then everything's up for grabs on abortion, including overturning roe v. wadeooking in the next few years, maybe not immediately, there is a possibility -- when some people are concerned that roe v. wade could be overturned you're saying they really have a reason to be? right? >> oh, absolutely. but not today. >> not today. >> and not once president trump replaces antonin scalia, presumably sometimes in the first half of 2017. that will basically just restore the status quo of five justices in favor of abortion rights. four justices opposed. the real issue and the real political armageddon, if it happens, is if one of those five justices leaves during donald trump's presidency, and then you really do have roe v. wade on the table in a very clear way. >> all right. jeffrey toobin, thank you so much for breaking that down for us. appreciate it. >>> and always good to see you. happy friday. >>> you know, the mumps may be one of those childhood diseases we get vaccines for when we are kids. right now it's actually making a comeback and there are hundreds of cases a

supreme court and reverse "roe v. wade," and that's why i'm trying to sound the alarm about it. >> pro-life judges, i think you meant to say. we have a graphic that talks about these sort of rash of laws that were enacted by states from 2011 through 2016 and accounts for 30% of all abortion restrictions since roh moo-hyun. you have this acceleration of these kind of laws around the country. what -- even before donald trump came along, what was emboldening that acceleration? >> joy, i mean, this has been a concert effort by the pro-life movement for years to take it on a very local level to try and really take down "roe v. wade" piece by piece by piece in every locality and get it through state legislatures to pass varying kinds of abortion bills. you saw this, for example, in texas when you had the very famous filibuster of the bill that went through and now there's a whole swath of texas where it's very difficult to get an abortion, where women have to travel 50, 60, 100 miles in order to get an abortion so this has been

pryor is a staunch critic of the roe v. wade abortion decision. sykes is on the 7th circuit court in chicago. she's a big supporter of the second amendment rights. but some point to her age, 59, as a liability when it comes to a lifetime appointment. and while he's not officially on any list, another name being floated you may recall him being called liein ted a few timeses, senator ted cruz who once clerked for justice sandra day o'conner. mr. trump will have a republican majority in the senate, but democrats will likely mount a battle. some saying they will give trump's nominee the so-called garland tactic. so out of all of those names, what can you tell us? >> well, they're all, they're all very intelligent and very accomplished and, of course, they're all conservative. obviously, had hillary won, we'd be looking at very intelligent and very accomplished nominees as well or potential nominees but from a different philosophical viewpoint. sykes, i think, would be a great choice. i think she'd be an excellent choice. one of the things people don'

america to send in the principled pro-life judges and we will move them into the courts and the end roe v wadeorever. [applause] vp-elect pence: it is time to end partial-birth abortions in this country. it has no place. [applause] vp-elect pence: it is time for all of the reforms. adoption reform, and the president's initiative for faceplate initiative that will speed resources to crisis pregnancy centers and ministries across the country that are there for women. with real answers meeting their real needs. i am mostly here today as a father and american to say thank you to you from my heart. because of all of you in the millions of americans you represent, abortion is in steep decline in america today. [applause] mr. pence: abortion is less available, less legal, and most importantly, less morally acceptable than any time since 1973. you alone of exposed the empty promises of le

. >> roe v. wadethat a woman really cannot be equal if she doesn't have control over her reproductive ability. it was as simple as that. >> the newly liberalized abortion law brought immediate reaction. >> i think that the judgment of the court will do a great deal to tear down the respect previously accorded human life in our culture. >> what's interesting about roe versus wade is while it does legalize abortion, it as much really mobilizes the opposition. >> we protest today the holocaust of the 1970s in america. >> conservatives didn't used to mess with politics that much. and they start to campaign. it was the rise of extreme activist conservatism in america. >> certain conservatives don't know what to do with their frustration and with their yearning for the good old days and decide the problem are gays. >> the battle over homosexual rights in dade county, florida, comes to a vote there tuesday. the issue is whether or not to repeal a four-month-old ordinance which prohibits job and housing discr

