AT 6
UP WITH US, WE ARE TRYING TO AT 6
UP WITH US, WE ARE TRYING TO UNBUNDLE WHAT HAPPENED DURING THE OVERNIGHT HOURS WITH THIS
POLITICAL REPORT. IT’S A NEWS
SITE THAT’S REPORTING OF A
LEAKED DRAFT OPINION THAT MAY
INDICATE THE NATION’S HIGHEST
COURT MAY OVERTURN ROLL V. WADE
SO JOINING ME THIS MORNING TO
TALK MORE ABOUT THIS IS OUR
FORMER U. S ATTORNEY. FROM THE
EASTERN DISTRICT. BARBARA
MCQUADE. THANK YOU SO MUCH FOR
JOINING US. THANKS VERY MUCH FOR
CONDUCT LIKE I KNOW IT’S BEEN A
BUSY MORNING ON MSNBC THIS
MORNING AS WELL. CAN YOU TALK US
THROUGH THIS? THIS IS AN
UNPRECEDENTED SITUATION WHERE A
DRAFT DOCUMENT FROM A U. S.
SUPREME COURT JUSTICE HAS BEEN
LEAKED. HAS THIS EVEN EVER
HAPPENED BEFORE? YEAH THIS IS
THE LEAK ITSELF IS HUGE NEWS
ROUNDUP. BUT EVEN BIGGER NEWS,
OF COURSE, IS THE SUBSTANCE OF
WHAT’S IN IT COMPLETELY
OVERRULING ROE VERSUS WADE. AND
ELIMINATING ANY RIGHT TO
ABORTION WHATSOEVER FOR WOMEN IN
AMERICA. IT’S NOT 15 WEEKS. IT’S
NOT 16 WEEKS IS THAT SIX WEEKS
IT’S NEVER THERE IS NO RIGHT TO
ABORTION IN AMERICA. AND THERE
IS NO EXCEPTION FOR RAPE. THERE
IS NO EXCEPTION FOR INCEST. UH
IT’S SIMPLY DISAPPEARS. THE 1973
RULING IN ROE VERSUS WAY THAT
HAD GIVEN WOMEN IN AMERICA THE
RIGHT TO AN ABORTION. SO IF THIS
DRAFT OPINION IN THE SUPREME
COURT IS NEARING THIS DECISION
TO OVERTURN ROE V. WADE HELP US
UNDERSTAND THE IMPLICATIONS OF
THIS ACROSS THE COUNTRY AND HERE
IN THE STATE OF MICHIGAN. YES SO
WHAT? WHAT PREVENTED STATES FROM
ENACTING BANS ON ABORTION BEFORE
NOW WAS THAT ROE VERSUS WADE WAS
THERE THAT SAID THAT THERE IS A
CONSTITUTIONAL RIGHT TO HAVE AN
ABORTION UP UNTIL THE TIME THE
FETUS REACHES VIABILITY, WHICH
IS ABOUT 4 24 WEEKS AND SO WHAT
WE’VE SEEN. ARE THESE CHALLENGES
COMING DOWN FROM OTHER STATES?
THIS ONE WAS THE CASE OUT OF
MISSISSIPPI, WHERE THE
LEGISLATURE ENACTED A BAN AFTER
15 WEEKS RATHER THAN, SAY, 15
WEEKS, THE COURT SAID, WHOLE HOG
THERE IS NO RIGHT TO ABORTION
WHATSOEVER. SO MANY STATES HAVE
WHAT ARE CALLED TRIGGER LAWS,
WHICH IS IN THE INTERIM, SINCE
1973 THAT THEIR LEGISLATURES
HAVE PASSED LAWS THAT SAY IF ROE
VERSUS WADE IS EVER OVERTURNED.
THEN WE WILL MAKE ABORTION
ILLEGAL IN OUR STATE. THERE ARE
13 OF THOSE. THERE’S ANOTHER
DOZEN OR SO STATES LIKE MICHIGAN
THAT HAD PRE EXISTING LAWS ON
THE BOOKS THAT BECAME ILLEGAL.
