The Fight for Our Lives - podcast episode cover

The Fight for Our Lives

Jul 01, 202236 minSeason 3Ep. 239
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Episode description

Noreen Farrell, Executive Director of Equal Rights Advocates, returns to speak with Danielle about the urgency of this moment in which the Supreme Court is threatening the rights Americans have taken for granted over the last few decades, and how Democrats can fight back NOW - before November. Support Woke AF Daily at Patreon.com/WokeAF to see the video edition of today's show, and over 100 more.

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Transcript

Speaker 1

Good morning, peeps, and welcome to woke f Daily with Meet your Girl Danielle Moody, recording from my Long Island bunker. Folks, it has been now over a week or a week at that, I don't know, because time is a construct. Since women and people with uteruses in this country have lost the ability to have bodily autonomy. I can't express how much this decision by this radicalized, corrupt Supreme Court, with two stolen seats, both of which were stolen by

Mitch McConnell and Donald Trump. And I am talking about Amy Covid Barrett, and I am talking about out Brett Kavanaugh. We are living at a time that none of us have any basis foundational understanding of. I think that what makes me so incredibly terrified in this time is that it is so unpredictable. Precedent no longer matters, the rule of law, no longer matters, what the majority of people

believe and want and vote for, no longer matters. What matters are the opinions of nine justices, or rather six justices, who are imposing their radicalized Republican Christian fundamentalist vision for America on the rest of us, who did not vote

for them in these lifetimes impositions. This Court has not only signaled, they have dropped an atomic bomb on the Constitution, on precedent, on our rights as citizens of these United States, the right to privacy, the right to be able to sue the government and police officers for not providing us with a reading of our Miranda rights, the ability of governors and mayors in this country to be able to keep their constituents safe from rapid gun violence in places

where we have condensed populations of eight million people and more. What this Supreme Court has laid bare is that our country, our democracy, is fucking broken. I talk about this every single day on this show. I remember when I sat in my recording chair five years ago and said that Donald Trump election was going to be the undoing of our country, and it was going to be white Supremaci's last stand. I said countless times over and over again that the fight for the soul of this country was

going to get bloodier before it got better. Folks, that day has arrived. When I hear now that after rov Wade has fallen after fifty years, that gun legislation has fallen after a hundred years, that these radicalized Republicans are not just going to be satisfied with their patchwork of rights. They want to ensue. They want to create, excuse me,

a nationalized ban on abortion. They want to at one time have states have all the rights, but only the states that they actually like, only the red states that are enligned with their fucking dated and sick and twisted ideology to be able to oppress as many people as

they want. And you know, listening to Joe Biden now say that the time has since passed for there to be an end to the filibuster so that we can codify privacy into fucking law that cannot be changed at the whim of a Supreme Court or at the whim of a new president. I'm saying, where the fuck have you been right? We've been saying this, Black people in particular in this god forsaken fucking country have been saying this.

But you see, what I have recognized is that Republican and Democrat are playing the same fucking game, and we are the chips. They are sitting at the same poker table, and what they are trading back and forth are our rights. You see, the Democratic Party now gets to purport themselves

as the party of the people. But when you had the opportunity during the Obama administration to codify these laws, you decided that you would rather play with the people who would then later call into question Barack Obama's citizenship, call into question the legitimacy of Joe Biden's presidency, and then tell us outright that people of color, queer people in this country, people who are in a non Christian faith have no fucking rights less those that are dictated

by six white, hetero powerful men in power. And you see, the Democratic quote unquote opposition is fine with that because they are a part of the patriarchal hierarchical structure in this country. They benefit from it. So they are using right now our rights as a fucking fundraising tool when they should have been out front, knowing back from when the fucking decision for Roe v. Wade was leaked to

take fucking action. Joe Biden has about five goddamn months to jam through and fucking expand the court because following the fucking upset that will be the midterm elections, barring an outside fucking miracle, you're not going to get another chance.

