but as justice sotomayor said, it simply cannot be the case.ugh, five justices say they think it is. it cannot be the case that the state can pass a flagrantly unconstitutional law, unless and until roe v. wade is formally overturned, and then avoid any judicial review by deputizing strangers, total strangers. and they don't have to be texans. they can be from california. they can be from france. the law clearly allows anyone on the planet earth to come into texas court during, as you say, that four-year period after an apportion and get $10,000 from anyone, friend, a neighbor, the exlover, the uber driver, the person who funded the abortion, anybody who was involved in the abortion, unless somehow the evidence is accumulated that there was no heartbeat. there is not only stunning, it is abominable. it's breathtaking. and i'm hopeful that even though we know this court does not mean that roe v. wade should stand, that maybe one of the five justices in a lawsuit that attacks specifically the bounty hunting aspect by preventing officers of courts

justice sotomayor had it exactly right.arly sleeve years, fugitive slave laws were enforced, by bounty hunters. they went out and sought to return, even freed slaves, to their so-called owners. to collect a bounty. so it has a kind of ugly dark history. but, as justice sotomayor said, it simply cannot be the case. although five justices say that they think it is. it cannot be the case, that the state can pass a flagrantly unconstitutional law, constitutional lesson until roe v. wade is formally overturned. and then, avoid any judicial review, by deputizing strangers, total strangers, and they don't have to be texans. they can be from california, from france, the law clearly allows anyone on the planet earth, to come in to texas core, during as you say, that four year period after an abortion, and get $10, 000, from anybody, friend, neighbor, the ex lover of the uber driver, the person who funded the abortion, anybody who is involved in the abortion, unless somehow, the evidence has accumulated that there was no heartbeat. t

believe in archaic rule should be used to allow us to put our heads in the sand to use justice sotomayor's words to put our heads in the sand and not take action on the important issues. >> what are democrats going to do? they're pissed off, right? nothing like ticking them off with something like this and that's going to translate, they would think, and they're going to try to optimize that to votes. >> yeah. and what you're speaking to is i think a real political miscalculation by republicans to do this right before midterms. you're taking away a huge wedge issue. you're mobilizing democrats at a time where believe me they need to be mobilized, right? we know these mid term elections can really favor the party out

it's a stunning day i think as justice sotomayor said in dissent. >> and harry, do you think there's any possibility because there will be a groundswell over this, do you think that the democrats could push to expand the u.s. supreme court on the basis of this? because it does threaten roe versus waud as you pointed out. >> yeah. so that just, rosemary, invokes a whole big set of consideration sxiz do think at the end of the day it's tun likely that 50 members of the congress would want to make really fundamental changes to the supreme court. they might try to put in legal remedies and even that would be by a razor-thin margin. i think federal legislation is hard here and what you're going to want to happen is figure oupt a way to get a challenge to this statute. the court didn't say that couldn't happen, just that it can't happen now and then have it decided on the merits. in the meantime, thousands of young women in texas will be deprived of their clear constitutional rights to have previability abortions. >> it has shocked women across the country and indeed across the world. harr

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 outside of clinics documenting license plates, taking pictures of people going into clini

but justice sotomayor and chief justis john roberts did not join each other. there were four dissenting justices but they were not united in their dissent. they clearly had different views on what was going on, even as they dissent, you know, agreed that the -- that the justices were not going in the right direction. >> there was a lot of back and forth, especially during the most recent appointments to the supreme court under former president trump about what they believed whether it came to roe v. wade. i want to play some sound where the justices stand on this. >> 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. i understand the importance of the issue. >> roe v. wade decided in 1973. the president of the united states supreme court, it has been reaffirmed. the reliance interest considerations are important there. >> i can't express views on cases or precommit to approaching a case any particular way. >> there was a lot of gray there. right? but now we know where they stand when

