house speaker nancy pelosi saying her husband is doing better after doing being attacked with a hammer in their san francisco home. says the families heartbroken and traumatized. we have all of those details, the new details, ahead for you. first, reaction from both sides of the political aisle on the violence. >> we have to condemn political violence. it is something that should not

be controversial. it should be done in one voice. sadly, it has become political. we have to end this. >> what happened to paul pelosi's despicable, unacceptable. unfortunately, it has become a more dangerous place me have to do everything we can to lower the rhetoric, have a civil conversation but make sure people are safe. >> we are counting down to midterms, now just nine days away. we are looking at the biggest issues driving people to the polls. a new abc abscess poll shows the economy, inflation, and abortion as the top three concerns, respectively. today the chairs of both republican and democratic campaign committees gave their message to voters. >> exploding cost of living, a crime wave in our major cities that is the result of this defund the police nonsense. those are the issues that are top of mind for every voter in this country, that is why they are going to show up on november 8th. that is why democrats a

republicans are going to win in the midterms. >> we will plan for cheaper gas, cheaper groceries, cheaper health care. we have a plan for safer streets, supporting good policing and attacking gun violence, we just so much of the problem. supporting our freedoms, reproductive freedoms and voting rights. those are real plans. >> we begin with msnbc's moira barrett in san francisco. hello to you on this sunday, there are new details emerging on the attack on paul pelosi. what are you learning? >> well, alex, this morning we do appear to see some potential movement from whoever is inside the pelosi home today. there has been an increased police presence outside the home, so forgive me if i keep looking over my shoulder. we do know that paul pelosi is recovering from that attack with a fractured skull and suffered extreme injuries to his right arm and hands. we are also learning new details in the investigation. i spoke with a police chief and san francisco district attorney yesterday. police have made clear in some

of their press conferences over the weekend that it does appear that there was a third person in the home when police arrived, responding to that cryptic 9-1-1 call that paul pelosi made describing the attack or someone in code so the 9-1-1 operator was able to elevate the call. sending police officers to the home within minutes. you do know that the way police described that there was a third person that open the door when officers arrived, but we don't know for sure who that person might have been. officers have not confirmed that with us,. now, the suspect also remains in the hospital. we don't know exactly what he is being treated for, we know he will be facing charges of attempted homicide, assault with a deadly weapon, burglary, other felony charges. i want you to hear from the district attorney who spoke with yesterday about how they came to the conclusion about these charges. >> you take us hammer to somebody's head in that violent about fashion and we believe that you are trying to kill them. it is certainly a wake up call

that we have gone too far in this country as far as political discourse is concerned. >> now we know that police have interviewed the suspect and investigators are also reviewing some blog post associated with -- online. dating back to 2007 they've told us that they have seen it a variety of extreme ideologies expressed online. something that is important to, not i speaking with colleague ben collins who as you know who is deep into these things. he pointed out that in 2007, the suspect was posing anti-war, left-wing ideologies. over the last 15 years, that's when he started to get into more opinions shared by those on the far-right. a lot of qanon conspiracy theories, there's a story with pizzagate. the way he puts this to us and covering it makes very important note that the suspect has become entranced with the internet, qanon conspiracy

theories in recent years. that exemplifies how a lot of this misinformation, disinformation, spread online. how this is spreading, potentially. these are questions investigators looking for in details we are waiting to get on them. we do know that they are looking to book the suspect in jail once he is out of the hospital, they intend to bring charges as soon as tomorrow and a suspect will be a rain on tuesday, alex. >> 15 years are followed in that qanon rabbit hole might shed some light on why the attacker has behaved the way that he has, they have so much, morrow barrett. joining me now is don calloway. democrat strategist and founder of the national voter protection fund. -- msnbc political analyst and former political -- diverge ali. the mood is also an msnbc political analyst. we will talk about politics in a little bit. i do want to get your reactions first to this horrific assault. first to you, david. you served two terms in

