carley: can you to this? this is hard. >> to go for it. pete: we mess with him because we love him. dan bongino, everybody. will: he delivered, he delivered. ♪ [background sounds] neil: it's the calm but still a storm, proit's delawares erupting across the nation for a night of relative outrage despite warnings of potentially much more and much worse as the supreme court puts the power of abortion decisions back in states' hands. we're on top of the fast and furious fallout with alexandria hoff at the supreme court on what protesters are demanding,

lucas pom tom lynnson at the white house -- tomlinson, and virginia republican lieutenant governor winsome sears. welcome, everybody, i'm neil cavuto and happy weekend. so far a happy and, thus far, calm weekend after the supreme court's historic 6-3 decision to essentially gut roe v. wade. let's go to alexandria hoff at the supreme court with how things are looking there. >> reporter: hi, neil. yeah, a few more protesters have arrived over past hour, several dozen now with chants breaking out. but this time yesterday, neil, when that decision came down, the most immediate and audible reaction came from the pro-life side. there were cheers and tears for what they saw as the recognition of life before birth, something they'd been waiting over 50 # years to do. and as the department of homeland security warned of a night of rage, things did remain mostly calm. an american flag was burning here in d.c., similar

symbolic -- symbolic of the anger after the court did undo roe v. wade. the decision now does go to the states. for those who were unhappy, politicians were on standby throughout the day yesterday. >> you see this turnout here? you ain't seen nothing yet. women are going to control their bodies no matter how they try and stop us. the hell with the supreme court. we will deify them. we will be out by the thousands, we will be out by the millions. >> reporter: now, in new york it was estimated that 17,000 people participated in a won in straight there. "the new york post" says just about a dozen i arrests were made related to vapid limb. in arizona the state senate was reportedly evacuated due to a security situation, and police deployed tear gas. protesters also demonstrated outside of the home of justice clarence thomas. justices have now been provided

with around the clock protection. and while there are several people out here at this point, neil, with some chants going on, people have brought their dogs, their children, we aren't expecting large crowds until about 1 p.m. neil? neil: got it. alexandria, thank you very much. let's go to lucas tomlinson at white house. president, of course, jetting off to germany for a g7 meeting. he did sign that bipartisan gun legislation and did address this whole feud now that's developed post the supreme court decision. what can you tell us, lucas? >> reporter: that's right, neil. before taking off for andrews air force base and europe, president biden signed into haw the largest gun control measure in nearly 30 years. he opened his remarks talking about the supreme court, neil. he called their decision yesterday shocking, he answered one reporter's question before going to the door. [no audio] >> reporter: he said, biden called the supreme court, he

said they had made some terrible decisions, neil. biden with was off to bavaria in southern germany. one of the topics will be sanctions on russia a washington post editorial called them ineffective. the supreme court's decision doesn't happen, of course, if president trump doesn't put three conservative justices on the bench. trump nominated amy coney barrett and her nomination was confirmed in just 30 days thanks to mitch mcconnell. yesterday biden spoke hours after that decision by the supreme court to overturn roe v. wade. >> make no mistake, this decision is the culmination of a deliberate effort over decades to upset the balance of our law. it's the realization of an extreme ideology and a tragic error by the supreme court. >> reporter: joe biden's views on abortion have evolved over the years. as a 30-year-old senator from

delaware in 1973, he called roe, quote, went too far. in 2006 he saw said the following: >> i do not view abortion as a, as a choice and a right. i think it's always a tragedy. >> reporter: yesterday president biden called roe, quote, the correct decision. neil? neil: lucas tomlinson, thank you, my friend, is very, very much. want to go to's lieutenant governor, winsome sears. lieutenant governor, very good to have you. i mow there were protests outside at least a couple of justices' homes, but particularly in your neck of the woods many virginia, judge clarence thomas' home. what measures are being taken to keep those justices who reside in your state safe? >> well, i have spoken with the governor and one of the things that that i wanted to know was why couldn't we put a blockade at their home, you know, right at the streets, and he let me

know that, as governor, he didn't have that authority. but the local government has that authority, and they refuse to do so. and our attorney general couldn't do some of those things either because he doesn't have the authority. he would be disbarred. so we're actually a nation of laws, a state of laws, and so we're expecting the local government to help. now, where justice clarence thomas lives, it ises a private street, so he can block there. but, hook are, this is about protecting the innocent. it's always about that. that is role of government. if it's not anything else. so we have to insure that we protect the lives of the elderly, we don't say, no, they've lived all the good years and it's time for them to move on and so we pull the plug, and we don't do it for children who are born with disabilities. no. we protect them. every life is important. and so that's what this is about. and i don't want it to go down in history that i as the lieutenant governor did not

protect lives of the unborn. neil: having said that then, governor youngkin has said that, you know, he's looking at an abortion law that would stop abortions at 15 weeks, more than 15 weeks. he's talking as well with a number of republicans, anti-abortionists, all, who in order to maybe get more votes for that, lieutenant governor, he might bring it up to 20 weeks. can you tell us where that stands? >> well, we're not, you know, back in session yet. that will be, that will be when we come back in january. we'll be back in september, but i don't think we're going to be deciding any of that in september, so it'll be january. so legislation is being crafted right now at the 15-week mark. and, by the way, currently virginia, the abortion you can have up to 25 weeks. folks, in china they limit it to 24 weeks. china. in fact, in spain i believe it's

14 weeks. so, you know, we're more liberal in virginia than some of the european countries and even china. and so we are going to try our very best because let's think about what's happening at 15 weeks. baby is starting to suck in the womb, the baby is starting to do turmoils and all of those things in this womb. at the bottom of this, what is the mother having? it's not a lizard, it is a baby. she's having a human baby. and the democrats went too far so many years, what, 2, 3 years ago when delegate kathy tran here in virginia proposed legislation, law that you can have the baby up until the time that the baby's suppose supposed to be born and have that abortion, up until that time. and then we had governor northam, a pediatrician, folks, a pediatrician who said that, yes, you know, you can have the

baby after the abortion and resuscitate the infant, we'll keep the infant comfortable until the mother decides what to do. heavens, man, what are you talking about? the baby is already here. what kind of a society would we be if the babies on the abortion table struggling for life and we turn aside? no, we're not going to do that. we're going to brecht the innocent. concern protect the innocent -- neil: so in that -- [inaudible conversations] i understand. and you're quite right, i mean, there are far stricter abortion standards abroad. in fact, france won't allow abortions after 16 weeks. spain, 14 weeks. argentina, 14 weeks. finland, 12. italy, 12. ukraine, 12. russia, 12. so you raise a very good point, governor. i did want to exe employer some of -- explore some of these other states that are already implementing so-called trigger anti-abortion laws. in the case of texas and some others, that outlaw are it from

