federal courthouse in washington, and this is cnn hello again and welcome. >> it's time to break bound the big stories with some smart people today, we're asking, following this supreme court's abortion pill decision, how will it change the debate over this highly charged issue then backfire. the unexpected fallout for gun advocates from hunter biden's guilty verdict and carded the head-scratching moved by a restaurant and keep some people over 21 from eating their the panel is here and ready to go. so sit back, relax, and let's talk about up first. a major decision by the supreme court allowing the so-called abortion pill to stay on the market. what's more surprising all nine justices agreed at a time when at least one of them is under even more scrutiny for his views i don't think we've ever had a unanimous decision on anything related to abortion. >> the unanimous decision, a win for abortion rights advocates but it still leaves the door open for future lawsuits against the fda to stop the sale of mifepristone, we must remain clear. eyed about the threat to reproductive freedom in america, the decision comes just days after justice samuel alito was heard in a secret recording, one side or the other is talking to a liberal activist posing as a christian conservative people in this country, believing. keep fighting to return our country a place the bottling i agree with the act of those two also recording chief justice john roberts, who pushed back there's like a rule for that court guiding is toward a more moral know, i think the role to the court is deciding the case since the recordings, just the latest in a recent trend of probes into supreme court justices, including from pro publica, which alito criticize here with me today podcaster and author kara swisher, rhiannon salam, president of the manhattan institute, and national review contributing editor york times columnist and podcast toes. lulu garcia-navarro and author and conservative pollster, kristen sold us andrews and welcome back everyone kristen is the court's abortion pill decision a big deal are a little deal. >> it's a big deal in that it takes the issue not completely off the table, but had they ruled in a different way and we're this pill not available. >> this would be a massive political nickel firestorm for republicans in the fall. >> the fact that the supreme court ruled the way it did, and ruled unanimously. i think is very important because it will really take the heat off of a lot of these, especially senate candidates whose job would be to confirm justices. >> they were getting last a lot more questions about this issue that they probably don't want to answer. qarrah. >> it seems to me that there are two questions here. first, the policy question about access to abortion and then how the issue plays out on the campaign on both of those aspects is this decision a big deal are a little deal. >> i think chris is right. it takes it off the table, it calms things down a little bit, but it isn't really the end of it. in any way because it's about standing, it's not the actual thing. it's a thing about the thing. and so in that way, it's a little deal, but they can come back again and again. i mean, melinda gates just just tweeted about that. so this is not by any means the end of this because they'll come back i have to say this whole question of standing, which is whether somebody has a right to sue because they've somehow been harmed that's just alito. >> apparently famously said. so what's it to you? that's what that standard good. so you have to explain what why it is view your were shaking your head. qarrah is answer both of their answers actually, i think it's a big deal because not been for the reasons that they say, but because actually, yes, it takes it off the table for now, but we have cases in idaho. can since it's in missouri, and that have mounted challenges, the people that brought this case, the adf, who have been really pushing this, have said that they didn't get to the merits of the case, and they were very excited about what might be coming down the pipe. so this is far from over and i think that that message is going to be playing out over and over for democrats i would argue those. another reason why does take the issue off the table for the campaign and that is because of the fact that if president trump is elected, he'll be in charge of the fda. and he could have picked somebody who would just say, you know what, mifepristone, it's not safe. we're going to type that up and we're going to take it off it'll still be an issue in the campaign. i want to turn to another subject which is justice alito and that secret recording where he was asked about the polarization between the right and the left here was his answer a way of working, a way of living together peacefully by it's different because there are differences on fundamental things that really can't comment right-hand is alito a culture warrior? >> i don't think he is in his role as a supreme court justice. there was one passage and that's secret recording where he actually explicitly referred to his role on the court and he said that, look, these big cultural questions aren't the court's business. that's that's above our pay grade. what he was doing was dealing with someone who's trying to bait him and frankly trying to placate the person and trying to move the conversation along i really don't think there's much to see here other than that. yeah, he's a faithful christian who is concerned about polarization and the