So you know, folks. Today I will be in conversation once again with Noreene Farrell, who is the executive director and CEO of Equal Rights Advocates, and we will be talking about this devastating opinion in the Dabbs case that fundamentally extinguished Roe v. Wade and the right to privacy

and the right to abortion in this country. We will be talking about from her perspective, as all so a lawyer, what it is that she believes can be done in the current climate that we are in with this administration in order to secure the rights of women and people

with uteruses. We are in the fight for our fucking lives, and I think, unfortunately it has taken a catastrophic loss, and these continued losses that this radicalized fucking Supreme Court is giving out right for people to wake up, for people the privilege, the white and the privilege and the wealthy to wake the fuck up and realize that there is nowhere safe in this country for them, and that while they were totally fine with black people and queer

people and non Christian people being taken advantage of being threatened, now that their own lives are threatened, is it too fucking late for us to do the work in order to secure our democracy? Is this just a losing battle at this point? I will be in conversation with Norine about this and so much more coming up next. It's

no secret that the news is horsepill hard to swallow. Thankfully, there's The Bituation Room podcast hosted by comedian and commentator Francesca Freer and Tini for a lighter take on the heavy stuff. Each week, the Bituation Room brings you progressive comedians, experts, and activists to break down the issues in a way that won't just leave you crying under a weighted blanket. Get The Bituation Room on Apple Podcasts, Spotify, Stitcher, and streaming on YouTube and Twitch. Hey there, I want to

tell you about another podcast I think you'll love. The Brown Girl's Guide to Politics, hosted by a Shanty Gohler, the president of Emerge BGG, is the one stop shop for women of color who want to hear and talk about the world of politics. Join a Shanty this season as she talks to incredible women of color who are changing the face of politics and tackling some of the most important issues basing the United States, from reproductive justice to voting rights to climate change and more. Tune in

every Tuesday wherever you get your podcasts. Folks, I am very happy to welcome back to Woke f Noreen Farrell, who is the executive director of Equal Rights Advocates, to discuss the new healthscape that we are living in posts the Supreme Court's decision to deny precedent to return women and people with uteruses back to the twentieth century, to a time when bodily autonomy was not ours was not

a thing. Norien, I just want to start off as I've been starting off with all of these conversations with organization leads, with friends, with family, which is my god, how are you even distilling your emotions at this time with this decision. I I am compartmentalizing the hell out of these past couple of days because the devastation is so deep, and I'm exhausted thinking about the work ahead. But I am so angry and so fired up and

so clear about the right side of history here. I mean, it isn't We've seen fifty years of gender justice progress just decimated, and I think that we are in for the gender and human rights battle of the century for a bodily autonomy and I'm just trying to ground myself as a as a as a mother, as a human, as a leader, as a lawyer, as a protester and activists, and and and trying to really get clear about one

step after the next to mitigate the harm. I want you to put on your your lawyer hat for us for a minute, which I'm sure you probably don't take off these days. But you know, in the decision that Alito wrote, um, and then the concurrent decision that Clarence Thomas wrote, it is very clear and evident where this radicalized and corrupt, in my humble opinion, not putting words

in your mouth, corrupt, Supreme Court is headed. Um. They do not believe that any of the cases that were one under privacy, such as Rovie Wade, such as Obergefeld, such as Lawrence, such as the cases that we have seen over the last decade plus, they don't believe in it. And so I want to get your legal understanding and how you were able to distill this decision and then the concurrent opinion from Thomas about the assault that they want to have on privacy and on autonomy in this country.

How do you see their decision? Well, look, you know, we're dealing with a majority court that consider themselves originalists, and so that means that women and black people and anybody else who was excluded from the writing of the Constitution in seventeen eighty seven won't be considered in its interpretation. I think that I think that the descent made really clear. There are no promises from any member of the majority of this court that we can depend on, and Claris

Thomas was very clear about what's new next. I think that we just have to accept that the front lines of the federal judiciary for our civil and constitution human rights is gone, and we are back in the States. We are talking about state constitutions and what can be

done to fortify them. But even if the Supreme Court doesn't want to start to unravel some of these prior decisions allowing us to have the family of our choosing to marry who we want, to our basic privacy rights, this is the green light to states to do just that in their own courts. And you know, I'm looking at fast, furious, chaotic, and incredibly compact complex state and

federal litigation in the next two decades. Based on what happened on Friday, You know, but we say that the federal federal protections are gone and that we're going back to the states. But if you look at the decision that was made with regard to New York's ability to have one hundred and eleven year old law on the book that would deny people the right to conceal and carry in this state be overturned, it is evident that they don't actually believe in states rights as long as

