MARIA: AND PARIS THIS MORNING --
FIRST THIS MORNING, A SENATE
VOTE IS COMING WEEK OR NEXT AS
DEMOCRATS ATTEMPT TO CODIFY ROE
V. WADE INTO LAW AS PROTESTERS
SURROUND THE HOMES OF SUPREME
COURT JUSTICES THIS WEEKEND TO
FORCE CHANGE.
SENATOR SCHUMERER TRIED TO MOVE
ABORTION LEGISLATION FORWARD IN
FEBRUARY BUT FELL SHORT OF THE
60 VOTES NEEDED TO OVERCOME A
FILIBUSTER.
WILL IT BE DIFFERENT THIS TIME?
JOINING ME RIGHT NOW TO DISCUSS,
TEXAS SENATOR TED CRUZ, A
CONSTITUTIONAL SCHOLAR WHO
CLERKED FOR FORMER SUPREME COURT
JUSTICE WILLIAM REHNQUIST.
SENATOR, IT’S GREAT OF YOU THIS
MORNING.
THANKS VERY MUCH FOR BEING HERE.
>> GOOD MORNING, MARIA.
IT’S GREAT TO BE WITH YOU.
MARTHA: -- CAN.
MARIA: FIRST, ARE YOU EXPECTING
A SENATE VOTE WEEK OR NEXT, AND
WHAT WOULD BE THE RESULT IN YOUR
VIEW?
>> I THINK IT’S LIKELY WE’LL
HAVE A VOTE IN EITHER THIS WEEK
OR NEXT, AND SCHUMER IN ALL
LIKELIHOOD WILL BRING BACK THE
SAME BILL THAT WE VOTED ON
EARLIER.
THAT BILL FAILED.
YOU KNOW, IT’S INTERESTING, HE
CALLS IT A BILL TO CODIFY ROE V.
WADE, BUT THAT’S NOT, IN FACT,
WHAT THE BILL DOES.
IT IS A ADD CALL ABORTION BILL
WHICH, SADLY, REFLECTS WHERE
TODAY’S DEMOCRATS ARE.
THE BILL THAT WE VOTED ON LAST
ARE TIME IS A BILL THAT WOULD
STRIKE DOWN EVERY REASONABLE,
COMMON SENSE RESTRICTION ON
ABORTION ACROSS THE COUNTRY.
IT WOULD STRIKE DOWN
RESTRICTIONS ON PARTIAL-BIRTH A
ABORTION, IT WOULD STRIKE DOWN
RESTRICTIONS ON HATE-TERM
ABORTION, STRIKE DOWN PROVISIONS
ON TAXPAYER FUNDING, IT WOULD
STRIKE DOWN PARENTAL CONSENT AND
NOTEIFICATION LAWS.
AND THE AMAZING THING IS THAT
TODAY’S DEMOCRATIC PARTY ON THE
ISSUE OF ABORTION HAS GONE TO
THE EXTREME LEFT LIKE THEY’VE
DONE ON ECONOMICS, EMBRACING
SOCIALISM, LIKE HEAVY DONE ON
THE BORDER, EMBRACING OPEN
BORDERS.
YOU TAKE AN ISSUE LIKE LATE-TERM
ABORTION.
ONLY 6% OF AMERICANS SUPPORT
ABORTION ALL THE WAY UP TO THE
MOMENT OF BIRTH.
THAT IS THE POSITION OF TODAY’S
DEMOCRATIC PARTY.
THAT IS WHAT WE’RE GOING TO VOTE
ON.
IT’S GOING TO FAIL.
HE’S NOT GOING TO GET THE 60
VOTES HE NEEDS.
HE KNOWS THAT.
THAT IS SATISFYING THE LEFT-WING
CONSTITUENCY IN THE DEMOCRAT
PARTY.
AND I’VE GOT TO SAY, MARIA WITH,
WE ARE A LONG, LONG WAY FROM
WHEN BILL CLINTON WAS PRESIDENT
MT. STATE OF THE UNION HE SAID
HE WANTED ABORTION SAFE, LEGAL
AND RARE.
NOW, I DIDN’T AGREE WITH THAT
SAINT THEN, BUT HE WAS AT LEAST
RECOGNIZING THAT ABORTION WAS
SOMETHING HE WANTED RARE.
TODAY’S DEMOCRATIC PARTY DOESN’T
BELIEVE THAT.
THEY OPENLY CELEBRATE ABORTION
AS A WONDERFUL THING.
MARIA: YEAH.
