so i think it is really fair to say there are two john roberts and if john roberts could just strikeber he would do it in a heart beat. i don't think it would surprise anyone. what john roberts doesn't like is sloppiness, the appearance that the court has gone rogue, and that is why he pushed back this week. absolutely nothing to do with his personal preferences about roe which have been amply clear for a very long time. >> while he articulated that in a dissent, all the dissenting judges wrote about this, sonia sotomayor, melissa, has said this. she wrote this. the court's order is stunning. presented with an application to enjoin a flagrantly un-constitutional law, engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny a majority of justices have opted to bury their heads in the sand. i truly have not read a lot of decisions in which that kind of strong language is used. is she criticizing their judicial decision or is she criticizing the way in which this decision was arrived at? >> i think she is criticizing all the things. it is wort

sauer >> anthony savas >> vladimir savinkin >> john michael sbarbaro >> david m. scales >> robertennis scauso >> john albert schardt >> john g. scharf >> fred c. scheffold, jr. >> angela susan scheinberg >> scott mitchell schertzer >> sean schielke >> steven francis schlag >> robert a. schlegel >> jon schlissel >> karen helene schmidt >> ian schneider >> thomas g. schoales >> marisa dinardo schorpp >> frank g. schott, jr. >> gerard patrick schrang >> jeffery h. schreier >> john t. schroeder >> susan lee schuler >> edward w. schunk >> mark evan schurmeier >> john burkhart schwartz >> mark schwartz >> adriane victoria scibetta >> raphael scorca >> and my father. >> and my father. vietnam veteran. executive director marsha mcclellan. member of the ancient order whose 18 members were lost on september 11. proud son, loving husband, proud father, uncle, and cousin. defender of the faith and good friend. on this day, as i have said to my loving son last night, to not grieve. for we all shine on like the moon and the stars. and the son. thank you. >> janice m. scott >> randolph scott >>

the chief justice john roberts and the court's three liberal justice decented from that order. on the one hand they said they were not weighing in on the constitutional of s.v.a., but right now in texas until that law is settled, there's no right for a woman to get an abortion. so that is abortion. the next -- the next case that is going to be argued in november they wanted to talk about is a case called new york state rifle and pistol association vs. brew went. back in twa 2008 and 2010, they ruled in two cases that you have a right to have a hand gun in your home for self-defense. gun rights supporters came to the supreme court many times over the next 10 years or so asking the supreme court to say more about the scope of that right the supreme court repeatedly turned down requests to do so. back in 2019, the supreme court finally took up up a new case out of new york city involving a new york city rule that banned the owners of licensed handguns in new york city from taking the handguns outside of new york even to go to a shooting range or to their vacation homes just to giv

four justices, including conservative chief justice john roberts, dissenting. justice sonia sotomayor calling the majority's decision "stunning," calling the law "flagrantly unconstitutional." now, most women seeking abortions in texas forced to travel to other states. this clint clinic in neighboring oklahoma usually schedules appointments for 15 women a day. since the law in texas, that number has more than doubled. >> for a five to ten-minute procedure, to drive 600 miles in the middle of a pandemic -- it's cruel. >> reporter: david, president biden called this law extreme, but at this point, there is very little the president can do about it. the fact is, there's a conservative majority on the bench. former president donald trump was able to appoint three justices to the bench and all three of those justices this week were in favor of this law moving forward. david? >> all right, rachel scott in texas for us. rachel, thank you. >>> of course, this has been a decades-long fight, since the roe versus wade decision in 1973. let's bring in terry moran, who has

