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tv   MSNBC Prime  MSNBC  May 3, 2022 6:00pm-7:00pm PDT

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constitutionalism. >> yeah again we don't know the -- i think they're sort of plausible places on both sides. but i find that vision of things compelling. melissa murray and laura tribe. what a pleasure to have you both tonight. thank you very much. >> great to be here. >> that is all in on this night nbc prime source right now with ali velshi good evening ali. chris, thanks very much, we'll see you tomorrow, and thanks for you joining us at home this hour. here it chris say, msnbc prime. as you know, rachel maddow's show now airs weekly on monday. so, i want to welcome you to msnbc prime. this show will air in this hour tuesday through friday. it will still be produced by rachel's cracked team, and i will be hosting all this week. what a week is turning up to be. let me show you the scene outside the united states supreme court right now. and this was new york city this evening. and philadelphia, pennsylvania,
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knoxville, tennessee, boston massachusetts, wilmington, delaware. reno, nevada. st. paul, minnesota. kansas city, missouri. austin, texas. americans turning out in city after city across the country, many of them kind of in shock. the country is digesting the bombshell news that broke just over 24 hours ago that a majority on the supreme court appears poised to revoke the constitutional right to abortion in the united states. today, the chief justice john roberts confirmed that a draft majority opinion published last night by is authentic. and that draft opinion, justice samuel alito eviscerate's both roe v. wade, and planned parenthood versus casey. the foundational supreme court precedents that have guaranteed the right to an adoption in this country for decades. if the court does ultimately
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rule that way, the justices take away a right that americans have been guaranteed for nearly 50 years, the ramifications will be immediate, widespread, severe, and in some ways, unpredictable. but one thing that is predictable is the practical effects of this potential ruling. we don't have to speculate on this one. to see what it will look like, it's state after state. if roe v. wade is overturned, you need look no further than texas, where abortion has all but been banned since a draconian new law took effect a few months ago. as part of the time to block that new law, planned parenthood critics and texas submitted stories to the supreme court of what texas women have faced under that law. this was just one of those stories, about a texas woman who is, quote, 20 years old, and work 60 hours a week as a manager in a fast food restaurant in north texas.
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she took a home pregnancy test and we are after she missed her period, and it was positive even though she was using condoms and i don't also taken plan b. quote, she was in shock. she said, it was overwhelming. i did catch it early. i watch the signs for my body. i did take plan b. i started crying. she decided to travel out of state, she woke up at 4 am to drive the four hours oklahoma. she said, for the abortion plus travel costs, in the end, it's going to cost 1000 1500 dollars. she noted she just moved, and is still missing furniture and that the check engine light is on right now in her car. i'm going back, recounting money to make sure i can get by. i grew up knowing that i have an option, and it was taken away from me at age 20. we are going back instead of progressing. you learn about roe v. wade and school, why would you take that away? so, it imagine when things
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would look like in a world where the supreme court gutted roe v. wade, just take what's happening in texas. and imagine it happening and over half the country. because, there are 26 states across the country where it's not only likely, but almost certain that abortion would be heavily restricted, or outright banned if the supreme court work to overturn roe v. wade. these are the states labeled in orange. this map is according to data from the reproductive rights research organization. texas is already given us a morbid case study of what that would look like since the state-by-state or quenya portion been a few months ago. stories of women concocting dangerous home remedies, for going furniture to buy gas to get them across state lines. people spinning themselves to financial instability to opting out of state abortion care. late last, year the good blocker institute released was essentially a forecast for what other states are in for a
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federal were to fall. so let's start, for example, louisiana. louisiana is one of those states that is basically done everything to prepare to ban abortion if hero is overturned by the supreme court. right now, there are 1.1 million women of reproductive age living in louisiana. now, with abortions illegal in louisiana, people living their drive an average of 30 miles one way to obtain care right now. but of roe's overturned, abortion would be banned in louisiana. now, according to this analysis by good locker, a woman living in louisiana will have to drive an average of 666 miles to obtain an abortion. one way. because, look at the states we cnn? they're all states that are also likely to ban abortion. a woman will have to call multiple state lines the team care that she used to be able to get within a 40 mile radius. take a look at arizona. there are more than 1 million
