tv Don Lemon Tonight CNN May 3, 2022 8:00pm-9:00pm PDT
a nation at odds over abortion. the explosive leak of the opinion that would strike down roe v. wade, the pivotal earthquakes shaking america and sparking nationwide protests. and breaking news, primary night in ohio. cnn is rejecting that candidate j.d. vance who has the backing of the former president wins the crucial republican primary race for the u.s. senate in a trust of president trump's political influence. but what this draft means for the future of abortion rights in
this country. >> reporter: the elite draft sparking protests across the cou country. and prompting questions. chief justice john roberts seen here leaving his home tuesday issued a statement calling the leak an egregious breach. he has directed the marshal of the court to investigate. the court confirms the draft is authentic but cautioned it does not represent a position of any member on the issues of the case. the nearly 100-page opinion says a majority of justices are prepared to uphold a mississippi law that would ban abortion after 15 weeks and overturn roe v. wade, which established a right to abortion 50 years ago, leaving it to individual states to determine abortion's legality. just as samuel leto authored the draft, stating, there is no inherent right to an abortion, writing, the constitution makes
no reference to abortion and no such right is implicitly protected by any constitutional provision. alito says roe was egregiously wrong from the start and that its reasoning was exceptionally weak and that the decision has had damaging consequences. the opinion is not expected to be published until late next month and still could be modified as draft opinions circulate and justices can change their vote. sources tell cnn roberts did not want to completely overturn roe. it appears alito was joined in his majority by justice clarence thomas, brett kavanaugh, amy gore s gorsuch and amy cone i barrett, even though gorsuch and cavanaugh called it the law of the land. >> that's the law of the land. i accept the law of the land, senator, yes. >> reporter: senator susan collins, who voted in support of gorsuch and kavanaugh, said today in a statement the draft opinion was completely
inconsistent with what justice gorsuch and justice kavanaugh said in their hearings and in our meetings in my office. president biden called the draft decision radical and echoed concerns that this decision could serve as a template for limiting other individual rights previously recognized by the court, like same-sex marriage and access to contraception. >> if the rationale of the decision as released were to be sustained, a whole range of rights are in question. >> reporter: but in the wake of this draft opinion, democrats are vowing to fight to protect abortion rights. >> we'll go down as an abomination, one of the worst, most damaging decisions in modern history. >> we could pass a law to protect every woman's right to an abortion, and we should do that. >> if this turns out to be the opinion of the court and it's issued, it could have a major impact on the outcome of the selection. >> reporter: republicans are
condemning the leak itself. >> whoever committed this lawless act knew exactly what it could bring about. >> whoever did this leak could be prosecuted and should go to jail for a very long time. this has shaken the independence and the ability of the jrudiciay to functions. >> reporter: what we don't know now is if any of these justices will have changed their vote or if the contours of their opinion will have changed. they have made it clear they're open to overturning roe, but we will have to wait until late next month when the final opinion is published to know if that actually happened. don? >> thank you very much. i want to bring in the governor of colorado, jared polis. governor, thank you for being here. i really appreciate it. you signed a bill into law last
month that kcaudifies the right to an abortion in your state, but there are 20 states that would abandon abortion if the state overturns roe including utah, wyoming, oklahoma, your state. is colorado part of an influx of woman seeking safe and legal abortions? >> don, like so many americans i'm still in shock with this. it wasn't expected. i think we all saw it going this way nationally, which is why colorado did protect the roe versus wade. republicans are obsessed with taking away freedoms. like in florida, the vigi vigilanteism of women protecting their rights. this is scary. we have another path in colorado. we respect the right to choose. it's in our law, and i'm, frankly, worried about that freedom being evaporated in
other parts of the country. >> speaking of worried, are you concerned that other states will come after coloradoans who are helping people to obtain an abortion? >> there is no doubt. i'm not old enough, of course, to remember pre-1974 roe versus wade, but i've heard from my parents and grandparents and know from history it was a dangerous time for women. high casualty rates, high complication rates. it turned a very difficult decision that women face into something that was fundamentally dangerous for their lives and even for the lives of their loved ones. this is always a difficult decision for anybody, but it's one that the government does not have a place at the table. it's between a woman, her faith, her medical provider and the government should simply not interfere. >> you mentioned same-sex marriage in your response before this one.
