[music playing] that's all for this edition of "dateline." i'm natalie morales. thanks for watching. [music playing] the leaked supreme court opinion that is set to overturn half a century of precedent and potentially reshape what's legal for hundreds of millions of americans. i'm shepard smith live in washington this is the news on cnbc >> abortion is violence. >> reporter: the blockbuster story broke that a draft of the supreme court's opinion shows the court overturning roe v. wade in a blistering ruling. >> it's a fundamental shift in american jurisprudence. >> it's hard not to feel angry, troubled, deeply disturbed about what overturning roe would do to

women across america. >> i think this is a devastating moment in our country's history. >> the unborn are human and we've been killing them en masse. >> this has shaken the independence and the ability of the judiciary. >> concentrate on what the news is today, not a leaked draft but the fact that the draft was leaked plus, primary election day in ohio. we're live in columbus mariupol evacuees reach safety as russians storm the steel plant. and manhunt, inmate and guard confirmed in a relationship and on the run. >> announcer: a special edition of "the news with shepard smith" live from the supreme court. good evening for more than 49 years the united states has guaranteed the right to an abortion that could change in just a matter of weeks. the supreme court set to overturn roe v. wade if a leaked draft court opinion stands

politico released that document late last night, and almost immediately a protest broke out, outside that courthouse behind me. protesters still out here tonight. the conservative justice, samuel alito, wrote the draft majority opinion. and according to politico, it has support from at least four other justices alito writes roe was egregiously wrong from the start its reasoning was exceptionally weak and the decision has had damaging consequences. and far from bringing about a national settlement of the abortion issue, roe and casey have inflamed debate and deepened division. casey refers to another case that came about nearly two decades after roe v. wade. it's called planned parenthood versus casey it largely reaffirmed abortion rights we're here today because of a case out of mississippi. it centers on a state law that bans most abortions after 15 weeks of pregnancy there

that is a direct challenge to roe. the supreme court heard the case back in december and the leaked majority draft opinion, if delivered, would overturn roe versus wade. chief justice john roberts' office confirms the document is authentic but emphasizes it's not final. he directed the marshal to investigate who leaked it. in this town republicans are focusing on the leak itself. democrats on the content of the draft. the senate majority leader chuck schumer said he's outraged >> it's despicable we're not talking about anything inconsequential. we're talking about women's health, a woman's right to choose, and the millions and millions and millions of american women who have felt the need to have an abortion >> the leak itself is unprecedented and it is indeed a draft, which means justices can still make changes or change their minds entirely republicans are arguing whoever leaked it is trying to bully the

jurists into changing their final opinions senate minority leader mitch mcconnell called the move an attack on the court. >> what's unique about today is this is the first time we've had somebody on the inside try to attack the institution fortunately, i think the chief justice has taken that seriously and will find the leaker. >> justice alito wrote in the opinion that roe v. wade deepened divisions over abortion in the u.s but according to an nbc news poll conducted in august, the majority of americans say abortion should be legal, at least most of the time and in another poll from july of 2018, more than 70% of registered voters said they believed the court should not overturn roe v. wade we have comprehensive coverage tonight. a live report ahead on the demonstrations happening this evening across the country ali vitali is on capitol hill with reaction from lawmakers and our perry russom with what happens next in individual states first, amy howe is here,

lawyer, co-founder of the scotus blog, and reporter covering the supreme court. amy, it's good to have you, thank you. >> thanks for having me. >> if this does become the law of the land, legally what are the next steps for the court, i suppose, but mainly for the states >> for the states there are several states, at least 13 states that have what's known as trigger laws, which mean that as soon as roe and casey are overruled, their own bans on abortion would go into effect. and so one of the articles, one of the studies i've seen recently predicts that abortion would be illegal in as many as 26 states, i think there would be another 20 or so where it would be legal, and then there would be several states where they're not quite sure yet what would happen but what justice alito's opinion says is that the issue would go back to the states and it appears as if abortion would become illegal in all likelihood a majority of them. >> roe v. wade, there's no mention in the constitution of abortion, but this is all

centered on privacy throughout its existence. now the question is because privacy is no longer enough on abortion, is privacy no longer enough on other matters, for instance, same-sex marriages >> that's a big question that will follow if the draft opinion stands and the court overrules roe and casey. because roe and casey are founded on this right to privacy. justice alito in his opinion said, no, abortion is different. this came up at the oral argument and in the briefing back in december the mississippi solicitor general who argued the case defending mississippi's ban said, no, those cases are different because those involve the purposeful termination of human life but that is a major question that has yet to be resolved. >> of course, the purposeful determination of human life was not what was the matter at hand, it was privacy it was under privacy that women were allowed to make decisions about what happens to their own bodies that's what happened under roe

