WASHINGTON ANCHOR FOR BBC WORLD NEWS AMERICA, CADDIE KAY.
THERE IS MORE BREAKING NEWS FOR
US TO COVER THIS MORNING HERE AT
HOME.
HOME. LATE
LATE >>> LATE LAST NIGHT, THE ALABAMA
SENATE APPROVED A BILL THAT
WOULD CREATE THE NATION’S
STRICTEST ABORTION LAW.
THE BILL WOULD MAKE IT A FELONY,
PUNISHABLE WITH UP TO 99 YEARS
IN PRISON, FOR A DOCTOR TO
PERFORM OR ATTEMPT THE PROCEDURE
DURING ANY STAGE OF PREGNANCY,
EXCEPT TO SAVE THE MOTHER’S
LIFE.
LIFE. THE OVERNIGHT VOTE FOLLOWED
HOURS OF EMOTIONAL DEBATE
BETWEEN LAWMAKERS, AS THE
REPUBLICAN-CONTROLLED
REPUBLICAN-CONTROLLED LEGISLATURE UNILATERALLY REMOVED
EXCEPTIONS FOR RAPE AND INCEST.
IT PASSED OVERWHELMINGLY, 25-6.
THE MOVE IS PART OF A LARGER
PUSH ACROSS CHUNKS OF THE DEEP
SOUTH AND MIDWEST TO CHALLENGE
THE SUPREME COURT’S 1973 ROE V.
WADE RULING, BY WHITTLING
PROTECTIONS TO ITS MOST
RESTRICTIVE.
RESTRICTIVE. OPPONENTS OF THE BILL PROTESTED
IN THE STATE’S CAPITAL.
THE BILL HEADS TO THE REPUBLICAN
GOVERNOR, WHO HAS NOT INDICATED
WHETHER OR NOT SHE’LL SIGN IT.
JOE?
JOE? >> SO THIS IS COMPLICATED ISSUE,
MIKA.
MIKA. LOOKING AT IT POLITICALLY.
>> RIGHT.
>> RIGHT. >> IF YOU WANT TO LOOK AT IT
POLITICALLY
POLITICALLY POLITICALLY, THERE’S A SERIES OF
POLLS THAT HAVE BEEN COMING OUT
RECENTLY.
RECENTLY. THERE WAS A POLL OUT THAT SHOWED
A SWING TOWARD AMERICANS WHO
IDENTIFIED THEMSELVES AS BEING
PRO LIFE.
PRO LIFE. BUT THERE’S ALWAYS A CAVEAT TO
ABORTION POLLS.
ABORTION POLLS. IT IS THIS, AND I THINK BEST
EXEMPLIFIED BY A FOX NEWS POLL
THAT CAME OUT EARLIER THIS YEAR.
WHEN YOU ASKED RESPONDENTS, WERE
YOU PRO LIFE OR PRO CHOICE, THAT
WAS SPLIT DOWN THE MIDDLE.
IT HAS OFF AND ON OVER THE PAST
DECADE BEEN SPLIT, FOR THE MOST
PART, DOWN THE MIDDLE.
USUALLY MORE PRO CHOICE THAN PRO
LIFE, BUT CERTAINLY VOTERS HAVE
BEEN MOVING TOWARDS PRO LIFE FOR
REASONS THAT I’VE STATED BEFORE,
HAVING TO DO WITH TECHNOLOGY, 3D
IMAGERY, A LOT OF DIFFERENT
THINGS.
THINGS. IN FACT, I MUST SAY, IN THIS
MERRIST POLL, IT IS INTERESTING
SOME OF THE BIGGEST MOVEMENT
TOWARD PRO LIFE VOTERS CAME FROM
DEMOCRATS UNDER 40.
YOUNGER DEMOCRATS WHO, AGAIN, AS
I’VE BEEN SAYING ALL ALONG, WHO
ARE HAVING CHILDREN, WHO GO AND
SEE THE 3D IMAGERY, UNDERSTAND
THE VIABILITY, THE MEDICINE, THE
TECHNOLOGY, MEDICAL IMPROVEMENTS
HAVE VASTLY CHANGED OVER THE
PAST 50 YEARS OR SO, SINCE 1973.
THE VIABILITY OF A NEWBORN BABY
HAS CERTAINLY MOVED, AND IT IS
EARLIER AND EARLIER.
