Skip to main content

tv   All In With Chris Hayes  MSNBC  May 23, 2024 12:00am-1:00am PDT

12:00 am
#. she left school just one class shy of a diploma. the war ended, she got married, raised three kids, and had a career, but she never got around to getting that diploma until this month after her family reached out to the school district. watch this. >> eleanor anne.
12:01 am
will see you again tomorrow. tonight on all in. to right now in the world outside this beautiful campus, troubled waters are slamming against some of our most fundamental principles. another day, another flag point tonight's stunning new reporting of supreme court justice samuel alito has been caught flying another favorite flag of the insurrection outside of his second home. then. >> practically has a legal version of an ankle bracelet about him. >> congresswoman alexandria ocasio-cortez defended trump's visits the bronx and much more.x is a campaign gap if you don't understand what you said? >> do you support any restrictions on a person's right to contraception?
12:02 am
>> we are looking at that. >> all in start right now. good evening from new york,g i'm chris hayes. there is another flag. last week we got the bombshell news that the household of the conservative supreme court justice samuel alito had flown an upside down american flag in the days after january 6th. according to flag quote 1942 that should only be done as, quote, a signal of dire distress and instances of extreme danger to life or property. after the 2020 election, at the coup, in circles, that symbol, that is item flag became widely associated with donald trump attempted coup. the idea being that the election being, quote unquote stolen from trump's, which it wasn't, had cast the nation into dire distress in this respect, that upside down flag was an endorsement of the big life
12:03 am
goals claims of the stolen election and it was, infamously, flown at the insurrection itself. add a statement of the new york times, justice alito confirmed that upside down flag flew at his house, later confirming that his wife inverted the flag following an argument with liberal neighbors. he still did not explain why a sitting supreme court justice had a coup flag flying above his home. this was a shocking story. i think on its face, enough to require alito, at a minimum, to recuse himself from the two monumentally important january 6th cases currently sitting before him on the court. not to mention confirming that alito is exactly as ideologically radicalized as any of us suspected he would be. but i will admit, i did not expect this to be a drip, drip,
12:04 am
drip kind of scandal pick one that involves multiple parts from multiple news cycles. there are other cases where, say, a person comes forward of o sexual misconduct, and you think to yourself there are probably other people out there with similar allegations. or, say, in a different conservative supreme court justices caught taking gifts from right-wing benefactors. it is probably fair to assume it is not an isolated incident. i did not think that is going to be the case with the right wing flag but it turns out i was wrong. because this afternoon, in a follow-up story for the new york times, the same reporter, jodi kantor related revealed that alito through flew this other right wing flag over his other house last year. three photographs obtained by the new york times and a half dozen neighbors and passersby showed that the appeal to heaven flag was aloft at the alito home on long beach island on july and september of 2023. google street view image from late august also shows the flag. google street view, he's got
12:05 am
the flag on google street view, folks. that right there is the image from august of 2023. so the appeal to have the flag recently gained some notoriety because it also hangs at the office of the speaker of the house, mike johnson. now it has been around since revolutionary times but over ov the past decade or so, specifically it has grown closely associated with the christian nationalist movement, including as the title of the book of by a guy named such sheets who is a supporter and an election denier. one former christian nationalist told pbs, he helped turn the flag into a rallying symbol among right wing groups in this country.. >> the appeal to heaven flag goes back to the revolutionary war, george washington was inspired by john locke. ir but over the last 10 years, the appeal to heaven flag has been popularized by dutch sheets. he sees the appeal as the symbol of christian revolution. the closely at january 6th you
12:06 am
will see dozens of appeal to heaven flag. it may have a long history but in the contemporary context, it has a very specific meaning. >> and he is right, it was, indeed, all over the capital on january 6th. just look. >> what i don't think it is quite as the inverted flag, still i think it is fair to say and explicitly political statement, right? and unlike the first case where one can take a normal american flag and turn it upside down because you, i don't know, got into a fight with neighbors, in this case, alito has to first acquire the christian t nationalist appeal to heaven flag and then take action to fly it at his vacation home. not so easy to explain with another set of neighbors or to blame on your wife. this on its own will because
12:07 am