the threat to roe v. wade, it's been pretty persistent on the local level and states like texas instituting laws that restrict abortions and going to the good mock institute here for some data. 334. how strong is the law if states make it harder to get abortions? >> when we look at what happens federally, then you've got to look at the supreme court. thr the determining factor. there were restriction bus hayed that to do with how big the halls had to be in an abortion facility. what kind of credentials the person had to have. they didn't make abortion illegal. they made it more difficult to access. and those were just overturned by the supreme court. so you're going to have this just -- it's going to be like playing some kind of game where you're constantly trying to watch what are the various states doing. >> since we have you here finally, what are we missing in this conversation? >> well, i think it's partially looking at the fact that there's not going to be a quick and easy answer to what the future is. i

things especially esa when it comes to futureo future rulings and big rulings liked bu roe v.li wade. wad >> roe v. wade is going tong t take awhile.whe. this supreme court nominee isees going replace justice scalia. si in that since really won'tallyot change anything presumablynyth we'll and getting a reliablegett conservative that was pretty much the point of this articlese we did today was to show how h conservative most of these tse justices are particularly by paa made since they've -- and theyey all are pretty rely pleaelea conservative.nserva. replacing one conservativese with another isn't going toth change anythinger i on roe v. ww or for that matter anything any else. the key issue on the supremee court ison down the roosevelt re boulevard justice ruth baederstc ginsberg is 83,e anthony kennedy who is a moderate is 80, steven breyer is 78. 7 >> that's right.>> that's righ >> that's the whole ball t.game right there so the question isis do they all stay on the courtou through donald trump's four or eight year presidency or doesr d he get to replace one of them te >> we'll be watching.g. r

so before trump repeels obamacare, reverses roe v. wadeget your gal the gift that lets her have control over one (bleep) thing over the next four years. >> trevor: thank you, desi. we'll be right back. ( cheers and applause ) there's your beautiful baby. any day now! [crunch] you're eating doritos? really? (laughter) owww! give me that! (screaming) [baby crying] [crunch] ♪ ♪ see ya next year. this season, start a new tradition. experience the power of infiniti now, with leases starting at $319 a month. infiniti. empower the drive. pain from chest congestion whecan make this...d, feel like this. all-in-one cold symptom relief from tylenol®, the #1 doctor recommended pain relief brand. tylenol® you don't have to pay a lot to get a lot. at cricket wireless, plans now start at $30/mo. monthly taxes and fees included. and we have more 4g lte coverage than t-mobile or sprint. cricket wireless. something to smile about. tadirectv now. stream all your entertainment! anywhere! anytime! can we lose the 'all'. there's no cbs and we don't have a ton o

she asked him about roe v. wade. and he made it clear, as he had said earlier, he was still committed to overturning roe. she said, what will happen to the women? he said, they will go to other states. at the very end, you can see les lie -- well, we will be what happens. signaling to everybody that he meant what he said. on marriage equality he was a little more equivocal. do you support marriage equality? well, it is irrelevant because it is already settled. no, one could argue that roe was settled in 1973. the very wonderful decision on marriage equality was settled in 2015, if i am remembering the year correctly. whether this difference between abortion and gay rights has to trump himself really field, or whether it is his sense, and i am more inclined to think this reason, that the american public is more on board with the marriage equality than abortion, but who knows? anyway, so, we see some difference there, but lgbt activists should not take much comfort, just because he hates abortion, or is more willing to

so before trump repeels obamacare, reverses roe v. wade, get your gal the gift that lets her have control over one (bleep) thing over the next four years. >> trevor: thank you, desi. we'll be right back. ( cheers and applause ) ah, i'm in there as katie. i'll call you later ...or...no i won't, i'll text you, because what am i your dad? "don't stay out too late!". yea, just text me. thank you, get home safe. this must be what antonio brown feels like when he's dancing in the end zone. touchdown antonio brown! [crowd cheering] this must be how lucas felt when he finally got katie's number. ♪ pepsi. fortified.tored. replenished. emerge everyday with emergen-c packed with b vitamins, antioxidants, electrolytes plus more vitamin c than 10 oranges. why not feel this good everyday? emerge and see. i used to ask if you could hear me now with verizon, but i switched to sprint because their network reliability is within 1% of verizon. and get this, sprint has this crazy deal on their new unlimited plan with the 3rd, 4th, and 5th line for free. yep -