jim bergothal, the man whose case led the supreme court to legalize same-sex marriage, said judge alito's draft opinions scare the daylight out of him. do you share those fears? >> i grew up like you, don, with this wonderful vision of the supreme court expanding our freedom. we heard about brown versus the board of education, roe versus wade. i was at the steps of the supreme court when that decision came out. what a joyous moment. i was a member of congress and got to see that come down. because of these far right republican appointments stacking the court, i really worry that we are now in an era where our freedoms will erode rather than be expanded. that's a scary thing for the country, and it's one, frankly, we need to push back against both at the national level and at the state level. >> listen, when we were reporting this last night and even for a portion of today, we were being very cautious about whether this draft was actually
real or not. but a supreme court spokesperson said this draft by justice alito is authentic but it doesn't represent the final position of any member of the court. do you think there could be a different outcome once a decision is actually issued? >> ic'm always hopeful, but i think what it shows is when we had these cabinet fights, this is real. this is why the president of the united states matters and who they appoint. this is why the united states senate matters in who they confirm for the supreme court. i think we might be surprised and still in shock about the speed with which this is happening. but i don't think any of us had the wool over our eyes that this wasn't the long-term agenda of the republican party to strip away and erode our freedoms as americans. >> yeah. i'm not surprised that it happened but that it happened so quickly. thank you, governor. i appreciate your time. thank you so much. i want to bring in now senior political commentators anna stewart and alice navarro.
if the decision comes down as republicans expect, you and i have had so many discussions on this program about that's why folks stuck with trump, right, even though they hated all the other stuff. that's why they stuck with him because of this. does this feel like a victory to you? >> it does to me, don, and you're right, we've had this conversation many times. i, like many social conservatives, have fought for this day for many years to see the potential overturning of roe v. wade because we protect the sanctity of life and protect the life of the unborn. this is truly a day for social conservatives to celebrate this victory. what we have been doing is fighting for justices that look to what is truly interpreted in the constitution. and that's exactly what has happened here. in this draft opinion, alito says in the constitution it makes no reference to abortion. it also says roe is egregiously
wrong. that's why it's important that republicans focus on this aspect and taking the important issue of abortion and protecting life out of the hands of nine elected justices and putting it in the hands of the states. that's what will happen if this comes forth as written and as this draft is positioned, because we need to turn this back to the states. we have many states that have bans in place that would immediately need to be enacted. as you mentioned, there are many states that have protections for abortions. this is going to be a state-by-state decision once this official ruling is made, and that's the beauty of our democracy is not to have this du done at the federal level but at the state level where it's most impactful to the people of this country. >> i want you to weigh in. i'm going to pose a question to you and then you can tell me how you feel, because i know you want to respond to her as well.
