BE THE IMPACT IN A SPLIT NATION.
>> A MONUMENTAL DAY IN AMERICA
WITH THE SUPREME COURT
OVERTURNING ROE V. WADE.
I’M DANA PERINO WITH KATIE PAVE
PAVE -- PAVLICH AND GREG
GUTFELD.
THIS IS "THE FIVE."
THE SUPREME COURT SENDING THE
ISSUE OF ABORTIONS BACK TO THE
STATE.
THEY OVERTURNED THE 50-YEAR-OLD
RULING ON ROE V. WADE WHICH
GUARANTEED WOMAN TO A FEDERAL
RIGHT OF ABORTION.
BOTH SIDES OF THE DEBATE
GATHERING OUTSIDE THE HIGH COURT
AS AMERICA ABSORBS THE NEWS.
PRESIDENT BIDEN COMING OUT
ATTACKING THE DECISION.
>> IT’S A SAD DAY FOR THE COURT
AND FOR THE COUNTRY.
KNOW WITH ROE GONE, THE HEALTH
AND LIFE OF WOMEN IN THIS NATION
ARE NOW AT RISK.
WITH THREE JUSTICES NAMED BY ONE
PRESIDENT, DONALD TRUMP, WITH A
CORE OF TODAY’S DECISION TO
UPEND THE SCALES OF JUSTICE AND
ELIMINATE A FUNDAMENTAL RIGHT
NOR WOMEN IN THIS COUNTRY.
IT’S A REALIZATION OF AN EXTREME
IDEOLOGY AND A TRAGIC ERROR BY
THE SUPREME COURT IN MY VIEW.
BUT THIS DECISION MUST NOT BE
THE FINAL WORD.
>> FOR MORE, LET’S GO TO SHANNON
BREAM.
SHANNON, WE WERE ON TELEVISION
THIS MORNING TOGETHER ON
"AMERICA’S NEWSROOM" AS THE NEWS
BROKE.
YOU WERE ABLE TO QUICKLY READ
THE DECISION, DISCERN IT.
I’M WONDERING NOW HOW IT’S
SETTLED IN FOR YOU.
>> YEAH, A COUPLE OF THINGS
INTERESTING THAT THIS MORNING --
NORMALLY WHAT HAPPENS WITH THE
SUPREME COURT OPINION, WE HAVE
ALL OF THE SOUND AND FURY AND
THE GROUPS WILL GO AWAY.
WE HAVE THE OPPOSITE.
MORE AND MORE PEOPLE ARE SHOWING
UP.
THEY’RE CHANTING, VOWING THIS IS
NOT THE END.
IT’S INTERESTING TO HEAR
PRESIDENT OF THE UNITED STATES
SAY THIS CAN’T BE THE FINAL WORD
SAYING THIS TO THE JUDICIAL
BRANCH, TO THE INDEPENDENT
BRANCH FROM HIM.
RIGHT NOW THE SUPREME COURT IS
THE FINAL WORD ON THIS.
THE LEFT HAS BEEN PUTTING THIS
IN TERMS OF TAKING AWAY A
CONSTITUTIONAL RIGHT.
WHAT THE RIGHT HAS ARGUED AND
WHAT THE COURT SAID, THERE WAS
NEVER A CONSTITUTIONAL RIGHT TO
AN ABORTION UNDER ROE.
PEOPLE WERE WORRIED THIS HAD
WEAK UNDERPINNINGS.
RUTH GPSBURG WAS WORRIED THAT IT
WAS SUSCEPTIBLE TO CHALLENGE,
EXACTLY LIKE WHAT WE’VE SEEN
PLAY OUT TODAY.
THE PRESIDENT AND THE SPEAKER OF
THE HOUSE MADE COMMENTS TO THE
EFFECT THAT YOU HAVE TO GET TO
THE POLLS.
IT’S SMART FOR THEM TO MARCH
NECESSARY THIS POLITICALLY.
THEY’RE SAYING THE SAME THINGS
LIKE SAME SEX MARRIAGE IS NOW A
THREAT.
THEY’RE POINTING IN A LINE TO
JUSTICE THOMAS.
HE SAID THERE’S NOTHING IN THIS
OPINION TODAY, THIS ABORTION
OPINION THAT HAS ANYTHING TO DO
WITH THOSE RIGHTS.
IT WILL NOT IMPACT THEM.
SHOULD NOT.