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and a have women of childbearing age in arizona, right now. with roe protecting the rights abortion in that state, women only have to drive an average of 11 miles one way to obtain abortion care. but if roe falls, abortion will be legal in arizona. and women will have to drive an average of 251 miles, one way, the obtain an abortion. let's do one more v's. let's look at florida. 4.6 million women of childbearing age live in florida. right, now our drone can obtain an abortion in florida just driving eight miles one way. but if florida were to ban abortion, the average one-way distance to an abortion clinic will be 575 miles. based on their analysis, they estimate that 36 million women will be forced to travel extraordinary, oftentimes, impossible distances, don't deign the very common, constitutionally protected care that the used to be able to get
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after a drive of just a dozen or so miles from their home. and that's assuming that they will be able to obtain that care once they make that long journey. one of the states that do protect abortion find themselves unable to cope with the sudden influx of people from states that have been that? the practical, logistical implications for millions of women in this country, if roe v. wade is overturned, is seismic. and it's not just limited to people living in states hostile to abortion, it's americans everywhere, in every state, which may be why, today, as the news of those draft rulings link in, the response from democratic leaders was unusually ron and emotional. he was a democratic leader of the senate chuck schumer. >> if we had to pick a word that our caucus feels, it's infuriated. infuriated by the alleged decision. infuriated by the lies these
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justices told us when they said they would respect president. infuriated by our republican colleagues who don't tell the truth. i just cannot tell you the outrage i feel at this decision. and the outrage i feel that republicans who did it won't own up to it. and duck it. it's despicable. >> and hear the vice president kamala harris was speaking to the pro-choice organization. >> those republican leaders who are trying to weaponize the use of the law against women, what we say, how dare they? how dare they tell a woman what she can do and cannot do their own body? how dare they? how dare they try to stop her from determining her own future? how dare they? try to deny women their rights
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and their freedoms? >> we'll be talking just a few minutes of the chair of the house progressive caucus about the road ahead at the federal level for defenders of abortion rights. but all eyes are also on the states right now, where the immediate future of access to abortion will be decided. california's democratic leaders are preparing a state constitutional amendment that would explicitly protect the right to abortion in that state. connecticut's legislature has passed a law that the governor says he will sign to make the state a, quote, safe haven for patients we need to travel from states with abortion bans in order to access abortion care. and today, the governor of new york state said, her estate will welcome anyone who needs care, quote, with open arms, and cool. but even as some states move to protect abortion rights in this case of a looming supreme court decision, other states are pushing with more restrictions.
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even just today. a greening o'connell republican governor, kevin stitt, signed into law a new anti-abortion measure, even though he already signed a near total abortion ban last month. i guess not of the supreme court looks poised to let any and all abortion ban stand, why not stack them up? so there are questions tonight about what will happen in congress. what will happen in the states, and what will happen, of course, at the supreme court, which may not issue its final decision for another couple of months. and throughout the day, activists, lawmakers, and citizens converge on the supreme court building, and those gatherings continue. right now, we're looking at a live pictures, as all mechanist are to come with grips on what it means to live in a country without a right to abortion. joining us now is meaning tomorrow g, presidents of pro-choice america. she was one of the speakers at the rally on the steps outside of the supreme court today.
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thank you for being with us tonight. i just wanna start by asking you, this has been quite a 24 hours. the news itself is not unexpected. it was unexpected no. what's going through your mind today? >> i was actually, here at emily's list with vice president harris. the room was electric. advocates, activists, elected officials. folks are fired up. energized. look, we are devastated by what we've learned from the court. it's important to know, and i know your other guests will also notice, that abortion is still illegal in this country. roast a lot of the, and this was a leaked opinion. but, we faced a believability gap for a few months now, for about six months since the oral
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arguments. a lot of us have been out there shouting, is very clear what's coming. the court didn't intervene in texas, as you noted. embolden states like oklahoma, idaho, arizona, florida, to take on additional bans. and a lot of americans, to their credit, couldn't believe that the court would reverse such a fundamental protected right. so what happened yesterday has really, as you told the story so beautifully, really been a wake up call to folks who deeply care about these fundamental freedoms. and, it might be the thing we need to really fight back. >> let's talk about this believability gap, because it's obvious that it's widespread. there are reasonable people who just have not been around long enough to understand what it was like for a woman who couldn't get abortions. look for alternatives, in many cases, alternatives that were either unsafe or unaffordable.