presumably the answer lies in part with chief justice john roberts not because his felt makes a difference anymore but whether or not he has influence on the court so we will see quite soon. i would also like to touch on the shadow docket a wonderfully smooth there are a lot of developments on the shadow docket we would like to talk about because some of them will be showing up so just to talk about the juicy cases that are at the court this term during the 2016 campaign donald trump promises to overrule to say he would appoint a conservative justices and then be appointed three justices so now is the time to see if that promise will come true the court will be dobson versus jackson that is a challenge to the constitutionality of a mississippi law that bans almost all abortions after the h week of pregnancy planned parenthood versus kc or roe v wade a woman has a constitutional right at the point when a fetus becomes viable which is between 22 and 24 weeks of pregnancy so the fifth circuit struck down and said is unconstitutional under roe v wade and casey but they came to the supreme cour

the vote of john roberts to grant review. you fast-forward to now, amy coney barrett who had written a dissent while she was on the second -- seventh circuit suggested that she would be more receptive to the argument that the gun mike -- gun rights people were making and they agreed to take up this new new york case. it is a challenge to new york's concealed carry regime, under what which, you need to show a special need beyond the general need and desire to have a gun when you are out and about for self-defense. you have to show a real need to have one. the court will hear argument in that case in november. the next case i want to talk about is one called carson versus makin. in 2020, and espinoza versus montana department of revenue, they voted 5-4 that montana's exclusion of religious schools from a state tuition aid program that provided scholarships to attend private schools as long as they were not religious schools discriminated against religious schools based on their religious status and violated the constitution. th

chief justice john roberts dissented along with the court's three liberal justices. >>> in afghanistan today, taliban rulers plan to unveil their new government more than two weeks after they captured kabul. meanwhile, the biden administration says that it's been in contact with americans who want to leave afghanistan and are working to get them evacuated immediately. natalie brand reports from the white house. >> reporter: the biden administration says there are still 100 to 200 american civilians in afghanistan. >> we've been in contact with them in the last 24 hours to tell them that we are looking at all possible options, air routes, land routes, to continue to find ways for them to help evacuate. >> reporter: the biden administration says it will use diplomatic and economic pressure to make sure the taliban lives up to its word and allows them to leave. >> we are focused on operationally moving forward on a number of fronts. >> this was a botched job of gargantuan proportions. >> reporter: but critics are not convinced, including florida congressman mike waltz, a green beret who s

how much control will this court that informally bears the name of john roberts, the roberts' court, after justice anthony kennedy had retired, the chief justice had sat at the center of the court and also held the ideological center of this court. so he had a lot of power. he was in the majority in virtually every important case, and what we're seeing now with the five conservatives to his right including three appointees of donald trump, he no longer has that power. last night's ruling -- last night's order from the court could really be a sign of what is to come, whether it is john roberts' court or perhaps it is more of a donald trump court. >> thank you, joan, for the reporting. >> thank you. >>> our next guests represent two of the plaintiffs in the case. their emergency requests to stop the texas law were denied last night by the supreme court. alexis mcgill is the president and ceo of the planned parenthood federation of america and mark herron is the lead attorney for reproductive rights.org. thank you both for your time. mark, i want to start with you. as joan said, it soun

he never says this, i mean he being john roberts.that he doesn't want to put the supreme court in the middle of a political fight. well, we're here now and the supreme court is going to get polarized publicly. it is, believe it or not, even though in washington people have opinions about where the court is, the public has been fairly split on its rules over the last few years, fairly pleased with it. it feels like this is going to polarize the court the same way everything else has been polarized. >> this is a big issue. you know, if you look at supreme court terms, you often have where liberals win a few, conservatives win a few, sometimes those are very narrow wins that sort of put off the big question but, you know, in the public's mind it looks like it is kind of evening out and i think that's what the public has reacted to. the public does hold the court in fairly high esteem, certainly better than congress, about what it thinks about the executive branch, and i think it is that sort of back and forth, one side wins one, one sid

and that is chief justice john roberts.ampbell said, -- and john roberts sits can say you know what barrett, we're not doing that. because you know what, i do care about what's political. and we are not gonna go to the mcconnell center. brett kavanaugh, you're not going to go to the federal society. were -- we are going to be above the fray. and if john roberts said, that they would do it. but he doesn't does he. because he is just as an implicit in this at all the. rest >> ali, -- that is. all the rachel maddow show starts right now. good evening rachel. >> good evening chris my friend. much appreciated. >>> good evening rachel. >> good evening chris. thanks for joining us at home this hour. happy to have you join us tonight. are you ready to time travel with me? shall we do this together? we're not time traveling very far, so you're not going to need like a victorian costume. we will not require a spacesuit. we're going to time travel, but we're only going to time travel into the future 26 hours. it turns out we can leapf

