority opinion,

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Speaker 2: Justice Alito wrote, and I'm quoting here, the Constitution does

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Speaker 2: not confer a right to abortion. The authority to regulate

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Speaker 2: abortion is returned to the people, and they're elected representatives.

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Speaker 2: So in simple terms, what they're saying is that abortion

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Speaker 2: should be an issue decided by state representatives who are

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Speaker 2: voted by the people, rather than the highest court of

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Speaker 2: the land. Alito also wrote Roe was egregiously wrong from

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Speaker 2: the start, Its reasoning was exceptionally weak, and the decision

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Speaker 2: has had damaging consequences, and far from bringing about a

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Speaker 2: national settlement of the abortion issue, Roe and Casey have

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Speaker 2: inflamed debate and deepened division. Then we had a few

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Speaker 2: concurring opinions. Chief Justice John G. Roberts Jr. Voted with

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Speaker 2: the majority, but wrote a separate opinion saying he would

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Speaker 2: have taken a more measured cause, and he also said

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Speaker 2: that he would not have overturned Roe v. Wade altogether.

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Speaker 2: There was also a concurring opinion from Justice Thomas and

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Speaker 2: this is a point that has given Americans a clue

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Speaker 2: as to what the Court might do next. Thomas said,

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Speaker 2: the Supreme Court should quote reconsider all of this Court's

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Speaker 2: substantive due process precedents, including Griswold, which is the right

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Speaker 2: of married couples to use contraception Lawrence which is the

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Speaker 2: right to same sex romantic relationships, and Obergefell, which is

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Speaker 2: the right to same sex marriage. And then there were

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Speaker 2: also the descent views, so the views of the judges

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Speaker 2: who voted against overturning Roe v. Wade, and they wrote,

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Speaker 2: quote with sorrow for this Court, but more for than

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Speaker 2: many millions of American women who have today lost a

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Speaker 2: fundamental constitutional protection. We dissent.

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Speaker 1: So there's been a bit of commentary around this weekend

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Speaker 1: about the role of former President Donald Trump, who was

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Speaker 1: beaten by Joe Biden in the twenty twenty presidential election.

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Speaker 1: Yet his name is in a lot of headlines today.

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Speaker 1: How is Trump still relevant to this situation?

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Speaker 2: Yeah, So to understand why Trump is still relevant to

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Speaker 2: this conversation, we have to understand how the Supreme Court

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Speaker 2: actually works. So there are nine judges who sit on

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Speaker 2: the Supreme Court, and when there is a vacancy, a

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Speaker 2: new justice is appointed by the president of the time

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Speaker 2: and then confirmed by the Senate, and these judges typically

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Speaker 2: hold office for life. So a vacancy is caused either

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Speaker 2: by the death of a justice, like in the case

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Speaker 2: of Ruth Bader Ginsburg, or if the justice chooses to retire,

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Speaker 2: which is extremely rare, and it really is the luck

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Speaker 2: of the drawer in terms of how many vacancies there

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Speaker 2: are when a president is in power. So when Donald

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Speaker 2: Trump was president, he appointed three justices in his four

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Speaker 2: years as president, and that's the most that any president

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Speaker 2: has been able to appoint since Richard Nixon, who was

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Speaker 2: in power in the early seventies. And all three of

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Speaker 2: the justices who Donald Trump appointed when he was president

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Speaker 2: were in the majority of this ruling.

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Speaker 1: So that's half the judges in the majority that were

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Speaker 1: appointed by the former president. Have we heard from the

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Speaker 1: current president.

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Speaker 2: Yes, well, President Biden, who is pro a woman's right

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Speaker 2: to an abortion, He's been extremely vocal over the weekend

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Speaker 2: in response to the Supreme Court's decision. He said, and

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Speaker 2: I'm quoting again, let's be very clear, the health and

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Speaker 2: life of women in this nation are now at risk.

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Speaker 2: The Court has done what it has never done before,

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Speaker 2: expressly take away a constitutional right that is so fundamental

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Speaker 2: to so many Americans that had already been recognized. And

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Speaker 2: I also just want to mention that there is mounting

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Speaker 2: pressure on Biden to increase the number of judges on

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Speaker 2: the Supreme Court. So, as I said, there's nine judges,

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Speaker 2: and that's a move that would potentially even up the

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Speaker 2: number of conservative and progressive judges on the Court. But

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Speaker 2: Biden's team have said that this is not an option

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Speaker 2: they are willing to explore.

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Speaker 1: So ultimately, this decision means the power to create laws

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Speaker 1: that ban or restrict abortion is now left to individual states.

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Speaker 1: Have we seen states use their new powers in the

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Speaker 1: days after the decision?

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Speaker 2: Yes, And we should also just mention as well that

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Speaker 2: not only do states have the power to create laws

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Speaker 2: that ban or restrict abortion, but they also have the

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Speaker 2: power to put in laws that will protect women who

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Speaker 2: are seeking an abortion. But yes, Sam, to your question,

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Speaker 2: there were actually thirteen US states who had trigger laws

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Speaker 2: in place, which was legislation that automatically banned abortion once

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Speaker 2: Rote Wade was overturned. And on top of those thirteen states,

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Speaker 2: there are more states that are now expected to pass

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Speaker 2: laws to ban abortion. Reproductive rights organization the Gutmaker Institute

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Speaker 2: expects twenty six states in total a certain or likely

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Speaker 2: to ban abortion, and just quickly. When I say ban abortion,

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Speaker 2: it is worth pointing out that the exact details of

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Speaker 2: the restrictions are different for every state, and that some

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Speaker 2: are more severe than others. I was listening to some

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Speaker 2: of the coverage on CNN over the weekend and they

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Speaker 2: were interviewing an abortion specialist in Arkansas, and the doctor

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Speaker 2: was saying that there were people literally in the waiting

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Speaker 2: room of the clinic when the decision came through and

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Speaker 2: they had to be turned away and asked to leave.

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Speaker 2: So that's how immediately this decision was enacted.

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Speaker 1: I've read some research that says the majority of Americans

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Speaker 1: think that abortion should be legal and practiced safely. How

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Speaker 1: have people across the country responded.

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Speaker 2: Well, we've actually heard a lot from the private sector.

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Speaker 2: So some major US company have told their staff that

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Speaker 2: they will cover their travel costs if they are in

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Speaker 2: a state that has made abortion illegal and they need

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Speaker 2: to travel to a state to safely receive an abortion.

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Speaker 2: One company that I want to mention is Patagonia because

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Speaker 2: they agreed to cover the bail cost of any employee

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Speaker 2: who wanted to protest the ban and was subsequently arrested.

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Speaker 2: And then if we look to politics, we've seen things

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Speaker 2: like the executive order from Minnesota Governor Tim Waals to

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Speaker 2: provide protection for people traveling to his state for an abortion,

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Speaker 2: and there's also been a joint statement between California, Oregon,

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Speaker 2: and Washington state leaders to be the leaders in the

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Speaker 2: fight for abortion rights. Finally, on the streets of the US,

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Speaker 2: we are seeing protests that have gone on for three

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Speaker 2: days now, so once again we're seeing a very divided

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Speaker 2: United States.

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Speaker 1: That is a lot to take in. So let's leave

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Speaker 1: it there for today. But if you want to kind

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Speaker 1: of digest this in written form, we've got some really

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Speaker 1: handy explainers over on our Instagram. It's at the Daily OS.

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Speaker 1: We're going to be walking you through the reactions and

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Speaker 1: how this decision is being received by US states. We're

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Speaker 1: keeping a close eye on this story. We will speak

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Speaker 1: to you tomorrow morning.