country and in the short term reshape the course of the 2022 mid-terms. ed to today a right looks gone to terminate an unwanted pregnancy. the leaked draft supreme court decision overturning roe v wade is authentic. chief justice roberts confirms the text is real and it is not sure and promised a leak investigation. if it does stand, we sign on from justices alito, thomas, gorsuch and cavanaugh and barrett. the right to an abortion would fall to each state. so a team of which have automatic twig trigger laws. in some states, there are no exceptions for rape or incest. meaning women will by law be able to carry it to term nor pay

parental leave or universal healthcare. according to 2019 data, six in ten women who have abortions are already mothers. of all the abortions performed, 43% occur in the first six weeks. 92% in the first 13 weeks, i e, first trimester. for those that seek it later, they are more likely to be poor, young or have serious health complication. they would be required by the government to carry to term without guaranteed support from that very government. key are monitoring the reaction outside the supreme court along with voters. we are hearing from lawmakers. does this change to codify roe into law? most senate democrats want it. will some republicans now too? here is senator lisa murcowski

who says her confidence in the court has been quote rocked. >> if it goes in the direction that this leaked copy has indicated, i would just tell you that it rocks my confidence in court right now. senator cohens and i in february introduced a bill that would codify roe v wade. i thought it made sense then. i think it makes more sense now. >> joining me outside the u.s. supreme court. julia ainsley, former chief spokesperson for vice president harris and msnbc host and former co-host of the sister-in-law podcasts and senior editor for slate and host of the amicaus podcast. they are msnbc analysts. you have been outside the

supreme court all day. tell me what you are seeing about this leaked draft? >> reporter: well, katie, behind me, this crowd has been growing by the hour outside. now we have a rally that started at 1:00. we seen lawmakers come and go, elizabeth warren, amy klobuchar come here to demand and show their support for abortion rights. we've often seen some confrontation between fervent supporters on both sides of this issue. you know how incredibly divisive this is, for an opinion that no one would be expecting to be seeing at this point. this is something we were waiting to see later this year. we now have barriers set up in front of the court. capital police have increased their presence they're i here. we expect to see more police

presence that we expect to see. we know from inside the courts. chief justice ronts says this is a betrayal of confidenceds and demanding evidence to leaking a document. leaking a forecast opinion is really unprecedented in the history of the modern court. >> what are the chances that somebody i just named, gorsuch, cavanaugh, alito, obviously not ali to thomas, barrett, any of them change their mind and join the dissent? >> i mean thatlets the question, i would go so far as to say who jeff leaked it, on the right or left side of the court was probably doing it to pick off or to pollster probably justices barrett and the other three we knew were not financial to move. so i think what you are seeing

now is either an attempt by someone from the left wing of the court to keechd of shame them into if not changing their vote modulating the tone of justice alito's opinion, which is a huge swing and not necessarily in keeping with how barrett and kavanaugh want to submit themselves or somebody from the right side of the court that doesn't want them to go squishy and defect. i don't know who it came from. but i think the idea is those are the two seen as more moderate, more mindful of the public representational interest and this is somehow an effort to get them to soften up, whether that will happen i think is not actually all that likely. >> well, let me play what they both said, in addition to gorsuch. let's listen. >> so a good judge will consider a precedent of the united states

supreme court worthy of treatment like precedent. >> one of the important things to keep in mind about roe v wade is that it has been re-affirmed many times over the past 45 years. >> roe is not a super precedent. because calls for its over ruling never is seen. that doesn't mean it shouldn't be overruled. >> you were focused on barrett and kavanaugh there. i don't know how the entry cases of the draft process goes. but is it procedure to put somebody's name on a draft if they haven't ar signed onto it? >> the way the drafts process works is farley simple. it is immediately after oral arguments. all of the justices meet in conference alone and they take a straw pool and they get a sense of what do we have here? do we have five, do we have six? a little bit of what is mysterious is it seems like john

roberts might have been on board to uphold the mississippi law. not on board for this big swing over ruling. tant it gets assigned and that person who writes the draft, basically thinks they are writing the draft for the folks that voted in this draft poll with the understanding that it is a drafting process. it is a first day in the bargaining process. they know they will get no track. >> sorry for interrupting. i want to speak to senate minority leader mitch mcconnell. >> out by name and threatened reprisals. senator white house and others have filed amicus briefs, similarly threatening the court and now we have within the court, itself, someone else threatening court. i want to applaud the chief

