world, which we are announcing an expansion of it today. we are going to be opening applications and we really hope ukraine and other eastern european countries can apply. >> martha: you're doing great work. thanks for all you've done. >> thanks for having me. >> martha: that does it for us here. thanks for joining us. i'm sandra smith. >> john: i'm john roberts. set your dvr so you don't miss a minute of the program. "the story" with martha starts right now. >> martha: thanks, john and sonda. good afternoon, everybody. i'm martha maccallum in fox news head quarters in new york. right now on "the story," this -- >> the story today is an effort by someone on the inside to discredit the institution of the senate which continues a pattern that we've observed over the last couple years. >> martha: we'll talk a lot about that. what is the pattern that we've seen that disrupts these

institutions. we've seen quite a bit of it. about to speak after the highest court in the land rocked by this unprecedented leak, the president really said nothing. he was asked about this earlier, what he thought about the fact that there was this leak, this breach. he didn't comment on it. we'll see if he does a few minutes from now. he served for eight years as the chair of the senate judiciary committee. so we expect that no matter where he falls on this issue and he sort of has been on both sides in some way, we can talk about that. you would expect he would feel strongly about the issue of this breach, of this leak. the court confirming that the document that was leaked is justice alito's draft opinion that was written in february. in it he talks about the majority overturning roe v. wade and ordering an internal investigation now into this leak. we have a great line-up. we'll have marc thiessen first,

fox news contributor. senator mike lee will join us in just a moment. so marc, you know, it did strike me that president biden, who was the chair of the senate judiciary committee, he was asked actually what do you think about this leak. and he just said, well, if this is a decision that holds, it's a radical decision. no comment at all on the fact that this had been released. >> yeah, it's amazing. the democrats keep accusing conservatives of politsizing the court. here you have what is likely a leak from a liberal clerk trying to stop this decision from going forward. everybody -- he doesn't have anything to say about it. if anything, it's bringing the court's credibility into question, which is unprecedented. we'll find out who the leaker was. jonathan turley was on. the fbi will come in and question every clerk and ask them did you leak it? at that point, there's debate

over whether leaking it is a crime but saying no would be a crime. the leaker is going to have to make a decision do i lie to the fbi and commit a crime to cover up what i did or do i admit it and own it and now i get disbarred and publicly shamed for this breach of supreme court precedence. >> martha: chief justice roberts said it's in the hands of the marshal of the court. mike leak says he believes the court already has a good idea where this came from and i would point out there's some reports that the white house was aware of this story over the past few days. so it seems highly unlikely that they would be aware of it if it had been leaked from the conservative sides, which some people have suggested. >> i don't think the conservatives were leaking this. conservatives are ready -- for

the conservative side, this is great news. we want to make sure that they got it done rather than put it out there. there's no benefit. there's no benefit from leaking this at all. >> martha: marc, thanks. senator mike lee joins us now. he clerked for justice alito. he said very few people would have had access to that opinion. he's certain that the court has figured out who this is. he's the author of "saving nine", the fight against the left to pack the court and destroyed american liberty. great to have you with us today. thinking earlier today, we have video of it, what it is usually like when a supreme court decision comes out. you know, interns and people waiting for the decision come tearing a cross the plaza in front of the supreme court because nobody has had an inkling of what has been discussed and what the decision is. that's all been broken here. >> it's all been broken and it's

significant. in order for this to happen, a lot of protocols have had to have been circumvented. each law clerk has access to these. they don't print them out. they do and they follow protocols. when they finish them, they put them in a burn bag. they take it and they shred it twice, vertically and horizontally creating confetti. after that, they burn it and turn into a slurry before it leaves the custody of the supreme court. these had all been violated, overlooked perhaps deliberately in order to release this. that's unfortunate. the fortunate part about this is that the supreme court appears poised to correct a slight over 50 years ago. that's good news for the american people regardless of how they feel about this issue as a policy matter.