v. wade. >> that's right. there was a friend of the court brief filed supporting mississippi that said exactly that that if roe and casey are overruled, the right to privacy that is at the heart of those cases is also underlying other cases involving the right to same-sex marriage, the right to contraception, that those cases could also be on the table. >> this document that "politico" published last night, what does the content of this document, this majority opinion, leaked majority opinion, not necessarily final majority opinion, what does the content of it say about the power balance in the supreme court >> it says that what we've thought since justice amy coney barrett replaced justice ruth bader ginsburg back in 2020 is that there are five solidly conservative votes to overrule roe and casey. the question was what would happen with chief justice john roberts, who at the oral argument suggested that he might be willing to uphold mississippi's ban but not

formally overrule roe and casey. the question was could he perhaps get justice barrett or justice gorsuch to come along with him after the oral argument, justice alito, thomas, and alito seeme ready to overrule roe and casey and that's what they are reporting. >> amy howe, thank you. >> thanks for having me. today president biden slammed the potential supreme court decision to strike down roe v. wade. >> it concerns me a great deal that we're going to after 50 years decide a woman does not have a right to choose within the limits of the supreme court decision but even more equally as profound is the rationale used it would mean that every other decision regarding the notion of privacy is thrown into question. >> the president warns that it could also threaten other basic rights that he says would represent a fundamental shift in the rule of law. and the president urged

americans to vote for candidates in november who support abortion rights cnbc's senior washington correspondent eamon javers joins us now on the latest from what's being said at the white house. hi, aee ee >> reporter: the president doesn't have a lot of good tactical optioning right here. he can't influence what's going on over at the supreme court because the justices want to land here, they're going to land here ultimately. he can't influence what's going on at the capitol building either because he doesn't have the votes to get abortion rights legislation passed if he does in the house, it's going to be filibustered in the senate and the president doesn't want to go there in terms of the filibuster today that may be why the president took a wider approach today in his comments about this. take a listen. >> does this mean that in florida they can decide they're going to pass a law saying that same-sex marriage is not permissible, it's against the law in florida so there's a whole -- it's a fundamental shift in american jurisprudence. >> reporter: that wider focus

gives the president some political options that may be better for him a senior biden advisor today told nbc news that the supreme court has the opportunity to galvanize the biden coalition in ways that other issues don't that's women, it's communities of color, it's young people across the gender groups, an it's also suburban women and independent women. vice president harris talked about this today and also took that broader approach. here's what she said to say. the rights of all americans are at risk. if the right to privacy is weakened, every person could face a future in which the government can potentially interfere in the personal decisions you make about your life so, shep, the white house here might be hoping that the way to win this is not on the substance of what's going to happen over at the supreme court, because the die may be cast there. what they may be hoping for is a political victory that could stave off disaster in the midterms that are coming up this fall, and also in terms of rehabilitating this presidency, which has been so badly battered by inflation and all the other things that we've seen this administration have to deal with

over its first year and a half in office. >> the push and pull of politics ahead no doubt. >> absolutely. >> eamon javers, thank you. >> you bet. the leaked draft opinion is sending shock waves across capitol hill while top democrats are criticizing the potential impact on women's rights, most republicans are focusing on the leak itself. ali vitali is on capitol hill. ali? >> reporter: shep, that draft opinion absolutely rocking capitol hill today reaction pouring in. senate majority leader chuck schumer minced no words when he talked with reporters today, saying he would bring legislation to the floor to codify roe >> we will vote to protect a woman's right to choose and every american is going to see which side every senator stands on. >> reporter: but the realities in the senate here, shep, haven't changed. back in february, senate democrats tried to pass the women's health protection act, which the house passed at the end of last year

they failed to do so because senator joe manchin joins with republicans and didn't even allow them to get it to be debated on the senate floor. those number realities are still very much at play here, even as they try to make this renewed push to codify federal protections here in the senate and then of course our eyes immediately turned to two senate republicans, collins saying in a statement that the things that she heard in this draft memo, which in theory if it were to actually happen, include justices gorsuch and kavanaugh she said that it's inconsistent with what those two judges told her during their confirmation interviews you'll remember she said during kavanaugh that she felt that he believed that roe was the codified law of the land and it would remain precedent of course, that's not what this opinion says for murkowski's part, she went further and said this rocked her confidence in the court. >> we don't know the direction that this decision may ultimately take. but if, if it goes in the direction that this leaked copy has indicated, i will just tell

you that it -- it rocks my confidence in the court right now. >> reporter: meanwhile, shep, senate republicans remain focused on the leak itself senate minority leader mitch mcconnell, for example, praising chief justice roberts for investigating where the leak came from. they have largely kept their focus there, as all eyes turn to this as an issue in the midterms shep. >> ali vitali reporting from capitol hill demonstrations erupting across the country in light of the leaked draft ruling. here's a look at what our news teams are seeing across the land today in new york, protesters flooded foley square, many with signs in support of abortion rights in tennessee, chants filled downtown knoxville demonstrators asking what this will mean for the poorest and most vulnerable women in the state. and in the massachusetts statehouse in boston, demonstrations and demonstrators are camped out on the steps