congress starting in 2014. how much has the political climate change since then? did you ever feel threats the way that lawmakers are forced to now? >> it was just starting, but it's a great question. the contrast is that our greatest security threat at the time for my wife and i, our family, was isis. we are security put in because of overseas threats. it is not because the emergency of the 2016 election and since then that we faced our domestic one, if you will. we had to get an ankle bracelet on some of the live nearby we have seen the escalation as testimony as shown for current members of congress. violence has to be -- the important things are words matter, as we talk about threats to democracy there are policy issues, but i would suggest that there is an idea that your cultures being rockaway from, you that is a dog whistle. cultural dog whistles that

excite white male america to say that we have to protect ourselves and we are allowed to have people of color coming to take us. those are nuances, but important ones. the policy issues we faced around democracy are critically important. we are greater as people, greater around diversity of us move forward as a country. >> don, do you think enough is being done by both parties to lower the political temperature? can be done in this era of social media? >> i certainly know that the republicans have not done anything, they are the party in the two party system that primarily speaks to these disconcerted, angry, young, white men who feel that their country is being taken from them. to the leaders of the party, the ted cruz, the guy is the big voices who go around their microphones have done nothing to tone that down whatsoever and this is the direct result of that. those people can keep their thoughts and prayers, because they are the kindling that goes

into the fires that end up getting people hidden ahead with a hammer. they attempted to kidnap a governor, they stormed the governor to kill police officers, harm police officers in a universe in which they were widely not prosecuted forgiven extraordinarily criminal sentences and even praised by their political leadership. to your question, i kind of push back push back on the question a little bit because you don't see democrats fostering this type of staff. you don't see leftist violence with the exception of the softball game shooting. we don't need to place that type of responsibility on leftist politicians because it is not their constituencies who are carrying out these violent acts. >> point well taken there. what about the, susan, prominent publicans who have condemned the attack. that includes mitch mcconnell and mike pence, as well. kevin mccarthy did as well. there's nothing from donald trump. how much does trump's silence ultimately send his message to republicans? what more should we be seeing from the gop and congress in

general about the environment that allows an attack like this to happen in the first place? >> well, alex, that's exactly right when it comes to donald trump. he likes inciting violence. how do we know? we saw it on january 6th. what is important are the words not being spoken by donald trump and other people from the gop who just bow down and kiss donald trump every time. it is the words not broken that create this environment. it is not okay for just be a couple of leaders who go out, like mcconnell, that is good. i don't take that away, it is a good thing. but he has to put pressure on it'll party, the whole rank and file in his delegation. needs to be seen throughout. the words not spoken are the most dangerous words. >> yeah. okay, you guys make sense on all of this. i thank you for that. do stick around, we will stick around for a conversation on politics in the midterms in just a few minutes. now let's go to the midterms

and the nine days to go until election day. early voting is certainly already in full swing across this country. at this hour, more than 22 million votes have already been cast breaking previous records along party lines. democrats leading republicans by about 10% there. taking a closer look at some of the key battleground states. pennsylvania, nearly 800,000 early votes cast. georgia, more than 1.6 million people have voted. both the governor and senate races are expected to be very close and in wisconsin more than 430,000 early votes have been cast and reporting in from the campaign trail for us this hour is shaquille brewster from milwaukee and braille howard in arizona. president obama made quite a big splash during his rally there yesterday, what did you hear about the impact he could have on this election? >> well, i think that remains to be seen in the next couple

of days, alex. this is the only full weekend of early voting here in the state of wisconsin. the hope for democrats is at the energy we saw last night in the high school arena or high school basketball stadium or jim, is the word, it will turn into people turning up to the early voting location behind me. one thing we saw from former president obama not just here in wisconsin, but also in georgia, also in michigan is that he played as an energizer -in-chief, connecting with democrats in urban areas. also, he was someone an intact dog. they make some opponents by name. you heard the defense against ron johnson here in the state of wisconsin and you heard the defense of mandela barnes, the democrat running for senator to unseat ron johnson. some of the attack ads that he has been facing. i want you to listen one of those defenses you heard from prince former president obama yesterday. >> i know these ads are running this way, just because mandela

is named mandela -- just cause he's a democrat with a funny name, he must not be like you. he must not share your values. i mean, we have seen this. it sounds pretty familiar, doesn't it? so, mandela, get ready to dig out the birth terrific it. >> you hear him. you hear him there comparing the defense of mandela barnes with that energy, energizing the crowd, hoping that people come out to vote. this is a crucial battleground state and we cannot talk about it enough. we look at the governor level, senate level, a lot of money has poured into this. you have early voting numbers. you mentioned more than 400,000 people already coming out to vote and macedo's conson. i was the republican candidate, tim michaels yesterday. he said his numbers look good. he is feeling good about this.