this was a decision made by federal judges that was supposed to be made by state legislators who are shifting power back to the people where it belongs. >> martha: i want to show this comment by chief justice roberts that put out a strong statement about what happened here. to is the extent that this betrayal was intended to undermine the integrity of our operations, it will not succeed. the work of the court will not be affected in any way. do you think that was the intention here of this leaker, to try to sway justice roberts or anyone else that might have been a little bit on the fence? this was a february draft. it's not expected out until the end of june, early july. >> that's right. look, while i don't have first hand knowledge of what happened or why it did, one could surmise as many have and i think reasonably that this was quite possibly and effort by someone to threaten, harass, intimidate those justices planning to sign

on to the majority opinion. i don't think that that is going to work here. i don't think it's going to have its intended effect. i think the effect that they have overreached this far in denigrating the supreme court. denigrating the supreme court, mind you, under circumstances when the supreme court was right ago historical wrong, an instance where the constitution was manipulated by the court 48 years ago. it's not going to work this time. >> martha: senator mcconnell mentioned the undermining of institutions in america that he said has been going on the last couple years. a few things come to mind. the tearing down of statues, the teaching of the foundations of this country in a very different way than the founders intended it. i wonder what you think about that. if you believe that this shows -- here you have brian fallon, the executive director of demand justice that said scotus leaks are good. elite lawyers on the left and right treats the court as

precious all of these years have given cover to an institution that is wholly unaccountable. rip the veil off. your thoughts. >> it's a wildly inappropriate statement by mr. fallon. it's not the sort of thing that we can allow to take hold. we have a good judicial system. the supreme court of the united states despite its flaws is the envy of the entire world. >> it's a good deliberative body even though it consists of fallible portals. it's a good tribunal. if we weaken it, it would be at our own peril. we're not going to let it happen >> martha: the judiciary was supposed to be independent. thanks, senator. lots to discuss on this front. president biden is speaking right now at lockheed-martin in

troy, alabama where the javelins are built. let's step in here to see if he has comments about this huge decision out of the supreme court. >> that means a person firing it -- i know you know it, but for anybody listening, can change positions or take cover before the javelin strikes a target. in fact, they've been so important, even a story about ukraine parents naming their children, not a joke, their newborn child, javelin or javelina. not a joke. the brave people of ukraine, including the many civilians that have taken up arms to defend their country, deserve every ounce of credit for pushing back the russian assault and frustrating putin's desire to dominate ukraine. we're add an inflection point in history. for real. comes along about every six or eight generations. where thing are changing so rapidly that we have to be in

control. folks, there's an ongoing battle in the world between autocracy and democracy. xi jinping, the leader of china, that i spend more time than any other leaderheads, over 78 hours either in person or on the telephone with him, and the fact of the matter is, he's straightforward about it. he says democracies cannot be sustained in the 21st century. not a joke. they cannot be sustained. things are moving so rapidly, democracy requires consensus and it's hard to get consensus and therefore they can't keep up with an autocracy, a one man rule. that's not going to be the case. if that happens, the whole world changes. because of you, in this first really battle, if you will, for that -- to determine whether that will happen is because you're making it possible,

you're making it possible for the ukrainian people to defend themselves without getting into a third world war. my dad used to have an expression, the only war ununtended is one that is intented. we're allowing the ukrainians to defend themselves. quite frankly, they're making fools of the russian military many many instances. a big part of the reason they've been able to keep up fighting and to make this war a strategic failure for russia is because the united states and our allies and partners have had their back. the united states alone is committed more than 5,500 javelins to ukraine. we're changing the nation. we are. add to that significant supplies from our allies and partners as well as many thousands of anti-tank and anti-air weapons, helicopters, armored vehicles, coastal defense systems. before russia attacked, we make

sure that they had javelins so ukraine was ready for whatever happened. the last two months, we continue to move more resources and equipment at a rapid pace in the ukraine. we made sure that there's no interruption in the flow of equipment. we've sent more than $3 billion in security assistance to ukraine, alone, us. that money is a direct investment in defending freedom and democracy itself. if you don't stand up to dictators, history has shown us that they keep coming. they keep coming. their appetite for power continues to grow. every worker in this facility and every american taxpayer is directly contributing to the case for freedom. that's something that we can all be incredibly proud of in my view. last week i sent congress, if you excuse the point of personal

