if it goes up for a vote, a move that could sink the democrats' plan. >> he will not have my vote on $3.5 trillion, and chuck knows that. what's the urgency we have? it's not the same with the american rescue plan. we got that out, and it was about $2 trillion, and on top of that, and all the things, it's leading up to that. we have done an awful lot, and there's an awful lot of people, and we have jobs that aren't filled right now, and some are unemployed. something's not matching up. don't you think we ought to hit pause and find out? >> meanwhile, the capitol on alert amid protests with those arrested in the january 6th riot. fencing will be put around the building as nancy pelosi has a security briefing tomorrow. we have a live briefing coming up. the fbi released the first of several documents related to the september 11th attacks.

those still heavily redacted, it details contacts between saw dee associates in the u.s., but does not provide proof that saudi officials were complicit in the plot. new polling today shows dwindling support for donald trump to run for white house from members of his own party. a majority of republicans want trump to be the party's leader, but 49% say the gop would be better off with a different nominee in 2024. let's go beyond the headlines now. lauren egan is in delaware. ally vitali is at the capitol. he did make a bid to the press in shanksville, pennsylvania. >> reporter: that's right. the president's message yesterday was one of unity. he praised president bush's speech that he gave on the anniversary of the 9/11 attacks and he really echoed this message of the country coming

together, touting how the country uniied after 9/11. take a listen to what he had to say. >> i just -- i just think -- i thought that president bush made a really good speech today. genuinely good speech about who we are, and who we're not. the core of who we are is not divided, and so, you know, it would be inappropriate for me to tell you the number of serious republicans in the past and few who are still around who call me and tell me, what can i do to help? they get it too. >> allison, what's notable there is the president is wearing a mask. underscoring the difficulty he is facing making good on his campaign promise to unify the country. that's been the crux of his presidency, and it's only going to get more complicated as hi

pivots his attention away from the war in afghanistan and starts to refocus some of his energy not just on combatting the coronavirus pandemic which republicans have pushed back on nearly all of his efforts there, but also the infrastructure deal. allison? >> thank you. let's go now to capitol hill where tomorrow top lawmakers will be briefed on security concerns ahead of the justice rally supporting those arrested during the january 6th riots. ali vitali is on capitol hill for us. what does congress do to get ready? >> reporter: fencing going back up. law enforcement preparing for that rally, and lawmakers ready to be briefed. tomorrow morning we're going to see speaker nancy pelosi briefed by the capitol police along with the leaders from the house and the senate. her counterparts, kevin mccarthy on the republican side, the minority leader mitch mcconnell as well as majority leader chuck schumer. they're going to hear about the security precautions being taken ahead of this rally next

saturday, but we've also already seen some small signs that things are going to be changing here on the ground from a physical sense. we've seen some boxes with cameras mounted on top of them at various points at the clom. we're likely to start seeing that fencing go back up around this week ahead of saturday, but those are just the physical preparations. there's also an emotional piece of this. even though this was several months ago, it's still so raw and so visceral for everyone who was on the capitol complex that day from staff to journalist to lawmakers. there's grappling with that as well ahead of this rally that supports the insurrectionists who infiltrated that building. here today, listen to congressman kelly this morning. >> we have members of congress, so-called legitimate voices. the minority leader of the house continually trying to pretend that january 6th didn't happen, and that is a precondition for

it happening again, to try to nullify the voices that somehow because they support their politics, they can be let off scot-free. it's such a frightening thing. the thing i'm most concerned about, where is kevin mccarthy? where are the republican leadership? where are those voices when they see them coming again around another potential attack? >> reporter: so some democrats and republican lawmakers hoping that more rank and file as well as senior republicans step up and denounce this kind of a rally that's coming on saturday. i want to be clear that there is a big difference between what we saw on january 6th and what we're likely to see on saturday, and it all stems from the fact that it's a saturday, and lawmakers won't be here. the house won't even be back in session until the following monday. so the fact that it's an emptier capitol complex is really important here as we go about seeing security preparations under way, alison.

