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>> i am very concerned, anderson. this leaked decision, even with justice alito's mention that he doesn't believe it applies to marriage equality, it, to me, is a clair yan call to people who are opposed to lgbtq plus equality, to marriage equality, to start something that would end up in supreme court so that they could overturn it. >> i just want to read the part of justice alito's draft opinion that politico released, which pertained to what you just said. he wrote, to ensure our decision is not misunderstood or mischaracterized, we emphasize this applies to the constitutional right to abortion and no other right. this should not cast doubt on precedents that do not concern abortion. he voted against legalizing same sex marriage. so, do you think if this did go to the court, i mean, if same sex marriage got to a case, another case, that went to the court, that he would -- he would be willing to overturn it? >> unfortunately, i do. you know, this draft -- this leaked decision talks about rights that are not specifically enumerated in the constitution having to be based in our nation's history and traditions. marriage equality, as an affirmed right, has existed for only six and a half, almost seven years. that, i'm sure, does not fall into his description or his definition of our nation's long history and tradition. so, even though he says it wouldn't apply to marriage equality, it only applies to abortion, i don't honestly buy that, anderson. and i truly believe there will be a challenge. but it concerns me because it's not just the lgbtq plus community. it isn't just marriage equality that's at risk. it's so many rights that we take for granted that we rely on. you know, for example, the right to privacy, the right to marriage actually. let me talk about the right to marriage. that was only mentioned by the supreme court for the first time in versus veryirginia, 1967. that right is not written down anywhere in the constitution. so, what would prevent someone -- what would prevent this court from overturning loving versus virginia because it affirmed a right that is not specifically outlined, specifically written into the constitution. so, for that same reason, i am very worried about marriage equality. >> i guess one of the arguments that conservatives make is that, you know, the leving case, the right that that case made into law, that is widely supported, whereas abortion is not something that the court ruling was a final say in how people in the country felt about it, that it's still something that is very divisive. and i guess in alito's argument, that is sort of the difference, and that's why this would only pertain to the right to abortion. do you buy that? >> no, i do not because the support for a women's right to control her own body, that right is pretty strong across the united states. and even if it weren't as strong as it is, that doesn't mean that gives the court justification to take back a right that was affirmed almost 50 years ago. so, i don't buy that argument at all, anderson. this decision is taking away a right that our nation has relied on for almost 50 years, and it sets up the loss of additional ri rights, especially with this originalist bent that this court has and this idea that the constitution should only be interpreted based on the time when it was written or at the time it was written. so, that means we're going to go back to the late 18th century for our nation? >> thanks for being with us. i'm joined by wendy davis, jeffrey toobin, former federal prosecutor. senator davis, do you think there is a real threat to other rights grounded in privacy? >> i absolutely do, and i agree 100% with what he said. these rights absolutely are under threat. and let's just talk about contraceptive care for a moment. already there's a march against the use of plan b, the morning after pill, which is not an abortion medication. it's actually something that prevents fertilization, which is exactly what the pill does. and we know, of course, that the supreme court granted those rights in two different cases, one for married people, one for non-married people in 1972. and those rights did not exist back in the early 1800s. and it's certainly the case that if you extend the reasoning of this particular opinion, if it becomes the reality that we live with at the end of june or early july, then we certainly are at risk of losing those rights. and i don't think it's too catastrophic or alarmist to say that because i live in a state where i see the march heading in that direction. and i think we are at risk in a way that many people don't fully appreciate or realize right now. >> ross, do youbl that's too catastrophic or alarmist? >> yes. and i think honestly what you're hearing here in these arguments is in a way a vindication of the point that alito is making in the draft decision, that abortion, by virtue of the continuing and perpetual controversy over it, the fact that the public split on the issue, has not meaningfully changed in the 50 years since roe was handed down and that it has become one of the defining controversies in our national politics makes abortion radically different than all of the other issues that are being brought in in order to essentially attack this potential decision. the idea that clarence thomas, a supreme court justice married to a white woman, is going to overturn lebing versus virginia, the idea that brett kavanaugh is going to vote to overturn are ludicrous. it's