justice for indicating the court is going to investigate. i want to underscore the separation of powers. this is the supreme court's job to investigate the leak. the chief justice indicated that's exactly what he's going to do. and i hope that the leaker is extremely likely to be found given a limited number of people who have the ability to access early drafts of opinions will be dealt with as severely as the law may allow and certainly the supreme court is the most prominent law body in the country would know what is the appropriate penalty. >>. on ukraine, i want to reiterate to the administration, the way to get relief to ukraine quickly

is for the ukraine package to move by itself. there is overwhelming bipartisan support for getting the ukrainians as much help as they need as quickly as possible. for that to happen here in congress, that package needs to be moved all by itself without the other extraneous issues we have been debating with title 42, an additional help for therapeutics. so that is the way to make progress on ukraine quickly. i am competent chief justice and the supreme court will find the leaker and move forward to apply appropriate punishment. >> i'd like to associate myself

with the remarks of the leader with respect to the leak at the supreme court. the court is an independent branch of our government and they need to conduct their own independent investigation into the bottom of this and hold those responsible accountable. last week, the president of the united states made a fairly revealing comment when he said that children are not near parents' children when they are in the classroom. and it's revealing in a lot of ways because i think it emphasizes the democrat's view when it comes to kids the teacher's unions when it comes to our kids. i think that was probably put on full display when the administration adopted -- >> we will come out of this news conference with the republican leadership right now. we'll go back if if they do start taking questions. dahlia i want to go back to what you were talking about a moment ago, that's chief justice john

roberts and where he might fall on this decision. >> reporter: i think since the people decide recent polls, he is not. [ inaudible ] there are -- in some subsets, [ inaudible ] >> he is not the determining factor. there he is right there. that's from previous footage of him on capitol hill. joyce. i want to get to some of the language that we read in this draft and what you made of it and the position you think that the majority here might be taking towards not just roe v. wade but abortion federally. in it, when you read the text, you hear samuel alito refer to abortion providers as abortionists. you also hear them speak that in the history of the united

states, abortion had always been illegal up until roe was decided. he was indicating that abortion was rooted, it being illegal was rooted in the fabric of this country rather than it being illegal. >> he's making an argument to become popular when assessing stance of due process rights and 14th amendment rights to refer to the custom and history of the united nations to determine which rights that aren't specifically mentioned in the constitution might be legitimate rights. this is remarkable. ultimately, the argument goes something like this. well, as long as men didn't grant the women the right to have an abortion back in the 1,700s and 1,800s, they're not entitled to have that right today and, of course, you can take that to extremes. right? we know the constitution originally treated black people as three-fifths of a person. as long as that is custom in history, the 14th amendment

doesn't guarantee certain rights we as americans understand to be fundamental and foundational. so this language is both disingenuous and alarming. when we talk about smoothing over the opinion in draft form. this is a february draft of this opinion to pick up and to make sure that you maintain the five votes necessary to become a majority opinion. sometimes this is the sort of language that gets evened out over time. we won't know until we see the final version and who is in majority. >> in the states that have trigger laws, what is the reliability of women that might miscarry? should they be concerned about them saying i think you did something nefarious here that forced to you miscarry? >> there are so many problems that will crop up in these states. not just the trigger laws. there are zombie laws, laws on books when roe went into effect that were forced out of effect

by roe and now will automatically pop back up to life. so, sure, there is a problem for a woman four, five, six months pregnant and has a spontaneous miscarriage because her baby has died. will she find herself under investigation? we don't know. we seen this texas case where a woman was prosecuted only to be subsequently released from custody. these sorts of overreaches will take place as these laws go into effect. there will be all sorts of problems. it's worth noting in this context that not only would this opinion prohibit abortion following rape and incest. it's possible to criminalize abortion. that means that the person who provides an abortion as well as the woman that contains one could find themselves criminally prosecuted. this is a right of american in society as we've taken it for

granted for almost 50 years. >> let's talk about the politics of this, simone, the president wants to codify this into law. he talked about that on the campaign trail do. some republicans do. is there a path foefd politically to get the done to congress? >> well, i think that's why democrats in congress, particularly in the senate, because there was a bit. i'd like to remind folks that passed the house of representative itself. it was taken up but did not have enough votes. notably, senator joe manchin of west virginia did not vote for that. >> would it mean 60 votes? >> it was important for him to vote for it for them to be able to discuss it. they did not actually vote for whether to pass the bill or not. this was a vote on whether it can be taken up and discussed. kiev among them voting rights.

