tv The Beat With Ari Melber MSNBC May 3, 2022 3:00pm-4:00pm PDT
welcome to "the beat" with ari melber. tonight we are reporting from here, the supreme court of the united states, where protesters have been gathering since the draft opinion came down late last night, a rare leak from inside the supreme court. today we learned from the supreme court justice himselves this awe tentic and true, which is to say there are the votes as of february to overturn roe vs. wade. on tonight's program we are going to cover this from all angles with legal expert, advocates and some of the protesters we have been hearing from right here at the court. all of this started with the big leak when the news broke last night. >> just breaking in the last few minutes is this -- united states supreme court voted to overturn abortion rights, draft opinion shows. >> politico drop a bombshell on the u.s. legal and political system with an unprecedented
leak. >> chief justice john roberts confirming in the last hour the opinion. >> a takedown of the roe vs. wade precedent. >> i think the codification of roe makes a lot of sense. >> cities bracing for mass protests this afternoon as the biggest ever breach in supreme court history. >> roe can't go! roe can't go! >> keep abortion legal! keep abortion legal! >> we will vote to protect a woman's right too choose, and every american is going to see which side every senator stands on. >> whoever did this leak should be prosecuted and should go to jail for a very long time. >> i am here because i am angry and i am here because the united states congress can change all of this! >> today is a seismic day in
american history as we witness the fallout rippling across the nation. many protesting what is now the looming decision. we'll hear directly from the profiters gathering here as well as lawmakers, women's rights activists, legal experts and former planned parenthood chief. but our coverage begins now with caroline fredericksen, a former leader of the american constitution society as well of the one of our analysts on politics and policy. all that at play here, democratic strategist juanita oliver. >> i want to start by reminding your viewers that abortion is still legal. it's still legal if you want and need that service and access to basic health-care today. but it felt like a double gut punch. look, i'm a black woman in this
country, so i felt as if one of my basic rights, one of our basic rights was being immediately taken away. it's something that -- it's just deeply personal, because within one generation, we're going to see the rights to access and abortion given and then taken back, and i can't shake the fact that justice sotomayor let us know this was the direction the court was headed when she said the justices were essentially digging their heads in the sand, they are ignoring decades and decade of precedent, and honestly at this point i think we're all right to question the legitimacy of the court for doing, that for ignoring decade of precedent. >> caroline, you have extensive experience in this area. what did you feel when you first saw and read this draft opinion, and what should people take from it today? >> i would say, it was shocking but i wasn't shocked. because i actually don't think they had their heads in the sand on precedent. what they were doing was
aggressively overturning it in a way we haven't seen, so specific about the roe vs. wade faulty reasoning, they said. 50 years have gone by. this is been a precedent that has affected and regulated the lives of so many women and men in the united states, has created an ability for women to enter the work force in new ways, to have a better standard of living, and they want to overturn all of that. and it's true that we have not yet seen abortion made illegal across the country, but when this decision comes out, there are many states that have laws that are going to go into effect that are going to end abortion for so many women in the united states. >> as you say, the way this is written, it does that. they know it does that. both of our panelists here are
going to stay. i want to turn and do a quick breakdown of what's in here. if you follow the news, you probably heard about this last night. we're keeping an eye on the reaction and protesters gathered here at the court. but what is in these 67 pages? it's a long ruling. i want to give you three takeaways. first, the decision takes a sledgehammer to about 50 year of precedent, overruling roe vs. wade and all later cases that based on that. justices draft overrules roe and declares it's always been egregiously wrong from the start. the draft shows that a majority of the current court supported this ruling, ending roe entirely as of february. second, while nearly everyone sees this draft as an attack on abortion rights, people know that, i want to you understand that justice alito in this still private draft, until it leaked last night, claims the court would actually do this and still
be neutral on the issue, meaning the justices are not critical of abortion itself. that may sound about durd, but he writes while some believe abortion kills a human being, the court's decision to allow bans for that reason is, quote, not based on any view of whether a fetus should be treated as a human life. if that sounds illogical like they're trying to have it both ways, that's because they are. third, before i bring become the experts, what will this ruling do? it will begin automatic new abortion bans in at least 13 states where, there are already rules that trigger those kinds of bans that the supreme court ends roe, which this draft opinion does. does that impact you in your state in more details on that later in your broadcast. when will this begin? we know the court releases rulings late june, sometimes early july. so, the final ruling will be out in weeks.