for instance, justices sandra day o'connor and anthony kennedy voted to uphold "roe v. wade," the decision that had made abortion a constitutional right, which reagan opposed. but for the last quarter century, almost every supreme court nominee of every president has voted consistently along political lines. chief justice john roberts' upholding obamacare is one big exception. >> they will interpret the constitution the way the founders wanted it interpreted, and i believe that's very important. >> reporter: trump promised to put conservatives on the high court, and he'll start with the unfilled vacancy left by the death of antonin scalia. should justice kennedy or either of the court's oldest liberals, ruth bader ginsburg or stephen breyer, retire, trump could change the court for a generation by creating a 6-3 conservative majority for the first time since the 1930s. to be sure, it's not clear sailing for trump's agenda. a dozen returning republican senators, roughly one in four, rejected or never endorsed trump's presidential bid, and they may push back on some of his nom

do you want to see the court over turn roe v wade. >> if we put 2 or 3 justices on and that will happenmatically in my opinion because i put pro-life justices on the court. it will go back to the state and then the states will make a determination. >> that was a back story for the state. and does the move and timing suggest a reaction to what is to come from the supreme court? >> it appears to be. here's why. the ohio senate considered the same bill before the election and never passed it. now the senate president in ohio said a president trump and new supreme court justices. change the dynamic. those are had his words. replacing justice scalia would not change anything. kennedy denneds to side with the liberal justices on abortion cases. but if any one of them were to leave the high court, you are talking about a different equation here. you might have a majority that would uphold severely restrictive abortion cases and who knows, the supreme court could overturn roe verse wade. it is a reaction to president trump and what he said on the debate and campaign trail. >> we'll see what joh

since roe v. wade in 1973 said woman has a right to choose.he states could restrict abortions, but you can't unduly burden a woman. the major concern is not what the current appointee, what happens when we get a new appointee. we know it's 4-4 for the supreme court. and justice scalia who is conservative, he died, as a result, it's 4-4. we know donald trump will replace him with someone conservative. the concern down the road, christi, is who else donald trump appoints to the court. i would take a look at someone like anthony scalia, excuse me, someone like kennedy on the court, who has really been pro abortion, or at least a swing vote. he'll be 80. i would look at ruth bader ginsburg. she's over 80 and liberal. depend foing on the mix of the court, it could change. the law is what the supreme court says it is as the end of the day. we could point to precedent. ultimately, if the course reverses that long term, we could see a major shift. i think that's what emboldening states like ohio opinion. >> there is one of the most restrictive. bannin

she asked him about roe v. wade. and he made it clear, as he had said earlier, he was still committed to overturning roe. she said, what will happen to the women? he said, they will go to other states. at the very end, you can see les lie -- well, we will be what happens. signaling to everybody that he meant what he said. on marriage equality he was a little more equivocal. do you support marriage equality? well, it is irrelevant because it is already settled. no, one could argue that roe was settled in 1973. the very wonderful decision on marriage equality was settled in 2015, if i am remembering the year correctly. whether this difference between abortion and gay rights has to do with what trump himself really feels, or whether it is his sense, and i am more inclined to think this reason, that the american public is more on board with the marriage equality than abortion, but who knows? anyway, so, we see some difference there, but lgbt activists should not take much comfort, just because he hates abortion, or is mo

roe v. wade. this guy over here. now we are doing the same thing with executive. we vote on clean air, clean power and we tell executive branch and you've given in law federal government tremendous power. >> yeah. >> now the farmer like you say and the ranchers in virginia and everybody is learning what that looks like and they're having a hard time staying afloat. we need to retain article one, congress shall make all laws, right? >> and this fear you talk about in casting the tough votes, is that one of the reasons that you're a strong proponent of strong limits and are you term-limiting yourself. you are. >> 12 years. >> a couple of authors had the number and if you have your eye and become leadership, et cetera, there's a lot of great guys and seniority goes with that. >> this day the money is so dominant. we had presidential on the republican side and dems side, 80% outside votes go to presidential candidates. the american people put all the incumbents again in congress, roughly. amazing power of the, you know, purse of winning elections and on top of the mon