prior to the vote that failed so ceremonious a number of months ago, there are republicans in the senate were not willing to take up and discuss the issue of voter rights legislation. so this is what we are up against, a united states congress that can't even have the conversation it needs to have before we can get people on the record. >> do you think this animates voters in the mid-terms? we heard about susan b anthony on the 1:00 p.m. hour. she was saying this is not an animateing issue for democratic voters the way it is for republican voters. she was welcoming democrats to campaign on this. >> oh, i'm interested in her history of political strategy. so, let me just say this, you vote from msnbc. andrea mitchell, they have been outside the supreme court all day. we have seen this is an animated

issue. you seen people who believe in the reproductive autonomy and the right for women to make decisions about their own body and healthcare and believe those rights should be curtailed. and i do think this is an animated issue. but it is important that people talk about this for what it is. joyce brought this up in her comments. we are talking about the criminalization of people who get abortions but people who aid those folks in getting abortion, the people, the doctors who had minister those abortions. this is extreme. back when that texas bill passed. it was extreme a number of months ago, do you know in the 24 hours of the pass annual of that bill, there was no mention of bank and curtailing on fox news, not one. this is something that conservative activists organize around for years. why did they not mention it? it is so extreme. women can be thrown in jail.

doctors will lose their law license and be arrested. people who aid and abet in this will go to jail. they can be find. worse things can happen to them. this, i don't think it's who we want to be as americans. it's all women it's not a democratic woman or a woman that voted for joe biden. it's any woman or any person that needs this healthcare. so the last point is the majority of americans believe they understand a portion is legal. they understand roe v wade is settled law. they think it should be continued to be legal. it's not popular to go farther than that. abortion is a constitutional right. >> i am on the verge of coughing. >> it's allergy season. >> so i apologize. i do have one more question for joyce. i hope you will stick around. i want to get in our other guests, you got a few show starting on saturday you can satch symone on saturday and sunday. it's called "symone" this

weekend. it's a great fame. joining me is the eldest daughter of the woman otherwise known as jane roe. melissa mills join me. i thank you for getting on with me. i know you have obligations. we spoke to you after the texas law went into effect and also while the supreme court was arguing this case. what is your reaction now having read the draft decision that is authentic? >> yeah. i'm in disbelief. i can't believe that this is going to happen and i can't believe that it can take us back 50 years and there will be so many unnecessary deaths and people without what they need for healthcare and to take care of themselves. it should be a woman just given the right to be able to hand him her own body in the way she sees

fit. >> as somebody who has been a part of this conversation your whole life, your family is int matly involved in it. why do you think there is so much interest or so much i guess interest in getting involved in individual's own decision-making? we put the numbers up a moment ago, the vast majority of people who get abortions do it in first trimester. the majority are also mothers already and when you've asked them why they do it, they say it's because i can't afford it or i don't have the team or i want to focus on being a mother to the children i already have. >> yes, ma'am. yeah, i mean, that's just every woman's right to choose how it's going to affect her life and what she needs to do to protect herself and her family. that shouldn't be anybody else's choice but that woman who needs to make that decision. we shouldn't be told who and

where, what we need to do for our lives. we shouldn't be told exactly for our bodies how we're going to take care of ourselves and what road we take. that shouldn't be anybody's but ours. >> as we spoke about in our last interview, some people might find it surprising you would be in support of the right to abortion. if this was on the books benefit your sister was born, your mother conceived your sister. she would not be here. she would not be alive. >> right. >> what do you say to people who say i don't understand your reasons? >> because that shouldn't even be a question. nobody should control a woman's body but a woman. like i said, again, we came all this way 50 years later. here we are. we are sting back from the striefbs we have made for women. now they're taking it away