privilege talking like a senator, sent a supplemental budget, a fancy way of saying we need more money to make sure the united states can send weapons to the front lines of freedom in the ukraine and continue to provide humanitarian assistance. i urged congress to pass this quickly to help ukraine continue to succeed against russian a degrees just as they did when they won the battle of kiev. to make sure we can replenish our own stocks of weapons to replace what we sent to ukrainian, as i said from the beginning, this fight is not cheap. but caving to aggression would be more costly. we either back the ukrainian people or stand by as russia continues their atrocities and aggression. i know what the answer is. you do, too. i know what the answer of this plant is. there's something else here to be understood. being the arsenal of democracy

means good paying jobs for american workers. in alabama and across america where defense equipment is a sum belled, 265 people here at this plant are directly employed working on the javelin program. all told, lockheed-martin brought 3,000 jobs to alabama. the armed forces of the united states continue to be the most capable fighting force in the history of the world. in order to do that, we have to make sure our vital defense supplies are getting the supplies that they need to produce and protect and provide the full capacity. i learned on the tour today that each of the javelins that you produce includes more than 200 semi conductors. i've been a broken record on our need to produce more semi conductors in the united states. we invented the sucker going to the moon, we, the united states. we modernized it.

we've done more of it than anybody else. but we stopped investing in ourselves. we stopped investing in our serves. so now we're back in the game. making sure that we become the primary producer of the semi conductors. computer chips that power much of our lives, our phones, cars, almost everything that has an on-off switch. a semi conductor is critical to the defense system. that's why we're making it hard for russia to get ahold of semi conductor and advance technologies to upgrade their military during this conflict. why are we making steps to make it easier to source of what we need here in a semi conductor shortage? in just one more reason why congress has to act quickly to provide the emergency funding for the so called chips act bypassing a broader bipartisan innovation act to produce tens

of millions of these chips. there's something we have to focus on. something that i have focused on from the earliest stages of the administration. i'm determined to make sure that the united states holds the technological high ground in competition with nations especially china as we move forward. folks, you know, we used to invest as a nation years ago, 35 years ago, we invested 2% of our entire gdp in research and development. we do half of that know. we do half of that now. we used to be number 1 in the world. now we're number 13 in the world. my administration, we're changing that. the united states used to own the innovation field. the department of research program that established darpa, the first development of an anti tank missile with advanced infrared guidance systems that culminate in today's justice alito lin. the bipartisan innovation act will reverse federal research

and development and investment. should create and support entire families and expand u.s. manufacturing and strengthen our national security. where in god's name is it written that the united states can no longer be a leading manufacturer in the world. we created 465,000 permanent manufacturing jobs in america. we have the best workers, the most competent employees, the best science in the world. by funding the chips act, we'll assure the semi conductors will power the economy are made here in america again. today all the world's most advanced chips are made overseas. the events of the past few years have proven beyond a doubt that america's security should never be held hostage to events overseas. not a pandemic, not a war. not the politics of ambition or other countries.

there's a national security issue. this is one of the reasons why the chinese communist party is lobbying folks to oppose this bill. it's an issue that unites democrats and republicans. so let's get it done. let's get it done. an introduction linda said she personally touched every javelin, 50,000 manufactured in this plant 20 years ago. i was worried to shake your hand. i thought you might be electrocute me. that's where they start. right here. the american skill. american craftsmanship and american patriotism. a young hungarian fight was quoted without the javelins, it would be hard to stop the enemy from pushing ahead. so these weapons touched by your

hands are in the hands of ukrainian heros making a significant difference. that's something that you could and should be proud of. i'm asking congress to pass this supplemental bill for over $300 billion to help the ukrainians so they can keep the very -- all of you very busy for a while here. let me end where i began. i came for a basic reason, to the bottom of my heart to say thank you. thank you, thank you for what you do, thank you for what you continue to do. unless you go out in the field and see it, you don't realize what a difference you're making. god bless you all, may god protect our troops. thank you so much. [applause] >> martha: there you have it in troy, alabama. president biden at the lockheed-martin plant where they built 50,000 javelin missiles

over the course of production there. they have been one of the most effective weapons that we have sent in this war taking out hundreds of russian tanks and really putting a huge dent in russia's capabilities. we've seen what happened when the russians were pushed out of kyiv. that war machine is under a tremendous amount of pressure. now the nation's top general earlier today on capitol hill warned of potentially two theaters that could exist in war in our future. listen to this. >> now facing two global powers, china and russia. each with significant military capabilities. both who intend to fundamentally change the current rules-based order. we are entering a world that is becoming more unstable and the potential for significant international conflict between great powers is increasing, not