the point of fertilization/conception more or less. how do you feel about those efforts? >> well, i have no authority in those states. i was elected in virginia. the people in those states will make that decision. i want people to understand this. ostensibly what the democrats tried to do is to use the problems and the historical grievances that black people have faced to advance their nefarious with agenda. it is a nefarious agenda. but look at what has happened ever since roe. well, i'm going to look at some statistics here. in virginia the black population is 19-20%. 2019, 15,000 plus abortions were done. 46% of them were done by black women. now, if the kkk had said we will pay for every black woman to have an abortion who wants one, we would say to ourselves, wait a minute, something something's up. why don't they want us to have our babies? but you see that we don't

understand what's going on, and so we're losing so many black lives that matter. so, folks, we've got to understand, we've got to understand we need to protect the innocent, we need to protect the babies in the world no matter what race, no matter what color, no matter anything. there are some european countries, you kid name some countries that are less lenient than we are with the abortion time limit. but there are some european nations there aren't even born babies who have downs syndrome. think about that. there are people in america who have downs syndrome. if they lived in some of these european countries, they would never have been born. you know, the thing is if we don't protect the innocent, one day it will be our turn. if you can't count on your government to protect the innocent, you will be next. one thing we learn from history is we don't learn from history and, unfortunately, it seems

we're condemned to repeat our mistakes over and over again. neil: so very quickly, lieutenant governor -- i appreciate your being here finish mike pence has said there ought to be a law against abortions, period. that would be the next step. how do you feel about that? >> i'm sorry, i didn't hear that part. there is a law. neil: mike pence wants a law to outlaw abortions, period. >> no. i think what we need to do is to at least insure the life and the health of the mother. i can't ask a woman to sacrifice her life. for example, if she has cancer and she needs treatment and maybe that treatment will result in the death of her child, i can't ask her to choose between her life and the life of the child at that point. that necessarily is a difference. so i believe also a, you know, in terms of rape and incest. but certainly, most of these abortions it's not rape, it's not incest. we're giving our children to the

god of my career. we're giving our children to the god of i can't afford this baby. we're giving our children to the god of it's not the right time yet. or i'm too old for this. whatever god you choose. and i know that, you know, really, no matter what religion you have, at some point you know in your heart that this is a baby, a baby in the womb. and the baby in the womb wants to live. neil: all right. governor, thank you very much for taking the time. lieutenant governor of the beautiful state of virginia, winsome sears. thank you again with. you know, the decision, of course, is having reverberations throughout the country even among both parties and within both parties. senator bill cassidy, louisiana republican, is taking a look at what started the fury long before the decision came out. the release of that craft. he wants to do something about that, after this.

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neil: all right, now we know that sam alito draft that was written sometime back was accurate and that it would telegraph the decision that has enracialed and enhanced the -- enraged and enhanced the nation with the ruling yesterday. but senator bill cassidy, louisiana republican, wants to know about who might have leaked that and the punishment that should be meted out to whoever who did. he joins us now. senator cassidy, good to see you. >> thanks for having me. neil: it now seems like such old news, but it really was a startling development. so much so that all the justices were outraged, the chief justice saying it did irreparable harm to the supreme court. what have you discovered, anything? >> well, identify not -- i've not discovered who's done it,

but what i would like to do is make sure anyone who does it in the future is punished. there's no criminal punishment available for the person now. i've introduced the stop supreme court leakers act that would have a $10,000 fine, up to 10 years in prison, and what i really like about it, it would seize any profits that somebody might get from writing a book. the demonstrations and the violence, for example, the fellow coming to attempt to assassinate judge kavanaugh, was all triggered by this leak. we're trying to just put lid on somebody who may choose to do that in the future for whatever decision it might be, and we see the consequences if we allow are it to happen. of. neil: you know, a lot has been made of whether it was a liberal clerk or one working for one of the more liberal judges, maybe a conservative clerk. we just don't know. but i'm wondering even about the screening process for people to who work at the highest court.

what do you think of that whole process and who gets to work in this enviable job? >> what i am told is that you, when someone is chosen, it is made clear this is not to happen, and it's supposedly on their word of honor, a code of ethics that is not just told to them, but it's supposedly within them. i think most concerning thing, that someone in this position who traditional wily goes on to great careers in law, would not have have an internal code of ethics that would tell them to keep their word. that's what concerns me, neil. if the court reflects culture and we're breeding people, if you will, who have no regard -- [inaudible] that's most concerning. and i hate to say that we have to have a law to get people to be -- [audio difficulty] but in this case it appears we co. neil: senator, i don't know louisiana's among the two dozen or so states that are contemplating the so-called trigger provisions that would

allow them to, you know, prevent abortions period, but many states are moving quite quickly, as you're probably aware. among them,,s kentucky -- south dakota, kentucky, i do see louisiana is on the list, so apologize if i got that wrong. missouri, arkansas, oklahoma, indiana, texas. what do you think of all these efforts? because almost to a state contemplating they would make abortions outright i illegal. >> first, louisiana does have such a law. let me start over. i'm pro-life, so i'm pleased with the dobbs decision. i will also say i am pro-constitution, and i do think that this decision should be made by the people of the states, not forced down from the federal government. but louisiana's law was advanced by very well respected state senator, katrina advantageson, and signed -- jackson, and entwined -- signed into law by our democratic governor showing

the breadth of southern that -- support that such a law has in my state. and it does allow the so-called morning after pill for someone who might have been a victim of rape or incest. so there are allowances for those situations that people are concerned about. but there's typically -- [inaudible] or the concept that the unborn child is a life. now, we can debate whether or not to have abortions, but i think people -- [inaudible] that when a child at 9 eke weeks has fingers and toes, a few weeks later can behind their elbow, can be seen sucking their thumb, can feel pain at some point that the child is truly a child. now, that is something that our country needs to have a debait upon, and this decision allows that debate to occur. neil: we shall see. you are one of about two dozen states contemplating such an immediate move, so we'll keep an eye on it, senator, thank you, again.

we keep telling you this was a 6-3 opinion, but the chief justice demurred on the nature of essentially killing off roe v. wade itself. that distinction in this decision and the implications going forward after this. >> i hope that in time we'll be able to change our supreme court to actually make them see wisdom for our nation. >> many babies will be saved because of this today.

neil: all right. a 6-3 decision from the nation's high court effectively killing off roe v. wade which had been the law of the land on reproductive issues for the better part of half a century. that's gone. but there was a an important

distinction from the chief justice, john roberts, who questioned whether overturning roe was even mess to uphold this mississippi abortion law the that stopped pregnancies after 15 weeks. the ample evidence does suggest that a 15-week ban provides sufficient time absent rare circumstances for a woman to decide for herself whether to terminate her pregnancy. he was talking about the sweep sweeping nature of the majority's decision here, samuel alito's opinion, that he quoted as thoughtful and thorough, but those virtues cannot compensate for the fact that it's dramatic and consequential, and it's unmess to decide the case before us. of course -- unnecessary. of course, that was his distinction between how far the court went in effectively torpedoing roe roe v. wade. ann key mccarthy with us -- andy mccar third with us right now. katie, this distinction that the chief justice raises, what did you make of that?

