topeka and kansas, gideon versus wainwright in florida, roe v. wade and texas, lawrence versus texas, sullivan was an effort by alabama to shut down free speech. miranda v. arizona, griswold versus connecticut. most of the cases that ordinary people think of as bill of rights cases are not bill of rights cases because the amendments are only about limiting the federal government. so, what kind of cases are gideon versus wainwright and texas when they are not bill of rights cases you now know enough to know the answer was cases are they. they are 14th amendment cases. no state or localities shall make or enforce any that is the second founding. a second bill of rights that is more intuitive for most americans today because the states misbehave because matheson lost. no state shall violate the senate didn't go along so he lost that fight but he wins in the end thanks to the 14th amendment and we gave madison the credit for the final amendment but it's a little bit ironic because all of this is precipitated this 14th amendment by the slave of crises and

roe v. wads decided in 1973 -- i was a law clerk to justice brennan -- but roe v. wade people assumed it was a radical left wing decision that radically changed the law on abortion in terms terms of wt had historically been. in fact that was not the case. abortion was legal throughout western civilization. it was legal at the time that the constitution was adopted. it was legal in fact until in late 19th century when it finally began to change, and abortion was illegal then in the history of the united states for only about 80 or so years between then and sprem court decision in row row. what rowe did was to basically reinstate the law with respect to choice that had been in place at the time that the constitution was adopted. now, one of the requests andy raid, would this have surprised the framers? that is in some sense an unanswerable question. on the one hand the framers themselves lived in a world in which abortion was commonplace, it was legal, had never been illegal in western history, and they simply took it for granted. never would have occurred to them there w

topeka and kansas, gideon versus wainwright in florida, roe v. wade the amendments are only about limiting the federal government. so, what kind of cases are gideon versus wainwright and texas when they are not bill of rights cases you now know enough to know the answer was cases are they. they are 14th amendment cases. no state or localities shall make or enforce any that is the second founding. a second bill of rights that is more intuitive for most americans today because the states misbehave because matheson lost. no state shall violate the senate didn't go along so he lost that fight but he wins in the end thanks to the 14th amendment and we gave madison the credit for the final amendment but it's a little bit ironic because all of this is precipitated this 14th amendment by the slave of crises and the abuse of power and madison and jefferson were charter members of that and found it a political party whose base was basically a southern base that benefited hugely in the electoral college and elsewhere from the presence because of the three fifths

board of education, roe v. wade, lawrence v. texas, none of them is a bill of rights case.

. >> justice ginsburg suggestions said that if roe v. wade, this would not have been a greater issue. >> i think marian, embassador of the vatican under president bush and justice ginsburg are correct, roe v. wade was a blunder on nationalize issues on which the states on their diverse values were resulting in different ways, in a way that evolves thinking. >> i've had the thought of reading the book that maybe the problems are not new. if you go back in time between a period that you can say the passage of the radio act of 1930 which began federal -- under the state and the repeal of the fairness doctrine in 1987 which you say in the book was warranted at least at that time as intelligent policy decision and should not be revisited. you had in this country something of what i call universal media. you had everybody listen to the radio to just a few stations, everybody went to the movies. i mean, the movie attendant, 1930, 123 million people average weekly movie attendance was 100 million every week. that's a universal medium. television in t

elect republican presidents who promised to appoint supreme court justices, who would overrule roe v. wade just to allow us to have democracy on that one issue. for 30 years we have not been allowed to vote on abortion, not 40 years. if you're going to suppress democracy in this underhanded way, yeah, you're going to have some people who are going to react. i'm not defending it, i'm just saying, that is not the same as trying to get your way on something that is decided democratically and the way our founders set it up through the constitution. john: thank you, ann coulter! >>> one area i think she's right is that the left acts like a mob when they get hysterical about climate change. a libertarian had the nerve to go to a protest and hold up a sign saying fossil fuels are good! >> excuse me. excuse me this is private property. this is mine. john: i've criticized global warming hysteria, robert kennedy jr. calls me a totey who lies. >> i think they should be in jail. i think they should be. john: i think it's the alarmists like kennedy who are part of the ignorant mob. but tyson slocumb, d