somewhat telling at least that democrats have leaked so quickly to this rather than straightforwardedly talking about abortion. i think it's a continuation of a larger pattern in this debate, which is that even though the country leans pro-choice, democrats are very uncomfortable making these kind of debates about abortion because they know conflicted americans are and have been on that issue, which is why roe and casey, and other supreme court ruling has so conspicuously failed to settle that debate. >> jeff, what do you make of ross' argument? >> what i don't get on ross' argument is the supreme court often rules on areas that are controversial. lebing versus virginia, many states at that time banned interracial marriage. and the supreme court said the constitution demands that the states who think differently have to change their laws. that often happens with supreme court opinions. >> sure. >> it is not just when the supreme court goes with what the national consensus is. the reason we have a constitution is that sometimes electoral majorities have to be told no, that the constitution supersedes the will of the majority. so, that's why i don't think your point is consistent with the whole idea of having a constitution. >> the point that i'm making is not that the supreme court can't rule in defiance of public opinion. it is that historically when the supreme court rules on controversial issues, those rulings are successful and become, in effect, you know, what people like to call super precedents. the debate is settled. i think fundamentally the debate over same sex marriage for any imaginable future is settled. and the unsellalment around roe, i agree it's not the only reason the supreme court would end up revisiting it, but it is a signal this issue is fundamentally different and that the analogies being drawn to this idea that you're going to have essentially this role of recent decisions and decades-old decisions being rolled back doesn't make any sense. i'm curious, if jeffrey, do you think clarence thomas would rule to overturn lebing v. virginia? is this actually an argument that's being advanced? >> i doubt it. but we're talking about -- >> you doubt it. >> i doubt it, absolutely. >> but could you say that clarence thomas -- let's just say clarence thomas -- can we agree, clarence thomas is not going to vote to overrule lebing v. virginia. >> i think it's unlikely. but remember clarence thomas thinks all these decisions should be returned to the states, that these decisions about personal behavior and personal property should go to the states and let the people decide. that's what this whole opinion is all about, let the people decide. >> senator davis, i'm wondering what you make of ross' argument and how concerned you think people should be. >> well, first of all, i don't think anyone who believes that abortion should continue to be allowed in every state in this country is shirking from the argument that it should be protected. and there's no attempt here to try to divert attention to other rights that may be threatened. it's simply a part of what opening this right to privacy and foreclosing it in some instances will create an opportunity to argue. and i think we all have to agree it's going to create that opportunity. and we have federal courts now that are stacked with judges who believe very differently than i believe or others believe. i believe in the idea that we do have an inalienable rights, god-given rights, and that we agree to give some of those up in order to be a functioning part of society. the bjork view and the view of so many of our federal courts now, as president biden pointed out today, was that government grants you those rights and government can therefore easily take them away. that's what i think we are threatened by right now. and the idea that we aren't going to continue to fight this argument or stand our ground on abortion rights because we fear the ripple effect of a law like this is just absolutely not true because we know the impact of losing that right on women, on our families, on the economy as a whole. and we're going to fight on those grounds 100%. but we're not going to give up also arguing what the ripple effects of this law might be. >> ross, out of curiosity, on marriage equality, alito voted against it. clarence thomas voted against it. do you think they have seen the light and now embrace it? >> i think if in the unlikely event that marriage -- that same-sex marriage -- returned to the supreme court, there i do think you might get thomas and possibly alito voting against it. i think barrett, kavanaugh -- i think you could end up having, you know -- if it actually came to a vote, it would probably be 7-2. that would be my guess. >> interesting. >> but i also don't think -- pres i don't think the court would take the case even. i wouldn't disagree that there could be challenges raised. but i think it is very, very unlikely that that would be the actual conclusion of that kiekind of challenge. we're going to continue the conversation just ahead. we're going to look at the end of roe and legal abortion through the eyes of a women's clinic in tennessee. the breaking news from ukraine when we continue. 