. >> reporter: chief justice john roberts sided with the three liberal justices.blistering dissent, justice sonia sotamayor called her colleagues' decision stunning and the texas law flagrantly unconstitutional. this clinic in fort worth is nearly empty today, forced to turn away patients or send them across state lines. >> most of them this morning told us, it is not about the finances of getting to another state. it is the days off of work. it is finding someone to take care of their children and their families, and it is impossible. >> reporter: the texas law bans abortion after about six weeks of pregnancy, when a so-called "fetal heartbeat" is detected. a controversial term because of how undeveloped the embryo is at that stage. the law makes no exception for rape or incest. texas right to life is now encouraging people to provide tips about anyone trying to break the new law. and, clinics in oklahoma and kansas say they are now seeing patients arrive from texas. president biden slammed the high court's decision not to intervene, calling it an unprecedented a

in his dissent, chief justice john roberts said it not only unusual, it's unprecedented. >> o'donnell: ben tracy, thank you. and we are now learning that a nine-month-old girl from afghanistan died wednesday after landing in philadelphia. w this is the first known death of an afghan evacuee on u.s. soil. she's one of thousands flown into the united states. we're told the girl became unresponsive during the flight. they are investigating the cause of her death. well, tonight, more than 80 large wildfires in the west have burned more than two and a half million acres.ll california is on pace to break last year's record fire season as the caldor and dixie fires torch thousands of acres. but as cbs's carter evans reports, the weather is providing firefighters some much needed help. >> reporter: as ominous as these flames look, they are actually part of a strategy. this is a back fire that crews set intentionally to take advantage of favorable weather.e right now it is burning back toward itself and away from the community.w that community is south lake tahoe. where the caldor fire explode

and if john roberts said that, they'd do it. but he doesn't because he's just as complicit in this as you will at the rest of them. >> elie mystal, dahlia lithwick, thank you. that is "all in" for tonight. "the rachel maddow show" starts right now. good evening, rachel. >> geeng, chris. much appreciated. thanks so much for joining us this hour. really happy to have you tonight. are you ready to time travel with me? shall we do this tooth? we're not time traveling very far. so you're not going to need like a steampunk victorian costume. although i'm sure it would look great on you. you will not require a spacesuit. we're going to time travel but we're only going to time travel into the future 26 hours. it turns out we can leapfrog magically into the future 26 hours tonight at this website. it is the campaign website for the main republican challenger trying to unseat california's democratic governor, gavin newsom. that election in which california voters will decide whether or not they want to recall governor newsom, that electio

and if john roberts said that, they'd do it.e rest of them. >> elie mystal, dahlia lithwick, thank you. that is "all in" for tonight. "the rachel maddow show" starts right now. good evening, rachel. >> geeng, chris. much appreciated. thanks so much for joining us this hour. really

chief justice john roberts is joining the three liberals on the court with his dissent.'ll have cnn's aryan deveaux and dana bash. you were talking about what a stunning law this was and the chilling effect it could have on other states passing similar laws like this. so, tell us what the supreme court said just before midnight. >> reporter: right, we learned a lot last night about this conservative supreme court and, frankly, the fragility of roe v. wade. this 5-4 order issued at midnight where the courts basically green lighting texas's six-week abortion ban. it's one of the most strict in the country, of course, by that time most women don't even know that they're pregnant. and as you said, chief justice john roberts here cast his vote in dissent with the liberals. and justice sonya sotomayor was furious and she issued this scathing dissent. she said the court's order is stunning, presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of