armed with homemade signs and megaphones cnbc's shomari stone live among the demonstrators on the steps of the supreme court what are you hearing tonight >> reporter: well, shep, let me tell you, there are thousands of people out here behind me. i'm in the middle of it. and there are people who are er listening to speakers supporters of abortion rights right now. and on the other side where capitol police have put up barriers, there are some opponents of abortion rights, but they are vastly outnumbered in comparison to earlier today let's roll some video. both groups held up signs. right now capitol police are monitoring the crowds. the department stepped up security, closing several streets around the supreme court building now, today we talked to some supporters and opponents of abortion let's hear what they have to say. >> i was saddened when i heard about this draft opinion i support abortion rights

because it's our body as women, our decision it's a medical decision, and there needs not to have any court involvement at all >> we are so excited because we believe that human life begins at conception. and also we believe that women don't need abortion to succeed >> reporter: you're now looking at a live picture of the crowd a woman has a sign that reads, quote, keep abortion safe and legal. on the other side, you have some people who are opposed to abortion here on the shepard smith show, we present both sides. now, more protests are expected this evening one woman told me that some of the marchers plan to go around here but what's interesting is that there are several streets that are closed so they don't know exactly how they're going to march, but they say that they will continue to protest against this leak. shep. >> you know, shomari, it seemed rowdy and fervent, but almost completely peaceful. we have not seen any problems at all. have you >> reporter: i haven't seen any

problems but earlier today i saw some people facing off, as you had some opponents of abortion rights walking down the street singing, and then you had some supporters, and they were facing off. but for the most part it has been very peaceful out here, and you're looking at democracy at its finest, as both sides continue to protest and demonstrate against this issue >> shomari stone live on the steps. thank you. if the supreme court does strike down roe, abortion rights would become a state-by-state issue. local lawmakers would easily restrict access or outright ban abortion were roe overturned today, an nbc news analysis from the center of reproductive rights data shows at least 20 states would be set to ban abortions. the one on this map in blue. 13 of them have what are known as trigger laws on the books, meaning the overturn of roe would trigger state laws that would almost immediately forbid abortions.

the states in green have restrictions on abortion in place right now, and the states shown in yellow have protected abortion rights through state laws and court rulings in the yellow states abortions are legal and will remain legal. then there's new mexico and new hampshire. there abortions would remain accessible but not protected by state law. so confusion and abortion rights could soon be very different, depending on where you live in a moment reporting from garrett haake in austin, texas, on one of the states with those trigger laws first cnbc's perry russom in chicago on where individual states stand now. >> reporter: as conservative justices started filling the supreme court, states began passing new abortion loss. preparing for a possible strikedown of roe v. wade. >> we'll continue fighting for the unborn lives in our great state. >> reporter: in alabama, lawmakers passed a near total ban on abortions

in kentucky and florida, bills have been signed banning abortions after 15 weeks. >> we want these kids to grow up in loving homes. >> reporter: in ohio -- >> we really value human life. >> reporter: -- governor mik dewine signed the heartbeat bill in 2019 that makes abortion illegal after the first detectable fetal heartbeat it only goes into effect if roe is overturned. >> i think we're going to look and see if there are other laws or other changes that we would want to make. >> reporter: across the country states are split by ideology with leaders in democratic states pushing to make their own moves. >> the state of new york will always be there for anyone who needs reproductive health care, including an abortion. >> reporter: in connecticut, a new abortion rights bill is headed to the governor's desk. right now only doctors can perform an abortion. when the bill becomes law, advanced practice registered nurses, nurse mid wooivs, an

physician assistants will be added to the list. >> we'll fight to protect the woman's right to choose. >> reporter: j.d. pritzker calls the state a safe haven of human rights. >> if they can reverse 50 years of settled law, then every supreme court decision that has made this country freer and fairer can be reversed by this court. >> reporter: illinois finds itself in a situation where it will be nearly surrounded by states that have some type of restriction. state leaders say they welcome anybody who has to come here to get an abortion. just a few hours ago in oklahoma, governor kevin stitt signed a new bill making it illegal to get an abortion after six weeks. last month he signed a bill making it a felony to give an abortion so now it's illegal to give an abortion and get an abortion in the state of oklahoma. let's focus for a moment on texas. right now that state has one of the most restrictive abortion laws in the country. the procedure is banned after six weeks of pregnancy, even in case of rape or incest but if the supreme court does indeed overturn roe, texas will automatically impose a blanket ban on nearly all abortions. it's set to start 30 days after

