burning coal? >> they'll do what's cheapest. >> correct. we want to be like you. we have a right to be like you. and we're going to do whatever we have to do to have energy in the cheapest way we can get it. and that's coal. >> find the full interview on our web site. tomorrow, coal country is the new tobacco. startling similarities tomorrow night right here at 78:00 eastern. "the rachel maddow show "starts now. >> thanks to you at home for joining us this hour. on the day of the arguments, on the day the case was heard in court, she was pretty sure that things had gone well. >> i think it went beautifully. i think the justices were gentle. if that's the word i want. they were direct. they asked all the right questions. i didn't feel any hostility or

any sense of inferiority, you know, i felt very respected and i think it's going to be good. >> she was right. she's an acute observer. it was good. the court ruled in her case. >> what do you think she's thinking right now? >> you did it, hon neil. >> now when we were waiting for the ruling? know. no. i prepared three speeches. i did not allow myself to assume we'd win. that's the truth. i thought we had every right to win. i thought our arguments were sound and everyone else's were

insane, okay. >> that was june 26th last year, the day the supreme court ruled. one of the cases they considered was about one state having a statewide ban on gay marriage. supreme court took that case and heard arguments on that case. but ultimately, they decided they wouldment rule on the merits of that california case. the issue was not properly before the court. and the second case they looked at for the same time was the case of phea and edie. they were a couple for 44 years. they were aged 75 and 77 when they finally got married in 2007. by that point, thea had advanced ms. she knew that she did not have a long time left. but she and edie wanted to be married. they were pretty sure of each

other after 40 plus years. so even though they couldn't get married here, they flew to canada and got married there. and because of an anti-gay law that had been signed in the 1990s, federal law did not recognize her as having a surviving spouse. under sfral law, that status was denied to them despite their legal marriage. the court sort of dodged the issue in the california case last summer. the case of edie and thea was very clearly decided. the court went their way. >> good evening gay couples across the country. while the justices did not suddenly make gay marriage the law of the land, they did strike down what's being called the

most important ruling ever on gay rights. >> the defechbsive marriage act known as doma. that law blocked the federal government from recognizing same-sex marriages depriving those cups of more than a thousand federal benefits that other married couples have. >> that was last summer. landmark supreme court ruling striking down the federal ban refusing legal recognition to same-sex couples. the obama justice department had decided that that federal ban, in their eyes, was unconstitutional. when it came up in court, they decided if the justice department won't defend that law, they would.

and then a really interesting thing happened. sdrieking on the law with the banned recognition of it. four justices voted against. among them was chief justice john roberts. he argued that this was very teeny tiny little ruling. very narrow ruling, he said. didn't really mean much of anything. really only applied to this one case. wouldn't have wide implications. justice skelea on the other hands, he said that was pull pucqey. he agreed with john roberts on the same side of that opinion. but justice skelea lamted in his all-caps exclamation points kind of way, that that ruling said that was going to mean gay marriage everywhere. the justice said that the

majority ruling was nonsense. he said legalistic argle bargle. legally, that's the word he ewesed. it turns out there is a hyphen between arguele-bargle. so john roberts said i disagree with this ruling, but at least it's not going to have any wider implications. justice skelea said i disagree with this ruling and it's going to be the end of the world. the justice was right, it turns out, if your world is held up by legalized discrimination against married gay couples. since the edie windsor ruling last summer, what has followed is an almost enbroken streak of 40 straight rulings upholding equal marriage rights for same-sex couples and striking down state laws which ban the recognition of those rights.

today, in a move that surprised basically everybody, the supreme court decided to let the edie windsor case keep blazing that trail. the supreme court denied appeals from gay marriage cases in virginia, indiana, wisconsin, oklahoma, utah. all of those appeals were all turned down at once today, which means that lower court rulings in favor of same-sex marriage rights in all of those five states, today, instantly became the law of the land. in those five states and over the course of the next few days in six other states where those courts have jurisdiction, as well, gay marriage will be legal. once again, though, there is something weird on the losing side. according to the supreme court, you need five votes. you need five justices on your side.