I MEAN, LOOK, YOU GO BACK TO
WHAT ANDREW CUOMO, FORMER
GOLF -- GOVERNOR OF NEW YORK,
DID BY SAYING NO RESTRICTIONS
WHATSOEVER, COULD HAPPEN UNTIL,
YOU KNOW, THE NINTH MONTH.
YOU ALSO HEARD A SIMILAR
SENTIMENT THIS PAST WEEK FROM
TIM RYAN IN OHIO.
SINCE WE’RE ON THE SUBSTANCE
ISSUE HERE, LET’S STAY HERE
BECAUSE I WANT YOU TO EXPLAIN
WHAT THIS DRAFT OPINION SAYS.
IT BY NO MEANS SAYS THAT AWE
ABORTION WILL BE ILLEGAL UP
UNTIL A CERTAIN POINT, RIGHT?
IT’S UP TO THE STATES, IS WHAT
THIS DRAFT OPINION IS
SUGGESTING.
TALK ABOUT THAT, BECAUSE I WANT
TO GET INTO OTHER ISSUES, AND
THAT IS INCLUDING THE BULLYING
AND WHO LEAKED THIS TO BEGIN
WITH.
BUT FIRST, STAY ON THE SUBSTANCE
OF THIS RIGHT NOW.
>> WELL, SURE.
THE DRAFT OPINION, WE DON’T KNOW
WHAT THE FINAL OPINION WILL BE,
BUT THE DRAFT OPINION WAS
WRITTEN BY JUSTICE SAM ALITO,
AND A MASTERFUL OPINION.
IT IS CAREFUL, IT IS SCHOLARLY,
IT IS HISTORICAL.
IT WALKS THROUGH HOW FOR THE
FIRST 185 YEARS OF OUR NATION’S
HISTORY THE QUESTION OF ABORTION
WAS DECIDED BY ELECTED
LEGISLATURES, DECIDED PRIMARILY
AT THE STATE LEVEL.
AND, LISTEN, WE ALL RECOGNIZE
ABORTION IS AN ISSUE THAT IS
DEEPLY PERSONAL, THAT IS DEEPLY
MOTIONAL, AND IT’S AN ISSUE ON
WHICH AMERICANS ARE SHARPLY
DIVIDED.
THERE ARE VERY, VERY DIFFERENT
VIEWS ON WHAT THE APPROPRIATE
RULES SHOULD BE.
AND FOR THE FIRST 185 YEARS OF
OUR NATION’S HISTORY, WE
RESOLVED THOSE IN THE ELECTED
LEGISLATURES.
THEN IN 19 IS 73 -- 1973 SEVEN
UNELECTED LAWYERS WEARING BLACK
ROBES SAID, YOU SILLY VOTERS,
YOU DON’T GET TO DECIDE.
WE MOW BETTER THAN YOU, AND
WE’RE GOING TO DECREE THE ANSWER
FOR THE ENTIRE COUNTRY.
AND I THINK THAT DECISION IN ROE
REALLY CAUSED AN ENORMOUS AMOUNT
OF ANGER AND FRUSTRATION FOR THE
TENS OF MILLIONS OF PEOPLE WHO
PASSIONATELY CARE ABOUT THIS
ISSUE, WHO HAVE BEEN ENGAGED IN
THIS ISSUE.
YOU HAD A THESE UN-- THESE
UNELECTED JUDGES SAYING YOUR
VIEWS DON’T MATTER, AND THERE’S
NO OUTLET FOR YOU TO FIGHT FOR
THEM.
IF, IN FACT, COURT DOES OVERTURN
ROE, THE RESULT IS NOT THAT
ABORTION IS ILLEGAL ACROSS THE
COUNTRY.
THE RESULT IS THATST UP TO THE
PEOPLE, IT’S UP TO DEMOCRACY.
THAT WILL MEAN IN BRIGHT BLUE
STATES, STATES LIKE MISSOURI AND
CALIFORNIA -- AT LEAST FOR THE
IMMEDIATE FUTURE -- NEW YORK,
WE’LL CONTINUE TO SEE ABORTION
ON DEMAND.
MARIA: YEAH.
>> -- IN MY HOME STATE OF TEXAS,
WE’LL SEE SOME MEANINGFUL
RESTRICTIONS.
AND THE RESTRICTIONS WILL VARY
STATE BY STATE, AND THEY WILL
REFLECT THE VALUES AND THE MORES
OF THE CITIZENS IN EACH STATE.
AND THAT’S EXACTLY HOW THE
FRAMERS OF THE CONSTITUTION
INTENDED IT.