so it's not clear whether chief justice john roberts would have voted the way he did. but chief justice john roberts has always been deeply 'posed to abortion, so in my mind the shift happened when antony kennedy retired. i think -- he was a defend ore f abortion rights and when le retired, it actually changed the vote count. that said every vote on the supreme court counts and at the very least, if justice ginsburg were still with us and we're about to mark the one-year anniversary of her death, i'm certain she would have been robustly defending the rights of texans to have dominion over their own body and end pregnancy if she sees fit. for us, it's a tragedy she's not with us. >> i was speaking with maria hinojosa last hour. can we all but assume at this point we know how the vote would fall? >> yes. that's why president biden has to fix the supreme court. the republicans stole a seechlt gorsuch is sitting there from obama. they put amy coney barrett there during an election. voting had actually started. kavanaugh, an accused rapist, credibly accused rapist, they hav

chief justice john roberts is constantly telling people that just as steven briar gave a speech about how they're not junior politicians. well this kind of action or inactioning suggests they have a political agenda. i'm sure they'd say, oh no we don't. think of what people in texas believe right now on both sides that the supreme court has implicitly accepted reversal of roe v wade. >> a senior director of a women's health clinic is saying the clinic is going to have to start turning patients away today. i'm hearing the justices could still intervene. >> they could do what they should have done last night, offer some clarity. >> wouldn't that be more confusing? they knew the deadline. >> they knew the deadline. they also knew that women are sitting in waiting rooms at the moment waiting for their abortions after filling other parts of texas law, waiting periods, getall sorts of women lined up to exercise their constitutional right to ray abortion under texas's already strict rules and requirements for that. but here's the thing. we were getting some signals that perhaps they were dis

i'm john roberts. "the story" starts right now. >> martha: thank you, john and sandra.t some tough questions for the pentagon. we will take you there live as soon as that gets underway. that as to the chairman of joint chiefs general milley was asked to what extent would the u.s. consider coordinating with the taliban beyond what we saw during the evacuation. >> any possibility of coordination against isis-k? >> it's possible.

so this is no big secret, and even though, even chief justice john g. roberts when he rejected the idea that this should be decided on the shadow docket as dahlia explained, he, himself, he has expressed the view that "roe v. wade" was wrongly decided so i think very likely six votes to overturn it, and that is the ultimate outcome on this. one other thing that i am worried about is this approach to have citizens to enforce laws instead of state actors can be applied in other ways, and voters challenging other voter's vote, and this can be to statues for lbgtq rights and bathrooms they choose, and it does not have to stop at just abortion rights. i am on the look out for that, too. >> and dahlia, chief justice broke with the conservatives on this, and what is his concern? concerned about overturning precedent or being viewed through a partisan lenses? >> no, i think that kimberly has it right. it is principally optics, if he had waited to decide the mississippi case, and the 15-week ban, and you would have had a 6-3 case, and the reason that john roberts voted

shaw jeffrey james shaw robert john shay, jr. h patrick shea kathleen shearer robert m. shearer linda june sheehan hagay shefi antionette m. sherman john anthony sherry atsushi shiratori thomas joseph shubert mark shulman see wong shum allan abraham shwartzstein clarin shellie siegel-schwartz johanna sigmund dianne t. signer gregory sikorsky stephen gerard siller david silver craig a. silverstein nasima h. simjee bruce edward simmons diane m. simmons donald d. simmons george w. simmons arthur simon kenneth alan simon >> and my husband. mark, your whole family loves you and misses you every single day. your legacy lives on in your three children, they are so much like you. i can still feel you watching over us and i will love you forever. >> and my father, joseph p mcdonald, i miss you every day and wish you were here to experience all of life's moments. i miss your smile, hugs, and hearing never ending jokes. seven years was not enough time together but i am grateful for my memories and the stories that i hear about you from my fa