but it only takes four votes to decide to take the case. if they had the chance to over turn, they had the chance to take the case to do it. the anti-gay marriage side could have taken those cases if they wanted to. why didn't they. it's a really consequential decision that they didn't. instead of 19 states and the district of columbia recognizing gay marriage which is true before the open of business today, by this time next week,

it another else problemly going to be 30 states. now, they may not be able to win one of these cases today, but if the make-up of the court changes in the future, like said if a republican president is elected in 2016 and he or she gets to put someone new on the court, then maybe they could take up one of these gay marriage appeals, overturn it and stop the whole thing in its tracks. yes, maybe they're all mack ya vel lee. maybe that is what they're doing. but the number of states in which gay people can legally get married went from 19 yesterday to 24 today and it will be 34 next week. if you had to bet, and you say when the ninth circuit rules on a case like this, they're going to add another five states. arizona, montana, you're up next. anybody hoping to run out the clock and get to a brighter, more anti-gay future on the supreme court, they're going to have to content with a country in which not just thousands, but tens of thou sapds of cups are legally married.

and undoing that through the courts, by some sweeping anti-gay supreme court ruling in the future, that is a prospect of such daunting radicalism. it is hard to imagine it as fiction. today, they shook their county clerk's hand and said it was a pleasure suing you. they shook hands, he signed their marriage license and timmy and tony will be married in norfolk county, virginia. the day after oklahoma passed its constitutional amendment

gaining gay marriage, sued their state for the right to get married. it has been a ten-year battle to get married. they sued in 2004. today, they got their marriage license in tulsa county, oklahoma. in oklahoma, utah, virginia, indiana wisconsin, it happened today. in north carolina, south carolina, west virginia, colorado, kansas, wyoming, it is about to happen em mentally. >> 2016 it's going to turn back this tide. somewhere tonight, the justice

is listening to opera really loud and saying it's all argle-bargle. the decision today does not legalize rights in all 50 states. am i fairly describing what happened here? >> no, i believe it's perfect. >> let me ask you how you feel? obviously, your case was last summer. and that decision, seeing it effectively become almost the law of the land today, how did you feel about today's ruling? >> incredibly joyous. just incredibly joyous. i feel like this gor yous

accident of history. we get stopped on the street all of the time by young people saying, thank you or starting to cry. >> okay. >> when you look at that decision today, does that undercut? would you be happier if you have a 50 state ruling? >> you know, look. i'm a practical lawyer and i believe in results. soon, it will be 30 states and you're right about the ninth circuit. i think it will include the ninth circuit and i think it will include the sixth circuit,

which will be another four. it will become inevitable, very, very soon. so whether it's by a sweeping ruling which would have been great or by today's decision, which is also great, the reality the reality. and this country soon will know them as married people who just happen to be gay. >> when i was watching, i went back and looked at your comments. i was really struck. i didn't feel insulted. i didn't feel like it was essentially an undignified occasion. and i was struck by feeling that you were surprised by that. that you were surprised that your dignity had been protected in this proceeding. >> i disappointed everybody because they were saying what

was the most important thing that happened that day? the most important thing was -- nan nancy pelossi was seated on the far right and she got up and came over and introduced herself. and i was thrilled. >> so in the moment, it could be anything. >> robbie was incredible that day. and all the other thing, in previous things, i didn't really hear what robbie's answer is. i guess, then, because i had read the bereariefs, okay, i gu that's what she was answering. with the supreme court, i had been hearing things and i heard every word she said. she was so cool and knowing. you know, i thought my heart would burst. >> this has been a really contested strategy. i mean, there wasn't -- you guys were not part of a gay rights master plan where you were picked as the perfect -- and you were picked as the perfect attorney and there's some great

coming together. there's a lot of contested ground over how this should be moved forward. now that it is moving forward and we're seeing the law change in the most unexpected places of all, literally, wyoming, do you feel like this is a resill gent way forward or do you feel like there could be back draking. right now, the polling numbers have started to go down for the approval of same-sex marriage. >> there were 49% in utah last week, which is incredible. i completely agree with you. i don't think it's going backward. i think the decision toad virtually guarantees that it won't go backward. we're going to have the majority of americans in the majority of the united states living to be married. just like eddie and thea's marriage, that their marriage was the same as any couple who had been together for 40 years. most americans will realize that about their friends and neighbors. the supreme court is not going to unmarry anyone. once these people are married,