. >>> with days to go before a new term in the supreme court, sonia sotomayor with comments on what isto meetings. errands. now i'm running for me. i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ there was a dream ♪ ♪ and one day i could see it ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com carl lost his gig as a hand model during a bizarre hitchhiking incident. [ thud ] aah! it's over. but with amerisave's great rates, he can save money while he looks for foot-modeling gigs. and that's something he can give a big thumbs-up to. see how much you could save at amerisave.com. >>> a deeply personal revelation from democratic congresswoman cori bush of missouri telling "vanity fair" that she underwent an abortion at the age of 17 after being raped. bush is set to tell her story publicly at a congressional hearing on reproductive rights. abigail tracy, national political reporter for "va"vani fa fair". talk to me why she ch

la corte en su decisiÓn, aunque los 4 jueces liberales se opusieron entre ellos la latina sonia sotomayorotro estado para buscar servicios. >>> esta ley es una las mÁs struk estÁs en el paÍs, prohibe interrumpir un embarazo, castiga a quien intenta ayudar a una mujer a obtener un aborto y no incluye excepciÓn en caso de violaciÓn o incesto. >>> no solo decir ya no lo vamos a hacer, si no que pasar estas leyes y escoger vidas, es los frutos que se espera. >>> presidente biden dijo que pedÍa a su gobierno que buscara manera legales de proteger a mujeres que buscan el aborto a pesar de esta ley. >>> la corte suprema se prepara para escuchar otro caso de 125 de misisipi que busca prohibir el aborto despuÉs de 15 semanas de embarazo. >>> gracias randy, pausa, expertos de la salud detectan una nueva variante de coronavirus, le decimos mÁs. y la auto mo motriz general motors suspenderÁ varias plantas en estados unidos. ( comerciales ). vamos a ver las cifras mÁs actuales en coronavirus. alÁ fecha mÁs de 4 millones 200 mil casos de covid-19 en el estado, en los cuales 10 mil hoy jueveses, hay 47

justice sonia sotomayor said it made them look like bounty hunters. some are saying that is the provision of the law that is going to end up having it taken out at some point by the supreme court. what do you think? >> well, and justice sonia sotomayor, who is another one of my heroes, in addition to the late justice ruth bader ginsburg, called it unconstitutional. and it is unique. reportedly this ban on abortion is unusual and was suggested by a law clerk to former and late justice scalia, whom we know was very extreme and anti-choice. so there's going to be a lot of litigation about it. there was a temporary injunction issued in a lawsuit yesterday that planned parent hood brought against right to life in texas, but that's a very narrow ruling. it's a temporary injunction that will last two weeks, and then we'll see what happens. but the idea that any stranger could sue an uber driver or a lyft driver or anyone who they say is aiding and abetting a woman they don't even know to get an abortion is -- it will have a chilling effect. >> what if that w

>> justice sonya maria sotomayor, she wrote the dissent.y women's rights to choose. sonya from the block wrote her name. her dissent will stand for posterity of the shamelessness with which her colleagues acted. at the end of the day people like brett kavanaugh and amy coney barrett will be remembered as deplorable hurdles on the path towards justice in this nation. whereas people like sonia sotomayor will be remembered as a person who in real time saw the evil and did what she could to fight against it. i think she won the week because they are decision will stand much longer than these texas anti-abortion wing nuts. >> this is going to go down the dred scott road in terms of their reputation. i needed off the news entertainment to keep me sane during this madness. i am pickingnia decosta. she became this week with 22 million in the bank from august 27 to 29 for her film "candyman." the first woman black director at number one. thank you guys very much. that's tonight's "reidout." "all in" with chris hayes starts right now. >>> tonight on

. >>> coming up for us, justice sonia sotomayor's blunt warning days before a new supreme court termcken panini with extra hot sauce. tonight, i'll be eating salmon sushi with a japanese jiggly cheesecake. (doorbell rings) jolly good. fire. (horse neighing) elton: nas? yeah? spare a pound? what? you know, bones, shillings, lolly? lolly? bangers and mash? i'm... i'm sorry? i don't have any money. you don't look broke. elton: my rocket is skint! >>> days for the supreme court begins its new term, justice sonia sotomayor is making headlines with a warning to an audience of law students. the justice said, quote, there is going to be a lot of disappointment in the law, a huge amount, she says. this comes after the deeply divided high court allowed a texas law banning most abortions to remain in effect and also in much bigger abortion case is about to be considered by justices this term. joining me now former med ral prosecutor jeffrey toobin. jeffrey, what did you think of this kind of public warning coming from the justice? >> it's unusual for a justice to talk that way. they sometimes s

