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the law. >> opted like this. if there was a woman trying to control her own body, samuel leader would say, no she can't by friday. because it is a white man trying to get away with espionage. it could well be the supreme court doesn't hear this case. that is just the reality that we are living in. the judge has issued a say, as glenn said exactly, forcing the government to stop its investigation. the government should immediately appeal. back in cocktail of an circuit. a lot 11 circus considering the case, do they lift to stay? so that investigation continue. or do they keep the stay. a trump judge panel might well keep the stay, while the 11th circuit kind of deliberates. another little poison pill that judge cannon put in her decision, that is a footnote, she suggests that perhaps elect circles and even the right place for this case to be
founding chair of -- and partner at law and. thanks for being. with us >> thanks so much for being with us, and good morning. >> thank you so much for having. me >> i would understand a little bit or that what's the samuel leader in the at state alabama have both latched onto, the causative something been deeply rooted in the nation's history and traditions. it's an idea of what lawyers know as the luck spurred techs but whose history in traditions are we talking about here? >> well, thank you ali for that question. if you have ever been to law school, which maybe i'm not. >> i have. not >> i unfortunate three years there, and we start from the very base of the histories nation that's the traditions of our history very much rooted in white, colonial, nationalism. one of the first things that we learn about in property law is that our system of law is, did not view the indigenous peoples
so unusual about it in clarence thomas and's particular arguments. >> well what's unusual about the decision is it's us that there is no right to abortion. roe v. wade was a egregiously decide. and what the majority says here is that, the problem is you can't find a right either expressly in the constitution for abortion, or by looking at any of the other constitutional protections, including the 14th amendments guarantee of due process of law. the test according to justice samuel leader, and he attracted the courses for other votes, it was a 54 ruling on this part of the decision, fantasy says it's whether it constitutional rights, or whether a right, was deeply rooted in history and tradition and the central to the concept of liberty. now that is language that the supreme court first articulated many decades ago in a case about assistance to the side, when it says there is no constitutional right to that. that he says is the test, and
overturned means that he could be signing with a lot of the sentiments in that draft opinion. >> i'm glad you brought that up, liz, i've wanted to compare him to the late ruth ginsburg, she faced a lot of backlash from don trump in the republicans in 2016 when she criticize him during the campaign and there is silence from republicans today on thomas's opinionated commons. him and other justices they are free to go out and about, samuel leader, john roberts, but they all came down on ruth bader ginsburg, do you get why we are calling this segment are hypocrisy hot take of the week? >> i mean, yes. also the thing that i find so profoundly bizarre in all of it is that as we talk about the slippery slope of how we interpret the 14th amendment and that it doesn't just go to abortion, it could go to interracial marriage, you're in an interracial marriage, sir,
from him because we rarely hear from him. he spoke at length during this interview, and he was pretty clear that he appeared to be aligned with justices lead owes draft opinion, so we don't know with the final opinion is going to be but it looks like his belief is that roe should be overturned means that he could be signing with a lot of the sentiments in that draft opinion. >> i'm glad you brought that up, liz, i've wanted to compare him to the late ruth ginsburg, she faced a lot of backlash from don trump in the republicans in 2016 when she criticize him during the campaign and there is silence from republicans today on thomas's opinionated commons. him and other justices they are free to go out and about, samuel leader, john roberts, but they all came down on ruth bader ginsburg, do you get why we are calling this segment are hypocrisy hot take of the week? >> i mean, yes.
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