>> is that for me, neil? [inaudible conversations] neil: katie, first. i'm sorry. >> sorry. i actually have given that some thought, and i think that there has been some thought that the court did not have to go so far to overrule roe entirely even if they were to uphold the mississippi law because it was asking to look at the 15-week ban. but i don't agree with that. i actually think that if the court was going to reanalyze roe at all, which they were being required to do even with the saw 15-week banker they were going to have to do a full constitutional analysis and go one way or the other with it. i don't think it could have been an incremental cutting back as chief justice roberts suggested. neil: so, andy, i was beginning to wonder at that and what's at issue here in the mississippi law, forbidding abortions after 15 weeks. i believe with roe v. wade it was concluded around 23, 24 weeks you have a viable fetus,

and after that point you're in slippery territory. if the court had taken just the 15-week signal from mississippi and embraced that -- i don't know necessarily that would become the new law of the land, but i just wonder how would that have changed things, if at all? >> well, what it would have done, neil, was, you know, make us go through dobbs every year which i don't think anybody wanted to do. i actually think it's disingenuous of the chief justices, frankly. he spent a lot of time trying to reject hot button issues, and when the court with a 5-4 court with him kind of functioning as the swing or one of the wing justices, he had a lot more ability and a lot more leverage to keep the court out of very controversial cases. now as a 6-3 court, it's harder for him to do that, so he's suddenly taken the position that, gee, i'm above it all, you know? the people on both sides of this are are confident in their position, and i don't feel that

way. very nice. but the fact of the matter is for a guy who tried to keep the court out of these controversial cases, the court's ruling was his ruling, the next case is going to be, welshes what about 14 weeks and how about 13 weeks? does anybody think it's good for the country that we would go through dobbs once a year? neil: maybe, katie, he was thinking about what's already kind of gotten in some justices' heads, particularly justice clarence thomas who said it might be a good chance to review decisions on same-sex marriage, birth control, that sort of thing. do you think that's possible? the issues that justice thomas raised are possible to revisit? >> well, i think that's a huge concern here, and i think the court addressed it somewhat saying that the abortion issue is different, but they don't really get into a deep analysis as to how that is. and clarence thomas' concurrence suggests that perhaps all of those should be explicitly

revisited under the idea that these constitutional rights that are not enumerated really need to be analyzed to insure that they were really intended to be something that the court recognizes, that the federal government recognizes. so i think that realistically speaking those are on the table in terms of whether the court can review them. the majority seems to dismiss that and suggest that this is a very distinct issue, that this is particular to the abortion issue and nothing else should be impacted. but i think they were a little bit false on that in the way that they explained that away. neil: andy, it does raise that issue, the court does do it about 2-3% of the time, i'm wondering on some of these other decisions whether it would. >> yeah, well, i think two things about that, neil. one is, you know, where the court is coming from here is that the constitution doesn't speak to it, it's really supposed to be left to the people to decide democratically.

and i don't know where, for example, legislation is going to come from to, say, or outlaw contraception. that's not going to happen. so i don't see how that gets to the court. and secondly, on this question of stare decisis, the adoption of precedent can, it's odd to have people champion roe on those grounds because actually roe hasn't even been the law for 30 years. roe was so unstable and such bad constitutional law that it had to be completely overhauled in casey just less than 20 years later. and casey itself, the test that it put in invited constant challenges because what it was saying was we have to analyze whether this is an undue, this restriction is an undue burden on abortion or not. so what that uninvited was a constant stream of challenges. it's very difficult to make an argument that you could rely on that line of precedent when it was a house of cards, essentially, that was always inviting more challenges to out. neil: yeah. and to both of your point, i

guess from different directions, nothing is monolithic in life, i guess. >> right. neil: we'll watch this very closely. have a safe, enjoyable weekend. in the meantime, the fallout if from states that want to do manager about this. we told you about the couple of dozen so-called trigger states. florida is not one of them, but ron desantis is hinting that it wants to be. a top democrat in that state says not so fast, gov. after this. you worked hard to save for my future. so now... i want to thank you. i started investing with vanguard to help take care of you, like you took care of me. te quiero, mamá. only at vanguard you're more than just an investor you're an owner. helping you take care of the ones you love. that's the value of ownership.

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neil: all right, nancy pelosi, even the president of united states has made the decision of the supreme court a galvanizing one for democrats to get into the voting booth this fall and change things, put it back in their hands. it is a point echoed by nicki freed, the florida agriculture commissioner. -- nikki fried. running for governor of florida. charlie crist also running for governor. commissioner, very good to have you. you had said that this decision now give the voters the power again. the power was in the supreme court, and they neglected the will of americans all across country. so, obviously, you see this as that same galvanizing issue for democrats. the governor of your state, who you want to challenge, ron desantis, sees it differently and is already looking at implementing some abortion measures himself. i don't know as sweeping as the texas and some of these other

states. how do you feel about what he's proposing? >> what he's proposing is outrageous. first and foremost, people need to know in the state of florida that we do have a right to privacy in the florida constitution. so this governor, who has been touting that he is a strict constructionist, actually reads the constitution of florida, he'll know that any type of restriction on that right to privacy should be overturned by the florida supreme court. so truly not listening to the people and certainly not abiding by his oath of office to uphold the florida constitution as well. neil: all right. let's say everything stays equal with, but now we know that roe v. wade is not the law of the land. the measure then means what for florida for the time being? >> yeah. the measure is imperative that people are electing individuals not just in the governor's office, but across the entire state into our legislative body to make sure that that woman's right to choose is still sacred

and still a right to privacy. so that vote now is essential for november to choose the right candidates across the state and the country to make sure there are individuals who are going to be held accountable and make sure that they're pro-choice. and so for florida and for people across the country to know that the power is back in their handsment and this is something -- hands. and this is something that every single member of our legislature and every single governor across the country needs to know that the people did not want this. over 67% of my own state did not want a change in roe v. wade. and so the governor or any of the legislature continues to erode this right to privacy and this overintrusion of government, then they're going to be voted out in november. as you see protests all across my state and the country, they need to heed this very strong warning that we are not going to sit back idly and just let these different laws across the nation erode our privacy rights. women are upset, women are mad, they are angry and, or certainly, their allies as well. and so i will continue to fight