tres jueces nombrados por el presidente donald trump y cuatro en contra, la ex magistrada sonia sotomayors deliberados de los refugios, pero en 4800 de los casos no hubo respuesta. sasha: nuestro nÚmero del dÍa es 500,000, esta es la cantidad de niÑos que dan positivo al covid 19 en el paÍs entre el cinco y el 26 de agosto, esto segÚn a la academia americana de pediatrÍa. por lo que expertos recomiendan el uso de mascarillas en las escuelas. carolina: y asÍ continÚan celebrando los talibanes o victoria, un desfile en el que exhiben las armas militares, las imÁgenes son de una ciudad al sur de afganistÁn. sasha: y escucha esto, al volver conoceremos una crema que revierte los signos de la edad, un experto nos habla mÁs al respecto. al comenzar el año escolar, nuestra prioridad es la seguridad de los estudiantes. gracias al gobernador newsom, el presupuesto estatal destaca fondos sin precedentes para escuelas pre-kinder al doceavo y universidades comunitarias- con inversiones para la salud mental y emocional, recursos para emplear más enfermeras y consejeros, y su plan expande el pre-kinder

justice sonia sotomayor wrote a scathing dissent. the court's order stunning, a flagrantly unconstitutional law designed to prohibit women from exercising their constitutional rights and evade judicial scrutiny? a majority of justices opted to bury their heads in the sand. sotomayor also describes the texas law like this. quote, in effect the texas legislature has deputized the state's citizens as bounty hunters. offering them cash prizes for civilly prosecuting their neighbors' medical procedures. the biden administration also slamming the court's decision in a statement saying this, quote, the supreme court's ruling overnight is an unprecedented assault on a woman's constitutional rights under roe v. wade, which has been the law of the land for almost 50 years. for the majority to do this without a hearing, without the benefit of an opinion from a court below and without due consideration of the issues insults the rule of law and the rights of all americans to seek redress from our courts. the president also promising a, quote, who

yes, justice sotomayor thank you. she is 1000 percent right.you can't have offer this is a precedent for any state that wants to curtail constitutional rights with private enforcement. think about this. oh here's the new cheat code. just structurally this, way and you can deny any constitutional right you want. window and judge relief, whoops ease. it cannot be the case, that you structurally this way, that no one can prevented. keep in, mind texas lawmakers who wrote this bill, they are all members of the republican establishment in good standing. these are folks that get probably at&t, united health, over $100,000 to them. seems it will be a lot easier for lawmakers and other led states to copy and paste the texas abortion law. before there's ever a ruling on the one in mississippi. you know the ruling, and they do the supreme court re-of arguments and briefs, in a recent decision. you know. why do that, when you can just do this cheap card trick, to take away women's right to choose? if this is going to be the way this goes down, there is no

believe an archaic rule should be used to allow us to put our heads in the sand, to use justice sotomayor's words, to put our heads in the sand and not take action on the important issues. >> abortion one of them, right. that's another one where you would need to breakthrough that. listen, you do have more senators, the number you need to get through this. is that becoming at least more real of a possibility to break filibuster? >> yeah, i think the texas abortion bill has really just pushed people to the edge, right. if voting rights wasn't enough to support the filibuster or climate change or police reform, the fact women's bodies are on the line, these are women who can vote. will that be enough? i think senator klobuchar is pointing to the fact people are tired and they're tired of being told that nothing can be done because of the filibuster. so i think that you will find even more support for eliminating the filibuster. and we know that speaker pelosi has this build the women's health protection act which she wants to beedebate and wants to vote on. the chances of passing in the senat

just read sotomayor's dissent that four agreed with. this was a way, a trick.trying to take it out of the state's hands so somehow they could overrule 50 years of constitutional precedent. i can't wait for cavanaugh's precedent. they blew it up on religious freedom a few months ago. this is all about situational precedent for the far right. they've gone too far on this. there will be huge political ramifications for private bounty police going after women who want to terminate a pregnancy as soon as they find out they're pregnant, which many times is after six weeks. >> the president is not the ultimate -- the decision of constitutionally sound or not, roe isn't. people agree with the policy, that's fine, that's their right, but the supreme court shouldn't illegitimately with no constitutional warrant keep this debate from happening. if roe weren't on the books, texas would have restriction on the abortions. it would be simpler. it is a bad supreme court decision that's the problem. i hope the court overturns it, not sure it will, but it will be eroded and that

