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tv   The Story With Martha Mac Callum  FOX News  June 24, 2022 12:00pm-1:00pm PDT

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but also to the other point, a lot of people don't have the money to go elsewhere. >> sandra: we just went up at the end of two hours. it's the end. >> brian: great to be here, appreciate it. >> sandra: a lot going on. trace, great to have you here today. >> trace: a busy day. back to the states. that's the thing. the states control this. >> sandra: sandra smith here in >> martha: thanks very much, guys. good afternoon. i'm martha maccallum. no matter which side you're on, today would not have been possible without these three justices. gorsuch, kavanaugh and coney barrett who with this and other school decisions on school choice and guns have clearly put their stamp of originalism being true to the original intention
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of the constitution all over this current supreme court. all three were nominated by president trump who promised that he would bring in conservative jurists. but at that point, the president could never have known that in one term he would have the opportunity to change the face of that court so dramatically. marc thiessen wrote this today. whatever else history says about trump, he secured his place as the most consequential president when it comes to the supreme court. today in reaction to this enormous seat change decision, nancy pelosi slamming the justices as "right wing politicians" a label that jonathan turley took deep offense too. >> a woman's fundamental health decisions are her own to make with consultation with her doctor, her faith, her family. not some right-wing politicians
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that donald trump and mitch mcconnell packed the court with. >> with that, we bring in ari fleischer, civil rights attorney and leo terrell and democratic strategist, jessica tarlov. let's start with the headline question. ari, you think you would see this day and what is your reaction? >> for 50 years, conservatives and the pro life community had to live with a ruling that she disagreed with. now the shoe is on the other foot. that's the way our system works. the system does work. these things happen because of the sovereignty of the people. the people elected the president and the president made the appointments. and nancy pelosi says if you don't like it, turn out in november. let them try, this is the way our system works. it's the proper rule, it's an accurate ruling and the right
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ruling. it should be left up to the people of the states. our system had a good day today. it all works. >> martha: jessica, when i listen to the people in the crowd there and when i listen to other people that reacted to this since the leak of this document, you hear a lot of people say i can't believe the justices just wake up one morning and decide to overturn roe v. wade, which has been the law of the land for 50 years. that's not how it works. a case came before the court. it was a mississippi ban on an abortion 15 weeks in a pregnancy. the justices that make up the court said there was never intrinsically in the constitution a right to give this right in the first place. we need to send this back to the states where people are closer to the decision-making process and they can vote for what kind of environment that they want to be in in their own state. what is your reaction to that,
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jessica? >> my reaction is that the system may have worked in so far is they're allowed to do this, but they're ignoring the fact that this is a terrible precedent for what is to come. alito made it clear that didn't think this it would expand to contraception and same sex marriage. but thomas said he thought they should be reevaluated. when justices kavanaugh and gorsuch lied to the senators that they met with -- >> martha: that's not true. >> they said it was settled precedence. >> martha: no, no, it's not true. it's an inaccurate reading of what they said. i can't let that go. i'm going to let you finish. >> let me finish thing. >> martha: we'll pick it apart in a second. finish your thought and we'll go on. >> i appreciate that. these justices left that these states have trigger laws. women who were in some cases
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raped or have a baby as a product of insist cannot get reproductive healthcare. where it goes to personhood bills may effect whether you can have ibf treatment. now who says that embryos in a frozen locker are people, too. it will affect women of color and telling people suck it up, if you don't like it, cross state lines, that's an undue burden on people that should make these choices. this is not about women that go out and have a one night stand and say i'll have an abortion to take care of it. what about ectopic pregnancies? if you don't have an abortion with an ectopic pregnancy, you can die from it. in a number of conservative states, these justices say they don't care if those women die. >> martha: okay. those are all examples that are all over the board.