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and now that it is upon us, with those this call say? what are people who are now coming to terms of the fact that this may be very real, in a matter of months,, roe v. wade could be gone. abortion protections could be gone. they could fall very quickly in 26 states, and possibly more as time goes on. what does the call say? what is one to do? >> no, i think the courts have made it really clear. the supreme court is made it clear, we can't rely on the courts to protect our constitutional right. the clarion call is, we have to hold our elected officials accountable. we have to fight back and push back about the encroaching extremism from the gop. the rise of authoritarianism. it's deeply connected with the federal voting rights, and democracy reform. eight out of ten americans in this country supported constitutional right to abortion. yet, we have a court that is poised to overturn that right.
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we have a majority being ruled by minority. a religious, extremist minority. so i think the wake up call is to fight back and that we have to hold elected officials accountable up and on the ballot. that's congress, the state houses, those governors, that's attorney generals. and we need in this midterm election for our base to be energized like they've never been before, and we're hoping this will be the opportunity to raise that awareness. >> in just a few moments, i'm gonna speak with pamela diabolo, who has tried to move this forward in congress. and it's obviously been a lot of discussion to do that. in your opinion, with the scott -ifying abortion rights look like? is it something that at the federal level, is it done at the state level? is it both? what does success look like in codifying legal protection for abortion rights? >> so, for nancy pelosi, and
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who put forth the production act. we had an unsuccessful effort where he's bringing a back next week. so excited to support him there. but, look, it's all of the above. if they legislative efforts. and efforts like gretchen whitmer fighting back with the litigation. it's a ballot and news is the best in kansas and michigan, as well as federal legislation. and there's also talk, and i think there needs to be really, we need to be really big and bold and how we much in the future of above the freedom of this country. we need to think about constitutional amendments. we need to think about the era, the quality amendment. all cards have to be on the table. we have to fundamentally reimagine how we want to protect this right in the future. but we have a lot of options. it all comes down to the access to the ballot box, and voting. so the fact that we have an extremist gop that is really aggressively attacked our fundamental freedom to vote, is
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hand in glove with these attacks on abortion rights. the attacks on trans kids. the attacks on lgbtq communities. it's all connected. and you really need to wake up as organizations across the progressive ecosystem, an angle from mueller's really reaching -- analogies when these fights, are i know these attacks are. >> it's along 24 hours for you, and a bunch gently those over is gonna get any easier. i will be get some sleep. thanks for spending time with us this evening. she is the president of pro-choice america. we appreciate your time tonight. last timber, a draconian new anti abortion law went into effect in texas. it's a law that bundle bush in in about six weeks and pregnancy. which, again as before most women even know they're pregnant. i know the end of roe v. wade looming, more states are looking at texas as a model, including a neighboring, where a copycat law was signed into
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effect today. it takes effect immediately. joining us now is amy hedge miller, which is still providing abortions in texas in the limited circumstances in which they are allowed to. thank you for being with us tonight. i want to get your opinion as well to the draft opinion those leaked. thank you for having me, ari. it's an honor to be between me and camilla. two people i really look up to. and my reaction is, has a couple of layers. the first, many was right, i want to point out that abortion is illegal. we've been hearing from patients all day today and i want people all over the country to know that you are appointments are still valid. our clinics are open all over the country. providers are here to provide care to you and all 50 states, abortion is still illegal. this leaked decision didn't surprise us. unfortunately. it is very difficult to read,
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it's remarkably disrespectful. of our experience as women and families in this country. and, i say it's not surprising, it's still very difficult to read. and we have been preparing for this, not just since espy age was pass and not just since the dobbs v. jackson case was heard. but really back in 2020 when the june medical case was taken up by the supreme court. many of us independent providers and planned parenthood's all over the country started to prepare for what this era could look like. trying to preserve access in the states, these 26 states. and then also trying to describe networks with our abortion fund allies and with our clinic allies to help as many people as we can get the 24 states where abortion is secure. and it's really been a multi-pronged approach and it's been a really difficult time to have multiple contingency plans
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and multiple strategies while at the base of everything we do are the people we are here to serve. we've been listening to the stories of people denied abortion care for months now. and trying to help people overcome these barriers, whether it's supporting people who may have tried to self manage their abortion. whether it's helping people travel out of the state or whether it's helping families cope with being forced to carry a pregnancy that they didn't feel ready for. beyond the limit of the abortion. and being forced to give birth in texas of this time. and so it's been rough and your right, it is preparing us in many ways for what the country is going to face in the coming months. >> and in fact, that's one reality. what the country will face with the overturning of roe and casey. but many people are concerned that decision will not stop there. and it can extend to possibly things like emergency contraception or even birth control. do you share that view?