>> ali vitali thank you so much. pete baker is here with me. peter, thank you so much for being with us. i want to play some clips of the messages from our current and former presidents on the 9/11 attacks. take a look. >> this is the 20th year of this war, and should have been a year of victory and honor and strength. instead, joe biden and his inept administration surrendered in defeat. >> we saw a national unity bend. we learned that unity is the one thing that must never break. unity is what makes us who we are. >> there's cultural overlap between extremists abroad and extremists at home. they are of the same foul spirit. >> releasing in part, saying 9/11 reminds us of how so many americans give of themselves in extraordinary ways not just in moments of great crisis, but every single day.

let's never forget that. let's never take them for granted. before we break down the presidents individually, what's your sense of the differences in the messages over the weekend? >> this is like the old "sesame street" song, right? one of these things is not like the other. president trump is not like his fellow presidents, republican or democrat, which you saw yesterday. it was a very stark demonstration of that. he didn't go to any of the official ceremonies to stand alongside other presidents as barack obama, bill clinton and joe biden did. as george w. bush did in shanksville. instead he paid a separate visit to a police station, to, you know, make his own message separate from that, and talk about how he's planning to run again for election and he's, you know, using that video to attack his successor. you didn't hear any of that from the other presidents. the other presidents were talking about broader themes, broader themes about unity in america, what 9/11 taught us, what 9/11 should teach us, what we've learned since then, and the connection is between the

violence of that day, and the violence we saw on january 6th, and the polarization of our society. george w. bush's speech was what powerful statement, making the connection between domestic terrorists and foreign terrorists, and he has a certain, you know, particular voice in that given that he was the president on the day of 9/11 when he had to face the consequences of this al qaeda attack. so i think you saw basically how president trump stands out from the others. he wants to stand out by the way. >> yes. >> that's his choice. that's how he appealed to his people. he's always mocked the idea of being presidential. being presidential is boring, and that's the way he did it, and he obviously spent the evening at a pay per view fight and, you know, showing a very different kind of commemoration of 9/11 than his -- than his peers, his presidential peers. >> all right. let's talk about the current president. while talking with reporters in shanksville, pennsylvania yesterday, president biden defended the withdrawal from afghanistan. take a listen.

>> it's other places. that's the strategy. every place al qaeda is, we're going to invade and have troops stand? come on. 70% of american people think it was time to get out of afghanistan, spending all that money, but the flip of it is, they didn't like the way we got out, but it's hard to explain to anybody, how else could you get out? >> what do you make of those comments on 9/11? do you see that as a response to president trump? >> well, it's a response to his critics, and some of whom are in his own party as well. i think he's obviously defensive about the way things looked. obviously nobody would have wanted to see the taliban flag flying over the presidential palace in kabul on the 20th anniversary of 9/11. i was in afghanistan days after 9/11 20 years ago when the americans first began, you know, the operation there, and nobody at that time would have imagined that 20 years later, we would be handing the country back over to the taliban, so he's a little defensive about that. he's right obviously that the americans broadly are glad to be

out according to polls and he's right as well that americans don't think he handled it very well. part of his problem is, well, it was always going to be messy in effect, but that's not what he said. part of his problem is his own expectations. when he announced this, he said it would be an orderly withdrawal, and no circumstance which it would be saigon-like or highly unlikely that the taliban would take over right away, and all of that turned out not to be the case. he failed his own expectations that he set, and that's caused political problems. in the long run, he's banking on the idea that americans are tired of these overseas wars and they'll broadly forget or at least put aside how ugly and messy the withdrawal was and appreciate the fact that americans aren't there anymore. >> i want to go back to president bush's remarks which you commented on a bit earlier, but they're getting a lot of attention. we played them just a moment ago. there's a newsweek headline on this that reads, george bush

delights democrats infuriates maga world with veiled january 6th 9/11 comparison. do you think that's accurate with his remarks across the country? >> yeah, of course. one of the things that president trump ran against was president bush. it's a very unusual thing to have a president run against another president of his own party, but that's something he did, and he, you know, it resonated at least with some republicans who agreed with him that president bush hadn't handled his presidency well, that it were back on the right, as tired of the wars in iraq and afghanistan as they were on the left. that was trump's political calculation. he was a big critic of president bush. that's not surprising that he wouldn't like his message here, but president bush's message here i think is an important one, not just for democrats, but obviously for a lot of republicans in which he's saying that extremism is extremism, and it may look different in some ways and they have different cultural backgrounds, but it doesn't make it any better if people are storming the capitol with violent intent to overthrow a democratic process here in