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i want to point out one thing. saying as a judge during a hearing that you accept, which is the word that they used, that there's a seteled law based on roe v. wade is not the same as saying how you would decide on that law if a new case were to come before you. whether we're talking about liberally appointed justices or conservatively appointed justices across the board when we watch these hearings, they refrain for saying how they would determine a case when they're on the court. you can say i accept that that is settled law. look at plessi versus ferguson that was overturned by brown versus the board of education. that's what those individuals said. they said i accept it's settled law. they didn't say how they would determine if they were
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confronted with a new case. long-winded but important. leo, go ahead. you're reaction to that. >> first of all, you're absolutely right. and plessi versus ferguson -- 30 years of teaching law everything that jessica said is wrong. and plessi versus ferguson, 1896, brown versus board of education, 16 years they got it right. for you to inject the race card, 20 million black babies aboreded since 1973. let me just focus on the law. that's what i know. these justices looked at the constitution and said we don't see anything about abortion. the 14th amendment was created after the civil rights. it was about racial equality, period. end of story. i'll challenge jessica to find any section where there's any legislative constitutional history supporting abortion. what these five justices did, martha and fox viewers, they
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interpreted the constitution and refused to make a political compromise. they followed the law. you may not like the law, but we are a nation of laws. that's what they did. what they basically said was if you don't like the ruling, you go to the states. the 50 states are the 50 laboratories of a federal system. that's exactly what it is. for you to make reference for the inability of people to travel, this is not 1950. interstate travel is legal for every american in this country. that's the law. that is the absolute law. and also, in the citing by alito, he listed numerous cases, numerous cases where the supreme court made a correction in an early decision. final point, martha. to accuse these justices of lying when you have susan collins, pelosi and these individuals trying to make political points, trying to do fund-raising, is insulting to
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the americans' intelligence. president trump got it right. he got three justices that interpreted the constitution. thank you for allowing me to say that, martha. >> martha: absolutely. with regard to the politicalization of this, it happened within minutes, this is chuck todd earlier. here's what he said. we heard nancy pelosi saying these were conservative political activists, jurists. here's what chuck todd said earlier today. >> i think the supreme court is -- i think there's no more black remembers. the remembers are red and blue. this is the -- we've been watching this happen particularly in an aggressive way the last 15 years. >> martha: ari what do you think? >> every time somebody does something conservative, the media says it's not based on facts or truth or analysis or history or law. when a democrat does the same thing, didn't hear chuck todd
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criticizing the liberals on the court, this is what is wrong with the press. this is their hypocrisy. and one thing i want to touch on what jessica say. if any legislature is foolish enough to want to ban contraception, let them try. they will all get voted out of office. this is not the 1920s or 1930s. but the principal point is, the people and legislatures have the right to make these decisions. the constitution and the declaration grant us the right to life, liberty and the pursuit of happiness. a lot of it is left of the legislatures. if they want to ban contraception, which is the fear on the left, not a single one would do it because the american people would rise against them. it is the prerogative of legislatures to make these decisions under our system. that's how it should work. >> martha: jessica, i'll let you respond to that. >> i know how the system works. i believe not a constitutional lawyer but i'm well-read about
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it. the point i was making, the justices did what they could do, but the implications of what they have done are so dire for millions of women across this country. i would like to see if these conservative legislatures that ari is speaking about will suddenly grant maternity leave for everybody if they're going to be helping mothers that will now be taking care of babies that they didn't want. for every man takes part in conceiving a child, suddenly he's on the hook for child support. we will have universal pre-k everywhere. this is what it looks like out there in the real world. >> i can't believe you're using this quality time to push a democratic agenda. go ahead. i'll be quiet. go ahead. keep talking. it's ridiculous. >> it's not ridiculous. i am a democrat but most of all i'm a woman that just went through a pregnancy. were you pregnant? >> martha: no, no, finish your
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thought. the fact of the matter is -- let me point out some facts here. more than -- people have different takes on this form of birth control and -- of abortion. that is just that more than half in some estimated close to 2/3s of the abortions across this country are done by pill that comes in the mail. that people can get it across state lines and it is affordable and there's no doubt in my mind that one of planned parenthood's avenues is to make sure that anybody in any state can get their hands on these two pills. end of pregnancy are very available. the other thing i'd say is because of technology and because of contraception, the number of abortions in this country the past 20 years or so has declined by 20%. i don't know what happened, jessica. and i'm going to ask you to respond to this. what happened to the democrat