that's what you are seeing so many of these outside figures come in. so many of the surrogates. that is because they now, at this, point is about turning out the voters that they have been messaging to for months and months now, before they show up at the polls now that it's time to cast the ballot. >> a battleground for sure, where you are. thank you so much for that. let's move to arizona where, vaughn hill, you are the democrat event for running for governor, katie hobbs. what do you think is happening there as we head into the final sprint? >> yeah, alex. we have been around here through the state over the last many months. really, back to 2020 working with voters over the course of what amounted to adverse to undermine the mare polk county election process following the 2020 election. ultimately that led to the candidacy of kari lake. really the trump acolyte candidate here who has been on the frontlines of calling into question the 2020 election, saying that if she were governor that she would push for the decertification of the 2020 election.

that is where the big question here among voters is, to what extent are independent voters, republican voters willing to switch over and vote democrat for katie hobbs in this race here and push back against the sort of a republican candidate. i want you to hear from one vote earlier today who kind of hits the temperature of where this governor's races started headed right now. take a listen. >> at the end of the day, i am what most people target as. i am what is constantly harmed. i am a queer person with the uterus and i am of color, it is like constantly my rights are being pushed away. >> we are we are for worst ground zero of this election denier stuff. the audit they did with the ballot in the 2020 elections. when i am deciding who to vote for, it's a disqualifier if the person is it 100% honest of the fact that we had an open,

honest, fair, and free election. >> those voters talking with our own -- about the stakes of the race in the last week. when you're talking about that, like that first win in their, you're talking about to what extent are democratic voters could be galvanized and show up in force. right now, they are outpacing republican voters when it comes to the early vote here. at the same time, in the republican primary, there is a large number of voters who either dropped out there early ballots on election day or voted on election day itself. really, it's tough to extrapolate the data from these early ballots numbers that have come in so far. the entire conversation in arizona is gonna be turned out, to what extent are the people in that rural part of the state, inclined to vote for republicans, like blake masters in kari lake, are they gonna be coming out in troves, like donald trump was able to turn out record numbers in 2020. to what extent, especially in the phoenix score, are those

democratic voters, whether it be on reproductive rights or whether it be on the idea of the threat to democracy. to what extent are those democrats coming out here in these midterms to change the shape of what is expected to be very close elections. >> listen, there's no way you can predict the outcome. we do thank you so much. -- for being out there on the campaign trail, keeping a vigilant eye on every step of the way to election day and beyond. thanks, my friend. coming up later today on msnbc, arizona state credit candidate for governor, katie hobbs, at four eastern. tomorrow morning, 11 eastern here on msnbc, you can catch the kornacki countdown. meantime, from the sublime to the ridiculous, we let you figure out which is which, president obama's message about gop plans and the republicans who look to undertake those clients. the panel tackles that next. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place. latuda could make a real difference in your symptoms.

