now, to be sure, democrats cursed the former president's name when he was in office, too. but the number of elected officials who are embracing this phrase in very public ways seems to go beyond what we saw then. and they're not merely tolerating this vitriol among their voters, they are encouraging it, erin. >> absolutely, tom. thank you very much. and thanks to all of you for joining us. "ac 360" starts now. tomorrow's election for governor of virginia could be one of the most consequential since the last presidential election and especially for what it might say about the next one as well as the midterms next year. democrat terry mcauliffe and republican glenn youngkin are the two candidates. they are the ones on the ballot. but donald trump and trumpism might just as well be as president biden and his legislative agenda. the president is now polling about as badly as the former president ever did, so terry mcauliffe has that to contend with. making tomorrow a test, perhaps

larger democratic agenda and the president's fading popularity. glenn youngkin has the former president, who in this hour is expected to take part in a telerally on his behalf. youngkin accepted an endorsement from him and embraced him during the primary but is keeping him at arm's length now with a message former republican strategist rick wilson has called running trumpism through the car wash. the closing themes of his campaign today were the opposite of maga red meat. >> friends, this is our moment to recognize that we're going to build, together, a different virginia. a virginia that sorars, not one that settles. >> as for terry mcauliffe, the former governor, he pointed to a list of achievements in office but made donald trump the focus of his closing argument. >> there is a difference in this election. i am running against -- i like to say donald trump in khakis or a sweater vest. >> so, that is the backdrop, cnn chief national correspondent,

john king, starts it off tonight at the magic wall. so what are key parts of virginia to keep an eye on as we head into election day tomorrow, john? >> you mention this is a very consequential race for the commonwealth but also for the national implications. tomorrow, we will fill in this map. it is empty tonight. the candidates even. let's use 2004 -- 2020 excuse me for little conversation of how we got here. i said 2004 because that was the last time a republican carried virginia. but joe biden won by ten points. one year after joe biden won virginia after ten points, how can a democratic candidate be in such a close race? a tossup by all accounts and republican enthusiasm off the charts. you mingzed this at the top. this is one reason, anderson, right here. terry mcauliffe is not joe biden but he is a friend of joe biden. he is a known national democrat part of the washington establishment when the president goes down, the democrats go down with him. 57% approval rating in february. this is the reuters-ipsos poll. it's about the same. 44% approval rating now as virginia voters prepare for election day tomorrow.

51% disapproval of president biden so what does that mean? it means republicans are energized. it means independents are up for grabs and it means democrats are discouraged so for all the blue in the big areas where people live in this state, that is why joe biden has had to do this in the final days of the campaign. he has brought in the president and vice president up here in the northern suburbs. the first lady, richmond suburbs. stacey abrams, african-american voters down in the southeastern corner of the state. they are nervous in a state, again, they won by ten points just a year ago. so the democrats are nervous. why? because youngkin does have a chance here, anderson. let me turn this off and come to it. how does he do it? no room for error. glenn youngkin, you mentioned trump. he has to get this trump base. see all this red out here? trump ran it up out here hugely. you go through these county, trump 71%. trump 71%. trump 73%. however, they are not as populated so glenn youngkin cannot lose the trump base. but even he if he gets it all, it's not enough to win. he has to do something republicans have had a huge

problem with in the trump years, which is deal with trump's toxicity in the suburbs. the population shifts in virginia have been largely up here. if you go back to 2004, run you back the last time a republican won. i will just show you this is the george bush win. notice, the red in the outer suburbs around washington, d.c. loudoun county, manassas, prince william county. george w. bush could do it down there. he did it around richmond as well but in the donald trump ages, republicans are toxic in the suburbs. glenn youngkin's got to run it up down here and somehow that's why he's been talking about schools and about parents' choice cut into what is a huge democratic advantage there. >> in terms of timing, what can we expect to start seeing returns tomorrow? obviously, early votes, mail-in ballots could be a big factor. >> you are not going home early if that is the context of your question, anderson. i would expect a very long night. i say that because number one, you have a close race. number two, we have another unusual covid era election as well. you mentioned the early voting. virginia does not have a history of early voting, really, until the covid election of 2020. in the last race for governor,

