burden test. so is as this goes to the courts, my assumption is the courts at the lower level will point to those precedents on abortion and say this is struck down. yeah, that s most likely the case. there are other lesser laws that are being passed, though, that are more interesting. there s at least four states that have passed a law saying you cannot conduct abortions once a fetal heartbeat has been established. that s been done in kentucky, mississippi, ohio and georgia paul: i think those don t pass the undue burden test east. either. would, then, if those cases are struck down, those laws are struck down, would the supreme court take the case, kim? what do you think about that? would take the appeal? no, they will not take the case. paul: why not? look, this is why all of this somewhat hysteria is overblown. chief justice john roberts does not want to go here, okay? there s been so much division over the court.
you are the ham. why durham. why e do you say that? well, it s overdue, and i ask, paul, what if we d have had someone like john durham put on this case two years ago. he s an immense live respected career prosecutor who also has specialized in his time at looking at government, improper government action. he s looked at the fbi, he s looked at the cia. and if we d have had someone like this two years ago when it was incredibly clear that the fbi had played a starring role in this trump-russia collusion story, we might not be where we are now with all of this acrimonious recrimination. we might have gotten some answers a lot sooner. paul: dan, tell us about john durham and his history. what s his reputation? this is the one g-man in the world you do not want on your case, because most likely he will get you. and a guy who knows that, a couple of fbi agents who were
ask your doctor. paul: the supreme court overturning a 40-year-old case as alabama passes a sweeping new law effectively banning abortions in the state. the move is widely seen as an intentional gambit to, ultimately, get the supreme court and us new conservative majority to revisit previous abortion rulings. we re back with dan helpinger henninger, kim strassel and allysia finley. well, according to the justice stephen breyer, they have overturned a precedent, a 40-year precedent, and this indicates stare decisis. if they re going to overturn this, what s next, is what he essentially said in his dissent.
associated with the criminal in boston way back when called whitey bulger who was public enemy back then, very famous criminal paul: mob boss. mob boss. he framed four guys for murder back in 19 of 8. turned out he was an fbi informant being protected by several fbi agents. thirty years later john durham was asked to look back into that case that occurred in 1968, and he got convictions of the two fbi agents who had been protecting whitey bulger, an extraordinary investigation into the fbi. paul: so he has experience investigating the investigators, going after the fbi and he was asked by former attorney general mike mukasey in the late bush administration, kim, to investigate the destruction of tapes, videotapes of terrorist suspect interrogations, but he didn t bring any indictments there. so there s no guarantee here
but ostensibly, chief justice roberts and justice kavanaugh did not agree to take up the case because it had planned parenthood as the plaintiff. paul: dan, what do you think? here s the backdrop, because for years now really decades the abortion opponents have pursued an incremental strategy; that is, they understood a frontal assault on roe was not going to work after the casey decision came down. so we re going to work with incremental regulations in the states that could pass muster. now they re giving that up and going for the whole thing. and that s a pretty risky strategy, it seems to me, because what happens if it doesn t succeed? yeah. i think it ll be a problem if it doesn t succeed. i do think going for it all at once is a big overreach, no question about it. but the interesting thing is democrats think this issue goes against republicans because think think everyone is in they think everyone is in favor of abortion. the fact is abortion on demand under all circumsta