justice kavanaugh: yeah. mr. hellman: courts with section have all the tools they need to 1983 deal with dilatory claims, estopped claims, claims that require a stay but aren't entitled to one because the prisoner comes too late or without showing of likelihood of success. justice kavanaugh: in fact, the district court here ruled against you on that ground, right? mr. hellman: in fact, the district court ruled against us on that ground. justice kavanaugh: keep going. okay. mr. hellman: the one appellate judge that looked at it thought that we had stated a claim, but, yes -- justice kavanaugh: yeah. mr. hellman: -- the district court did rule against us on that ground. so 1983 has -- offers courts all the tools they need to deal with this. but, if you adopt their rule, then, at the start of every case, there will be a question about whether the proposed alternative is truly nonstatutory, and that gets complicated quickly for a variety of reasons, some that we raise in our brief and some of which become clear from

a lot of attention understandably on brett kavanaugh. i want to play samuel alito's answer in 2006 to the question on precedent and ask you if this was a deliberately misleading answer. have a listen. >> do you believe it is the settled law of the land? >> roe versus wade is an important precedent of the supreme court. it was decided in 1973, so it's been on the books for a long time. it has been challenged on a number of occasions, and i think that when a decision is challenged and it is reaffirmed, that strengthens its value as stare decisis for at least two reasons. first of all, the more often a decision is reaffirmed, the more people tend to rely on it, and secondly, i think stare decisis reflects the view that there is wisdom embedded in decisions that have been made by prior justices. >> justices can change their opinions over time. caroline, as you hear that answer, was that misleading? >> yeah, you know, jim, these hearings have really devofled over time as political theater. we are taught that the judicial branch is supposed to

sexual assault against kavanaugh, which kavanaugh denied, and after he assured her on the issue of abortion support of kavanaugh and later joe manchin supported him as well. she said today, if the leaked draft opinion is a final decision and this reporting is accurate, it would be completely inconsistent with what justice gorsuch and justice kavanaugh said in their hearings and in our meetings in my office. and i asked her if he misled her in any way, if kavanaugh did. she did not respond to that, saying she wants to stick to her statement. she did say she wants to move on legislation to codify a right to an abortion, but there's no path for that being approved in the 50/50 senate where 60 votes are needed to overcome a filibuster and not all democrats are onboard with changing the filibuster rules. >> and joan, let me ask you, because this is a completely unprecedented leak of a draft opinion from a supreme court of a case about to actually have a ruling, still before the court. justice roberts, the chief justice of the united states, he's very unhappy with this. he released a statement th

kennedy there went out justice kavanaugh: justice kavanaugh: -- sorry to interrupt. this was a huddle up team, which is a common coach phrase. that was not this, right? mr. katskee: no, but does the coach have to say that for the students to miss that? there is something else going on too, which gets back to government speech and the religion clause concerns. what mr. kennedy did at that october 26 game is, he ahead of time gave special permission to two legislators and some people to come onto the field to have a prayer circle with him on the 50 yard line. it was fully visible to students. and as part of the arrangement was to turn around and have one of those state legislators address the team, which he did. >> mr. kats -- katskee let me have your view on the following set of facts. a football game in this, the coach is not required at that point to go to the locker room with the students. it's not part of his duties at that time. he is allowed to remain on the field for a period of time. he is allowed to walk onto the field. he does that by himself he goes to the

i mean, that's precedent, right, brett kavanaugh?tled as a precedent of the supreme court. >> stephen: well, (bleep). we've got a great show are for you tonight. my guests are jose andres and ron howard. but when we come back, i'll break down the impact of the supreme court's decision with legal scholar and one of the hosts of "slate's political gabfest, emily bazelon. stick around, y'all. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ( applause ) >> stephen: hey, everybody, welcome back. give it up for jon batiste and stay human right there. ( applause ) jon, first of all, ladies and gentlemen, first of all, give a big happy birthday to mr. louis cato, right over there. happy birthday. 28? 28? something like that. ( applause ) now, jon, jon, i've been looking forward to talking to you because you know all i wanted to talk about tonight was the met gala. evie and i have been a few times. it's super fancy. did you have a good time. >> jon: i did. i liked that i made some best-dressed lists. >> stephen: i saw that. >> jon: i felt like it was a good escape from th