AND JUSTICE ALITO’S DRAFT
OPINION EXPLAINS THAT, THAT THIS
RETURNS THE ISSUE TO THE PEOPLE
SO THAT WE, THE PEOPLE, CAN
DECIDE WHAT THE RIGHT ANSWER IS.
MARIA: YEAH.
I WANT TO MOVE ON AND GET YOUR
TAKE ON WHO LEAKED THIS AND THE
PROCESS WITH WHICH ANYBODY COULD
HAVE ACCESS TO SUCH INFORMATION.
WE’VE GOT A GRAPHIC HERE OF THE
JUSTICES WHO WERE NOMINATED BY A
REPUBLICAN PRESIDENT AND THEN
THE JUSTICES NOMINATE BY A
DEMOCRAT PRESIDENT.
YOU WERE A LAW CLERK FOR JUSTICE
REHNQUIST.
YOU MOW WHO HAS ACCESS -- KNOW
WHO HAS ACCESS TO THIS.
TELL US WHO YOU BELIEVE COULD
HAVE LEAKED THIS OR WHETHER OR
NOT THIS IS A SMALL POOL AND IF
WE’RE GOING THE FIND OUT.
THERE IS AN INVESTIGATION
UNDERWAY, CORRECT?
>> CORRECT.
SO LET’S START OFF WITH WHO HAS
ACCESS TO THIS OPINION.
IT IS A VERY SMALL POOL OF
SUSPECTS.
THE COURT ITSELF IS A SMALL
INSTITUTION.
IT’S A BIG BUILDING BUT SMALL
INSTITUTION.
IN TERMS OF WHO HAS ACCESS TO
OPINIONS, YOU’VE REALLY GOT THE
NINE JUSTICES -- AND I DO NOT
BELIEVE ANY JUSTICE DID THAT.
I THINK IT WOULD BE UNIMAGINABLE
FOR A JUSTICE TO DO THIS -- AND
THEN YOU’VE GOT 36 LAW CLERKS.
EACH JUSTICE HAS 4 LAW CLERKS.
YOU MIGHT HAVE A SECRETARY OR A
CLERICAL ASSISTANCE IS, BUT
REALISTICALLY IT’S NOT SOMEBODY
LIKE THAT BECAUSE THE LEAKER
ALSO KNEW CONFIDENTIAL
INFORMATION ABOUT HOW THE
JUSTICES VOTED AT CONFERENCE.
THAT IS HELD INCREDIBLY CLOSE
HOLD WITHIN THE SUPREME COURT.
WHEN I WAS A LAW CLERK FOR CHIEF
JUSTICE REHNQUIST, THE RULES
WERE THE SAME AS THEY ARE NOW
WHICH IS YOU DO NOT TAKE OPINION
DRAFTS OUT OF THE BUILDING.
ALL OF THE WORK IS DONE IN THE
BUILDING.
THAT MEANS MIDNIGHT, 1:00, THE
LAW CLERKS WILL -- ARE ALL THERE
WORK AT THEIR DESKS.
WHEN YOU FINISH WITH THE DRAFT,
EVERY LAW CLERK HAS A BURN BAG,
IT’S A BROWN AND RED BAG, YOU
PUT IT IN THERE.
IT’S LATER SEALED, AND IT’S
SHREDDED -- IN FACT, IT’S.
>> IS REDD TWICE -- SHREDDED
TWICE AND THEN IT’S BURNED.
THAT’S TO PROTECT DECISION
MAKING OF THE COURT.
IT IS ALMOST CERTAINLY ONE OF
THOSE 36 LAW CLERK, AND I THINK
IT IS ALMOST CERTAINLY ONE OF
THE 12 LAW CLERKS THAT ARE
CLERKING FOR THE 3 LIBERAL
JUSTICES.
THAT IS A SMALL SUSPECT POOL.
BEYOND THAT, LOOK, YOU AND I
HAVE BOTH KNOWN AT LOT OF
SUPREME COURT CLERKS.
MANY OF THEM ARE BOOK SMART,
VERY FEW OF THEM ARE STREET
SMART.
I’M CONFIDENT WE DON’T HAVE A
MASTER CRIMINAL WORKING AT THE
COURT.
I THINK THEY’RE -- ALREADY GOING
TO BE ELECTRONIC RECORDS,
E-MAILS OR TEXTS, THERE’S GOING
TO BE PERSONAL MEETINGS BETWEEN
ONE OF THOSE 12 LAW CLERKS AND
THE REPORTERS AT ISSUE HERE.