they're going to be married and this will be the reality for everyone. gh that was the thing. looking a t your relationship, more than 40 years together, had they been making a decision about whether or not you would be allowed to get married. but recognizing that you were, you were plainly mar i ared. not just legally, but you were plainly together. even they couldn't take that away from you. well, thank you both. congratewe lagtss. a huge day. really nice to have you here. >> thank you so much. >> civil rights icon eddie windsor and her attorney right here. with me. i know. it's my job. where he eel be right back. this is kathleen. setting up the perfect wedding day begins with arthritis pain and two pills. afternoon arrives and feeling good, but her knee pain returns... that's two more pills. the evening's event brings laughter, joy, and more pain... when jamie says... what's that like six pills today? yeah... i can take 2 aleve for all day relief.

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it's no wonder more people choose delta than any other airline. 80 pnt of these abortion clinics in texas are going to be basically out of business because of this new law. too much regulation. is that fair? why regulate on the abortion issue now until maybe the law -- maybe that will wait until the supreme court, you win a fight in the supreme court where you out law abortion all together. why restrict the business now in the state of texas. >> the fact of the matter is that we believe that a woman that's faced with unplanned pregnancy is faced with respect,

counseling, whatever it is -- >> sometimes they're gone. they have to drive 2 or 300 miles for that compassion? >> the issue is one thing. that's whether they're going to use taxpayer money to fund abortion. that's the one issue that i think separates this conversation. >> the issue of taxpayer funding for abortion actually has nothing at all to do with what chuck tall was just asking about there in texas. but that gymnastic, snarming evasion was just the best effort to stop talking about what the republican state government in texas just did. in the last year for which there's any data, which is 2011, there were 73,000 women in texas who had an abortion that year. these are the clinics in texas which a woman can get an abortion in 2011. then, last summer, republican governor rick perry signed a new law to shut down abortion clinics all over the state. as of last week, about 2 is

clinics in the state of texas. and then on thursday, a federal appeals court ruling closed in on 13 more. next to the anti-abortion legislation and signed by the republican texas governor, the 73,000 texas women who used to get abortions every year in that state now have roughly 80% fewer choice of where they can get that service. no clinics west or south of san anyone tone owe. nowhere in the whole, huge rio grande valley. if the same number of women want to get abortions, which, after all, is their legal right to do so. the last few remaining clinics in the state would have to stay open 365 days a year doing more than 25 abortions a day seven days a week in order to keep up with the demand. of course there won't be that kind of demand, though, right? not if the nearest legal clinic

is 300 miles away. >> overnight, 13 clinics were forced to stop providing abortion services immediately. the owner tells us now that dozens of women came to the clinic on friday, the day after the ruling. but they had to be told that they could not get the care that they were looking for that day. and there's really nowhere else to go. since the law has passed, that texas law has been expected to end up before the united states supreme court. today, the senate for reproductive rights took steps to make that happen.

they asked essentially toe put that on hold until the case can get a full hearing. >> nantynancy, nice to see you. thanks for being here. >> well, texas is a big place. and this is a radical, radical change that has happened. do we have any parallel in history for a state closing off so much access to so many people? >> no, what we saw last thursday with the decision of the united states court of appeals is unprecedented. in the 40 years since rowe, there's been a lot of litigation, a lot of attempts to shut down access to abortion services. but we have never seen the effect of the law where you lose 80% of the clinics in a state. >> if the texas law stands, do

you think it will become a model for what red states do in the country? >> it's already become a model. we have laws like this in wisconsin and louisiana and alabama. it's been litigated in all of those states. they have nothing to do with hemt and safety. after a trial, they found that there is no medical necessity for these laws. that's why we've gone to the supreme court to try to get these medics back open. >> and is that -- forgive my ignorance on this, is that the basis of the legal path forward and have found that these are too restrictive and they