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control of congress, they will spend the next two years investigating their political opponents, joe biden. some of them said, -- when you asked them what for, they are not sure yet. >> former president barack obama warning what would happen if republicans win control of congress with many republicans quite vocal about those intentions. already introducing 14 impeachment resolutions against president biden. >> friday, ralph norm, south carolina and i find the resolution including impeachment articles for secretary blinken. >> it is time for action. impeach biden. impeach kamala harris and throw in the secretary of state if you can get him back from vacation. >> these are articles of impeachment on president biden. >> back with me are don

calloway, susan and david. don, should democrats be sounding the alarm more that this is what could happen if republicans when congress? can democrats use this to their advantage in the final stretch here? >> it can't really be used to art vantage. i don't think there's any -- this is going to happen. it's happening now. they file these articles of impeachment from the minority and of the speaker kevin mccarthy, it will give them the opportunity to move these things to the hearing. they are fundamentally non substantive, not intellectual activities. really quickly, the update from arizona, it's really important to say this is about democratic turnout. the turnout will be fundamentally affected by the 20 plus states who passed voter suppression laws over the course at the last ten years. you cannot attach that, that's the work i do every day, that you cannot attach that from whether or not democrats are going to turnout, particularly in a place like georgia, particularly in minneapolis like milwaukee, --

we have seen these things that say you can't bring water, can provide assistance. the change in mail-in ballot. we have seen these things fundamentally a tight -- democrats need to spend the next three days wondering about whether republicans are gonna file impeachment. they need to make sure that their people need to know to procedurally -- if they have not done so by mail. >> you are also concerned about what's happening right now. those poll vigilantes in arizona, which we will talk about specifically later this hour. these people dressed in fatigues, they've got kevlar vests, they are holding guns. that's a little bit intimidating i would think. we will get to that detail after this conversation. but, susan, here are some of the charges republicans have floated for impeaching president biden. ready for it? hunter biden, immigration enforcement, afghanistan withdraw, strategic petroleum reserve, evictions moratorium. are any of these legitimately impeachable offenses? are they high crimes and misdemeanors? does this sound like just

revenge? >> it's just revenge. it's the way some of these republicans like their politics. it's the thing that really concerns me. you used to see these type of charges brought out by the extremes of the republicans, the real wackadoo's. if the republicans win back the house, which is likely, it will be by a narrow margin. all of a sudden, the marjorie taylor greene's and some of those other really wacky people now have influence over the speaker. the speaker will need every vote he can get in order to move on some legislation. i worry about how much the governance, if you will, or the party mechanism will monitor itself against this craziness. >> david, what's your reaction to all this? do you think it might damage republicans? i don't want to use the word frivolity, but i'm gonna use it because i can't think of the

word i really want to use, when it comes to this with regard to the american public and things americans want to see done to help them on kitchen table issues. if the focus is on impeachment hearings, come on. >> alex, i wish i was true. i would suggest the party that's embraced the violence of january 6th is not suffering punishment. they might take control again november 8th. impeachment i don't think we'll damage them. we should expect joe biden will be impeached. should republicans take control. that's not a preordained outcome. the numbers trend that way. democrats have defied history the last two years during the special elections. republicans where, two or three years ago, i would've said mccarthy will try to keep the crazy commies -- caucus is more than 50%. i think it will drive the full agenda of the republican congress, with the pressure on kevin mccarthy to impeach joe biden will be pretty high. >> david, to susan's point, the fact is that he has those

republicans in his party that have huge megaphones. marjorie taylor greene is the one season cited. she has already -- i guess you can use the word threatened him. these are the things that i want. these are the committees on which i want to serve and if i don't get my way people are going to be mad. >> it's an interesting thing. the theory susan says is exactly right. it's a thin margin for republicans against outside influence of marjorie taylor greene and others. i think the entire caucus has moved in the bud marjorie taylor greene direction. i don't think it's a matter of keeping them in check. they will impeach joe biden. i say that sadly, if they take control. you will see the culture war issues you are seeing in the states. you will see those, that type of legislation, it will never make it to the presidents desk, but they will use the annual budget process. they will threaten to shut down the government so they can get a national bill or cultural -- republican party. >> there is a new article in newsweek that's titled the sweet revenge. what trump would do in a second

term. among the things suggested, he would pack his administration with loyalists, he would try to get a firmer grip on the military, he would drastically shrink the civil service, he would also throw plenty of red meat culture war goodies at his base. don, how much does this concern you? what is at stake? >> everything is at stake. people's fundamental civil rights are at stake. peoples fundamental rights to be actualized and affirmed as actual humans in america. everything is at stake. it's not just these midterms. you will still have a non 60 vote majority even if republicans take over senate. if trump comes back for a second term and even if a trump imitator like desantis or some other crazy whose name we don't know, everything is on the table because of what we have normalized from his behavior, because of what we have allowed him to say. elon musk now owns twitter. we saw that the n-word went up 500% in the last 48 hours. the small groups in the