i mean, that's precedent, right, brett kavanaugh?tled as a precedent of the supreme court. >> stephen: well, (bleep). we've got a great show are for you tonight. my guests are jose andres and ron howard. but when we come back, i'll break down the impact of the supreme court's decision with legal scholar and one of the hosts of "slate's political gabfest, emily bazelon. stick around, y'all. ♪ ♪ ♪ ♪ ♪ ♪ (grandmother) thank you for taking me home. it's so far. (young woman) don't worry about it, grandma! this'll be fun. (young woman) two chocolate milkshakes, please. (grandmother) make it three. (young woman) three? (grandmother) did you get his number? (young woman) no, grandma! grandma!! (grandmother) excuse me! (young woman vo) some relationships get better with time. that's why i got a crosstrek. (avo) ninety-six percent of subaru vehicles sold in the last ten years are still on the road. (grandmother) i'm so glad you got a subaru. (young woman) i wonder who gave me the idea? (avo) love. it's what makes subaru, subaru. my a1c stayed

let's get straight to msnbc law enforcement analyst jim kavanaugh.anted to add to what we heard from governor hochul. the prince of the suspects, we are told, are distraught, and so, far cooperating. we are told that role enforcement officials are awaiting a search warrant to go into the home. the prints say the 18 year old recently legally purchased the weapons. we heard more on that from the governor. investigators are looking into where and how those ritualistic place. there was a semi automatic rifle, a hunting rifle, and a shotgun. police still processing the scene, unclear how many rounds were fired in all at this early stage of this investigation. and the feds are speaking with locals about the possibility of filing federal hate crime related charges. in addition to all of, that we also reporting from nbc's been collins. a manifesto claiming to be written by the suspect includes a shared birthday, details with the suspect originally posted to google docs on thursday night. we have senior law enforcement and be seen use telling us where aware o

when brett kavanaugh was on the d.c.senting opinion when an undocumented person who was incarcerated at the bothered needed an abortion, he was the person who did not want to allow her to get her legal access to abortion. there didn't have to be any digging around it. it was there in plain sight, and yet she's shocked, shocked at what she heard. i don't -- i don't even know what to say it's so appalling. >> yeah. let me play the other -- three of the other justices who are likely in this majority to overturn roe. this is gorsuch, kavanaugh and amy coney barrett. in their confirmation hearings. >> so a good judge will consider as precedent of the united states supreme court worthy as treatment of precedent like any other. >> and one of the important things to keep in mind about "roe v. wade" is that it has been reaffirmed many times over the past 45 years. >> roe is not a super precedent because calls for its overruling have never ceased because it doesn't mean that r o'should be overruled. >> let me play one more, samuel

doesn't sound like kavanaugh.'t sound like amy coney barrett's writing. was this somebody on the write trying to keep kavanaugh in place? wouldn't kavanaugh be more likely to be closer to roberts on an issue like this than, say, alito? >> reporter: typically. typically he would. when he first came to the court, he voted with the chief justice more than any other justice. although in the last term, he was in the majority more than any other justice. but during the oral argument, it seemed to me he was one of the roe opponents. he asked repeatedly during the argument, haven't we overturned precedent many times before? just because of the stare decisis, just because this case has been on the books for almost 50 years, isn't there still a lot of examples in the past of where we'd overturned longstanding cases? he seemed to be exploring that. i would have thought he was an opponent of roe based or not argument. joe, i think it is a plausible reading. maybe that's the reason. the fact s we just don't know. >> pete, let

the particular targets are justice barrett and brett kavanaugh within five days. going to speculate that alito writing the majority opinion. it appears there is a debate happening. take us inside the court. when you read this, and put it together, what's going on? >> so i think with the leak that came this week from politico is the more extreme one, because we actually see the draft opinion, something that, to my knowledge, has never happened. so the process is, there was an oral argument in december. the justices all voted in the conference. nobody else was allowed into the conference. take a tentative vote. the seen nor most justice then assigns the opinion to himself, herself, or whomever, here it looks like it was assigned to alito and then that draft was circulated in february for comment by the other justices. it's, of course, possible that votes change, that sometimes happens but it's extremely rare. so what this decision says, and you started with stare decisis, it's so important because this draft decision says they're going to overrule roe v. wade, plann