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(music) who said you have to starve yourself to lose weight? who said you can't do dinner? who said only this is good? and this is bad? i'm doing it my way. meet plenity. an fda -cleared clinically proven weight management aid for adults with a bmi of 25-40 when combined with diet and exercise. plenity is not a drug - it's made from naturally derived building blocks and helps you feel fuller and eat less. it is a prescription only treatment and is not for pregnant women or people allergic to its ingredients. talk to your doctor or visit myplenity.com to learn more. earlier today the head of the cdc, dr. rochelle walensky, said in an interview more women will die if roe is overturned. without women's clinics, some women will not have the resources they need and lives could be at stake. gary tuchman is in tennessee tonight at a non-profit clinic. >> reporter: these two men are antiabortion protesters trying to convince the frightened woman behind the wheel not to drive into this medical clinic parking lot, where she has an appointment for the abortion. the woman who walked up to the car is the codirector of the client assuring her they will protect her. this type of thing is very common, but it's happening at a very unusual moment in time, with the knowledge that legal abortion may be ending very soon in this state. >> i can't even find words how disturbing it is. >> reporter: ka ryme is a nurse practitioner. >> what kind of society is that that we force people to motherhood when they're not prepared or ready to do that or know that they're already stretched to their limits and cannot support another child? >> reporter: under a tennessee law passed in 2019, if the u.s. supreme court overturns roe versus wade, this state will then ban abortion 30 days after the ruling is issued. exceptions will only be allowed to prevent the death of a pregnant woman or a serious injury. dr. aaron campbell is one of the physicians who performs abortions here. he's the medical director. >> i think people will pursue unsafe illegal abortions, and i think people will get sick and die. and i think that blood and their death will be on the hands of these lawmakers that are passing these laws. >> reporter: dr. campbell's late father was also the medical director here for many years. >> he would be devastated. >> reporter: there are very few places to find abortions in tennessee. there was another clinic just a few miles away from here. >> on new year's eve our local planned parenthood was burned down, ruled to be an arson. it has not been open. it has not been rebuilt. >> reporter: his type of work has long been intimidating and frightening for the medical professionals. many of the patients come here do it out of support and loyalty for the clinic, lisa being one of them. and she shares the employees' emotions about what the supreme court is poised to do. >> it makes me angry. >> reporter: the antiabortion protesters say they'll stay here. >> we're not here to intimidate people. >> reporter: and the clinic employees say they will continue to do their jobs. but they know the writing is on the wall and that perhaps there is now not much they can do about it. >> what are you going to start telling your patients? >> i don't know. i don't know that any of us know. >> and gary tuchman joins us from knoxville, tennessee. they're holding out hope that one of the supreme court justices might change his or her mind? >> anderson, i just talked to another one of the codirectors at the clinic. he was born in 1979, six yores after roe became the law of the land. she says she feels it's incomprehensible roe will longer exist. that's one of the reasons she still has hope one of the conservative justices will change his or her mind. anderson? >> gary, appreciate it. upnext, the breaking news from the "new york times." officials said the u.s. has provided intelligence that has helped ukrainians target and kill many of the russian generals who died in the ukrainian war. we'll talk it over with our generals coming up. ♪and something tells me they don't beat me♪ ♪ ♪ ♪he'd better not take the ririg from me.♪ >> tech: need to get your windshield fixed? safelite makes it easy. >> tech vo: you can schedule in just a few clicks. d we'll come to you with a replacement you can trust. >> man: looks great. >> th: that's service on your time. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ this is roundup weed and grass killer with sure shot wand. this stuff works. this stuff works down to the root so weeds don't come back. this stuff works without hurting your back. this stuff works guaranteed, or your money back. this is roundup weed & grass killer with sure shot wand. this stuff works. ( ♪ ) ( ♪ ) ( ♪ ) ♪("i've been everywhere" by johnny cash) ♪ ♪i've traveled every road in this here land!♪ ♪i've been everywhere, man.♪ ♪i've been everywhere, man.♪ ♪of travel i've had my share, man.♪ ♪i've been everywhere.♪ ♪ san francisco is getting back on its feet. people are heading back to the office and out with friends across the city. prop a ensures that muni delivers you there quickly and safely. with less wait time and fewer delays. and a focus on health and safety in every neighborhood through zero emissions fleets. best of all, prop a won't raise your taxes. vote yes on prop a for fast, safe, reliable transit. i fought for freedom abroad. i'm not going to allow anyone to take away women's rights here at home. abortion is effectively banned in texas, and at least seven other states only have a single abortion provider. we need leaders in congress who will stand up to extremist politicians, and protect our right to choose everywhere. and i will fight for pay equity, too. i'm emily beach, and i approve this message because nothing is more important than standing up