WEBVTT 00:02.000 --> 00:04.033 align:left position:10% line:77% size:80% GEOFF BENNETT: Time now for our weekend briefing, this week brings the first big 00:04.033 --> 00:07.900 align:left position:10% line:77% size:80% test in the political fight over abortion rights. And the U.S. Senate Democrats will 00:07.900 --> 00:12.900 align:left position:10% line:71% size:80% try to pass federal legislation guaranteeing the right to an abortion. The effort will fail though 00:14.966 --> 00:18.133 align:left position:20% line:71% size:70% because Democrats do not have the votes. But that's not stopping the Senate Majority Leader. 00:18.133 --> 00:23.133 align:left position:10% line:77% size:80% CHUCK SCHUMER: America. All of America will be watching. Republicans swill snot be able 00:25.100 --> 00:29.400 align:left position:10% line:77% size:80% to hide from the American people and cannot hide from their role in bringing row to an end. 00:31.500 --> 00:35.933 align:left position:10% line:77% size:80% GEOFF BENNETT: To talk more about the fallout of that leaked Supreme Court draft opinion 00:35.933 --> 00:40.900 align:left position:10% line:77% size:80% overturning the landmark Roe vs. Wade decision, we have with us Kimberly Atkins Stohr, a senior 00:42.933 --> 00:45.933 align:left position:10% line:77% size:80% opinion writer and columnist for The Boston Globe and Leigh Ann Caldwell, anchor of Washington 00:47.900 --> 00:51.000 align:left position:10% line:77% size:80% Post live and co-author of The Early 202 newsletter. It's great to have you both with us. 00:52.500 --> 00:54.566 align:left position:10% line:83% size:80% And Leigh Ann, we'll start with you because Senator Schumer says 00:54.566 --> 00:57.366 align:left position:10% line:77% size:80% the Senate is going to take up a bill this week to codify Roe versus Wade, 00:57.366 --> 01:01.666 align:left position:10% line:77% size:80% it clearly doesn't have 60 votes in the Senate. My question is does it even have 01:01.666 --> 01:06.666 align:left position:10% line:71% size:80% 50 votes and give us a sense of what the strategy is behind this the showboat that he said to hold? 01:08.633 --> 01:11.233 align:left position:10% line:77% size:80% LEIGH ANN CALDWELL, Washington Post Anchor: Yes, it's a good question, Geoff. I'm not 01:11.233 --> 01:15.633 align:left position:10% line:71% size:80% sure if he even has 50 votes. Of course, there's 50 Democrats, but the Senate voted on something 01:17.600 --> 01:21.933 align:left position:10% line:77% size:80% similar to this earlier this year, and they did not get the support of Senator Joe Manchin. 01:23.433 --> 01:26.066 align:left position:20% line:77% size:70% Now it wasn't the actual legislation that they were voting on. 01:26.066 --> 01:31.066 align:left position:10% line:77% size:80% It was just on a procedural motion to even open debate on the legislation, 01:32.500 --> 01:35.433 align:left position:10% line:83% size:80% and that still did not get the support of Senator Joe Manchin. 01:35.433 --> 01:40.433 align:left position:10% line:71% size:80% Now the reason Senator Schumer is holding a vote right now, even though it's going to fail is 01:42.400 --> 01:46.266 align:left position:10% line:77% size:80% twofold. First, he wants to show the progressives, the Democratic base, 01:48.333 --> 01:52.333 align:left position:10% line:77% size:80% people who are frustrated and angry about this ruling. The Democrats are trying to 01:52.333 --> 01:57.300 align:left position:10% line:77% size:80% do something even though they aren't able don't have the votes to get anything done. 01:59.833 --> 02:02.666 align:left position:10% line:71% size:80% And the second reason is he wants to put all Republicans on the record of voting against this, 02:04.633 --> 02:09.133 align:left position:10% line:77% size:80% that is going to be a very clear cut line between the two parties, the Republicans and 02:11.166 --> 02:14.433 align:left position:20% line:71% size:70% Democrats on where they stand on this issue. And Senator Schumer wants to make that known. 02:16.400 --> 02:19.200 align:left position:10% line:77% size:80% Now, the difference between back in February when they had this vote, and today 02:19.200 --> 02:24.200 align:left position:10% line:71% size:80% is now it's not esoteric, it's real, there is a very good chance that Roe v Wade is going to be 02:26.300 --> 02:31.300 align:left position:10% line:77% size:80% overturned by the Supreme Court assuming this draft decision does, in fact, become reality. 