“The Dobbs Decision Isn’t Just About Abortion. We also discuss the reason we have courts in the first place, why Greene thinks Germany’s approach to abortion rights could be a model for America, Greene’s case for appointing nearly 200 justices to the U.S. Other countries do things differently, and so can we. Rights like food and shelter and education need not be wholly ignored by the courts. Supreme Court decisions don’t have to feel so existential. But, for Greene, it’s a hopeful one, too.
“Conflict over rights can encourage us to take aim at our political opponents instead of speaking to them. “If only one side can win, it might as well be mine,” Greene writes. And that’s made the stakes of our constitutional conflicts too high. That’s created a race to get everything ruled as a right, because once it’s a right, it’s unassailable. Rather, we recognize too few rights, and we protect them too strongly. We don’t do constitutional law the way other countries do it. Greene’s argument is that in America, for specific reasons rooted in our ugly past, the way we think about rights has gone terribly awry. A man from Long Island claims the right to use his homemade nunchucks to teach the “Shafan Ha Lavan” karate style, which he made up, to his children - he wins. A group of San Antonio parents whose children attend a school with no air-conditioning, uncertified teachers and a falling apart school building sue for the right to an equal education - they lose. An information processing company claims the right to sell its patients’ data to drug companies - it wins. “How Rights Went Wrong” is filled with examples of just how bizarre American Supreme Court outcomes have become. “Getting race wrong early has led courts to get everything else wrong since,” writes Greene in his book “How Rights Went Wrong.” But he probably doesn’t mean what you think he means. Supreme Court has become in recent years, but it’s certainly not the only one. The Dobbs ruling may be the most poignant example of how extreme the U.S. Today, we’re re-airing an episode that we originally released in February of this year with Columbia Law professor Jamal Greene - a conversation that is even more relevant now than it was when we originally released it.
On Sunday, we released an episode with Dahlia Lithwick that goes through the court’s decision in detail, and we will continue to come out with new episodes on the ruling - and its vast implications - in the days and weeks to come. On Friday, a Supreme Court majority voted to overturn Roe v.
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