state of the country. and he liked anyone else who pays any attention, is anxious about how rancorous are cultural debates have become lulu alito at one point said either one side or the other, the right or the left is going to win. same question. do you think he's a culture warrior? and if he is how do you explain his vote on the abortion pill decision? >> i think i explained his vote on the abortion pill decision because it was on a very narrow bit of law, which is about on standing. so i don't think it speaks to the merits as the people on the right have been citing, and i think he is a culture warrior. i think you it is very difficult to separate the way that he has ruled on the bench and the way that he sounds in this recording, i'll also say, i don't believe and i don't like when people are secretly recorded, i don't think it's fair. so i don't i don't approve of the methods here, but i do think that it's fair game to understand the thinking that animates the decision-making of these very, very important figures below, it takes us to our next question, question, which is, what did you think of the secret recording by a liberal activist posing as a conservative activist at a private of that did that offend you? >> i agree with lulu and that it doesn't sit right with me that i think when it comes to folks who are in the public eye, i like the idea that they're being held accountable, but i think there are ways to hold people accountable and to learn about their views that don't have to be like that when i was very young and washington, i remember getting to hear a talk from them. justice the late justice scalia, all about his views on things like search and seizure. it was very interesting and illuminating to me and i feel like justices are just going to stop doing that sort of thing altogether in this new climate you know, qarrah, it's interesting on the one hand, what i have done it no, obviously, i wouldn't. >> but on the other hand, it was fascinating thing. it was on the front page of every newspaper in america, lead of all news casts are justices fair again, i do think they are. >> i didn't have as much problem with project veritas or any of them in that way, if that's what they're gonna do. and this particular person is has been ahead of really interesting history of doing this i think it's fine. they should be very careful what they say in public and or it should match with what they say in private. it seems like in this case, with the alito stuff, he says a lot of this in public in his rulings and everything else. so i wasn't like shocked by the difference. i have to say kristen, you know, what was so instructive and we sought in our piece was this was not hello, hard question to answer. >> and john roberts answered it the right way. he said, yeah, no, we don't we don't get into those questions of being moral are taking the country towards godliness. we decide cases. i mean, it was an easy it was, it was a softball question and he's he missed it. >> well, it's clear that roberts was on guard and rightly so it's clear that justice chief justice roberts knows the world that he lives in an alito. let his guard down a little bit and he will i almost certainly believe not let his guard down again. >> i'm sorry, guys, but you know, many of you have been in public forums where you're dealing with people asking you very person system, frankly, tire some questions where you'd just want to placate them and move on. what i heard from justice alito was simply him saying i agree with you. i agree with you wouldn't it be great if we were all living in a in a much godly round tree. i think it's really that straightforward. yeah. no, i never want to play kate. people know that i believe since november i've learned that issues like this. i mean, this isn't someone asked me you casual things now hey, how are you doing? >> how's it, how's it feeling? they're asking you issues about the law? and something very, very important. and so it's ridiculous to think that he was trying to placate that person, staying with the justice theme, jurors found hunter biden guilty after just three hours of deliberation now the question is, should he get jail time also ahead crisis and concern the arrest this week, which could make the immigration issue even tougher for president biden. and lighter stopped payment no, we're not talking about checks. but you may need one when you let's see what some cities are doing to slow down drivers your fast time is precious from roger to be there yet so many ways to save life ready while it happen. >> that's 360 s5, five whole foods market right now, you can get a free foot locker sap wait, just buy it if foot login to app and get one free, just scan the qr code and enter promo code fifo go. it only worked on other saturday scream buddy, you still got a landline? your house or noun to subway out. >> i have moderate to severe crohn's disease. now, they're sky rosie, things are looking up. afghans and control at macron's means everything to me he'll significant symptom relief at four weeks with sky rosie, including less abdominal pain and fewer bowel movements sky rosie is the first il-23 inhibitor that can deliver remission and visibly improved damage of the intestinal lining. >> and sky rizzi is proven to help deliver long-lasting remission net one year serious allergic reactions, and an increased risk of infections or a lower ability to fight them may occur. >> tell your doctor if you have an infection or symptoms had a vaccine or plan to liver problems may occur and crohn's disease now's the time to ask your gastroenterologist how you can take control of your crohn's with sky rosie learn how fv could help you save not flossing well, then add the wo of listerine to your routine. >> new science shows listerine is five times more effective than floss at reducing flag above the gum line for a cleaner, healthier mouth this story, feel the world okay, everyone, our mission is to provide complete balanced nutrition or strength and energy ensure with 27 vitamins and minerals, nutrients for immune health, and ensure complete with 30 grams of protein lactate is 100% real melt just without the lactose delicious to just ask my old friend kevin. now than ligand join the call one while watching the game? 