remember, wolf, end of last term, justices by a 5-3 vote rejected a challenge from people in texas to roe v. wadeon regulation. the justices struck that down with justice kennedy flipping or that and it looked like abortion was going to be secure for a while but not with the election of donald trump in november. those kinds of challenges will head this way, too. >> he definitely will name one, maybe two or even three over the next four years if he's reelected. joan, i have to leave it there but clearly this is one of the most important decisions any president has to make. thanks very much, joan biskupic joining us. >>> we have live pictures coming in from baton rouge once again, president-elect trump will be taking the stage any moment now. his goal, to rally louisiana voters for the last senate race of the year and to boost the republican majority in the u.s. senate. we'll go there live. >>> but first, we're also remembering american space pioneer john glenn. a look back at his incredible life and career right after this. i'ts your tv, take it with you. with directv and at&t, stream live tv anyw

two of his supreme court nominees underwrite the core of roe v. wade.iage decision. one, reagan never had both houses of congress. the house was always democratic. and it's also important -- i think this is key, the republican party was very different. when reagan came in, the senate was filled with moderate and even liberal republicans. packwood of oregon, specter and hines in pennsylvania, so between a democratic house and a very different republican party, he had to negotiate all kinds of compromises whether on taxes, on social spending, on how you reform social security, conservatives don't like to acknowledge this, but one of the things reagan did was at one point brought the capital gains tax up to the same level as ordinary income. trump has a wholly different terrain, not just both houses of congress but a republican party so much more homogenous, so much more solidly conservative and so much really committed to fundamental changes in everything from tax structure to social policy that i think the potential is there for trump to oversee the kind

bill pryor who harshly criticized roe v. wadeade it to the bench after initially being filibustered by democrats. diane sykes was appointed by president george w. bush. as the politics of the next speak court pick rage on, most americans admit they have a rather abstract view of the supreme court and cases it hears but many of them start in towns like this one. a friendly community at a local high school facing a very controversial issue. forç now, gavin waits along wi advocates on both sides of the debate to see whom mr. trump nominates and how it would impact landmark cases like this one. >> i have immense confidence in our judicial system and in the ability of justices of whatever background to look at the facts of the case and to understand the principles that animate our civil rights laws and to come to a good decision. >> i think any justice looking at that would reach the conclusion, schools have a duty to protect privacy and dignity and the federal government has no business telling local schools what they must do with s

because she elected a president who wants to appoint supreme court justices who would overturn roe v. wadefor policies that probably would not benefit a lot of women, middle class women in this country. see glossed over more than a dozen incidents of women accusing donald trump of sexual assault. so i think it is more complicated for republican women when you compare their clear success professional success. she's the top of her game and really competitive profession. versus the issues that they're talking about. so that's why i think it's difficult when you compare if she was on the democratic side when the issues are more about championing women's rights. >> women's issues. thank you. appreciate it. donald trump speaks to a cheering crowd in ohio tonight. is he beginning us a glimpse of what the next four years will be like? ♪ p is for privileges. o is for ordinarily i wouldn't. l is for layers of luxury. a is for alll the way back. r is for read my mind. and i... can't see a thing. s... see you in the morning. polaris, from united. >>> president-elect trump spoke to a crowd tonight insi

roe v. wade took it out of the hands of the stated and made it a national question.ed limit, age drinking. it seems like a very abrupt turn i guess. >> it arguably is i guess on the other side you could say the biggest achievements of the obama era, obamacare and gay marriage started in the states. in massachusetts in particular. so the states of laboratories of democracy have perk percolated marriage equality and second amendment rights. good things they are remember the virtues of localism somewhat opportunistic. >> on the question of sanctuary cities which we have debated a lot on this show, seems like never a states right issues because what in effect mayors are doing is inviting people to stay in cities, most cases actually on federal assistance. so the states are abiding by one set of rules the rest of the country doesn't acknowledge and the rest of the country is paying for it why is that fair? >> well, you're right that it's hard to sustain and that's why president obama's attorney general loretta lynch promised to withhold federal funds from sanctuary cities