but it is worth noting sotomayor is different from the other liberals, kagan and biden.em to be working at containing damage, she's looking to the future and she's hoping that these dissent she's writes now will become her majority opinions. >> very briefly chances that roe v. wade is overturned. >> it looks like it may be gutted or cutback. >> thank you very much. >>> coming up next, new subpoenas in the riot, the investigation into the riot at the capitol. lawmakers targeting the organizers behind the so-called stop the steal rally. i'll speak one on one with an organizer next. (man) i've made progress with my mental health. so when i started having unintentional body movements called tardive dyskinesia... ... i ignored them. but when the movements in my hands and feet started throwing me off at work... i finally had to say, 'it's not ok.' it was time to talk to my doctor about austedo. she said that austedo helps reduce td movements in adults... ...while i continue with most of my mental health medications. (vo) austedo can cause depression, suicidal thoughts, or acti

joined and justice sotomayor said this was stunning. the court had failed to respect the constitutional rights of women and said that the court was not respecting its own precedent or its own process. so really an extraordinary night that will have reverberations not just in texas but in the entire country as many other conservative-controlled states are very likely to follow the example of texas in setting up this kind of intricate trap that allows the court to ban abortion, 85% of abortions, without even really having a full hearing about it. >> and you say this is donald trump's legacy. obviously you're referring to the former president putting three justices on the supreme court. of course, i think that reminds almost everyone about senator susan collins and what she had said about roe versus wade. but let's remember what susan collins said about what she thought the future of it was going to be. >> i do not believe that brett kavanaugh will overturn -- >> his precedentsover turned. >> he noted that roe had been reaffirmed 19 years

if you contrast what breyer did as compared to sotomayor when it came to the abortion ban, it was veryrovide judgment that actually met the world in the 21st century. and that is what probably is lacking in the fbi is looking at their statistics and saying who is at the table making the decisions. because if it was a young woman speaking to another woman, you better believe that woman would have said let's investigate a little further. >> i think sonia sotomayor needs to get the reverence rbg got. i'll give you the last word on this, mtk. i have to get your comments on the weird obsession at fox news over aoc. they're like freaking out because she wore this dress that on the back said "tax the dress." i think they're obsessed with looking at her rear ending. they seem to be staring at her in a very creepy way. >> you get aoc to get a free dinner at $30,000 and says, by the way, tax the rich. she did -- deployed what a program always does, we meet the messenger where they are and meet the audience where they are. she went into that and said tax the rich because this is absurd. if no one

and this part, there were several dissents but this one is written by justice sonia sotomayor joinedstice stone breyer and justice kagan. they write, the court's order is stunning presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional right and 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 ruled on this emergency application from clinics. so, sotomayor goes on to say, last night, the court silently acquiesced in the state's enactment of a law that flouts nearly 50 years of federal press precedence. today, it declined to grant relief because of procedural complexities of the state's own invention. so, we're still reading through it. but this is a very strong dissent from the liberals here. >> i want to ask you because all three of trump's picks, including the -- the last on

justice sonia sotomayor stunning and saying presented with an application to enjoin a flagrantly unconstitutional law engineered to prohib built women from exercising their constitutional rights and evade scoop louseness, a justices buried their head in the sand. he is aware of the impact and would hold the status quo as far as the abortion clinics in texas, they are remaining open. they are accepting patients at this time but not providing abortions after six weeks. overnight one of the leaders of those clinics wrote she is devastated by the court's decision. >> devin, thank you. terry moran who also covers the courts said this, roe versus wade is functionally dead. it has not been formally overruled but has no effect in texas. and if texas can do this, so can other states. more analysis of the supreme court's decision and reaction on our website, abcnews.com. >>> new details about a deadly school shooting in north carolina wednesday. the second school shooting this week in that state. police say a student die the after being shot at a high school in winston-salem. the manhunt ended with the sus

but it was justice sotomayor blasted her colleagues. is a breathtaking act of defiance, correct, of the constitution of this court's precedence and of the rights of women seeking abortions throughout texas. in effect, the texas legislature has deputized the state's citizens as bounty hunters offering them cash prizes for civilly prosecuting their neighbor's medical procedures. 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 the rule of law. yes justice sotomayor. thank you. she is 1,000% right. you can't have offer this as a precedent for any state that wants to curtail constitutional rights through private enforcement. right? think about this. oh, here is the new cheat code. just structure a law this way and you can deny any constitution gnat right without no right? bhoopsys. you can't structure a law this way no one can do anything, courts can't review it. keep in mind the texas lawmakers who wrote this bill, they're all mem