THAT SAID, EVEN IF PEOPLE
IDENTIFY THEMSELVES AS BEING PRO
LIFE, HERE COMES THE CAVEAT, AND
IT IS A BIG CAVEAT.
WHEN YOU ASK THOSE SAME PEOPLE,
DO YOU WANT ROE V. WADE TO BE
OVERTURNED, THOSE NUMBERS
PLUMMET.
PLUMMET. THE LATEST FOX NEWS POLL, ONLY
21% OF AMERICANS WANTED ROE V.
WADE OVERTURNED.
WADE OVERTURNED. THAT IS ONE IN FIVE AMERICANS.
WHICH, AGAIN, NOT MAKING
EVERYTHING ABOUT POLITICS, BUT
THIS IS THE CAR THAT DONALD
TRUMP DOES NOT WANT TO CATCH UP
WITH POLITICALLY.
WITH POLITICALLY. THIS WOULD BE A NIGHTMARE
SCENARIO FOR REPUBLICANS GOING
INTO 2020, IF ROE V. WADE WERE
OVERTURNED.
OVERTURNED. I MEAN, FOUR OUT OF FIVE
AMERICANS, OBVIOUSLY, WOULD BE
AGAINST THAT MOVE.
IT WOULD ENERGIZE DEMOCRATS IN
THE WAY THAT VERY FEW THINGS
HAVE IN A VERY LONG TIME.
>> YEAH.
>> YEAH. YOU’VE GOT THOSE COMPETING
IMPASSES, RIGHT?
IMPASSES, RIGHT? THE POLITICS OF THIS, WHEN IT
COMES TO OVERTURNING ROE V.
WADE, HAS NOT SHIFTED MUCH IN
AMERICA, THOUGH YOUNGER
DEMOCRATS DO SEEM TO BE MOVING
TOWARD SOME OF THE MORE PRO LIFE
POSITIONS.
POSITIONS. YET, YOU’VE GOT THESE
CONSERVATIVE LAWMAKERS IN PLACES
LIKE GEORGIA AND NOW IN ALABAMA
WHO ARE CLEARLY SUPREME COURT
SHOPPING AND WANT THIS CASE.
THEY’VE EVEN SAID IT EXPLICITLY.
THEY WANT THIS CASE TO GO THE
WHOLE WAY TO THE SPREMUPREME COU
THEY’VE DRAFTED THE BILL IN A
WAY THEY THINK IT HAS THE BEST
POSSIBLE WAY OF GETTING TO THE
SUPREME COURT BECAUSE THEY SEE
THIS AS THEIR BEST OPPORTUNITY
IN DECADES, WITH A VERY
CONSERVATIVE, MORE CONSERVATIVE
SUPREME COURT, THEY SEE THIS AS
THEIR BEST CHANCE TO GET A
FAVORABLE HEARING UP HERE IN
WASHINGTON.
WASHINGTON. DONALD TRUMP IS GOING TO HAVE TO
WRESTLE THOSE TWO POTENTIALLY
POLITICAL FORCES, IF THE ALABAMA
BILL MAKES IT TO THE SUPREME
COURT.
COURT. >> LET’S BRING IN DANNY CEVALLOS
CEVALLOS.
CEVALLOS. WE’VE SEEN THE HEARTBEAT LAWS IN
GEORGIA, KENTUCKY, MISSISSIPPI,
AND OHIO, WHERE YOU CAN’T HAVE
AN ABORTION AFTER SIX WEEKS WHEN
THERE IS A HEARTBEAT.
THE LAW EXPECTED TO BE SIGNED
BANS ABORTION ALL THE WAY
ACROSS, EXCEPT IN THE RARE CASE
IT AFFECTS THE MOTHER’S HEALTH,
LIFE AND DEATH OF THE MOTHER
HERE.
HERE. I THINK KATTY IS RIGHT, AND THIS
IS ABOUT BRETT KAVANAUGH.
THIS IS ABOUT THE SUPREME COURT
JUSTICE.
JUSTICE. YOU’VE HEARD IT FROM ACTIVISTS
INSIDE THE STATE OF ALABAMA.
ONE SAYING, QUOTE, WHY NOT GO
ALL THE WAY?
THIS WAS NOT POSSIBLE UNTIL THIS
MOMENT.
MOMENT. WE FEEL WE HAVE A CHANCE.
IF THIS MAKES IT TO THE
SALESPEOPLESUPREME
SALESPEOPLESUPREME COURT, WE COULD OVERTURN ROE V.