washington as opposed to doing it in kabul or baghdad or some place overseas. he's chosen to very carefully speak only on occasion since he left office, but this is a message he wanted to get across today. >> let's talk more about president trump. we said he was not at ground zero, that he spent part of 9/11 providing commentary during a pay per view boxing livestream. what do you think this was really all about? is this business? is this politics? is this ego? how would you define what this was? >> yes, yes, yes. i mean, all of those things. you know, president trump, he is a counterprogrammer, right? >> yeah. >> he goes against the traditions and norms and the way we're used to seeing a president go, and he's okay with that. that appeals, at least he thinks, to his core supporters, that he's one of them. in a way that elites like bush and biden and obama and clinton aren't.

and it's his way of connecting to a certain part of the base. now, you know, obviously he -- he is clearly positioning himself to at least leave the impression that he's going to run again for office. he wants people to pay attention to him, and the way they'll pay attention to him is if they see him as a potential candidate in 2024. he'll keep that alive for as long as he can, and i think he wants to, you know -- to be part of this conversation. it's not really about issues. as you say, it's really about him. he talks about the election last fall and how he feels like he was cheated even though the evidence is the contrary, and he talks about biden in a way most presidents don't talk about their successor. most presidents even if they don't like them, disagree with them, but they keep quiet because that's the respectful thing to do. that's not president trump's way. he is attacking president biden every day with the visceral language you would hear on a

campaign trail because for him, the campaign never stopped. >> thank you for spending part of your sunday with us. i appreciate it. the nfl kicks off its season, but some players still refusing to get a covid shot. the league does not have a vaccine mandate, but stadiums want fans to prove they got theirs or else. prove they got theirs or else it's velveeta versus the other guys. clearly, nothing melts like velveeta. ♪♪♪ clearly, nothing melts like velveeta. we did it again. verizon has been named america's most reliable network by rootmetrics. and our customers rated us #1 for network quality in america according to j.d. power. number one in reliability, 16 times in a row. most awarded for network quality, 27 times in a row. proving once again that nobody builds networks like verizon. that's why we're building 5g right, that's why there's only one best network.

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breaking news. tropical storm nicholas just formed in if t gulf of mexico. nicholas expected to drop 5 to 10 inches of rain in texas and louisiana, and more than a foot in some spots. that's expected to strengthen as it approaches the united states tomorrow night or early tuesday. the coronavirus pandemic, the u.s. surpassed 41 million cases overnight. there are now more than 626,000 deaths. earlier this week, president biden announced several new mandates to try to slow the spread. meanwhile, new york city mayor bill de blasio's key to nyc pass

kicks in tomorrow. it requires all workers and patrons of indoor venues to show proof of vaccination. there is no testing out option in this program. also tomorrow, it's the first day of classes for new york city schools. there are no plans for a vaccine mandate for eligible students, but teachers need to get vaccinated by the end of the month as mandated by the city. it's the first week of the nfl season. kickoff in less than an hour, with many stadiums raising coronavirus concerns. morgan chelsea is in dallas. what kind of protocols are put in place for players? >> reporter: they're hoping to keep this season intact. there is a big difference between vaccinated and unvaccinated players. 93% of their players are vaccinated, and if you are unvaccinated, that means you could be doing significantly more protocols than unvaccinated

players. either way, across the league, we are seeing unprecedented steps as each organization does whatever they can to keep their season intact for the long season ahead. >> steps up, and the rush. touchdown. >> reporter: it was a season opener so thrilling you almost forgot it was played mid-pandemic. tom brady and the bucs to come back to beat the cowboys. star lineman zach martin out after a case of covid. 93% of players are vaccinated, but far from over. >> that's the one thing that the league is grappling with right now is that it thought that this would have receded somewhat, and in many ways it hasn't. >> reporter: with ticket sales up and fans back in the stands, some teams are still one positive test away from a star player sitting out. indianapolis colts quarterback carson wentz, one of the few saying he won't get vaccinated. >> i'm not going to go into depth on why, but i will say, you know, it's a personal