the wording may change, but there's no signal any of the five votes will end roe. this year after 49 years on the books reverse themselves in this matter of months. that os you are legal breakdown of three takeaways. i bring the panel back in. caroline, your ability to expound on any of those points , which many who don't follow the news every dade because they're busy trying to work and live, how will this affect them? >> i think justice alito's -- gay rights, access to contraception. what he does is undermines the foundations of those as well. they're base on the same legal reasoning as well a host of decisions affecting personal family life, parents and their children. i think we really have to have an understanding what this means for our society, the potential
for radical changes, for a real constriction of people's fundamental rights. you know, so what he does in here, which is so misleading, is he tries to say, this is really only about abortion, but this but lau just doesn't work that way. we work in a system where there's legal reasoning, applied from precedent to precedent, and once you strike down the foundational argument underpinning any one of those decisions you strike them all down, essentially. >> let's build on that point, caroline. you worked in the area so long. i always mention the fill disclosure, you were my boss in the senate many years ago. i have to get that in for journalism. you advocate on these issues. when justice alito rights here that they can do this, end roe, but your right to privacy says, your right to contraception stays, your right to intimate sexual contact -- only recently
the court said sodomy laws were tossed. there are states that try to regulate and criminally sanction whether or not someone had sexual relations with someone of the same gender, for example. when justice alito says you'll lose this but keep all that, it's what, is your opinion in. >> it's -- can i say bd in flimflam, specious, ridiculous. just like he says this is the brown versus the board of investigation, this case is the plessy for women. >> you're talk about the distinction between the case that established quality and the original case that tried to say separate but equal. >> exactly, because that case is the one that courts tried to say -- to people of color. in this one, the court said
states have the fundamental -- those are the two cases that should be equated, not brown in this decision. >> juanita, i'm curious your decision. as caroline mentions, this can evolve a little, but this is the blueprint that five agreed to in february. justice alito got the assignment, and he wrote it and he claims in here doing this to women in america would be like their brown v. board. your reaction? >> i wrote just last week that the republicans and evangelical right will be waiting for the green light from the supreme court to do full bans. i feel like this draft opinion is that green light. this is what they have been waiting for. decades with the coordinated effort to get federal society approved justices on the bench, with the buildup and attacks that we've seen across the country on republican controlled slate houses. they built a full slate, a full
buffet of bans to choose from. now they've got the green light. the other thing from that draft that struck me is alito said it wasn't natural -- rooted in the history and tradition of this country. for that matter, i say neither is my freedom, birth control, my basic right to vote. both the president and vice president made clear in their statements today that this is not confined to roe. this is going to come to all the other thing us just mentioned caroline. this isn't just a women's issue, this is about privacy for everybody in the country. >> justice alito tries to make the argument that the original decision took something out of the public debate and made it worse, for controversial. we covered this last night, including how a vast majority of americans don't think the way to resolve this is to have abortion bans under the law again or go back into this -- about 60%
depending on the poll. having said that, it's certainly true that there's debate on this issue. americans know that. in our reporting today we heard from many of the people who came here to the steps of the supreme court where we've seen different people speak -- activists, citizens, senator elizabeth warren speaking here this evening. i want to play a little of what we heard from both sides intoed our guests will respond on the other side. listen. >> i think it's every human's right to choose what happens to their body, and so we're here and hoping to continue to protect my rights and protect the future of the rights for my daughter. >> this is good news. you know, something the responsibility of abortion laws back to the states is a really good thing. >> when did you hear about the draft? >> last night? >> and what did you feel? >> i burst into tears. it was devastating. i have been expecting this. i got pregnant during medical school. if i hadn't had an abortion i