it is about protecting individuals. If it is about taking away rights like the state's ability to say we're going to be an abortion provider, state an asylum states, that they still have their eye on that as well. Right, So this court is both saying, oh, it's states rights as so long as you're taking away rights, But if you are providing safety and sanctuary for people, then that's

not your decision to be made. So what what is the strategy for you and your organization as you go into these states knowing that you know there is a faction of the Republican Party UM who sees a national abortion ban in their sights UH in twenty twenty four that does not believe in states rights. They want a totalitarian rule. So what's the strategy that you see going forward. UM, Well, my t shirt on the on the streets this week as if my you know, uterus head bullets, would it

be had more rights? UM? I think yes. The hypocrisy of um, of the states rights argument, and you know, I've been in the past couple of days and head on heads with people that are hailing the decision. UM. There is just there's obviously no intellectual or legal integrity and that's happening. UM. And so I do think that I do think that UM. You know, it's going to take about twenty years, I think for the Supreme Court

to start to detach some of that hypocrisy and legal analysis. M. I do think that there is a space though potentially for lower level federal courts on some of these issues too, you know, seize on that kind of precedent of what's happening in terms of gun control to support UM, federal you know, whatever semblance of federal protections there are for

basic privacy rights, if not abortion. UM. And so you can be sure that legal advts are going to be seizing on places where where the federal government and judiciary has stepped in in terms of rights and apply them

for gender, racial, economic justice. But that being said, I think that the strategy, um, I think the strategy frankly, there's a good case that came out of Florida by a Jewish synagogue right saying that this is a violation of my religion, really setting up other core constitutional rights that are being undermined by this decision and by state laws I think are very smart, you know, the the duty of care that's owed by physicians, religious freedom to

have bodily autonomy. I think that these are places where you know that hypocrisy can be and those contradictions can be seized on by the right federal courts potentially, you know, I do think though that that aside, we are definitely going to have to be changing who is selecting judges

who are on our bench. I mean we I'm not the only one that thinks that about administration needs to be thinking about much more radical steps right now in terms of the courts, composition, etc. But you know, I don't think there's any even pretense of intellectual judicial integrity in what happened on Friday, And hopefully the voters will see that as well, because well, unlike guns, I think I think reproductive justice do hit core economic justice rights

works which are very important to a wider swath of voters. You know, I want to go back to the point that you just made about the Biden administration because I will tell you that you know, with the people that I speak to on a regular basis, there is a deep frustration that is growing with this administration and their lack of sense of urgency, the lack of urgency, the lack of strategic thinking right, the lack of pushing boundaries

to the limits that the federal government has. What the voters keep hearing is, Oh, we can't do this, we can't do that. Oh it's up to Congress. Um. So I want to get your thoughts on what is it that you do believe that the administration could be taking the steps that they could be taking, or frankly freaking the steps that they should have been taking. Knowing uh, you know, several weeks ago when we got the draft

decision that this was coming down the pike. So it was like as if everyone was just kind of sitting around in the democratic establishment and in this administration, you know, just looking up at the sky or naval gazing, and we're saying our rights are under attack. So and and you know, just recently, Vice President Harris did an interview where she's being asked about their sense of urgency. People want you to do something now, and she goes, do what now? So what what is your response to that?

You know, there's comes a point in the movement where it doesn't matter if your strategy works, it's the fact

that you pursued it. And I think that, UM, I think that I find this this frustration often with people in Washington who are very cognizant of the rules, UM, but they are not cognizant of the optics of not even trying to break them, you know, making moves right now to expand the Supreme Court, you know, getting getting the DOJ and others with all the state attorney generals and supporting state by state defense with the resources of

the administration, right being a leader in coordinating that, um, you know, making moves to you know, make sure that the Equal Rights Amendment is past and then bringing a bringing a you know, a counter student as a violation of that constitutional right. You know, thinking about um, you know, not to mention all the legislative you know fixes that should be coming up again and again and again and

making the election about those legislative fixes, right. I mean, as we sit you know, as we sit here, Barbara Lee has an amazing you know bill that would have countered what happened, and it's just that comes and goes and then it's quiet. I just think they need a concerted legal, legislative executive strategy UM its regulatator story strategy and frankly, a mobilizing strategy UM and and working with

progressive governors in this moment um. You know, we've got the governor of We've got the governor of Michigan challenging a book that's been on you know, a law that's been in the book since nineteen thirty one that would you know, felonizes uh uh you know abortion and reproductive healthcare access. That's challenging it in court, right, and lending those resources and being vocal about it. Um. You know, it can't be like, well, it's just all going to

be about the election. This has happened right now, Um, you know, getting pursuing less AOC doing. How do we how do we get rid of these these judges that lied about respecting precedent um? You know, I mean they lied under oath, right, and your lawyer, so you tell me, isn't lying under oath? Isn't isn't there a penalty for that?