decision for me and my family. >> reporter: those refusing the shot are tested daily, and forced to sit out five days after close contact with a positive case. >> if your team was 100% vaccinated, there's far less likelihood that you will suffer some kind of a catastrophic breakout during the course of the season. >> reporter: when the patriots take on the dolphins, it'll be letd by rookie qb mac jones named starter after cam newton's vaccination status was unknown. they will welcome a mandate, but the players union isn't on board yet. for all those ready for some football -- >> how about tom brady? how about dak prescott? this is sick. what a game. >> reporter: it'll be fingers crossed for both their team and a covid test. and consider the statistic from the nfl. they say their research shows an unvaccinated player, seven times more likely to catch covid than a vaccinated players, and if you

are a fan for the los angeles raiders, seattle seahawks or the new orleans saints, well, get ready to show a proof of vaccination card or have a negative test within 72 hours of a home game. that's some of the protocol going into effect for the fans this upcoming season. alison? >> morgan, i know there are a lot of covid concerns, but man, is it great to have football back. thank you so much. new reaction to an appeals court decision to reinstate ron desantis' ban on masks in schools. the order will remain in place while the issue moves through the courts. nbc's stephanie stanton is in tampa, florida. what are you hearing there? >> reporter: yeah, alison, the governor is calling this a victory for parental choice, but some parents don't see it that way, and they are concerned for their kids' safety at school. now let me give you some background on this. two weeks ago a judge issued a stay in the ban on mask mandates siding with a group of parents who sued the governor under grounds that their kids were at

risk. now the governor appealed that ruling immediately, and on friday an appeals court actually agreed to lift the stay temporarily while you said, while this issue winds its way through the courts. a handful of school districts, they are defying the governor any way they are putting in their own mask mandates. miami-dade county is one of them, and let's take a listen to what the superintendent of schools there had to say. >> this should not be a political issue. this is a health concern issue. we've never debated the value of vaccination for measles, mumps, polio or hepatitis. what's different now? >> yeah. >> the conditions, the health conditions are not causing this issue. politics are, and sadly here we are debating this from a political perspective rather than a health benefit perspective. i am concerned for our kids. they are being used as political pawns in this political chess game, and that is reprehensible.

>> reporter: so for now, masks will continue to remain optional in schools here in the state of florida. this also gives the governor the green light to begin taking some salaries from some school board members, actually withholding funding from some of to those school board members including those here in hillsborough county in the tampa area because they are also defying the governor's order by mandating masks in schools. it's a complicated issue. the governor still has very strong support on the ground here in florida, and alison, all of this coming as the state has actually broken coronavirus death records for the third week in a row, more than 2,400 deaths reported here in the state of florida last week alone. >> stephanie stanton in tampa, thank you so much. a new poll showing republicans are split on whether former president trump should run again. 51% say the gop would have a better chance of winning with

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there's little cultural overlap between violent extremists abroad and violent extremists at home, but then there's disdain, and their disregard for human life, and their determination to defy national symbols. they are children of the same foul spirit. >> former president george w. bush yesterday commemorating 20 years since the september 11th attacks and making headlines for alluding to january 6th when condemning violent extremists both foreign and domestic. joining me now, john callaway

democratic strategist, and susan delpercia. susan, we'll start with you. what did you make of the former president's comments yesterday? what message do you think he was trying to send there? >> first, he acted like a former president should act. he looked pack at the country. he thought a message the country needed to hear which was about unity. it wasn't about politics. i know how i felt yesterday, 20 years later having been in new york on 9/11, and the days and weeks after. i felt so sad that our country is so divided now, and i wonder if we ever can come together again, and the former president bush really tried to i think, go on that and say, we can come together, but we have to recognize extremists here and