HE SAYS THAT HE THINKS THE
COURTS SHOULD ENGAGE IN A
DIFFERENT PROCESS FOR CASES
MOVING FORWARD AND HE MENTIONS
BANNING THE DUE PROCESS RIGHTS
IN CASES LIKE THE ONE THAT MADE
SAME SEX MARRIAGE LEGAL IN ALL
50 STATES.
SO EVERYBODY THAT SIGNED ON TO
THIS OPINION TODAY AGREES
THERE’S NO THREAT.
LET ME READ SOMETHING FROM
JUSTICE A LEE TO TO THE OTHER
KEY OPINIONS.
HE SAYS WE HAVE STATED THAT
NOTHING IN THIS OPINION SHOULD
BE UNDERSTOOD TO CAST DOUBT ON
PRECEDENTS THAT DO NOT CONCERN
ABORTION.
WE HAVE EXPLAINED WHAT IS -- WHY
THAT IS SO.
RIGHTS REGARDING CONTRACEPTION.
THE LATTER AS WE HAVE STRESSED
UNIQUELY TERMS POTENTIAL LIFE.
IT’S HARD TO SEE HOW WE COULD BE
CLEARER.
SO WHILE THE LEFT WILL CONTINUE
TO MAKE HAY OUT OF THAT, THE
COURT HAS BEEN VERY CLEAR THOSE
RIGHTS WILL NOT BE UNDER ATTACK
BECAUSE OF THIS DECISION TODAY.
DANA?
>> THANKS, SHANNON.
YOU’VE DONE INCREDIBLE WORK AND
HAVE A LOT OF WORK CUT OUT FOR
YOU.
MARTHA, ONE OF THE THINGS GOING
INTO THIS IS ABOUT 65% OF
AMERICANS BELIEVE THAT ROE BEING
OVERTURNED IT WAS JUST BANNED
ALL ACROSS THE COUNTRY.
WHAT WE’RE TRYING TO EXPLAIN TO
PEOPLE, THIS SENDS THE DECISION
BACK TO THE STATES.
IN SOME STATES LIKE IN NEW YORK
YOU WON’T HAVE ANY CHANGES.
IN OTHER STATES LIKE PERHAPS
MISSOURI, FOR EXAMPLE, OR EVEN
TEXAS, YOU WILL HAVE SIGNIFICANT
CHANGES.
>> THAT’S RIGHT.
AND I’M AMAZED BY HOW MANY
PEOPLE -- A LOT OF US AND
SHANNON SPEND A LOT OF TIME
FOCUSED ON THE WAY THAT THE
JUSTICE AS PROVEN THESE SORT OF
DECISIONS.
DOESN’T JUST -- THEY DON’T WAKE
UP AND SAY WE HAVE A MAJORITY IN
THE COURT.
WHY DON’T WE OVERTURN ROE V.
WADE?
THEY HAD A CASE BEFORE THEM.
MISSISSIPPI HAD A 15 BAN.
IT WAS A SHORTER BAN THAN IN ROE
V. WADE SO IT GOES UP TO THE
COURT.
THEY HAVE TO MAKE THIS DECISION
ON IT.
MORE THAN HALF THE STATES LOOK
LIKE THEY WILL MAINTAIN THEIR
ABORTION RIGHTS AND LOOKS LIKE
ABOUT HALF OF THEM WILL EITHER
BAN OR WILL HAVE SIX WEEK OR 15
WEEK BANS, WHICH IS A
CONSIDERABLE PERIOD OF TIME.
IT’S INTERESTING IN OUR POLLING,
54% OF THOSE SAY THAT THEY THINK
IT’S RIGHT TO BAN AFTER 15
WEEKS.
THAT’S CLOSE TO FOUR MONTHS OF
PREGNANCY.
THAT SAYS THAT SEEMS LIKE A
REASONABLE MEASURE, A REASONABLE
POINT.
SO WHEN YOU GET BEHIND THIS, YOU
REALIZE THAT IT IS GOING TO BE
NUANCED.
THERE WILL BE PLACE THERES THE
COUNTRY WHERE IT’S MORE
DIFFICULT TO GET ABORTION.
I’LL POINT OUT ONE THING, THAT
WE HAVE SEEN REALLY A COMPLETE
CHANGE IN ABORTION IN THIS
COUNTRY.
MORE THAN HALF OR 60% OF
ABORTIONS IN THE COUNTRY ARE
DONE BY PRESCRIPTION PILL THAT
COMES IN THE MAIL.
THEY’RE NOT DONE AT CLINICS.
THAT’S ONE OF THE REASONS THAT
YOU’VE SEEN CLINICS SHUTTING
DOWN.
IT’S NOT JUST OPPOSITION TO
ABORTION.
IT’S ALSO THAT THEY HAVE --
THEIR BUSINESS IS SHRINKING.