decreasing. >> martha: joining me now, john kirby. good to have you with us today. the president also touched on this. he said we're at an inflection point and we have to be in control. there's a lot of discussion about the potential for a two front war, a confrontation with russia, a confrontation with china. are we up to that task? do we have what we need to supply these two areas simultaneously? >> yeah, i think we are. there's no doubt about that. if you look at the work we put into craft a new national defense strategy that looks at china as the pacing challenge, calls russia out for being acute threat that it is and try to align the budget priorities with the strategic priorities with the budget that we submitted to congress and general milley was testifying to today, that is a $773 billion budget that invests in more kinds of capabilities to help us deal with those

particular kinds of threats and challenges. a record number of investment dollars in this budget, higher than the pentagon has asked for. so we know we have work to do, martha. no question. the heads are in the right place at the pentagon and working hard on making sure that we don't have to fight a war with russia or china. it about deterring those conflicts. >> martha: we're seeing different editorials about the need to catch up. we have these reports also that equipment, howitzer like equipment sent to taiwan is now delayed. questions about whether or not it's delayed because of the effort to supply ukraine with the weapons that they need. will they be delayed three years? is that accurate? >> without getting into specifics of timelines here, what i would tell you is we're definitely prioritizing making sure that ukraine can defend

itself. we are well into the 90 howitzers that the president committed to ukraine. almost all of them are in the country right now. we helped taiwan defend itself through the taiwan relations act, which has been supported by both sides of the aisle now for many decades. we're continuing to make sure that we're providing the capabilities to taiwan to defend itself. i don't want to get into shipment schedules for either place. i can assure you that we remain committed to make sure that we're helping taiwan with their self-defense needs across a range of military capabilities. >> martha: that schedule will become important. general milley said it's their goal to seize taiwan by 2027. so if there is a three-year delay, that would bring them to 2025. everybody will be watching that equipment and that promise to help them to defend themselves and potentially two fronts here. i want to play this by prime minister boris johnson and by

the british foreign minister. just to have everyone listen to the language being used now out of the u.k. >> the truth is that we were too slow to grasp what was really happening. we collectively failed to impose the sanctions then that we should have put on vladimir putin. we cannot make the same mistake again. >> we're doubling down. we will keep going further and faster to push russia out of the whole of ukraine. >> martha: with regard to that, hindsight is always 2020. president biden said the sanctions should go place if and when putin innovated. was it the u.s.' position that we were too slow the grasp what was happening? >> we were very careful. we talked about this before february 24. if you pull the trigger on

sanctions before and act is committed, you reduce the deterrent effect. >> martha: they weren't deterred clearly. >> well, mr. putin made a choice here. he had diplomatic options. he had the ability to avoid the sanctions. he chose to go ahead anyway.now the west, the united states in particular is doing everything we can to help ukraine defend themselves. they're doing that. they're working hard every day. as you heard the president say, it's in no small measure due to the assistance of the united states. we look at what we could have done better. that's probably healthy to do. what we need to do right now what we're focused on today, is what the the president was talking about, which is helping them in the donbas, which is a fight that will be reliant on artillery and long range fires and certainly a fight that will find more use to the javelin missile. >> martha: on that point because vladimir putin appears to be looking forward, not backward.

he's looking potentially at annexing the donbas region, luhansk and donetsk. we watched may 9, which is their big anniversary of the end of world war ii. the loss of the nazi forces. victory over the nazi forces. so i guess, the question becomes when i go back to liz truss' statement, she says will go further and faster to puch russia out of the whole of ukraine. is that our pentagon's goal, to push them out of the whole of ukraine? >> as you heard secretary austin say in testimony today, we are going to defer to mr. define what the victory looks like and what he wants. he's been very clear. he wants all of ukraine to be sovereign and whole and free. he gets to decide that. the ukrainian people decide what victory looks like. what we're doing is making sure that he has the tools, the systems, the information and the intelligence to do exactly that.