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line of thinking that abortions should be safe and legal and rare? thank goodness it has become more rare. what i'm seeing today are young women standing in the streets saying that they are proud of their abortions and that they will aid and abet other people's abortions. this is a turn in this conversation that i find -- i do find disturbing. you know, it -- we're a long way from wanting -- from the universal failing that it should be as rare as possible. >> i'm not an activist standing streaming in the streets about having an abortion. i haven't had one. if i had one, i wouldn't hide from people but want to use it as a piece of a conversation about how important having access to reproductive care for women. and abortions is a reason that roe v. wade should stay in place. there was a spike in the late
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80s and 90s and it's been declining since then. what will happen now that the justices have made this decision is that there will be a spike again. they will be unsafe abortions. they will be back-alley abortions -- >> doesn't seem like there's a need for that. there's transportation, places where you can get an abortion if you -- >> if you work at amazon they'll pay for it for you? how many women work two jobs and support a family already and get pregnant and you tell them, just hop on the highway, no big deal. what about the money for that? what about the -- >> i did not say that. >> martha: he has something else to say. go ahead, leo. >> thank you. i did not say what you said. those are classic democratic talking points. if you scan these left wing programs, you know what they're saying? how this is about roe v. wade. they expand it to everything on the democratic platform. they're talking about this affecting interracial marriages,
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a total disconnect. the 14th amendment, equal protection protects that. that's not stopping them from representing the truth about the limitation of this ruling. you have maxine waters and people arguing violence. maxine just said a few minutes ago, ignore what they said. that is a total disregard to our branches of government, the supreme court. >> martha: everyone benefits for having an understanding of why and how this decision was made. it's about whether or not the original decision was actually constitutional. it is separate from the other broader interpretation that a lot of people want to ascribe to it. we're going to continue to go through this throughout the course of today. great group. ari fleischer, thanks so much. great to have you with us. we haven't seen you in awhile. thrilled to have you back. leo and jessica, see you at 5:00. so "the story" investigates this group called jane's revenge.
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who are these people? who are promising a night of rage in the streets who supports them, who finances them? where did they come from? we have investigated this and we'll be right back. >> turned back a right we've had over 50 years. and now it's time to do everything we can to make sure that we have a pro choice that you'rety in the house and senate. we shouldn't have to rely on five justices that don't acknowledge the rights that we have in the constitution. the c. like the shot they take. the memories they create. or the spin they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, you can achieve clearer skin. don't use if you're allergic to otezla. otezla can cause serious allergic reactions. it may cause severe diarrhea, nausea, or vomiting.
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>> martha: jane's revenge, a purported online collective is calling for a night of rage because of the decision that
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came today in reaction to the supreme court's overturning of roe versus wade. a website tied to the group claims credit for a string of recent attacks including arson on this pro life facility in wisconsin. you can see the damage that was done to these various places with red paint splattered and the vandalism. here you're seeing it's on a faith-based pregnancy center in north carolina two weeks ago. the executive director of that center joins us in knowments with her reaction and how it felt to come to work that morning and see what had happened to the place where she works and helps women. first, david lee miller with the back story on jane's revenge. high, david lee. >> jane's revenge, that's the name of a group as you point out possibly a loose collective of groups that has vandalized offices associated with pro life organizations and individuals and now threatening violence. an internet post signed by the
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group says its comprised of various cells. the monicker is of jane's collective, a group that helped women obtain illegal abortions. and they say "dc call to action, night of rage. hit the streets. if abortions are not saved, you're not." and the offices of the anti-abortion organization wisconsin family action was fire bombed. a statement to an online journalist from jane's revenge took responsibility for the attack. since then, there's been similar incidents targeted pro life associations. most of the time they're anonymous. in such instances like minneapolis, baltimore, graffiti was seen at the site. and from janes revenge, we have