02:33.266 --> 02:36.133 align:left position:10% line:77% size:80% GEOFF BENNETT: And Kimberly, building on the point that Leigh Ann made about Democrats 02:36.133 --> 02:40.933 align:left position:10% line:77% size:80% viewing this now as being a real threat I want to draw on your legal background. Because as 02:40.933 --> 02:45.933 align:left position:10% line:77% size:80% you know the idea in Roe is that abortion is an unenumerated right. One that the Constitution 02:47.966 --> 02:52.033 align:left position:10% line:77% size:80% protects even if it doesn't explicitly say that there is a right to an abortion. 02:54.066 --> 02:56.733 align:left position:10% line:77% size:80% And the thing that we've been hearing all this past week is that if roe is overturned, 02:56.733 --> 03:00.233 align:left position:10% line:83% size:80% that could undermine other rights like same sex marriage, 03:00.233 --> 03:04.400 align:left position:20% line:77% size:70% access to contraception, interracial marriage, potentially, there have 03:04.400 --> 03:08.800 align:left position:10% line:77% size:80% been people who have said that that sort of idea is overblown. What's your sense of it? 03:08.800 --> 03:12.233 align:left position:10% line:77% size:80% KIMBERLY ATKINS STOHR, Senior Columnist, Boston Globe: Well, I think it will be very difficult 03:12.233 --> 03:17.233 align:left position:10% line:77% size:80% to keep this contained to only apply to abortion. Justice Sam Alito, in the opinion, 03:19.333 --> 03:22.800 align:left position:10% line:83% size:80% tried to say that and tried to distinguish it by saying that 03:24.733 --> 03:28.533 align:left position:10% line:77% size:80% emotion involves a human life. And so it's different from those other things. 03:28.533 --> 03:33.333 align:left position:10% line:71% size:80% But when you look at that, that analysis, it's called substantive due process. That's that right 03:33.333 --> 03:37.033 align:left position:10% line:77% size:80% that you're talking about, the rights that are not expressly in the Constitution, 03:37.033 --> 03:42.033 align:left position:10% line:71% size:80% but that the Court has recognized as fundamental. It's the privacy right that the right to abortion 03:43.900 --> 03:48.033 align:left position:10% line:77% size:80% was based upon, that underscores the right to access contraception. The right to have 03:50.066 --> 03:53.866 align:left position:10% line:77% size:80% a privacy to do what you please in your own home and extends to other things. It could include 03:55.866 --> 03:59.633 align:left position:10% line:77% size:80% the same sex marriage right, depending on the way that it's interpreted. 03:59.633 --> 04:04.600 align:left position:10% line:77% size:80% I think those and interracial marriage and other things are also based on equal protection, 04:07.133 --> 04:09.833 align:left position:10% line:71% size:80% which may make those a little harder to attack. But certainly there are a number of rights that we 04:09.833 --> 04:14.833 align:left position:10% line:71% size:80% think about in terms of liberty that are protected by the Constitution, or at least have been 04:16.766 --> 04:19.333 align:left position:10% line:77% size:80% until they two are challenged. And if it's thrown out the same way that this privacy 04:19.333 --> 04:24.333 align:left position:10% line:77% size:80% right was essentially thrown out by Justice Alito, it could be it could be on shaky ground. 04:26.333 --> 04:28.400 align:left position:10% line:77% size:80% GEOFF BENNETT: And Leigh Ann, there has been this interesting dynamic where Republicans who 04:28.400 --> 04:33.133 align:left position:10% line:77% size:80% have worked for decades for generations to get to this moment and yet they don't 04:35.100 --> 04:37.066 align:left position:10% line:77% size:80% want to talk about it. Take a look at what Mitch McConnell, Senator McConnell said. 04:37.066 --> 04:40.333 align:left position:10% line:77% size:80% SEN. MITCH MCCONNELL, Minority Leader: This laws action should be investigated and 04:42.300 --> 04:46.200 align:left position:10% line:77% size:80% punished to the fullest extent possible. The court should tune-out the bad face noise 04:49.433 --> 04:52.300 align:left position:20% line:83% size:70% and feel completely free to do their job. 04:52.300 --> 04:54.133 align:left