two gop senators are not happy with the draft, saying it would be inconsistent with what justice gorsuch and judge kavanaugh said in their hearings and in meetings in her office. senator senator murkowski said it was not the decision that i believed that the court would take based on statements that have been made. >> i have one thing to say to senator murkowski. girls, you got played. they may have been told one thing in the office. certainly some of the these justices testified to something completely different during the confirmation hearing, and now we see they intend to vote a very different way. they lied to those senators in their face in their offices, and susan collins and lisa
murkowski, who should know better, got absolutely played. to what alice first responded regarding whether conservatives should be celebrating, frankly, alice is the only voice i have heard on tv today actually embracing this and celebrating it, celebrating the substance of it. because most republicans and conservatives i've heard on tv and i've heard responding to this are laser focused on the leak, the leak, the leak, because they know the majority, the overwhelming majority of the country wanted roe v. wade to be thought of as established law to be upheld. so they are going against the overwhelming majority of the country. and they know that's got political consequences. it's one of these cases where the dog finally caught the car, and now you have to live with those political consequences. they understand the storm, the outrage, the category 5 hurricane that has been
unleashed in america for years, for decades, because of that law. >> but, anna, both of you are members of the republican party. >> uh-huh. >> you have advised and consulted republicans in races. so what is your advice to folks who are running? what impact do you think this is going to have on races? >> i didn't vote for donald trump. as you know, i didn't vote for donald trump and i will never vote for donald trump or any of his minions. i think that it's about expanding freedoms. i think -- the core of roe v. wade, the core of the abortion pro life issue really lies on religious values. let's come to terms with that and say it out loud. i am a catholic.
not a good one, but a catholic nonetheless. i don't want my beliefs imposed on any other american woman. so i want to follow my beliefs for myself. but that doesn't mean everybody else has got to live by my beliefs. that's what's at the core of this and it's wrong because we live in a country where there should be a separation of church ask and state. >> i want alice to weigh in. alice, with that, why is there a focus on the leak and not the substance of the decision? i've spoken to my republican friends and colleagues last night on this program and nobody is really celebrating it. why the folk oncus on the leak? >> the leak is really not a matter of who and how was this leaked but why? why was this released at this time? some of it is legitimate, that this was done as a way for democrats to focus on a unifying issue like abortion and the
pro-life issue to galvanize their voters. >> what was liked to the public, though? >> we will find out. taking the legal aspect out, from a political standpoint, democrats don't have a lot to lead on right now with jobs, with crime, with inflation, with foreign policy, that is not a good thing to lead into with the general election in november. the issue of voting rights will turn out democratic members. >> even though you're celebrating, are you concerned about it galvanizing and really firing up democratic voters, inspiring them to go to the polls? >> it could have a double-edged sword. while it would motivate pro abortion or those that support abortion rights, look, republicans have been uniting voters around the pro-life issue for decades. we can pull the evangelical groups together, pull these
groups together like we have done, which got us together in the first place and turn these voters out in the general election. but there is not much more that many view that democrats would like to see more unanfocused ons abortion issue than what we're seeing in the economy. that's why they are so focused on the leaks. >> quick, quick, please. >> republicans have daughters, young daughters and mistresses that get pregnant, too. and how many republican legislators have we heard about, in congress, some of them, who had to leave their jobs because we learned they wanted their mistresses to get abortions. this is one of these causes, one of these issues, that now they got what they wanted to. what they wanted, me may regret it. they may be saying to themselves, oh, holy lord, we got what we wanted. now what? now what, because it's the entire -- sometimes there are things that are better as talking points than they are as
reality. and most of them, i think, are swallowing hard at that thought. let's make bets on whether they're the conservatives or democrats. >> we don't know. that's why i asked the question. we don't know. ana, alice, thank you both. i enjoyed the conversation. cj predicts the republican will win the gop primary for senate in ohio. i feel somethinge a fire, that's just growing. i feel kinder, when nature is so kind to me. find more ways to grow with miracle-gro.
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will win the republican primary in ohio on the first election night of the year. i want to bring in commentator and former pennsylvania republican charlie dent. i'm so excited to get you, i'm tripping over my words. charlie, good evening to you. cnn projecting jd vance. what's the takeaway for republicans here? >> clearly the trump endorsement mattered in the state of ohio when vance had been trailing to mandel and then the endorsement certainly gave vance a lift. but the real test is going to come over the next few weeks in the other battleground states of north carolina, pennsylvania and georgia, especially pennsylvania and georgia where trump has endorsed dr. oz and it's unclear how that race is going to finish. it looks like trump's endorsed candidate in georgia, the former senator of purdue, is likely to lose to incumbent governor kemp.
