joan was questioning. so i think the democrats are going to raise these issues. i think biden's going to raise these issues, and how people react remains to be seen. >> joan, i know you have reporting on where chief justice roberts stands on this issue. we know that the supreme court in its reputation and where it stands within the country right now given the hyperpolarization is very important for him to protect. >> you know, that's just -- that's right. rarely does he write an opinion or give a speech that he doesn't somehow infuse it with the importance of the institutional regard for the court and this time and how he likes to stress that the court is not like, you know, not nine politicians in robes, and he has been so self-conscious about the court's standing in america that he himself has been edging to the left just because of his fears about how far this court has been lurching right ward, and this is exhibit a for the court lurching right ward, and what i knew from reporting before this "politico" bomb shell that came nowhere near to discovering something like this, an actual draft opinion from samuel alito was that i had learned that the chief had been trying to convince colleagues to not go so far. he has been a long-time opponent of abortion rights dating to his work for the reagan administration in the 1980s. he's voted against abortion rights and voted to uphold abortion restrictions. but he has started to hedge on that and from everything i know, he did not want to join the canine okind of opinion that samuel alito was writing. he was willing, however, as i understand it, to say that the mississippi law in dispute that would prevent abortion after 15 weeks of pregnancy, that that could stand, which would already undermine part of roe v. wade, but it wouldn't -- it would at least leave part of that landmark behind. and what i had learned was that he had made no headway with key justices to try to pick them off, the two most likely would have been justices kavanaugh and barrett, the most recent justices and they were not budging according to my reporting up to now. >> joaif we do hear from the president, we'll have you back. >>> democrats are vowing to fight back as the supreme court appears ready to overturn roe v. wade. so what can lawmakers do to protect abortion rights. senator elizabeth warren joins me next. under budget too! and i get seven days to love it or my money back... i love it! 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it's not going to fall hardest on well to do women. they can afford to get on a plane and go to another state where abortion is legal. they can afford to leave the country. who this is going to fall hardest on is going to be on poor women. it's going to fall hardest on those who have been molested, it's going to fall hardest on women who have been raped. it's going to fall hardest on the woman who's already working two jobs to try to take care of the children she has. and this supreme court has said they don't care. they don't care about those women. what they care about is imposing their extremist view on the rest of the country. that's what the republicans have been building toward, and it looks like they have about arrived there. >> let me ask you about the president himself who put out a statement and if we do hear from him, we'll take it, but put out a statement this morning obviously highlighting his support in the defense of roe v. wade and also what his administration has done in defending it in court. i'm curious given what our -- we discussed in our previous segment about him not even mentioning the word abortion thus far in his term as president, do you think that he and his administration have done enough publicly to highlight the significance of this issue? >> look, we're past the time when we can look in the rearview mirror. we just don't have the luxury of that. the question is what are we going to do now? what are we going to do today and tomorrow and the next day and the next day and the next day. remember, the supreme court is not the ones that will get the final word on roe versus wade. it is congress that gets the final word. we have the capacity to keep roe versus wade as the law of the land, and if we act, then we can do that. so to me, this is all about the focus on what we're going to do in congress, and how the president is going to help us do that, how people all across this country are going to help us do that. we can put that vote on the floor now. we can get everybody on record on where they stand on roe versus wade, where they stand on a woman's right to an boabortio after she's been raped, where they stand on the right to an abortion for a 14-year-old who's been the victim of abuse. where they stand on the right to an abortion for some woman who can't support the children she has and is desperately trying to keep her family together. let's get them on the record voting on that, and if we don't have enough votes to pass it now, we get everybody on the record and then we take that to the public in november. we've got less than 200 days until election day, roe versus wade, in that sense is on the ballot. >> i know you have been in favor of blowing up and eliminating the filibuster so has your colleague, bernie sanders. i'm just curious, do you have any sense that other democrats, joe manchin, who doesn't support abortion rights to begin with or kyrsten sinema would on this issue in particular? >> i think that it's one thing for them to talk about this in the abstract. you'd have to ask them how they feel about it now that we know what's happened with roe versus wade. but again, keep in mind we can keep everybody voting. we can make them go on the record, and if we need more democrats to change the rules, that's what happens in november. >> senator, senator, we're just going to -- we're just going to break in and listen to the president for a second. >> a call saying that it's been announced that it is a real draft, but it doesn't represent who's going to vote for it yet. i hope there are not enough votes for it. that's the main reason why i worked so hard to keep robert b boruk off the court, it reflects his view almost -- anyway. look, the idea that concerns me a great deal that we're going to after 50 years decide a woman does not have a right to choose within the limits of supreme court decision. but even more equally profound is the rationale used, and it would mean that every other decision made in the notion of privacy is thrown into question. i realize this goes back a long way, but one of the debates i had with robert boruk whether on griswold versus connecticut should stand as law. the state of connecticut said that the privacy of your bedroom, a husband and wife could not choose to use contraception. the use of contraception is a violation of law. if the rationale were to be sustained, a whole range of rights are in question. a whole range of rights. and the idea we're letting the states make their decision would be a fundamental shift in what we've done. so it goes far beyond, in my view, if it becomes a law and if what is written is what remains, it goes far beyond the concern of whether or not there is the right to choose. it goes to other basic rights, the right to marry, the right to determine a whole range of things because one of the issues that this court and many members of the court, or a number of members of the court have not acknowledged that there is a right to privacy in our constitution. i