Welcome tonights guest for our conversation regarding whether or not the Supreme Courts decision in roe should be overturned. Catherineo my left is colbert who recently retired as the constants had williams 66 director of the center for leadership studies, professor of leadership studies and professional practice in the Political Science department at barnard college. She argued the landmark case of planned parenthood versus casey before the Supreme Court. Fore then, she has worked different organizations such as people for the american way. Is a professor at Florida StateUniversity College of law. Shes a historian and has written numerous books and articles on this topic. Her new book is titled abortion in america a legal history. And is forthcoming soon. Catherine foster is president and ceo of americans united for life. Boards of thethe Christian Legal Society in d. C. , the family policy alliance, and the rockville women center. Shes a fellow with the James Wilson Institute on national rights. Join me in welcoming our panelists. [applause] we are here to discuss the future of roe. So, thereast year or has been a number of state laws and activities about reproductive rights. Some state activity has been to go far in protecting reproductive rights. Other states have passed laws restricting access to abortion. Mary, i will start with you because you are a historian. Can you start by telling us a little bit more about what has been happening over the past year, and putting that activity in Historical Context . Why is this happening now . What can the history of the debate tell us about what the states are doing currently . Has changed the obvious thing is the membership of the Supreme Court. We now have a presumed five justice majority to overturn roe. Also what you have seen is, in many states, control of all three branches of government by one party that enables legislators to pass this kind of law. What is striking is that you also see a break from the strategy that groups like a ul pioneered which was to chip away and do what the Supreme Court would be expected to accept. Also, restrictions that would play well on election day. And a lot of states, i live in florida, there he closed alabama. You see states going further than that, more quickly than that. There are more divides about what the court is going to be willing to do. We are in a moment where theres a debate within the Prolife Movement or the Antiabortion Movement about what the best strategy is going to be. That is in part because until the now, there has been a uniform target. We are already in a moment where we are thinking about what the world is going to look like after roe v. Wade. I imagine everyone on the panel thinks that that is what coming. There will be disagreements about how and why. I think that is a historical moment we find ourselves in. The history is helpful to realize, the goal has always understandably, to ban abortion. Not to chip away at abortion or let states decide. But to create a right to life that would make abortion illegal. You are starting to see, in some states, states asking for what they want and hoping that the Supreme Court will allow them to seek it as opposed to catering to what the justices are presumed to be willing to do or what voters are presumed to want. Aul and theioned state level. A fullama, there was abortion ban that was passed when the governor signed into law the alabama human Life Protection act. I want to read from her signings signing statement. Matter ones person view on abortion, we can that this may be unenforceable. We must respect the authority of the Supreme Court even when we disagree with their decisions. Many americans disagreed when roe v. Wade was handed down in 1973. The sponsors of the bill for the u. S. Time up in court to revisit this matter. We believe this act may bring about the best opportunity for this to occur. Is that the motivation behind passing these laws . To directly ask the court to revisit that . Or is it more of a chipping away, as mary mentioned . You cant really understand alabama without also understanding the flipside, states like new york. As you mentioned, you have a lot of people and constitutional tort scholars, a lot of the public looking at the makeup of the court, seeing changes there. We dont know how those play out. Looking at public polling on someion, particularly on restrictions or protections for informedings like consent and things like that. Also looking at the abortion rate which is currently at the lowest it has been since before roe v. Wade. Also noting, more important than that, the abortion rate among unintended pregnancies. Looking at the increasing percentage of women who may not have planned to get pregnant, but still are not choosing abortion. Looking at all of these factors, you see that when roe v. Wade is we do expect that this issue would return to the state. At that point, we would expect a certain number of states to follow a more new york type path. Some will follow in alabama past. Most dates would be in the middle, passing some health and safety standards, some informed consent, some other restrictions. But not going so far in either direction. Surprising that this year more than ever, states are taking a look at this and are increasingly introducing bills and passing some of these bills into law. They will, whether they go into effect once roe is overturned or provide some level of protection now, you are seeing that theres a kind of movement happening. Casey, you were surprised at the outcome. The outcome was that the court upheld roe and that greeted the undue burden standard. Im curious about your reaction to what is happening now. , a couplerising decades after roe and casey, that there is talk about going back to the states versus staying as a fundamental right . What is your sense of what is happening . In the days before casey was argued, we were in the same circumstance we are in now. State legislatures in those days , i was in 44 states, all of whom took up a door abortion bills. They