abroad, but especially here under the way our country is right now. >> don, how did you interpret it? did you ever think you would see democrats applauding a speech from george w. bush? >> well, george bush's reputation has been sanitized over the last several years in a way that has worked to his advantage. so i can see that, but you also have to hold him in comparison to the previous president, and while i disagreed with george bush on pretty much all of his political decisions over his eight-year term, he was a stark contrast to what we have had before, and it's very hard to argue that he is not a good and decent man which he clearly is, and we saw that yesterday, and i think the democrats and decent folks on the republican side are positioned to recognize and appreciate the goodness and decency that we're all looking for out of our leadership, and i think it's so extraordinarily important when he pointed out that same foul spirit that caused us to be attacked on 9/11 lives here in this country too,

that spirit of extremism, and hatred. we can no longer detach ourselves as americans of good will and conscience. we cannot attach ourselves from the belief this exists too, and we have to look to eradicate it, whether it's fundamental islamic or white terrorism. >> for the rally this week, it's called justice for j-6, and supporters supporting the people arrested during the january 6th insurrection. do you think history will repeat itself here? >> i think our capitol officials are now well aware of that, but i want to tie the thread from what bush said to this upcoming rally, alison, because he said something very important in that speech that often gets lost because we were so impressed with the republican former president calling out extremism in the united states, but his line that mattered most is when he said, and it is our duty to confront it.

and i promise you there are a lot of kind of former republicans or never-trump republicans, folks like myself, susan, and others who heard that calling to stay in the fight, to confront this extremism, and it is that type of extremism, that whether it turns violent in this rally in the capitol, or stays peaceful, it is one of those extremisms that are going to be affirmed and supported and members of congress will participate in this, and use what leadership currency they have to actually further the flames and peddle this, and say those who committed the insurrection are being wrongly held accountable for it. >> while president biden went to both memorial sites, plus the pentagon, donald trump didn't go to ground zero or any of those formal ceremonies. susan, were you surprised by that, or by now, do you just expect him to go his own way? >> i expect him to go his own

way. he -- in all his tenure, donald trump has never tried to serve this country. he's always wanted something from the country. so it comes at no surprise that he would at the last minute, and it was last minute. it was unplanned, decide to go to a firehouse and see nypd and new york fire members just because he needed to do something because it looked so bad. he didn't care because look at his words when he spoke. all he talked about was himself, not the sacrifice of the people that served with these men and women who we lost 20 years ago. is it surprising? no. is it shocking? no. the it sad and pathetic that this man all he cares about is himself on such a solemn day? yes. >> david, when trump spoke at the nypd 17th precinct, he

teased a 2024 run for the white house. your reaction? >> yeah. he's showing a lot of weakness with his 2024 narrative. he has to lean into it because whether he runs or not, there are already leading republicans nationally running. ron desantis is running for president. nikki haley is running for president. perhaps kristi noem or ted cruz, and they are doing the things that presidential candidates do. so if donald trump thinks he's going to run in 2024, his hand's getting forced a little bit here because what you are beginning to see is leaders like desantis, noem and others talk about who will be the gop nominee. >> that was early in the day. later on he did live commentary for a pay per view boxing match. if any other president or former president did that on 9/11, how do you think it would have gone over? >> i think this is the entrance into what if barack obama had

done x? we know how it would have gone over. it was a despicable thing to do, and we can talk about how it was, but the far more important thing as susan and david have reminded me week after week on this show, is trump has to continue to get paid to feed the grift. he goes out and does these speeches and does the save america fund-raising emails. he's in copious amounts of legal jeopardy, and some of it civil and some legal. he has ongoing investigations going on, as well as federal investigations. he has to keep the money train going, and that's why you saw him officiating or calling or commentating at a c-rate boxing match last night. it was a despicable event, but that's the state of trump inc. right now. >> i see you smiling and nodding along. what's your take? >> yeah. as don said, the three of us

have been talking about donald trump and his need for money and his need for relevance now especially. david makes a great point about donald trump no longer being the top narrative or close to not being the top narrative for 2024. his schtick is getting tired with supporters and they're already riled up. they don't need him with this to keep going whether it's the big lie or the extremism. donald trump needs them more. he'll try any stunt he can pull. it's -- it's just unimaginable that a former president of the united states would actually go and do this on 9/11, and yet donald trump did. i can't think of one thing donald trump did that was presidential. so there you have it. >> david, your take on schtick? how much longer can this go on, and is it helping him up against

these other potential candidates who you say are already running nationally? >> no. look. the man's a hustler. a pay per view boxing audience. go to the constituent constitue kristi noem and ron desantis are going. one of them will reach president in 2024. donald trump is not behaving like a serious candidate. he's behaving like someone who needs the resources. he's not going to change. >> thanks to all of you for your perspectives. particularly to don for the school spirit. thank you so much. it might not be immediately apparent, but there are reasons the recall election in california this week could have implications for this week. it's so important, the president is going there. it's so important, the president is going there >> we are expecting this to be a rain and flood event. to be a

