IS STILL ONGOING.
>> Shannon: TRACE GALLAGHER,
THANK YOU.
A SUPREME COURT SHOWDOWN.
LET'S BRING IN THE PANEL.
THE HARVARD PROFESSOR, THE BOOK
THAT WILL DEBUT ON
"THE NEW YORK TIMES" BEST SELLER
LIST AND DOUG SHOWN, BY THE WAY
I FOUND OUT TONIGHT, YOU WERE A
STUDENT.
>> I WAS A TERRIFIC STUDENT.
>> Shannon:
"THE NEW YORK TIMES" SAYS THIS,
ALABAMA AIMED SQUARELY BUT THE
SUPREME COURT MAY SUPPORT A
GLANCING BLOW WAS BECAUSE THE
INCREMENTALISM IT IS NOT LIKELY
TO WANT TO TAKE ON A DIRECT
CONFRONTATION WITH THAT
PRESIDENT.
>> I THINK THAT IS EXACTLY
RIGHT.
THE COURT HAS NO POWER TO DO
ANYTHING BUT STRIKE THIS DOWN
BECAUSE THEY ARE BOUND BY
ROE V. WADE IN THE SAME THING IS
TRUE AT THE COURT OF APPEALS SO
THE QUESTION IS WILL THEY GRANT
THIS?
THEY WON'T, YOU NEED FIVE TO
REVERSE AND THEY WON'T GRANT
THAT UNLESS THEY HAVE FIVE.
BRETT KAVANAUGH AND ROBERTS
BELIEVE IN THE POWER OF
PRECEDENT ALTHOUGH THEY
PERSONALLY BELIEVE IN A RIGHT TO
LIFE AND ARE AGAINST THAT.
THEY WANT UPSET THE PRESIDENT.
>> Shannon: ARE A NUMBER OF
OTHER STATES TALKING ABOUT DOING
SIMILAR THINGS, CHIPPING AWAY AT
ABORTION RIGHTS AND IN RESPONSE
TO THAT, THE PHYSICIAN AND
GOVERNOR OF VIRGINIA AND YOU SAW
HIS COMMENT.
HE SAID MY VETO AND IS READY AND
FULL OF INK.
HE STILL HAS THIS CONTROVERSY.
>> MY ADVICE WOULD BE TO LOWER
HIS VOICE ON THIS ISSUE AND A
LOT OF ISSUES.
MY TAKE ON THIS IS THAT THE REAL
CHALLENGE IS POLITICALLY, THE
SUBURBAN SWING VOTERS WHO WENT
FOR TRUMP 2016 MOVED TO THE
DEMOCRATS AND 2018 AND THE
MIDTERM.
MOST OF THEM, 70% PARTICULARLY
THE WOMEN ARE PRO-CHOICE.
THIS IS AN EXTREME MEASURE AS
PAT ROBINSON SAID, IT WILL HELP
THE DEMOCRATS AND 2020 AND
FRANKLY THE BEST NEWS THAT THE
REPUBLICANS WOULD GET WOULD BE
TO LOWER THE TONE, GET THIS
KNOCKED OUT AND DECLARED
UNCONSTITUTIONAL AND RUN A
CAMPAIGN ON THE ECONOMY COME ON
PEACE THAT NOW CURRENTLY EXISTS
IN OUR STRENGTH IN THE WORLD,
NOT NOT ABORTIONS.
>> Shannon: THIS IS WHAT THE
SENATOR SAID ABOUT IT.
ALABAMA REACHES A NEW
UNCONSTITUTIONAL LOW COME
ABORTION IS NOT A CRIME IT'S A
MEDICAL PROCEDURE.
A CONSTITUTIONAL RIGHT AND ABOVE
ALL ELSE A CHOICE FOR WOMEN TO
MAKE WITHOUT GOVERNMENT
INTERFERENCE.
YOU THOUGHT JUST ABOUT EVERY
2020 CONTENDER ON THE SIDE WHEN
AFTER THIS TODAY.
IS HE RIGHT THAT THIS COULD
BACKFIRE NEXT YEAR?
>> I THINK POTENTIALLY IT COULD
BE BECAUSE OF THE LENGTHS TO
WHICH THE LOGOS.
I AM PROUDLY PRO-LIFE, ONE OF MY
BIGGEST ISSUE IS WHY I AM A
CONSERVATIVE BUT THERE ARE
CERTAIN ELEMENTS OF THIS BILL,
THE LAW ALTHOUGH IT WILL BE
THROWN OUT THAT I AM
UNCOMFORTABLE WITH AS TERMS OF
PRACTICAL STANDPOINTS AND HOW
YOU WOULD ENFORCE IT.
OVERALL I'M IN FAVOR OF MEASURES
THAT WOULD PROTECT THE SANCTITY
OF HUMAN LIFE EARLIER ON.
I THINK THE QUOTE WE PUT UP
THERE TALKS ABOUT WOMEN HAVING
THE RIGHT TO CONTROL THEIR OWN
BODIES AND I THINK WE ALL AGREE
WITH THAT.
THE QUESTION IS, WHEN TO
SOMEBODY ELSE'S BODY GET RIGHT?
AT WHAT STAGE DOES A NEW PERSON
EXIST THAT IT IS ENTITLED TO
LEGAL PROTECTIONS.
IT'S A TRICKY ONE.
ALL THE BACKLASH TALK, ALABAMA
HAS GONE IN ONE DIRECTION AND WE
HAVE SEEN SOME OF THESE
HEARTBEAT BILLS.