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>> i said i'd abide by the jury decision. i will do that and i will not pardon him. >> kara, this is obviously a wrenching development for joe biden personally. but just as a cynical stripe political matter doesn't help them. it does, it does because it shows that, you know, your son can be convicted just the way donald trump can hold two tier legal system is it just a tragedy? >> and he will probably serve time, probably. and i don't think he's going to pardon unless he loses the election, i suppose maybe he will then ryan does a flip side to this on the political, if if hunter had not been convicted, if he had gotten off it wouldn't it politically have been adjusted huge boon for donald trump, his team was talking about raising tens of millions of dollars on this idea. he gets a trial and gets convicted. the president's on does and walks. >> yeah, it's hard to say. that doesn't sound crazy to me. i can see that unusual, but the truth is, we don't need to litigate this now, but i think a lot of folks on the right thing that hunter wasn't actually brought up on the right set of charges, but there are other matters that were more serious than this and that this is kind of a gimme but he was convicted and he faces jail time. so it's not he doesn't that's that's fair. but i guess the view on the right is that the other charges would have implicated other members of the biden family as well. so just sharing politically expedient for what he right-hand is actually saying is it's more politically expedient for the people on the right he had been brought up in other charges than what he was actually not so much not so much more expedient, but rather those were the more serious pressing charges better they would have. it would have heard political i'm so sorry, lulu, i'm grateful to you for trying to interpret what i was saying, what i was saying is that there were folks who believed that there were more serious criminal matters that would've implicated not just hunter biden, but also other members of the biden family, other folks who had worked for joe biden as well those are your words, not mine, but i think that my words i didn't offer them in this and this why i understand. but i mean, it's not the i just want to say i did this case. >> one interesting aspect and surprising aspect of hunter's conviction is the heartburn that it is created and the gun rights community here is republican congressman tom massie i don't think anybody should be prosecuted for that infraction if you if you are going to prosecute hunter biden for being a drug user and purchasing a gun and having a gun there millions of felons in this country just waiting to be arrested because there are millions of marijuana users lulu lulu did hunter's trial and conviction backfire on gun advocates yeah. i think it did in the sense that you know, if gun advocates are pushing for liberalization of gun laws and specifically they're pushing for liberalization on the issue that hunter biden was convicted on, then it hurts the whole cause that the man that they really wanted to get into trouble is being convicted on this issue. i mean, it's a double standard and it's really hard to sell this then kristen. yeah, you've got matt gaetz are conservative republicans saying that a conviction was dumb. you've got lindsey graham and other conservative saying that the entire trial was a waste of time. did this backfire on pro gun? politicians well i guess i don't quite follow how it would necessarily have backfired if first of all, it doesn't seem as though hunter biden's defense team used a sort of second amendment defense in the courts. >> so in this case, the jury wasn't necessarily making a statement one way or the other about what the lobby, but rather we're making a statement about what the law is. and i do wonder if on appeal is that something that could gay are yard? and they did they didn't bring up second amendment and that's what they're going to argue on appeal, which is a problem for the guns and gun control advocates, right? because he's going to be arguing. i mean, it's for the republicans, it's very hard to say. let people who have severe drug problems have guns. that's essentially what they're saying. on the other side, it's, you know, it's a second amendment thing and then there's the question that hunter will be facing sometime this fall shortly before the election, qarrah, willie face jail time probably he probably will go to jail the appeals, take awhile so it could be longer than that. >> and these things go slowly, but probably he will. >> why do you say that? >> because because binds not going to want to give him special treatment, you don't want to look like it's special treatment and the wind through