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>> you know, i agree with what many was talking about. i think it's important for us to frame this as religious extremism. and christian extremism. and this is born and bred in this country and it does not reflect the majority of people in this country. it does not reflect the feelings and beliefs of the people that i serve and the people that all of us know across this country. the vast majority of people here want to see abortion legal, they want to see abortion safe and available in our communities. all of us know somebody and love somebody who's needed an abortion at some point in the life. abortion has benefited men, its benefit of women, it's benefit republicans and democrats. our country has been able to count unsafe abortions for decade. and it's raise the status of women and made new families healthier in our communities across the country. and i am glad to see such outrage today. it is important for us to stand up and talk about the value that access to safe abortion has brought to our communities
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over this decades. >> amy, thank you for joining us tonight. amy has for miller is the founder of whole women's health. we appreciate your time. coming up next, i've been telling you how progressive are hoping to fight back. could the court overturn roe actually help democrats keep control of congress. congressman -- joins us live after this. ment. that's why at america's beverage companies, our bottles are made to be re-made. not all plastic is the same. we're carefully designing our bottles to be 100% recyclable, including the caps. they're collected and separated from other plastics, so they can be turned back into material that we use to make new bottles. that completes the circle and reduces plastic waste. please help us get every bottle back. and it's easier than ever to get your projects done right. with angi, you can connect with and see ratings and reviews. and when you book and pay throug you're covered by our happiness
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live video of people tonight
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protesting in sacramento, california, in response to the news that the supreme court has prompted a majority of opinion overturning roe v. wade. which effectively ends or would end the federal right to a safe and legal abortion in this country. as people across the country have begun to take the streets in protest, congress is preparing for its biggest political battle in generations. republicans are now on the verge of achieving one of the central policy objectives that their base has been pushing for for nearly half a century. but despite that fact, republican leaders spent the day avoiding the topic of roe entirely. when they mentioned it at all, it was in the context of feigning outrage over the fact of the draft opinion had leaked. zero talk about where they stood on the decision itself. it was the dynamic the democratic side leader chuck schumer made clear to know during his own press conference today. at that press conference, schumer inform skeptical reporters that democrats to do everything that they could to fight the upcoming decision
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including by holding a vote on federal legislation to codify the protections of row into law. >> the dynamics that lead you to not be able to codify row previously remain. you still don't have the votes to nuke the filibuster. you still don't have the votes to pass that bill. what are you going to do once that bill goes down once again? >> look, it's a different world now. the tectonic plates of our politics on women's choice and on rights in general are changing. every senator now under the real glare of roe v. wade being repealed by the courts's going have to show what's side there on and we will find the best way to go forward after that. >> while the world today would certainly different in the one in which we are living in before the news of this draft opinion broke last night right before rachael show began. but the fight to codify remains an uphill battle over the past two years congresswoman pramila jean paul has a reputation as a
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leader in this fight. as the head of the congressional caucus she's been p2 mobilizing nearly 100 members on key issues of social and economic justice. she's been an outspoken leader in the fight of reproduction rights. just a few months ago congresswoman jayapal was one of three was a congress who stepped up to bravely tell the story of her own abortion. >> i speak to you as one of the one in for women in america who have had an abortion. i knew i was not ready to have another child so i religiously took my daily contraceptives pill. despite that, i became pregnant i consulted with my doctors who told me that any future pregnancy would likely also be higher risk to me and the child. after discussions with my partner who was completely supportive of whatever choice they made. i decided to have an abortion. whether the choice to have an abortion is easy or hard,
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whether there are dramatic situations or not. none of that should be the issue. it is simply nobody's business what's choices we as pregnant people make about our own bodies. >> now tonight, congresswoman jayapal is one of the democratic leaders tassel coming up with a strategy for democrats nationwide. joining us now is the washington congresswoman primala jayapal. congresswoman, thank you for being with us. we appreciate you time as always. this is personal to you but i think it doesn't need to be. in other words, for most people looking at this tonight, they need to look beyond whether or not they know someone who's had an abortion, know someone who might have an abortion and seeds in the context of a right that is being eroded. >> that's right, ali, and i think it is. the personal stories are important because i think that there are republicans across the country who are trying to say that somehow, this doesn't matter very much or it's not
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important to us or it doesn't mean anything for our futures. and i think the stories really showcase how complicated this is. how varied it is for people across the country, very different situations. and ultimately, this freedom is a critical freedom that we've already had 50 years of people growing up with the belief that they could make choices about their own body. that it was a constitutionally protected settled law question. and today, this five majority supreme court, which by the way, ali, these five justices were appointed by republican presidents who actually did not get the majority of the popular vote. and these five justices are trying to say, if this actually is the opinion we think it is, trying to say that this is not a fundamental right. and it is a terrifying thing because people need to understand, not only what it
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means for our economic freedom, for families across this country who are trying to plan their pregnancies. but also for every other issue, think about everything from brown v. board of education. marriage equality, you name it. loving, i mean anything that we have considered set a law could really be taken away. and if you look at the language of the opinion, it's very scary and dangerous because it seems to be saying that if something isn't specifically named as a right in the constitution, from 200 years ago. that somehow that is a qualify as a. right >> so what are the options. and this is when that you've been pursuing is to codify this. to make this law. passed by congress. what is the path for that right now. how do, it's really the senate where this problem lies.