THERE ARE ALSO -- THE SUPREME
COURT HAS PRETTY SERIOUS
SECURITY MEASURES DESIGNED
FORENSICALLY TO ASCERTAIN WHERE
AN OPINION WAS PRINTED, WHAT
PRINTER PRODUCED IT.
SO I BELIEVE IN THIS
INVESTIGATION IS GOING TO
UNCOVER THE LEAKER, AND I THINK
IT’S GOING TO DO SO RELATIVELY
QUICKLY.
MARIA: SO WHO DO YOU THINK IT
IS?
>> SO I THINK IT’S ONE OF THOSE
12 LAW ARE CLERKS.
AND THIS IS, THIS IS THE
CULMINATION OF A MULTIYEAR
CAMPAIGN FROM SENATE DEMOCRATS
TO POLITICIZE AND DESTROY THE
COURT.
AND IT’S HAD MANY ASPECTS.
IT FEATURED CHUCK SCHUMER
STANDING ON STEPS OF THE COURT
CALLING OUT JUSTICES BY NAME,
THREATENING TO UNLEASH THE
WHIRLWIND, THAT THEY WON’T KNOW
WHAT HIT THEM IF THEY DON’T VOTE
THE WAY SCHUMER WANTS.
THAT’S INCREDIBLY DESTRUCTIVE TO
THE COURT.
IT FEATURES SENATE DEMOCRATS
THREATENING TO PACK THE SUPREME
COURT, TO ADD POUR LEFT-WING
JUSTICES IMMEDIATELY -- FOUR
LEFT-WING JUSTICES IMMEDIATELY.
AND I THINK WHAT HAPPENED HERE
IS YOU ADD HAD SOME LEFT-WING,
WOKE TWIT WHO DECIDED THAT HE OR
SHE WAS SO UPSET, THAT THEY WERE
GOING TO VIOLATE THE TRUST THEY
OWE TO THEIR JUSTICE, TO THE
COURT, TO THE RULE OF LAW.
AND, MARIA, IT IS DIFFICULT TO
OVERSTATE JUST HOW DESTRUCTIVE
THIS IS TO THE COURT.
IT’S THE MOST SERIOUS BREACH IN
THE HISTORY OF OUR NATION --
MARIA: YEAH.
>> THE COURT DEPENDS ON TRUST TO
BE ABLE TO DELIBERATE AND
DECIDE, AND AND THIS PARTISAN
ACTIVIST WHO’S GOING TO BE
CAUGHT, WHO WILL BE FIRED, WHO
WILL BE DISBARRED AND, I HOPE,
WILL BE CRIMINALLY PROSECUTED
DECIDED TO DESTROY THE COURT
INSTEAD.
MARIA: YEAH.
AND THE ACTIVISM CONTINUES.
I MEAN, WE ONLY ARE HAVE 30
SECONDS HERE, SENATOR, BUT DID
YOU WANT TO SAY ANYTHING ABOUT
THE IDEA THAT YOU’VE GOT PEOPLE
OUTSIDE PEOPLE’S HOMES TRYING TO
BULLY AND CHANGE, CHANGE
THINKING?
>> WELL, THAT WAS THE INTENT OF
THIS CLERK.
WE’VE GOT LEFT-WING GROUPS NOW
THAT HAVE PUBLISHED THE
ADDRESSES OF JUSTICES.
THE INTENT OF THIS CLERK WAS TO
BULLY, THREATEN AND INTIMIDATE
THE JUSTICES INTO CHANGING THEIR
VOTES.
AND IT WAS SHAMEFUL THAT THE
WHITE HOUSE REFUSED TO CONDEMN
VIOLENT PROTEST ORS THREATENING
THE FAMILIES OF THE SUPREME
COURT.
MARIA: YEAH.
>> IT IS DISGRACEFUL, AND JOE
BIDEN USED TO BE CHAIRMAN OF THE
JUDICIARY COMMITTEE.
HE KNOWS IT’S DISGRACEFUL.
HE’S LITERALLY THREATENING THE
LIVES OF THESE JUSTICES BY THE
MOB THEY’RE UNLEASHING.
IT’S THE SAME THING WE SAW WITH
BLACK LIVES MATTER AND ANTIFA
RIOTS WHERE THE LEFT E EMBRACED
THEM, AND NOW THEY’RE EMBRACING
MOB VIOLENCE TO GET THEIR
PARTISAN OUTCOME.
MARIA: REALLY, REALLY
DISHEARTENING.
WHEN YOU COME BACK, SENATOR,
YOU’LL HAVE TO TALK ABOUT YOUR
QUESTIONING ANTONY BLINKEN, I