chief justice john roberts joined the three democratic appointees in her dissent, justice sonia sotomayortunning she says the law defies 50 years of federal precedence. >>> two paramedics and three police officers will face charges in the death of elijah mcclain. the young, unarmed black man was put in a choke hold and injected with a powerful sedative gabe gutierrez has the latest. >> give us more units. we're fighting him. >> reporter: police officers and paramedics in aurora, colorado, are facing criminal charges after stopping 23-year-old elijah mcclain while he walked home from a convenience store. >> we're here today because elijah mcclain is not here and he should be. >> reporter: police had gotten a call about a suspicious man wearing a mask. >> i'm an introvert. >> reporter: they restrained him with a carotid hold. now a 32-count indictment. two officers, former officer and two paramedics each face a count of manslaughter and criminally negligent homicide four of the five also face assault charges. mcclain's family described him as a kind introvert, who played his violin to comfo

and i don't really think justice sotomayor is either. there have been a number of unanimous decisions last 20 years protecting free exercise. the muslim beard in prison. and a group in new mexico using a drug in their service was unanimous. it is not that the linebacker rails are opposed to free exercise. they have other values they care about more. to some extent the republicans do, too it is just a different list. so the liberals all dissented in the could not essential -- contraception cases but the case about the gay rights group in a st. patrick's day parade was unanimous. but the, in the gay rights cased i expected to get dissent from kagan, sotomayor and brier and we didn't. i think principally because roberts wrote it so narrowly that tease facts will never araise again and philadelphia can obviously fix it on remand. they can draft something exemption free and tee up whether to overrule smith. but there are some much broader things in the opinion that they didn't object to including the compelling interest, not imposing their pw

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 clinic 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. the fact is that there's conservative majority on the bench. former president donald trump was able to appoint three justices to the bench and all three 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 covered the supreme court for years for us. and for decades, this has been a theoretical argument. this 5-4 ruling overnight. chief justice john roberts, a conservative himself, s

government and philanthropy including : powell in current associate justice of the supreme court justice sotomayor or. check us out there you can register for the free event we encourage you to join us in these important discussions with that forward to seeing you there. we also went to help encourage you to support mount vernon and that comes with a cost if you are able and have the means to do so we appreciate you throwing a few clams our way by going to mount vernon.org and clicking the donate button. let's talk about tonight's main topic. 1815 john adams wrote to thomas jefferson and argue that the revolution is in the heart and mind of the people that 15 years before drop of blood was spilled in lexington and concorde and argues the war of independence and the revolution were two different things but was it really cracks our guest this evening is the assistant professor at north dakota state university former washington library research fellow and author of a brand-new book occupied america british military rule and the experience of revolution published 2020 university of pennsylvania press

and i don't really think justice sotomayor is either. there have been a number of unanimous decisions last 20 years protecting free exercise. the muslim beard in prison. and a group in new mexico using a drug in their service was unanimous. it is not that the linebacker rails are opposed to free exercise. they have other values they care about more. to some extent the republicans do, too it is just a different list. so the liberals all dissented in the could not essential -- contraception cases but the case about the gay rights group in a st. patrick's day parade was unanimous. but the, in the gay rights cased i expected to get dissent from kagan, sotomayor and brier and we didn't. i think principally because roberts wrote it so narrowly that tease facts will never araise again and philadelphia can obviously fix it on remand. they can draft something exemption free and tee up whether to overrule smith. but there are some much broader things in the opinion that they didn't object to including the compelling interest, not imposing their pw

i should also mention that as justice sotomayor says it is , stunning. host: charles donovan, on the enforcement provisions, do you think those will hold up under supreme court scrutiny and do you see them as being a model for other states? guest: texas is unique. it may remain that way. it may be that now that we are moving toward chemical abortion, a parent finds that their child has been given an abortion pill by an abortion provider or someone who was an advocate or someone from overseas, which is now a policy. there are organizations that i advocate for abortion. think there are just uses of this statute. we will have to wait and see. here is the problem. the supreme court attempted to resolve a national abortion policy in 1973. they did it out of the blue. it was not briefed. it was not argued. they reconsidered it. they timed it politically after the 1972 election and they created a law that allows abortion to occur where one of seven countries, maybe 8 worldwide that allow elective abortion until birth. the real drama is probably in mississippi w