shy of 200,000 votes cast early. we have more than 1.1 million. this is as of sunday. monday was the final day of early voting. and so, you have when early voting closes so 1.1 million votes to be counted so what does that mean? remember 2020 when, early on, some of the early votes came in first, right? and, you know, in some states, that means the democrat jumped out to a huge early lead. joe biden was leading in ohio. joe biden lost ohio. joe biden lost texas so we are going to have to hang in there tomorrow, anderson. each county can do as it prefers but here is a very likely possibility. the early votes counted in most places counted first. democrats think they have an advantage there. joe biden -- i mean, terry mcauliffe, excuse me, jumps out to a big lead but then we have to wait. normally, in every other recent virginia race, it is the republican who jumps out early because these counties count first. that could be different tomorrow. the key word here is patience. hang in. we are going to have to count them late. >> john king, appreciate it. thanks want to get perspective now from james carville. also with us, cnn chief political correspondent, dana

bash, who is reporting from virginia just this weekend. dana, you have been covering the race closely. where do you see it head snd. >> anybody's guess. one of the things john was pointing to were that the suburbs around where i am in wash d.c. and the key question is whether or not glenn youngkin can change the -- the -- the unbelievable trajectory towards the democrats in those areas. and this is just anecdotal. i was 7:30 in the morning on saturday, anderson, at the farmer's market in alexandria. james carville knows that well. he use d to live, i think, not too far from there and it was packed not for a terry mcauliffe rally but for a glenn youngkin rally and that is an area -- zal al alexandria -- where joe biden won by 80%. 8-0 percent just last year. if that kind of enthusiasm, anecdotally -- i am obviously conceding that and that's very important -- can translate into

election day, then terry mcauliffe could have a really big problem because those are the areas where democrats are really relying on getting out their vote. >> james, you are a mcauliffe supporter. you helped fund raise for him. many other democrats, as well. how concerned are you and how important is tomorrow? >> well, i'm very concerned. it's a very important race. i really want to win it bad. if -- if we lose, i will be profoundly disappointed. i think john and dana have done a -- a -- a good job of setting a table of what's going on. i would say and i don't know how determinant this is but i have seen exhaustive analysis of the early vote and -- and that does not portend for any republican tie in virginia. now, maybe democrat vote earlier and more often than republicans but there is 1.1 million ballots in that by every analysis i see that are quite favorable to terry but we got 2 million more to go so we'll see. and dana and -- and john do a typically great job and these suburbs are going to be all

critical. critical. >> we should point out that is a live rally that terry mcauliffe is having there in fairfax, virginia. but i mean, senator manchin's press conference today all signs are pointing to the house voting on both those bills this weekend. if that is more or less resolved very soon, do you think that democrats can actually unite with a cohesive message for the midterms and beyond, james? >> well, first of all, you point out i sent 47 e-mails on behalf of terry mcauliffe. i probably send e-mails as much as any three people in the democratic party and i am not going to send another one or ask anybody for a dollar until they vote on this and pass it. and i think every democratic donor ought to say if you give $25, tell 'em i will give 50 but i'll give it after this is passed. i have no idea who is right or who's wrong in this. but we got to move this thing and, you know, right now, i think this economy is -- is really good. it really favors workers and we got to come in and -- and -- and finish this deal. and get this thing done and i --

that -- that's my way of -- of doing this. no more -- no more -- no more -- until we get this thing passed and done. >> dana, i mean, obviously, you hear some frustration from james there. how much do you think the stalemate on capitol hill over the president's agenda, lack of vi victory on those two major bills is hurting terry mcauliffe? >> well, i will just answer that by telling you what terry mcauliffe says. a lot. he's been screaming from the rooftops saying do this. that the dysfunction among democrats in washington is really hurting him. i mean, he's crystal clear about that. not just in private but in public. and there are several reasons for that. one -- one of which is that because we talked about where virginia is, it is -- a lot of the voters are in northern virginia, suburban washington. so, they're very much attuned to it. but it's also just broadly about