AS WE SAW ON THE MAP, OTHER
STATES HAVE GONE THE OPPOSITE
DIRECTIONS
DIRECTION WITH BILLS THAT ARE
RADICAL AND AM STRUCK REALLY BY
OUR DISTINGUISHED OTHER GUEST
HERE ARE TAKING LEGAL AND
POLITICAL ADVANTAGE POINT AND I
WANT TO TALK ABOUT THE MEDIA
VERY BRIEFLY.
THE DEGREE OF ALARM AND HORROR
BEING EXPRESSED IN THE TONE AND
VOLUME OF THE COVERAGE OVER THE
ALABAMA STATUTE IS REALLY QUITE
DIFFERENT THAN WHAT WE SAW
WHETHER IT WAS IN NEW YORK OR
OREGON THAT HAVE IMPOSED REALLY
DRACONIAN PRO-ABORTION LAWS
BECAUSE BY ENLARGED THE MEDIA
HAS ITS THUMB ON THE SCALE.
>> SO DOES THE AMERICAN PUBLIC.
>> IT'S THE CRIMINALIZATION OF A
DOCTOR'S BEHAVIOR.
>> Shannon: POTENTIALLY 99
YEARS.
>> THAT IS WHAT I WAS ALLUDING
TO.
>> ROE V. WADE WAS A GIFT TO THE
REPUBLICAN PARTY BECAUSE IT TOOK
THE ISSUE OUT OF POLITICS WHERE
PRO-CHOICE WINS OVER PRO-LIFE
ALMOST EVERYWHERE EXCEPT IN A
SMALL NUMBER OF STATES AND WHAT
THE REPUBLICANS ARE DOING NOW
FOOLISHLY IS TRYING TO GIVE THAT
GIFT AWAY.
>> I DON'T AGREE WITH THAT.
>> I THINK AMERICANS SUPPORT A
WOMAN'S RIGHT TO CHOOSE, MAYBE
NOT THE LAST MONTH, BUT MOST
AMERICANS.
CERTAINLY NOBODY WANTS TO SEE
DOCTORS IN PRISON.
>> Shannon: TO YOUR POINT,
THERE IS STILL A PRETTY EVEN
SPLIT WHEN YOU TALK ABOUT, DO
YOU DESCRIBE YOURSELF AS
PRO-LIFE OR PRO-CHOICE AND WHEN
YOU ASK THEM ABOUT TIME LIMITS,
THIRD TRIMESTER OR FIRST
TRIMESTER.
THERE ARE PLENTY OF PEOPLE WHO
ARE FOR LIMITS WHEN YOU PRESS
THEM ON THE TIME FRAMES.
>> THE VAST MAJORITY ARE AS A
MATTER OF FACT.
THE FIRST TRIMESTER IS TRICKY
AND MOST AMERICANS DO BASED ON
THE POLLS SUPPORT A WOMAN'S
RIGHT TO CHOOSE IN THE FIRST
TRIMESTER, BUT WHEN YOU START
LOOKING AT MID TRIMESTER OR LATE
TERM ABORTION THE NUMBER DROPS
AND YOU HAVE SUPER MAJORITIES
INCLUDING THE MAJORITY OF
PRO-CHOICE PEOPLE WOULD TURN
AGAINST ABORTION AND THE
CIRCUMSTANCES AND SO WHILE
ALABAMA, YOU CAN'T MAKE IT MORE
STRINGENT THAN THEY HAVE AND I
DON'T THINK THAT WOULD REALLY
GARNER SUPPORT PROBABLY EVEN A
MAJORITY OF ALABAMIANS.
BRING THE AMERICAN LEGAL SYSTEM
AND LINED WITH WESTERN EUROPE
WOULD BE A SIGNIFICANT INCREASE
IN HUMAN RIGHTS AND A MASSIVE
IMPROVEMENT OVER THE CURRENT
REGIME UNFORTUNATELY IN A LOT OF
STATES.
>> Shannon: SO MUCH OF THE
PROGENY CAME INTO MY ABILITY AND
THAT IS CHANGING OVER TIME
BECAUSE OF MEDICAL AND
SCIENTIFIC ADVANCES.
PEOPLE ARE SEEING IMAGES OF
THESE BABIES AND IT LOOKS LIKE A
CHILD TO THEM.
>> DEMOCRATS LOSE ON A THIRD
TRIMESTER ABORTIONS.
HE IS RIGHT.
IF A DEBATE THAT THEY WILL HAVE
A WINNING ISSUE BUT AS HE WAS
SAYING, IF IT'S PRO-CHOICE FIRST
PRO-LIFE IN THE CONTEXT OF THIS
LEGISLATION IT IS CURTAINS FOR
THE REPUBLICANS.
>> THAT IS THE POINT TOO.
IF YOU WANT TO GET ROE V. WADE
NARROWED YOU HAVE TO DO IT VERY
OR MENTALLY.
THAT WAY YOU HAVE A CHANCE OF
GETTING BRETT KAVANAUGH, A
CHANCE OF ROBERTS OTHERWISE HE
WILL ONLY A SMALL NUMBER.
EVERY CONSIDERATION, CRITICALLY,
THEY ALL POINT IN FAVOR OF NOT
HAVING THE KIND OF ALABAMA
EXTREME STATUTE.
>> Shannon: THERE WERE SEVERAL
OTHER THINGS THE COURTS WILL BE
CONSIDERING WHICH ARE MUCH MORE
INCREMENTAL.
THANK YOU TO ALL OF HER EXPERTS.