. >> you also-- you also-- you and sotomayor said i dissent ininstead of the traditional i respectfully? what is that? is that like a dis? >> it could be. it needn't be. it could be that i just forget to put in-- ( applause ). >> could be, could be. we have to take a quick break. but when we return, we'll be back wor with more justice stepn breyer. stick around, everybody. ♪ music playing. ♪ there's an america we build ♪ ♪ and one we explore one that's been paved and one that's forever wild but freedom means you don't have to choose just one adventure ♪ ♪ you get both. introducing the all-new 3-row jeep grand cherokee l jeep. there's only one. ♪ smooth like butter, like a criminal undercover ♪ ♪ gon' pop like trouble ♪ ♪ breaking into your heart like that ♪ ♪ do the boogie, like ♪ ♪ side step, right-left, to my beat ♪ ♪ high like the moon, rock with me, baby ♪ ♪ know that i got that heat ♪ ♪ let me show you 'cause talk is cheap ♪ ♪ side step, right ♪ ♪ get it, let it roll ♪ in 2016, i was working at the amazon warehouse when my brother passed away. and a couple of years later, my mother

i would say he and justice soda mayor and justice kagan -- and justice sonia sotomayor and justice kaganiberal wing that is left, such as it is. i have known him since i worked on capitol hill about 40 years ago. he is a smart person. he did not necessarily think he was going to be a justice of the supreme court. when he went for the first interview he did not do well because he had a bike accident and did not do well in the interview with bill clinton. he later got the position after ruth bader ginsburg got the first appointment. lisa: the fact that he gets asked when he is going to retire highlights the deeply politicized nature of these appointments. the machinations behind what happened with ruth bader ginsburg. how much do you think this reflects a more politicized court never before? david: he wrote a book and that was the subject of the interview. he has been giving interviews because there is a book that talks about the fact justices are not political. they do not talk about politics. outside of the court we have politicized the confirmation process and most people see certain de

all four dissenting justices signed opinions, justice sotomayor red this way.ing their constitution rights. chief justice roberts wrote, he would have blocked the law while appeals moved forward. he underscored the tentative nature of the majority's ruling. let's bring in a former u.s. attorney for the district of alabama and msnbc legal analyst joyce vance and jonathan le mere and bureau chief susan paige. good morning no all of you. let me start with you, joyce, as a former federal prosecutor. let's talk about the legal part of this. so effectively the real ruling says we're not talking about the constitutionality of this law. we believe abortion providers did not make their case effectively. does that open the door to more challenges to this texas law? >> well, actually, this case, itself, is still live in some sense. what happened was that health care providers in texas sued state court judges and court clerks who would, in essence, be the people who would put the texas law into effect permitting this mechanism that we have all heard about, where private in

believe in archaic rule should be used to allow us to put our heads in the sand, to use justice sotomayor'sour heads in the stand and not take action on the the important issues that challenges that are facing our country right now. now and over the next years, we just will get nowhere if we keep this filibuster in place. >> she's not someone who has always been in the abolish the filibuster camp. she talked about being open but this seems to tip the scale for her. how specific is that broadly speaking to the movement. >> i think democrats are on the the edge of abolishing the filibuster but they are very likely to get over the edge because you have joe manchin and kyrsten sinema saying no. i think the real question is can they get some kind of carve out on the filibuster, not necessarily on abortion, but on voting rights. you know, what we are seeing is something extraordinary. democrats have unified control of the house and the senate and the white house and yet to many democrats it feels as if they are on the the defensive as the combination of a sharp turn right in many red states from

. >>> flagrantly unconstitutional, that's what the supreme court sotomayor called this abortion justice three liberal members decent calling it unusual. they are basically bearing their heads in the sand of what is their view and the de facto ending of roe v. wade in america. the supreme court stopped the operation of roe v. wade in texas. the law we have been covering there banned if six weeks which expert says and many people already know is a period of time, the person who may exercise what the supreme court says is a personal choice and right would not know they are pregnant and able to do so. there are no exceptions for rape or incest. florida's lawmakers are considering the new law. meanwhile, donald trump of course put three conservative justices on this court and one of the arguments that you may remember even if that happens, roe is a quote, super president. that's what we were told. meanwhile, in the year of covid battles, we hear a lot of liberty and smaller government and personal freedom, where are the republican libertarians on this personal freedom? where are they wanting