the notion of democrats being able to govern. he is a democrat asking voters in the commonwealth of virginia, allow me to come and govern. and if people are, um, not enthused about the idea of democrats being able to do that, this is -- again, this is terry mcauliffe's point of view, clearly, then it is harder for him to get people to say i am going to go out there, especially when there's some apathy about just politics, in general, right now. and this is one of the reasons for the apathy a lot of people including terry mcauliffe believe. >> james, you have been ra rai raising concerns about the democratic party being too far left for quite some time. getting to some heat for doing that. do you see that impacting this race? i mean, is that part of the problem here? >> yeah. be more precise -- my -- what my critique is not i consider myself a liberal. i think some of this language stuff is just silly and i think people view it as -- as being just silly.

and what terry does iss, you kn he really focuses on people and their problems and dana is exactly right. he's expressed the same frustration publicly that he's expressed to me. and it'll just make me sick if we pass this thing next friday and we lose virginia. i -- i -- i certainly thing we're -- in virginia. i see some more favorable sides than other people do but it's a very, very close race. but my critique is more with language and less with ideology. >> but i mean, james, this race should not be as close as it is i mean if you just look at on paper, president biden beat president trump by ten points in virginia. >> well, you know, anderson, it doesn't line up like that. since 1965, with the exception of one time and that was terry in 2013, the party that won the white house loses the virginia governorship. and you are faced with a little bit of a different electorate. and i don't think the democrats have done near good enough job of talking about how really good

this economy is for workers. i mean, you look at the quit rate. man, it's good and workers have more power now than they had at any time in this century. and i do think that our communications -- i think the white house communications have been bad. i'm very critical of people like myself that have access to shows like you that i haven't framed this work well and i blame cnn and "new york times" and everybody else. we have focused on -- all we talk about is presidential approval and inflation. we don't talk about wage growth. we don't talk about the power that workers have now. you know? it -- and we don't talk about sufficiently enough for how this economy is poised for a really good recovery. so i'm critical of myself. i am critical of the white house. and i'm critical of -- of -- of the media and i'm not a typical me media basher but there is a lot of good news in this economy and we we're not getting it out. we got to do a better job i think. >> james carville, dana bash, appreciate it.

thanks. lot to watch for tomorrow. coming up next, more on the role the former president's playing as a surrogate for one side and object of fear for the other. also, what he doesn't want us to know about his role in january 6th. some fascinating details about what we are just learning now about the documents that he is trying to keep away from congress. and later, the supreme court taking up the texas six-week abortion law with some surprising statements by two members of the court's conservative wing. we will talk about what that may mean for challenges to the law. . that takes wealth. but this is worth. and that - that's actually worth more than you think. don't open that. wealth is important, and we can help you build it. but it's what you do with it, that makes life worth living. principal. for all it's worth. as someone who resembles someone else, i appreciate that liberty mutual knows everyone's unique.

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to improve skin 3x better, from dry and dull to firm and radiant. with olay body, i feel fearless in my skin. looking to a live shot of glenn youngkin rally in leesburg, virginia. we showed you video of a terry mcauliffe event before the break. we are talking about the fact that tomorrow's election could have so much more to say than simply who will be the commonwealth's next executive. even those are deeply affect by larger matters and all of it by proxy pits a less than popular president against a less than popular former president. in a statement today, he sought