they'll remain legal in delaware even if roe v. wade is overturned. bill already passed senate. >>> texas governor greg abbott called for special legislative session to address the bathroom the bathroom of their gepder at birth. some insurance plans would be barred from abortion procedures. >> reds utility man scooterer janet became the 17 player in major league history to hit four home runs in a game. he was five for five at the plate with four home runs including a grand slam and ten rbi. just three home runs going into that game and now here's a trivia question answerd what's his name. >> scooter janet. >> scooter janet. >> yes. >> i shall remember this. >> will you really though? >> scooter janet. >> okay. >> coming up on "fox news morning" twitter users blocked by president suing administration in federal court. >> former first lady michelle obama on eping up about the country's objection with her presidency. >> a live look across the d dmv. 62. back in a moment. girls just want to have fun♪ ♪ ♪ restlessness... extreme anxiety... pacing... a cons

rights, from appointing a supreme court justice who has made clear he opposes the historic ruling in roe v. wade to trying at every turn to undermine women's access to safe, legal abortion here in the united states and abroad, to proposing a budget that would defund planned parenthood and devastate investments in women's health, i know from letters and calls and e-mails, tweets, rallies, you name it that across the country, women feel under attack because of this administration's policies and the willingness of republicans in congress to make sure they're carried out. women are worried and unfortunately they have a right to be, especially in this moment. mr. president, in a matter of days, senate republicans could bring their version of trumpcare to this floor. as many of us have said, this is the worst bill for women in a generation. it will cut off access to critical health care services at planned parenthood, our nation's largest provider of women's health care. it will allow insurance companies to go back to charging women more, and interfere with women's constitutionally protected reproduct

maintaining roe v. wade. the numbers are astronomical among democrats. another example as pastor ofnock said, where the mass people are on one set of this issue, and you have this narrow reactionary anti-people agenda that is being driven by the gop. and they have been well served by gerrymandering. we launched and mobilized against them in the session here several months ago in the general assembly to smash their bill. they go around now and they're not satisfied with every 10 years after their sentences. but whenever people are in trouble, they want to tweak the district and move democratic and african-american voters out of that district. they tried that with a bill this session. they called a surprise meeting 8:00 in the morning. almost 200 people packed into that room and they folded their that bill did not become law. there's more attention being paid to this outlandish gerrymandering and the way their controlling seats. anne has been demonstrated, it makes for polymer is politics that people don't have to come together in the middle to look for so

he's upheld the core meaning of roe v. wadend he's gone the other way on some other cases. citizens united comes to mind first. so he's at the pinnacle of his power. my understanding is he's in good health, but i'll tell you what the real concern i do have here, and that is this. we're going to talk a little about the travel ban, i know, but we see that the courts in this country right now under this trump administration are the first line and the last line of defense at the constitution. congress is not really doing its job in counteracting some of the things that are happening, but the courts have been. the appellate courts have been. we need a good strong supreme court. >> david -- >> i would like to see -- >> that's a good question. from what you know about the supreme court, that energy that we're seeing, as you mention the appellate court, in courts all across the country, the lower courts, certainly been palpable, right, that's been measurable. you can see it in their decisions. is that same energy focusing up to the sup

another statement said that roe v. wade should be settled law, that kind of thing and they watched the center of the brain to see what activity had been activated. one amazing outcome of the study was that part sops on the left and right actually have brain and this was amazing outcome of the study but the second major outcome was in looking at the centers of the brain that are lit up when we look at the statements and lo and behold the centerses were not the centers of reason, it was the centers of em ohing which makes sense. i implore you to breath through your emotions or what i would like to try to do is look at policies from the poised view of outcomes. if a policy is intended to protect jobs, no matter how that policy may feel, the way we evaluate the policy is working is whether it protects jobs. that's what i want to get to. i want to start with a little quiz which my kids at georgetown hate. you can remember mitt romney's campaign slogan? believe in america. yeah. so similar to make america great again, trying to g

abby: we were talking about roe v. wade and if you have someone new coming in, anything could happen. pete: if you voted for president trump you voted in part because of the list of supreme court justices he might nominate, he'd likely stick to that list, which would mean it would be like a gorsuch or alito or a roberts or a thomas, that fifth vote could have a huge impact on the landscape of the country. abby: the senate and the house, who knows how long that will stay, but for the time being that would have been helpful. pete: rumor worth following today. abby: keep a close eye on this. pete: coming up, more of my exclusive sit down interview with president trump. will health care get passed? how will he handle resistance from democrats. more at the top of the hour. clayton: are you ready for football? big daddy is here with super bowl champion marvin washington. drills on the plaza. my wife said, i want football to be b.ck abby: my too. i want it. clayton: we'll bring it back to you a little bit at the time. ♪ >> like yo