A LOT OF PEOPLE SAY THAT’S A
GOOD THING.
A GOOD DEVELOPMENT IN THIS.
WE REMEMBER WHEN BILL CLINTON
SAID HE WANTED TO SEE ABORTION
THAT WAS SAFE AND LEGAL AND
RARE.
THAT’S NOT THE VOICES THAT WE’RE
HEARING ON THE OTHER SIDE OF
THIS DEBATE RIGHT NOW.
>> THIS DECISION HAS BEEN
DERIDED AS ONE THAT WAS NOT A
DECISION WELL-MADE AND AN
ARGUMENT WELL-MADE.
THE RUTH GINSBERG SAID THAT.
EVEN THOUGH THIS DECISION LEAKED
IN A MEMO ABOUT 55 DAYS AGO, IT
STILL CAN BE SHOCKING FOR SOME
THAT IT TURNED OUT THE WAY THAT
IT DID.
>> ABSOLUTELY.
I WAS ONE OF THOSE PEOPLE THAT
KNEW IT WAS COMING.
I WAS ON WITH YOU GUYS TALKING
ABOUT IT THE DAY THE OPINION GOT
LEAKED.
I FELT THE PAIN OF IT, NOT JUST
FOR MYSELF BUT FOR MILLIONS OF
WOMEN ACROSS THE COUNTRY THAT
DEPEND ON SAFE AND LEGAL ACCESS
TO ABORTION AND TO WOMEN’S
HEALTHCARE MORE GENERALLY.
RUTH BADER GINSBERG HAD A
PROBLEM WITH THE OPINION.
SHE’S NOT HAD A PROBLEM WITH THE
RIGHT TO ABORTION.
THE ORIGINAL CASE WAS A PRIVACY
CASE.
IT WAS 7-2.
THE CHIEF JUSTICE WAS APPOINTED
BY A REPUBLICAN.
IT’S SOMETHING THAT HAS GOTTEN
LOST IN THE CONVERSATION.
PEOPLE ARE NOT USING THE PRIVACY
WORD ENOUGH HERE.
I FIRMLY BELIEVE THAT IF THIS
WAS A CASE, IF MEN WERE THE
PEOPLE THAT WERE CARRYING THE
CHILDREN, THAT THIS WOULD NEVER
HAVE HAPPENED.
I THINK THAT WOMEN ARE BEING PUT
IN A TERRIBLE POSITION.
THE STATISTICS ARE CLEAR ABOUT
WHO THIS IS GOING TO AFFECT THE
MOST, WOMEN THAT EARN LESS,
PREDOMINANTLY WOMEN OF COLORS.
THERE’S A LACKSNESS TO THE IDEA
THAT IT’S JUST EASY TO CROSS
STATE LINES TO JUST GO GET AN
ABORTION.
IN WEST VIRGINIA AND ARKANSAS,
ALL ABORTIONS WERE CANCELLED
MOVING FORWARD.
THEY’RE NOT JUST FOR WOMEN THAT
GOT PREGNANT BY ACCIDENT BECAUSE
THEY SLEPT WITH THE WRONG GUY.
IT’S MEDICAL REASONS, PROTECTING
THE LIFE OF THE MOTHER.
SOME OF THESE STATES WILL HAVE
NO EXCEPTIONS FOR RAPE OR
INCEST.
IT’S HARD TO BELIEVE FOR THE
CONSERVATIVES -- I SAW TED CRUZ
ON EARLIER TOUTING THE RULING.
THAT IF ONE OF HIS DAUGHTERS GOT
PREGNANT BECAUSE SHE GOT RAPED,
THAT HE WOULDN’T DO EVERYTHING
IN HIS POWER THAT SHE WOULDN’T
HAVE TO CARRY THE BABY TO TERM.
THE HYPOCRISY IS BEYOND
COMPREHENSION HERE.
REPUBLICAN WOMEN GET PREGNANT,
TOO.
I’M NOT SAYING WE CAN’T HAVE A
CONVERSATION ABOUT 15 WEEKS, 20
WEEKS.
A LOT OF PRO CHOICE PEOPLE HAVE
NUMBERS LIKE THAT.
WHEN THIS GOES BACK TO STATES,
13 OF WHICH HAVE TRIGGER LAWS
THAT GO INTO EFFECT RIGHT AWAY,
THAT MEANS THAT AT SIX WEEKS
WHEN THEY DON’T HAVE YOU COME IN
FOR A HEARTBEAT APPOINTMENT AT
THAT POINT, WOMEN ARE PUTTING IN
AN UNFAIR POSITION.
I WAS ON MARTHA EARLIER.
