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Speaker 1: Good morning and welcome to the Daily OS. It's Thursday,

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Speaker 1: it's the fifth of May, and today we're talking about

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Speaker 1: the really significant story that dropped earlier this week about

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Speaker 1: an impending overturning of Roe v. Wade. We'll go through

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Speaker 1: what all of that means and what the implications are

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Speaker 1: for women in the US. But before we get there, Sam,

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Speaker 1: there were some strikes across New South Wales.

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Speaker 2: That's right, So teachers across New South Wales went on

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Speaker 2: strike yesterday for the second time in six months overpay

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Speaker 2: increased negotiations. The New South Wales Teachers Federation said acting

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Speaker 2: on uncompetitive salaries and unsustainable workloads is the only way

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Speaker 2: to stop more teachers leaving New South Wales. Education Minister

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Speaker 2: Sarah Mitchell responded that industrial action doesn't serve any purpose

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Speaker 2: in getting that outcome.

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Speaker 1: Australia fell from twenty fifth to thirty ninth in this

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Speaker 1: year's World Press Freedom Index. According to the researchers, press

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Speaker 1: freedom in Australia is fragile because of quote ultra concentration

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Speaker 1: of media ownership found quote Overt censorship in Australia is

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Speaker 1: extremely rare, but that the media reflected certain biases.

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Speaker 2: New South Wales Premier Dominique Perrete has defended the state's

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Speaker 2: Anti Corruption Commission after Prime Minister Scott Morrison described it

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Speaker 2: as a kangaroo court. Perrote said the Aykak plays an

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Speaker 2: important role in upholding integrity and confidence in politicians and

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Speaker 2: in public servants.

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Speaker 1: Just some good news now, and this was some good

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Speaker 1: news from earlier in the week that we didn't get

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Speaker 1: to cover up because it's that much good news. But

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Speaker 1: New Zealand opened its borders to sixty nations and this

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Speaker 1: of course is following COVID nineteen. Those countries include the US,

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Speaker 1: UK and Singapore.

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Speaker 2: We'll make no mistake, cure this is an indication that

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Speaker 2: this is a court eager to overturn Roe versus Way.

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Speaker 2: Those were the sounds of the protests outside the US

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Speaker 2: Supreme Court and a bit of a sense of the

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Speaker 2: tone of the news in the US at the moment.

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Speaker 2: It comes after elked document tells us that the U

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Speaker 2: s Supreme Court is set to overturn the case of

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Speaker 2: Roe v. Wade Zara. There's a lot to break down

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Speaker 2: in this story. Why don't we start with looking at

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Speaker 2: what exactly Roe v. Wade is?

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Speaker 1: Okay, So it stems from a decision made by the

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Speaker 1: US Court as long back as nineteen seventy three. Now,

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Speaker 1: the U. S. Supreme Court is, of course the top

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Speaker 1: court in the US. It gives the final say on

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Speaker 1: all of the big issues. So in nineteen seventy three,

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Speaker 1: the U. S. Supreme Court found that women had the

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Speaker 1: right to have an abortion without excessive government restriction. As

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Speaker 1: you can imagine, it was pretty huge at the time,

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Speaker 1: and it's been really really significant since because it essentially

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Speaker 1: means access to safe and legal abortions is a right

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Speaker 1: enshrined by the Constitution and that it can't be outlawed. Then,

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Speaker 1: in nineteen ninety two, a separate case in the Supreme

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Speaker 1: Court of firmed the nineteen seventy three Roe v. Wade

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Speaker 1: decision and said the government can't impose what they called

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Speaker 1: undue burden on women seeking an abortion. Long story short,

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Speaker 1: it's the case that has been used to protect the

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Speaker 1: right to an abortion in the United States. And why

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Speaker 1: are we talking about this today, Well, something pretty extraordinary happened.

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Speaker 1: I mean two extraordinary things happened. The first was that

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Speaker 1: there was a leaked draft majority opinion that has never

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Speaker 1: happened before in the Supreme Court's history. And the second,

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Speaker 1: of course, was the decision itself.

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Speaker 2: Okay, let's slow that down. What's a majority opinion.

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Speaker 1: It means there's been a decision reached by more than

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Speaker 1: half of the members of the court. And in this case,

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Speaker 1: there are nine justices in the US Supreme Court, so

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Speaker 1: a majority opinion basically means that more than five of

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Speaker 1: them have agreed to a decision.

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Speaker 2: Okay, So the way it works is that majority opinion

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Speaker 2: is represented by one of the judges who writes the decision.

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Speaker 2: Is that the document that we discovered this week.

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Speaker 1: Yeah, so that's what we saw. So earlier this week, Politico,

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Speaker 1: which is a really significant media organization in the US,

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Speaker 1: they dropped this story that there had been a leak

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Speaker 1: of a majority opinion from the U. S. Supreme Court,

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Speaker 1: which suggested that the Supreme Court had voted to overturn

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Speaker 1: Roe v. Wade, so vote to overturn the right to

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Speaker 1: an abortion in the United States, which it can't be underestimated.

