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Elizabeth Jo

๐Ÿ‘ค Speaker
430 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That's the reason of the Supreme Court's interpretation of the 10th Amendment.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Congress can certainly offer funds to the states and incentivize them.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But at some point, if it's too much, it's too coercive, it actually violates a 10th Amendment principle.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So there's a lot of robust principles in the Constitution about saying states have certain prerogatives and rights that the federal government can't.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

can't touch.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So there's a whole set of cases here, as you mentioned, that make that clear.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Now, one thing of interest is right after Rene Good was killed, the state of Minnesota filed a lawsuit in federal court against the Trump administration.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

arguing that the administration was violating the state's 10th Amendment rights.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And your office filed an amicus or a front of the court brief.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And the whole lawsuit is premised on the idea that this is a big 10th Amendment problem.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And I wonder if you had any thoughts about, like, what exactly is that issue there?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Why is the surge in Minneapolis and in other cities in Minnesota, why was that violating the Constitution?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

I wonder if we could turn to another place of constitutional conflict for the states and specifically the abortion context.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

You know, after the Supreme Court overturned the constitutionally protected right to an abortion in 2022, states were free to do whatever they wanted.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So some states, of course.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

severely restricted or even banned abortion and others provided protections for access to legal abortion.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So for instance, Texas has banned nearly all abortions.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So a medical provider cannot provide a legal abortion inside the state of Texas.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But of course, the availability of abortion medications and telemedicine means that a doctor in New York or California can provide medication to a patient who is living in Texas without ever having set foot in Texas.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Now, some states, including Texas, have decided to go after some of these doctors who have helped women obtain abortions within their states, even though the doctors have never entered Texas or Louisiana.