WE WERE TALKING ABOUT WHAT
GORSUCH AND KAVANAUGH SAID.
AN SUSAN COLLINS SAID THAT SHE
WAS MISLED.
ROW V WADE WAS THE LAW OF THE
LAND.
HE DECEIVED THE SENATORS AND THE
AMERICAN PEOPLE.
KAVANAUGH AS WELL.
THERE’S LANGUAGE FROM LANGUAGE
FROM AMY CONEY BARRETT.
>> AND JONATHAN TURLEY PUSHED
BACK HARD.
KATIE, THERE’S A LOT OF WOMEN
THAT SUPPORT THIS DECISION AND A
LOT OF WOMEN THAT HAVE FIGHT FOR
THIS RULING TO BE OVERTURNED AND
SENT BACK TO THE STATES.
>> YEAH.
A NUMBER OF PRO LIFE
ORGANIZATIONS, ALMOST ALL OF
THEM ARE RUN BY WOMEN.
THE SUSAN B. ANTHONY LIST, THE
MARCH FOR LIFE AND THE NARRATIVE
IS THAT WOMEN DISAGREE WITH THIS
DECISION.
THAT’S NOT TRUE.
>> Martha: THIS FOR PRO LIFE
ACTIVISTS TODAY IS A HUGE
VICTORY THAT THEY’VE BEEN
WORKING ON FOR FIVE DECADES,
THIS IS SOMETHING THAT THEY
BELIEVE IS FAR OVERDUE.
IT’S AN INJUSTICE.
THIS HAS BEEN CORRECTED AT A
FEDERAL LEVEL.
THE FACT IS THIS IS BEING SENT
BACK TO THE STATES HAS EXPANDED
DEMOCRACY BY ALLOWING 50 STATE
LEGISLATURES TO DEBATE THIS TO
BE ACCOUNTABLE TO THE PEOPLE IN
THEIR STATES ABOUT WHAT THEY
WANT TO DO.
AND THE FIGHT FOR THE PRO LIFE
ACTIVISTS AND THE PRO ABORTIONS
ACTIVISTS IS NOT OVER.
THEY HAVE TO CONVINCE PEOPLE IN
THEIR STATES THAT AN ABORTION
BAN WITH SOME EXCEPTIONS OR NO
EXEMPTIONS, THAT THAT IS
POLITICALLY FEASIBLE AND
SOMETHING THAT THE PEOPLE THAT
LIVE IN THAT STATE WANT.
THE TENTH AMENDMENT SAYS
ANYTHING THAT IS NOT IN THE
CONSTITUTION SPECIFICALLY IS
SENT BACK TO THE STATES AND THE
PEOPLE THAT LIVE IN THOSE
STATES.
THAT’S WHAT HAS HAPPENED TODAY.
AND ALSO WHEN IT COMES TO HOW
YES GET TO THIS MOMENT, BLAME
DEMOCRATS FOR THIS IN A WAY.
RUTH BADER GPSBURG DIDN’T WANT
TO RETIRE.
SHE COULD HAVE RETIRED EARLIER.
COULD HAVE BEEN A DEMOCRATIC
SEAT.
HILLARY CLINTON LOST TO DONALD
TRUMP AFTER TAKING ADVANTAGE AND
TAKING FOR GRANTED THE CAMPAIGN,
NOT WORKING AS HARD AS SHE COULD
HAVE.
AND HARRY REID CHANGED THE RULES ON THE FILIBUSTER.
ON THE FILIBUSTER.
SO IT’S EASIER TO CONFIRM
JUSTICES.
IT’S NOT OVER.
THIS WILL CONTINUE AT THE STATE
LEVEL AND PRO LIFE GROUPS LED BY
WOMEN WILL CONTINUE TO FIGHT IT.
>> THERE’S ONE -- WE WANT TO
PLAY THIS FOR YOU, THIS IS
ALEXANDRIA OCASIO-CORTEZ.
THIS IS HER TAKE TODAY.
WATCH.
>> WHAT THE SUPREME COURT
JUSTICES CHOSE TO DO, ENDANGER
THE LIVES OF ALL WOMEN AND ALL
PREGNANT PEOPLE IN THIS COUNTRY.
NOT ONLY THAT, THEY HAVE CHOSEN
TO STRIP RIGHTS FROM MEN, TOO.
>> ALL BIRTHING PEOPLE.
>> MUST NOT FORGET THE BIRTHING
PEOPLE.
THEY’RE NOW THE MOST IMPORTANT
PEOPLE ON THE PLANET.
BECAUSE THEY’RE BEING INCLUDED
IN EVERYTHING.