for- - [all] our rights. right now. ukrainian forces in a number of towns around kharkiv have been making progress defending their country. matt river has the story of how ukrainian soldiers in one city near kyiv helped stop the russian advance on that city. >> reporter: outgoing fire from a frozen foxhole. not far from the flaming pieces of an exploding armored vehicle. as the quiet still of the nighttime bunker is shattered by what the soldier says was a direct hit nearby. this is what happened in the tiny town of moschun just northwest of ukraine's capital city. it was here as much as anywhere else that the battle of kyiv was won. by early march, russian forces had flooded south. it arrived just west of moschun, occupying that entire area. the irpin river, the only thing between them and the town where ukraine would make its stand. >> is it strange to just walk through this area now, you know, when it's safe? he says, what's strange was being here when all hell broke loose. three ukrainian soldiers who fought here took us around moschun. before the ground assault, they said relentless artillery. just listen to this video taken by a soldier. so, they dug this trench here just across the river from russian positions, of course to take cover from things like this. so, this would be spent ordnance, a rocket fired by a russian helicopter here on the ukrainian position. thi thinking they had softened the town, the russians decided it was teem to strike. they built a pontoon bridge here and sent special forces across the river. across the river, the ukrainians waited, some seen here, waiting to fight back. street battles raged. homes for shredded. houses now with so many bullet holes like freckles on a face. the russians, some seen here, actually took part of the town. that success would be short li lived because the woods were up next. moschun is surrounded by dense pine forcest. video shows ukrainian troops lined up in position, and russian troops would quickly come under heavy fire. video shows the results, multiple dead russian soldiers in the snow. that body was found right there and there were several other russian soldiers were killed, including this soldier, whose body armor is left behind. here in the woods and towns, it was infantry versus infantry, close proximity fighting. as sounds of explosions ripple around them, ukrainian soldiers race between an unseen enemy, carrying what is likely the kind of weapon that could do something like this. ukrainian drones captured the destruction of russian armor, sitting ducks on the lone road through the trees. and here on the ground you can still see the remnants of two destroyed armored personnel carriers. the body parts of the soldiers inside still litter this area. ukrainian forces say some 500 russian soldiers and 40 armored vehicles made their way into this part of the forest. and if they were able to continue and get through, it could have changed the tide of the entire war. moschun sits only about three miles from kyiv city limits and roughly 15 from the city center. ukrainian troops us had the russians broke through, the thousands of russian troops just across the river would have made an all-out push into kyiv. but a fierce ukrainian counterattack turned the battle around quickly, soldiers going house to house retaking the town, even destroying the pontoon bridge russia had used to bring soldiers across. ukrainian forces also stripping what they could from the supply of russian soldiers. he says they suffered heavy losses here, even though they dominated us in aircraft and drones and 10 to 1 in ar tull ri. for these three soldiers, the victory in the battle of kyiv is something the world should have seen coming. >> should the rest of the world been surprised? >> reporter: our army turned out to be one of the best in the world, and nobody was more surprised that the russians, he said. adding one more thing in english. >> [ bleep ]. >> reporter: matt rivers, cnn, ukraine. >> the ukrainian forces defending their country. peter zwack joins us now and retired major general, author of "hunting the caliphate, america's war in isis." general zwack, ukrainian forces have retaken the village of mullah doe voir dire. >> yes, it's frankly quite unbelievable that kharkiv has stood like a castle between the kyiv region and the donbas now for almost ten weeks. and it's a big city. it's ukraine's second biggest city. four major battles were fought over the second world war. and the russians just don't have, i believe, the force structure to -- they can't be everywhere. and in kharkiv, it's formidable. the ukrainians have sensed it. they're working around flanks. as we saw in the last report, they rule the countryside. russians are on the roads and wear their masks. ukrainians are everywhere else. and i think we're seeing that wid lg and chiselling around the east of kharkiv, and they are being pushed back. >> general pi tard, it's not clear whether -- the u.s. said the majority of howitzers that the u.s. was going to supply are in the country. it's not clear if they've already been brought to bear on the battlefield against russian forces. that can take time, as we've discussed in previous programs. i'm wondering what you make of the battle that we know that is currently going on between russian forces and ukrainian forces in the east? how do you think it's going? >> well, good evening, anderson. you know, the russians were making some limited progress. the russians changed their tactics somewhat to where they had much more