american public conscience slowly give us what we are willing to extend. they shift the overton window in the direction of pure evil. we saw the president from two weeks in of the first administration, we saw he was grossly incompetent and unable to manage the unwieldy beast that's the federal government. you have that incompetence to a fundamental evil compass and you have real potential for social decline. we can only hope he doesn't get in there one more time. anything is on the table. >> i'm curious, susan, how much you think the outcome of the midterms is going to influence whether or not donald trump runs for president. i'm gonna remind viewers, and i'm part of this, that you have said you don't think he's going to actually run. his longtime attorney, michael cohen, a friend of this broadcast has said the same thing. my inclination is he won't officially run but, if the midterms go very strongly in the way of republicans, does that change that?

>> i don't think that's what's in donald trump's calculus. i think what's in his calculus is can he win? probably not. he doesn't want to be a loser. i know that is something michael cohen has set. he also has a lot of legal troubles going on. first and foremost, the one thing we can do to make sure that at least we have election integrity is that we elect secretaries of state of integrity that are not election deniers. that can happen nine days from today. watch who you are voting for, especially for secretary of state. that protects our democracy. >> absolutely. that echoes dons sentiments. david, according to 5:38, most candidates who think 2020 was rigged, they are likely to win in november. of the hundred 85 republican candidates running for house senate governor seats who have denied the legitimacy of the 2020 election, 67% -- that is two thirds -- are in races forecast as

solidly republican. you would think being an election denier is an automatic disqualifier. what does it tell you? >> it's completely on brand for today's republican party. it's the danger that donald trump has brought. denying the 2020 election, the corollary to that is the notion that these administrators of elections can do anything they decide to to rig the election in the favor of candidates. that is the donald trump ethos. that's his danger, if he's reelected, to finally shatter the democratic norms and institutions that have kept this country on the track that it's on. that is the danger. it is an existential question. should donald trump be reelected and be secretary of state election deniers be elected? we could be in a moment three years from now, the most important institution in the united states is our federal courts. whether or not they will interpret the constitution in a way that limits unchecked executive authority and the authority of our election administration, who choose to

ignore the fundamental laws they've taken an oath to. >> don, last question to you. that's about herschel walker. of course, republican senate candidate in the state of georgia. first of, all what do you think is going to happen there? we can you explain his appeal as a politician, not as a football player? >> i'm very sad to report i've spent probably a lot of last month in georgia over there. i'm sad to report herschel walker is probably going to win. he comes into this race with one thing any politician raises every dollar to get. that's a name recognition. he's fundamentally unfit to be dog catcher in chattahoochee county. he gives republicans an important chip on the table, the ability to deny racism. herschel says it's okay, so we must not be racist. he will carry the day. you don't see the national news coverage of raphael warnock. it simulates fundraising and grassroots operations, all the other things. his team, his people are running an amazing election. think about this --

i don't think anybody thinks they see abrams's gonna win. that's unfortunate unto itself. but for raphael warnock to be winning, it would require the most dramatic split ticket. i would have ever seen in my time in politics. i just don't see that happening. we are going to have the dumbest, most embarrassing senator in united states history coming this january. >> give me your protection, susan. then david, quickly. >> i don't think it's a split ticket warnock has hope for. it's the drop of vote that they vote for camp and can't stand who walker is. right now, the way things are turning, it does look like they will go to a special election or a runoff, rather. it will go herschel walker's way. >> david, last word to you. >> here's what i would say. i think the trend is republicans friend. i'm telling you, alex, this is a midterm where democrats have defied history and expectations for two years. winning special elections, defeating the kansas ballot initiative. we could wake up november 9th

and republicans taking over. we could wake up november 9th and the politics of the country have fundamentally shifted in the favor of democrats. i think it's going to be a wild november 8th. >> okay. listen, you guys come back next week. things -- we're gonna continue these conversations. i hope to see all three of you, no excuses, be here. that's the way it is. thanks, guys. the conservative dominated conservative court -- huge impact on the forefront of action. that's ahead. just before that, a monumental tragedy oversees his home here in the u.s.. .. clothes still smelled. until i finally found new downy rinse and refresh! it doesn't just cover odors, it helps remove them up to 3 times better than detergent alone! find new downy rinse & refresh in the fabric softener aisle.