to eliminate the distance youngkin has been trying to keep from him saying quote this is not true. we get along very well together and strongly believe in many of the same policies. as for the doubt he's been casting on the electoral process in virginia and elsewhere that continued but with one twist, he is no longer suggesting people should stay away from the polls. quoting again, i am not a believer in the integrity of virginia elections. lots of bad things went on and are going on the way you beat it is to flood the system and get out and vote. for more now on the effect he might have tomorrow and beyond, barbara comstock of virginia, a charlie dent of virginia. congresswoman comstock, the former president saying he doesn't believe in the sbintegry of virginia elections but that everybody should go out and flood the system. it's a very different approach. it's a smarter approach from when he previously encouraged republicans not to vote. dishonestly, saying the system is corrupt. i mean, is that going to work? is that going to help this time you think? >> well, i think the drudge

report has the correct headline today. it said youngkin is winning without trump. he is winning despite trump. and he is winning because he brought diverse parts of the party together. i think as you know, charlie and i are not trump fans. we're anti-trump. we don't want to see him running again. but glenn has been somebody who has focused on issues. he is competent. while washington and democrats look pretty incompetent, he's serious. while terry mcauliffe looks kind of light and -- and not heavy on policy and he is focused on issues like public safety, education, and the economy that are strong for traditional republicans' wheelhouse. so i commend -- this race isn't about trump which terry tried to make it about and he -- and it's -- i think that was a mistake because people can look at glenn and see he's not like trump. he is an affable, nice person that you'd have over to your house. he unites people, and brings people together and he's very serious in competent so i think

it's going to be a very different approach for republicans and i hope others will follow his lead because i think he will be winning tomorrow night and i commend him. >> congressman dent, i mean, was youngkin, i mean to win the primary, was he aligning himself closer to trump than distancing himself? or has there -- or how do you see it? >> i think youngkin has done a pretty effective job of straddling this fence. look. he obviously got -- probably got closer to trump than he wanted to in the primary. but he's certainly put a stiff arm on donald trump right now. and he -- there's nothing more trump -- that youngkin wants than to keep donald trump out of virginia. and the truth is this election is a lot less about donald trump. it's much more about the party in power and that's the democrats and joe biden with joe biden's sinking approval ratings, that is depressing democratic turnout in some key demographics. that's the challenge for democrats and it's pretty hard to paint this guy, youngkin, as

trump. i mean, they are just so different in so many ways so i think right now that youngkin is well positioned. all he -- he just needs to -- he just needs to perform at an adequate level in the d.c. suburbs, richmond area, and norfolk suburbs. if he out -- if he does much better than gillespie did four years ago, he should be well positioned to win. i'm not making any predictions. but he is -- he's well positioned. the energy, the enthusiasm is on his side and mcauliffe and the democrats are playing defense. >> congresswoman, as -- as a republican who doesn't like the former president, does this give you hope about the future of the republican party? i mean, for a lot of folks in your position, there hasn't been a lot to be hopeful for in terms of the power of the former president still looming large over the party. does someone like youngkin -- is that going to be a new model for republicans in swing -- swing states going forward? >> well, i certainly hope so and i think particularly with governor's races, it's always about your state and it is a

different dynamic. we have governor hogan in maryland. we have governor baker, republican in massachusetts. we have some great governors out there that aren't necessarily getting involved kind of the mess in washington. and they are displaying competence and i think that's what, um, say, governor ducey in arizona. he is pretty popular. now, trump has attacked him but i certainly hope glenn winning will be -- will get him to maybe -- governor ducey take a second look at running for the senate. you have governors, like gover governor sununu in new hampshire. glenn ran as his own man. he didn't bring in a bunch of surrogates. he didn't bring in a lot of other republicans. he just ran on virginia which he is born and bred here, lived all across different parts of the state. and then, ran on issues that people were genuinely concerned about and you cannot underestimate the power of terry mcauliffe's gaffe talking about parents shouldn't be involved in their education. particularly, in the suburbs