WHEN ROE VERSUS WADE WAS KEPT,
IT WAS DECIDED IN 1973. SO HERE
IN MICHIGAN, WE HAVE A 1931 LAW
THAT MAKES IT A FELONY TO
PERFORM AN ABORTION. AND NOW
THAT ROE VERSUS WADE HAS BEEN
OVERTURNED OR APPEARS THAT IT’S
HEADED IN THAT DIRECTION. THAT
LAW IS RESUSCITATED. AND SO AS
SOON AS WROTE IS OVERTURNED.
THEN THE LAW OF THE STATE OF
MICHIGAN IS THAT IS IT IS A
FELONY TO PROVIDE AN ABORTION IN
OUR STATE, AND WE SHOULD SAY
THAT THIS IS JUST A DRAFT
OPINION RIGHT NOW. THE FULL
ACTUAL OPINION WON’T HAPPEN
UNTIL THIS SUMMER, BUT YOU
INDICATED THIS LAW BACK IN 1931
THAT’S ON THE BOOKS HERE IN
MICHIGAN THAT WOULD MAKE IT
ILLEGAL. IF ROE V. WADE IS
OVERTURNED TO HAVE AN ABORTION
AND R MICHIGAN GOVERNOR GRETCHEN
WHITMER IS WORKING TO TRY AND
MAKE THAT LAW UNCONSTITUTIONAL.
SO WHAT IS THAT PROCESS AND HOW
SUCCESSFUL COULD SHE BE? THE LAW
FROM 1931 IS A LITTLE BIT
ARCHAIC. IT USES TERMINOLOGY
THAT WE DON’T USE TODAY. AND SO
I THINK THERE IS ACTUALLY A
DECENT SHOT OF CHALLENGING IT
BEFORE OUR MICHIGAN STATE
SUPREME COURT WHERE THERE IS A
MAJORITY OF MEMBERS WHO ARE
PROGRESSIVE SELECTED BY THE
CONVENTIONS OF THE DEMOCRATIC
PARTY, SO PERHAPS THAT VOTES FOR
A DIFFERENT OUTCOME THAN WE’VE
SEEN IN THE U. S SUPREME COURT
AND THERE IS A VIOLATION OF DUE
PROCESS WHEN A STATUTE USES
LANGUAGE THAT IS VAGUE AND I
THINK THAT THERE IS A FAIR
ARGUMENT TO BE MADE THAT THIS
STATUTE DOES THAT. SO THAT’S ONE
AVENUE. THE OTHER IS. ATTORNEY
GENERAL DANA NESSEL HAS PLEDGED
NOT TO ENFORCE THIS LAW, AS HAS
OAKLAND COUNTY PROSECUTOR KAREN
MCDONALD AND SO WITHOUT A
PROSECUTOR ENFORCING THE LAW,
THAT MEANS IT, PEOPLE CAN
VIOLATE IT WITHOUT ANY
REPERCUSSIONS. UM, BUT WHAT’S
INTERESTING ABOUT THAT IS IT
COULD BE THIS VERY CURIOUS
SCENARIO. WHERE IT WOULD BE
PERMISSIBLE TO PERFORM ABORTIONS
IN SOME COUNTIES IN MICHIGAN,
WHERE YOU HAVE A PROSECUTOR WHO
IS GOING TO DECLINE TO ENFORCE
IT, AND IN SOME COUNTIES WHERE
IT IS A CRIME. NOW I IMAGINE
THAT IF IT’S A CRIME ANYWHERE
THERE WILL BE THAT CHILLING
EFFECT THAT MOST PERFORMERS,
MOST HEALTH PROVIDERS ARE GOING
TO STAND DOWN AND NOT WANT TO
PERFORM ABORTIONS IN MICHIGAN.
WELL, THERE IS SO MUCH MORE THAT
I WOULD LIKE TO ASK YOU WHAT WE
ARE OUT OF TIME RIGHT NOW. THANK