thought the Supreme Court was prepared to overrule roe. Same thing is happening now. That casey went to the Supreme Court, we expected the court to overrule roe. Let me be clear. They did. The first you argue a case and the justices go back to their conference and they take an initial vote on the case. Wasasey, the initial vote 54, overruling roe is the most extreme standard. That is adopting what we lawyers call the rational basis test, permitting states to do everything including criminalization of abortion. Justice kennedy at the last minute, over a month later, changed his vote when he fully understood the implications of that decision and how that affected the institutional integrity of the court. We are now at the point where i dont think the current justices will be as brave as Justice Kennedy. Unlike myly predict, adversary here, this court is prepared to over rule roe and return the matter to the states. Why do i say that . They have been very cavalier about this crisis since gore schutz gorsuch joined the court. Anything, everybody says, just as roberts is going to save the date. A good vote on health care reform. Justice roberts is not going to save the day on abortion. He was very much a student of Justice Rehnquist. He was a clerk. He believed in rehnquists views on these issues. It was Justice Rehnquist who wrote the opinion overruling roe. It is absolutely clear roe will be overturned. We will return to permitting states to recriminalizing abortion. The only question in my mind is when. I think this court is politically savvy and will wait until after the 2020 election to do this. What does that mean for all of us . The issue of abortion will return to the states. There are 22 states fully controlled by the republicans. I call them trifecta states. 14 states fully controlled by the democrats. ,nlike the republicans democrats dont always fall in line. It is not clear to me that there is a prochoice majority in those 14 states. In contrast, it seems to me there is an antichoice majority in the 22 states. At a minimum, within a year following the overturning of roe, we will see 22 states in this country criminalize abortion or take such extreme measures that it means that abortion will be unavailable for women. The second thing that will happen, we will begin to see more attention to state legislatures at who becomes a state legislator. If i have one word of advice for people in this audience, if you care about abortion rights, if you care about preserving womens access to legal procedures, you have to care about who was on the state legislature. In pennsylvania, we are very close to being able to retake that by the democrats. I think we need to pay strong attention to ensure that our state legislatures are prochoice, are controlled by the party that is willing to enact protective legislation. Mentioned that the timing is based around who was on the Supreme Court. Ruled on the not Justice Kavanagh has been there. He defended in the june medical services case, about admitting privileges for doctors in the louisiana. Was there anything about his dissent that might tell us about how he might rule . Do you agree with what katie is saying in terms of the outcome . I dont. I cant speak for catherine. My assumption is that all of us assume that the court will eventually inform or name overturn roe. I dont agree that it will happen as quickly as katie is saying. If you can take anything away from Justice Kavanaghs, the court at the moment will be having its long conference in deciding whether to take to medical on the merits. This was just a decision about whether louisiana is admitting privileges law would go into effect. Justice kavanagh dissented from the decision to block the law. Vehicled on what is one that you will see the court use. But the undue burden test that came out of casey has always been ambiguous. Form, its very much based on the facts on the ground. Was basically, the court has seen this law before. It is the law the court struck down in 2016. This is insulting the courts intelligence that we are having this conversation again. Kavanagh says, the facts are different. Proof of a enough variety of things about abortion access. Thats a logical vehicle. Nowhere is a barrier right for any kind or any kind of hesitation about overturning roe, it is optics and politics. It is not on substance. The people everyone on the court thinks that roe should go. They might be worried about doing it in a way that looks partisan or to quickly or jeopardizes the results of the 2020 election. Or doing it in a way that makes the institution or themselves look bad. You can do a lot with the undue burden standard without saying anything about overturning roe. You haveven saying overturned the 2016 decision, by saying the facts on the ground are different. I would expect that that would be where we would go immediately. I dont know how long we will stay there. There will come a point, if you bring a law saying we will ban abortion at six weeks after a womans last menstrual. Because a fetal heartbeat has been detected. You cant with a straight face say that is not an undue burden under any of the courts president s. If the court wants to let the states do what they want and not limit it, there will have to be a direct encounter with roe and casey. My reading of Justice Roberts and kavanagh is that that might take a while. They might prefer these sorts of also, harder to understand. If you are concerned about optics, it is hard to explain whats going on with that. If the goal is, if you think wrote was wrong and you are trying to move beyond it, you can get away toward doing that without the potential political fallout in the undue burden standard. That is what i would expect to see next. Catherine, im curious about there are different kinds of state legislation. The alabama law is a band. Ben is aiana factbased analysis. Im curious about how, if you were to challenge the alabama law, wouldnt a lower court have to apply roe and casey . They could just not hear it. It