i'm john roberts, sandra is off today.t the top of the hour, we'll see you then. ♪ ♪ show me the money! show me the money! >> harris: that is me, emily and kayleigh before the show. just kidding. have you ever wonder federal your co-worker makes more money than you or have you been frustrated during a salary negotiation? you will appreciate this. pay transparency measures would force companies to disclose salaries they pay for every single position at some point during the hiring process. new laws take effect in connecticut and nevada next month and rhode island in 2023. colorado's law in effect since january of this year mandates businesses include salary range in every single job posting. that is different. that's different than saying bill makes this. what do you think this about, ben? >> ben: look, i own a restaurant and i also own a gun store and a gun range. i witness this in real life the other day, had an employee that said, so-and-so in the restaurant is making this and i deserve to make that. okay, make your case

chief justice john roberts join the three liberal justice in the decent. one of the strictest in the nation and bans abortions before many people know they are pregnant remains on the books. we have a big couple of hours ahead for us, all live here on cnn with our breaking news. i want to get to our meteorologist though to tell us about what's going on. this water came in fast and furious as we heard here in new york city. as we heard the governor talk about and the mayor of new jersey declaring a state of emergency and the governor as well. this area is being uniinundated with water. >> look at this number, almost 200 miles stretch of land there of emergencies of portions of new jersey and onto new york and in place there going onto thursday morning. flash flood emergencies only a handful with issued per year and often you will see them with over topping of ada dam or levy. you have catastrophic flooding taken place. those are some what common. these won't happen every single day, this expansive of an area in the most populated region in the u.s. makes th

no less starting with chief justice john roberts. rals and he said let's figure out the procedural problems and then decide whether the law would go into effect. the liberals were less guarded than the chief. just justice sotomayor was as mad as i've seen her. the liberals there calling out the texas legislature. they are calling out the -- the majority of the supreme court, but on the ground in texas, here's the dilemma. how do you appeal a law that bars a procedure that is no longer being carried out? that's their problem. how do they go forward even with the appeal, john? >> what's the white house saying about it? >> welsh president biden did come out, and he issued a very strong statement himself. he said rather than use its supreme authority to ensure justice could be fairly sought the highest court of our land will allow millions of women in texas in need of critical reproductive care to suffer while courts sift through procedural complexities. the doj also weighed in, so what does this mean for roe? roe in texas right now is a

chief justice john roberts joined the court's three liberal justices in their dissent, with justice sonia sotomayor writing -- "the court should not be so content to ignore its constitutional obligations to protect not only the rights of women, but also the sanctity of its precedents and of the rule of law." all five of the justices who allowed the ban to stay in effect were appointed by republican presidents, three of them by donald trump. president biden said the texas law "blatantly violates" the constitutional right to abortion enshrined in roe v. wade. it's the most restrictive anti-choice law in the nation, barring abortions about six weeks into a pregnancy -- before many people even know they're pregnant. there is no exception for rape or incest. the law also allows anyone in texas to sue patients, medical workers, or even a patient's family or friends who "aid and abet" an abortion. this is alexis mcgill johnson, president of planned parenthood. >> it is incentivizing really bad behavior. we are people outsi of clinics documenting license plates, taking pictures of people going in

chief justice john roberts here has joined the liberals in dissent.ember, this texas law is one of the strictest in the nation. it bars abortion before many people know they are pregnant. now it's going to remain on the books. and what was interesting and unique about this law is that it allows private citizens to bring civil suits against anyone who assists a pregnant person seeking abortion in violation of the ban. no other six-week ban has been allowed to go into effect. and let me just read to you from the dissent. and this part there were several dissents but this one is written by justice sonia sotomayor, joined by justice stephen breyer and justice kagan. they write, "the court's order is stunning presented with an application to enjoin an unconstitutional law designed to evade judicial scrutiny. a majority of justices have opted to bury their heads in the sand." and then it makes note that last night the supreme court effectively did not rule in time to meet a deadline, so the law did go into effect last night simply because the court hadn't r