she thought that when brett kavanaugh and justice -- now justice gorsuch told her that they respectedas something she could depend upon. >> right. well, i mean, it's going to be up to what she wants to do about this. i mean, is it possible that the congress may move to do something else? it's possible. >> like impeachment? >> i don't know how she's going to vote. no, not like impeachment. no. >> okay, so what is your suggestion? >> what do you mean? what do you mean by that, victor, like impeachment? what do you mean? it's going to be up to her to decide, and again, i want to go back to the fact that if, in fact, the court rules this way -- >> up to her to decide what, senator? governor, what are you saying? up to her to decide what? >> if she wants to do something in federal law or whatever. i suppose there's going to be things that are going to be explored, options that will be explored. we're just going to have to wait and see how she acts on that. i'm not a fortune teller, victor. i can't tell you exactly what's going to happen here. what i can tell you, if there is no further fed

collins and lisa murkowski support the effort, after collins once said she was confident justices kavanaugh and gorsuch would not overturn roe versus wade. rachel scott live tonight with the reality check on the votes. >>> the new tornado watches up at this hour. storms from texas to kentucky. at least ten reported tornadoes in just 24 hours. and then the east bracing. the storm system then reaching the northeast by week's end. and rob marciano will time this out. >>> another deadly attack near tel aviv tonight. at least three people killed, several wounded. erielle reshef, who just rode with israeli forces fighting against this new wave of attacks, on this again tonight. >>> the flight to new york's jfk forced to turn around after what they learned about one of the pilots. >>> also news on pope francis tonight. >>> and the new white house press secretary, history made. >>> and america strong. what so many of you did for ukraine. the milestone tonight for an american company. >>> good evening and it's great to have you with us here on a thursday night. the breaking news on the johnson & joh

having kavanaugh on the court is. but the truth is we have to look ahead now, and i think what is so distressing, this is now five people in the united states of america who are now poised to take away the right of every single woman in this country, as rachel said earlier. this is something we've never seen before, this is a right that all of us have lived our entire lives been able to exercise. and that is the most fundamental right to make a decision about their pregnancy. this isn't about whether, or not you feel about abortion. it's about do you want the government to make these decisions for every single person in this country, that's what they have just done. no exceptions, as neil said, this is a devastating opinion. if this should actually come to pass, and it is going to change the lives and opportunities, of every single person in america. and it didn't happen, because the american people rose up and said, we need to make abortion illegal, it happened because the republican party has been 100% committed to

that kavanaugh was being put on the court to overturn roe v.s what president trump said that's he was doing. but somehow, susan collins was convinced by this charade. and voted to confirm him. and now we see, apparently, what the results are. >> jennifer, i don't know exactly what was said behind closed doors between justice kavanaugh and senator susan collins. but his testimony right there, he did not say i will never vote to overturn roe v. wade. he just said that precedent is important. and precedent upon precedent is even more important. >> right, which means absolutely nothing. the impression sa dent of the supreme court is the precedent of the supreme court until it decides it's not. they said something that you can point to that is actually technically a lie or perjury or anything like that. what they really did is say a whole lot of nothing which is what you have to do to get through these hearings. >> berman, i don't know if you recognize, but all of these nominees are lawyers. and lawyers know how to use words in careful ways so that

that is justice kavanaugh. today it has become increasingly clear that despite these statements to the contrary, the three justices nominated by trump were hired specifically to overturn roe v. wade. and with justice alito at the helm, nominated by president george w. bush, that is precisely what it appears they are set to do. four justices, all appointed by presidents who lost the popular vote. is it any wonder why americans all over our country are losing faith in their democracy? well, you know what i believe, madam president -- if republicans can end the filibuster to install right wing justices nominated by presidents who lost the popular vote in order to overturn roe v. wade, democrats can and must end the filibuster to make abortion legal and safe. let's be clear. if the supreme court strikes down roe v. wade, abortion bans will immediately go into effect in 22 states throughout america, with four others likely to follow suit. in ten of these states it will be illegal to have an abortion even in cases of