I THINK THE REAL INJUSTICE TODAY
IS THAT I AM THE ONLY MALE ON
THIS PANEL.
STILL NOT IN THE CENTER SEAT.
THINK ABOUT THAT.
WHAT IS THAT?
IN ALL SERIOUSNESS, IT’S AS BAD
AS THE KNICKS TRADES LAST NIGHT.
TIM DUDE HERE.
SPORTS HUMOR THERE.
ONE LUCKY GUY.
I’LL BE SHORT BECAUSE I’M THE
ONLY GUY HERE.
EVEN THOUGH MY OPINION MATTERS
MORE THAN ALL OF YOU COMBINED.
THERE’S AN OBVIOUS ONE SENTENCE
EXPLANATION.
GUNS ARE IN THE CONSTITUTION.
ABORTION ISN’T.
LET THE STATES FIGURE IT OUT.
THAT SOUNDS HARSH.
THAT’S ACTUALLY INARGUABLE.
IT’S NOT IN THE CONSTITUTION.
I DO FEEL BAD FOR LIBERALS AND
THE MEDIA.
SOMEONE SHOULD CHECK IN ON THE
"THE VIEW."
WE SHOULD REMOVE ALL SHARP
OBJECTS FROM THEIR SET AND SHOE
LACES.
I THINK YOU CAN HAVE THREE OR
FOUR DIFFERENT OPINIONS IN YOUR
HEAD.
YOU CAN ADMIT THAT ROE V. WADE
WAS A DEEPLY FLAWED RULING, NOT
ONLY IT IS OVERTURNED BUT IT’S
ENDING.
YOU CAN ALSO SAID WHEN SOMETHING
HAS BEEN AROUND 50 YEARS, JUST
LET IT BE.
WE’RE USED TO IT.
WE DON’T WANT TO UPSET THE APPLE
CART.
THE FACT IS THAT WE HAVE UPSET A
LOT OF APPLE CARTS THAT WE DON’T
LIKE.
THERE’S THINGS THAT HAVE BEEN
AROUND FOR HUNDREDS OF YEARS
THAT WE CHANGED.
WE FOUGHT A WAR OVER SOMETHING.
OKAY?
YOU CAN BE -- I DON’T KNOW.
YOU CAN BE CONFIDENT EVEN IF YOU’RE PRO CHOICE, YOU CAN BE
YOU’RE PRO CHOICE, YOU CAN BE
CONFIDENT -- ELECT NEW LEADERS
OR YOU CAN MOVE TO CALIFORNIA OR
NEW YORK.
SO THAT IS HOW STUFF WORKS HERE.
RIGHT?
AND I ALSO THINK THAT THE
DECISION WAS A GREAT REBUKE TO
THE LEAKERS.
I BELIEVE IT WAS LEAKED BY THE
DEMS BECAUSE IT WENT TO POLITCO.
DIDN’T GO TO NATIONAL REVIEW OR
FOX NEWS.
AND THAT WAS WITH THE EXPRESSED
PURPOSE OF FORESHADOWING LIBERAL
OUTRAGE THAT WOULD INTIMIDATE
AND INFLUENCE THE COURT.
IT JUST DIDN’T HAPPEN.
THE COURT GAVE THEM -- THE
RULING SHOWED YOU CAN’T SCARE
THE COURT.
THAT IS GREAT.
IT’S TOO BAD THAT BIDEN DOESN’T
SEEM INTERESTED IN DISSUADING
ANY OF THE HYSTERIA GOING ON
RIGHT NOW.
WHAT IF MEN COULD GET PREGNANT?
YOU CAN’T PROVE IT.
AREN’T MEN GETTING PREGNANT?
>> BIRTHING PEOPLE.
>> WE SHOULD DEFER TO THEM,
JESSICA.
WE SHOULD DEFER TO THEM.
BIRTHING PEOPLE GET THE FINAL
SAY IN EVERYTHING.
>> I THINK YOU DO KNOW WHAT I
MEANT ABOUT THAT.
>> BUT IT’S THAT HYPOTHETICAL
CLICHE’ THAT I HEAR.
IT’S LIKE, YOU KNOW, WELL, WE’VE
BEEN FIGHTING WARS FOREVER.
THAT WAS OUR ABORTION.
>> I WOULD ARGUE THAT IT MAKES
MENOR ACCOUNTABLE FOR THEIR
BEHAVIOR.
>> AMEN.
>> ALSO MEN ARE ALLOWED TO CARE
ABOUT LIFE AS WELL.
>> EXACTLY.
IT’S ARROGANT TO THINK WE DON’T
CARE EVEN THE WE DON’T.