for sanction for any federal judge. to be clear, if you're not on the supreme court and you do this you would get in a lot of trouble. this time, alito did not offer a statement to the new york times and clearly didn't get away with this or anything else, much like the x pet president who he seems to want to bail out of trouble. and act with total impunity. things of himself as coverage and protected by the lifetime tenure and has find enough republican senators to impeach him. with this sort of reveals is what we have already known about alito, he is, indeed, an ideological zealot and a flagrant the partisan who puts his own personal before the law and apparently he thinks so little of us, the american people, he does not even have the decency to pretend to hide it. >> he sits on the judiciary meeting and he joins me now. i saw your comments about the upside down flag, what is your reaction to this latest story
12:08 am
flying over another alito house. >> i wish i could say i was surprised but i am not because this political statement, make no mistake, this pride is a political statement, this is part of a pattern, this political statement is, in effect, support for donald trump for a religious strand of the stop the steal movement and for a theological version of is okay for speaker johnson to fly outside his office, he is a politician. but supreme court justices are supposed to be above reproach and above politics and i am sad, really sad and shocked to say that justice alito is rapidly showing himself to be unfit to serve on the united states
12:09 am
supreme court. at a very minimum yes to recuse himself of these cases now coming before the court that will determine whether or not trump gets held accountable. plea others two cases, there is a case about the obstruction of official proceedings which dozens of january 6th rioters and insurrectionist were charged with. there is the case inof the presidents immunity. refusal here, which i think is a good start. but i guess it feels like there's a little bit of a constitutional loggerheads. vis-@-vis the checks and balances between these different branches. now obviously judicial review is important and we have the court can strike down things that you and your colleagues pass, right? they can stop the president from doing things. it seems to effectively evolve into a situation in which there is no check on the backend for the court. so there is a nomination he process. but once they are on their, what is, what can the senate
12:10 am
do? what can anyone do? if he decides tomorrow he is is going to put up a maga flag or come into oral arguments with a trump 2024 facial tattoo. >> or if he and justice thomas continue to take gifts and benefits and trips and other kinds of payments in effect, violating basic norms. well, number one, the supreme court are subject to a really enforceable code of ethics so rc congress can take that action. i am very clear, i know my colleagues will to code of ethics but here's what can be done. chief justice roberts ought to be summoned to a hearing beforeb the judiciary committee of the senate. he ought to show tesome leadership and he should be held accountable. of course, justice alito ought to be subpoenaed, as well, in my view. but likely he is not going to appear and i think it is a time
12:11 am
of reckoning for the congress. justice alito says, you know, congress can't regulate to use this term, the supreme court. c but congress set salaries, it sets rules of procedures. since the numbers of justices, the founders didn't want the united states supreme court to be above the law. it is the highest court but justice alito is showing himself not only unfit to be injustice because he is disregarding ethical norms but as you and all of us know, he has disregarded basic precedent stops as a total abhorrent disregard for the president of roe and other matters that take away our basic rights. >> i do think that having coming before your committee is probably a good start and i think they should answer for what exactly the code of conduct is, from my
12:12 am
understanding and the final question for you, this would on not be allowed for any other ow federal judge at the lower- level, right? >> it would be a violation of the current code of ethics that applies to all the other federal judges and that is what i think the judicial conference ought to take action here to investigate. has that power, if the congress won't do it, the organization that is established by the congress should do it because any other judge would be investigated. >> all right, sounds like we might get that faced hard to. thank you very much, appreciate it. >> thank you. an opinion columnist for the new york times, his latest opinion is titled justice alito is a true believer. staff writer of the atlantic, or his latest piece asks why was alito flying the flag upside down after january 6th? well, well, well gentlemen. i will admit today i did see it coming, i did see flag number
12:13 am
two dropping today. but here we are, first reactions to seeing that story pop up in the new york times. clean my reaction to this latest tory wasn't as strong in my reaction to the first story. what i found truly shocking. it is truly shocking that any federal official would fly in upside down flag at their home. this only confirms the latest story that the explanation given of the first story that it was my wife's doing, she got angry. i just confirmed that that is probably not true and that ab justice alito is more than aware of the flying of the previous flag and i would say most likely endorses the message . i just want to say real quick, congress does very much have the power with the court and one thing congress could do to discipline the court is simply take away justice