i am john roberts. >> jacqui: i am jacqui heinrich in for sandra smith.ing tough questions before congress. lawmakers expecting to demand answers about the death of 13 service members in kabul and how the afghan government fell apart in ten days

i'm john roberts. at the top of the hour with america reports. >> harris: new york city's new program to fight crime is drawing some sharp criticism. the plan will play young people who are identified as at risk a stipend for their participation in a mentor program which leads them to getting a high school diploma or driver's license. a spokes person for the national police association says it this way. providing a financial incentive to not commit gun crime is most suredly a fanciful unscientific solution to a very specific problem. instead of stigmatizing and punishing bad behavior, this program rewards a neutral behavior and will undoubtedly be ripe with fraud. >> this is fantastic. so any kid who wants to go to the city and say, i'm at risk, they're going to get 1,000 bucks a month. this is just rich. you shouldn't be incentivizing kids who work hard, stay in school, study and change the world. it's really the opposite. these programs don't work. they've tried them in different cities. most cities

what did chief justice john roberts mean in describing this as unusual and unprecedented. well, this supreme court is that the gave a thumbs up to -- are essentially close to all patients. and what the court said to texas yesterday is that these can be enacted in other states. they have already said that they are going to enact legislation like this in south dakota. this is a really weird texas state, it outlawed abortion after six weeks, but it said the state isn't going to enforce it, and any private citizen can sue anyone who is helping anyone ghana bore shun. so if you take an uber to the abortion clinic, this law says you can sue the uber driver anywhere in texas. and seek $10,000 in damages. it is designed to intimidate and designed to create fear and that is what has happened. and why abortion clinics are essentially close to all patients. >> you wrote in the washington post on june 7th, neal katyal, when the supreme court accepted a case out of mississippi, reproductive rights to not depend only on what the court does with roe, because the constitution says that fe

in fact chief justice john roberts, who is clearly aligned with the objective of those five justices, issued one of the dissents. basically saying, guys, i'm not sure we can do it this way. quoting from his dissent he says, i would like to stop the law from going into effect, so that the courts may consider whether a state -- something i'm about to discuss. so in essence, robert seem to be saying, hey, let's wait, since the supreme court already teed up to overturning roe v. wade for this fall. they've already said it up. they have a case out of mississippi. in 2018, mississippi passed a law that bans abortion after 15 weeks. several months later, a set federal drugs, block that law firm going into effect. as is normal, because it's not constitutional. in appeals court upheld that decision in 2019. defining that the law was quote, facially unconstitutional because it directly conflicts with unquote, prior supreme court precedent. that's correct. but earlier this year, the supreme court decided to hear that case. the case of dobbs versus jackson women's health organization. they plucke

and oral arguments and not decide it on the fly here. >> and what does that tell you about the john robertscourt, is he more invested in the optics here? >> i think that justice roberts cares a lot about the legitimacy of the court, and the rest of them, and it does not bode well for the future of the substance of this decision. one of the key criteria for deciding of whether to grant a stay is the likelihood of success on the merits, and most people would look at the likelihood of the merits of roe v. wade, you cannot restrict by 24 to 26 weeks of viability, and this is six weeks and five justices did not find that this challenged the law and likely to succeed on the merits, and so it does not bode well for the case coming up before the case this fall in dobbs in a mississippi abortion case that restricts the abortion rights after 15 weeks. >> and when you are talking about how this case may or may not succeed on the merits, i want to play what republican senator bill cassidy who is a medical doctor by training said about this law yesterday. >> i think that the supreme court will swat it a