we're working on it again at record speed. i mean, we already have the bulk of the howitzers in the country from the time the president signed something as approved to transfer to ukrainian, we're getting it into their hands oftentimes just within a few days. so what we're focused on is making sure that they have the tools to defend themselves and to decide for themselves what victory looks like, what a win looks like. that's really for the ukrainians to speak of. >> martha: they have said it means the entire country including donbas and crimea, which already got run over basically in 2014. before i let you go, quick question. these reports that we're seeing about putin undergoing surgery, is our intelligence confirming that? >> i have not seen anything that corroborates those reports. it's a lot of rumors out there about his health. i don't have any specific intelligence or information to corroborate any of that. we're focused right now much more on mr. putin's actions and the decisions that he's making

inside ukraine. the people he's killing, the city's he's destroying. the fighting that he has started and that he needs to end. again, our focus is on helping ukrainians resist that fighting. our focus is on mr. putin's actions. >> martha: we hope that doesn't entail nuclear weapons which we heard a lot about recently. he needs to be stopped before that. thank you very much. john kirby, good to talk to you, sir. >> thank you. >> martha: okay. let's take you live to lviv, ukraine where the mayor said there was a new missile strike. matt finn who was just under an active air raid alert there. hi, matt. >> hi, martha. about two hours ago, shortly before sunset, our crew heard loud blasts from inside the building from where we are. we looked to the horizon and saw thick black smoke billowing across the city. some of the smoke settled in the air behind us. the mayor and governor here said

three electrical power plants were hit. power has been knocked out across the city and water supply is interrupted. one person reported injured. the ukraine national railway reporting six stations hit with severe damage to infrastructure. train stations and utilities have been major targets here. the air raid sirens were going on and off today. this is the third week in a row that there's been missile strikes here in the lviv region killing people. the city of lviv is swelled with an estimated hundreds of thousands of refugees, many of those people escaping the east, now they are subject to missile strikes here in the west. tomorrow morning, hopefully we'll assess the damage from the missile strikes that we just saw a short while ago here in lviv. >> martha: thanks, matt finn.

reporting live. shock and dismay, that's what lindsey graham said to an unprecedented leak from the highest court in the land when they were mid deliberation. >> i trust the chief justice to clean his own house up. if he need help from congress, we'll be glad to help. >> martha: lynn fitch is at the heart of this supreme court case. her state's ban on abortion after 15 weeks. what she thinks about what has happened now in our exclusive interview coming up. veteran homeowners, this is the best time in history to turn your home equity into cash. because home values have climbed to all time highs. and so has your equity. turn it into cash now. the newday 100 va cash out loan lets you borrow up to 100% of your home's value. you could take out more than $60,000. use it to improve your home. pay off high rate debt.

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within or above your range. it cheers you on and provides guidance. connected to your health and your phone. visit onetouch.com today. riders! let your queries be known. uh, how come we don't call ourselves bikers anymore? i mean, "riders" is cool, but "bikers"...is really cool. -seriously? -denied. can we go back to meeting at the rec center? the commute here is brutal. denied. how do we feel about getting a quote to see if we can save with america's number one motorcycle insurer? should flo stop asking the same question every time? -approved! -[ altered voice ] denied! [ normal voice ] whoa. >> martha: a leak from inside the supreme court's inner sanctum sparking outrage from both parties but for different reasons. watch. >> the integrity and independence of the supreme court is once again under attack. >> the decision would be an

abomination, one of the worst ever in modern history. >> martha: shannon bream is live in washington. she's of course the anchor of "fox news at night" and author of "mothers and daughters of the bible speak." shannon, good to have you. lots to cover with the supreme court. >> there is. now that the court has confirmed that this drafted that was circulated is the real deal, we have a lot of questions. how much has changed since then. has the opinion changed. when will we get it? plenty of legal ramifications and political ones as well. gop senator susan collins famously went to the senate floor during the explosive kavanaugh confirmation hearing to say that she was a yes vote. she's now reacting to what may be his vote. we'll see to overturn roe. here's what she said. she said if the leak draft opinion is a final decision and

this reporting is accurate, it would be inconsistent with justice gorsuch and kavanaugh said in their meetings in our office. i couldn't get to what they said. we know publicly what they said. all of the trump nominees were pressed on issue of roe and precedent. they have deep respect for the court but i don't remember them saying publicly that there was no possible scenario under which that they would consider overturning roe. the president said he directed his gender policy counsel to prepare for any possible outcomes in this case in response to what he calls a coordinated attack on abortion. here's senator patrick leahy talking about doing away with the filibuster. >> you think the senate should do away with the filibuster? >> of course. i said that before. >> senator markey is returning to a position he had.