12:14 am
alito's clerks, take away his o' office. take away the things that make his job easier to do. >> yes, i personally and in the, if just are taking with her clerks and if they want to stay on the bench wherever then they have to work for a living like everyone else. adam, you wrote this piece sort of about the psychology, right? and i want to read this because actually think in some ways the most unnerving and fascinating part of this is the psychology here. alito's motives matter. hinges on sympathy or lack thereof for the parties. that much was already clear before they had the symbolic gesture. the flag revelation does offer potential insight into the inter-interpretation of the events of jan. 6, the approach he has taken coming before the court sent the question i have for you is, i the y here is pretty darn fascinating. he does, he has a lot of power, he doesn't have to
12:15 am
affirmatively troll everyone or play this kind of catch me if you can semiotic game with the flags outside his house and yet he is doing it, why? >> i think that is an interesting question. it is really important to watch and post a couple of years ago quoted anonymous conservative legal activist who said something along the lines of alito has a particular constituency, which is very odd statement because judges are not supposed to have constituencies. they're supposed to be independent, they're supposed to be apolitical. but i think that sort of get that what we're talking about. alito sees himself as the voice of the real america on the court. and so his judicial opinions reflect essentially his view of what the conservative movement believes sees himself as their
12:16 am
representative. so wherever they go, he goes. and it doesn't matter how deranged the place that they go is. he apparently is going to follow. >> to go back to the point you just made about checks here. you have written about this in a number of columns and you, i have discussed before that at various moments, the arrangement, the equilibrium of the balance of power in court, the branches have had to be e renegotiated and resettled because there have been points where just got out of control. and i feel like we are approaching one of those moments. with the court having this case before them, this sort of get out of jail free card they could offer their guy, and i think it is fair to conclude that trump is alito's guide. that there is a sort of crisis here in front of us. >> i think that is absolutely right. it is clear that this court, this majority in the court has no real regard for anything but
12:17 am
its own ideological and in justice alito's case, partisan interest. and that should necessitate for the rest of us in the public but certainly from a verse of congress and democrats specifically, an effort to stipulated. legislation is not going to be passed because of congress. but there are other levers congress can use. democrats on the senate judiciary committee could use not just issuing subpoenas or a request to chief justice robert . really demanding that justices speak before the committee. the justices are not above the constitutional system. and one of the vethings that i think we are seeing right now is some of the justices, specifically alito, very much believe that they are just a member of the highest court, but they are literally above the entire constitutional system and no longer subject to any checks, any balances, any
12:18 am
accountability. >> adam, what do you think? >> i mean, i think it is a real problem when you have on the nation's highest court, a person who has fundamentally expressed sympathy with an attempted coup. is now considering, at this ow very moment considering cases that would affect the a prosecution of the people responsible for that coup. this is someone who should not be eligible for a low-level securities clearance all let alone a lifetime appointment to the nation's highest court. this is a man who does not believe in the constitutional order, at least through his gestures here, as shown that he is not believed in the constitutional order that he has sworn to an oath. he only believes in the political and ev social domination of people who share his extreme beliefs. i think it is very difficult to draw any other conclusion from these incidents at this point. >> we haven't heard what fight e of the neighbors might
12:19 am
facilitate this we might get li the full story. thank you very much. uc our next guest said justice alito could be on the way democrats take over the house. congresswoman alexandria ocasio- cortez will join me right after this. .
12:20 am
12:21 am
why choose a sleep number smart bed? can it keep me warm when i'm cold? wait, no, i'm always hot.
12:22 am
sleep number does that. now, save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add any base shop now at sleepnumber.com norman, bad news... i never graduated from med school. what? -but the good news is... xfinity mobile just got even better! now, you can automatically connect to wifi speeds up to a gig on the go. plus, buy one unlimited line and get one free for a year. i gotta get this deal... i know... faster wifi and savings? ...i don't want to miss that. that's amazing doc. mobile savings are calling. visit xfinitymobile.com to learn more. doc?