would not have been able to continue medical school and go on and have to career i had. >> if this rulesing goes on, how do you think it will affect the next generation of women? >> i think it's a disaster. >> what are you saying with your sign? >> don't kill humans. we believe all forms of murder, including borrowings are immoral. >> i am excited for the prospect of an abortion free america. i believe fundamentally abortion ends a human life. i believe that it's not something to be understood taken lightly and that it should be -- it should be an option reserved specifically for medical necessity. >> caroline? >> well, you know, i think we hear how, you know, abortion is a controversial issue in america, but the vast majority of people believe it should be legal in all or most circumstances. and what justice alito and the
other justices have done was take an issue, that was certainly debated in a public arena and basically set it on fire. and we have a conflagration that is going to rage across the country, and we'll see where that takes us. but women and men across america are not going to let their privacy be taken away from them. this is not going to end here. >> caroline fredericksen, i want to thank you both for leading off our special coverag 60 seconds we're going to continue our special coverage. cecile richards is here and a lawmaker who chose to share her story on a personal choice. how this affects families and people around the nation. we'll continue to track the protests not only in washington where we're reporting live, but around the nation on what is now a historic and moeshl day for so many. we'll be back in one minute. y fo many we'll be back in one minute. emor
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we're very disappointed with what happened last night. i'm actually getting emotional about it. i really want my children to be able to have that security. and that right. >> it's one of the people we heard from gathered today, echoing how many people are concerned about what that draft ruling will do. here are the facts -- 13 states have trigger laws on the books. these are measures that mean immediately or almost immediately abortion bans go into full effect if the supreme court overturns roe as this draft opinion does. in order, no new vote, no consideration. it just happens. nine other states are restrictions on the books. which bar lawmakers from protecting abortion rights to
bans that go back six or eight weeks. those are blocked by roe, so if you pull roe out, those go back in place. there are other polices in america where this restriction handed down could not change what we know about people's access. there are laws in d.c. and unless the current leadership changed that access could continue. i mentioned at the top of the broadcast some of the experts we're going the hear from we turn to cecile
generation. >> i think it has been said on many shows that no one knows the constitutional right has literally been ended and removed . not only ended, but it was in the by five justices and not by the american people. this is the worst kind of government by extreme minority rule. one thing that has not been talked about so much is that when women got access to safe and legal abortion, it changed everything about women's lives in america. there have been so many studies done. it has allowed women to school and it has allowed women to have children when they were ready. it allowed them to join the workforce and to make a living and support their family and to reduce child poverty. there are
so many outcomes that women and men are aware of that. that is why i think we are seeing this outpouring of outrage. that the supreme court would take away a right we have had for 50 years. and with the republican party as you look at state after state with the abortion bans and putting young women in jail. this is led by the republican party. it's important this november that we vote to protect women's right. >> thank you for joining us on this momentous day with this generally coming out of the supreme court. thank you for your time. and she testified about her personal story. we go back inside the protest with the backlash across america tonight. tonight.
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>> we just heard from some of the protesters gathered today including my next guest the founder and executive director of we tested by, thank you for being here. >> thanks for having me. >> as you know, we are covering this live amount by the supreme court. what do you say to the activists and to others who work and turn? >> is is a moment when we need to speak up and share our abortion stories. the supreme court is going to do what we have feared they would do for a decade. they will over term roe v. wade. i had an abortion to make sure i could have my life the way i did it and they are taking that from all of us. we are making sure our voices are heard. something else i said to the crowd is where is joe biden? we are here but the president is not here and we need him
here with us and with the people and we need him to leave. >> digging into that, the president spoke out and vp harris spoke out. are they not doing enough? what more should they do, specific the. >> i have a website and taken him 460 days is the word abortion. that is not enough if he is going to say he is going to need us, needs to show us and be with the people and half the backs of people trying to get abortions now. we need to hear from him and he needs to meet with all of us who had a portions. it's a slam and asking us to vote in november did not work the first time because they have not shown up for us. they need to show up for us before we show up and show out in november.