again. something else, we made things going forward with other things in life, gay marriages, things that we need to take care of ourselves to. for women. that plan b pill. not every woman wants to be a child, not every woman is a pots. that should be that woman's right, nobody else should tell that woman she will have to have that child even. >> melissa mills, thank you very much for joining us and helping us understand your opinion of this because i think are you one of the more interesting voices on this topic. >> thank you for having me. >> given your family history and thank you again for moving heaven and earth. i appreciate it. >> i appreciate it. thank you. i want to bring back joyce vans for one more question. the other ask on people's minds is what will this mean for day marriage? what will it mean for birth control pills? what will it mean for pills like

plan b, which are abortion pills you can take in the very early days, if you think you might have gotten pregnant after some issue with sex? what does this draft decision convey? >> anything related to abortion is on one side of the line, katy. this opinion clearly speaks to permit states to take any efforts they'd like to take to prohibit abortion at any point in time. then there is a line justice alito draws disingenuously when he distinguishes abortion from other unenumerated rights and says what's different here is we are talking about life of an unborn child. so this is unlike other issues. it's a message, don't worry, there is no risk to gay marriage or contraception, which of course has been a long standing

privacy right. it's one of the early rights that develops the doctrine that then becomes the dparn tee of the guarantee to the right of abortion. the problem is analytically the legal underpinning that permit the abortion rights are very difficult to distinguish from these others and in her confirmation hearing, amy coney barrett declined to say gris wald, the decline to contraception is good law. we have every reason to think sitting here focusing on this incredible loss of abortion rights that's looming on the horizon, that this may not be all that there is, the conservative court may have other targets on its mind. >> joyce vance, thank you very much. still ahead what exactly are democrats preparing to do to try to codify roe? one of the most powerful democrats in the senate patty murray will be here. new jersey governor phil

murphy will tell us what he is about to do as well. first up, though, what has been a routine question in the confirmation process. here's how thomas and alito answered when they were asked about roe v wade. >> do i have this day an upon, a personal opinion, on the outcome in roe versus wade? and my answer to you is that i do not. >> i think that there, the legitimacy of the court would be undermined in an case if the court made a decision based on his perception of public opinion. f public opinion. on the oregon coast. my husband, sam, we've been married 53 years. we love to walk on the beach. i have two daughters and then two granddaughters. i noticed that memories were not there like they were when i was much younger. since taking prevagen, my memory has gotten better and it's like the puzzle pieces have all been

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happen next when it comes to getting this into law, roe v wade into law. what are you report something. >> reporter: the short answer, katy, is nothing is going to happen in terms of codifying this into law. there are a lot of senate democrats including chuck schumer that they will try again to vote on the women's health protection act. a bill passed through the house at the end of last year and failed in the senate? february because joe manchin joined with all republicans as to not allow a debate. you were talking about this a few minutes ago now schumer is going to bring that bill up again. if they were to bring it up again, they could do it with a simple majority. that would require nuking the filibuster. there is no appetite to do that either. senator manchin and cinema today replicated their positions from the end of last year. but they are not willing to change the filibuster rules on

this in the same way they weren't able to change them on voting rights at the end of last year. where that leaves us is with senate democrats clamoring for action but unable to do it. i almost think about it as there is a ton of energy to light a fire legislatively here. but they're lacking the matches. so that means this is going to have to translate into energy in the mid-terms. a lot of conversation back here on capitol hill, republicans instead of focusing in many cases on the substance of this potential ruling, focusing instead on the need to investigate the leaks even just now you dipped into the beginning the of that press conference with senate minority leader mcconnell. he faced questions, if republicans, would they move to try to codify abortion law in the way that republicans think it should be done? he said that was putting the cart be every the horse. they're not necessarily engaging on the substantive draft ruling here. instead, republicans are trying

to put this as a leak that needs to be investigated, which to be sure, as i have been talking to senators here, former supreme court clerks themselves, they say they could not fasth am having leaked a draft like this nonetheless, that itself the conversations republicans are having. the democrats are doing despite abortion access protection, they will not be able to do it at a federal level right now. >> i want to ask you about lisa murcowski and susan collins. what is the reaction towards them? >> those are two female president-elect bush senators we are looking at. when it's scream court or it turns to abortion. well susan collins, i was with her this morning asking her, she feels judges gorsuch and kavanaugh lied to her before their confirmation hearings. she said she assured her roe was