and basically we saw the chief justice john roberts, no fan of abortion, right?> yes. >> reporter: joins with the liberals here, and the liberals were just furious about what happened. this is what justice sonya sotomayor said in descent. she said, the court's order is stunning presented with an application to enjoin a flagrantly institutional law to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand. >>> so there you have the liberals, really calling out not only the texas legislature for passing this law that was put on the books because they knew it would be so hard to challenge, but she's also calling out her own colleagues, and that shows what's coming up in the months to come. >> and has an effect, you hear of women there, clinics complying already. so they have to leave the state, in effect, to get an abortion. the court has agreed to take -- this is an unusual case they do on their shadow docket. they didn't hear arguments, et cetera, but they agreed to

even among the chief justice john roberts. legislator in any state, couldn't i use the same loophole to challenge a whole host of what are otherwise constitutional rights and sneak it by the supreme court? >> well, that's what this -- that's why this door has been opened. it's interesting. i talked a couple days ago to somebody who was instrumental in this particular law thinking about it, and now hopes that other states will pass it. and it can't just be cut and pasted, right, because they'll look specifically at the state laws. state laws that say who can bring suits. and more cynically, they'll also look at the judiciary, who makes up the state supreme court. is the federal appeals court as conservative as it is in texas? but that's what this has done. it's opened the door so that more -- so that similar legislation can be drawn up in the other states. and as you said, it's gotten people thinking. well, if this can happen in the realm of abortion, can it happen in the realm of second amendment? so, all this is kind of brand

dissenting john roberts and the court's three liberal justices. today the president slammed the ruling and said he planned to launch a whole of government effort looking specifically to hhs and doj to see what steps the federal government can take to insulate those in texas from this law. his words. this afternoon things became tense when the press secretary was asked about the president's faith and abortion rights. >> why does the president support abortion rights when the catholic faith teaches abortion is morally wrong? >> well, he believes it is a woman's right. it's a woman's body and that's his choice. he believes that it's up to a woman to make those decisions and up to a woman to make those decisions with her doctor. i know you have never faced those choices, nor have you ever been pregnant, but for women out there who faced these choices, this is an incredibly different thing. >> nancy pelosi promised to take steps to codify re v. wade. >> when we come back, we will be putting roe v. wade on the house to ensure that women everywhere have

but chief justice john roberts has been deeply opposed to abortion always.ost substantial shift happened when anthony kennedy retired. he was a defender of abortion rights. when he retired it actually changed the vote count. that said, every vote on the supreme court counts. at the very least, if justice ginsburg was still with us -- we are about to mark the one-year anniversary of her death -- i am certain she would be robustly defending the rights of texans to have dominion over their own body as they see fit. >> i was talking with senator hirono in the last hour, she brought up the miss tis case that's going to be brought up in the fall banning abortions after 15 weeks which would essentially overturn roe. >> right. >> can we all but assume at this point we know how the vote count will fall considering the decision made in this texas law? >> yes. that's why biden and the democrats have to immediately fix the supreme court. they -- the republicans stole a seat, gorsuch is sitting there -- from obama. they put amy coney barrett there during an election. vot

the 5-4 decision which chief justice john roberts sided with the progressive wing the court allowed itt for the majority created by president trump's three-quarters nominees. could that signaled the court is ready to strike down roe v. wade to legalize abortion and? and possible trouble for the u.s. economy. american employees added only 235,000 payrolls in august. as a nation bids farewell to summer and returns to restrictions on school kids in public places escalating vaccination requirements and new fears about the spread of the delta variant is covid going to kill off the nascent economic recovery? join me to discuss his "fox news" contributor brandy divine and sean duffy. thank you both for joining me. miranda let me start with you with afghanistan. president biden told us it was an extraordinary success this week and i just discussed with general jack keane why that's obviously completely insane but tell us if you would what are the vanzo last month in what is it due to joe biden's presidency and his credibility? >> look i mean just look at the polls and see it's been disastrous