interfere in a constitutionally protected right. therefore, the court should intervene. is that the path? >> the path is that they should intervene. what the fifth circuit did was wrong. the facts here are clear. the impact is huge. >> in terms of what the impact is, 73,000 women in texas, in 2011, got an abortion in that state that year. what do you expect will happen materially to lose 80% of the clinics providing that service. >> you're going to see women crossing the border into mexico

to buy drugs on the black market. you're going to see women decide that they can't get the abortion that they feel they they need to have. they're going to take the time off from wrork and the money to drive that 500 miles round trip. but what you're going to see for sure, the state of texas, unless the supreme court steps in, the state of texas has been allowed to let the politicians there for absolutely no good reason, cut off action to abortion services. >> in toermings of the court's response, you're obviously asking the court for emergency intervention here. when do you expect an answer? >> we don't know. but what we know is women are being hurt in texas right now. and we need the court to step in. >> ahead on the interview

tonight, we've got the dallas official who is charged with handling america's first-ever ebola case. and he's doing so with remarkable personal involvement in the herb shoe. he's here for the interview. stay with us. that's why we use fedex one rate. their flat rate shipping. exactly. it makes us look top-notch but we know it's affordable. [ garage door opening ] [ sighs ] honey, haven't i asked you to please use the -- we don't have a reception entrance. [ male announcer ] ship a pak via fedex express saver® for as low as $7.50. here we go, here we go, here we go. ♪ fifty omaha set hut ♪ losing feeling in my toes ♪ ♪ nothing beats that new car smell ♪

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this was the scene in dallas county, texas. clay jenkins is the top elected official in dallas county. by title, he is the dallas county judge.

this summer, he announced that dallas county would shelter unaccompanied minors who crossed the border. he said all children are made in the image of god. once he said that, the protesters showed up outside of his house. more recently, clay jenkins has been at the heart to the response of first diagnosis of ebola in this country, which also happened in dallas texas. hoe cede just like in the bible, there needed to be room at the inn for these folks in their time of need. i don't know how that looks to you, where you are, but this is one perspective. naive liberal judge breaks protection.

>> same oppressor wearing same shirt. same shirt. scandal. >> that judge from dallas county, the one with the protesters outside his house and the right wing media scandalized in their right wing ignorance is leading the response to if first-ever u.s. diagnosed case and he is our guest tonight for the interview. stay with us. ♪ there's confidence... then there's trusting your vehicle maintenance to ford service confidence. our expertise, technology, and high quality parts means your peace of mind. it's no wonder last year we sold over three million tires. and during the big tire event, get up to $140 in mail-in rebates on four select tires. ♪ dad: he's our broker. he helps looks after all our money. kid: do you pay him?

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>> this is week two of the texas state fair, which has been held almost every year in dal has since 1886. and for the past few decades, fair goers have been greeted by this handsome fella. his name is big tex. he stands 55 feet tall and bellows greetings like howdy, folks, to everybody at the fair. >> welcome to the state fair of texas. this year, he's also the bearer of an important health warning. >> remember, always wash your hands before eating. >> thanks, tex. always a helpful reminder in any circumstances. but dallas has the special circumstance right now of being home to the first diagnosed case of ebola in the united states.

it has to be said that that is not always bringing out the best in people around the country. remember that whole time when there was a big right wing freakout about czars and the right to decide it was a huge scandal for anyone to be a czar of anything? he now says we ought to pick a czar to fight ebola. so the first ebola case in the united states, it may be just one case, but it is causing an odd outbreak of some strange politics in some corridors.

in other corridors, the closer you get, you're getting a different outbreak of politics. politics of pragmatism. the commitment from officials who are on the front lines. officials are monitoring 48 people who have had some type of contact with him after they came in this country. officials say they are closely watching ten people, specifically, including four people who lived in the apartment where this man was staying when he fell ill. ebola is only contagious if the person who has it is also exhibiting symptoms. today marks eight days since the patient was put in the hospital and in isolation. on friday, decontamination

workers started cleaning the apartment where the man had been staying. as of noon today, local officials said that has been complete. dallas county judge clay jenkins is the top administrative official in dallas county. he's been leading the response on the ground. judge jenkins, you might remember from earlier this summer by afoinsing that dallas county would take responsibility for housing kids from central america who crossed the border into texas in such huge numbers this summer. this is about children. it need not be partisan. these are not others. these are children.