he said it's time to pack the court. as that plays out, we watched and wait to see what the ultimate opinion is from the court. until it's signed off with names and votes and issued by the court, we have no idea what this opinion will say, martha. >> that's right. this draft was written in february. they're expected to release the final opinion in the end of june, beginning of july. we know you'll be watching it for us. thanks, shannon. >> martha: thanks. so with that, let's bring in allie best stuckey, author of "you're not enough." and jamu green, a fox news contributor. good to have you with us today. i want a couple of numbers up here a couple of polls. this is a fox poll. we're going to have new numbers coming out later this evening. numbers who want to let roe v. wade stand. when that's the way the question

is asks, 61% say let it stand, 31%. when asked that way, do you want abortion to be legal, 52, illegal 47. and there you see what we have more typically seen, which is a pretty close divide in the country of people that think it should be legal and people that think it should be illegal. so this really so radical if the court decides that they want to just -- what they would be deciding, it's not a federal jurisdiction. it's something that should be decided by each state and the voters in that state. >> martha, it's more than radical. it's dangerous, it's unprecedented. i think we have to start this conversation by recognizing that abortion access in this country has provided women the opportunity to pursue their education, to decide to have a family when they can be the best

parent and the supreme court is on the wrong side of not just history but the american people. there's a gallup poll that shows 80% of americans want abortion to be legal. >> martha: it comes down to the way the question have asked. what trimester you think it's okay in? we see majorities that believe that anything past the first trimester, they're not so much in favor of. allie, let's bring you in here. where do you think the american people are on this issue and do they think that this will actually restrict a woman's right to find and have an abortion where in many states it will still be legal? >> i think there's a big misunderstanding on what overturning roe would do. a lot of people unfortunately have adopted the misconception that this will abolish abortion across the board. 29% of people actually believe that abortion should be legal in all cases. so the vast majority of

americans believe there should be some restrictions on aborgs. as far as radical, let's talk about what abortion actually is. you're talking about killing a human being. if you want to talk about dangerous, i don't think restricting the killing of a human being should be described in that term. the brutal killing of unborn children should be described as radical and dangerous. the court is not just on the right side of moral history but constitutionality as well. >> you're shaking your head. this is a very hot button issue. one of the things that i'm struck by when i go through these numbers this afternoon, it's not so clear cut to say that most americans believe that this is right, that it should be sustained. the question that the court has taken up is not whether or not -- they're not banning abortion. they're saying this should never have been decided at the court level because it is something -- you say most people want this right.

well that is an argument in and of itself. most people should have the right to vote to decide to elect officials that agree with them. isn't that the proper venue for this in the state legislatures? >> well, i certainly think that we're going to see a lot more activity in the state legislatures around this. we're already at a place, martha, where 26 states once this ruling comes down, 26 states are poised to ban abortion outright. >> martha: that's their prerogative based on the -- >> and senator schumer made clear today there are hundred million woman that are about to lose access to make a healthcare decision for themselves. in a country that has the highest maternal mortality rate. in a country that doesn't have universal child care. in a country that has inaccessible healthcare, the government wants to force women to have babies. this is --