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top stories. opening statements begin tomorrow. the tax fraud case against the trump organization, that case involves allegations the company held top executives avoid paying taxes on some of what they've learned. trump himself is not expected to testify. the prosecution star witness will be former trump cfo allen weisselberg. take a look at this. police are investigating after video shows multiple michigan state players scuffling with a university of michigan player after last night's game. it happens in a tunnel at the michigan stadium. you can see the players. they were punching and kicking the other team's defensive back. university of michigan coach jim harvest said they later salted another player. it is the second postgame fight in that ann arbor tunnel this month. and the new york times reports elon musk ordered job cuts across twitter starting as early as this weekend. the scale of the layoffs is

unclear. twitter employees about 7500 people. musk completed his 44 billion dollar takeover of the company on thursday. now to that tragic news out of seoul, where hundreds of people dead after a halloween event turned into a stampede. the death toll has now risen to over 153 -- at least one american among the dead. nbc news contributor, thomas, is in seoul, south korea, for us. thomas, it's so hard to get our heads around this tragedy. how many people died. how are people coping with it? >> i think here as well, at this point, it is still shock and disbelief. questions of how this possibly could've happened. this highly right nearby, on a halloween night of festivities, how so many people we're killed. we have some video which i warn is disturbing.

the latest toll now is 154 dead according to the seoul metropolitan police. 130 plus injured. u.s. embassy said two of those were american. >> to now? thomas, we'd only had one before starting the show. two would be new news. let me ask you though, this area, what we can see is that where they were, it was so narrow. it looks like an alleyway between taller buildings. what is this area of seoul? what is it known for? is it a night hot spot? >> it's very much a nightlife hot spot. and these alleys, the main ali where most of it seemed -- the crushing occurred, is like ten feet wide, probably. this is a real nightlife spot. i'm standing on a main wide boulevard. behind me in these alleys

there's just barr after barr after barr. there is a -- area that contributed to the way crowds moved, there was some slipping and falling. we are trying to piece together what exactly happened. there hasn't been an official accounting yet. reports from witnesses, you talked about. some people felt, people falling like dominoes. yes, this is known as a nightlife district. it's also one of the most international parts of soul. really the most international part, where there really is a mix of foreigners, expats, visitors, and locals coming together. it's especially popular with younger people. halloween has, in recent years, become a really popular event here. this was the first time in three years, basically, the first time since the pandemic that large crowds gathered.

>> it was something i'm sure for the mostly young people there -- let me give folks a sense of the response to this. there were so many people, thousands and thousands there. speaking of thousands, 1700 response personnel. there were 520 firefighters. 1100 police officers. 70 government workers and more. it was an extraordinary response all in that small area. the trauma to that region, absolutely extraordinary and heartbreaking. thomas, thank you so much for the report from seoul, south korea. let's go to washington. tomorrow, the supreme court will hear arguments on where the biggest cases of this term. a challenge to college affirmative action policies. how might the makeup of the court changed one of the most famous past supreme court cases? we will bring you two answers next. next [ chuckling ] ♪ and i hope whatever you've got to do ♪