where parents are two-income parents are paying high, you know, mortgages and paying a lot to have their kids in these good schools and terry tells 'em, hey, you know, stay out of here. what do you need to be involved? that has resonated. he's unfortunately doubled down on it and i think while you have all the other problems in washington, he's had his own mistakes here and it's important to remember, back in 2013 when he won under 50% very narrowly. it was when he had the wind at his back and he had a government shutdown. i was on the ballot then and it was hard to survive what was republicans shutting down the government and a very unpopular governor candidate that republicans had that year in '13 when terry ran before. so i think this is much different, and he had no idea na that he was going to have such an engaging, affable, competent candidate who i think is really turning the pam from the trump years. >> barbara comstock, charlie bent, appreciate both your times. >> appreciate it. we are going to have full coverage of the race and other

races tomorrow night at cnn. special coverage, live coverage starts tomorrow at 6:00 p.m. eastern. hope you join us. still ahead. we have new details about documents former president is trying to keep hidden from the january 6th committee. plus, we will hear from a man who was a direct target of the former president's election lies, georgia's secretary of state brad raffensperger joins me ahead. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! ( sighs wearily ) here, i'll take that! ( excited yell ) woo-hoo! ensure max protein. with thirty grams of protein, one-gram of sugar, and nutrients to support immune health! ( abbot sonic )

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new information tonight about the former president's attempts to stonewall the january 6th committee. according to a court filing from the national archives, the former president has asserted privilege over more than 800 pages of documents or almost 800 pages of documents related to january 6th. the documents include phone logs and handwritten notes which could reveal some of the most closely guarded facts of what happened between the former president and other high-level officials on that day. house investigators argue the former president has no right to keep these documents confidential. citing the committee's need to reconstruct his efforts to undermine the 2020 election. meanwhile, one of the only two republicans on the committee -- congressman adam kinzinger who announced last week he is not running for re-election is pasting his fellow republicans for continuing to go along with the former president's lies. >> i think the republican establishment now -- whether it's the nrcc, whether it's kevin mccarthy, have held onto donald trump. they have continued to breathe life into him, and so actually, it's not really handing a win as much to donald trump as it is to

the cancerous kind of lie and conspiracy not just wing anymore but mainstream argument of the republican party. this is not on, you know, the ten of us that voted to impeach. it's not on liz cheney and i to save the republican party. it's on the 190 republicans who haven't said a dang word about it and they put their head in the sand and hoped somebody else comes along and does something. >> joining us now is georgia secretary of state brad raffensperger who was on the receiving end of those lies, as well as threats. also the author of a new book "integrity counts." mr. secretary, appreciate you joining us. you heard congressman kinzinger there saying it can't be up to him and congresswoman cheney to save the republican party. you were one of those people who is a loyal republican who did stand up when it mattered most. how does integrity get restored into the party whose electoral strategy is now largely still based on this whole lie? >> evening, anderson. well first off, i wrote "integrity counts" to set the

record straight. it is a fact-based book. i am a structural engineer so i am good with numbers so i provide you all the data. but the end of the day, when what it gets done it personal s integrity, law enforcement does it every day. election directors do it. i walk that line of integrity and made sure we have fair and honest elections in georgia in 2020. >> i want to play the portion of your call with the former president on january 2nd because i don't think a lot of people can imagine what it's like to be on the receiving end of -- of a phone call from the president of the united states of your own party where he told you that he wanted -- what he wanted you to do in georgia. let's just listen to this. >> so, look. all i want to do is this. i just want to find 11,780 votes, which is one more than we have because we won the state. >> it -- it's -- i mean, you know, it's not new sound but

it's still just chilling to -- to read the entire call in the book. you annotate the whole thing. you were very candid about that conversation. at what point did you feel threatened, that things were really going off the rails? >> well, i knew that we had the data on our side. and that's why on january 6th what i was doing was writing a letter with my general counsel who i sent up to congress, a ten-page letter detailing every single allegation. they said that there was 10,000 dead people that voted. it was less than five. they said there were 66,000 underaged voters. there were zero. they said there was thousands of felons that voted. there was less than 74. there was no unregistered voters that voted in the state of georgia. zero. and so, if you look at all that, it just never added up to enough that would overturn a race. but what i am sharing with people today, three data points that help them understand what really happened. 28,000 georgians skipped the presidential ballot. skipped the presidential ballot. did not vote for anyone. joe biden, president trump, or joe jorgensen.