and in north carolina, ken bud, the house member, has been endorsed and that's a close race as well over mccrory. it should be noted trump has endorsed a lot of republicans so far in this 2022 cycle, so many of the incumbents were going to win, anyway, so the numbers look good, but in these open seats where there was a lot of action. in the case of governor kemp, it's not sure what the outcome will be. >> we often do that, right? are we putting too much stock in this one race? >> i think trump will win some of these races and lose some of these races. he also unleashed his candidate mo brooks because he wasn't doing well in the polls. he endorsed him and then walked away from him. he just endorsed a lot of people in indiana and ohio who are going to win. okay, his numbers look better. but in these real competitive races, keep a close eye because i really think this pennsylvania race, i haven't seen the same kind of lift such as dr. oz in
pennsylvania that vance has received. that primary election is on may 17, but we'll see what can happen over two weeks. that can go the other way. >> i think oz is kind of -- he's a known quantity, right? people have an idea of who else on television and that may be good or bad. to jd vance it's a different level of celebrity there. there are people in the party who could do well on a national ticket like governor desantis, but will results like tonight help keep other challengers to trump on the sidelines, do you think? >> yeah, i think it probably does, yeah. look, if trump decides he's going to run again, he's going to freeze out a lot of people from the field. i would be shocked to see how many would actually always challenge anymore in a primary, at least those who have been loyal to him up to this point. someone like david logan, he
would run regardless. by and large, i have to think trump feels empowered with this endorsement and victory tonight of jd vance. but like i said, watch pennsylvania, watch north carolina. this is just one night. we have a few big races to go. >> in your recent opinion piece, fear is destroying the gop from the ntd r inside-out, you said more likely trump's grip on the republican party can be broken. any sign the republicans are finding their courage? wii been discussing this for a long time. anybody finding their courage, any signs of it? >> regrettably, not enough. i've always said if enough people speak up, and they yell and scream and they create a narrative, trump can't fight with everybody, he can't beat everybody. they know that, and my bigger fear is by not speaking up, the more decent members who have been quiet and fearful are
empowering the fringe. because those fringe elements, they're never shy about making incendiary, outrageous comments that they feel developed their brand. so they go unanswered. also same thing with trump with the big lie about the election in 2020. by not answering that, that's why answering that claim of his, that false claim, that's why so many other people believe it, because there hasn't been enough pushback from credible republicans. that's the problem. and as long as there's too much silence out there examiand fear afraid we'll get more trump and trumpism. >> thank you, charlie. they battle a blaze after an attack on a city in western ukraine. we'll take you there, next. find more ways to grow with miriracle-gro. ready to turn your dreams into plans and your actions into achievements? explore over 75 programs
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best of all, prop a won't raise your taxes. vote yes on prop a for fast, safe, reliable transit. russia launching a new series of airstrikes across ukraine, attacking the rail lines and central parts of the country, and striking lviv causing power outages. it's wednesday morning now, early wednesday morning. thank you very much, isa, for that. isa, multiple russian missiles striking the western center of lviv leaving large areas with no power targeting ing several reg and power training
infrastructure. what is dgoing on there? >> reporter: a very good morning to you, don, what we saw last night is several missile strikes. that was shot by me as we came over the top of the building to capture. two missiles flew over the city of vunitia. two planes recoportedly on thei way to kyiv were shot down by ukranians' air defenses. my team and i heard several blasts followed by large plumes of smoke in this vantage point. it also led to cause aging a fit a large electrical substation. in terms of what we've been fwoi told by officials, we've been told a substation was destroyed
as a result and power is back on again. we heard from ukranian railways that said russian missiles struck six locations and the damage to the infrastructure was severe. yet again, what we are seeing, don, is russia targeting the transport of military equipment into ukraine, really threatening the shipments of weapons and their routes, which is something they've been doing more and more of recently, don. >> so, isa, more than 100 civilians evacuated the steel plant in mariupol, have arrived safely in zaparizia. how dire is the situation? >> it's still pretty dire. we have had a breakthrough, but for many civilians it's still a wait and see situation. we saw many arriving in ja
zaparizia. one lady in the steel plant said, i never thought the earth could shake like that. it didn't just shake. it bumped and trembled. absolutely terrifying for women and children, many still inside after escaping the shelling. many were able to get out of the steel plant, as well as many in the surrounding areas. i can tell that we are expecting four humanitarian corridors from the city of mariupol to zaparizia today. but we've been here before, right? promises by russia and then broken and followed by hostilities. if they go ahead, it will bring a glimmer of hope for people looking for that safe passage. still not sure what it would mean for those still inside the