for our women's right to choose here in florida, and as our first female governor, that will be something that will be a top prior by of my agenda concern priority. neil: still, you know, this might be a passion issue for many in your state including for yourself, commissioner, but genre races concern generally, races come could be to the economy, and the economy as an issue in florida is one of the selling points ron desantis keeps pushing. maybe even envisioning a presidential run of his own. so aren't you up against that? this strong economy in a state that weathered covid better than states that had very victim provisions -- strict provisions in place and that he was right on those issues and that will dominate voting in the fall? >> you are absolutely correct. the number one issue on people's minds across the state of florida is economy. and unfortunately, ron desantis has done nothing to help the people of our state,

the middle class, the lower class. even this morning i saw an article that shows only 8% of broward county can afford to purchase a home. we are seeing rent increases across the entire state of 60% in some areas, and as governor he's not even talking about that. not showing any compassion, empathy or plans of how to fix economy of our state. people are suffering here. i hear these stories all across our state -- neil: you've got a boom going on, right, commissioner? you've got a boom and, obviously, with a housing boom, prices go up. i definitely see your point. but, i mean, for a lot of people looking at this, people of less high tax states, florida's become an attractive mecca. hearing language out of you and wondering whether you would reverse that and harm that. >> no. there's an opportunity to balance it. what's happened is, yes, people have come into our state. the top percentage people are doing just fine. it has pushed down the rest of the market.

and the fact that we've had 20 years with a gutting of our affordable housing trust fund, so those homes are have not been built in our state. while we certainly welcome people into the state, welcome opportunities for the economic booms in our state, what's happened to people in our state that have been living here for generation after generation, they are hurting today. they are suffering. and, unfortunately -- neil: -- [inaudible] right, commissioner? a good many of them are enjoying the runup in the value of their homes. on paper they're richer and better. i take nothing away from those trying to buy a home for the first time. this could be problematic. what's good for some is not good for all a, to your point. but back crop is a lot of floridians are looking at an asset that's dramatically gone up in value. that's made hem -- them a lot happier. >> look, of course, an increase in the value of homes, absolutely. but the problem is at this point they can't ard fortheir property insurance, they can't afford their property taxes. so even though you may have a

value increase in your home, but if you're not able to capitalize are on it, what good is it to show on a spread sheet that you've seen an increase of 100,000, 200,000, but you're seeing an increase in your taxes and insurance, you can't afford to go move someplace else, so you're seeing an asset increase that you can't even capitalize on. and the fact of the matter is the people who are moving to our state can't purchase a home, and the people that are living here can't stay in their homes and can't do these rent increases. now people are going to be leaving the state. so everybody who's happy with that 1%, who are the people that are making the hotel bedrooms, who is the one at starbucks who is making the barista or the people that are going -- neil: but millions more have come to your state. that might be going up, but millions more have actually come to your state all of these issues notwithstanding. >> of course people are coming to this state,? florida is a, you know, a member a ca for beaches and the environment and no income tack.

of course they're coming to the state of florida. i've live here my entire life as have my parents, but i also am not going to lose sight of the fact that the people who are working in my state, they are hurting. and when you don't have an economic balance to protect those individuals, there's people -- our teachers are leaving the state of florida. our workers and people who are building the roads can't afford to live here, and that is a mismanagement by governor desantis. neil: all right. voters, to your point, will decide all of that, commissioner. thank you for taking the time. have a nice weekend. >> thank you for having me. neil: nikki fried running for the democratic gubernatorial nomination in florida, agricultural commissioner. in the meantime, there were some protests that that got a little dicey last night after the supreme court's decision in, of all places, arizona. we'll explore and explain after this. [inaudible conversations]

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[background sounds] neil: all right. protests getting a little hairy last night in phoenix, arizona. police had to use tear gas, you know, to separate crowds here. again, these protest es continue around nation not quite like we saw in phoenix, most of it peaceful and without incident. and even here it looks bad, but it wasn't nearly as bad as it could have been. ted williams was concerned about this when we were talking about it 24 hours ago. he joins us right now. ted, you know, as you predicted, i mean, we're going to see a lot of this going on across country. your hope was, and i'm sure it remains, that everyone, you know, stays orderly about this. but, you know, passions run high. what do you see happening now? >> yeah, you're right, neil, passions do run high. you and i were on yesterday, and

we were discussing this. i had been over to the supreme court, and you could see at the supreme court while i was will that people on both sides of the issue of roe v. wade were out will, but of it was very peaceful there. but we do know that in other parts of the country, at least in arizona, it was not peaceful last night. we also know that this were demonstrations at the home of clarence thomas, one of justices who wrote a concurring opinion in roe v. wade. neil: right. >> but -- in overturning roe v. wade. but i think we're -- i'm pretty pleased with where we are today. i'm just hoping that it will continue to be peaceful. neil: yeah. i think he drew special attention because he was saying that this might be an impetus to revisit decision on same-sex

marriage, contraception, etc. -- >> sorry, i couldn't hear you. neil: it's okay, it wasn't crucial. i cowant to step back though, if you can still here me -- hear me, ted, where this goes. a lot of people -- >> [inaudible] neil: a long summer -- i apologize, he's not hearing me. we're going to a take a quick break here. i apologize for that. these things happening -- happen. unfortunately, disproproportionately to me. one of the things this has raised is how this was triggered throughout the summer, whether we're going to see more protests. some likened it to the floyd killing. apples and oranges there, but is the same issue at hand, that it's going to be a long and hot summer and it's not just the weather? after this. no, he's seizing the moment with merrill. moving his money into his investment account in real time and that's... how you collect coins. your money never stops working for you with merrill,

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>> i think you absolutely have to support the candidates9 that make sure that women's rights are protected. >> the midterms, it'll be mom mall. >> the inflation, gas prices, these are issues that people are going to vote on. i don't think it's going to to change that many people's votes. >> i think it's going to be human. i cothink there's a lot of other things going on in the country, but again, i think this is the big issue. neil: all right. it depends on who you're talking to. a split kind of read from americans weighing the impact of the supreme court's decision to essentially nix roe v. wade after nearly half a century here. there are those who argue that it isn't going to move the needle when economy most often does move needle. right now there are serious issues about the economy; inflation, runaway gas prices. no matter how you feel about the roe v. wade decision, it will not have the impact that some democrats hope. those same democrats point out that it does one thing to galvanize their base and get

them out and maybe pits some races in the senate where republicans are defending more seats than democrats. washington examiner super bro joins us now, all right, kelly, we're always told from bill clinton's days no less that it is the economy, stupid. and right now it is stupid to hi otherwise -- think otherwise. we have all these inflation problems, high gas situation, problems with americans and their confidence right now. just reached an all-time low just yesterday. does that dominate the passions raised by in this roe v. wade decision? >> absolutely. a recent poll actually just found that only 5% of voters said that abortion would be a top priority for them this november end even after the leaked draft of the dobbs decision came out. so we know -- we can expect that this decision will enierize -- end end energize the democratic base, but we can also expect it's going to be doing the same