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president biden in california tomorrow campaigning for governor gavin newsom in the state's recall election. newsom resurging before the polls close tuesday. jean grer ra joins me now. jean, the latest polling shows newsom will likely keep his job. 60% of voters now against the recall. just 38.5% in favor. those numbers were a lot closer a few weeks ago. what's changed here? >> well, what's changed is governor newsom has been campaigning among communities of

color who will be the decisive vote, particularly latinos will be the decisive vote in this election, and early on, latinos in california were being bombarded with misinformation and anti-newsom propaganda on social media, and we're not aware of the fact that this recall election is largely about disenfranchising latinos and voters of color. it was launched by natiists of pro-latino steps that were taken. i've spoken to many latino leaders who say he's been the most pro-latino governor in california's history extending health care to undocumented seniors investing more heavily and any governor we've previously seen which helped not only latinos, but made big changes. they're getting the correct information and understanding what is at stake for our communities in california. >> president biden's campaigning for newsom tomorrow in long

beach. the president doesn't have the best approval rating right now. how helpful will he really be? >> i mean, i think he's helpful to bring attention to the fact that this election will have national consequences. this is not just about california and the potential that this recall election has to take back to the 1990s when we had incredibly anti-immigrant and anti-black policies in place, but this could also tip the balance of the senate. a republican governor would have the power to appoint a replacement for senator dianne feinstein if anything were to happen to her, and, you know, that would tip the balance of the senate. it would throw a wrench in any of the efforts that the biden administration would attempt to make in the future. it would also embolden anti-immigrant xenophobic governors in other states, that pt to take actions like larry elder is proposing to take. >> let's talk more about him. there are 46 candidates in this

recall election. larry elder the republican broadcaster is the front-runner to take over should newsom lose his job. even if he doesn't though, there's a lot of talk about elder's political future. tell us more there. >> well, larry elder played a key role that often goes unacknowledged in the rise of trumpism nationally. he mentored some of trump's key accolades including stephen miller which i wrote about in my book "hate mongerer." he mentored him from the time he was a teenager. he also had an impact on andrew breitbart and alex marlow who is the editor in chief of breitbart, and played a role in the 2016 election of trump. larry elder told me himself that he believes that because he is a black man who is espousing these beliefs that appeal to largely white audiences, that he's given

these people courage or confidence to espouse the same beliefs because they can say well, you know, i'm not a racist because a black man is saying the same things, but this, you know, larry elder has made a career out of denying the fact of systemic racism and his views were shaped by a well known white supremacist named jerry taylor who maligned black communities using false and misleading statistics painting black people as more violent than white people. his ideology, it really is a danger, represents a serious danger to communities of color in california and across this country. if he were successful in this recall election, it would have devastating effects for racial justice and immigrant rights across the united states. it's incredibly important that we recognize this and, you know, people go out and vote no on this recall election. >> so with all that said, some of to our viewers might be watching thinking, is this man

about to be the next governor of california? let's just talk about his chances. >> well, so it would be impossible for a republican to win the governorship in a regular election, but this election is special. it's a sort of anti-democratic election because the winner would only need the plurality of the vote. so if just one additional person votes yes on the recall, it's very possible that someone with only about 30% of the vote or 20% would end up becoming the governor of california, and it would be larry elder because he's very much polling the highest out of all of the replacement candidates. it is possible that he could win because the people who were at the most energized to vote at least in the beginning were the minority of voters in california who embrace white supremacist beliefs and who are excited by larry elder's candidacy, but that has begun to change as people have begun to realize what is at stake here for -- for