stunning document that would spell the end of roe v. wade. professor at the university of baltimore and the book "how to think like a lawyer." good evening to both of you. good to see you. kim, i'm going to start with you. you said this draft opinion takes us back to 1971. explain what you mean by that. >> well, 1791 was when the bill of rights was enacted. 1868 is the amendment which contains the due process claim. essentially justice alito in this draft opinion is saying two things. number one, if there is nothing explicit in the constitution about abortion, it's not necessarily protected. there are lots of things that aren't explicit in the constitution, which is treacherous for lots of constitutional rights. but number two, he says, and if it's not in the constitution, we're going to look to history and tradition, and we're going to get back in the time machine and go back to when women had even fewer rights than they have
as of this decision in june, that women couldn't own property, couldn't legally be raped by a spouse, didn't have access to their own children in a divorce, couldn't vote. this is the metric that this conservative majority seems to be adhering to going forward, and it's a very scary thought, don, because there's just a whiff of misogyny that floats throughout this draft opinion that has no parallel in any other area of the law. there is no other context in which one human being has to potentially sacrifice their life for someone else because the state is forcing you to do that. that's what i mean when i say we're talking about rolling back rights and grandizing the power of government, not the other way around which was the trajectory of this country since its founding, and that's a good
thing. >> you're shaking your head. >> thank you for saying that, professor. whiff is a nice and kind word. i think this is the ultimate destructive and insidious displays we've ever seen. we cannot name, call out one opinion by this supreme court or any supreme court that regulates men's bodies. yet this court, four men, decided they had the right to tell women what to do with respect to their reproductive health, and it's just shocking, not all that surprising, don -- >> there is a woman in there. >> there is a woman in there. but there are four men as a part of this five conservative block who are making this decision. it's really shocking, but not surprising given what we've seen by republicans, this concerted effort they've been involved in for the last several decades to roll back the rights, and this
is not the end. in many ways i see this as the beginning. as the professor said, there are other rights at stake here, so this isn't just about women, and women shouldn't be the only demographic that is shocked and appalled by this draft decision. men as well, because things like gay marriage, things like the right to privacy, right to contraceptives, there are so many other rights at stake if this becomes a final decision. >> kim, do you believe -- we've been hearing a lot about same-sex marriage and other things. do you think this will go beyond just roe v. wade? >> look, don, there is no limiting principle in this decision. that is, justice alito admits that this is all of a piece, because it's all grounded in the due process clause. none of this is expressed, and it's not just gay marriage, it's the ability to marry someone of
leave. where does this leave child-bearing people in america? you can't have an abortion, but we're not going to allow you -- we're going to restrict access to contraception, we're going to make it too expensive and we're not going to make it able for you to take care of yourself examine your children once you actually have a baby. so this just isn't intellectually honest across the board. it's very disturbing. people need to get out and participate in the electoral process and vote. only 8% of americans support reversal of roe v. wade. our justice system is broken. that's where justice alito sends us, and i think this is a call to arms. let's show these people that we are going to take back our individual rights because i agree with your other guest. this could be a cascade of overbearing, bullying government and a reversal of rights that we hold dear and just take for
granted. it's very serious stuff. >> reeiva, i'll give you the fil word because i know you want to weigh in. >> there's so many things wrong with this decision, don, and we have to call our own selves out because women are guilty for electing these laws. she said she felt deceived because he came to the office and told her he was going to try to end roe v. wade. what is really disturbing is susan collins. we know that was a litmus tis for conservative judges being appointed to the supreme court, that they would roll back the rights under roe v. wade. so when people show us who they are, we must believe who they are, and these people on the court, all five of them making this decision, have shown us who they are. we can't continue to support
them, vote for them, affirm them once they have established their track record. it's not just voting, it's voting for those people who you know will protect the rights of women and rejecting those who have a history of not protecting those rights decide the lies they may tell you as they stare in your face asking you for a job. >> areva, kim, can't thank you both. the legal consequences of the supreme court's draft ruling. that's next. ake roger happy. so does carvana's customer advocate caitlin picking up his car at promptly 10am. hi, are you roger? berglund. with the honda accord? yes i am. it's right over there. will i be getting? and he loves that caitlin pays him on the spot. yep, rog. it's the little things that drive you happy. we'll drive you happy at carvana.
