May it Please the Court
Summary: Podcast by UntwistTheFacts
With substantive due process back in full force, the Supreme Court takes up the issue of abortion and decides its most controversial case in recent history: Roe v. Wade.
Just two years after its historic decision in Griswold v. Connecticut, the Supreme Court decides a landmark case about interracial marriage. While the case could have been decided based only on the Equal Protection clause, the Court went further to answer a more fundamental question: can the government stop a person from Loving someone?
After 30 years without a landmark substantive due process case, the clause makes a roaring comeback in the 1960s when civil rights attorneys revive an old legal doctrine. A new liberty is recognized that will shape the modern world, and it starts by protecting access to contraception for married couples.
The Lochner Era continues well into the 1930s. The Supreme Court was as divided as ever and starts to become a problem for President Franklin Delano Roosevelt and his New Deal policies. So FDR comes up with a drastic plan to free himself and the nation from the nine old men and bring the Lochner Era to a dramatic end.
Justice Rufus Peckham gets his chance to make history by writing a new precedent that would dictate American domestic economic policy for a generation. Hear how the arrest of a baker named Joseph Lochner ushered in the infamous era in constitutional history known as the Lochner Era.
Introduction to the Season 1 of May It Please The Court.
In the pilot, Alex Akhavan traces the origins of the Due Process clause starting with the ratification of the 14th amendment and the birth of a legal debate that continues to divide the Supreme Court today. Is the clause only concerned with fair procedures? Or does it also protect fundamental civil liberties? But the liberties they were talking about the late 1800s might not the ones you think!