might not even get there. His is a factbased case it might involve a little bit more about, lets look at the factors. Im curious about how that outright ban could even make it to the Supreme Court. The is your take on factbased analysis that justice cabinet kavanagh employed . I wouldnt expect that in alabama style law would be taken up by the court in the near future. I dont think there are many legal scholars who would believe that. For a lot of reasons. I dont think it would necessarily get appealed up to that point. I dont think that is the kind of case the court is looking for right now. Weve been seeing some of the cases they have declined to your recently. A recent per curiam on fetal remains in indiana. These moreoking at factbased issues. We are really, any federal judge the fact,e to go into the sociological details looking at how the impact, the suppose it impact on women. And then make a decision to potentially strike down the law. The idea ofback to the Supreme Court, the entire federal bench, as the National Abortion control board. Looking at the facts of the situation rather than the constitution. Thatr than the president they should be turning towards. We saw that in texas. I would expect that we could continue to see that Going Forward as courts and lower courts are trying to find a way forward. Do you have any reaction to catherines points . Let me be clear here. You do not need a ban overruled to overrule roe. Any law that restricts a womans access to abortion presents the question of what the appropriate standard is by which courts will evaluate abortion laws Going Forward. Havesey, the court could reduced us again to rational basis standard of review. That is lawyer speak for allowing criminalization. In any case, whether it is a restriction or a ban, that same issue is before the court. Let me be clear here. I think its really a mistake for us to believe that the debate is between regulation and total ban. Either present that issue to the court, this court can use it to give states again the power to criminalize abortion. Thats what we are talking about. Many states will do that when given the chance. Why . They are controlled by a that is that believes the appropriate thing to do. Notion that both the rule of law and moderation will prevail in this particular Political Climate has gone away. Many of the state legislatures that are controlled by republicans have gerrymandered seats. These are not people who care or feel in fear of losing their seats. Will, they will scream if the political wind calls them to. The same thing with your assumption that a lower court judge is not going to go against current u. S. Supreme court precedent. We have seen the most radical group of people appointed to the federal bench that we have seen in the last 25 years. They wouldnt even discuss whether or not they thought brown v. Board of education is the appropriate law of the land. These are radical judges. Bill orl strike down a they will uphold a bill banning abortion and force it to be appealed. I think that we do ourselves a disservice to believe that this wont happen. The only reason im so emphatic about that is because now is the time to take action. The appropriate action to take is to start supporting state legislators who believe what you believe. Whether you are against abortion or prochoice, the question of how abortion is regulated Going Forward, whatever we believe, will be determined by who sits in harrisburg and our state capital. Thinkour obligation to the most are medically. To think that this could happen. Now is the time to make that change. Otherwise, it is too late. You have tried that does in 22 states. You have nine states that have occurred or laws. Roe,ourt reverses well is a law in the book that says you return to the prior statue. That may not be appropriate or legal. It will require a lot of litigation. It seems to me, our best that Going Forward is to start taking proactive measures. Like theres a consensus that eventually, the court is going to chip away or directly overturn, it is a matter of time. Thats not what im saying. Im saying they chipped away in kc. They went from the highest level of constitutional text into a middle standard. They have been chipping away for 25 years. Many states have two or three abortion providers. Some states have only one. We are with the days of chipping away. This court is going to take more dramatic action. Catherine, im curious if you have a response to that point. And your thoughts about the chipping away versus the complete overturning. Sure. First of all, i dont know how quickly the Court May Take action on this. Years,now that most about half of the years since roe, we have seen the court take up a case on abortion. Away foreen chipping close to 50 years now. Indicates how unsettled roe is. It indicates that it is unsettled for the court, that the court has to keep finding new bases to uphold the core tenants of roe. Towards the looking medical history and the medical legal history. 1990, to theack to casey case, you see that the was turning to uphold roe. They were trying to find a reason to uphold roe. Imagine afor me to antifeminist decision, a more antifeminist rationale. Look at the court. Succeedhat women cant on their own, we cant succeed on a level Playing Field with men, that we rely upon abortion in order to compete with men in society and in the workforce. In order to succeed. In order to plan our education and careers and family and future. I cant think of a more offensive ideas and that. Knowing my experience, in the case of so many women who i have counseled and comforted and represented, the decision really wasnt one of choice. Abortionurn to believing that there was no other choice or better choice. Looking at the experience itself, how, in my case and in the case of many others, our omy was auton stripped from us. I would say that its not surprising. Its not surprising when you have legal scholars on both the left in the right criticizing roe and saying, maybe i agree with roe as a