12:23 am
while trump has been campaigning a lot in the greater new york enter paulden area because he can't really venture too far from the courthouse he is required to appear in every day for his criminal trial, two weekends ago he took this ball and chain campaign into wildwood, new jersey. the crowd not as big as the trump campaign planned, no surprise. it is not surprising that lots of people came out because again, there is millions of people in the metropolitan areas and there is millions of trump voters. tomorrow he is doing a really were i grew up, in the bronx of all places are kind of outreach to working-class voters of color that there has been pulling that they're moving towards the republican party
12:24 am
towards trump recover, when the new york post ran a story with the state media-esque headline about enthusiastic bronx residents ready to welcome trump, the people they talked to included this white 70-year- old italian-american guy that owns a seafood store in the bronx. okay, fair enough. then a white woman from westchester county, which is definitely not the bronx, two more white guys also from westchester county, from anyone not familiar, the bronx is yellow on this map, westchester, shaded red, is north of it. white, affluent suburban county. quite apart from the bronx. which is primarily latino, black, and working-class. 61-year-old guy who does live in the bronx and did not know about the rally saying, quote, wow, oh boy, that is interesting. it's not far from where i live. i'm going to look online to see what this rally is all about. enthusiastic indeed. now is someone who does
12:25 am
represent parts of the bronx. alexandria ocasio-cortez. it is good to see you. congresswoman, i should note the rally is technically just to be clear on the district lines. what do you think about a big donald trump rally in the bronx? >> i mean, i think, as you mentioned earlier, this guy is stuck in court. and let's be very clear about the fact that he is stuck in court over hush money payments for, in order to quiet the story about him having sex with stormy daniels in the lead up to the election. and i think that because he is stuck on so many charges around fraud and these payments, he is stuck in a pretty tight radius of where he can go. new york city is blue, brooklyn is blue, brooklyn is blue,
12:26 am
queens is blue, the bronx is blue and he's got nowhere to go so he decided to come to the south bronx. he is broke, he needs to pay these legal funds and busing people in in order to get those donations so that he can funnel them to his legal fees is kind of his business right now. >> i will say, quintana park is quite nice. i think it once had a reputation for being pretty ragged and i'm hoping that the many people coming down from westchester can appreciate the beauty and the splendor of our borough of the bronx which is indeed a beautiful place >> i can tell you that the green new deal investments that we have secured through community project funds have absolutely beautified everywhere from crotona park and -- please spoken like an incumbent running for re- election. let me ask you this, congresswoman. we just had this news about samuel alito. and i think all of us are sort of, there's a little bit of banging your head against the wall. like okay, what now? and i am feeling like the further decision to fly these
12:27 am
flights feel taunting. you could just not do it. you just sit in your house. you don't have to fly any flags. you've got a lot of power. what do you see as your role as a democratic member of congress and a democratic house majority with respect to this court, specifically alito? >> well, i don't even think that we have to wait until we have a democratic house majority because we have a democratic senate majority and this is a, this is an alarm i have been sounding for quite some time now. i think that what we are seeing here is an extraordinary breach of not just the trust and the stature of the supreme court but we are seeing a fundamental challenge to our democracy. samuel alito has identified himself with the same people who rated the capital on january 6th and is now going to be presiding over court cases that
12:28 am
have deep implications over the participants of that rally. and while this is the threat to our democracy, democrats have a responsibility for defending our democracy and in the senate, we have gavels, there should be subpoenas going on, there should be active investigations that are happening, and i believe that when house democrats take the majority, we are preparing and ensuring to support the broader effort to stand up our democracy. but i also believe that when democrats have power, we have to use it. we cannot be a perpetual campaign mode, we need to be in governance mode, we need to be in accountability mode with everything that we have. because we cannot take a senate majority for granted, a house majority for granted, or a white house for granted. every single minute matters and
12:29 am
we have to use our power where we have it. >> i want to play an exchange that you had last week on the oversight committee. got some attention, as you might imagine between you and marjorie taylor greene. i will play it for you, take a look right now. click i think your fake eyelashes are messing up. >> hold on. >> order. >> i do have a point of order and i like to move to take down ms. green's words. that is absolutely an acceptable, how dare you attack the physical appearance of another person. >> are your feelings hurt? >> oh girl, baby girl. >> oh really? >> don't even play. >> baby girl? >> we are going to move and we're going to take your words down. >> i second that motion. >> i would like to get your thoughts on that exchange right after we take a quick break if you will stay with me. please sure thing. >> okay.