thing for the republican votes. there was a knn poll who concern cnn poll who said they were happy about the decision being overturned were trice as -- as the democrats were. finish. neil: all right. so them can accurates hoping to bring out their base -- democrats no might be infuriated by this decision could be countered by a republican base that likes what the court decided. you think it'll be a wash? >> perhaps. it's really going to depend on the swing voters, the middle of the road voters who might not feel convicted east way, but polls also though that those voters are likely to support at least some restrictions on abortion. so if democrats think hamiding of the road voters are going to decide with -- side with them, they're mistaken. neil: so let's take a look at the overall economy. right now the federal reserve's been aggressively raising interest rates, you know, as you know, kaylee, and that's going

to slow things could be, there's no doubt about that. obviously, the white house democrats, i'm sure, would hope it doesn't slow it down to the point of a recession. but that won't be decided by november. we won't know that. i mean, these things take time. it could be more a 2024 issue, right? >> absolutely. and i know a lot of economists are predicting that something will start to happen in 2023 in terms of a recession. obviously, we're the still not sure whether that's inevitable or not or, but people are definitely starting to feel the effects of it already, and that is going to be the main thing driving them ott polls in november. neil: all right, very good. kaylee, thank you for coming. a lot of tippings -- things dealing with the legality of this decision and moving bard. some have so-called trigger positions, others have to go through the legalities of changing laws on the books in various states including oklahoma. that state's attorney general is next.

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>> (cheers) >> they were expecting protests on for the most part we've got protests. a lot more across the country today ever since the supreme court by 6-3 vote yesterday nixed roe vs wade, essential killing it off and leaving up to the states to decide. we're going to talk to an attorney general from the state of oklahoma on what that state is contemplating right now. i just want to bring you up to speed on this.

at least two dozen states have the so-called trigger provisions to implement anti-abortion measures in their respective states. 16 others and the district of columbia made sort of pre-moves to make sure that abortion was protected in their states and districts. we'll give you an update and where things stand. where things stand outside of the united states supreme court, alexandra hoff is there today. >> things have been heating up and shouting matches that have happened with pro choice activases who are out here today and then some on the pro-life side. it's been a back and forth and different pockets breaking out. less than 23 hours ago now when the decision was first out, more of a pro-life that let out reactions, tears and cheers and that was their reaction for what they saw as a recognition, life before birth for the first time in years and though the

department of homeland security warned of a night of rage last night, things did remain mostly calm. you can see, i'm hoping you can see the american flag was burning, that was symbolic of the anger and sadness directed at the supreme court after undoing nearly five decades of roe vs wade. nationwide and of course, this issue goes to the state and then in new york, as well. we're told about 17,000 people participated in demonstrations there yesterday, and more are expected today. the new york post said about a dozen of reports were made that's for vandalism. in arizona things got surly there. the state senate was reportedly evacuated due to a security situation and police there did deploy tear gas against protesters. they did demonstrate outside the home of justice clarence thomas just as well about 20 people, and those justices have now been provided with round the clock protection, and neil, you were just talking about some of the laws. here in d.c., there's the least

restrictive abortion laws in the country and what the group are angry about are the state where access will likely be denied following this ruling, but here in d.c., that will not be a factor. abortion is available in all stages of pregnancy here in washington d.c. neil. neil: thank you very, very much for keeping us updated on that. i told you about the nearly two dozen states now that are acting almost consistently on this, and other like the district of columbia protecting the provisions. it's a pretty black and white view in the country with little grays in between. and cracking down on them period. some as early as fertilization and conception. and others keeping restricted rights in place. let's go to oklahoma right now, i know, attorney general, your state is among those looking at the so-called trigger

provisions. where do they stand right now? >> well, so, neil, thanks for having me. first of all, let me say this, since 1910, oklahoma has had a law on the books making abortion a felony. this is not new for us. what happened in 1973, the u.s. supreme court in a political decision not a legal decision silenced the vote of the people of oklahoma. so, we have passed more restrictive laws in the last session. we now have a deal where abortion is illegal from the moment of conception except to save the life of the mother and that law was triggered to go into effect once i certified that roe and casey were overturned. yesterday morning, within minutes of when the u.s. supreme court announced a decision i gave that written certification to our

legislature and our governor and the laws then took effect and it was clear that the burden of roe that silenced the voices of our people in oklahoma and our legislature and our governor, was removed. neil: so, does this cover those who get pills through the mail, interstate commerce allows that and could have abortions that way. would you make that a criminal activity. >> it is a criminal activity. it's going to be an enforcement issue, but abortion is the focus, neil, and abortion after -- terminating a pregnancy is illegal in oklahoma. now, we do not have any-- >> does that include then, that if a woman wants to have an abortion or tries to get one, even now in your state, she's breaking the law? >> that's right, but let me tell you this, we don't punish the woman, not the mother.

it's not a crime for the mother, it's a crime for the person who do it, aid or abet or solicit it. we know an oklahoma woman if she wants to have an abortion, she can go to colorado, anywhere else, any other states that permit it, but we're celebrating, neil, the fact that for about three weeks, oklahoma's been abortion-free for the first time since 1973. neil: so if there are any doctors or clinics or agencies that worked at even now to offer women abortions, they're technically breaking the law and they could-- they could be leading a crime? >> that's right, it's not a technical violation, it is a violation. it's a felony and they're open to civil penalties and we have a texas style private right of civil enforcement. anybody in oklahoma could sue that doctor for financial

damages for violating the laws regarding abortion in oklahoma. let me tell you this, neil. every woman who is in a crisis pregnancy we should provide for, should not feel alone, broke, or without medical care, we have resources that will take care of every one of them and if she wants to keep her child as you know, the government and other resources will help her raise her child, financially, et cetera, health care. but and if she wants to place her child for adoption, that's a loving alternative as well. neil: so the reason why i raised these kind of issues as they come up because then they get sticky here, right? there's a lot of companies as i'm sure you're away from amazon, citigroup, yelp, uber, and i'm sure many have operations in your state that are telling women that they will provide travel and abortion support if they so need it. would you take action against

those companies that do so in oklahoma? >> yeah, so, if they solicit a woman to an abortion, if they aid or abet it, then we're going to look at what we can do from a law enforcement standpoint. our law enforcement on this started yesterday at about 10:30 a.m. oklahoma time. >> so let's say you have a company, any one of these companies i mentioned, there are dozens more that are saying they will provide financial support to women who want to seek an abortion or to your point, sir, go to colorado, for example, to get an abortion. would that put them in danger to you? in other words, would you seek action against those companies that are doing that? >> well, what i can tell you right now, i'd have to look deeper into that because we've got aid and abetting laws on the books and look at how thoroughly those are defined. i can tell you, we will be looking at that. abortion is not okay in