and that's a real tough thing, because roe v. wade was put in place to give timelines and parameters from what time to what time you are allowed to have an abortion. so this is a tough issue and it goes right back down that road that he tried to step around about women and how women are viewed. it's a tough issue. >> jeremy had no problems saying the male involved in a pregnancy, if you have an abortion, should not be punished. he had a quick answer on that one. >> he did. i think two things here. one, this whole episode is indicative of how donald trump ran his campaign and is likely to run his presidency. and that's that he makes up a significant portion of it as he goes along. you could tell, chris, when he was responding to you, that he hadn't thought this out. and as he thought through it, a few more clicks down the logical road there. he said, yeah, finally, when you pushed him, yes, there must be some form of punishment. but he hadn't thought about it and he didn't quite anticipate or factor in what the ramifications of making

because she elected a president who wants to appoint supreme court justices who would overturn roe v. wadee advocated for policies that probably would not benefit a lot of women, middle class women in this country. see glossed over more than a dozen incidents of women accusing donald trump of sexual assault. so i think it is more complicated for republican women when you compare their clear success professional success. she's the top of her game and in a really competitive profession. versus the issues that they're talking about. so that's why i think it's difficult when you compare if she was on the democratic side when the issues are more about championing women's rights. specifically. >> women's issues. thank you. appreciate it. donald trump speaks to a cheering crowd in ohio tonight. is he giving us a glimpse of what the next four years will be like? >>> president-elect trump spoke to a crowd tonight inside the u.s. bank arena in cincinnati. his supporters outside the rally gave him high marks, too. cnn's randi kaye talked to some of them. >> we're going to be the first on the victory

we will move them into the courts and the end roe v wade forever. [applause] vp-elect pence: it is time to end partial-birth abortions in this country. it has no place. [applause] vp-elect pence: it is time for all of the reforms. adoption reform, and the president's initiative for faceplate initiative that will speed resources to crisis pregnancy centers and ministries across the country that are there for women. with real answers meeting their real needs. i am mostly here today as a father and american to say thank you to you from my heart. because of all of you in the millions of americans you represent, abortion is in steep decline in america today. [applause] mr. pence: abortion is less available, less legal, and most importantly, less morally acceptable than any time since 1973. you alone of exposed the empty promises of the left who offer a choice, but deliver only partake -- deliver only heart ache and disappointment. the media will depict to some of us as strange for standing in the cold. usa today said we should get on with it. the extremi

separate standard for roe v. wade, should go back to the states.that women are going to remember that moment when he makes his first nominee. >> i don't know what he was thinking when he was sitting there, chris, he was thinking, why did i agree to do this interview? and not to butter you up anymore than i always do. >> don't do it. don't do it. >> now, wait a second, that was probably the most sustained questioning on any one point that he got during the entire campaign. so when i say, he was regretting to sit down president interview, he managed to avoid that kind of thing, that kind of situation, almost exclusively and it showed that he hadn't really thought through what he was doing. he was making it up on the spot! right there. >> there's another piece of that. >> and he went to the right of most of the pro-life community on that. >> the irony of the whole thing is there, and i don't knock on the journalists, but i don't dislike him personally. so there wasn't any viciousness about it. i was just trying to get the answer. and maybe that's why

will you appoint, are you looking to appoint a justice who wants to overturn roe v. wade?s what is going to happen. i'm willing to -- i'm pro-life. the judges will be pro-life. but having to do with abortion, if it were overturned, it would go back to the states. so it would go back to the states. >> but then some women won't be able to get an abortion. >> no, it will go back to is the states. >> they'll perhaps have to go to another state. >> the republican-controlled state legislature in ohio just passed the strictest abortion law in the nation that would ban abortions once a fetal heart beat can be detected, which would be as early as six weeks into a pregnancy, before many women even know they are pregnant. the ohio senate president said this when asked why move on that bill now. >> new president, new supreme court justice appointees change the dynamic. and that there was a consensus in our caucus. >> do you think this will survive a constitutional challenge now? >> i think it has a better chance than it did before. i think the issue is still one that it's about tactic