>> martha: a lot of people can tell you the number of babies that have been eliminated in the last 50 years. i'm allie knows what that number is. that is the other side of this story to be fair. >> of course. when you get down to it again, what abortion is, it's not healthcare. when is healthcare ever been described as something that is a procedure where one person always dies in abortion is the intentional killing of an innocent human being no matter how you want to look at it. this is not forced birth. this is a government doing the bare minimum, protecting the right of a human being not to be murdered. we can talk about different policies. i'll all for making sure that we create a culture of life that is most of the pro life work making sure that women and children and fathers are all taken care of. the lack of resources, the potential lack of resources for women after they give birth does not justify legally killing

their children before birth. >> there's no justification for forcing a woman to give birth. there's nothing to be said about the blatant lying that we saw justices kavanaugh and gorsuch -- >> it's wrong to killed a child. that's what it is. >> women will turn out in november to right this wrong. >> martha: there's no doubt this will be a huge political issue. i would just point out again -- there's fund-raising happening on it across the board. people trying to get donations based on this. what we will see is that if this decision stands is that each state and each legislature and the voters in those states will have the right to vote however they see fit on this issue across the country. thanks very much, ladies, for being here today. giving your opinions. thanks both. so the case in mississippi at the center of this now leaked

decision on roe v. wade, a huge seminole moment in the country for a hot button issue that has been on people's minds since 1973 when roe v. wade was passed. the state attorney general, lynn fitch joins me exclusively when "the story" continues. >> so abortion policies have been frozen since 1973. it's time that our laws caught up. we're definitely making a change in our society.

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>> we're asking the court to overturn roe v. wade. it's been nearly 50 years. the reality is, this is a rule of law question. it's time to return it to the states. abortion policy making should rest with the elected legislators and elected governors to make those decisions on behalf of the people. that's what the they're elected to do. that's the will of the people. >> mississippi's attorney general here on "the story" the day before her state defended its 15-week abortion ban at the supreme court. the case triggering a stunning draft of an opinion that would topple roe v. wade as the law of

the land. the court confirms the document is real, but it's not the final opinion. it was written in february. and it's expected to come out at the end of june. politco reporting "received a copy of the draft opinion from a person familiar with the court's proceedings in this case along with other details supporting the authenticity of the document." with that, we bring in mississippi's attorney general that brought this case. good to see you, attorney general. what was your personal reaction? this is -- you have worked so long and hard on this. when you learned -- i assume you earned last night when the rest of us did, that this alito opinion had been leaked. >> great to see you, too, martha. thanks for having me on. yes, i learned last night as did my team. this is appalling, appalling that an institution like the united states supreme court that there's a breach of truth that

happens. certainly we're mindful of the justices, mindful of the opinion that will come down in the final form. we'll be anticipating and waiting be for the final opinion. it's an egregious act. someone that is in a trusted capacity to walk out of the united states supreme court with a precedence opinion like this. >> martha: you think that there's been some discussion that perhaps justice roberts wanted a narrow opinion, that he wanted to rule on the case in mississippi and whether or not the 15-week ban was constitutional? you think there was anyway that this way this ends up going? >> i think we'll allow the court to speak to this. remember, as soon as the argument occurred on december 1, fear discussions began. so they tried to bully our

court, they bullied the chief justice. they have gone after the echo chamber of let's pack the court or let's criminalize women that get abortions. so this is another push on the fear component. they're pushing hard. it's a retread of the same argument that they made over and over again. >> martha: so based on what you see in your own state legislature and similar state legislatures because we hear a lot of people saying this means the end of abortion in america. is that the case? you're -- your legislature passed a 15-week ban meaning after 15 weeks of pregnancy, which is deep -- after four months basically, there would be a ban. you couldn't select an abortion after that time. you think that is what the will hold in mississippi or will mississippi voters and the legislature go further and ban it all together? >> they possibly could. the whole nexus of our argument

was a rule of law question. this would always be returned to the states. every state should make a decision on how they would like to handle their abortion policy making issue. it's a rule of law question. they can each decide on their legislators if they're not happy with them, they can remove them by the ballot box. we know that will be different in every state. some states will codify abortion. some will have stricter regulations. that will be an issue. that is democracy at work. we anticipate that will happen in each state. again, our argument as well as the rule of law was always about the mission of empowering women and promoting life. >> martha: the case in mississippi is dobbs versus jackson women's health. it is whether or not it will uphold a ban after 15 weeks of pregnancy. lynn fitch, attorney general in mississippi. thanks very much, lynn. good to see you. >> good to see you, too.