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here is justice kavanaugh, and you did some of the questioning, in his confirmation hearing.supreme court entitled to respect under principles of star indecisiveness. and one of the important things to keep in mind about roe v. wade is that it has been reaffirmed many times. >> bret: entasis from from senator susan collins this week. if this leaked draft opinion is the final decision on this reporting is accurate, it would be completely inconsistent with what justice gorsuch and justice kavanaugh said in their hearings and in our meetings in my office. what do you say to that? >> senator graham: well, you cut off my question, because i asked judge kavanaugh, would you consider challenges to roe v. wade, would you listen to both sides? would apply the doctrine of starry to sizes, but the party -- this has not been well accepted by the public. the public has been divided since 1973. ask your next guest, who is a good friend, does he want the court to reconsider citizens versus united regarding campaign finance laws? what he welcomed a revisiting of the heller decision where the

chief justice john roberts and justice brett kavanaugh over the weekend. joining me now is the heritage foundation president, kevin roberts. kevin, thanks very much for being here. and jen psaki was asked about this. she said, look, i don't know where they protest. i don't care where they protest. it's just it has to be peaceful. your reaction. >> well, it's deplorable, maria. this is just something that stands in contrast to the biden administration calling peaceful parents at school boards domestic terrorists. if i've ever seen domestic terrorists in the last week it's certainly not parents at school board meetings but the knuckle heads at the justice's homes. justice alito had to be he removed to an undisclosed location. as i sit here with you, me, a pro lifer, i would never want my friends, associates and families doing this to the justices that support abortion. it violates safety. think of what they've had to put up for several months, intimidation and harassment by

four other conservative justices, clarence thomas, neil gorsuch, brett kavanaugh, and amy comey barrett majority. it's not clear whether roberts would have aloud the mississippe mississippi law to stand without overturning roe over whether he joined the three liberals. if the draft holds, it would represent a triumph of the antiabortion movement which has marched for life every year since the court's landmark 1973 decision that abortion was a constitutional right that states could not ban. the court in 1992 was one vote away from overturning roe. over the next 30 years, that goal was a republican campaign promise. with justice clarence thomas on record opposing roe, from george w. bush nominated alito. a decade later after the death of justice antonin scalia, then- majority leader mitch mcconnell blocked president obama from filling the seat, giving former president trump the opportunity to nominate gorsuch, and later kavanaugh and barrett. like with every other supreme court confirmation hearing since roe, all were pressed for their view. >> "roe v wade" is an important precedent of th

of course, they'll line eyes the women who galvanized the kavanaugh protest. the truth is she's another fanatic in the educational establishment. the woman is actually a teacher. the white house dragged its feet for days but finally put out a the i had statement they support the right to protest but judges should be able to perform their jobs without concern for their safety. no kidding. talk about stating the obvious. a tweet? that's it? imagine if every time conservatives were offended by a supreme court opinion, there were a lot of them over the last, you know, 20, 30 years, imagine if conservative activists showed up at ruth bader ginsburg's apartment at the water gate screaming nasty things of her accusing things at her or maybe at alaina kagan's place. they would be called domestic

kavanaugh and gorsuch possibly broke -- on roe v. wade. if this reporting is accurate, it would be completely inaccurate with what gorsuch and kavanaugh said in their hearings. in my office, she said we do not know what each justice's decision reasoning is until the supreme court officially releases its announcement. these are conversations prior to their nomination hearings, correct? mr. stohr: that is correct. she said in conversations she had with them privately and in their public testimonies, it was -- her public testimony was that they both said that roe is a precedent. they didn't say settled law. it is a president of the court, is what they said, which is a different thing. they said it was entitled to respect as a precedent of the court, and people talk about casey as a precedent on a precedent. it may be that they said something more to her privately and perhaps she will reveal that. >> let's hear from cornelia in new jersey on the republican line. >> hi. thank you for taking my call. i sympathize with girls and women that have b

kavanaugh, amy coney barrett.f the federal society their positions on abortion were mel known before they had the conversation with the senator. before they went before the senate hearing. they have shown us what they would do. other republicans on the senate confirmation hearing and within the senate itself refuse to accept what they had demonstrated and they embrace them. for that very reason. because they had a commitment to over turning roe v wade and we're at the day a lot sooner than any of us thought we would be. as shocked as we are, we are not surprised. >> of course chief justice john roberts calls this egregious breech and will launch an investigation into who was behind the leaking of the draft opinion. what's your reaction to the actual leaking of the document and how extensive will the investigation likely be to find who is responsible for the leak? >> the response has been astonishment. to see something that should be kept in secret should be completely confidential until the decision is finalized a