>> everybody is looking at what would happen in other states or congress depending on who controls the congress or federal opening the way for more restrictions. there is a bit of an age gap on some of these issues. there is a geographic and ideology gap but also in age gap. what you think young people understand about the threat. have young people grown up and not understood and they are too busy living and work to know the date could come? >> i don't think there is a generation gap. if you look around, there are young people here and old folks are here. >> you are right, but not when it comes to voter turnout at every election site. >> it is all connected and they are suppressing the votes of black and brown people and if young people. we are not just arguing about the right to an abortion but to make sure people are not eaten in the
streets and that we have a the living wage and all of these things are connect it and we are angry and that is why we are speak now. if we cannot have an abortion if and when we decide, we need there's a port. >> or someone tuning into the news now that maybe was not last week, what can they do? >> you know someone who has had in the portion, you do. we need you to show up and donate to abortion rights in your local independent clinic. if you have had an abortion, share your story, it deserves to be heard. >> there is a lot of energy here in our special coverage continues life back in front of the supreme court on this historic day with a lot of pushback and people concerned about what is happening in america. we will be right back.
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>>. i would have an abortion, but i had one. if i had not had an abortion over 10 years ago, i would not have the husband i had today for the daughter i have day in my life would be completely different. >> reporter: just some of the real world stories we have heard today just outside of court where emotions are running high. people are sharing experiences of personal experience. several democratic lawmakers probably testified about why they personally made the
decision to have an abortion and why they fear the end of row . >> any future pregnancy would be risk to me and the child. for me, terminating my pregnancy was not an easy choice and it was the most difficult i have in my life. >> i was a teenager with a back alley abortion in mexico. a lot of women and girls of my generation did not make it and they died. >> i was raised and i became pregnant and chose an abortion. at 18 years old, it was the right decision for me and it was freeing knowing i had options. >> we are joined by congresswoman corey busch. thank you for joining me. why is it important to you to share a difficult and deeply personal story as this issue plays out. we see that this court, as of
february, has the five vote to support the abortion ban in the united state. >> we have to use every tool in our toolbox. since that assault happened, i had not thought about it. 20 years, i had not thought about it and it wasn't until i heard about sb eight, the texas abortion ban and it made me wonder what i could do. if telling my story will helps somebody and help do something, let me break that out. it was then that i realized that wait a minute, that was assault. the other thing became that i had the option to choose what i needed to do in that moment what was best for me. that is what is being taken away right now. four congresswoman, you relay that
and it speaks to something that sometimes does get blown away or obscured in these issues. which is yes, the court talks about rules on law and yes, there is a right private the and then there is the way things actually work in america . everybody understands from history and the available data that these kind of bans will act to deny this opportunity or option primarily to people with less means and people who face poverty and disproportionately women of color. it is something justice ginsburg, who is dead, created a condition for this to happen in. she understood and with you in mind, we want to get your response. when it comes down to means, money and often raise, let's take a look. >> there is no woman of means
in the united states who will not be able to get a save abortion if she wanted one. all of the restrictions that we see in states like texas operate only against poor women. >> all right, so that -- >> i remember i had to take a entire two-week check to get my abortion, but i had the opportunity to do that. we had been working for years not just on deck health, but re-protect of justice and that's what we are working on now. we are closer to that because we understand there are barriers in place and we have been breaking the barriers and knocking down those ops to roles . going back to the abortion ban , we know it is systemic discrimination. we know it is racism in action and the in
active this decision, whenever it comes, it will bombard those who face the discrimination, particularly the black and indigenous people of color. people in rural areas and young people in undocumented people and those having difficulty making me. how is there voice heard and how is that brought forward? that is one reason i forward and i told my story. because if i had to take a two- week check to pay for my abortion, how was i supposed to take care of a child? >> congresswoman, thank you for sharing your story and joining us on this story day. i appreciate it. we have more coverage with protesters continuing to gather at the supreme court. i am seeing more people now than it the other point in today. and we have people on the line.