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but you heard chuck schumer talking about the fact that it's a different world now. the tectonic plates have shifted. do you believe that to be true and that does that mean that there is a likelihood that the efforts that you in the house have gone through to codify abortion protections can be passed in the senate? >> well, i certainly hope so. the house has passed a women's health protection act a's row. we can pass it again. the senate, i think it's very important for the republican senators who voted for these justices but said that they cared about abortion as a fundamental right. and actually, one who even said that she got an assurance from one of those justices, that this was subtle law. i think it's very important for those senators in particular to be on the right side of history and ensure that we protect this right. because they confirmed these justices and now these justices are making a mockery of president. they're making a mockery of women's freedoms.
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and really, of women overall, pregnant people overall. so the path is that i think the senate majority leader has said they're going to bring this to the floor. it would need to get 60 votes on the senate to pass. unless there is a carve out for the filibuster. and let's be clear, ali, they have a carve out for the debt ceiling. it seems to me that we can have a carve out for the filibuster and if we got those two senators who said that they supported women's right to choose. to side with 49 democrats, that would be sufficient to codify roe v. wade. >> congresswoman, we appreciate your time tonight. we appreciate you telling your personal stories to make them real for a lot of people who would otherwise deny how important is freedom. as congresswoman pramila jayapal is the chair the progressive caucus. we appreciate time, thank you. >> thank you ali. >> much more ahead tonight. it is primary night in ohio. we're going to check in with
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steve kornacki, big news out of ohio right after the break. fter the break - [female narrator] five billion people lack access to safe surgery. thousands of children are suffering and dying from treatable causes. for 40 years, mercy ships has deployed floating hospitals to provide the free surgeries these children need. join us. together, we can give children the hope and healing they never thought possible. it's a mission powered by love, made possible by you.
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indiana, pull schools nearly two hours ago in ohio, and we see projects that congressman tim ryan will be the democratic party senate candidate in november. of course, the most anticipated race of the night's republican senate primary where donald
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trump's control over the republican party faced its first major primary test. trump forgot the name of his preferred candidate j.d. vance over the weekend, but just in the past few moten moments, and bc has predicted that j.d. vance will win the republican primary. joining us now is msnbc's national political correspondent, the great steve kornacki. steve, it's good to see you my friend. you have big news out of ohio right now. those numbers are coming in fast and furious. >> yeah, ali, and here you see, the check mark. he has won the republican primary. he will face off against tim ryan the democrat in the fall. basically, what's been happening here, if you've been watching these returns, we first came on the air when about the first ten or 15% of the vote was reported up. lance was running out about 24 25%. what that was is the way they reported the boat out in ohio, every county puts out the early vote and the vote by mail first. and a republican primary, that's a very small share of the overall vote. most republicans prefer to vote
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in person on election day. and the people that voted in person on election day today have broken sharply for j.d. vance. county after county, we've seen immeasurably improving in how he did today, versus how he did in the early vote. a couple things could explain that, but one of them is that it was in the middle of the early voting period on the april 15th of donald trump threw his support behind j.d. vance. so, it could be one of the reasons vance is doing so much about a today. then he did in the early vote. also worth noting, josh mandel here, who is running second, also rain very hard and trying to get donald trump endorsement. one very hard after trump voters. he's actually doing quite well as well when you look at the say vote. not as well as vance, but he's doing quite well. it really does, i think, it's hard to put an exact number on it. but it's impossible to deny that donald trump's endorsement of j.d. vance, in the middle of
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april, changed this race in a way that probably has but j.d. vance over the top here. you can absolutely have seen mandel winning this primary without j.d. vance doing as well as he's doing with the same table today. and you can see, i'll give an example of it right here, cuyahoga county, this is actually matt dolan. he's the one candidate trump sent he did not want winning this primary. this is dolan's base. and again, dolan is leading here. but when we are looking at numbers out of cuyahoga county about an hour ago, we just look at their level. dolan was crushing violence. margins were about 20 points. now you can see, as the same day voters come, in vance has moved that into single digits. that's great for j.d. vance to be endorsed backyard and doing that well. you take a look in the suburbs, just north of columbus ohio, bedrock republican suburbs here. again, this is the kind of waves that dolan campaign very much wanted to win. they wanted to get big numbers. instead, vance looks like he's on his way to actually outright winning delaware county.