june jenkins made that case over and over this summer. now, he's handling it in exactly the way you think. he's handling it with unapologetic compassion, specifically con serping the way that dallas county is treating not just health workers first patient, thomas eric duncan, but his relatives who were confined to that apartment where mr. duncan fell ill just two weeks ago. watch. >> those people in the apartment are part of dallas county. and they are going to be treated with the utmost respect and dignity in this unusual situation. >> i am concerned for this family.

i want to see this family treated as my own -- as i would want to see my own family treated if i were incapacitated in the hospital. >> we have moved the family to an appropriate location, a location that would be acceptable for my family or your family to be in. >> on thursday, judge jenkins entered the apartment where this first patient had been staying. and he met with the family who was living there and had been ordered to stay confined there after the patient was admitted to the hospital. judge jenkins wore his regular clothes into the apartment. it had not yet been cleaned by the hazardous crew at that point. the crew says judge jenkins personally drove the family to a new home that they could stay temporarily. a home that he found through the faith-based community in dallas. >> so my first call of the day was to a faith friend. and i told my faith friend,

there's no room at the inn and we need your help. and mike called that same faith friend. and that faith friend was able to find something that is suitable and secure and safe for this family. what i told louise last night, i don't want to see you treated any differently if i were the man in prisesbyterian hospital fighting for mile life. so the faith community stepped up once again. >> judge jenkins has been a very, very reverent man. but what he's been modelling is a form of leadership that is obviously very calm, but also pragmatic and personal in the face of a lot of fear from a lot of other people. joining us tonight for the interview is dallas county judge clay jenkins who has been leading the response in the u.s.

judge, thank you very much for being back tonight. welcome back. >> hi, rachel. nice to be with you. >> want have been your greatest challenges in dealing with this. i have seen you put one foot in front of the other. i've seen you be deliberatively, even ostentatiously calm when a lot oaf other people are excited and worried. what has been hardest for you. >> i think the hardest thing is just to try to make sure that everyone in this, from the people that are being monitored to the people that are afraid and everyone in our community is being treated with respect and is getting the information that they need to know that we're doing everything in our power to keep their family safe. and there were a lot of challenges when i overtook this incident command. everyone is working really hard.

we're making steady progress. and every 15 minutes, we're a little bit closer to being to the end of this outbreak -- it's not an outbreak, this situation. in terms of the way that your action has been received, is it perceived that people aren't going to be contagious unless they've got symptoms and somebody who hasn't been exposed shouldn't be seen as a carrier or vector of the disease. you've been consistent about those details. do you fine that those people understand those basic facts of what ebola is. ? >> i think so. this is not a new disease, but it's new to dallas county and america. the cdc and the national institute of health has been evolved in every ebola outbreak

or case since it was discovered if 1976. so the science is clear and i'm relying on the science. i think a picture is worth a thousand words. i wrant her to know i spot her and the three young men who need help, i wanted to help them. but i also knew that our citizens would see that and know that the words that we were saying were true words and they could tell that because we weren't dressed like spacemen. >> i have to ask about the initial response. it seems like you've been clear about what the risks are and what the risks aren't about this dsz t et seems like you've been able to make yourself available

on a daily basis as have other health officials. but it did take a very long time to get that apartment cleaned up, to get the hazardous material and potentially hazardous material to get them moved into better a come dagsz. why were there delays around some of the basic needs of the people who definitely hadn't been exposed to mr. duncan when he was ill. >> it took too long. we've got to streamline this process. as i have said to my faith friend who found the place where she's now staying, there was hit rally no room at the inn. we tried every apartment owner, every rent house, every housing unit. the fear kept anyone from agreeing to allow them to move there. and then the permitting process and the uncertainty about how

