Good Law | Bad Law #87 - With Justice Kennedy’s retirement, is Roe v. Wade done for?w/ Scott Ruskay-Kidd

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by, Scott Ruskay-Kidd, a senior staff attorney at the Center for Reproductive Rights, to discuss Justice Kennedy’s retirement and what it could mean for the future of Roe v. Wade.


A graduate of Columbia Law School, Scott’s job is to work on developing new legal theories, manage strategic allies and strengthen the protections of reproductive rights. Scott says that the Center for Reproductive Rights is dedicated to advancing women’s’ reproductive health, self-determination, and dignity.


Today Aaron and Scott discuss what Justice Kennedy’s retirement might mean for the Supreme Court, as well as the country. As the longstanding swing vote, Kennedy was crucial as the pivotal position on the Court.  With his decision to retire, President Trump now can nominate a second Justice. As a candidate, Trump promised he would nominate judges who would overturn Roe. With his nomination of Brett Kavanaugh, he is likely to make good on his promise.


In this episode, Scott and Aaron explore the legal landscape of the past and the present and how the 1973 Roe case has affected many other decisions. Scott says a reversal of Roe may undo two generations of decisions that have expanded progressive equality in the areas of personal liberty, sexual rights, marriage equality, bodily integrity and family privacy.


As a part of their work, researchers at the Center for Reproductive Rights have broken down what an overturn of Roe could mean for states; as many as 22 states would likely quickly outlaw abortion.  See a state by state map can see here.


If you want to know more about Scott and the Center for Reproductive Rights, check out their website and listen in as Aaron and Scott discuss this landmark decision and its looming uncertainty for the future.


Host: Aaron Freiwald

Guest: Scott Ruskay-Kidd