oklahoma. neil: again, i'm back to the abortion pills. i mean, they're still going to be available to women, but in order to make sure they don't go into your state you would have to do something to forbid them or block them and some rights groups fear that you'll be checking people's mailboxes and all of that. what do you say? >> yeah, i haven't really gotten to that point in our thoughts about it, but i can tell you, we're going to enforce the law and if that -- if they're breaking the law, we're not going to go into women's medicine cabinets. that's not our intention, but for those who try to promote something that's an illegal activity in oklahoma, then we'll treat them like we do anybody else that's promoting illegal activity in oklahoma or engaging in illegal activity in oklahoma. >> all right, keep us posted. john o'connor, the attorney general again, and one of about a dozen states who had these provisions and they vary a little bit, but they almost to

a state just ban abortions outright. there are differences, for incest and rape and in some cases, but by and large that's what they trigger. so we'll keep an eye on that, and wills keeping an eye on how some prominent democrats are responding to this. you might have seen maxine waters, the democratic congress woman that were outside the supreme court to hell with the supreme court. and texas congressman al green was behind her when she said that. he's here next. >> i'm a woman that don't agree with abortion. >> i'm very afraid for our future. we don't have the systems in place to support the children of children that weren't ready to be parents. no, he's seizing the moment with merrill. moving his money into his investment account in real time and that's... how you collect coins. your money never stops working for you with merrill, a bhi, my name's steve.ny.

yoi lost 138 pounds on goloing for you with merrill, and i kept it off. golo's changed my life in so many ways. before, i was over 300 pounds. now, i literally have the ability to take a shirt off and go out in the sun where i would have never done that before. try golo. it works. >> it's an atrocity. it's setting back so many years of women being able to have rights over their body. >> i've been fighting for this day for my entire life and at

least it's a great first step. neil: all right. but that has not stopped planned protests through the weekend and some say throughout the summer with this weekend alone in new jersey, new york, pennsylvania, wisconsin, illinois, texas, new mexico, california. i'm sure i left somebody out, strong opinions either way for the supreme court essentially nixing roe vs wade after better part of half a century. griff jenkins with more on how things are in washington d.c. griff: good morning, this caused an earthquake on capitol him. democratic reaction was led by speaker pelosi with a blister condemnation and a warning what comes next. >> radical republicans are charging ahead with their crusade to criminalize health freedom. in the congress be aware of this, the republicans are plotting a nationwide abortion

ban. they cannot be allowed to have majority in the congress to do that. griff: but for her republican counterpart it was a historical moment for celebration. >> today supreme court's decision in dobbs is a most important pro-life ruling in american history. by a vote of 6-3 the court affirmed that the power to protect unborn lives is returned to the people and their elected representatives. the people have won a victory. griff: for the progressive left, he was outraged. alexandria ocasio-cortez heading across the street to rally with abortion rights activists. >> meanwhile, president biden wants democrats to do something to take action, but neil, it's

unclear exactly what they can do, any effort to codify a woman's right to choose would have to clear the senate filibuster and that means 0 votes and as we know, they're not there. and enter joe manchin, let me be clear i support legislation to codify the rights roe vs wade previously protected and i'm hopeful that the democrats and republicans will come together to put together a plan to do just that. there are no plans that i'm aware of to do that and it's unclear if man chin would jump on board the filibuster. and then the funding, to protect justices from these threats, but pelosi has yet to take it up in the house, that just went into recess. neil: griff, interesting out of manchin, very good reporting as usual, griff. maxine waters raised this issue

to crowds speaking outside of the supreme court after the decision came down. it's what she threatened that raised eyebrows, take a look. >> you see this turnout here, you ain't seen nothing yet. women are going to control their bodies no matter how they try and stop us. the hell with the supreme court. we will decide. neil: all right the hell with the supreme court. you might notice, standing just behind her was congressman al green of the beautiful state of texas. good to see you, we haven't chatted in a while. thank you for joining us. >> thank you for having me. neil: congressman, she said the hell with the supreme court. do you agree with that? >> well, i don't allow the vociferous verbiage to overshadow the statement. maxine waters is saying that peaceful protest is still in order that she does not support

violence. dr. king filled a mall in washington d.c. with a peaceful protest. he was the king of peaceful protests she's merely indicating and forecasting, prognosticating there will be large crowds pro at theinging in washington d.c. as evidenced by what she said yesterday. neil: she wasn't saying ignore what the supreme court says, that from someone serving in the united states congress would be scary, right? >> she's not saying ignore we can differ with the supreme court, we can't ignore, that's practical, the president of the united states differs, speaker pelosi differs, the honorable maxine water differs. neil: there is a difference between differing the opinion and the propry--

propriety of how they got there. doesn't that sap the american and didn't your party say president trump not accepting the election and disputing that. >> i think there's a legitimate debate former president trump saying he would only appoint justices having overturned roe vs wade. that's stacking the deck. neil: how is that different, with all due respect from the liberal presidents who want to make sure that their supreme court picks would keep roe vs wade? >> well, the liberals that you speak of, prior to the ex-president trump, they haven't said that. they isn't said i'm only going to appoint persons who will maintain roe versus wade. president trump has broke and lot of rules that were in place

that governed society these were not codified. and we didn't have presidents saying i'm going to stack the deck. and that causes consternation, and i wish he hadn't said it because they would have the legitimate debate. neil: and many made a point that the court broke precedent here and sometimes it's a good thing that happens in 1954 brown versus board of education under the warren court, you had it reversed by ferguson to strike down segregation. and so, sometimes justices get it wrong at first and they have to come back and address that, correct that. so it has happened, right? it has happened. >> and of course, dread scott was overturned. neil: absolutely, absolutely. and even better example. >> and a greater-- two great examples in my opinion and you and i agree,

but i think in this case the question becomes more about a woman. unfortunately for us and our society men have dominated and men have made decisions about women and what women can and cannot do. women want control of their bodies and they believe that they should have final decisions about what happens to their body. i tend to believe that we've got to be very careful about how we position ourselves, we men, when it comes to what women want and the american public seems to think that abortion should be available. i think that by a large percentage, overwhelming percentage and you have a good many of them who are republicans. so we've got to be careful. i'm with the women. what they do with their body is something that they ought to decide. of course, with their most trusted confidante, people that they have faith in, their faith leaders, perhaps, perhaps their

physicians, but women should have control of their bodies and for those people who-- may i make one additional point, mr. cavuto. neil: please. >> really quickly. people who say i make an exception for incest and rape and mother's life. at that point you become pro choice. you have three choices that you would impose, but there are other choices as well, so when you say that you're for rape and incest as exceptions, you've just become pro choice. neil: all right. we'll see what happens from all of this. there are quite a number of women as you know, congressman, as well who do not share that view. so, we'll just have to see how it sorts out as the states battle it out and we've become a nation that's divided on this depending on the state in which you live. thank you very very much for joining us, congressman al green, texas democrat. again, these protests are beginning to pick up steam in

the nation's capital and they're planned and most of them very, very peaceful. we'll have more after this. >> what do we want? when do we want it? now. what do we want? when do we want it? now.