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hamilton county, cincinnati, vance's family, he grew up in the area here. you can see is actually leading in hamilton county, cincinnati right now. so actually, geographically, a pretty expensive victory here for events. and, again the numbers are sitting at about 31%. ought to be surprised with picked up a little bit more that vance number before the nights over. also, with mental and supporting second out of dolan wouldn't be surprised by that either, but bottom line, j.d. vance wins the primary. and donald trump, we said, this was a test of his cloud with a republican primary voters, and i think would be fair to say, donald trump was critical and delivering this victory to j.d. vance. >> a big uptick in events to support since the endorsement by donald trump. steve, great to see you my friend, thank you as always. msnbc national correspondent, the great steve kornacki. up next, the basing a reality that the end of world could mean that other rights, like the right to obtain contraception, the right to same sex marriage, could now be in the crosshairs of the
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court's conservative majority. rosshairs of the court's conservative majority. court's conservative majority. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you.
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♪♪ ♪♪ ♪♪ ♪♪ ♪ ♪ ♪ ♪ ♪ ♪ voltaren. the joy of movement. it is an important precedent of
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the supreme court. buy it, i mean roe v. wade and planned parenthood versus casey. and reaffirmed many times, casey's president on precedent. which itself as an important factor to remember. >> senator, casey is said and
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law. since then it's a decision of the united states supreme court. and you also have obergefell and lawrence, those are all presidents entitled to the weight president which is quite considerable. >> during supreme court confirmation hearing since 2017 and 2018 trump appointees justice gorsuch and justice kavanaugh both told the senate judiciary committee that they understood roe v. wade and planned parenthood v. casey where the established laws of the land and that they carry the quote, weight of precedent, and quote. or that they were quote precedent on precedent. and quote. but according to this draft, supreme court opinion published by politico last night, those cases are likely precedent on precedent for just about another month. while justice roberts confirmed the authenticity of the document today, of course it is still a draft. the language and the justices votes could still change. but for now, this is what all of those justices idlest voted
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for. quote, we must hold that roe and casey must be overruled. the constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision. including the one on which the defenders of roe and casey now chiefly rely, the due process cause of the 14th amendment. the provision has been held to guarantee some rights that are not mention in the constitution. and quote. now there are several rights that fall into this category. rights like same-sex marriage, the right to birth control,. justice alito basically wrote a how to kai to dismantling those rights to. which is probably why he also peppered in this tepid assurance quote. we emphasize that our decision concerns the constitutional right to abortion and no other
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right. nothing in this opinion should be understood to cast doubt on precedents that don't want concern abortion. and end quote. that's good. should we take him at his word? like some senators took gorsuch and kavanaugh at their word? , tonight the vice president harris warned that roe might not be the only target for have likens. >> you know, some republican leaders, they want to take us back. to a time before roe v. wade. back to a time before a burger fell v. haugen's. back to a time before griswold v. connecticut. but we're not going back. we are not going back. >> the president of the naacp legal defense education fund, also offered this fought.