. >> now, usually the law is set out by the supreme court says that after the period in roe v. wade is when states can legislate what they want to do. when does life begin? >> people feel differently about that. >> but, usually, in this society secular society you convene science to do this. used to be when your heart stopped, you were dead. science evolved and brain activity is what you have to look at. why don't they do it when life begins? the reproductive rights. >> there's lots of different definitions about viability. >> because in the absence of science, you will have opinion. this law is something that you really have to think about. a big implication for what we are as a people. >> of course. >>> you just heard republican leaders say their first item of business is repealing obama care. then what? we'll talk to a democratic senator about this health care fight. everybody knows that the aca needed fixing, but what is your future and who loses if it's gone? introducing drug-free aleve direct therapy. a high intensity tens device that uses technology once only in doctors' offi

principled pro-life judges and we will move them into the courts and the end will be weighed -- roe v wade forever. [applause] vp-elect pence: it is time to end partial-birth abortions in this country. it has no place. [applause] vp-elect pence: it is time for all of the reforms. adoption reform, and the space -- and the president's initiative for faceplate initiative that will speed resources to crisis pregnancy centers and ministries across the country that are there for women. with real answers meeting their real needs. i am mostly here today as a father and american to say thank you to you from my heart. because of all of you in the millions of americans you represent, abortion is in steep decline in america today. [applause] mr. pence: abortion is less available, less legal, and most importantly, less morally acceptable than any time since 1973. you alone of exposed the empty promises of the left who offer a choice, but deliver only partake and disappoint -- deliver only heart ache and disappointment. the media will depict to some of us as strange for standing in the cold. usa today s

of americans think that abortion laws should kind of state whether are now and have been since roe v wade. 60% believe pot should be legalized. there's massive majorities. nobody cares about gay marriage anymore. fishes to be a hot button issue and it's like it's one. there is massive majorities on many issues that supposedly divide us. the real problem is that in politics, in partisan politics we can't express those opinions because the nominating processes by which candidates are selected are governed by extremist and both republican and democratic parties. you can see this where the art of centrist republicans, they are the centers democrats. they are all extreme. it predates the rights of the web and its the political system that is the problem. it helps explain, and i'm bullish on this election because again and again, and this is something my colleague and i talked about in a book, the declaration of independence, going back to 1970 1970, fewer d fewer people identify as republican or democrat. fewer and fewer people identify as liberal or conservative, either moderates or libertari

. >> but a trump court could well reverse that right as well as the now 43-year-old decision, roe v. wadetance to the legacy of barack obama cannot be overstated. after the death of antonin scalia, obama nominated merrick garland to the seat but republicans refused even to consider him. so the court became a casualty of the harsh political divide that has dogged the obama years. an eight-person panel split among ideological lines. the issue that became the biggest victim of that split, immigration. unable to get any legislation through congress, the president issued an executive order to keep millions of people from being deported. but when that order was argued before the supreme court, the eight justices divided along party lines, of course. >> this is part of the consequence of the republican failure so far to get a fair hearing to mr. merrick garland. my nominee to the supreme court. >> as with guns, the executive order had become his only way to get things done. >> and to those members of congress who questioned my authority to make our immigration system work better, or questioned t

people are pleased about it when they repeal the a portable care act, when they may possibly get roe v wadepealed and make abortion illegal in the country -- that is the agenda we are going to get. i think republicans will disagree on how popular those things will be, but we will see what happens. guest: i believe that the republicans with president trump passave the opportunity to much of the majority he promised he would when running for office. if they do not do that, they are going to make a of voters very angry. if they do do that, i think it will make america more prosperous and a better country. down the road, people will be happy it happened, because they will be more prosperous and more free. host: thank you both for joining us here on new year's eve. coming up next, we will continue our discussion of the top news stories of 2016. here are the numbers. republicans can call 202-748-8001. democrats 202-748-8000. independents 202-748-8002. we will be right back. ♪ >> the new congress starts on tuesday. watch all of the opening day events and activities on c-span. we are live from the