precedent. if this ruling, the draft we seen was right, they would, of course, be joining in the opinion to gut the protection offered by roe and for murcowski. she said candidly today that this draft decision rocked her view of the supreme court. of we're going to be looking to see about those two senators and if they continue to have that reaction, they are, i would add quickly, katy, trying to do their own version of a more narrowly tailored federal bill on reproductive rights. democrats are not on board for that. that's kind of a non-starter, too. >> vaughan, you are in ohio. there is a gop primary. beyond that, is this going to be an animated issue in the general election for democrats as well? >> reporter: right. if we're talking about codifying this, you will have to have pickups, if your reproductive rights advocates here. this is a place, ohio, senator rob portman a republican is retiring. tim ryan will be the democratic

nominee. current congressman here. he is going to face one of these republicans who is supportive of these abortion restrictive measures here. that is why i was talking with him earlier. i asked him how he will close that 8-point goop that donald trump was ultimately able to build. not only in 2016. also in 2020. i asked him why it becomes front and center of this campaign. take a listen this is an issue of freedom. in america, there is one thing people don't like, that itself to tell them what to do. when you are forcing a woman in the most intimate decision she has to make to do something that she may not want to do, i think that's going to have a lot of backlash. >> reporter: katy, while we have focused understandably on the republican primary here in these u.s. senate races, the attention is so largely going to turn to a

lot of these governor's races ahead in november. one of those places right here in ohio, where republican incumbent mike dewine is expected to be the republican nominee again here. the big question is, what ultimately happens even in these weeks and months ahead, mike dewine, the republican incumbent has already signed multiple abortion restrictive measures into law. one in 2019 was the heartbeat bill. just five days ago, here at the state legislature in ohio. >> vaughan, so association i will come back to you, but senator schumer is now speaking to reporters. let's listen in. >> he does not want to say he supports repealing roe v. wade at this meeting. every time it was brought up substantively. all he did is talk about the leaks. republicans are spending all their focus on the leak because they don't want to focus on roe v. wade. they know they're on the wrong

side of history. they know they're on the wrong side of the american people soar that ducking it and hiding behind this so-called leaks situation. they do not want to focus on roe. i heard that mitch mcconnell was asked were you proud that you got roe revealed? he wouldn't answer yes or no they spent two decades that won't own up to it. they're like the dog that caught the bus. they know they're on the wrong side of history. they're on the wrong side of where the american people are. they know they'll pay consequences in the 2022 elections. and they're spin masters to telling them to avoid the subject and they did. incredible. one of the most horrible decisions that looks like it's coming from the supreme court. in line with some of the worst decision throughout the court's

history that they caused and they can't own up to it. they're afraid. so the bottom line is, we know that history is on our side. we know the politics is on our side. you canb sure in 2022 this is going to be an issue all across the country and republicans will not be allowed, able to run away from it. not be able to run away from it. republicans sought this outcome for years. you'd think they'd be celebrating. you are. the real hard right fanatics but not leader mcconnell or most of the republicans. i want to make three things clear, it's our intention in the senate to hold a vote on legislation to codify a right of abortion into law very soon. second, this legislation, a vote on this legislation is no longer on ab tract exercise, it's as

urgent and real as it gets. we will vote to protect a woman's right to choose. every american will see where every senator stands, which side are they on? women's health? women's rights? a main stream america that protects liberty. or on the side of darkness, retrograde history. so the bottom line is this. we are asking the public. i don't think we need to but we are. we're asking the public to raise their voice in the next week let every senator know how you feel, write, call, e-mail, contact them. continue to raise your voices throughout the year. our candidates are already talking about this from one and of the country or the other. i cannot tell you the outrage i

feel republican who's did it won't own it to it and duck it. it's despicable. worry not talking inconsequential. we're talking women's health, a woman's right to choose and the millions and millions of american women who felt the need to have an abortion. just ability every one of us knows someone in that situation. they want to take it all away and they won't stop there. this right wing retrograde court put in by a republican senate. many other rights are at risk if they succeed in getting this accomplished. so that's the bottom line here, folks. we have a great contrast and our 56 for america. this isn't your grandfather's republican party, america. it's donald trump's republican party. it's a right wing republican party. it's a party where your children

