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Least protected right in the lexicon at this point. so i also suggest that we're not -- it's really more than roe v. wade although that's what this discussion is about. the next supreme court is going to have to deal with issues of presidential power. if the mueller investigation winds up challenging the president, there's going to be issues of presidential power in addition to affirmative action, et cetera. so it is a complicated -- it's a much more complicated discussion. >> yeah. irin cameraon, nancy gertner, and leon wolfe, thank you very much for joining us. appreciate. >> thanks, chris. ...

Shut out and that's roe poisoning the system that way and people mobilizing is not at all inconsistent with what you're saying, irin is exactly the point. the anti-abortion movement in this country is incredibly strong tore precisely the reason they want to see abortion banned. that is why -- >> ruth bader ginsburg agrees with leon. he had would have preferred it was left to the states. but we also have 45 years of precedent and people who have organized their lives around legal abortion and we also have conservatives on the supreme court who have voted to uphold federal bans. so the notion th...

Reproductive freedom but there is absolutely no question that gorsuch, roberts, and anyone who is appointed to replace kennedy if trump appoints someone and they're confirmed for this senate, they are gunning to roe. it's only a question of how explicit will they be, how long will they take to get there, what legal theory they'll use but this is something the right has been working on for 45 years and has finally gotten herr chance. >> i will note leon's last point about feeling democratically shut out and that's roe poisoning the system that way and people mobilizing is not at all inconsisten...

Candidate, kind of what napped 1992, some independent coming up and taking 10% and throwing it to the democrats. i don't think he'll lose in the republican primary but i do think it will hurt his chances. >> nancy, what did you want to say? and i want to back off for a moment. we are talking about a right that the court has been picking at and undermining and limiting for the longest time. so what's really in the winds here is are we going to make abortion criminal again? that's what roe v. wade now stands for. because to some degree it is the least protected right in the lexicon at this point...

And then there are as we argued about bork people outside the range, people whose positions are not within the main vaem, people who are sort of willy nilly going to overturn precedent. and i think within the range you're right, it's hide the ball. it's a kabuki ritual. you don't want to talk about it. but the people outside the range, those are the ones we have to be talking about. what makes this -- what makes trump different is that i have never heard of a president who had a slate. it's like treating the bench, treating the judiciary like you would who's going to be my vice president. i ha...