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and college admissions is in the balance. tomorrow, one of the most diverse supreme courts ever will hear -- whether race conscious programs at harvard and the university of north carolina our constitutional. joining me now, melissa murray, professor of law at new york university and msnbc legal analyst. she's also a lock lurk to judge sotomayor, and charlie savage, washington correspondent for the new york times and and miss nbc contributor. welcome to both of you. we will go ladies first here. the fact that the court took up these cases is significant. give me a sense of perspective on why they are such a big deal. >> you are right, alex. it is significant. the court took up affirmative action challenge just a few years ago in 2016. there, in a pretty close vote, it was again during that period of time when justice goglia passed away. justice gorsuch had not been nominated to a seat yet. there was a majority of justices who believed that race could be used permissive lee in

higher education admissions. the fact that this case is now before the court, these set of cases, really goes to show how much a conservative super majority has really changed things. it's invited conservative interest to press their causes before this court interview that they will have a more receptive audience. >> both sides have invoked, melissa, the historic brown versus board of education decisions in their arguments. here house justin driver, a law professor at yale, describes it to the new york times. brown is the mona lisa of american constitutional law. it is not only the most scrutinized and famous opinion, it's meeting also shifts when viewed from different angles. give me a sense of how these different interpretations of brown could muddy the arguments tomorrow. >> again, the specter of brown will loom large in this case. on the one hand, those who favored the use of race and

college admissions will argue that it is very much in keeping with the spirit of brown to think about race in order to equalize society. a society where members of underrepresented groups historically have been excluded from these institutions, whereas the conservatives will argue that the entire logic of brown was about not allowing color to impede progress, not allowing color to factor in the decision-making at all. the mona lisa, if you will, two very different views of how brown should weigh in the balance here. >> charlie, i know you've written about affirmative action cases in the past. now, considering the court's recent decision overturning roe v. wade, is there reason to believe this more conservative court will upend another decades old precedent? this time on affirmative action? >> i think there's a lot of reason to suspect that's where they are going. the real politic way of thinking about this is there is now a politically conservative super majority on this court.

they will take that opportunity to end affirmative action, which is something political conservatives have been wanting to do for a long time. if we set aside cynicism a little bit and think about the law issues here, especially for viewers who may be tuning in tomorrow, since we can listen to the oral arguments life, i think one thing to listen for is going to be a lot of discussion of title six of the civil rights act of 1964. the way the law changed after brown v. board of education. whether that still means the same thing as the constitution's equal protection clause. the equal protection clause allows the government to discriminate based on race under rare circumstances, where the state has a compelling interest and there is no less intrusive way of achieving that interest. the civil rights act title six says recipients of federal funding, like colleges are, cannot discriminate on the basis of race. since 1978, when the first court first said the week --

that affirmative action is permissible, the courts have said those two things mean the same thing. title six means the same thing, they have the equal protection clause, if there's a compelling state interest and there is no intrusive way of doing it, that's okay. they are four, title six allows affirmative action. i think the new conservative majority, the more textural, ideological approach to interpreting things, is going to take a second look at that and may say, no, title six flatly prohibits discrimination based on race by recipients of federal funding. there is no balancing. but -- that case, maybe it's more restrictive. that will be their justification used to end affirmative action. >> do you agree with that, melissa? do you think this is a permit jordy on the conservative court will overturn -- overturn things? >> one of the things you have to weigh here is the question of institutional isn't. this is a court that has, in just the last few months, laid

waste to over 50 years worth of precedent. you have to wonder if there are some elements of the court, even among that conservative supermajority, who might have some thoughts about whether or not it is worth doing that again with another set of precedents. we've seen many of the justices this summer take to the road to disclaim the idea that they are simply promoting their own ideological viewpoints. again, to lay waste to another 50 years of precedent, certainly would raise some eyebrows. it's going to come down to how these decisions are written. i'm very pessimistic about whether affirmative action is going to be upheld. i think the devil is in the details. we have five justices on this court who have not actually weighed in on an affirmative action challenge here. justice kagan was not permitted to -- or recused herself -- in the last challenge because she was -- when that case was going forward. we don't know where the new trump justices are on this. again, lots of questions about

where everyone stands. lots of possibilities. >> charlie, very quickly, what would be the immediate effect of this if it gets overturned? >> if they overturn the president saying affirmative action is permissible, i think it would have roiling effects. not just in college admission, which is what the square focus of these cases are, but in all kinds of hiring practices by corporations and government contracts, so forth. it would cause something of a revolution in efforts to assemble a diverse workforce, diverse student bodies, so forth. there been some states, including university of california, that have tried to figure that out. i think it would be opening a lot of questions and a lot of chaos would result. >> thank you guys for the chat. we will be watching very closely the supreme court tomorrow. thank you. handguns, kevlar vests and tactical military gear, all part of the extreme measures