These are the kinds of you know, these are the kinds of uh, you know, actions that I think would really you know, build faith among those of us who know the incredible harm and devastation and the lives that will be lost because of this decision. So UM, you know, I think that we in the legal community, we use activists. We are trying to embold m federal action and executive action as much as possible, so we've got your back.

Do what we're doing. UM in California at the federal level, introduce a package of thirteen bills at once that talks about, you know, respecting the hippocratic oath of doctors, that talks about um potentially you know, equal protection, cause claims for base sick worker rights to do their jobs. You know, you know, there are so many who who are bringing you know, bills about religious freedom, for bodily autonomy, take

your cues. There are so many strategies that are calculating in the states that are you know, very exciting and creative and they could be a roadmap for executive and federal action right now. And I think that that would, um, you know, we just need the severity of what happened to be met by it, you know that kind of response. Um, And uh, it's it's really I mean, and also from you know, from corporate America, from every from every source.

We need to be reading this as it is because you can bet that there's been you know, five decades of organizing for this moment by the right wing and um, you know, we're just going to be battered by state laws right now. Um, in the absence of really clear exactetive in federal action. I mean, why do you think that we became so complacent? And I mean the collective we progressives, Democrats because you know, the thing that I keep talking about is that I'm not so certain why

all of this was a shock. Republicans have been organizing in plain sight for fifty years. They've been telling you, Donald Trump told you right that I am going to elect conservative judges who do not believe in a person's right to choose you. Democrats knew this when Obama was in office and allowed Mitch McConnell to hold a Supreme

Court seat hostage and didn't push back. We allowed Amy Covid Barrett to be elected to to be appointed to the Supreme Court, and when the Biden administration came in, there was no pushback to that fact. Democrats did not put up a fight to block to block her from being placed on the bench. It's it's everyone keeps thinking that we're going to get another bite at the apple, and I said it's done. So I'm just I want to know, like, how do you think that we got here.

I think it's a lot. I think it's a lot, a lot of forces at play. And you're right, we only have ourselves to blame. But you know, when we when we hear in the writings like you're right, Justice Barret about we could be leaving babies at you know, the steps of churches. You know, we're talking about children that are eleven, twelve years old getting pregnant and having

babies without the access to abortion. Um. You know, I it doesn't come as a surprise to me because I don't know that this country has ever taken seriously really fighting the patriarchy or racist power structures. We see that in you know, this abortion ban is in the context of the contraction of basic support that allow women and people with uteruses, and people with family to work, to

be educated. Let's just talk about education. This is the fiftieth anniversary of Title nine, which is supposed to ensure that every kid in this country has equal access to education. How is that possible if you can't decide when and if to have children? So, I, you know, you and I both know that this has never just been about abortion. It is about the control benefit, the benefit that comes

out of gendered roles. You know, yet in women out of the workplace, dependent on male read winners, out of the political process that impacts their lives, and so I

think that people across the aisle benefit from that. We don't need to look any further than the fact that we could not pass a universal childcare package, that the twenty six states that are now forcing births have not passed paid leave in their states, And so I think it we we really hurt ourselves when we continue to talk about issues in siloed ways, because it just makes you feel like you're whackamling. And I'm sure that that's what's happening at the federal level. Let's get this one.