policy decision but i dont agree with it as a constitutional matter. Because it really isnt based in the constitution. Cases as a string of part of the president to decide roe. Said,pages later, he these are all quite different cases. Its a different situation, talking about marriage versus bodily autonomy. This is a decision that legal scholars on the left and right, in so many cases, agree should be overturned. We do believe that that will happen. Whether that is sooner or later. Can i take issue with that . Believe this is the third time in the last three weeks i have been confronted with this view that its not appropriate to recognize the right to make childbearing decisions as part of our constitution. Our constitution has had a long and distinguished history of giving both decisional autonomy and bodily integrity and protecting those rights by the highest level of constitutional protection. Yes, you are right. There has been whittling away. It seems to me, the millions of dollars being spent by the evangelical and catholic church, spent trying to denigrate and take away the rights of women contributed to that. You did a good job, i will give you that. You did a good job. We were not sufficiently vigilant to protect what we think is important recognition within our constitution. To say that it is a legitimate or not recognized or not appropriate to recognize the most fundamental right, to make decisions about your family, who you marry, whether you have sex, who you have sex with, whether or not you have a pregnancy and you want to carry it to term, or you want to terminate the pregnancy. Whatever those decisions are, it seems to me they are fundamentally protected by the u. S. Constitution. They are to continue to be so. [applause] mary, i wanted to ask a prior question going beyond the mechanics about how roe may or may not be overturned. During the justice gore should an kavanaugh hearings, roe was a huge issue. It was brought up multiple times. Have stateside, you legislators and governors who did not accept e as lot of the land and car continuing to challenge it. That strikes me as questioning the Supreme Court in a way. . . On you the other side, you have critics of kavanaugh questioning the confirmation process and the legitimacy of the Supreme Court as a result. If there were to be a decision, this term or next term, striking down roe or chipping away at it, could that lead to or contribute to criticisms of the court upon us legitimacy in any way courts legitimacy in any way . Its a lose lose. We are a point where anything the court does about abortion will be perceived as political. If you are someone like Justice Roberts who wants to be the hero of the story, it would be appealing to do nothing or to do very little or do things in a way that people dont understand. Really. People are calling me in the media saying, what happened . The undue burden test was that. People dont know what it was. Roe, andurt overturns they say they are overturning roe, that could be politically costly for the court. There is pulling that suggesting people want abortion to remain legal. Pulling makes it sound conflicted. Americans seem to like some abortion restrictions but many dont. Many do. When you get into the legality or criminalization questions, people seem to think that roe should remain the law. The clearer the court is about what it is doing, the other thing we havent talked about is, there is a remote possibility that the court will at some point recognize a right to life which would result in nationwide criminalization. I dont think that is on the tables in. There is some reason to think that should happen. Just as gorgeous has interest in national law arguments that would lend themselves to recognizing right to life. I wouldnt be surprised. Thathe person thinking its going to take a while to get to overturning roe. Thats another question. That would be very controversial as well. I think thats probably the single biggest variable in terms of predicting what the court will do and when. The court is probably worried that there could be a backlash, especially if they do something, a very clear opinion overturning roe. I think that is probably the only thing that would either slow down the train i think theres a real possibility that that will happen. Occasionally, people will ask, when will this be over . The answer is never. If roe is overturned, you will see a reverse of what happened when broken down roe came down. You have the Antiabortion Movement descending a president. You have the abortionrights movement attacking the president in court. The fight will come down to each state. Many states are in the middle. Florida is the ultimate swing state. There will be huge fights. There will be fights in states like alabama. This wasnt consequential before. Legislators in alabama said simply, this is a vehicle to test roe. We are not serious about enforcing this. We will expect to see the conflict and testify, not deescalate, regardless of what happens. What is your take on the legitimacy issue with respect to roe . What will happen if roe is struck down . How will that affect the courts legitimacy . We have seen legal scholars on both sides question the legitimacy of roe. The clearest perspective on that has come from justice thomas, in one section 1983 case relating to patients rights to sue. Dissent, the court decided not to hear the case, and he said the court should have. To hise very clearly colleagues on the bench saying, if this case werent about abortion, if it were about any other matter, we would have taken this case up. If one of the parties in the case wasnt named planned parenthood, we wouldve taken it up. That could be written to anybody on the court. This is a case that should have been heard. And thatonsistency idea of, who could a patient when can a patient sue . And have a choice of medical provider. Court didnt the take that case is quite symptomatic of the courts current stance on abortion. And not having taken up some of these current cases. You know, we dont know when the court will take up a case again. Court takes ae case on abortion every 2. 