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demonstrated how easy and fun it is to attack. we reached out to the fbi. we told the agency does not have a comment about a specific group but according again is investigating a series of attacks and targeting pregnancy, resource centers and faith-based organizations a chronning the country. and jane's revenge said dance from future actions might not be so easily cleaned up such as fire and graffiti. martha? >> martha: we know for the president called for demonstrations to be peaceful. we agree with that. most americans agree with that. we hope that that's what we see. no doubt there's people that are very nervous that work in these facilities in the days and weeks to come. david lee, thank you. good to have you with us. christy brown is executive director of the mountain area pregnancy center in asheville, north carolina. the jane's revenge website is claiming responsibility for vandalism at her facility. thank you very much, christy,
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for being with us today. explain to us what happened at your facility and what you do there. what service you provide. >> thank you for having us on. we were contacted by our local police the morning of tuesday, june 7 to say our building had been vandalized. we rushed here to find the pictures that you have on screen, which is the red paint, the broken glass, the threats. fortunately the inside of our building was mostly spared. we were able to continue our services which include services to women and families going through an unplanned pregnancy or loss of a baby. >> martha: so this is what strikes me when i think about these places like the service that you provide. people who are pro choice should be in favor of the ability to choose, right? so you are providing women who choose to have their babies a place to go and provide them
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support, correct? are you trying to persuade people to choose life? >> we desire that they choose life. but our primary goal is to educate them. when women call us needing services, they are panicked many times. they just need help. they're pregnant hand don't want to be. part of them making a decision is they need to be educated on the consequences of their three choices, which you can carry, adopt and go through with abortion. our goal is to educate them and give them the truth and the facts so they can make an educated decision. we work with women that go through abortions. we see the devastation that it causes. we never want to see a woman go through that. >> martha: you know, give us a sense of the people that you work with and what you have learned over the years from working with them. >> we work with people from all walks of life. obviously we're mostly working
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with women of child bearing age. they call us and in tears when they call. they come in here and they start sharing their life story and how they get pregnant and what is going on in their world. the story will break your heart. many times they don't know where to turn for help. they don't know where to turn for a listening ear. that is why pregnancy centers are so incredible because we spend time with them and we listen and we care. we don't judge them for any decision that they have made. but the fact that we are being targeted and we're just trying to give them unconditional love is absolutely crazy. >> martha: are you getting security from your town, the police going to spend more time in front of your place in the coming days? >> yes. we have been working with the authorities honestly at all levels of government since the attack. we feel good about our connections with authorities. we have been working for weeks on increased protection here at
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our facility. we have security in place when the attack occurred. we're looking at additional steps to our current system. >> martha: if you're in favor of choice, you have to be in favor of choice. allowing people to decide to choose up to give up their baby for adoption or to have the baby and deserve the same kind of peace and security and safety for those that make the sure if that choice is legal in their state and there's places for them to make that choice as well. christy brown, thank you. good to have you here today. thanks for the work you do. >> thank you. >> martha: so the response from ron desantis on scotus' ruling is straight ahead. and ken paxton just a made today a holiday in his state in honor of "unborn babies killed in the womb." we'll talk to the attorney general of texas about the changes coming there next.
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>> martha: now that the supreme court has overturned roe v. wade, virginia governor glenn youngkin says he will try to ban most abortions after 15 weeks. that is what was at issue with this mississippi law. mississippi wanted a 15-week ban. after that it's illegal. before that, it's legal. glenn youngkin is looking to do the same thing in virginia. he tells "the washington post"
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that he represents all virginia and may have to settle for a 20-week ban in his state. he's asking for anti-abortion state lawmakers to come up with a bill. florida governor ron desantis says will work to expand pro life protections and stand for life by promoting adoption, foster care and child welfare. we bring in ken paxton. he said an abortion is right now illegal in his state. welcome. good to have you with us. so explain to everybody who you mean by that. what is the current law in texas with regard to where a ban falls in texas and what has changed as a result of today. >> yes, the legislature this past session passed a law that protected life from inception.