position:10% line:83% size:80% GEOFF BENNETT: What's the issue here? Are they concerned about 04:54.133 --> 04:57.433 align:left position:20% line:77% size:70% voter backlash? Is that why they're not talking about the substance 04:57.433 --> 05:00.433 align:left position:10% line:83% size:80% of the opinion, the draft opinion and more about the leak? 05:00.433 --> 05:05.400 align:left position:10% line:71% size:80% LEIGH ANN CALDWELL: Yes, it's pretty incredible, Geoff, that conservatives, social conservatives 05:07.933 --> 05:11.466 align:left position:10% line:71% size:80% have been working on this issue for decades. And now they have done it. And they are not talking, 05:13.366 --> 05:17.900 align:left position:10% line:77% size:80% as you mentioned about the substance of the case. They're talking about the leak. 05:17.900 --> 05:22.900 align:left position:10% line:77% size:80% Now, the reason is, I'm told by Republican operatives by Republican sources, is that 05:25.900 --> 05:30.700 align:left position:10% line:77% size:80% because there is a lot of uncertainty and how the public is going to view this. 05:30.700 --> 05:35.333 align:left position:10% line:77% size:80% The midterms are just six months away. And now like we were talking about before, 05:35.333 --> 05:40.333 align:left position:10% line:71% size:80% this is not just something this is reality now. And so voters could very well punished Republican. 05:43.266 --> 05:46.233 align:left position:20% line:77% size:70% GEOFF BENNETT: Yes. And Kimberly, on the on the Democratic side, 05:46.233 --> 05:51.233 align:left position:10% line:77% size:80% there is some liberal frustration that Democrats in Washington don't seem to be 05:53.233 --> 05:55.600 align:left position:10% line:77% size:80% fighting hard enough. Here's what California Governor Gavin Newsom said this past week. 05:55.600 --> 05:57.033 align:left position:20% line:77% size:70% GOV. GAVIN NEWSOM (D) California: Where the hell's my party? 05:59.500 --> 06:03.000 align:left position:10% line:71% size:80% Where's the Democratic Party? This is a concerted, coordinated effort. And yes, they're winning. They 06:05.500 --> 06:09.233 align:left position:10% line:71% size:80% are. They have been. Let's acknowledge that. We need to stand up. Where's the counter offensive? 06:11.333 --> 06:13.333 align:left position:20% line:77% size:70% GEOFF BENNETT: And there have been Democrats who have said, you know, 06:13.333 --> 06:18.300 align:left position:10% line:77% size:80% it's been no secret that Republicans have been trying for generations to overturn Roe. 06:18.300 --> 06:22.000 align:left position:10% line:77% size:80% Where's the fight? Where's the strategy? How are Washington Democrats responding to that? 06:22.000 --> 06:27.000 align:left position:10% line:77% size:80% KIMBERLY ATKINS STOHR: Well, we do see this vote that is set up to put everyone on record. 06:28.900 --> 06:30.933 align:left position:10% line:77% size:80% But you're absolutely right. This is not something that happened overnight. 06:30.933 --> 06:35.700 align:left position:10% line:77% size:80% This draft decision is the result of an more than decades long, sustained campaign by 06:37.700 --> 06:42.500 align:left position:10% line:77% size:80% conservative groups, members of the Christian right well-funded, well-coordinated task to put 06:44.533 --> 06:49.500 align:left position:20% line:71% size:70% conservatives in office so that they can appoint conservative judges and justices, 06:49.500 --> 06:53.200 align:left position:10% line:77% size:80% and lead up to this decision if Democrats are turning to this issue. 06:53.200 --> 06:57.900 align:left position:20% line:71% size:70% Now, they're really far behind the starting line. They're really far behind the finish line, 06:57.900 --> 07:02.633 align:left position:10% line:77% size:80% essentially at this point. And so I think that's what you're seeing now a scramble by 07:02.633 --> 07:05.433 align:left position:10% line:83% size:80% Democrats on the national and state levels 07:07.100 --> 07:10.400 align:left position:20% line:77% size:70% to see exactly what they can do to fight this off now. It may be too late. 07:10.400 --> 07:12.633 align:left position:10% line:83% size:80% GEOFF BENNETT: Kimberly Atkins Stohr and Leigh Ann Caldwell, 07:12.633 --> 07:15.833 align:left position:10% line:77% size:80% thank you both for your reporting and your insights. It's great to see you.