5 years or so. We do expect that there will be something soon. We dont know exactly when that will be. Let me address the legitimacy question. Citizen, asand somebody who cares deeply about the constitution, imix for narrowly concerned that not only is the confirmation process for justices and the continued feel that the justices are partisan in many of the renderings, their willingness to overturn precedent very cavalierly, all undermine the legitimacy of the court. The legitimacy of our Justice System is the most important aspect of what preserves our democracy. Balance,iary is that is that check on the other two branches of government. We need a court that is not only legitimate in fact but is perceived to be legitimate as well. Until we return to a system in which partisanship and rancor talent is recognized in who is being appointed to the court of this country, we will be in trouble. I think that is really problematic. It is not surprising to me, given how many norms constitutionally are challenged and have been pushed to the limit by the Current Administration and other things that have gone on in the last 10 years. I think that legitimacy of the court is really important. I want to say one more thing. I cant be a p or without recognizing the historic nature of today that has nothing to do with abortion. [applause] for those of you who dont know, nancy pelosi announced the house will begin impeachment inquiry. That is a historic event in our nation. We need a legitimate court to be able to handle what is going to go forward, not only around that issue but about many issues. Frankly, abortion is the least of it. You know . I would love to think my issue is the most important. When we are talking about democracy, maybe thats more important. [applause] thank you. Tomorrow, the Constitution Center is doing an event at the atlantic festival and will have representatives and we will be talking about this issue. I want to get to more questions before we wrap up. Defend the rights of pregnant individuals. The ups, for example. Its a situation where we do have to fight every day for our rights. Thats not why im here. I have thisause experience. I know how it impacted me. Im you because i know that a society that says that i cant compete with a man without having legal access to abortion, thats a society that needs to change. One women are not the ones who need to change here. Cannot both have children, be pregnant, and simultaneously fully participate in society, fully participate in every aspect of our communities and thatociety and our nation, is a nation that needs to reevaluate. And start developing new ways for women to fully engage in our communities. Ok. The happened during onemonth time that may Justice Kennedy change his mind . I dont know. I talked to a number of clerks who worked for him. I think twofold. One is, once Justice Rehnquist wrote the opinion and understood fully that full criminalization would have been permitted, he began to rethink how that would play in america. To his it all comes down concern about the institutional integrity of the court. If nothing more, Justice Kennedy was always concerned with that and didnt want the court to be perceived as a body that would change based on who appointed a particular justice. The rule of law was important. Clearly, under the current rules that were applicable at the time of casey, there was no reason to youge the law unless abandoned those basic principles. I think thats at the heart of it. There was also Justice Oconnor who was very key in being able to help him through that. , she adopted the undue burden test. The joint opinion in case he was a much more protective undue burden test the Justice Oconnor had previously adopted. Her, it really was an understanding of what some women , particularly battered women, were going through when they faced and intended pregnancy. View, her of concentration on the facts, helped us understand that there are some circumstances in which criminalization would have been bad. Given the current composition of the court and the fact that this administration might have the third pick, has significant is the 2020 election to the future of roe . I think it is still significant. One of the things were talking about is the legitimacy of the court. There have been a lot of proposals about changing the court. People have talked about term limits and court packing. , its alwaysas significant. Its not as significant, obviously, as Anthony Kennedy. I call a lot of my courses the Anthony Kennedy farewell tour. He was the deciding vote on everything. His departure was major in a way that almost nothing else could be. I think it is still significant, in part because we are talking so much about what the basic structure of the court should look like. In no small part, to the decisions like roe. Its also significant insofar as the court may be reading tea leaves about whether this issue matters to people. If we are talking about the courts potential angst about Public Perception to a decision, if abortion is clearly a major issue in the 2020 election, that since a different message. There are many many issues. People are not as focused on abortion. That might not send the same signal to the court. To mention aible decrease in the number of abortions without talking about access to contraception . Sure. There are many reasons why the abortion rate has decreased in america. Obviously, the cdc and other entities have been analyzing those. They include things like contraceptives, some of the laws that have been put into place, things like resources for pregnant women. Some of the centers that are out there, some of the governmental resources we provide today that we didnt provide always. Just a number of different ways in which we are increasingly reaching out to women and walking them through what can be a difficult and scary process. So as we improve that, as we supportour community and governmental