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so once the supreme court decision comes down, there has to be a hearing, an opportunity to have a rehearing if somebody asks for one. in the next two months in texas, the law will be -- in any stage. >> martha: so we've heard today a number of companies that are looking to provide an option for people who are in a state like yours where there is going to be, as you said, no option. these are the companies that say they will reimburse employees for travel for an abortion or for other treatments. it includes amazon, uber, netflix, alaska airlines. there's been a number of firms in new york that guaranteed the same kind of coverage, insurance coverage as part of their health plan. what is your reaction to that? do you support that on the part of independent companies? >> yes. the supreme court went back to
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what they should. [ audio difficulties ] so if california wants to have complete abortion, they can do it. gaens are -- companies are free to make their own decisions. >> martha: i'm sorry your audio is breaking up. but thanks for coming here today. thank you. moments ago, we've been keeping an eye on the first comments on this from vice president kamala harris to the supreme court's ruling overturning roe v. wade. here's what she had to say. >> this is a healthcare crisis. understand millions of women in
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america will go to bed tonight without access to the healthcare and reproductive care that they had this morning. without access to the same healthcare or reproductive healthcare that their mothers and grandmothers had for 50 years. >> martha: that from kamala harris, the vice president just a short time ago. another scotus ruling that has come out this week, been a big week for the supreme court, delivered a big win for school choice advocates. we don't want this one to get lost in the shuffle here. it's a very significant decision. we'll talk to the former education secretary, betsy devos next. >> we're fighting for school choice. really is a civil rights of all time in this country. frankly school choice is the civil rights statement of the
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>> martha: so another major supreme court decision this week was a victory for school choice. the justices ruling that the state of maine cannot exclude religious schools from a program that helps families pay for private education, which they were trying to do there. joining me now, betsy devos, former education secretary under president trump and author of the new book this week, "hostages no more" a great read. highly recommend it. betsy, thanks for being here. let's jump in. what does this maine decision mean to schools across the country and what did justice roberts say about why they ruled this way? >> this is a huge victory for parents, schools and students.
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it does strike another huge blow at the bigoted lane amendments that have been the excuse in many states for not permitting education freedom for families. so this is going to reaffirm the drive toward freeing families to find their education fit including private religious schools if that is what the families choose. the justices were clear that in their step to restating and reasserting that there may not be religious animum. it's not an issue that sends up the church state separation flag because families are making this decision. >> martha: and what they ruled is that you can't forbid someone to go to a religious school if that's their choice and they're
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entitled to the money that they are designated as a child in that public school system. they should be free to use it in the way that they want to. there's a lot obviously going on in this arena. truth about something that you wrote about with regard to senator booker. because i know that in the past he was a very strong proponent of charter schools. at one point you worked together on some of these initiatives or on the same side of these initiatives. what changed in that relationship between him and charter school expansion? >> well, sadly in his goal to run for president, he had to comport with the school union and status quo and all of their allies demands that he really be opposed to anything that freed families to make these choices. it was really a disappointment, a huge disappointment. especially for me personally and especially thinking of all of
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the students whose lives are impacted by his reversal. i'm hopeful that he's eventually going to come around to this principaled stand that he held for many years ago. >> martha: i remember years ago hearing him speak in newark, new jersey about the benefits of charter schools. there's thousands of kids on waiting lists in new jersey who want -- whose families and parents want them to have access to these very good schools. there's now this push against expanding these schools to provide spots for all of these kids. i would love to have senator booker come on and talk about why the change of heart on this, especially at this point. so fran, we covered this story when they had a big changeover in their school board in san francisco. they put -- took a number of people out and put in some people that lean more conservative on to that board. and since then, you have this