coordinated offensive operations between their mechanized infantry, armor supported by aircraft and artillery and certainly missiles. so, initially, believe that that pushed the ukrainians back somewhat. but then the ukrainians devised methods to disrupt that, whether it's quick counter attacks, whether it's a use of some limited artillery, the use of the javelins. so, the ukrainians have figured out ways to defeat the new russian tactics. so, right now the russians have had some limited gains, but that's probably as far as they're going to go. i agree with general zwack. they don't have the forces to be able to continue that offensive unless they get more forces. >> general zwack, according to the azov regimen inside the steel plant that has been under relentless attack, russian forces have breached the perimeter. he says, quote, there are heavy, bloody battles. can you give us insight on how difficult an assault on an enclosed area like this steel plant could be. i mean, that fighting -- if it's inside the plant, it's got to be very close quarters and just extraordinarily brutal. >> you can go back to the nazi, the german attempt to grab stalingrad. and there was a tractor works ki held by the soviets for six weeks that gutted german division on division. in just urban areas are always tough. industrial areas with all their galleries and catacombs and tunnels are even harder. what i do worry about mariupol is that it is 9 may and the russians need/want to take it. and they are going to just push as relentlessly and hard as they can. god bless those ukrainian defenders because it's a tough fight, and i fear for them it's going to get even tougher. i think the russians are on a time line. >> it's interesting because, i mean, vladimir putin gave this televised order not to storm the steel plant. obviously we know vladimir putin, what he says is not often the truth about what actually he wants or intends or is going to do. but it is extraordinary just the juxtaposition between him saying this on camera to his general and within days the attack continuing and it's at the point now we see this huge shelling of the plant. >> well, it certainly is a ruse. i mean, you can't believe what putin says. news flash, he lies. the problem, as just mentioned, is the russians are on a intense timeline to voluntary manslaughter kind of victory by may 9th. and the significance of may 9th, it's the 72nd anniversary of the end of world war ii, the great patriotic war as the russians call it. but it's a huge celebration called victory day. and president putin wants to claim some level of victory. so, he wants to make sure mariupol falls by then. but it's probably not going to happen because the intense, courageous, hand-to-hand combat of the ukrainians who are in that plant. >> brigadier general peter zwack, appreciate it, dana pittard, appreciate it. thaks so much. ahead, randi kaye takes us to a winery across the border from ukraine helping refugees escape the war. that's next. purchases on your discovover card. 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[ding] e*trade now from morgan stanley. ♪ ♪ i'm the latest hashtag challenge. and everyone on social media is trying me. i'm trending so hard that “hashtag common sense” can't keep up. this is going to get tens and tens of views. ♪ ♪ ( car crashing ) ♪ ♪ but if you don't have the right auto insurance coverage, you could be left to pay for this... yourself. call a local agent or 1-888-allstate for a quote today. hybrid work is here. it's there. it's everywhere. but for someone to be able to work from here, there has to be someone here making sure everything is safe. secure. consistent. so log in from here. or here. assured that someone is here ready to fix anything. anytime. anywhere. even here. that's because nobody... and i mean nobody... makes hybrid work, work better. at least 5.5 million ukrainians have fled vladimir putin's war according to the latest u.n. count. thousands of those refugees have been taken in by a winery across the border in moldova. randi kaye was there and heard some incredible stories. >> reporter: when the bombs started dropping close enough to see them, these refugees from ukraine decided it was time to go. tatiana and her 13-year-old son grabbed what they could and fled their home in mykolaiv. she tells me the sky was full of rockets and they had to run to their car and hide. they ended up here at the winery about 15 miles from the border crossing. at the start of the war, the winery opened its doors to ukrainian refugees . how grateful are you to be here? she tells me she's grateful but anxious. the calm here scares her because it was calm in ukraine too, she says, before the bombing started. this is the winery chief operating officer. they've helped more than 5,000 ukrainian refugees, housing as many as they can at a winery and putting the rest up at nearby hotels. >> it's all we do to help the ukrainian people. it is our duty as moldovans because the heroes, the ukrainian heroes, they're now fighting off the russian armies. they're also our heroes. they're also moldovan heroes because they're also protecting us and our families. >> reporter: here we also met yulia. she fled mykolaiv, ukraine, too. how close do the bombings get to you? through tears, yulia tells me how the bomb hit her house but they managed to escape to the basement. they were lucky. this is what the house looked like after being hit. yulia's daughter is here with her, but her husband stayed behind to fight. she tells me