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MSNBC MTP Daily October 12, 2021 17:36:00

That s what the justice department says texas has done taken away the constitutional right of access without challenging it in court and what the government says texas can t do and aterts to peel to the conservatives and potentially the supreme court saying if texas does this on abortion what about doing something on guns or free speech or religion, areas that you also care about. another point here. the justice department makes a legal argument why to get an injunction you have to say you re likely to succeed on the merits and would be harmed meantime if the law doesn t go into effect and the justice department says how is texas harmed? texas legal position is nothing to do with this law. so the state is going to have to respond by thursday and then we ll see a ruling in the next day or so after that on this ....

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MSNBC All In With Chris Hayes September 2, 2021 07:11:00

And addressing this issue, again, it was a procedural issue but one that allowed a law that is patently unconstitutional to go into effect in texas, at this rate is visceral ding abortion rights, with a serious population, persons of reproductive age. this is a consequential decision and the supreme court silent on this issue really spoke volume. so let s talk about the law for a second, irin, one of the devious ways in which it was designed is this private enforcement provision, which is really creepy and dystopian, maybe you can talk a little bit about it in that we can talk about how that was designed to bring us to this point which is that there s no one to enjoy it because it s your neighbor with the binoculars next door spying on you whether you got an abortion? yeah, chris, it s a catch 22 because if the law doesn t go into effect, nobody can say they were affected by it, no ....

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MSNBC All In With Chris Hayes September 2, 2021 07:16:00

Even attempt to provide abortions here that within bring forward this kind of lawsuit, because they simply cannot afford $10,000 for every abortion, for every action, every person involved the, funds in texas are stretch trying to get people to get to their abortions. this is in effect a way to shut down the process entirely and create a disincentive. the attorneys for the clinics don t accept that they can sue government officials on this, they are arguing in front of the supreme court. government officials do have a role here, the supreme court can stop it but if texas prevails than they will in fact have successfully erected the strap. i should just, note to reiterate what you both, said women are actually cut out of the whole thing. as sort of moral agents in the whole thing, so it s consistent with the rhetoric from the antiabortion crowd, but entirely to me, indefensible ....

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MSNBC All In With Chris Hayes September 2, 2021 07:10:00

At new york university, she clerk for justice sonia sotomayor in a, she now cohost the strict scrutiny podcast along with full disclosure my wife kate jones. i want to start on this aspect melissa with you, and then the texas law after. melissa, last night a lot of people thought there is an emergency application, the law is going to go into effect in midnight, it clearly violates current supreme court precedents, they re gonna see something right, there s gonna be in order, woke up this morning and still no order and then the editorial meeting i said, they re gonna have an order by the time we launch the show at eight, still new order. what s going on? chris, i ll just note that we were in the same place last week when we are talking about the remain-in-mexico policy where the court seemed to move with a fair amount of alacrity to resolve that particular issue, which came on a socket of emergency appeals, really interesting that it seems to have move add a leisurely pace ....

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MSNBC All In With Chris Hayes September 2, 2021 07:03:00

Court clerk to see that. the standard thing for the court to do when a law is unconstitutional is to prohibited from being enforced pending appeals and arguments. for instance, just a thought experiment here, if say the state of new york passed a law saying no one can carry of weapon of any kind inside their home, and other people can sue you if you do, the supreme court would enjoy that before it ever went into practice, believe you me. but in this case, with the radical texas abortion law, they have not. it went into effect in midnight, in the dead of night, it has been nearly 20 hours and so far, silence from the court. we don t know where they re thinking, what they re doing, that s all we got. and believe you me, this signal something ominous about abortion rights, women s rights in this country. that landmark cases in the crossing here, mississippi has a law on the books banning most abortions after 15 weeks of ....

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