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iton wasr called carhart and iu upheld the practice of partial birth abortion. that's abortion when a babyy out s quitise literally out of the , partially. and justice scaliaof said something that just stuck d with me. and it was iann the dissent and he said one day our abortion jurisprudence will be on the footing of korematsr u and dred scott. those are the two opinions. one upheld japanese internment camps. one upheld slavery in this country. horrible, horrendous moments in our past. our abortion jurisprudence will be there one day. we'll look back on upheldmoments n' as ultrasound develops. we have a president who doesn't cherish life. in fact, he lies about hlies het catholic catechism says noo longer says that we protect life. i can tell you i've gone lif to catholic school my whole life. it's not true. so we need to cherish life because the outgrowth of that are the consequences we see today. >> so we have the abortion issue. and i always sayf that we must life from the to the tomb.li >> but once folks here, we have a society now that just allow d criminalo whatevs to do whateve want now. >> and it's killinfolkg a lot o, folks. yeah, callous disregard for
result that so many folks looked to as to where this was going to end, and you know, to me, don, one of the most revealing pieces of reporting is it's not a 6-3 vote, the reporting by politico is it's 5-4, which as you were discussing with joe at the top of the show, suggests chief justice roberts is no fan of the court us abortion jurisprudence, wasn't willing to go as far as this draft. that's a pretty damming indictment of his fellow conservatives. it's not typical for the chief to split from them in a highly divisive, visible case, and it's one of the many many ways in which this decision whenever it comes down is really going to break so many precedents. both literally and directly and indirectly. not just for the court's jurisprudence but how the court operates as an institution, and frankly how it's perceived by the public! i would like to get more of a readout of exactly they were asked a question that you were asked. i think especially when it comes
their abortion jurisprudence since then makes it seem that much more likely they're not concerned about public perception and are willing to scrap it entirely. the people going around saying abortion is murder, some of whom believe and it some of whom are cynical, is happy it's not going to be happening in just some states. their goal is to treat this like a crime. i think, look, we're not going to see, obviously, a federal abortion ban as long as joe biden is president. if and when there's a republican president, a republican trifecta, of course they're going to try to do this, and i wouldn't be surprised if they get rid of the filibuster in order to pass something like this through the senate. >> hmm. cornell? >> yeah, i mean, the key thing here for politically speaking, electorally speaking is that
after 15 weeks. >> melissa, what does that mean from a legal standpoint? >> so if the court does choose to overrule roe versus wade or i hesitate a minimalist approach, it would essentially discard almost 50 years' worth of precedent and remove lie ability as a salient marker in the court's abortion jurisprudence and free the states to impose ever more restrictive abortion laws. if roe is overturned entirely, there are around 24 to 25 states in the union that already have trigger laws on the books that will make abortion a criminal act in those jurisdictions if roe is overturned. almost overnight if that happens we'd see in the south and the midwest go to being abortion free zones and individuals in those states would have to travel to other jurisdictions where there are more hospitable abortion laws in order to seek
constitutional right that involves the taking of a life. what difference does that make in your analysis? >> sure, your honor. i think it makes a number of differences. one -- i have mentioned two in particular. one, it really does mark out the unbelievably profound ramifications of this area which in many other areas, assisted suicide, a whole host of important areas that are important to dignity, autonomy, freedom, and matters of conscience, it marks it out as one of the unique areas where the supreme court has taken that to the people. it's something that implicates life and just marks off, justice thomas, how problematic and unusual and how much of a break the court's abortion jurisprudence is from those other cases. >> if we don't overrule casey or roe, do you have a standard that you propose other than the viability standard? >> it would be, your honor, a clarified version of the undue
really upends, as you said, not only our abortion jurisprudence, it goes directly against the big case that we know that created a constitutional right for women to obtain access to an abortion, roe, and against the updated version of roe, a case called casey. there's no way that the supreme court case law on abortion and this texas law can live together. as you said, this law or -- these are my words now -- it's just brilliantly written if you want to make it as difficult as possible for any woman to obtain an abortion, even before she knows she's pregnant. it really upends our understanding of who enforces these laws by saying to private citizens, any private citizen, you can sue another private citizen for helping a woman fill out an insurance form, giving a woman a loan to pay for an abortion, driving a woman to an abortion clinic, and you will
years ago the last time the supreme court heard a really big abortion case. and then the court upheld the core pinnings of roe vs. wade. over the years, over and over again he's criticized the abortion jurisprudence. he could very well be in the majority, and that goes to show you how far this court has moved to the right. and that's what's going to be fascinating to watch next term. >> which takes us to president biden because he potentially could have a possibility here to put nominee on the court. there's a lot of speculation. you've talked about this so much that justice steven brieer could step down from the high court, create an opportunity for president biden. a lot of folks say they don't want another situation like ruth bader ginsburg where a lot of folks hold onto the next
national review for that theory. as i briefly mentioned before, christine blase ford, the most significant accuser, her lawyer gave a speech in just the last month or two -- >> dana: it was just last week, guy. >> the news cycle flies so quickly. it was in the last couple weeks where she admitted openly putting that asterisk next to kavanaugh, putting him in a shadow for the rest of his career, especially on abortion jurisprudence, was part of the goal in all of this. i'm sorry, when you have all of these bread crumbs and they all lead in the same direction, and then you have interest from an attorney like that in public, it really is devastating. they're being sort of open about it, which i guess on some level is refreshing. >> dana: guy and lee, thanks for joining me today. >> you bet. >> dana: so the new warning for iran after drone strikes hit key saudi oil facilities and sent