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Sorts of background that separates us out from just being able to wipe away a woman's right to an abortion. what do you say about that? >> judge napolitano: i think john roberts is the chief justice and the pro-life practicing catholic would never vote to repeal roe vs. wade because he doesn't believe that rights once guaranteed and substantially relied upon should be changed because of an election. so even if brett kavanaugh were suddenly to become a fierce opponent of roe vs. wade, they would still >> katie: votes to uphold it because the chief justice believes that diminishes the legacy and...

Amendment, they can spy away. that's the argument that kavanaugh made in his opinion. >> marie: judge be 50 and was working on the white house in. >> harris: was there something there that democrats could at least grab onto last night as positive in terms of inclusion language? i'm not hearing it all today but i am seeing it from black conservatives that they were even surprised that he would start there. i'm just curious because everything is being attacked. most of it on the grounds of something that we haven't even seen come forth and that's roe vs. wade. this was a real last night. this pu...

But he is a fierce and public and traditionalist roman catholic so one can only assume what his views are. it doesn't mean that he would vote to change the law of the land, but it does mean that this is something we don't know the answer to and the democrats are going to pull teeth try to get that. >> harris: it does two things from what you're saying i want to broaden this out. it answers the presidents base of his campaign promises that he made that he would seek to pull someone on the court if he had the opportunity to look at roe vs. wade. whether or not that would actually ever happen, th...

Roe vs. wade and abortion. now it's moving. >> melissa: based on what marie is saying, you say that he is part of the washington establishment or that the washington loved him when you look at a lot of his work, it's about limiting that regulatory and administrative states in my opinion is so far overreaching. >> judge napolitano: let me give some comfort to my conservative colleagues. so here's what the law says administrative agency, the food and drug administration, the apa, the fcc issues a ruling. interprets own drilling, enforces its own ruling and the person who loses challenges them, t...

And i think the democratic party gets too close to making it seem like that. it should be about women's health and women's ability to control their own bodies and about not having a bunch of men at the supreme court telling you what you can and can't do. >> katie: seven men decided roe vs. wade so are they allowed to decided then? >> marie: the government can't tell you. >> harris: they are helping you make the children. >> katie: we are hearing how women are terrified everywhere, quaking in their boots, mortify they're going to die, contraception isn't going to be available. as a woman, i am ...