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san francisco elite high school that has returned to merit-based admissions and you also have a mural of george washington that now they are going to keep up on those walls. that was really driven by the parents in the community, wasn't it? >> absolutely. i think a very clear message was sent to the system in san francisco that parents want to be heard. and this school that was formerly and now again based on merit admissions is a good signal. it's a signal that we should be sending across the country and that is a pursuit of excellence and a pursuit of achievement and merit. and i think that is a -- bodes well for the future of opportunity in san francisco. but it's good to see that parents have spoken and their voices have been heard there. >> martha: we've seen the same thing in new york with a gifted program. there's a push against anything that sort of allows kids that have worked really hard and have
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achieved a lot to be recognized for that and to have that be an entry point in to some of these places where they can really get promoted even more in what they're able to achieve. betsy, thanks very much. betsy devos, "hostages no more" is the book out this week. it's her first book. a good read. thanks. >> thank you. >> martha: so more with the former education secretary betsy devos on the latest episode of the untold story podcast. it's available for download. we had an interesting conversation, this school choice decision with regard to maine came down in the middle of our conversation. so i got her first-hand take on reaction to that. it digs to what she talked about in the book. you'll find it interesting. the podcast drops today. or dropped yesterday, actually. this is the question that has been talked about a lot today with regard to senator susan collins who cast the key vote to
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confirm brett kavanaugh on the supreme court. and there's a lot of discussion about precedent. i can share with you what her office is now saying about some of the reaction that they think -- that is inaccurate with regard to how she's being portrayed in this today. we'll talk about that next. >> to my knowledge, just kavanaugh is the first supreme court nominee to express the view that precedent is not merely a practice and tradition, but rooted in article 3 of our constitution itself. re i came to this country. i got some of my gold before you passed the bread. encourage one another... i can buy gold for this?! you can buy gold for this. and talk about life's wins and misses. responsibly sourced like my gold but not responsibly cooked.
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ohhh, she's so powerful, she carried on the family legacy. we were blown away. (chuckles) i not only was a student and an undergrad, but i've been a professor there for twenty years, so it's really a special moment to know that i had a family member who over a hundred years prior have walk these grounds. it's deeply uplifting. yes, it is. we're walking in their footsteps.
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psoriasis really messes with you. try. hope. fail. no one should suffer like that. i started cosentyx®. five years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting get checked for tuberculosis. an increased risk of infection, some serious and a lowered ability to fight them may occur. tell your doctor about an infection or symptoms or if you had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reaction may occur. best move i've ever made. ask your dermatologist about cosentyx®. >> said that it settled as a precedent of the supreme court entitled the respect under principals of stare decisis. one of the important things to keep in mind and roe v. wade it
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that it has been reaffirmed many times over the past 45 years, as you know. most prominently, most importantly, reaffirmed in planparenthood versus casey in 1992. >> martha: brett kavanaugh at his confirmation hearing four years ago. he said that precedent is important but i listen to all arguments. after hearing the arguments in this particular case, which is new, and was not before him on that day or prior to that day, he did decide that he would side with the opinion of justice alito that overturned roe v. wade, which had been in place for 50 years. i wound point out plessi versus ferguson was in place before it was overturned. let's go to aishah hasnie who has the back story here.
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>> one of the biggest critics of justice kavanaugh has been senator susan collins of maine. apparently she or at least her staff have been watching your show, because they have just now responded and sent a statement to your show about some claims or at least some criticism, claims that she doesn't understand what precedent means. we'll get to that in a second. first, lay out what has been happening today. susan collins came out today and blamed justices kavanaugh and gorsuch for what she says will throw this country into chaos. here's the original statement from today. she writes this ill considered action will further divide the country at a moment when more than ever, we need the court to show consistency and restrained. it's a sudden and radical jolt to the country that will lead to political chaos, anger and a further loss of confidence in our government. now collins is also accusing
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justice kavanaugh of going back on his word in a meeting that happened nearly four years ago back in 2018. collins claims then judge kavanaugh told her he saw roe v. wade as settled law. but today kavanaugh said that roe v. wade was the wrong decision. collins' office just sent a statement to your show, martha, to respond to those claims. they say this. "we never said you can't overturn precedent. of course we know that. that's one. and they say and of course kavanaugh did not promise to uphold roe v. wade. we never said that he did. never would have asked any nominee to do so." so there is the reaction in response now from susan collins' office. meantime collins write that she and senator lisa murkowski have