justice sotomayor she wrote a blistering defense tonight. court's presence and the right of women seeking abortion throughout texas. what's interesting here is under a normal circumstance when a justice writes a decent, they usually write i respect a decent. tonight they left out "resp "respectively," that reveals deep frustration of the liberals on this court and we'll see how it is moving to the right on some of these hot button issues. thank you very much for that. we have a lot of breaking news and a lot of areas to cover. new images coming in from the northeast where it is being inundated with floodwaters. ♪ ♪ oh, focaccia! ah, there's no place like panera. enjoy the toasty, saucy chipotle chicken avocado melt on freshly baked bread. panera. order on the app today. today let's paint with behr ultra scuff defense® ...so that you can live that scuff-free life. honey, i'm home! honey! scuff defense. right now, get incredible savings on select behr ultra® paints, starting at $29.98* what if you could have the perspective to see more? at mor

justice sonia sotomayor called this decision egregious. >> we will be watching. thank you. >>> 6:08 this morning. stanford releasing a first of its kind study on just how effective face coverings are in reducing the exposure to covid-19. masking up in bangladesh was low, and half of the villages were given free masks, and free information and instructions, and the villages wearing masks had a lower rate of infection. here's one of the leading authors of the study. >> it's not just about an individual wearing a mask to protect himself or herself, and it's about an individual wearing a mask to keep a community safe, and that's what was demonstrated in the study. >> researchers are showing giving masks away with encouragement of community members really slows the spread of the virus. >>> 6:09. 12 days to go until the special recall election, and republican kevin faulkner is planning to tout his homeless plan today in san francisco. meantime, the leading replacement contender, larry elder, answering to democratic claims that he leans too much toward donald trump. >>

. >> justice sotomayor attacked the way it's enforced.nyone who helped in the abortion for $10,000. she wrote, in effect it has deputized the state citizens as bounty hounters. abortion is not the only hot button issue texas lawmakers are taking on. new texas laws go after voting and what's taught in the classroom too. >> reporter: texas's new law banning abortion effectively after 6 weeks is the most restrictive abortion law in the country right now. but it wasn't the only law that went into effect on wednesday. there are texans crying out about several of these 666 laws that went into effect. example, permitless carry. you no longer need to have a license to carry a gun as long as you are able to have one underst state and federal laws. it prevents teachers from teaching about current events and systemic racism in class unless they offer viewpoints from many different sides. cities in texas, if they cut police funding under a new law, in most cases they will be financially penalized by the state. professional sports teams in texas are r

justice sotomayor explained how it worked. they were able to reword a constitutional -- in disregard of the court's precedence through entanglement's of the court's creation. this is disturbing for a number of reasons. for one it has galvanized law makes -- over the past month lawmakers and candidates in florida, south dakota and other states have pledged to follow suit and copycat the texas law. they saw what happened when this bill came before the supreme court, the supreme court basically said it can go forward. additionally the conservative majority on the supreme court has now signaled that it's willing to use the shadow docket to use even laws unconstitutional on their face to take effect as long as it aligns with certain ideological norms. another witness we heard from today was professorrer steven lanik about the shadow docket. this is where the court issues decisions outside the traditional merit docket. historically that is helped to resolve routine procedural questions frequently without public deliberation, full br

believe an archaic rule should be used to allow us to put our heads in the sand to use justice sotomayor's words and not take action on the important issues. >> reporter: of course this is what happens again and again when we talk about these bills that do not have republican support. progressives are very as we heard from congresswoman ocasio-cortez, they are very adamant about trying to push this legislation through congress and getting rid of the filibuster so that democrats can do this. returning back to that right of abortion to preserve that right of abortion, the senate judiciary committee announced that they will hold a examine the ban on abortion, but the bottom line here is that this is just piling on to biden's agenda ahead of them returning -- lawmakers returning back in fr recess. it is unclear right now whether this can even pass. and as it stands right now, it won't. >> daniella, thank you so much. interesting, christine, where were the hearings before the law was passed? it seems like it is always a reactive notion in congress to things like these that affect real people's