support, we are seeing increasingly as women similarly, scientific and medical advances, things like ultrasound, women are increasingly able to pursue other avenues. Whether it is parenting, placing a child in a home for adoption, or any of the other options. As well as predicting venting pregnancy. Our institute has looked at this very clearly. They are not able to say what the reason is. I agree with you on that. I have to tell you that i think increased access to contraception and the availability of contraception under obamacare and the expansion of medicaid in many states, giving women more access bigamily planning, is a contributor along with the fact that there is fewer women of childbearing age post babyboom. I think the important part here is that the Current Administration is going backwards on all of this. They have enacted the guy grow. Rule. They are reducing womens access to contradict that contraception. They are reducing funding for planned parenthood. However you read the data, if you eliminate contraception two young women in america, you are going to increase abortions. Whether legal or illegal. We have an obligation to make sure that doesnt happen. We only have a couple of minutes left. There are so many more questions i wish we could get to. I want to close with one final question. The actual topic for debate. The question is, should roe v. Wade be overturned . Oh, boy. I feel that answering this question. Bad answering this question. I dont think so. Said, i think this is going to be an endless process. In some ways, its the only comforting message of you dont want it to be overturned, its not going to be. There will be more of this to come. Recall, after row, there was a sense of complacency among the winners and a sense of people being fired up when they lost. I think that will be a historical moment we find ourselves in very soon. There are perils to winning. That is a lesson of history. Catherine . Should roe versus wade be overturned . It should be. Yets a decision that is not settled. We have seen that in the abortion cases through the subsequent decades. We have seen that in the opinions of legal scholars and the movement of americans who oppose abortion and are continuing to fight back on this. We see it in all of the states where women and men are proposing and passing bills that would rollback roe v. Wade, that would provide increased protections for women, that would in some anyways so many ways take away from that rogue regime of unlimited abortion. It should be overturned because it isnt firmly based in the constitution, as we have seen from so many of these legal scholars who have said, believe what you will about policy elements. Thatis not a decision finds its moorings in the constitution. I do expect that it will be overturned sooner or later. Kitty, last word. Should roe versus wade be overturned . No. [laughter] for a couple of reasons. I think it is very firmly and wellrounded in our constitution. Every court that has looked at that question for the last 50 years has agreed with that. To say its not firmly based in the constitution is just wrong. More portly, why shouldnt it be overturned . It seems to me, fundamental questions about whether you have children or you dont, whether you are sexual, whether you are not, whether you marry and who you marry, ought to be left to the individual and not the state. If you take that away from people, the biggest impact is that poor women, young women, women of color, women who live in rural areas, who live in states which have fewer resources, will suffer health consequences. Some of those women will die. They fully, not as many women will die today as they did in the days before roe. Women will die if you read criminalize abortion. That to me is an abomination and should never happen in our current society. We must take every step we can to ensure that women have access to safe and legal medical procedures. [applause] thank you so much. Thank you all for coming. [applause] [inaudible] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. Visit ncicap. Org] [captions Copyright National cable satellite corp. 2020] cspans washington journal, live every day with news and policy issues that impact you. Aming up thursday morning, discussion on efforts to combat climate change. Animals and talks about the challenges facing Law Enforcement in the u. S. And the state of Police Community relations. Watch cspans washington journal come alive at 7 00 eastern thursday morning. Join the discussion. Live campaign 2020 coverage continues. Live thursday at 1 30 p. M. Eastern, senator cory booker from the university of New Hampshire law school. Watch live on cspan, online at cspan. Org, or listen live on the free cspan radio app. On friday, a D C Circuit Court of appeals were here two cases. The first on whether don mcgahn needs to comply with a congressional subpoena to testify. The second on congresss access to the mueller grand jury testimony. Oral argument begins at 9 30 a. M. Eastern. We will have those live on cspan two. Normally, there would be a team of helicopters helping each other and supporting each other to make sure that they were safe. Because there was no one else there and it had to be done, donald decided he would rescue those men. He went down into these landing zone areas and he hovered on the ground for four minutes waiting for the Reconnaissance Team to arrive there. Which is, in a battle condition, an attorney be. It is a long time to be sitting vulnerable to the enemy. He waited. The Reconnaissance Team arrived injured but safe. They boarded the helicopter. To pull thegan helicopter above the tree line. He radioed, i have everyone. Daniel weiss on his book in that time. Sunday night at 8 00 eastern on cspans q a. Will all senators now stand and raise your right hand . Do you all solemnly swear that in all things about the you will do impartial justice according to the constitution and laws, so help you god . The clerk will call the names and record the responses. Was january 7,