dustin kavanaugh said in their hearings and in our meetings in my office. what you say to that? >> well, you cut off my question because i asked judge kavanaugh would you consider challenges to roe v wade? would you listen to both sides? would you apply the doctrine but would you shut the party trying to overturn the decision out? this has not been well accepted by the public for the public has been divided since 1973. ask your next guest who is a good friend does he want the court to reconsider citizens versus united versus campaign finance laws when he welcome a revisiting of the heller decision where the courts of the second amendment was a personal right? right liberal friends do not mind the port overturning decisions i don't like. they very much are against overturning decisions they agree with. so you cannot bargain your way into getting onto the court. so any senator who tries to bargain with the nominate where you uphold the case i like and overturn the one i don't is doing a disservice to the port. bret: again i'm going back to politics but senate minority leader mitch

she is the author of supreme ambition, brett kavanaugh and the conservative takeover.s the form of this first draft of the roe v. wade overturning roe v. wade. >> this draft plus -- lawrence thank you for giving the title for the next book. i think it's going to have to be mission accomplished. because that is what we're witnessing. and i think one thing that's really important to point out. you've had so many guests say so many important things about the draft abortion ruling and when the court is heading there. but one thing that's important for your viewers to know is that it's not just abortion. this is a court that has shown that muscular willingness of this really radicalized supermajority now there are six. not five conservative justices. to transform the law simply because it has the votes. in area after area and what i would say to senator murkowski. is brace yourself, brace for self on a whole bunch of things that maybe are not as important to you as abortion but gun rights, on the ability of federal agencies to issue regulations. on the separation of church

brett kavanaugh is part of this decision.s guy was investigated for like four seconds by the fbi for a credible accusation of assault. you've been one of the senators who said that it was an inadequate investigation. were these people even properly vetted for lifetime seats on the court and i mean him specifically? >> brett kavanaugh was not properly vetted and we pretty well know it. we know that the fbi was not allowed to do a proper supplemental background investigation once this charge was raised. we know that the fbi very unusually became impervious to information. it was repelling people who were trying to bring it information about brett kavanaugh, and we know that when they finally had to give in and accept information they did that through a tip line and that the tip line violated the fbi's own tip line procedures and instead of being sent for investigation was sent to the white house for presumably a decent burial, so everything about the supplemental bi into dr. ford's basic allegations was tanked by the fbi which

that's what the republicans did when they confirmed justice kavanaugh. the politicians who served in congress don't care about the fact the justice's lives are threatened as long as they try to get their way. the only path forward is not backing down and standing tall. there is a report out that there is still a majority to overturn roe v. wade. we are one of 7 nations that supports abortion on demand past 20 weeks. it puts us in the same category as china and north korea. that says everything about america and our values in my opinion. steve: you could make another list of things they were pushing for. this agency to police speech, one thing after another, the way they brand their political opponents enemies of the state. pelosi said that. there is no question about it. >> i think a lot of it has to do with they feel power slipping away. the way to understand the left is all they care about is power. power is their religion. they don't believe in god. they don't believe in families. their religion is power. when they feel it slipping away, that's why we

we all knew this was why kavanaugh got himself onto trump's short list.s was how amy coney barrett got on the short list. donald trump's short list was expressly people who would overturn roe v. wade, so the idea that your shock now is a little difficult, it does raise the question what are these senators prepared to do about it because there is federal legislation, it has been blocked in the senate. there are things that these shocked senators could do tomorrow if they genuinely believe they've been lied to and misled, in addition to a conversation we need to have about court reform that has not gotten much traction in the congress. rather than be shocked and awed, i think it's time to hear from the people who feel they have been betrayed, and like claire i also feel my blood pressure ticking up by the minute over the betrayal, but there are things to be done beyond just saying they lied to me. >> so josh, i want to come back to the reporting. i mean, the reporting in and of itself about the way that the court is ruling, i guess in hindsight is only half

and then, of course, she supported brett kavanaugh. federalist society, fund-raisers and many other ways that are pretty shocking to a lot of people in maine. and yet, she won by nine points. at the end of the day, abortion seemed to play no part in that race. what have you found about how some of these supreme court battles have played out in the past? and how do you think the ending of roe will play out in the future? >> that's such a good point, because we've had abortion battles for years and years now. we've always had roe as the fundamental sort of umbrella. and now that is actually gone. i don't know that we can take those past lessons and apply them to the upcoming elections. and so, i do think that is a really important thing to remember. we are really into new uncharted territory, that it's dangerous to make assumptions about past precedent. at the same time, we know when it comes to the issue of abortion, it's much more complicated than it looks like on paper. the idea of overturning roe is very unpopular. but when you scrat