will have less rights than you do. so, i still firmly believe in my very bones that thestory of american democracy is the story of progress. i believe we will win this fight because the american people are strongly, strongly on our side. senator murray. >> well, thank you. i went to the steps of the capitol earlier where i spoke about these alarming reports we are seeing that the supreme court plans to end the constitutional right to abortion in this country and overturn roe v. wade. this is a five alarm fire. this was always the republican's end goal ending the right to abortion. extreme republicans were never going to stop at the state level and mark my words, they are not going to stop with roe and right

to abortion either. they are coming for your birth control. for all reproductive healthcare. so we are not going to be quiet. we are going to keep fighting. because we do not want this to become a country where women are forced to remain pregnant no matter their personal circumstances and, yes, we are talking about situations like rape and incest. a country where extreme politicians will control a patient's most private decisions a. country where for the very first time ever the next generation of women will have fewer rights than their mother. so listen you probably heard from my colleagues upset and horrified, heart broken, but which are also determined and we are ready to fight back and we're going to make sure that anyone that has not felt the weight of this moment yet.

who doesn't think this could happen, what doesn't think it could happen to them gets the message loud and clear. we will make sure that every single person in every single state understands this impacts you, your choices, your rights. it's not happening to someone else in some other state. it's happening everywhere. and in the highest court in the land, it's preparing to rip away your rights at this very moment so let me be clear. i'm not going to stop fighting to give to president biden a bill to protect the right to abortion. but we need americans everywhere to send us more pro-choice democrats in the senate so we can get this done. i get it. it's frustrating. i have been fighting for abortion rights since i talked to the u.s. senate. but we need a pro-choice majority here in the senate and we need to protect the pro-choice majority in the house and this november is when we need to make that happen.

thank you. >> senator durbin. >> the mitch mcconnell convention the real news story is not the opinion that was leaked? it was the leaker? did he convince you? i hope not. i hope you understand what's at stake here. this is a historic decision authenticated by the kiev justice of the court. we know at least the opinion of the moment is the one we saw this morning. it really is significant it's significant because if you read into it. it is the part of the culture war over and over from republicans elections are about the culture of this country. we become too liberal, aggressive, we have to be careful to shake and prevent family values. the woman's right to choochltd but there are many others too, all of you i look around here are way too young to remember the day i can barely remember the experience when states decide which contraception was

legal and which was not. when there were decisions made as to whether people were prosecuted and it violated family laws. it took gris wald versus the state of connecticut to say enough. they can't tell people, families, mothers, father, husbands, lives, something that basic, that private. griswald said privacy is something we value. senator mcconnell doesn't want to worry about that he knows about privacy. it isn't about the internet it's your relationship with your family. should that be a republican decision, the state decision, or your decision? we believe it's yours. mcconnell won't raise this issue. he can't defend this invasion of privacy of american families, whether we're talking contraception or sexual

orientation as basic as a marriage these sorts of things happen across america they reflect the moment. it's hard to imagine as long as they have not this battle. senator schumer said for decades, here they have indication that it's coming their way big time. you'd think they would be dancing in the streets. they don't want to talk about the leaker or the reality of this decision if it goes forward. they're going to be on the record. they're not going to escape the situation. senator schumer says, they will get a vote on the floor. we will face it and the protections included in it on rape and incest and other provisions. we have a record. american people will know the issue what it means to them. if the alitos start brazen reasoning continues and they'll know which members are for them or against them.

the election in november will be referendum on privacy and your rights to an american. they want it to be oh, it's inflation, something at the border. no, it's more basic than that. it's in your bedroom. we want to make sure the american people understand that. >> so what i am hearing right there is a clear 2022 message for the mid-terms. we need more democrats, more pro voice chats in the senate in order to make things work. ali, we were talking about this. they're counting to 50 to be able to argue the women's health protection act. but they need 60 votes to pass it. >> reporter: yes. you and i were texting about this while we were listening to this. you were making the 2022 argument about feeding bigger majorities in the senate. because at every semg point in this congress on voting rights, on build back better, certainly on reproductive rights. there is the conversation around they don't have enough democrats to enact their agenda,

republicans are definitely not with them on this. so they're not counting to a sim 'majority. they would need to do that to pass the women's health protection act. because they're not going to be able to do that, they need to count to 60 votes to codify abortion rights and republicans are not financial to do that. so the reality is as stark as that, the numbers just don't add up, so the message in 2022 has to be, please elect more democrats if you want to see these kind of changes. that's been the argument for a while, though. >> vaughan, what you heard from for schumer there is this is not your father's republican party, he said, this is donald trump's republican party. it is an extreme party and your children's healthcare is at risk. i am sorry i cut you off earlier to go to this news conference. we're talking about the trigger laws in ohio. >> reporter: that's where the reproductive rights protection comes down to the states. who hound these governor's offices?