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the tools and expertise you need to bring out the innovator in you. more international tragic news to share. this is breaking news this hour. at least 60 people are dead, many more hurt, after a bridge collapsed in india. they say over 100 people were plunged into that river when the bridge fell. the western part of the country. that bridge apparently just reopened after renovations that dates back to the 1800s. still working to rescue victims and get them to area hospitals. we will keep you updated on that. meantime, with my days until the midterms, a new and alarming warning from the fbi and dhs. extremists those a heightened threat to the elections. this comes amid the recruitment of thousands of poll watchers by far-right groups to report potential voting fraud, a call to action that could disrupt voting, intimidate election workers, and put voting results

in unfounded out. joining me now is washington post reporter patrick marley. welcome, patrick. a recent group of articles of yours describes efforts in several states where this is happening. there is fear that those who show up will be agents of disruption. in what states is this a real concern? what is behind these efforts? >> you are seeing this in a lot of states across the country. swing states, as you mentioned, areas -- michigan, georgia, those are the states targeted for poll watchers just like election campaigns are targeting those races because they are armed -- you've seen the republican national committee put a big focus on recruiting poll lodger's, as well as an array of conservative groups. we don't really know how many people are going to show up. in some states, poll watchers have to register in advance. in many, they don't. clerks say they don't know exactly what to expect. >> let's talk about arizona. we've gotten a lot of feedback

on what's happening there. people camping out, people monitoring the ballot boxes, photographing voters, the license plates on their cars. that, a federal judge on friday ruled, hey, that is okay. they have the right to do it. earlier this week, two people with handguns and wearing masks and tactical military gear. you see them standing watch over a drop box in maricopa county. what's going on there? >> you've had the huge focus on drop boxes. prior to 2020, trump boxes were used in some locations around the country. their use escalated greatly because so many people try to do absentee voting. >> patrick, covid had a lot to do with that, right? >> absolutely. that's why there was so much absentee voting. the pandemic made many people turn to absentee voting in a way they hadn't. you saw some states with many multiple times increases in how much there was. in a lot of states, they put in

new drop boxes. they weren't terribly controversial prior to the 2020 election, after the election conservatives started attacking them. 2000 wheels came out. there were false allegations made about drop boxes. they are being monitored very closely in arizona and similar states as well. >> one more quick question. this is the audio obtained by politico. it happened on friday. it revealed former trump attorney, john eastman, urging joe people workers to challenge individual votes and file complaints which could form the basis for court challenges in upcoming elections. take a listen to what he said. >> document what you've seen, raise the challenge. and which of the judges on that election board declined to accept your challenge. get it all written down. and that then becomes the basis for an affidavit in a court -- after the fact. >> what are your thoughts on what we heard there? >> the message john eastman is delivering there is very consistent with what other attorneys are saying.

that's helpful watchers are being trained to document everything they can, to write it down. this is going to be used to either mount legal challenges or go into the public opinion and raise concerns about -- what's notable about that quid is not what the statement was, who said it, john eastman, obviously, he worked with trump's team while trying to overturn the 2020 results. >> you mentioned they are being trained, some training. okay. patrick, thank you so much for joining us. i appreciate your reporting in the conversation. that's going to do it for me on this election of alex reports. i will see you tomorrow at 2 pm, next saturday at noon eastern. my friend yasmin vossoughian can and use the cover. ♪♪ it's subway's biggest refresh yet! discomfort back there? instead of using aloe, or baby wipes, or powders, try the cooling, soothing relief or preparation h.

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attack on her husband. as we are learning when the suspect in the case will in fact face his first court date. also, it is down to the wire. nine days to go from the midterms. we will take you to states where millions are already in the process of voting.