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Casey other than adjusting the viability line. but he lost on that one. and so this kind of maximalist, very aggressive court, sort of run roughshod over him. and that five member majority that you just named is now upholding the rains. so, he is really the chief justice in name only. >> kenji yoshino, thanks for joining us tonight, great to see you again. >> always great to see you, even on a sad occasion. >> all right. coming up -- an even better than expected jobs report was good news for joe biden today. and a totally expected billionaire tantrum was bad news for donald trump. that is next...

That's just wrong. the truth is today's supreme court majority that is playing fast and loose with the facts, even 150years, the common law and state laws did not criminalize abortion early in pregnancy, which is similar to the viability line drawn by roe. the dobbs majority ignores that. it ignores that many laws are enacted to protect women at the time when they were dying from unsafe abortions. this is the horrific reality that roe sought to end. the practice of medicine should not -- should not be frozen in the 19th century. what happened? the dissenting opinion says this as clear as you c...

In the 1880s towards the end. that's just wrong. the truth is that today's supreme court majority that is playing fast and loose with the facts, even a hundred and 50 years ago the common law and many state laws did not criminalize abortion early in pregnancy, which is very similar to the viability line drawn by row. the dobbs majority ignores that fact, and the dobbs majority ignores the many laws are enacted to protect women at the time when they were dying from unsafe abortions. this is the horrific reality that roe sought to end. we should not be frozen in the 19th century. so what happene...

It's a very dark day in america. >> so 26 states are certain or likely to ban abortion. when, how quickly will this happen? >> yeah, i mean, in the states that have trigger laws, it can be immediate. in the states that have ghost laws on the books, which is to say pre-roe bans that now are lawful, they're no longer unconstitutional, it will be very, very quick. we have a bunch of states that have eight-week bans and very, very even more constrictive bans that the ban at issue here. and those will go into effect. and so i think you're going to see that some of the really draconian efforts, even...

>> the very fact justice alito is the one who wrote this leaked draft opinion would show that the chief justice isn't in charge of the assigning process in this opinion. the chief at oral arguments in the case in december seem to float a compromise that would say that it would remove the viability line, that is, that -- right now you can't have any prohibition on abortion before the viability, when the fetus would survive outside the womb. he seemed to offer a way to uphold roe in some manner, but to remove that line. there were no takers at the time of oral argument. and the way this leaked o...