the court ruling is announced. then performing an abortion would be a felony. doctors who do perform an abortion could face life in prison and a $100,000 fine garrett haake live outside the state capitol in austin. garrett. >> reporter: shep, you laid it out quite nicely here. texas with 29 million people is the largest of those states that have set up a trigger law, in this case just 30 days after this draft opinion if indeed it reflects the will of the supreme court, abortions would be illegal here in all but the most exceptional cases in which the life of the mother is threatened this has become and really frankly remains a political hot button issue in the state after they enacted sb-8 that put those tight six-week time frame on abortions in the state just a short time ago there was a rally right behind me here on the grounds of the state capitol. several hundred abortion rights demonstrators here gathering at the capitol, yelling towards the governor's mansion, marching down congress avenue

they're directing their ire at the governor here is noteworthy because we're going to have a top tier governor's race here in the state of texas this year betoe o'rourke against governo greg abbott who signed both of those bills into law o'rourke has made defending abortion rights a central part of his campaign. he's expected to speak in houston at what he's hoping will be a large rally here. we'll see that reflected across the country as democratic politicians try to really seize on this issue to galvanize their voters, especially in a state like texas shep, if the trigger laws do go into effect in all the surrounding states, the closest state with guaranteed access to an abortion after roe is overturned would be colorado that's a 14 1/2-hour drive where i stand here in austin up to denver >> garrett haake live tonight in the texas state capitol.

our coverage of roe v. wade and the supreme court leaked opinion continues later in this news hour. all of this started with a leak. now that leak is being investigated so what does that mean for the court going forward? and what possible changes might be made? we'll talk to a person who clerked for both sides of the aisle. but first tonight, the brutal russian assault on the ukrainian city of mariupol is intensifying, but ukrainian civilians who evacuated from the besieged steel plant there have finally reached safety after a grueling three-day journey, more than 150 women, children, and men have now arrived in the ukrainian-controlled city of zaporizhzhia newly released video shows the moment they emerged from the bombed-out ruins of the steel planting and boarded up a convoy of buses for two months they survived underground in the dark as russian forces bombed them relentlessly one of the evacuees says they lived under the constant threat of instant death from a missile. >> translator: you can't imagine how scary it is when you sit in a shelter, in a wet and damp

basement, which is bouncing, shaking. when we were able to go outside, i saw the sun for the second time in two months every night, we went to sleep and thought about whether we would survive and wake up. it was possible we wouldn't wake up at all. we were praying to god that missiles fly over our shelter. >> ukrainian fighters who are still trapped inside the steel plant say russian forces launched a powerful assault to storm the complex today. it's ukraine's last stronghold in mariupol. a red cross official who's overseeing the evacuation efforts said he's extremely concerned for the remaining civilians still inside we begin tonight's ukraine coverage with nbc's cal perry in kyiv cal. >> reporter: shep, while the attacks continue in mariupol, they are spreading across the country. tonight fresh air strikes in at least four different ukrainian cities, the most of which seem to be centered in and around the western city of lviv where at

least six railway infrastructure targets were hit as well as power stations three substations taken out. as you mentioned in mariupol the fighting seems to only be intensifying ukrainian commanders on the ground say that russian forces shelled that azovstal stee plant shortly after the civilians made their way out of the city the president tonight, president zelenskyy, going out of his way to talk about the importance of what's happening in that port city of mariupol take a listen. >> translator: we will continue to do everything possible to get all of our people from mariupol, from azovstal. it is difficult. but we need everyone everyone who remains there, both civilians and military there was not a single day where we were not trying to solve this issue. >> reporter: shep, the red cross, which organized that evacuation, said they are deeply concerned about the civilians who remain behind. we understand 600 civilians

remain wounded in that azovstal plant as well as 600 members of the ukrainian marines. shep >> cal perry for us live in kyiv. president biden today visiting a lockheed martin plant in alabama where they make javelins those are the shoulder-mounted anti-tank missiles which have helped ukraine repel vladimir putin's invasion mr. biden personally thanked the factory's workers. >> you're making it possible for the ukrainian people to defend themselves without us having to risk getting in a third world war by sending in american soldiers fighting russian soldiers you're allowing the ukrainians to defend themselves and, quite frankly, they'r making fools of the russian military in many instances. >> the president's trip to the plant comes as he seeks from congress $33 billion in additional funding to help ukraine. cnbc's senior white house correspondent, kayla tausche, is live in our washington newsroom. kayla. >> reporter: shep, the lightweight shoulder-fired

weapons have been in high demand since the invasion began, but the white house lacks funding to send any more to ukraine, having shipped 5,000 and 7,000, including those sent under president trump. experts warn that's depleted a critical stockpile here at home. the center for strategic and international studies estimates the deliveries have cut the u.s. inventory by a third or possibly more, a troubling figure as the conflict grows they should be able to produce 6500 javelins each year. getting the semiconductor chips for each of those weapons has proved difficult that's why president biden tied today's visit to manufacturing those chips stateside. >> we invented this sucker going to the moon, we the united states we're the one that modernized it we've done more than anybody else but guess what we stopped investing in ourselves. >> reporter: lawmakers have bemoaned the slow process of

ramping up production to arm ukraine and protect against future conflicts, but they say now it's an emergency. >> people on both sides of the aisle want to see as many weapons as possible go in, so we have a real opportunity to do something in congress to reform the system and make it better. if we need to invoke the defense production act, we will do so. >> reporter: today ukraine's president zelenskyy told a "wall street journal" event that he was grateful for the munitions support even if some of those weapons had yet to reach the country. shep. >> kayla, today the biden administration says the wnba star brittney griner is bein wrongfully detained in russia. >> reporter: she has been held on drug charges since early february the change in classification means the case will now be handled by the president's special envoy for hostage affairs. that's the same team that secured the release of trevor reed. >> kayla tausche live for us kayla, thanks.