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introduced a senate bill to codify roe v. wade, this is important. their bill is very different from what the house passed earlier. it's different because apparently the house bill was too expansive for collins and murkowski and senator joe manchin. we have yet to hear from senator murkowski from alaska. we have not seen anything on her twitter account yet. i reached out for a statement. she's facing a very tough re-election in alaska. she just voted for gun reform. so this could also be dicey for her. >> martha: we remember that murkowski and collins were sort of the final two decision makers when it came to the kavanaugh nomination approval. murkowski did not support and collins did support. she gave a very impassioned speech on the floor of the senate to support him. thanks, aishah. let's bring in mike davis, the
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former law clerk for neil gorsuch. president of the article 3 project. mike, good to have you with us today. >> thank you. >> it is very clear and i know it's very clear to susan collins as well, she's a very smart woman a smart senator, she understands what precedent is. but i think a lot of people in the country misinterpret when they hear someone say that something is settled law. here's some examples of those moments from the nomination process for now justice gorsuch, justice coney-barrett and just tis kavanaugh. watch. >> i would tell you that roe versus wade decided in 1973 is a precedent of the united states supreme court. it has been reaffirmed. >> it's settled as a precedent of the supreme court and entitled precedent. >> roe is not a super precedent. calls for the overruling have
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not creased but it doesn't mean it should be overruled. it doesn't fall on a small handful of cases that nobody questions anymore. >> none of these individuals sat at that table and said if a case comes before me and i am a justice that they wouldn't evaluate it and make a decision on whether or not roe v. wade would hold in light of their decision on that case. >> correct. i ran judge gorsuch's confirmation effort from the outside. i ran justice kavanaugh's confirmation effort from the senate judiciary committee and very involved in justice barrett's confirmation effort at the article 3 project and worked on the chief justice alito con fir nation in the bush white house. this is how they answer the questions. they're bound by judicial canons
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that say they cannot exchange a promise for a vote. >> and susan collins said she didn't ask for or nor did receive a promise from brett kavanaugh that he would do that. it's unethical and illegal to make that kind of commitment. that's not the world that we live in here. so but she is saying that she thinks this is a divisive decision and she believes it was incumbent on the court to lean to constraint. what is interesting about that, it's not too far away from what we heard in justice roberts' concurrence on this opinion. he wanted to simply support the mississippi case individually and not have it have the broader ramifications that this decision has. i think for somewhat similar reasoning. i think that's fair to say. your thoughts. >> yes, they uphold the 15 week
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ban in mississippi and a state pass as six-week ban and we're back to where we are now. with the five justices on the supreme court, what they did correctly is follow the constitution. they ripped off the band aid and got rid of nearly 50 years of bad precedent. precedent that has unnecessarily divided our country. now abortion regulations go back to the 50 states and our elected state officials can decide abortion unstead of unelected judges on the supreme court. >> martha: thanks. we have to get in breaks new here. mike davis, so experienced in this as you point out. good to have you here. also breaking today, the first major gun safety bill in almost 30 years heading to the president's desk. the house joining the senate in passing the measure. chad pergram covering it all for us. hi, chad. >> hi. the vote 234 to 193. the plan expands background checks for those between the ages of 18 and 21 and increases security for schools. the bill addresses a few things
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wanted by liberals. there's no assault weapons ban and no limit on high capacity magazines that bothered the left. the legislation is the art of the possible. that's why this is the first major gun bill to pass since the brady bill on background checks in 1993. still conservatives say the bill goes too far. >> today they're coming after our second amendment liberties and who knows what it will be tomorrow. >> civil libertarians believe red flag provisions undercut due process for gun owners. >> we only heard from their spouse and didn't hear from them. we only heard from their estranged spouse or the people angry from at work or the personal from the opposite political persuasion that read they writings on the internet. we can see the mischief for this. >> that was senator rand paul there. thanks to chad pergram.
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that's "the story" for today, friday june 24th. a very consequential day. i'll be anchoring "fox news sunday" and speak with senator lindsey graham who was a big part of the processes that nominated these three justices that are so consequential. i look forward to see him sunday. before then, i'll see you on "the five" in about an hour. see you then. >> today the supreme court of the united states expressly took away the constitutional right from the american people. >> this is the first time in america that we value lives. i'm so excited.
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