>> , [crowd chanting] >> all right. the protests are not just in america, by the way, due to the supreme court. happening all over the world. in munich, germany, and we'll find our peter doocy waiting for the president's arrival for the g7 summit.

the president didn't miss a chance to talk about the tragedy, he says, of the supreme court decision on roe vs wade and to telegraph the importance of this international powwow. what are you hearing from the reaction to the supreme court decision? >> so far the reaction has kind of been like what you just saw, but they're trying to keep the focus on g7 and n.a.t.o. specific issues. when the president gets here to talk to the leaders of the g7 and n.a.t.o., a big part of the program is taking resources that had been used in afghanistan and figure out how to apply them to confront a rising china and russia. >> it's time now for a new strategic concept 12 years later, know the only as the landscape changed, particularly from mr. putin's war in ukraine, but military capabilities and organizational concepts and optional concepts have changed as well and it's time for the alliance to step

up to those new developments. >> president biden sent the secretary of state, antony blinken ahead, and his meetings in europe have been the next steps in helping ukraine and not just with military equipment. >> we spent some time today in the g7 meeting and then in the extraordinary session convened by my german colleague on the growing security crisis that's ak rated by the war of aggression and the steps the country is taking to address it. these months have been brutal for ukraine. >> officials are telling the president is hoping to get concrete commitments by climate change and reportedly reducing emissions. he did not talk about the trip on the way out of town. we heard him talk a little about the roe vs wade supreme court decision and guns, but we do expect him here on the

ground in europe in about five and a half hours, neil. neil: that's a spectacular back drop where you are, and i take it, it's not a green screen, it's the real mccoy, it's stunning. >> it's nice, yeah, perks of the job. neil: nice, yes, perks of the job. i hear you, my friend. thank you very much, peter doocy, in austria. what a stunning background. and in the meantime, what's been going on with companies that are trying to do their part, they say helping women and employees getting an abortion and you heard the oklahoma attorney general that type of activity and support will not be looked at favorably. where is all of this going? after this. . >> i'm really excited about it. i think it's been a long time coming. >> it's terrible news, very upsetting to see just what things have come to.

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>> for a lot of companies, they've made some decisions that could be deemed controversial and may be troublesome for them down the road despite the presumably good intentions here. including disney and alaska airline, uber, lyft, apple and i can go on. hewlett packard and have said almost to a company that they will help workers who want to

have an abortion get the travel and whatever they need to have that abortion, but sometimes you're stepping into a situation that might tick off other workers at the same companies who don't want the companies guaranteeing those berths. and joining us, the former dallas fed advisor and ann berry, wheelhouse financial officers. and many of them might be doing it with the best intentions. and some will be ticked off and i talked to the oklahoma attorney general where they hope to make abortion outright illegal. what do you think. >> some employees make you say may walk off the job. that could be terrible considering the labor issues we have in the country. some consumers, i've seen on twitter and social media platforms, we're never going to

stop at dick's sporting goods ever again or wherever it is. the happy and the sad or ticked off. they're trying to speak to the worker, we feel you, we understand you, we want to be there with you and go through this emotionally with you and help. but to that point i think it's a little short-sighted. but you have folks there that was there for a reason not for support for workers to get abortions. one last thing, think of the insurance side of this, too. so you have a company that has workers that were getting abortions not having additional children, let's say, terrible this think about and those kids are not on the insurance policy of that worker so therefore, these company maybe also might be trying to keep up that side of the bargain with respect making sure the workers can be comfortable where they are on their family scape. neil: lsht, but it can attract unwanted attention.

and i talked to the oklahoma attorney general, not happy that they have the provision, at least in the state where it's happening, it would be illegal and that would be a criminal act. i'm just wondering how far this goes? >> well, you know, it remains to be seen. we're so early on with these developments, neil, but i have to say though that it feels like so much of the media coverage really has been one-sided and that does concern me because there are always two sides to every story and the other side of the story that you're talking about and kind of the pandora's box that a lot of these companies is opening up. if they're going to assist with monetarily in terms of accessing abortions, are they also going to help women who have trouble conceiving? and that's a much bigger ticket that they're potentially talking about if you're talking about helping women having trouble conceiving. access to in vitro

fertilization. and talking with companies, was with voting rights, stepping in where they don't necessarily need a loud voice. neil: you talk about the loud voice part of this. i don't want to talk compared to positions protesting for example, disney in florida over a controversial measure and then something on a national level and companies doing this. having said that, it's going to invite, scrutiny, right? people might judge their support or lack of it or boycott or lack of it, against the company based on this issue. and i just wonder whether companies appreciate the pros and cons of that. your thoughts? >> neil, it's interesting, i think we've got to put this in the context of what kinds of issues and employees at the companies are trying to face. it reminds me if you look back into the fall of 2020 when companies like walmart came out and start today take a stance for gun control. some have reversed their positions later, but they did

initially come out and take a stand. one of the things we need to bear in mind is that millennials and gen z in many cases have slightly different priorities in terms of the stance they want to see their employers take. they're going to make up 60-ish plus of the work force and working with a lot of young people of that group who are looking to see their employers take a position on situations such as the scotus ruling we've just seen. employers are trying to thread the needle not wanting to draw unwanted attention, but equally trying to remain attractive to a demographic if it cares about issues such as this one. neil: it does draw attention and she raises a good point, when you look at implications for companies, they can't win for losing or losing for winning. i'm wondering where this goes, a lot of people that might base their investments on whether

they buy products from a company on its position here, on this specific issue. that gets to be crazy after a while? >> it does. it's a huge risk to ann's point and i think she's right about the demographic, that demographic has been winning against employers, not showing up for work and going to sound crazy, ridiculous benefits packages, i know we tried to hire some of those folks, they're very qualified, but maybe asking too much. and the point as ann said the companies have to come out and thread that needle and try to be on the side of the employee, but also still have their own identity and that's a tough battle to win as you just asked about. neil: so going forward, danielle, any advice you want to give companies on this issue? >> you know, neil, that's a difficult question to answer. again, these are -- there's nothing nuanced about this and why we've seen in the last 24 hours, how very divisive it could be.