polls close in just about two minutes, the first of them in ohio's senate primary for the republicans, it's been a crowded, contentious, and closely watched race that will no doubt test former president trump's sway over gop voters in a really surprising move, he endorsed a candidate who was trailing in the polls and was once a self-proclaimed never trumper. for democrats, it isn't much of a contest. cnbc congressional correspondent ylan mui is live for us in columbus ylan >> reporter: shep, with the polls starting to close, folks are showing up here for tonight's election party in columbus, ohio this is where representative tim ryan's campaign will be watching the results come in. he is wildly expected to win the democratic nomination for ohio's open senate seat, and he i already making roe versus wade a focus of his campaign and attacking his gop opponents for backing what he described as extreme restrictions but exactly which republican

he'll be facing off against in november remains a toss-up j.d. vance has pulled out in front after that critical endorsement from president trump, but he is facing some fierce competition from josh mandel, ohio's former state treasurer. mandel voted back at his old high school earlier today, and he told me his support for president trump hasn't changed even though he didn't get the nod. >> when i win tonight, i'm looking forward to working with president trump to beat tim ryan and the democrats in november. yesterday, today and tomorrow i'm a strong believer in the trump america first agenda. >> reporter: currently ohio has one democratic and one republican senator, but it did vote for trump by eight percentage points back in 2020, and some residents believe that his opinion still matters. >> unfortunately, our government has made some really poor choices and decisions. nobody is really stepping up and supporting the people. i love trump because he basically put his word out there. he always told the truth

maybe not in the most eloquent way, but he always told the truth. >> reporter: shep, tonight could be just as much about the former president as it is about ohio's future senator >> ylan, what more are we learning from the candidates about abortion rights? >> reporter: yeah, this has been a really polarizing issue on the trail as well. democratic candidate tim ryan said that overturning roe versus wade would be a catastrophe and that he supports ending the filibuster to pass the women's health protection act. republicans, though, cheered this news. j.d. vance said it would be an amazing victory while josh mandel said america should be banning abortions, not ar-15s. >> ylan mui live in columbus it's 7:30 in washington, bottom of the hour, top of the news, and the words being used, seismic, egregious, and a disaster that's how the experts and some analysts have described not the case itself, but the leak of the supreme court draft opinion that

would throw out roe versus wade. many are calling the leak unprecedented, but it is not the first time supreme court documents were leaked to the news media in fact, it happened twice in the original roe versus wade case in 1972, "the washington post" got ahold of a memo, one that a justice wrote about the case "the post" used it in a story about the court's private discussions. then seven months later a law clerk tipped off a "time" magazine reporter about the ruling a court expert told nbc news then chief justice warren berger was infuriated and right now chief justice john roberts is not pleased at all himself. in a statement, he blasted the leak, writing in part to the extent this betrayal of the confidences of the court was intended to undermine the integrity of our operations, it will not succeed this was a singular and egregious breach, he writes, of

that trust that is an affront to the court and the community of public servants who work here. lawyer eric citron is with us now. he clerked for both supreme court justices sandra day o'connor and elena kagan eric, thanks so much what was your initial reaction to seeing this opinion brief leaked >> i mean it is a truly shocking result this just does not happen at the supreme court. the court has had lots of very controversial decisions. you know, it did not happen in bush against gore, it did not happen in obamacare. when i was there, they decided both the case striking down the voting rights act and the case striking down the defense of marriage act, the first gay marriage case, and it wouldn't even have occurred to any of the clerks who were in the building to do something like this. so this is a truly shocking development. >> shocking, but the term unprecedented has been thrown around a lot in the wake of this leak practically, though, what will the impact actually be on the court itself