Let's get this let's do this as opposed to saying, unless you're really taking a comprehensive approach, these are going to accumulate to a perfect storm of what happened on Friday, and that will continue to storm over the country for decades to come. And I just think that we need we need leaders that are articulating this in that way, and we need voters to get it in that way. And there's such a conservatism about even I mean, you and I talked about this the last time. I don't

even think the word was abortion. Abortion was used in the last presidential address. He I literally I sat there big, and I was and I was and I'm listening to this emergency address in the afternoon, and I was waiting, and it was like, what ten fifteen minutes, abortion was

not uttered. And I said, what the fuck? Like in this particular time, at this moment where people are running out of their homes into the streets to protests, and the president of the United States, when abortion was just taken away from over fifty percent of the population, you can't say the word, So then how do you plan

on fighting? You know? I think I think that obviously, we hope all of these things become calls to action, but to day to day, Congress could be introducing a constitutional amendment in conjunction with progressive governors in every state, introducing constitutional amendments state and federal that are explicit about the right to abortion, the right saying the word sex and race instead of just equal protection in our constitution, and and really using it as a two year campaign

until the presidential election to rally every single states stayed around basic human rights. We need to stop thinking about what we can get and lead with the vision of what people need now and simultaneously, and I just think we're going to We're going to get a lot further that way. And so I you know, I'm not just looking at sort of you know, the incredible creativity in you know, judicial and legal advocacy over the next two years.

I'm also looking for the bravery of electeds. You know, they've got an opportunity, as folks are, you know, approaching you know, November, to really lay out very bold and visionary plans. And that's where we have to put our votes, and that's where I have to put our money. I'm saying this as a C three leader, of course, I want to activate people on issues, and you know, frankly, who the candidate is, you know, is less important than

what they're trying to what their what their vision is. UM. But I think, you know, I think there are these lofty practical legal concerns, but then there's also we're really focused on basic access money. How do we engage high road employers, how do we keep them from getting sued for just giving travel money? UM? You know, so I think that this is UM. There's a lot of people from within the community's most impacted who've been leading the fight to protect abortion for decades. UM, we need to

continuer center that leadership. They know what their communities need on the ground, and hopefully those will be the ones that will be you know, activated by visionary political leaders in this moment. Um it is it is there for the taking. Uh. And I just we just have to hope that. UM, you know, we keep amplifying that. UM, this isn't the time for mild mild mannard sitting on your hands, gasho, geez, it really isn't. This is this

is the decimation, decimation of progress across decades. Last question for you, Noreen, real quick, UM, one of the questions that I was asked recently on MSNBC was well, Danielle, you know, will the temperature cool off from the anger? Will this be what is going to move people to the polls? And I will say that the way that the question was asked was not correct, because the question was will this get white women to the polls? Right?

But it was asked it was it was phrased in the way around suburban women and we all know what those euphemisms mean. But the temperature in this country right now, Noreen is hot right like we are. We are at we are at fever level. And I and I am wondering, do you believe that the level of rage that people are feeling now is going to sustain them for November. I think the most powerful asset and strength we have right now through November are our stories I and people

like you bringing them forward. You know, there was that Twitter where I saw about the medical profession coming out

to talk about eleven year old girls being pregnant. That just you know, I know that intellectually, I know those stories, but we have to keep up the drum beat of the people most impacted that I think those stories of you know, people having to get abortions, with dying babies, with women just having too many children, or people with you to rose, having too many Telling our stories bringing humanity forward is really going to be a very very powerful tool to keep that drum beat up, because as

long as you can put your you know, your head in the sand and be like, you know, this is about people not using contraception correctly, you know, bringing up the where this is going, not just the slippers slope, the cliff of where this is going. Come on, I don't think that there is a single person in this

country that it won't touch. Um, this this right wing agenda, and I do think continually bringing that up and having those shared stories of humanity is going to be critically important to keep us mad, to keep the urgency, to make us everyone remember this is a matter of life and death, and also you know, centering those most impacted

as our leaders, as voters and elections and those voices. Um, I think it's incumbent upon us, and you know we we intend to do that organizationally, and you know with those of us in our movement, well, Mariene um wokay Off is here with you and this fight, and so we hope to have you back many times us as we continue to cover this story, as we continue to lift up voices of people and to tell the story of what this radical right wing agenda is trying to

do in this country as well as around the world. We appreciate you. We are so grateful for you, and we're so grateful to stand with us, stand with you on this Indisputable with Doctor rashad Ricci is one of the latest shows on the TYT network and also the

fastest growing news show in America. On his show, Doctor Ricci plays no games regarding policy, delivering a heavy dose of fact based truth and penetrating analysis on all the top news stories, focusing on racism, criminal and social justice, politics, police brutality, Karens, and much more. Listeners can also expect interviews with fascinating guests, political leaders, commentators, and even fiery debates with conservatives on a wide range of policy topics

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