our communities. >> all right. it looks like governor newsom is going to survive this recall, but the polls don't close until tuesday. we'll see what happens. thank you so much. >> thank you. the justice department's lawsuit to block that new texas abortion law is being called a legal hail mary, but what are the chances this suit will actually succeed? t will actulyal succeed elicious omelet was microwaved? get outta here. everybody's a skeptic. paper money. it's the future! get outta here. i'm leaving with my gold. it's not crazy. help me, mother. it's an omelet. just crack an egg. age before beauty? why not both? visibly diminish wrinkled skin in... crepe corrector lotion... only from gold bond. start your day with crest 3d white and from mochaccinos to merlot, your smile will always be brilliant. crest 3d white brilliance. 100% stain removal, 24 hour stain resistance to lock in your whitest smile.

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they're now going to debate it again and vote again. >> we have to be very precise. . new questions today about whether the restrictive abortion law in texas will survive a legal challenge from merit garland. steven briar who wrote an opinion was asked about it in an interview with npr. >> i thought the last decision you mentioned was very, very, very wrong. i thought that that particular case should not be decided just on an emergency basis. but it's a procedural matter and

so we'll see what happens in that area when we get a substantive matter in front of us. >> joining me now, cynthia, msnbc legal analyst and former federal prosecutor. how do now interpret his remarks? do you get the sense he expects us to come back before the supreme court? >> it's not a procedural matter if you're a woman in texas. if you live in texas and you have to drive 1,000 miles to get an abortion, say you have three kids, don't have any money, you functionally don't have any rights anymore. you don't have right that is other women in the united states of america has. it is bad. and it's more than procedure. and they have taken away these women's rights and effectively overturned roe v. wade in the

state of texas. >> there's one part of the law raising a lot of eyebrows. how do you interpret the part of this law that enables private citizens to enforce the abortion ban? is that constitutional? >> i don't think it is. i think the entire law is unconstitutional and if we had a regular supreme court, it would have been overturned on the infamous shadow document. that's not what happened. they designed a law that they could sort soft look the other way. everybody could look the other way and pretend they weren't overturning roe v. wade and they could get away with it. merritt garland has done something important here in filing this lawsuit, the united states v. texas. not in a sneaky way, like they came, to try to play gamesman

gamesmanships with procedure. this is the law of the land. it is a constitutional right until it's overturned and texas cannot take that away by using this you know, silly militia system, which could turn out to be dangerous. it's more than silly. silly in that it's so improper. he's come at it straight away and it's a very important lawsuit. i am concerned that it's not going to win. that's because there are five members of the supreme court who appear ready to overturn roe v. wade. we're about to be at a time when women do not have control over their own bodies in the way that they have every right to have. that's why every election matters. this midterm election really matters. we need some legislation to protect the right to control our own body. it's somewhat frustrating for me, having grown up in this, we've had this right since 1973, but it's been threatened since then, too, and the legislature should have done something. congress should have passed this

law before, but it's never been important enough, quite frankly, to the majority of the people in the legislature and i find that outrageous and i implore everybody to be angry about it and to demand something happens with their congressperson. >> texas attorney general signaling on twitter, not on my watch. is there any room for states to challenge biden here? >> well, first of all, ken paxton to now suddenly be interested in people's bodies is enough to make you physically ill after what they've done to take away woman's right and they've taken away the mask. what biden is saying, you have to either get a vaccine or you have to have a religious exemption or you have to test. you know, we're not lining people up and forcing vaccines

or, so there's lots of options in this vaccine mandate. it's not the same thing as taking away a person's right to control their body, in my opinion. but yes, they can sue, and see. i don't happen to think they're going to win. i think that because the osha regulations that allow the federal government to control the health and safety in the workplace and to set standards in the workplace that the president is on solid ground and that he can continue to go forward, but they can sue. you know, people can sue. and just like the united states can sue texas when they don't approve of that law, texas can sue the u.s. u.s. can sue texas. >> you always bring the fire and passion. thank you so much for being with us today. >> i'm mad. stay mad! >> nancy pelosi holding a security briefing tomorrow. i'll speak to an intelligence committee member about the

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