mike dewine is running for re-election as a republican. right now, five days ago in ohio, they're debating a trigger laws, which would in effect ban abortion once roe v. wade was overturned. ohio has not passed that quite yes. but 13 states already have. that is why the attention and money will go beyond these u.s. federal races. it will come down to the governor's races in places leak ohio. >> thank you very much. a quick correction for me. a moment ago, i said plan b was an abortion pill. it's an emergency contraceptionpy. my apologies, i misspoke. in red states abortion access there is already severely limited. bans after six weeks of pregnancy since last at the present time. joining me now is nbc news' senior capitol hill. you are in austin, a blue part

of a red state. what is this issue going to mean from voters there? and is et going to change anything? texas put something on the books, if it was going to an pate voters, wouldn't it have already? >> you pointed out the state eliminated abortions the first six weeks of pregnancy n. that same term they passed one of the trigger laws that vaughan was talking about. 30 million texans, this is the biggest state to have on the books. in texas, it is quite serves within 30 days of roe v. wade overturned. you see them criminalized. that's no exception for rape or invest and performing an abortion would become a felony in this state. perhaps when it was passed, this possibly seemed more remote. the reality is even in texas,

the idea of planning all abortion is a minority opinion. there is recent polling that shows texans want to keeping a says in this state. so it has been on the top of mind to texans. it is near the top of o'rourke's campaign for governor in this state. that's probably the place in which this issue will become most salient in the mid-terms. every house district in texas, likewise, with the state house and state senate districts. at the top of the ticket you will most likely see this issue come to the forefront, where you got two candidates that could not 'more die a metrically opposed on issue. >> even if it's a 1973 decision is reversed, abortion would be illegal in states like new jersey. it is more than a handful of democratic red states, that codified the abortion into state law. joining me now is the governor

of that state, phil murphy. governor, thank you for being with us. what is your reaction? >> disgusted, sadly not surprised, but disgusted. thank god we, i signed our reproductive freedom act earlier this guarantees a woman an abortion in new jersey. this is a decision that should be made between a woman and her doctor period. it shouldn't be fivetime people dictating the terms f. this comes to pass, it's a war has been declared on american women and 165 million american women will become second class citizens. it's disgusting. we will fight tooth and nail and do everything we k. but it's a dark day in america. >> is it your opinion gubernatorialer na tomorrow candidates, should make this a prime issue for them? >> well, they have to.

not necessarily for the politics, although, i'm sure that is the consideration. that i have to stand on the right side of history, ten, 20, 30 years from now, we have to ask ourselves, did you stand up for you, tid you stand up for the american woman? for our ability to make a decision about abortion with her doctor and no other considerations and yes, what this will lead to is not just the national reality and the potential disaster that would befall us if congress were to fall into the wrong hands and bills that you could see having a federal ban, but this is going to have huge implications on state laws. and these won't be implications as your reporters have done a really good job on. these are going to be implications that are draconian, criminalizing abortion. punishing women. these ridiculous six week rules. my wife and i have compared notes. we don't think we knew we were

pregnant with any of our four kids at six weeks. this is about that, too. who's in the governor's mansion, the state legislature and the white house. >> there's a "new york times" article yesterday lengthening the strength of a democracy to women's rights. when abortion is legalized, it's an indication that a democracy the getting stronger. what do you think of the state of our democracy seeing this potentially get taken away after nearly 50 years? >> yeah, i didn't see the article, but it's, we all ought to be really, really concerned. war has been declared on the american woman. war has been declared on the sackrosinct decision that a woman makes only with her daughter about reproductive activity and abortion specifically. there's no question this goes through the american woman has been weakened.