but yet, they voted down ballot. and david perdue, our senator. he got 20,000 more votes in metro atlanta and also athens than trump did. that tells the whole story right there. >> and that tells you what? that tells you that president trump -- there were people who were loyal republicans who didn't want president trump but who were loyal republicans? >> it shows you that we did not turn out as republicans, we did not turn out the vote for the president at the top of the ticket. now, secretary of state, our job is to make sure that we just tabulate the votes that everyone has exercised with their free-will choice and that is what he we did and at the end of the day, president trump did come up short. i look at it and that's what in my book, detail by detail with ten pages of footnotes. everything, you can take a look at. it's the fact. >> you cannot read your book and not come away with any belief that there was fraud in your state. i mean, it's just -- it's -- it -- the facts do not lie. the fact that the former

president is now trying to block hundreds of pages of documents from the january 6th committee, do you think the public should be kept in the dark about what he was doing during the insurrection and the days before and after? >> well, that will probably all come out. but my job is really to make sure that i get out and tell my side of the story and get that out there. we had a maybe 40,000 twitter followers. he has 80 million. and so, there's so much misinformation, disinformation that got out there. urban myths that are still out there circling the internet. and so, we want to make sure that i can answer all those questions and that's why i did a fact-based book and i am more than happy to share any detail if people ask me. i will pull it up and say let's talk about that. president trump did not carry the state of georgia. >> has the january 6th committee reached out to you about your call with the former president or any other matters? >> well, the -- they have but they -- they really don't need to because it's out there in the public domain. anyone can listen to it. it's right out there. just google it it will pop up and you can listen to the entire one hour and ten minute conversation and every person in

america -- they can then make their own determination of exactly what was said and wasn't said. but i also put that in my book like you said and i made oenkz oe observations and corrected some falsehoods. obviously, he had been fed erroneous information and we want today make sure he had no doubt he came up short as far as we had the numbers to prove that he was not the winner in the state of georgia. >> you know, looking at the future, how concerned are you as -- as a loyal republican, a loyal american, about election integrity? about where we are going as a country just in terms of people's refusal to look at facts? refusal to, you know -- to -- to -- i understand people being upset about things and not getting the candidate they wanted but about basing it on false information. >> well, anderson, and that's why i wrote the book, also. because this wasn't our first rodeo. when i took office in january

2019, i actually had nine lawsuits from stacey abrams and her side and what they said, she would have won if not for voter suppression. we had record voter turnout and to this day, she has not conceded she lost by nearly 55,000 votes. four years later -- two years later, you are talking about voter fraud. voter suppression, voter fraud. it is the same coin, just different sides. but both of it undermines election integrity, confidence in the election integrity process. and also, really undermines, you know, our trust and destabilizes society and both sides need to knock it off. you run your race hard, if you come up short, you come up short. accept it and move on and come back again but remember in georgia we have fair and honest elections. >> there is a new poll from the public religion research institute that says that 30% of republicans believe that violence might be justified, quote, in order to save our country. how concerning is that to you? >> very concerning. i back the blue. always have. always will. whether it's riots in portland

or up in washington, d.c. at the capitol. i have three family members -- two nephews and a brother-in-law that are in law enforcement. i back the blue when it is on city council, state house, and secretary of state. i will always black the blue. >> brad raffensperger, appreciate your time. up next. the surprising comments from conservative supreme court justices hearing arguments on the abortion ban in texas and what their remarks could mean for the future of the law. and is designed to last for up to 48 hours. with secret, keep it fresh. available in over 10 amazing scents and aluminum free. secret