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the explosive leak of the supreme court draft opinion that would overturn roe v. wade sparking outrage across the country. constitutional right that has been in place for nearly 50 years may be lost and that could have major ramifications for women's health. there's so much to discuss. i want to bring in an emergency medicine physician and medical director at the mcnair campus emergency department and we're so happy to have you on. thank you for joining us once again. so, doctor, supreme court decision won't stop women from having abortions, they just won't be safe for many women. give me some examples of the health impact of this potential ruling. >> don, you are absolutely right about that. there's a saying that if you knew better, you would do better, and we do know better. history has proven that and the scientific data supports that fact. there was a paper published in the lancet that showed that
decreasing access to abortion services does not decrease the number of abortions. in another separate paper also published in the lancet, they grouped abortion in countries by legal status and showed the number of unsafe abortions was exceedingly high in places with very restrictive abortion laws. according to the world health organization, almost 47% of abortions across the globe are unsafe and those can lead to significant physical but also mental and emotional risks. >> what about the young girls, especially in lower income community, who may have to unwillingly carry their babies to term, what kind of risks do they face? because poor ma tternal health already a major issue in the u.s. >> you know, it's almost as if those who are anti-choice are heralded pregnancy and childbirth as if it is this risk-free state and we know that is not the case. if you look at the cdc data, maternal mortality rates have actually steadily been on the
rise since 2018. and if you delve further into that data, black women are disproportionately effected and are dying at three times the rate of their white counterparts. so, women are literally dying to have children, yet the supreme court is forcing us to give birth. let that sink in. >> yeah. and what will -- what's going to happen who have ectopic pregnancies or other situations where the mother's life is in danger? >> you know, those are interesting situations. i did read that there are multiple states that have trigger laws poised to pass if roe v. wade is overturned, and in some of those laws, there are some jurisdictions where abortion is allowed if it is to prevent death of the mom or if it's a medical emergency. however, in this situation, where we are seeing this level of judicial oversight into medical care, who is to say that
i am a physician am going to be respected when i deem something to be a medical emergency? do i get to make that decision? or does a judge that's sitting in a court and has never stepped foot into a medical school or next to a patient's bedside get to make that decision? >> doctor, thank you so much for joining us. >> thank you, don. and thank you for watching, everyone. our coverage continues.
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hello and a warm welcome to our viewers in the united states and all around the world, i'm paula newton at cnn headquarters in atlanta. and an explosion of shock and fury is being felt right across the united states after the revelation that the supreme court could be on the cusp of ending a woman's constitutional right to an abortion. a right millions have held sacred for nearly half a century. you hear it there, protests have erupted everywhere from the steps of the supreme court, you see the video right there, but that, as well, continued to capital cities right across the country and many places in between. the outrage was triggered by the leak of a draft opinion that indicates the supreme court is preparing to strike down roe versus wade. now, that's the landmark