justice sotomayor is now i think since the death of ruth bader ginsburg clearly the most liberal justice. she literally wrote the most fiery dissent from the court's order on wednesday. and if you notice there were four dissenters, four separate dissenting opinions. and justices breyer and kay kagan joined all of them, but four dissenting justices but they were not united.ay kagan joined all of them, but four dissenting justices but they were not united.y kagan joined all of them, but four dissenting justices but they were not united. kagan joined all of them, but four dissenting justices but they were not united.kagan joined all of them, but four dissenting justices but they were not united. they had different views on what was going on even as they dissented. >> so there was a lot going on about what the most recent justices believed. and i want play some sound and we'll talk on the other side. >> 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. i understand the importance of the issue. >> roe vs. wade decid

justice sonia sotomayor, was more direct, saying a majority of justices have opted to bury their heads in the sand. she goes on to say it cannot be the case that the state can evade federal judicial scrutiny by outsourcing the enforcement of unconstitutional laws to its citizens. with us again tonight, neal katyal, department of justice veteran and former solicitor general during the obama administration, he has argued dozens of cases before the supreme court. we need your clarity on this. 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 abortio

i agree with justice sotomayor in her dissent where she said a majority of justices have opted to burys in the sand when confronted with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights. >> the governor of texas greg abbott, he was asked about how this law would force the victims, survivors of rape and incest, to carry a child to term if not terminated before six weeks. take a listen. >> it doesn't require that at all because obviously it provides at least six weeks for a person to be able to get an abortion. so, for one, it doesn't provide that. that said, however, let's make something very clear. rape is a crime. and texas will work tirelessly to make sure that we eliminate all rapists from the streets of texas. >> i'm wondering what your reaction is to those comments and how they square with the real-world experience of rape survivors and women when they find out that they're pregnant. >> i have two responses. and the first is of course those who oppose abortion rights try to impose waiting periods, s

>> well, first, i was not a supreme court clerk, but i clerked for supreme court sotomayor while she on the court, but i think that roe v. wade has been in the cross heirs in planned parenthood versus casey and they had a chance to overturn roe and did not. so the court has been in overturning roe either in piecemeal by overturning roe by an explicit ruling, and this 6/4 majority seems to be a prime opportunity to make a run at roe and that certainly what we are seeing. >> thank you both for your time. >>> and now, firefighters are in a desperate race to stop a wildfire burning out of control in the resort city of lake tahoe. >>> and the latest of louisiana where in the aftermath of ida, more than a million people without power. our past for power, we can harness the energy of the tiny electron. we can create new ways to connect. rethinking how we communicate to be more inclusive than ever. with app, cloud and anywhere workspace solutions, vmware helps companies navigate change. faster. vmware. welcome change. is your family ready for an emergency? you can prepare by mapping out two

melissa murray, professor of constitutional law at new york university, she clerk for justice sonia sotomayor in a, she now cohost the strict scrutiny podcast along with full disclosure my wife kate jones. i want to start on this aspect melissa with you, and then the texas law after. melissa, last night a lot of people thought there is an emergency application, the law is going to go into effect in midnight, it clearly violates current supreme court precedents, they're gonna see something right, there's gonna be in order, woke up this morning and still no order and then the editorial meeting i said, they're gonna have an order by the time we launch the show at eight, still new order. what's going on? >> chris, i'll just note that we were in the same place last week when we are talking about the remain-in-mexico policy where the court seemed to move with a fair amount of alacrity to resolve that particular issue, which came on a socket of emergency appeals, really interesting that it seems to have move add a leisurely pace and addressing this issue, again, it was a procedural issue but one tha

i think that the public increasingly sides with the view of people like justice sotomayor who in herthat this ruling showed a fundamental disregard for the rule of law. that is what is going on here. the curtain is being pulled back. the conservative justices are going to -- win a polling came out two days ago that showed that the courts approving rating is at a low that we have not seen in decades. >> and to that point, senator mitch mcconnell, he already said he was going to block any nominee that president biden puts forward before 2024 and we have to, quote, wait and see. it seems to me that if senator mcconnell who is being quite open about the politicization of the supreme court. the justices don't have to tell us otherwise, we can just watch what senator mcconnell is doing, right melissa? >> i think that's right, i think the public has seen what is going on. we have had five republican justices who failed to win the popular vote. the the supreme court is a counter authoritarian by design. but the idea that minority votes can go to the supreme court can influence policy, it rea