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two key conservative justices signalled today that they'd allow abortion providers to pursue a court challenge to a texas law that -- that's virtually ended abortion in the state after six weeks of pregnancy. and that would represent an important shift from a 5-4 ruling in september that allowed the law to go into effect. supporters and opponents of the law gathered outside as the court heard three hours of arguments today. the justices have to decide whether abortion providers in texas and the justice department have the legal right to challenge the law which encourages citizen vigilantes to sue anyone involved in an abortion. he joining us now to make sense of it all, cnn chief legal analyst, jeffrey toobin who's also written several books on the supreme court. and former senator wendy davis. you listened to the oral arguments. what do you make of what happened today? >> i took away from it a glimmer of hope. i think a lot of people in texas are feeling that way today. it appears as though, based on the questions asked by some of the conservative justices, they

may allow federal court review of what texas has done. and kick this back to the district court -- the federal district court where -- case was originally filed. and we hope that by doing so, um, that court will be given the opportunity to declare this law violative of the constitutional principles that, of course, it does seek to violate. >> jeff, i mean, obviously, there is a lot of focus justices barrett and kavanaugh as potential swing votes on this. what did you learn today? >> well, what was interesting was that justice kavanaugh, in particular, did not seem interested in abortion as much as he seemed interested in protecting the right to bear arms. let me explain what i mean. is that this law, as you mentioned, allows citizens anywhere -- anywhere in the united states -- to sue an abortion clinic in texas for conducting an abortion after about six weeks.

what -- what justice kavanaugh asked the lawyer for texas was, well, let's say a state like new york -- a liberal state -- says that anyone in the united states can sue a gun manufacturer or a gun dealer for a crime that was committed in new york. would that be permissible under your understanding of the structure of this law? and the texas lawyer said yes. and that clearly concerned justice kavanaugh because, you know, he -- this -- this structure is so free wheeling that it really invites states to make laws that we've never seen in this country. and that's what justices kavanaugh and barrett seem concerned about, as well as the four justices -- the three liberals, plus the chief justice who have already voted that this law should not go into effect. >> senator davis, jeff mentioned justice kagan warned that the texas abortion law could also

lead to other states pass new laws on not only guns but same sex marriage, religious rights. do you think that could actually appeal to both liberals and conservatives? >> i think it can because as jeffrey pointed out, it applies equally across the board. and basically, would allow states to provide citizen-enforcement authority to override constitutional authority. and as the u.s. solicitor general said today, we -- we can't allow the constitution to be that fragile, and we cannot allow laws that are going to usurp essentially the court's authority and the statutory authority from -- from other -- from -- from congress. um, and so, i think that that's what they're going to lean into here. i don't think it's the case that we should take away from this that these particular supreme court justices, these conservatives, have a problem

with abortion regulations. but they have a problem with the particular structure of this regulation. and of course, for the question of abortion, we're going to learn much more about how they feel about that on december 1st when that mississippi case is argued. >> but, anderson, it is worth remembering that even with this bizarre law, you know, which gives, as you say, a vigilante license to anyone in the united states. you know, something we've never seen. um, the women of texas have been denied their rights that have been guaranteed under the constitution for 50 years going into a third month now. so, even if this law gets struck down eventually, and even it gets sent back to the district court, this law has worked in denying women their rights. and that's chilling to think about. i'm sorry, go ahead. >> jeff, senator davis mentioned mississippi. you predicted that kind of direct challenge would come. do today's arguments inform anything about what may happen

with the mississippi case? >> you know, i think the honest answer to that is no. this is really a -- this -- this was really about the procedural aspect of -- of the texas law which is so unusual. the mississippi law is -- is very conventional in its enforcement. it basically says the state will punish you, abortion clinic, if you conduct an abortion after 15 weeks. it's worth remembering that, um, you know, that that would be a clear violation of what the constitution has been understood to mean since 1973. viability is about 24 weeks. y um, the law has said you can't um, ban abortion under viability. 15 weeks is clearly unviable. so, if they uphold the mississippi law, roe v. wade is no longer the law of the land. >> senator davis, what do you think the justices will do on the mississippi case? >> i think, based on what we know of the history of these new trump appointees to the court,

and of course justice alito and justice thomas, it's very likely that they'll take a hostile position to roe v. wade and find a way to uphold this mississippi law. even if that means that they will, um, hold the structure of roe in place, i think, essentially, they'll be gutting its viability standard as jeffrey mentioned. and it's very likely that we are going to see an extreme rollback, if not a complete rollback, of abortion in -- in states where states are hostile to that constitutional right. >> wendy davis, jeff toobin, appreciate you both being here. thank you. up next, from a pilot venting politically on the pa system or a flight attendant punched in the face. a look at the state of what increasingly seems like our distinctly unfriendly skies just in time for the holiday-travel season.