12:30 am
only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine. memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our memorial day sale. visit purple.com or a store near you
12:31 am
12:32 am
12:33 am
12:34 am
club joined me again, congresswoman alexandria ocasio- cortez. the house oversight committee had that exchange with marjorie taylor greene. sometimes you, there is a fair amount of theater performance on capitol hill but also a sense that you come in that moment, genuine outrage at what was being done. what is your take away from that moment and more broadly, the kind of culture of the place that seems to cultivate those sorts of things mostly yeah, well first and foremost, i know that, and of saudis clips going around that were often highlights of what had happened.
12:35 am
but a lot of that was a result of structural changes that republican decided to make real- time to essentially throw out the house handbook that frankly, and the house rules for committee guidance and for committee content through a vote . there was actually a procedural vote in which every single republican went down the line and decided to vote that the comments that marjorie taylor greene, the disgusting, she made about represent the crockett were in fact, above board and acceptable, which is rather unprecedented in the house. these rules are, they were established in the 1800s, shored up in the 1800s after the caning involving charles sumner in the senate, precisely designed to de-escalate a political culture of violence, when things get too hot. in fact, when i was a freshman
12:36 am
coming into the house, the rules were so widely respected that there would be motions to strike a member's words even if they just spoke to the second person and used the word you instead of the gentleman from so-and-so. so marjorie taylor greene, her actions, like the ogre in that role, is not surprising. what is surprising is chairman comber allowing that to be the conduct of, and not just him, but every single republican surprisingly, except for representative lauren boebert actually took it i think the fact that she has been subject to so much vitriol herself may have to do, may have something to do with the fact. i don't know. but it could have something to do with the fact that as women, we understand that the vitriol that, especially happened. and if you don't want to catch any, then you shouldn't have any. and i think that is what presents dave green encountered on friday. if you don't want to know, start none. if you're not going to respect
12:37 am
the rules then it is going to come to you. >> you have been very critical of the biden administration's stance on israel and gaza. also quite strenuous in your endorsement on the biden-harris ticket. sort of balancing those two, at the top of the list of priorities, there is specific actions, specific things the biden administration is not doing now that it should be doing that they have under their control. >> i think this right here is an excellent question. because there are things that are within our control when it comes to the bombardment and the outright famine that is happened, that is reciprocating in gaza and the unfolding genocide in gaza and their things that are not in our control that netanyahu government is just barreling ahead towards. for example, i do not believe that it is constructive to invite prime minister netanyahu to a joint address of congress. and many foreign leaders use this opportunity to lobby the entire congress and the u.s.
12:38 am
government for their own needs or for a certain view of their priorities. and i don't believe that that is a constructive role for us to be playing right now. i believe that we should be more thorough in enforcing a red line at rafah. i believe that while there was one individual weapons transfer that was blocked, i think that we could be doing more to be investigating this. i believe that the sanctions, with respect to the west bank, we want to make sure that we are fully enforcing each and every one of the laws that we already have on the books in order to rein in the aggression as well as, i think, the extraordinary incentive that the netanyahu administration has to continue its campaign in rafah. they themselves have their own political pressures that they are responding to and i think that is both domestic and international and we had to make sure that we are not
12:39 am
playing into that hand, either. >> last question about the international criminal court. obviously you mentioned netanyahu, there was an arrest warrant issued for him. the mastermind of the military ring of hamas who oversaw the operation on october 7th. there was bipartisan calls in the senate to work on legislation to essentially sanction the international criminal court for that arrest warrant towards netanyahu, not towards. antony blinken said he would be amenable to working with a bipartisan group of senators to drop legislation. would you be interested in bipartisan legislation to sanction the international criminal court for its arrest warrant? >> absolutely not. absolutely not. i would associate myself with some of our strongest allies, as well as other members, even within the united states congress that assert that and respect the independence of the courts, the independence of the icc and what i find
12:40 am
particularly disturbing about this attack on the icc is that there is no particular set of evidence that has been presented by any member of any party as to any sort of reason why the icc's conclusions are wrong or corrupted or the process may or may not have legitimacy. in the back that we are simply attacking a court because we do not like his conclusion, without any evidence to support that case creates, i think, and opening of hypocrisy and it could potentially be a gift to adversaries of the united states. because what events putin, what prevents individuals from other authoritarians around the world from also disregarding an international body from trying to create accountability for
12:41 am
war crimes anywhere else in the world? we have a responsibility in this moment to advance democracy and shore up democracy, not just here at home , but in order to be an example of a functioning democracy and upholding structures of democracy globally. in attacking the icc is the exact opposite of what we should be doing right now. click congress, alexandria ocasio-cortez, thank you so much , always a pleasure. we thank you. still to come, does donald trump want to ban contraception? the ongoing fret for reproductive rights, ahead. (♪♪) try dietary supplements from voltaren, for healthy joints.