>> well, i think it is going to undermine the work of the court quite a bit, both inside and outside the building you know, the building really thrives on confidentiality the justices have only themselves to talk to about their work, and the law clerks also it's a group of about 36 people who really don't talk to anyone else about the work that they're doing, and they all trust each other a lot to keep their confidence, and if they can't trust each other to keep confidences, then the lines of communication inside the building can really break down and then the public really views the work of the court as nonpolitical and if folks are trying to leak opinions to press to move their colleagues, i think that makes the court look like a much more political institution. >> i don't have to tell you in the last couple of decades, politics does appear to have played a much larger role in the selection of justices at very minimum. has that fully become a part of the court as well now? >> well, i think that justices

would tell you that that's not the case they aren't trying to play politics they don't make decisions based on what's good for the party that nominated them or something like that. but there just is a truth to the fact that when the public sees the nomination process become much more politicized, that's how they view the court too. things like this just don't help the court has never acted the way that you see other political actors in washington act, with leaks to the press used strategically to move colleagues and the like this really starts to make people believe the court is the political institution they see in the nomination process. >> which would be a horrible thing for the democracy. i just wonder, you've been an insider here you know how things work inside the building how hard would it be for them to figure out who might have leaked this, and then what do you think the process should be by way of example for whoever or whatever group of people might have leaked it? >> well, i think it's going to be pretty difficult to figure

out who it was it is a pretty small group of people who have access to the opinions >> about 75, no? >> yeah, that's about right. the justices, their law clerks, and a select group of staf inside the building who would know about things at this stage. but, you know, unless someone made a real mistake sending an email or something, it would be very hard to know who left the building with the paper. but if they do find out who it is, i expect this to be a real career-ender for them. the confidentiality of the courts is really sacred. i think justices on both sides of the aisle will be really dismayed at what's occurred. >> it would be really interesting to hear from these jurists who are devoting their lives to this work on behalf of the people, to hear how they feel about it. it must have just been overwhelming >> reporter: well, i just think for them, it's very easy for

them to imagine the shoe being on the other foot. all of them count on confidentiality from their colleagues when they're writing opinions that might be in controversial cases, so they will be dismayed to see this happen to their colleagues, whether or not they're in favor of what the opinion currently says. >> of course i was talking about just the act. as most republicans aren't here tonight, while democrats are talking about the content of it. eric citron, thank you for your time tonight, i appreciate it. people across all demographic groups can be impacted by abortion restrictions, of course, but for some minority communities, the potential overturn of roe v. wade could be more damaging. the data shows black and hispanic people are the primary recipients of abortions in some of the country's most restrictive states take mississippi that state is currently at the center of this abortion debate there, 80% of all people who have abortions are people of color. that's according to data from the kaiser family foundation

then there's texas where 74% are people of color. census status shows overall fewer black and hispanic women than white women have health insurance. according to the cdc, black women are three times more likely to die from pregnancy-related issues than white people with less access to abortion, experts say black maternal death rate could increase. regardless of gender, race, or socioeconomic class, talking about abortion can be very difficult. so in their own words now, two women on either side of the abortion issue share their personal experiences >> i found out that i was about six and a half weeks pregnant at the time and to be honest, the decision-making process wasn't the hardest part of it for me. i knew that i didn't want to be pregnant at the time, and my partner and i did not want to parent at the time, so i

definitely experienced nervousness and apprehension not so much about the decision-making, but i think i was surprised by the judgment that i experienced, even by other people seeking abortion. there were some people in my life that i didn't tell for many, many years because i was afraid i was afraid of their reactions. i often think back and think about how i was lucky to get an appointment within one week, you know, even though i had to drive close to three hours i had access to transportation and so i do often think about if i hadn't been able to access an abortion that easily, what it would have taken i never once have regretted it and i absolutely believe that it has given me space to heal and grow as a person as well >> i was 18 years old. i was already a mother of one living in my parents' home i didn't think that they could really handle another unplanned pregnancy under their roof i really went into that thinking

if i could take a couple of pills and it would be over by today or tomorrow. so i walked out the door, knowing i had just made this decision to start the abortion took that first abortion pill. really knew there was no going back i just remember sitting in the parking lot thinking, oh, my gosh, what did i just do and so after i had that kind of change of heart and radical change of mind, feeling all those emotions, i sought help. i started progesterone treatment to what we call reverse the chemical abortion. and it did i carried a full 40 weeks completely to term and delivered a completely healthy little boy. i named him zachariah, and we call him zach. this is the life i almost missed out on i was able to graduate from college on time. i'm a working professional i've added more children to my family, i'm married. this is what was waiting on my other side of yes, choosing to parent my child.

>> our coverage of this issue will continue in just a few minutes with a breakdown of where americans stand on this issue. coming up next, new details in that manhunt for an escaped murder suspect and a sheriff's deputy what we've been able to confirm about their relationship plus, new details on a mix-up with an internal memo that cops say sent them back to square one. and amber heard's legal team taking over. the first witness they called to the stand as johnny depp's team rests its case in the defamation lawsuit against his ex-wife.