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heading into the holiday travel season more signs of dwindling civility on airlines from a flight attendant being punched to anti-biden phrase on the pa system and more. >> reporter: america's bitter political divide again rears its head on a commercial airline flight in the cockpit. from houston to al beret kerky ended his greeting to passengers with the phrase let's go brandon according to the associated press with reporter on board. let's good brandon is a tongue in chief when a reporter misunderstood a chant from the crowd. >> i think you hear the chants from the crowd.

>> [ bleep ] biden. >> she thought it was let's go brandon, the driver who won that race. since then let's go brandon is openingly being used as by opponents. >> let's go brandon! >> south carolina, congressman jess duncan wore a face mask on the house floor with the phrase. >> this is another example of mean, encoded language being used to signal alignment with conservative values. >> southwest airlines issued statement saying southwest does not condone ploy autos sharing not condole employees sharing their personal pnz on the job and they're looking into the event this is not the only incident on commercial airline recently united sent a memo to all pilots telling them not to use the emergency frequency they

communicate on as their personal pulpit, the memo in reference to the phrase let's go brandon. tensions on commercial flights political or other wise may never have been higher, recently an attendant hospitalized with broken bones in her face from a passenger, and this man chewed on his mask and growled at the flight crew. faa with 4900 incidents of unruly passengers just this year, transportation secretary pete buttigieg was asked about no-fly list for passengers. >> i think that should be on the table. look, it is completely unacceptable to mistreat abuse or disrespect flight crews. >> now as you mentioned, on the flight, when pilot said let's go brandon did she try to sneak

with him? >> that reporter colleen long tweeted later she then and there ask to see if the pilot could comment on what he just send, as a result she was almost kicked off the flight, around the time it landed, she did admit asking them to open a locked cockpit door. also not commenting the pilot's association union didn't want to c comment on the incident. >> couple weeks ago testimony about increasing problems with unruly passengers. any suggestions how to stop it? >> they did, they were visibly frustrating testifying before congress. what they asked for initially that congress do something to curb alcohol to go at airline terminals as the airports. they really want that to be a starting step in this. they're fed up and frustrated with drunken passengers who are getting violent. >> that's amazing, brian todd,

appreciate it. hope people get kinder to one another. up next, several thousand people think nothing of putting themselves on the line to save other from fire are still not rolling up their sleeves to get vaccinated. update on firefighters when we come back. hey google. ♪ ♪ ♪ ♪ ♪ ♪ [uplifting music playing]

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new york city's mayor bill de blasio said his vaccination rate is working with 91% municipal employees vaccinated with at least one dose of covid vaccine and said there's no disruptions of city services despite 2,300 firefighters calling in sick today. many union leaders taking sick days as a result of the vaccine. but saying irresponsible bogus sick leaves making it dangerous for the workers and they are at 77%, emt at 88%, 85%

of the pd vaccinated and the remaining requesting accommodations for religious and medical reasons. city department of sanitation vaccination rate up to 83% from 62%. news continues, let's hand it over to chris for cuomo prime time >> here's our first question. how can president biden say this -- >> -- i believe we'll see bit end of next week at home that's passed. >> -- when he had to know senator joe manchin would say this -- >> political games have to stop and holding this bill hostage is not going to work, getting my support for reck simple ratio bill. none of us should ever misrepresent to the american people what the real cost of legislation is. >> doesn't sound like he's ready