12:42 am
12:43 am
12:44 am
12:45 am
12:46 am
conservatives husband much of prez joe biden's turn single- mindedly being the old invasion drum. the idea that america is being destroyed by migrant crossings at the border. intensified propaganda. i will say that propaganda was helped greatly by the fact that in recent years, record numbers of folks were being apprehended by the immigration customs enforcement at the border. people seeking asylum, and it was something that really broke through in the mainstream political conversation. i think a large part at least because there were so many folks at the border. so if you're like me, you may be wondering, well where do we end up on that? what goes on with that? because i don't feel like i have seen quite as much as x
12:47 am
essential order threat in recent months. it hasn't answered, since the beginning of 2024, border apprehensions have dropped quite a bit, according to data from the u.s. customs and border protection. 300,000 last december two almost have some number last month. numbers have declined every month since february, some of the lowest number since biden took office. cbs news immigration reporter noted yesterday, is to be a month when migrant crossings spike, but the remarkable low this year continues. data he saw showed that border patrol apprehended about 3000 migrants on monday, way down from april's average of 4000 and december's average of 8000 the date. the biden administration has worked to extend legal migration, they have been deporting more people in mexico has ramped up
12:48 am
enforcement efforts on inside of the border including making asylum seeking harder for those trying to get across which human rights activists say is hindering many more of the asylum seek's. but again, those are policy debates. the facts are facts. border crossings have dropped by a lot. and they have stayed much lower over the past four months. have you heard that anywhere? honestly, have you heard that anywhere? let's check in and see how this is all played out on fox news in the past. >> the biden administration refuses to reveal terror watch list, and nationalities as illegal immigration explodes on his watch. >> the open border has been courtesy of this president and his dhs. clear exactly right, this open border policy has just thrown it all wide open. >> increasing numbers are getting more aggressive. >> we watched men from the
12:49 am
middle east and asia pouring in here, very nonchalantly. >> the numbers are staggering look at the chinese migrants encountered. >> chinese nationals. >> chinese illegal immigration. >> over and over using this pattern. nursing astronomical numbers and they are terrifying. i will tell you exactly what is going to stop: americans get out and vote and they give us a new president beginning next year. >> doesn't mean any difference. they just keep beating the drum. maybe it is working on the american public, it is the same public that tells pollsters that crime is a top or a even though violent crime has dropped by historic levels for two years in a row. americans perceive the economy and unemployment as historically bad even though the economy has grown for seven straight quarters, unemployment at lows not seen since the 1960s and now the border crossings are way down, too. but if you are one person who consumes the new or you read the papers every day, you might not know that fact. if you watch fox news everyday
12:50 am
you wouldn't believe it. ve it.