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there are lots of choices just when it comes to your internet and technology needs. but when you choose comcast business internet, you choose the largest, fastest reliable network. you choose advanced security. and you choose fiber solutions with speeds up to 10 gigs available to more small businesses than any other provider. the choice is clear: get unbeatable business solutions from the most innovative company. get a great deal on this limited time price with internet and voice for just $49.99 a month for 24 months with a 2-year price guarantee. call today. well, the great resignation is still surging 4.5 million people quit their jobs in march. that's the most in any month on record the new data coming today from the labor department job openings surging too a record 11.5 million jobs available. and get this, that means there are two job openings for every person who's listed as unem

unemployed the massive demand for workers forcing employers to raise pay average hourly wages grew as much as 6% in march. that's the fastest pace since at least 1997 that data compiled by the federal reserve bank of atlanta. on wall street, the dow up 67, the s&p up 20, the nasdaq up 28 now to that corrections official who cops say helped a suspected murderer escape from jail in alabama. now we know the two of them, the inmate and the guard, had what the local sheriff calls a special relationship the sheriff in lauderdale county, alabama, said inmates at the jail told investigators about the relationship over the weekend. he says they have now confirmed it the inmate convicted of attempted murder and charged with murder and awaiting trial a massive manhunt for him and the corrections officer still under way in alabama and beyond. cops say escapy casey white is extremely dangerous.

they say assistant director of corrections, vicky white, helped him escape on friday they don't know if she helped willingly or the inmate coerced her in some way they don't understand his office just released this surveillance video it shows vicky white, the corrections officer, leading a handcuffed and shackled casey white out of jail on friday before she drove them away eventually they ditched that patrol car cnbc's valerie castro is live in florence, alabama, with the latest on the investigation and that manhunt valerie. >> reporter: shep, there was some confusion earlier today when a flier meant only for law enforcement was accidentally released by a local police department on social media they thought they were helping by getting some extra information out there. that flier contained photos of an suv that the couple was confirmed to last have been driving in, but the sheriff now fears they may have ditched that

vehicle now that that information was made public. the u.s. marshal service did issue a new press release later this afternoon that also included those same photos and also a warning that the pair may now be armed with an ar-15 and a shotgun. tonight a brutal setback in the search for vicky white and inmate casey white these images of the vehicle they were last seen driving were accidentally made public, damaging the investigation >> it's basically put us back to almost square one. we know they're probably going to get rid of that vehicle so now we're not going to have a clou what they're driving. >> reporter: the flier revealing the pair's last known location on friday, the town of rogersville, leaving people in that town anxious knowing the accused murderer escaped with the help of a corrections officer. >> sometimes people do crazy things for love. i mean maybe she fell in love and just decided that it was time to make a change. but it still doesn't excuse it.

>> reporter: today the sheriff confirming there was some sort of relationship between the two, after other inmates noted casey white often received extra privileges and special treatment, like extra food >> we have discovered some evidence that confirms that there was a relationship outside her work hours t not talking about a physical relationship but outside her work hours. >> reporter: the relationship believed to date back to 2020 when casey white was first an yip mate here. disturbing news for the family of connie ridgway. casey white allegedly confessed to her murder and was awaiting trial when he escaped. >> is it frustrating to know this may have gone on for some time and no one noticed or realized it? >> very frustrating. you would think with men and women working together in the prison that this would be something that they would look for, look at. >> reporter: and the nbc affiliate, waff, also reporting today that vicky white's

department-issued radio, a pair of leg shackles were discovered in a shopping center the sheriff says this means that casey white is no longer in any sort of restraints shep. >> valerie castro live in florence, alabama. tomorrow, amber heard is set to tell her side of the story in response to the defamation suit that her ex-husband, johnny depp, brought against her. that from a spokesperson for the actress. today johnny depp's team rested their case and heard's team called their first witness, a forensic psychologist. she told the jury amber heard has ptsd from her relationship with johnny depp she said the relationship amber described is consistent with intimate partner violence. >> even though she yelled and said some horrible things and hit him, it never was able to shift the balance of power and control in that relationship >> amber heard's lawyers asked the psychologist on the stand

about the actress' abusive childhood. amber heard cried as the doctor described the abuse that she had experienced at the hands of her father the psychologist said history made amber heard more susceptible to an allegedly abusive relationship with johnny depp for his part he's suing heard for $50 million over an opinion piece that she wrote in "the washington post. in it amber heard calls herself a victim of domestic violence, but she doesn't specifically name johnny depp directly. a potentially historic moment today at a courthouse in oklahoma >> justice was realized. >> those cheers after a judge upheld part of a lawsuit that might finally bring reparations to survivors of the 1921 tulsa massacre a white mob then killed 300 black people and burned to the ground 1,200 homes in what was known at the time as black wall street the city of tulsa, named in the suit along with six other

defendants the last three living survivors and their descendants filed the lawsuit two years ago. all showed up in court yesterday. here you can see them, witnesses to history they're each now more than 100 years old. all of them say that they have flashbacks of corpses being piled in the street after the deadly race riots. attorneys filed the suit under oklahoma's public nuisance law in such cases destruction of property and evidence of criminal acts are usually crucial to the suit. the case maintains that black residents of the city are still feeling the effects of that massacre today. well, as thousands gather here in the district of columbia and across the country to voice their opinions of the leaked ruling, how do the majority of americans view the issue steve kornacki breaks down the latest polling. plus, nearly 50 years of american life living with abortion as a basic right. but as that may be changing

but as that may be changing within weeks, historian ug if you're a small business,