and company should look at the word divisive and should we be more circumspect with our communication with our employees, such that, and again, i'll go about back to this. such that all employees and all of their needs are met not just those who are the millennials, but those who have opinions on the other side. >> all right. guys, i want to thank you. it was very early in this and got this right, we don't know where it will go. but sometimes you can get results you weren't planning on that. we'll keep it eye on that and one thing, regardless of your views on this divisive issue. we're all united in this when we fly, that it's a nightmare and we don't like it. whether you're republican, democrat, conservative or liberal. you don't want to be stuck in an airport or hearing that your flights has been canceled or delayed. thousands of times it's

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airport in washington d.c. and might find it here. this is the case, it's been playing across the country with delayed or outright canceled flights over the last week that's actually picking up steam and it isn't getting less every day. and phil keating is seeing this at miami international airport. phil. >> hey, neil, good morning. every airport across the nation is saying the same thing. passenger counts are up. people are paying more for their plane tickets than they were, especially a year ago and especially in the last seven to 10 days, cancellations and delays have been happening much more frequently. take a look behind me, miami international on a saturday. well, it's always busy, always full of passengers heading out of town or coming into town. according to the travel website hopper, the average price of a flight is now costing americans, $330. obviously, you can get flights

cheaper and you can also end up paying even more. for those opting to drive-in stead of fly, $70 to fill up your tanks. and during the whole two and a half year pandemic. the busy fourth of july weekend is around the corner so the advice is get to your airport early and be sure to check your airline's flight status before you leave the house and be prepared. compounding the concern, all of the airlines are suffering from staffing shortages. pilots are complaining of constantly working overtime, too many hours, there's a consistent shortage of flight attendants, and the airlines are complaining of the air traffic control towers having trouble fully staffing the towers. travelers are very well aware of this and this includes columbus, ohio's own kathy

horst returning from a cruise with her sister, about to head back to columbus today. on your way from columbus to get to south florida, you did have a little bit of trouble travelling. >> yes, we expect to leave on thursday night and our flight kept getting delayed, connections through charlotte. we were going to miss the connection in charlotte so we tried to book for friday. all the flights that were available were overnight connections so we couldn't get a flight until saturday morning. >> what's your advice to traveler? >> get to the airport early. >> very good, thank you. good luck getting back this afternoon. on the upside. you may remember that red air plane that crashed at miami last week. good news, n.t.s.b. investigators saw everything they've needed and the plane moved off the runway and frees up one more major runway in miami. that's good news for travelers.

nationwide. tss a -- tsa screened. 2.# pre-pandemic. at miami international here, a busy airport with a lot of international as rifles and departures because of its proximity to latin america, they're showing 15% more passengers right now than they did back in 2019. so take the tip from kathy. plan early and be prepared and get to the airport early, neil. neil: i always find that they have the cinnabon nearby, that i can get through that. you'll have to scarf around there. that's crazy, just crazy. phil keating, miami international airport. we all want to bust out and have fun, but it's hurry up and wait. >> hurry up and what's next after the roe vs wade decision.

how this will legally go down depends really where you live after this. . >> it's not a decision about pro-life, it's a decision about control. >> if this goes to the states now we've got to fight the states to abolish abortion. ♪ ♪ this fourth of july, lowe's has summer savings that pop. all season long.

>> all right. we're learning from the white house right now, air force one, the president makes his way to europe right now for the g7 meeting. we're told that the white house is looking at legal challenges to some of the restrictions on women travelling for abortions. and also isn't ruling out the possibility of some executive orders, didn't detail exactly what type of orders that the president could be

contemplating to look for what they call solutions. this again, coming from the president's staff as he makes his way over to austria for the big summit going on there. we'll keep you posted on that, but want to get the early read on this with the deputy assistant attorney general and also the former justice department prosecutor. gentlemen, welcome to both of you, to you first. on the president contemplating executive actions and go we're getting the details on that. what could he do on this, do you know? >> neil, there's not a lot that president biden can do. he actually admitted as much in his speech yesterday. because the fundamental message of the dobbs case is that abortion is now going to be returned to the states. like a lot of other life and death decisions. that's the way it was when roe was decided in 1973. maybe president biden could say

we're going to use federal resources to give out travel vouchers. women who want to leave a state to another state to get an abortion won't have travel impeded, but that's leaving the major decisions up to the states to allow abortion within their borders. >> jim, we're learning as we get more out on this gaggle on air force one, that the president does not agree with expanding what some people call packing the supreme court. a number of democrats have raised that even before this decision and now galvanized by this decision. what do you think of that? >> joe biden doesn't have the most consistent track record on this. he said he was against it and he appointed me a committee. what scared me about the committee at the time, it seemed like it anticipated a roe versus wade reversal and an underpinning, gosh, the committee thought it was a good idea to reverse the number of

justices that we've had since the civil war. so i'm not sure that's a dead issue yet no matter what the president is saying today. i agree with john, all of this stuff is lip service. there's no executive order, there's no executive action that he can take that's going to be anything fundamental when it relates to this ruling. neil: john, if i could switch gears. i know you were a law clerk for justice clarence thomas, if i'm not mistaken. as you know, after this decision yesterday, he said that maybe it's time to revisit same-sex marriage and even the possibility of birth control. what do you make of that? >> i think the left has actually lost its mind on what justice thomas' said. if you look at it closely, the root for roe was this idea that due process gives us unenumerated rights. and due process is just process. i want to reconsider the early

decisions of gay marriage, privacy in the bedroom, and places in the constitution, some maybe some survive and maybe some go back to the states, too, but it has to have a firmer rooting in the constitution. and the second amendment case that came out the day before. that's an example where the court said we do find a constitutional right. neil: real quickly, jim, a lot of people interpreted this is at conservative court feeling its oats, its strength. it's not going to equivocate on issues or avoid them. so what are we in for, do you think? >> well, i think it's a resurgence of federalism. that's really what this case is about. it's not opinion poll of the justices, whether or not they like the idea of abortion. it's with them issuing with academic issues of and a frail within will it should be

overcome. they're all about states rights and limits of the federal constitution. and that's what we're going to see again. neil: a final word to you, jim. john, thank you as well. thank you for coming out on a weekend and we appreciate that. in the meantime, griff jenkins and alicia acuna are going to take you through where the protests are going to go, they're not going to stop. it's an american right. hope everybody stays calm. his investment account in real time and that's... how you collect coins. your money never stops working for you with merrill, a bank of america company. better luck next time. but i haven't even thrown yet. you threw good money away when you bought those glasses. next time, go to america's best - where two pairs and a free exam start at just $79.95. can't beat that. can't beat this, either. book an exam today at americasbest.com

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>> pro choice protesters outside the supreme court a day after the decision overturning roe vs wade, giving states the power to set their own laws and a landmark 5-4 decision and this as many americans are celebrating a victory they worked decades to achieve. welcome to fox news, i'm griff jenkins. alicia:. i'm alicia acuna. protesters took to the streets in cities acrosshe