it's not clear, that chief justice john roberts would have sided with the liberals, the way he did ins. case if it would've made a difference to the vote total. of course he did uphold the precedent that struck down an abortion law in 2020. so it may well have been a different results. but chief justice john roberts is always been opposed to abortion, so to my mind, the most fundamental shift on the supreme court rat and when anthony kennedy retired. i think justice ginsburg, because he was a defender of abortion rights. and when he retired, it actually change the vote count. that said, every vote on the supreme court counts. and at the very least, justice ginsburg were still with us, and we are about to mark the one year anniversary of her death, i am certain that she would've been robustly defending the rights of texans. to have dominion over their own body, to end a pregnancy if they see fit, for that alone, it's an absolute tragedy that she's not with us. >> i was talking in the last hour, to his, senator and she brought up the mississippi case that will be heard in the supreme co

. >> john: i'm john roberts in washington. new book claims milley placed two separate calls to china, one just days before and the second on january 8th following the capitol rights. milley believed china could feel at risk from unpredictable president. if the u.s. decided to attack. >> another allegation describes speaker nancy pelosi calling general milley after the capitol riots pleading for him to protect the nuclear code from former president trump. migey agreed and took steps to limit then president trump's powers. >> john: we're learning general milley didn't go alone and mark esper made steps, too. jennifer griffin is live with more on this unfolding tale. jennifer. >> jennifer: defense officials say the two claims in the woodcard and costa book are not accurate. the two calls made to the chinese by general milley were not secret, they were done with defense secretary at the time, general milley spokesman for the joint staff, dave butler, issued following statement moments ago. "his calls with the chinese and others in

the four dissenting justices, including chief justice john roberts, said look, you are burying your headsiding a claim that procedure was not followed properly to avoid dealing with the issue. rasping the nettle of what we have at stake here, the i has been deferred, kicked down the road. ros: there has been a strong reaction from supporters of the decision and those who are against it. women's rights groups have slammed the law as a dramatic reversal of the roe v. wade judgment of 1973, which effectively legalized abortion across the u.s.. a tear from the president of the organization planned parenthood. >> look, we are incredibly disappointed. what happened in texas, they turned the clock back 50 years. it is an incredibly dark day and in not responding in this moment, the supreme court is effectively overruling roe v. wade for women in texas. ros: for some, extreme disappointment, but there was celebration from texas republicans at seeing the law to go through. one of the biggest criticisms of this law is the lk of exceptions for women who fell pregnant as victims of ra or incessant. h

i'm john roberts in washington. hi, sandra. >> sandra: video shows migrants living in whatever debris they can find. their only shelter from the brutal heat is just some sticks and branches thrown together. we are standing by for a news conference from texas governor greg abbott, top of the hour. he is calling on the biden administration to declare a federal emergency at the border. he said this is a crisis of the president's own making. we have the latest from the dhs secretary testimony to the senate homeland security committee this morning. we'll go to the border in just a moment. >> john: we kick off hour one of "america reports" with former acting ice director tom holman. i wanted to play from yesterday, there's a little bit of sound from the dhs secretary and get you respond to it. let's listen. >> borders are not open and people should not make the dangerous journey. >> john: he says there, tom, that the borders are not open. what do you say to that based on what we have seen in del rio texas in the last coup

i don't think we need an outside force. >> sandra: let's bring in john roberts john roberts. >> john:rrorist. they are terrorist, they crashed into the towers, pentagon, and took down flight 93. in terms of american exceptionalism, i moved to this country from canada. i have never seen exceptionalism as "we are better than you," just that we are an exceptional country with exceptional backgrounds. >> not perfect but when people are hanging off wheels and a chance to get here and at the southern border for a chance to get here, to legally become an american citizen, in line, we aren't begging them, they want to be here. you will have to book me again, i can only do this -- >> sandra: brian and i are with larry kudlow at the top of the hour. [laughs] >> john: i told brian when i was on the radio with him that he would be the highlight of our day and i was not wrong. >> sorry, general jack keane. >> john: thanks, brian. the surge in covert cases is slowing as some signs suggest that the delta variant may be peaking in the united states. is that really the case? is that good news? dr. nic