>> martha: okay. a lot went on today. you know what else? it's election day, a key test of former president trump's power in the mid-term elections is getting decided right now in ohio where people are going to the ballots and placing their votes. there's one lone person in that spot. there's another one. let's go to mark meredith that is covering this for us in cincinnati. hi, mark. >> hi, martha. good afternoon from a rainy cincinnati. bad weather may have an impact on the turnout that you just showed all across the ohio valley. the people that do go to the polls today will have plenty of candidates to choose from. there's seven candidates running to be the republican senate nominee. right now we're looking to see if the results will match up with the polls were showing, which is that j.d. vance was leading. for the longest time, vance was struggling in the polls, falling behind josh mandel.

in mid april, former president trump offered up an endorsement. that seemed to give vance the lead that he had looking for. changed the race overnight. mandel is still running as a pro donald trump candidate. he still in the race. voters have said that they questioned vance's credentials. we caught up with him today as he cast his ballot in cincinnati. he said he's confident the polls will prove accurate. >> i feel good. look, we're in a good place. we have to get the voters to turn out. look, i think we're going to win and going to win by a big margin. >> state senator matt dolan is a more traditional conservative is reportedly seeing a late surge of report. he greeted voters as the polls

opened up. >> and people pay attention to this race and there's seven of us to choose from, there's one candidate, me, that has been talking about ohio, going to washington and fight for ohioans. that's why momentum is great. >> when it comes to a primary, it's about turnout. turnout in primary voting is low. they were surprised how few people had voted early on. i mentioned the weather. it's not been very busy here. >> martha: thanks, mark. let's bring in josh. great to see you here. this is fascinating to watch. you had this endorsement by president trump for j.d. vance and he came up the left lane in this horse race and moved in to first place. there's a lot of people out

there. you can win with a smaller percentage of the overall vote, right? >> it's a close race. primary polls are famously off. so any of the top three candidates i think have a real chance of winning. as you noted, martha, this is the first big test of a trump endorsement in a republican primary. j.d. vance was trailing. he moved in to first place. there was a question if that is a short term sugar high and whether that can last up to election day. the interesting candidate is matt dolan, the state senator, the only republican that didn't embrace trump as aggressively as the other leading four candidates. he's been gaining momentum. he may be coming up the right side of that race track and making it a photo finish tonight. >> listening to pete hegseth at a diner in cincinnati this morning. listening to the people in there oh, i'm with vance all the way

because i like the trump boost. i'll vote for whoever tells me to vote for. other people, i've been with josh mandel the whole team. mentioning a few other candidates as well. were you surprised? what do you think about the former presidented choice to even get in this race? it's early. you put your name on the line. it's interesting in georgia as well when you don't necessarily have to in his position. >> yeah, martha. it's a big gamble by president trump. he's putting all of his chips on the table and could win big if he propels vance into the lead, into the domination. a lot of reputational risk a that if he doesn't win in ohio, if vance doesn't come out on top, he has bigger challenges with endorsements in the next few weeks. so getting a vance win would be big for donald trump. but if he loses in ohio, he may have other loses with other

candidates that he really likes. his track record may look spotty after the month of may. >> martha: i would expect he's throwing his name behind several people out there. so if he wins more than he loses, that's his story, right? look, overall we're winning. the people that took his endorsement and won will be the big stars. >> yeah, dr. oz, keeping a close eye on the ohio results. he also was endorsed by president trump in pennsylvania in the senate race. he got a boost at first but is now still tied, not getting as much momentum as he anticipated. this is going to be a big night to show if trump can capitalize. >> and donald trump jr. has played a big role in this ohio race as well. he's been out there campaigning with j.d. vance. going to be interesting to see what happens. josh, as always, great to see you.

thank you. >> thank you, martha. >> martha: so that's "the story" for this tuesday on a very big tuesday with this leak at the supreme court and the ohio gop senate primary to watch for the results tonight. we'll be watching that closely throughout the evening. "the story" goes on tomorrow. we'll see you back here then. have a great day. thanks for being with us. see you tomorrow. >> neil: you know, at this point, a lot of people don't know which is worse, learning that the supreme court could strike down roe v. wade in a draft opinion, and then the issue of the leaker, who is behind getting it out there. so far no signs that democrats are minding this. republicans are very concerned about how this could happen yet again because this is a pattern, my friends. welcome, everybody. i'm neil cavuto. this is "your world." crowds still gathering outside the u.s