strongly believe there is. i think the decision in griswold was correct in overruling. i think the decision in roe was correct because there's a right to privacy. there can be limitations on it, but it cannot be denied. >> irdo you think that this has irreparably -- the court? we've never seen this happen before. >> if this decision holds, it's really quite a radical decision. and again, young the underlying premise, i've not had a chance to thoroughly read the decision. it basically says all the decisions relating to your private life, who you marry, whether or not you decide to conceive a child or not, whether or not you can have a abortion, a range of other decisions, how you raise your child. what does this do and does this mean that in florida they can decide they're going to pass a law saying that same-sex marriage is not permissible? it's against the law in florida? so it's a fundamental shift in american jurisprudence. >> mr. president, do away with the filibuster to codify roe? >> i'm not prepared to make those judgments now about, but you know, i think the codification of roe makes a lot of sense. look, think what roe says. roe says what all basic main mainstream religions have historically concluded, that the existence of a human life and being is a question, is it at the moment of conception? is it six months? is it six weeks? is it quickening like aquinus argued? the idea that we're going to make a judgment that is going to say that no one can make the judgment to abort a child based on a decision by the supreme court i think goes way overboard. >> thank you. thank you, guys. >> the midterms, what does this mean for the democrats' argument in the midterms? >> i haven't thought that through yet. >> do changes need to be made to the court in light of this, if this decision holds? >> i beg your pardon. >> do changes need to be made to the court in light of this? >> we just have to choose t titi -- look, they refuse to acknowledge that there's a ninth amendment. thi they refuse to acknowledge there's a right to privacy. there's so many fundamental rights that are affected by that. i'm not prepared to leave that to the whims and the -- of the public at the moment in local areas. thank you so much. >> thank you, guys. come on, guys. >> there you heard the president answering questions saying that if overturning roe does, in fact, happen, if this decision holds, it is a radical decision in his words. he also went on to say that he supports codification, codifying the rule making it a lot of sense in his opinion but would not weigh in on the filibuster. i want to bring back in senator elizabeth warren to get her to respond to what we just heard from the president, specifically on the fact that codifying roe makes a lot of sense but not delving deeper into the filibuster. >> look, i've been on the record for a very long time that we need to get rid of the filibuster, and roe is just exhibit a for the reason for that. the latest data suggests that about 69% of americans, and that's americans everywhere, not just democrats, 69% of americans, red states and blue states, young people, old people want to see roe preserved as the law of the land. when 69% of americans in a democracy want to see something happen, you'd think we'd be able, at least, to get a vote on the floor of the senate on that question. but the filibuster prevents us from doing that in the same way that historically the filibuster was used to prevent us from getting to the civil rights laws, to prevent us from getting to anti-luncynching laws. it prevents us from having a vote on the fundamental question of whether or not a woman has a right to seek an abortion in america. and so for me that is the gat gateway. we have to deal with the filibuster head on because until we do that, we have handed the republicans just a veto over anything we want to get done and understand, this is not, oh, but what happens when the republicans come back and if they're in power, wouldn't the shoe be on the other foot? understand this, the republicans have had two things that they've been beating a drum now for years. one, cut taxes for rich people and number two, get an extremist supreme court in place to accomplish things like overturning roe. they've gotten what they wanted. on the democratic side, listen, we got to get serious and we got to get tough, and that means we've got to get rid of the filibuster and protect a woman's right to an abortion. >> doesn't that begin, though, with the president supporting getting rid of the filibuster, which he wouldn't do here? i mean, is he enough of an ally to the party on this issue? >> look, i think this is where all democrats should be. i've made this argument, i've been making this argument for years. in a democracy, it makes no sense, it is antidemocratic to let a minority continue to control the united states senate. the filibuster's not in the constitution. this is a rule that was developed by the senate, and that means the senate can get rid of it, and that's exactly what we need to do. we need to get rid of the filibuster and then affirm what two-thirds of america wants us to do, and that is protect a woman's right to access to an abortion. >> senator elizabeth warren, thank you as always for your time. >> thank you. >> i want to bring back our panel, jeremy diamond, jeffrey to toobin, gloria borger,. >> what i thought was interesting was he was speaking in a bit of insider code as a former member of the senate and former chair of the senate judiciary committee. he talked about in 1987 when he was chair of the committee and robert boruk was nominated to the court by president reagan, and he was defeated in large part because he would not acknowledge that there is a right to privacy in the constitution, and that's why biden voted against him. that's why biden led the fight against him. it was a 58-42 vote against robert bork. i think what this -- what the draft opinion illustrates is how much the republican party has shifted in recent years because it used to be that there was a very significant core in the republican party of pro-abortion rights, pro-right to privacy. but that right is eliminated in this draft opinion. the president, i don't think he was particularly clear about it but i think he was saying that the right to privacy is not just about abortion rights but it's about contraception. it's about sexual relations, it's about marriage, and all of that is in jeopardy with an opinion like this one. >> and joanet's not lose sight of just how extraordinary it is to hear the president confirm what we heard from the chief justice just moments ago, and that is the document described in yesterday's report is authentic, but does not represent a decision by the court or the final position of any member on the issues in the case. >> you know, this is just one more extraordinary thing that's happened in the last 24 hours for the chief justice to issue this kind of statement is really remarkable, and to say the court is saying outright this document that "politico" obtained is authentic, but the chief is rightly reinforcing the idea that we don't know what kinds of changes are going to be made to this first draft. i actually suspect that many changes have already been made to it since it was dated february 10th, so that -- that part is true. he also suggested that maybe, you know, votes -- it might not reflect the true votes from everything i've picked up, you know, i think there is a solid five-justi