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since people first starting to gather here at 5:00. typically we're told this square, this area of new york can hold about 4,000 people, but as you look through here, as you and i kind of weave together through the crowd, you'll see just how many people there are their signs give you a sense of what they are here for, what they have to say people we have spoken to they are frustrated. they are angry they are scared. they are sad, and they came here because they wanted their voices to be heard. listen to a little bit of what we heard >> the whole country needs to know that people are going to be suffering, and they will die it's a tragedy for families.
it is a tragedy for women. >> reporter: so one of the things as we've spoken to people here, ari, that they will talk about is in the fact in new york there are fairly strong protections, access to abortion rights that were solidified back in 2019 with the health reproductive act but they say that does not matter they say they are here because this is a health care right that women everywhere, people everywhere should have access to abortion, and they wanted to be out here for a one, they want to see elected leaders on capitol hill to do more to stop this, to prevent this from happening. some people we've spoken to. they talk about being frustrated that lawmakers didn't do more to codify "roe v. wade" months even years ago. they feel in some ways some of the people we've spoken to that lawmakers have failed them by not doingve more until now. they say they will be in the trees. they will be speaking out, and they will take this fight to the streets until this is resolved no matter how long it takes. a lot ofw people we've spoken say they don't know exactly where things go from here, but they are determined that organizing, coming out like
this, again, just look how many people are here, that this is a way in a they can perhaps bring about change. at the very least it's a way to make sure that women in other statesth that may soon lose the rightst to access abortion, tha they know they are not alone and that they will be standing with them. ari? >> ellison barber in new york city. with what you're hearing there as well asty the sure scale of that. one of the cities that t we're seeing larger and larger gatherings tonight. thank you,ng ellison. i want to tell viewers we'll be back withll more of our continug coverage right after this. you're watching msnbc. >>hi it means not just overturng 50 plus years of precedent. it means women will be back to where it was b before that. they will be forced to make dangerous decisions every day, and i just think it's terrible. it's just a little bit hard to find words. s terrible it's just a little bit hard to find words allergies don't have to be scary. spraying flonase daily stops your body from overreacting to allergens all season long.
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i'm a nicu nurse so i see what happens with people who have -- >> you say you're a nurse. >> neo-natal nurse. >> yeah. >> so i see them when they are very sick, when they are very young. i'm actually getting emotional about it. i really want my children to be able to have that security and that right. and i want them to grow up in a free america that is supportive of them. >> that's another one of the people that we heard from gathered spontaneously here at the supreme court today, a nurse discussing these issues. i could tell you that 24 hours ago right now we didn't know anything about what the supreme court would do in this case. since that time we've had an extraordinary series of events, the first ever fully leaked
draft of an opinion, this one that would overturn "roe v. wade" and reverse a constitutional right that's been in the books for 50 years. today the chief justice confirmed this is a real draft. within weeks we will see some version of some ruling come out. we will continue our special coverage here on msnbc. you've been watching "the beat" with ari melber and "the reidout" begins now with vice president kamala harris speaking at an emily's list gala. you're watching msnbc. >> good evening, everyone. we gyp "the reidout" tonight with a giant step backwards for women as free people in america. 50 years ago progress was made when the supreme court announced their decision in "roe v. wade." >> major story today, aside from the death of lyndon johnson, the tragic death and the hopes for peace in vietnam, is the decision of the united states supreme court. it handed down an historic decision about abortion. the court said in a 7-2