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with speeds up to 10 gigs available to more small businesses than any other provider. the choice is clear: get unbeatable business solutions from the most innovative company. get a great deal on this limited time price with internet and voice for just $49.99 a month for 24 months with a 2-year price guarantee. call today. the majority of americans surveyed say abortion should be decided by women and their doctors, not by the government that's according to a new "washington post" and abc news poll when asked whether the decision to have an abortion should be left to the women or regulated by law, 70% of americans say it should be left to the woman and her doctor 24% say it should be regulated

by law 6% had no opinion. other polls show most americans oppose overturning roe v. wade, but people are more divided on abortions themselves, depending on how far along the pregnancy is steve kornacki has been digging into the latest polling data steve? >> all right, shep when you ask about roe v. wade itself and whether that decision by the supreme court ought to be overturned, this is what you find in polling. very consistently you find strong opposition. nearly 60% opposed to overturning roe, only 32% say they support overturning roe and yet public attitudes on the subject of abortion are a little bit more complicated than these numbers might make you think let's take a look at it this way. here's some associated press polling from within the last year they asked folks in general, do you think that abortion should be legal in most or all cases or illegal in most or all cases here's what they founding.

majority, 56%, saying it should be legal in most or all cases, 43% saying illegal but then break it down by trimester and here you see some pretty big disparities let's start with the first trimester, more than 60% believe abortion should be legal in most or all cases during the first three months of a pregnancy. move it along to the second trimester and look at this, suddenly now you've got about two-thirds of americans who say abortion in the second trimester should be mostly or all illegal. and then ask about the third trimester and here you've got only 19% who say abortion should be legal in most or all cases. 80% believe it should be outlawed in most or all cases. so there is broad opposition to the idea of overturning roe. but when you ask about specific points in the pregnancy, there is a wide range of opinion on what abortion law should be, shep. >> steve kornacki, thank you. most americans alive today

really haven't lived in a world without abortion access. in 1973, the supreme court issued the landmark decision, roe v. wade. it ruled in favor of legalizing abortion with a 7-2 majority the ruling held that a woman's right to privacy includes the right to choose whether to have an abortion. then the challenges flooded in according to the gutmacher institute, states have enacted more than 1300 abortion restrictions in the past 49 years, many challenged in the courts one of the most notable cases, planned parenthood versus casey, which i mentioned from 1992. in that case the court upheld roe but ruled states can decide abortion regulations for their individual states, as long as they don't enact undue burden. in 2018 mississippi's governor signed a law that may overturn roe. it bans nearly all abortions after 15 weeks the state's only licensed abortion clinic challenged the

law and the supreme court heard the case in december with this leaked opinion from the court, we now know which way it's leaning historian douglas brinkley now, professor of history at rice university douglas, great to see you. nearly 50 years of precedent could be wiped out here. give us context on that historically >> well, roe v. wade was january 22nd, 1973, and it didn't make the headline news that you might think because lyndon johnson had died that day and that led off the news stories immediately roe v. wailede had s critics. the catholic church was talking about the unborn children that would never see the light of day. the state of texas called it the worst decision since dred scott and it got politicized so everything since 1971 has been a political football over abortion and wrapped up in it is

women's rights, but also the federal government versus states' rights >> justices potentially removing a right. is that in and of itself unprecedented? >> well, it is but the constitution is elastic, right? the idea that elections matter donald trump got three supreme court justices confirmed and a very quick order and we all knew that was going to change the face of the court. i mean in a conservative direction. so i don't think one today is shocked that the supreme court is saying this it's the fact that it was leaked out and that it's going to give the democrats particularly new fighting points. kamala harris right now is out giving a rally joe biden is going to try to turn the midterm election into a defense of women's right to choose so we are now in a political season where the critics are going to go after the supreme

court. but abortion is a hard issue because we're dealing with weeks versus months, states versus the federal government and it's inflamed by our divided politics >> you do wonder how politically this may play over the days and weeks and months ahead, as both sides try to get ahold of the narrative. quickly, it ought to be a fight for the ages >> it's going to be the epic fight now of the year. i thought that suddenly ukraine has become such a news story and what's happening here with abortion is going to be debated here as we go into november. >> i'm out of time i'm sorry to say. and now you know the news for this tuesday, may the 3rd, 2022. i'm shepard smith. see you back here tomorrow nht onnb

it is 5:00 a.m. at cnbc headquarters and here is your top "five@5. the fed is preparing to do something for the first time since the great financial crisis roger ferguson is here with what we can expect. shares of ride-hailing giant, what company executives told analysts that didn't really sit too well. on the other hand, talk about a covid comeback shares of airb