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Speaker 1: It is a massive deal. As I said, the draft

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Speaker 1: was obtained by Politico, who said that they had authenticated

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Speaker 1: what they were publishing.

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Speaker 2: So this was a ninety eight page document. What was

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Speaker 2: the general reasoning of the judges. Well.

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Speaker 1: It said that there were five justices who formed the

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Speaker 1: majority opinion, including Amy Coney Barrett, who was quite controversial

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Speaker 1: when she was announced as a justice in twenty twenty

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Speaker 1: by Donald Trump. And the wording of the majority opinion,

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Speaker 1: which was written by Justice Samuel A. Alito, was quite unambiguous.

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Speaker 1: It was very much straight to the point. It said,

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Speaker 1: and I quote, the Constitution makes no reference to abortion,

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Speaker 1: and no such right is implicitly protected by any constitutional provision.

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Speaker 1: It went on to say that it is time to

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Speaker 1: heed the Constitution and return the issue of abortion to

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Speaker 1: people's representatives.

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Speaker 2: And by people's representatives, they then are referring to the states.

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Speaker 2: So how final is this decision? Is this exactly what

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Speaker 2: we're going to hear from the Court in a few months.

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Speaker 1: It's not final by any means. Under Supreme Court practice,

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Speaker 1: a draft decision goes through a number of iterations before

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Speaker 1: being presented in court, and in some cases, votes can

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Speaker 1: change between the drafting of a decision and its release.

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Speaker 1: So it could technically change. But unless something was to

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Speaker 1: radically change the composition of the Supreme Court, which right

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Speaker 1: now has majority conservatives, it's unlikely that anything will change

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Speaker 1: in this time period.

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Speaker 2: So let's assume that the document we have in front

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Speaker 2: of us is indeed going to be the final version.

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Speaker 2: What's that going to mean for Americans?

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Speaker 1: If the Court does overturn its previous decision that abortion

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Speaker 1: rights are guaranteed by the Constitution, this doesn't actually make

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Speaker 1: abortion illegal across the country, but it gaves the way

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Speaker 1: for individual states to legislate that so to make it illegal. Currently,

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Speaker 1: there are thirteen states with what we call trigger laws

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Speaker 1: that would automatically ban abortion if Roe v. Wade was overturned.

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Speaker 1: These states are deeply conservative southern states that include Texas, Oklahoma,

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Speaker 1: and Wyoming. On the other hand, several states have enacted

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Speaker 1: laws which would automatically keep abortion legal if Roe v.

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Speaker 1: Wade was overturned, and it follows that those are the

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Speaker 1: more progressive states like California, New York, and Hawaii.

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Speaker 2: So this all happened about fourty eight hours ago. What's

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Speaker 2: the response been like.

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Speaker 1: Well, importantly, Chief Justice Roberts confirmed that the draft leak

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Speaker 1: was real, so he ordered an inquiry into how the

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Speaker 1: document got leaked. The Supreme Court is traditionally one of

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Speaker 1: the institutions in the US that is considered what we'd

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Speaker 1: call leak proof. It's unprecedented that a document, especially one

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Speaker 1: this significant that will change so many lives, would be

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Speaker 1: leaked to the media before it was delivered by judges

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Speaker 1: in court. There's fears that the factor document was leaked

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Speaker 1: is going to have a serious impact on the way

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Speaker 1: that the court operates and the trust of the American

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Speaker 1: people in the highest court in their legal system. It

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Speaker 1: wasn't just from Chief Roberts who we heard. We also

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Speaker 1: heard from President Biden, and he addressed his concerns about

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Speaker 1: the news, the idea that.

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Speaker 3: We're going to make the judgment that is pointing to

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Speaker 3: say that no one can make the judgment to choose

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Speaker 3: to a board of child based on silot. I think

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Speaker 3: those way.

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Speaker 1: Overbord as is expected when such monumental news breaks that

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Speaker 1: affect so many people in the US. There's also been

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Speaker 1: a wave of protests across the country, including outside the

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Speaker 1: US Supreme Court. It's fair to say that there are

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Speaker 1: a lot of women in the US who are absolutely

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Speaker 1: furious about what has happened this week and are really

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Speaker 1: probably scared about what the future holds if Roe v.

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Speaker 1: Wade is overturned again. It then hands over to the States,

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Speaker 1: so women could face the reality of having to leave

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Speaker 1: their states, take leave from their jobs, and access transport

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Speaker 1: leave the aforementioned to be able to access an abortion

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Speaker 1: in a different state, which then brings up a whole

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Speaker 1: nother host of issues about socioeconomic factors and everything else

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Speaker 1: that can affect this decision.

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Speaker 2: A really monumental moment in American politics. As to when

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Speaker 2: a final decision is going to be handed down by

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Speaker 2: the Supreme Court, Politico are reporting it's about two months time,

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Speaker 2: but it could be either side of that, but we're

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Speaker 2: expecting a decision in about eight weeks. That's all we've

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Speaker 2: got time for on today's edition of The Daily os.

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Speaker 2: If you want to catch up with news throughout the day,

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Speaker 2: find us on Instagram at the Daily OHS and we'll

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Speaker 2: speak to you tomorrow.