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Melissa Murray

๐Ÿ‘ค Speaker
610 total appearances

Appearances Over Time

Podcast Appearances

Pod Save America
Trump Is Falling. Are Democrats Rising?

But I think anything the FDA does would likely to be challenged.

Pod Save America
Trump Is Falling. Are Democrats Rising?

I think it depends on how this decision writes.

Pod Save America
Trump Is Falling. Are Democrats Rising?

If this is a decision that takes seriously the question of federalism, as you alluded to earlier, then there is probably an opening for someone in California.

Pod Save America
Trump Is Falling. Are Democrats Rising?

It just may limit

Pod Save America
Trump Is Falling. Are Democrats Rising?

The importation of meprofistone to states that have very robust restrictions on abortion.

Pod Save America
Trump Is Falling. Are Democrats Rising?

It wouldn't necessarily, depending on how it's written, it wouldn't necessarily prevent people from Louisiana from leaving the state unless Louisiana wrote a law that made it impossible for people to leave the state, although I think that could be challenged.

Pod Save America
Trump Is Falling. Are Democrats Rising?

on constitutional grounds regarding the right to travel.

Pod Save America
Trump Is Falling. Are Democrats Rising?

Brett Kavanaugh mentioned that and his concurrence in Dobbs as well.

Pod Save America
Trump Is Falling. Are Democrats Rising?

So there are a lot of open avenues.

Pod Save America
Trump Is Falling. Are Democrats Rising?

I think one thing that is really interesting and deeply implicated by this case and the questions it raises is what happens to

Pod Save America
Trump Is Falling. Are Democrats Rising?

to physicians in blue states who prescribe mifepristone.

Pod Save America
Trump Is Falling. Are Democrats Rising?

And then the prescriptions are going to people in other places, whether it's Louisiana or whatnot.

Pod Save America
Trump Is Falling. Are Democrats Rising?

And those are big questions and likely to implicate the spate of shield laws that have been enacted in the wake of Dobbs that haven't really been tested at the Supreme Court yet.

Pod Save America
Trump Is Falling. Are Democrats Rising?

Well, what did the court do there?

Pod Save America
Trump Is Falling. Are Democrats Rising?

So what does the court tell us it's doing?

Pod Save America
Trump Is Falling. Are Democrats Rising?

And what does the court actually do may be two very different things.

Pod Save America
Trump Is Falling. Are Democrats Rising?

And maybe we should parse that for a little bit.

Pod Save America
Trump Is Falling. Are Democrats Rising?

The court in that case said that it was doing no more than realigning the terms of Section 2 of the Voting Rights Act of 1965 with the jurisprudence that it has issued.

Pod Save America
Trump Is Falling. Are Democrats Rising?

Anytime the court says it's realigning something, it's pretty much either eviscerating it or overruling it.

Pod Save America
Trump Is Falling. Are Democrats Rising?

So they are presenting this as a kind of modest change or update.