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quote, the leaked opinion suggest scotus has abandoned all respect for precedent and a woman's right to choose. if this is true, we can only imagine what's next, and what this will mean for respect for the court itself going forward. joining us now is janai nelson, president and director counsel of the naacp legal defense. an education fund. miss nelson, thank you for being with us tonight. i appreciate your time. and you are an expert to whom we often turn. as a non lawyer, i was confused by the fact that justice alito says the supreme court can only protect rights that are in his words, deeply rooted in the nation's history. so how far does that logic go when it comes to peeling back previously establish rights like same-sex marriage for instance that are not in the constitution. constitution is the same thing about same-sex marriage. >> yeah, it's deeply concerning that justice alito would try to manipulate what is essentially
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our due process clause in the 14th amendment that way. what he's referring to is the fact that not all rights that we enjoy, and that we are absolutely entitled to, are specified by name in the constitution. instead, our constitution has broad principles. it has the principle of due process, the principle of equal protection under the law. and under those big umbrellas, lie in important and critical rights that are essential to our freedom as americans. our freedom to choose to decide who we'd like to marry. whether that be somewhat of the same-sex or someone of a re-different race. our right to privacy. our right to determine our reproductive future. and our access to opportunity as a result. and what justice alito laid out in that extremely disturbing draft opinion is a completely different conception of how
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this country has evolved over time and treated rights under the constitution. he talks about rights not being rooted in our history or being part of our view of ordered liberty. without recognizing that the court itself has made those determinations not more than 50 years ago as part of an evolving progressive and more inclusive society. so would he did in this draft opinion's attempt to bring us backwards. in a way that is not consistent with how we view right sunday. it's not consistent with contemporary readings of the constitution. it's rooted in originalism. which locks us into a period of time in which almost a super majority of this country had no rights, including most people of color and women and many other groups. so this is really a call for our country decide what's type of constitutional democracy we want to be. >> yeah, i mean, you make a
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good point. the right for people of color to vote was not enshrined in the constitution. the right of women to vote was not enshrined in the constitution. there are all sorts of rights that have come to be, in this particular case, for almost 50 years. what is the basis of the argument that it's not enshrined in our history? let alone the constitution. what does 50 years of abortion protections mean if it doesn't carry any weight with justice alito and a majority on the supreme court? >> what it means, frankly, and it's very difficult for me to say this as someone who leads an organization that put the first african american supreme court justice on the court. and has won several cases like brown for support of education. using the court to advance society to help perfect our constitutional democracy. it disturbs me to say that the court has become deeply politicized and this opinion underscores that fact and makes it at this point beyond doubt, beyond --
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that the court has been co-opted through political win and political pressure and power. and i think your opening, where we saw justices claim that this was precedent on precedent. that this was part of their duty to recognize -- to recognize that when there is settle precedent that justice is on the supreme court are bound to respect it. unless there is good reason to depart from that precedent, and justice alito's opinion despite the 67-page length plus an appendix does not provide adequate justification for departing from precedent in this way. this is really an outlandish decision. >> janai nelson we always appreciate time thank you for being with us on this important night. janai nelson is the president director counsel of the naacp legal defense and education fund. off next, steve kornacki joins us, we're gonna take a break, we are tied to steve kornacki
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we know that j.d. vance is now the republican nominee. for senate in ohio. we'll be right back with some important formation stay with us. wit us (vo) when it comes to safety, who has more iihs top safety pick plus awards— the highest level of safety you can earn? subaru. when it comes to longevity, who has the highest percentage of its vehicles still on the road after ten years? subaru. and when it comes to brand loyalty, who does jd power rank number one in the automotive industry for three consecutive years? subaru. it's easy to love a car you can trust. it's easy to love a subaru. >> tech: when you have auto glass damage, trust safelite. it's easy to love a car you can trust. this dad and daughter were driving when they got a crack in their windshield. [smash] >> dad: it's okay. pull over. >> tech: he wouldn't take his car just anywhere... ♪ pop rock music ♪ >> tech: he brought it to safelite. we replaced the windshield and recalibrated their car's advanced safety system, so features like automatic emergency braking will work properly. >> tech: alright, all finished. >> dad: wow, that's great. thanks. >> tech: stay safe with safelite. schedule now.
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to keep san francisco safe. recall chesa boudin now. all right one quick count of business if you are quite the show on your tv or, if you record the rachel maddow show every night at nine eastern. that's great, keep doing it. please at the show at us and bc prime to your dvr recording schedule, msnbc prime is now with this call show is called from tuesday to friday. the reason we need both those recordings under dvr is that rachel is going to be here on mondays even though her whole team is still producing the show every night at nine eastern. so you need to set your dvr to record every night at nine which means setting into record both the rachel maddow show and starting now, msnbc prime. that does it for us tonight we'll see again tomorrow at seven glassware floors of donald which for the purposes of your dvr, remains the last word with lawrence o'donnell. and we are


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