WADE.
WADE. >> THERE IS A GOOD CHANCE ROE V.
WADE WOULD BE OVERTURNED.
WE’VE KNOWN SINCE THE ’70s ROE
V. WADE STANDS ON A WEAK
FOUNDATIONAL BASIS.
FOUNDATIONAL BASIS. WHETHER YOU’RE PRO LIFE OR PRO
CHOICE, ROE V. WADE IS REALLY
ABOUT, DO WE HAVE AN INDIVIDUAL,
FUNDAMENTAL -- DO WOMEN HAVE A
PRIVACY RIGHT IN THE
CONSTITUTION THAT OVERRIDES
STATE LEGISLATURES’ ABILITIES TO
MAKE LAWS AFFECTING ABORTION.
IT IS INTERESTING TO NOTE, YEAR
1900, ALMOST EVERY STATE
PROHIBITED ABORTION.
PROHIBITED ABORTION. BY THE TIME ROE V. WADE WAS
DECIDED, IT WAS DOWN TO 30
STATES.
STATES. THE TREND WAS THAT ABORTION --
PROHIBITING ABORTION WAS GOING
AWAY.
AWAY. NOW, BY GIVING IT TO THE SUPREME
COURT, IT CREATES A PRECEDENT
THAT CAN BE OVERTURNED.
THE BOTTOM LINE IS, EVEN IF YOU
ARE PRO CHOICE, THE RIGHT TO
PRIVACY DOES NOT EXIST, EITHER
IN THE HISTORY OR THE TEXT OF
THE CONSTITUTION, WHICH IS WHY
ROW HAS ALWAYS BEEN RIPE TO BE
OVERTURNED.
OVERTURNED. >> YOU KNOW, DANNY, IT IS
INTERESTING YOU SAY THAT.
MIKA AND I WERE TALKING ABOUT
THIS THIS MORNING AFTER THE NEWS
BROKE OVERNIGHT.
BROKE OVERNIGHT. I SAID THAT MY CONSTITUTIONAL
LAW PROFESSOR, WHO IS VERY
PROGRESSIVE, SAID THOUGH I AGREE
WITH THE CONCLUSION OF ROW, IT
IS A TERRIBLY WRITTEN CASE, AND
ITS LOGIC IS BAFFLING AT TIMES.
ALL THAT BEING SAID, WE HAVE A
CHIEF JUSTICE WHO, I SUSPECT, IS
NOT GOING TO WANT TO UPROOT 50
YEARS OF PRECEDENT OVERNIGHT ANY
MORE THAN HE WANTED TO HAND
REPUBLICANS A POLITICAL VICTORY
ON OBAMACARE.
ON OBAMACARE. HERE, FOX NEWS POLL SAYING 57%
OF AMERICANING INGS SAYING LET R
WADE STAND.
WADE STAND. 21% SAYING OVERTURN IT.
HALF OF AMERICANS CONSIDER
THEMSELVES TO BE PRO LIFE.
ISN’T THERE THE BELIEF, THE
FEELING, THAT JUSTICE ROBERTS IS
MORE OF AN INSTRUMENTALCREMENTAL
I COULD BE WRONG, BUT DOESN’T IT
SEEM IF WE’RE LOOKING AT THE
PRESIDENT, WITH HOW THE COURT
HANDLES CASES LIKE THIS, THEY’LL
LET THE LOWER COURT OVERTURN
THIS ALABAMA LAW, THEN THEY’LL
JUST DENY CERT AND REFUSE TO
HEAR IT, LIKE THEY DO WITH THE
GUN LAWS?
GUN LAWS? >> THAT IS POSSIBLE.
YOU MAY SEE THE SUPREME COURT
SAY, WE DON’T WANT TO DEAL WITH
THIS.
THIS. THE LOWER COURT DECIDED IT.
AS IT STANDS NOW, THIS LAW IS
FACIALLY INCONSISTENT WITH CASE
LAW.
LAW. IT IS LIKELY A COURT WILL SAY,
THIS DOESN’T FLY.
HERE IS AN INFUNCTION.JUNCTION.
WE’RE STOPPING THIS NOW.
THERE IS A CHANCE THE SUPREME
COURT MAY DECIDE TO NOT HEAR IT.
STAR SI DEE-- WHEN
CONSTITUTIONALITY IS AT STAKE,
WE’RE MORE LIKELY TO TAKE A
FRESH LOOK AT A CASE.