this is outside brett kavanaugh's house. ♪ ♪ [indistinct] >> tucker: brett kavanaugh as a supreme courtman, husband, father. he lives in a normal neighborhood outside of d.c., doesn't have a wall around the house. more to the point, his two daughters are home. imagine what it must've been like inside the house if you are brett kavanaugh or his wife or his daughters. the people outside didn't care, the woman who organized that protest outside of his house lives right down the street apparently. she is a deeply unhappy individual. bringing the mob to his house for a very specific reason, because she wants brett kavanaugh to change his views and support roe v. wade. she was intimidating a federal judge. it could not be clearer. and yet she was not arrested, not even schooled it. instead she was rewarded. she got a glowing profile in "the washington post." so once again, and effect, our leaders in washington set a very clear message to the mob as they did for blm. do what you want, we are in your side. it is not like you are insurrectionist. so the mob did. look what the mob did to this chr

justice kavanaugh? >> i have a couple. back to the structure of how this works out, the government relies on the regulatory text before 1997 and says that was incorporated into the statutory text and say the long-standing regulatory text to describe the scope of clear and unmistakable error reviewed by reference to the legal understandings that existed when the prior decision was rendered. i assume your response to that is the regulatory text is not lifted word for word into the statutory text, or am i misunderstanding? >> that's part one of my answer, is that it wasn't lifted into the statutory text. part two of my aunt is even if it had been it did not function as an exclusion of things that otherwise would of been cue and say these are no longer cue. it instead .2 different remedy. >> and on the office of general counsel opinion we covered that but you think it is wrong? >> in 19941, yes. and also congress did not initiate any awareness of it. >> on the congress awareness point, is are evident in the 115th congress thou

protesters outside the homes of chief justice john roberts and justice brett kavanaugh. and tonight, what the republican leader in the senate is now saying about a federal abortion ban next, if roe versus wade is overturned. >>> more than a dozen fires burning tonight. the red flag warn ings from nevada to oklahoma. thousands forced to evacuation. >>> grim discoveries in lake made. another body found. >>> the critical shortage tonight of baby formula. supply chain issues and the major voluntary recall. >>> and there's news coming in tonight on queen elizabeth. what she is now skipping tomorrow for the first time in nearly 60 years. and who is stepping in. >>> good evening and it's great to start another week with all of you at home. and we begin tonight with the breaking news. the dramatic capture in the nationwide manhunt for an escaped murder suspect and the former corrections officer accused of having a relationship with him and helping him escape. the two on the run for 11 days across several state, found, chased, and then captured. the murder suspect, casey white, i

even though kavanaugh and gorsuch called ro ed roe the la the hand during their confirmation hearings. >> that's the law of the land, i accept the law of the land, senator, yes. >> senator susan collins, who voted in support of gorsuch and kavanaugh, said today in a statement the draft opinion was completely inconsistent with what justice gorsuch and justice kavanaugh said in their hearings and in our meetings in my office. president biden called the draft decision radical, and echoed concerns that this decision could serve as a template for limiting other individual rights previously recognized by the court, like same-sex marriage and access to contraception. >> if the rationale of the decision as released were to be sustained, a whole range of rights are in question. >> reporter: but in the wake of this draft opinion, democrats are vowing to fight to protect abortion rights. >> we'll go down as an abomi abomination. one of the worst, most damaging decisions in modern history. >> we could pass a law to protect every woman's right to an abortion and we should do that. >> if this turns

. >> reporter: justice brett kavanaugh was even more specific. >> one of the important things to keep in mind about roe v. wade is that it has been reaffirmed many times over the past 45 years. >> reporter: senator susan collins of maine, a supporter of abortion rights, was a critical republican vote for kavanaugh and justice neil gorsuch, but today, in a statement, she says they may have deceived her. "if this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what justice gorsuch and justice kavanaugh said in their hearings and in our meetings in my office." today, a spokesperson for the supreme court confirmed that alito's draft opinion is authentic, but added that it "does not represent a decision by the court or the final position of any member." but outside, at the steps of the court, it felt like the deed had already been done. she might grow up in a country without the choice. >> yeah. >> reporter: what do you think about that? >> it's horrible. it's so depressing. it's shocking. i can't believe it. and it makes