12:51 am
12:52 am
12:53 am
12:54 am
i figure at least hope everyone understands their two coalitions in america, there is one that wants to criminalize and restrict abortion one that wants abortion to be legal. the republican party, donald trump supreme court justices overturned the right to abortion, as trump continues to brag about overturning roe and putting abortion access back in the hands of the state, republicans across the country are trying everything they can to make sure that no woman anywhere in america can have an abortion at any time, full stop. and they won't stop there. here's what happened yesterday when trump was asked about access to not abortion, but birth control. >> do you support any restrictions on a person's right to contraception? >> you're looking at that, and i'm going to have a policy on that very shortly. and i think it is something that you will find interesting and it is another issue that is very interesting. but you will find it very
12:55 am
smart. i think it is a smart decision. >> that is suggested that you may want to support some restrictions. like the morning after pill or something? >> we are also, things really do have a lot to do with the states. >> it is astounding. first of all he doesn't even understand what the issue, where enough, care enough to say when we're looking at that. first control is huge in newsmaking moment. and he tried to clean up his social media screen. here's the thing, cannot talk himself out of this unless the media away. here's what is happening on the ground, okay? republicans have their site on drugs mifepristone, which have been around for decades. yesterday, louisiana house, of course, dominated by
12:56 am
republicans passed a bill putting those pills in the same categories opioids, depressants, and other drugs that can be highly addictive. they will keep doing this everywhere they can, particularly if they win control of the entire federal government. constitutional law and global health policy, university law center, author of placing the room will and she jointly now. at some level, professor, i think you can't read too much into and on those bonds to donald trump because that is wrote when he is completely out of his depth but it seems to me you can read into what the movement that has got rid of abortion in, got rid of abortion protections wants to do around contraception and medication abortion. where do you see that headed? >> well, and the dobbs decision, keep in mind that justice clarence thomas wrote a concurring opinion and he put as a target, contraceptive access and as well as lgbtq+ equality.
12:57 am
the only exception that he thought should stand in dobbs is interracial marriage. something that is important to his own personal life and keep in mind, as well, that donald trump did more federal judges than any other president, save george washington. biden is trying to make, this is not just a matter of what donald trump will say. of course, he is kind of catch and kill on this, too. and that is not hyperbole and terms of the women's life that will be affected by unwanted pregnancies, considering that the united states has the highest level of maternal mortality and maternal morbidity in all of the developed world. you are more likely to die carrying a pregnancy in the united states than in saudi arabia. so it doesn't matter in some ways what donald trump says because what he has already done is a dog whistle that sets all of this in motion. >> well, there is also, now that roe has been overturned,
12:58 am
there is an open question about sake, for instance, this comstock act, passed in the height of victorian panic around women's sexuality and in the 1880s, if i'm not mistaken. it basically says, look, all mailing of all contraceptive material whatsoever through the post is criminal. and there is a set of conservatives who are proposing to basically revive the law and start enforcing it on day one with no need for any kind of law making its way through congress. >> there is a through line between america's history with and racial aggression and the comstock law and, as well, arizona's 1864 abortion ban. keep in mind that the parties that sought to ban abortion were white nationalist. people who expressed their deep concern and reservation about the abolition of . these are
12:59 am
individuals that believe that the united states should stay with a power a majority of whiteness and particularly in places where it looks like black people could become free. so you should never lose sight of what the original impetus were for antiabortion laws. the pilgrims activist abortion so this is deeply rooted in american history, it is not true. it was deeply rooted at a time that sought to keep and fight against abolition. so that is the history associated with comstock. we do think there is a tangible threat of, i mean, as legal theories, things that seemed, you know, crazy, have gotten further than one might imagine. for instance, the federal district court, a single right wing judge issued a nationwide injunction for mifepristone. the threat that what is today radical becomes tomorrow's
1:00 am
conservative consensus? >> and this is what is so horrific about this. a lot of this is rooted in a civil rights pathology, a civil civil liberties methodology. a methodology that is true to the united states constitution. none of that at all. in fact, it is rooted in matters of fear and a kind of cruelty that is being inflicted against women and, let's be clear, amongst the women that this is being inflicted on our amongst the poorest of women and also we should keep in mind, children, too. girls who have been affected by this antiabortion lawmaking, including girls that have fallen the m2 incest and rape and who are now mothers at 10, 11 years old. >> appreciate it. >> thank you. that is all in on this wednesday night. good evening, alex. >> good evening, my friend. we're going to start the place that