we cannot let that stand as a nation. we must do everything we can to right this wrong. >> governor phil murphy of new jersey, thank you very much. and democratic senators are weighing their next moves in the wake of the scotus document leakages. bernie sanders, amy klobuchar, and tim kaine were among the many lawmakers who suggested codifying abortion into law after the house has done it. some have said it's worth eliminating the filibuster for, but let's talk about whether any of that is viable. joining me from capitol hill is senator patty murray of washington. the third ranking member of senate democratic leadership. senator, thank you very much for being here. i heard you in your news conference with other members of leadership and you're talking about trying to bring the whpa, the women's health protection act, into debate. and there's a question of whether you can get it into

debate. do you think, because manchin has said in the past he wouldn't be for it, do you think you could get susan collins and senator murkowski to say yes to debating this? >> what i think is we are at a very critical juncture in the united states of america. where women's rights and their ability to make their own healthcare decisions is being ripped away by the supreme court and we have to stand up and be counted. i believe the united states senate needs to have every senator stand up and say whether or not they believe that we should codify roe into law so that women's reproductive rights, their freedom, economic choices are not taken away from them. do i think we have the votes today? no. but i think voters have a right to know how we stand and i challenge americans across the country to stand up, be counted in the november elections so we

have a pro-choice senate and a pro-choice house and can codify roe v. wade so we are not at the whims of the supreme court. >> has this now become the number one issue for you for the midterm? should this be the number one issue for democrats? >> i will say this. this is a gut punch to every american, i believe, who believes that they should have their own choices. to young women who have not grown up in a country where roe v. wade is not part of the law of the land. that they can make their own healthcare choice at their time when they need to, want to make sure that they have kids. that their own healthcare is protected. this is going to be ripped away from them. so yes, this is going to be front and center because it really is about whether women can participate in this economy, help this country be productive, and be who they can be, which means our country is stronger at the end of the day. >> i want to put up the polling we have on abortion. majority of voters say roe v.

wade shouldn't be touched, but when you break down that polling, you'll get the majority of voters saying abortion should not be legal. abortion should not be legal after the first trimester. in the second trimester, the majority of voters say it should not be legal. so are you sensitive to public opinion there in the, if there is an argument, about any bill that might come before congress? >> i think throughout my time in the senate, i have spoken up in support of roe v. wade, which is very clear in our precedent and in our law, that when a woman is pregnant and chooses to have an abortion, whether it's because of rape or incest, because of economic conditions, healthcare decisions, that she and her dock doctor and family and religion

will be the ones consulted. not extreme republican politicians who want to make this about a few days or few weeks. that's not what this is about. this is about women being able to make that decision under the law of roe v. wade that has stood the test of time for decades now. >> what do you think should happen to the person who leaked this document? >> you know, i know that there's a discussion about who leaked this, but i think we all better be focused on what it is that is in front of us and the decision that is going to be made about taking away a woman's right to choose. a stunning decision that as i said will be the first time in forever that our daughters will not have the rights their mothers had. that's appalling to me. >> all right. well, patty murray, a lot happening today. thank you very much for joining us. again, this is an historic day. this was a draft that was leaked. it was not a final, a final conclusion by the supreme court.

it was a draft. a final decision. it could change according to chief justice john roberts, but if it does not, it looks like very soon, we could be living in a country where roe v. wade is not the law of the land. it will be up to individual states. 13 states have trigger laws that would criminalize abortion immediately. many without exceptions for rape or incest. and we do not have universal healthcare. we do not have paid parental leave. we do not have subsidized childcare and the women who will will required by law to have those babies won't have government support once they're out of their bodies. that's going to do it for me today. hallie jackson picks up our coverage next. jackson picks up coverage next. ohn's disease or ulcerative colitis symptoms are stopping you in your tracks... choose stelara® from the start... and move toward relief after the first dose... with injections every two months.

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they're taking financial advice from memes. [baby spits out milk] i'll get my onesies®. ♪ “baby one more time” by britney spears ♪ good to have you back, old friend. yeah, eyes on the road, benny. welcome to a new chapter in investing. [ding] e*trade now from morgan stanley. so any minute, we are going to hear from president biden on a couple of different fronts. ostensibly this is about his call on congress to green light his request for more help for ukraine. you see the president, actually introducing the president. he's wrapping of a tour of an alabama weapons factory. we're going to bring you those remarks live, but we're also watching to see if he might have anymore to say about that supreme court potentially seismic shift after the court confirmed a few hours ago the leaked draft opinion that would