the land, senator, yes. >> reporter: senator susan collins, who voted in support of gorsuch and kavanaugh, said today in a statement the draft opinion was completely inconsistent with what justice gorsuch and justice kavanaugh said in their hearings and in our meetings in my office. president biden called the draft decision radical and echoed concerns that this decision could serve as a template for limiting other individual rights previously recognized by the court, like same-sex marriage and access to contraception. >> if the rationale of the decision as released were to be sustained, a whole range of rights are in question. >> reporter: but in the wake of this draft opinion, democrats are vowing to fight to protect abortion rights. >> we'll go down as an abomination, one of the worst, most damaging decisions in modern history. >> we could pass a law to protect every woman's right to an abortion, and we should do that. >> if this turns out to be the opinion of the court and it's issued, it could have a major impact on the outcome of the selection. >> reporter: republicans are condemning

they pounded on the front door in order to disrupt kavanaugh's nomination and more recently they followedator kyrsten sinema into a bathroom and filled her going into a stall because she would not kill the filibuster. now they later also took their kayaks out and they went over to joe manchin's house boat because he wouldn't support build back broke america. and while this far left brand of political intimidation rarely works, democrats, they just can't seem to help themselves. but don't worry, there will never be an investigation into this. take a look. >> you cannot be civil with a political party that wants to destroy what you stand for, what you care about. >> i like to debate this gentleman, no, if we were in high school i would take him behind the gym and beat the speed 24 out of 10. >> take the plunge. you got to be ready to throw a punch. >> you tell them they are not welcome. >> take note they are not going to let up and they should not. >> i want to tell you, gorsuch, i want to tell you, kavanaugh, you have released the whirlwind and you will pay the price. >> get up in the face

senator murkowski today also suggested gorsuch and kavanaugh perhaps hadn't been completely honest. the comment was if in fact this draft is where the court ends up being, the words that i used is, it has rocked my confidence in the court. and that is because i think there was some representations made with regards to precedent, unquote. for years, it seemed obvious this day would come and in fact was being planned by republicans for decades. many anti-abortion activists and politicians have been quite clear about this plan. but even president trump, who more than any other single american with the possible exception of senator mitch mcconnell is responsible for this moment, trump when it came to talking to voters downplayed what seemed to be in the cards in the 2020 presidential debate. >> the point is that the president also is opposed to roe v. wade. that's on the ballot as well. and the court, in the court. and so that's also at stake right now. and so the election is all -- >> you don't know it's on the ballot. why is it on the ballot? it's not on the ballot. >> it's on the bal

>> jim kavanaugh no, can you hear me? >> >> all right, jim kavanaugh is one of our analysts here. retired atf special agent in charge. former hostage negotiator for the atf. jim kafanov, can you hear me? jim >> yeah, richard you've got me here. >> perfect, we can now hear you jim. you know, we have been in these situations before, jim, and we are getting varying pieces of mid information. one of the suspect was killed. now we are hearing that he is in custody. when you know and what do you hearing because i know you also have your own sources they're both in the local level as well as on the federal level. >> you know, for all preliminary indications, everything has not been verified yet by nbc news, but the preliminary envy indications coming out is that this is a vicious hate crime. i mean this guy is reported to have white supremacist markings on his rifle. you know that can mean a lot of things they use a lot of different symbols. for example aged thc means hail hitler but there are a lot of different symbols of white supremacy. but something is in on the rightful indicating t

this is something that brett kavanaugh said was precedent upon precedent. now, if this report is accurate, that would be precedent upon precedent would be overturned and the reality has political ramifications, not only for the court, not only for the midterms, but for basic consensuses that it existed. this is not simply going to be deinvolv devolved that people said let's take it off the culture menu. some republican senators are talking about a heart beat bill that would trying to nationalize a ban on abortion the past six weeks. this is going to inflame the culture wars, massive implica implications, a position that's unpopular. 20% of americans say they should ban abortion entirely in this country. watch out. this is going to be fuel on the fire unfortunately. >> we know what the justices, at least when they were nominees what they said during their confirmation hearings, that don't jive with what they're saying now. would this have happened without the three justices, and weigh in on what they said in the confirmation hearings as well. >> absolutely n