things can be disposed of between the various agencies, led to longer than i wanted for the clean-up. it was important to me the night before louise and the three young men and i moved i went over to see her with an epi team from the cdc and dallas county. and told her on behalf of all government anyongencies that i wasn't happy with her living conditions and we wanted to treat her the way that we would want to be treated in that situation and pledged to her that i would get her and those three young men out of there. and, luckily, we were able to do that. unfortunately, it took nearly 24 hours. but we were able to get them to a great location. >> dallas county judge, clay jenkins. the response that you're leading in dallas county, you and mayor there and the other local officials there, will be studied for a long time in terms of what went right and what went wrong

and the way you handled your lead i recall ship responsibleties with when america dealt with this for the first time ever. thank you for helping us get through it. i really appreciate it. >> thank you very much. dallas county judge, clay jenkins. all right. we'll be right back. stay with us. [ starter ] ready! [ starting gun goes off ] [ male announcer ] it's less of a race... yeah! [ male announcer ] and more of a journey. keep going strong. and as you look for a medicare supplement insurance plan... expect the same kind of commitment you demand of yourself. aarp medicare supplement insurance plans insured by unitedhealthcare insurance company. go long. insured by unitedhealthcare insurance company. nineteen years ago, we thought, "wow, how is there no way to tell the good from the bad?" so we gave people the power of the review. and now angie's list is revolutionizing local service again. you can easily buy and schedule services from top-rated providers. conveniently stay up to date on progress.

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programming note. she has been called the soul of the democratic party and the scourge of wall street. she has said she will not run for president, but it is hard to find another democrat who has as much real candle power on the campaign trail as she does. she was in oregon today helping jeff merkley in his effort. she's going to wisconsin to help mary burke try to beat scott walker there. but tomorrow she will be here. elizabeth warren of massachusetts is the interview tomorrow night. see, i told you it was a programming note. elizabeth warren here, live, tomorrow. but coming up here next, it's the worst ten-year anniversary ever, and the worst possible way to celebrate it. do it with me next. what's in a can of del monte green beans? ( ♪ )

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this was ten years ago tonight. >> there are no weapons of mass destruction in iraq, and there haven't been for a long time. that's not a campaign charge from senator john kerry, that's the conclusion of the administration's own weapons inspector in a report and testimony today. he said that saddam hussein has not produced wmds since 1991, the end of the first gulf war. he was eager to get into the wmd business, but he flatly contradicts the reason for going to war in iraq and the intelligence that led him to that decision. >> that was ten years ago. we get the inconvenient report about why they wanted to, needed to start a war in iraq was wrong. charles dullfer led the huntfor

weapons of mass destruction, and he didn't find them because those weapons were not there -- or were they? there still exists a fringe who believe that saddam hussein really did have weapons of mass destruction. george bush couldn't have been wrong about that. even president bush had to admit he was wrong about that. >> part of the reap we went into iraq was, the main reason we went into iraq at the time was we thought he had weapons of mass destruction. terms out, he didn't. >> even george w. bush had to admit he was wrong about weapons of mass destruction. iraq did not have them. but today, on the ten year anniversary of that being proven, today, have you met the republican u.s. senate candidate from iowa? her name is joni ernst.

and joni ernst, in addition to many other amazing things about her, she says she has secret information that in fact saddam did have the weapons. she knows, personally. somehow. >> i have reason to believe there was weapons of mass destruction in iraq. >> what is the reason? what -- >> i will tell you, my husband served in saudi arabia's central command for a year. and that's a hot button topic in that area. >> it is a hot, it's a hot button, saudi -- we are four weeks out from the elections this year. it is ten years since our officials admitted that the wmds was a lie. we've admitted it was a lie.

but apparently it's not such a big lie that it keeps you out of the running for a united states senate race in 2014. i guess. really, iowa? it's not a problem? happy anniversary, worst anniversary ever. that does it for us. we'll see you tomorrow. now it's time for the last word with lawrence o'donnell. >> i wish this wasn't true, and i do have a prediction for you and that is that you have not done your last segment about a republican who believes there were weapons of mass destruction in iraq. >> you have some other things to sayni ernst. you are correct. she'll be the leader on the caucus on the new senate. oh, my god. thanks. so what is the most important thing at stake in the midterm elections? it is, of course, the control of the senate.