she's anxious being so close to transnistria here, the break away territory where about 1,500 russian troops remain. she took me out to the vineyards to show me how close they are to transnistria. >> that over there, you can see, that's ukraine. that's transnistria, and the rest is ukraine. you realize how close the war is to us. >> in the first week here in the restaurant, we made a real bedroom, a large run. they were sleeping here. >> reporter: they were sleeping in this room? >> yes, yes. because the hotel was full. >> so, this is the guestbook that we usually have for our guests. >> reporter: this guestbook usually reserved for paying winery guests, now filled with messages of thanks from ukrainian refugees. >> you see a lot of the blue and the yellow, the colors of the ukrainian flag. and of course they are messages of peace and of thanking the moldovan people for helping them. >> and this one here means? >> no to war. >> [ speaking foreign language ] it says, no to war. >> and joins us now is randi kaye. so, randi, why did he decide to hope his doors to thousands of refugees? >> reporter: well, anderson, this winery is quite close to that border crossing with ukraine, and it really did play witness to all of those -- many of those -- refugees coming across from ukraine to moldova. moldova has taken in more refugees per capita. but this particular winery is especially passionate about freedom. it's a great defender of freedom. back in 2014, when russia annexed crimea, the winery came out with a special blend called the freedom blend and it has three great varieties and represents the three countries that are still fighting for their freedom, moldova where i am, ukraine, and georgia. and as the wayne ri puts it, it has the heart of georgia, the terra of moldova, and the free spirit of ukraine. this is a special blend they're rereleasing because of this war the ukraine. so, they're passionate about the people, passionate about the refugees. they would never turn their back on them, i'm told, by those at the winery. it was really very emotional for the employees there because of all the refugees there. and they've actually now hired some of the refugees to work there as well. >> randi, appreciate it. thanks so much. coming up, new details on the alabama corrections office, what authorities are saying about their relationship, what happened in the days leading up to their disappearance next. ould save yourself an average of seven hundred and thirty dollars. 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>> yeah. >> reporter: he had these word of advice. >> you've been in this business for 17 years. you seen this scenario play out more than once and you know how it always ends. >> reporter: she was set to retire after 17 years of service. her last day was spupposed to b the same day as the escape. >> just stunned. >> reporter: he worked with vicky nearly every day for those 17 years and described her as the most reliable person at the jail. >> i would have trusted her with my life. i really would. i thought that much of her. >> reporter: while the u.s. marshal service says the two are dangerous and would be armed with an ar-15 and a shotgun. a warning from a woman in hiding after she says she was targeted by casey white. >> if she's still alive get out. run, run as far as you can. >> the sheriff said they already had a set back in the investigation. what happened? >> reporter: he was saying that the public was not supposed to know about this get away car. this 2007 ford edge suv. that information was released yesterday because it was an unnamed police agency that leaked that information on social media. the assumption now is that casey white and vicky white have probably ditched that ford edge suv and are probably now in a different vehicle. >> thanks. we'll be right back. among my patients, i often see them have teeth sensitivity as well as gum issues. does it worry me? absolutely. sensodyne sensitivity & gum gives us the dual action effect that really takes care of both our teeth sensitivity as well as our gum issues. there's no question it's something that i would recommend. if you don't stain your deck, it's like the previous owner is still hanging around. so today let's stain, with behr, the #1 rated stain. and make your deck, yours. behr. exclusively at the home depot. i fought for freedom abroad. i'm not going to allow anyone to take away women's rights here at home. abortion is effectively banned in texas, and at least seven other states only have a single abortion provider. we need leaders in congress who will stand up to extremist politicians, and protect our right to choose everywhere. and i will fight for pay equity, too. i'm emily beach, and i approve this message because nothing is more important than standing up for- - [all] our rights. right now. let's turn things over to don. >> welcome back. it's good to see you on american soil and safe and sound. >> thanks. >> i got to say, listen, i wanted to interview, i'm glad you got do interview. at least we had him on the air. the 2015 supreme court case legalizing same-sex marriage. he's concerned this draft ruling would put that right at risk. what did you make of your conve conversation? >> his argument is, judge aleto voted against same-sex marriage in that and if it came before the kcourt again, he says based on the roe ruling there's no reason he wouldn't vote against it again and it could be over turned. there's widespread support for same-sex marriage and the justice said it's not in the