And Congressman Jamie Raskin on where the January 6th investigation stands on the first Deadline Day for Document Production. When All In starts right now. Good evening from New York. Im chris hayes. Just a few hours ago president Joe Biden announced a sweeping new Vaccine Mandate, or a set of mandates that could get as many as 100 Million workers vaccinated as part of a new initiative to curb the Delta Variant. My job as president is to protect all americans. So tonight im announcing that the Department Of Labor is developing an Emergency Rule to require all employers with 100 or more employees that together employ over 80 Million workers to ensure their workforces are fully vaccinated or show a negative test at least once a week. Some of the biggest companies are already requiring this. United airlines. Disney. Tysons food. And even fox news. The bottom line, were going to protect vaccinated workers from unvaccinated coworkers. The tone of Bidens Speech Today i thought was pretty striking. You know, its been clear from the beginning, right . From back on the campaign through Inauguration Day to now. The administration has understood from day one their number one mandate, number one goal was to contain, even suffocate the virus, to restore some sense of normalcy. And it is also been clear the best way to do that, the best tool they have that we have is vaccination. And yet despite the fact that a big majority of of eligible americans are vaccinated and that is true across lines of race and class, there are tens of millions who have not. And the cost of that has been enormous. My message to Unvaccinated Americans is this what more is there to wait for . Weve been patient, but our patience is wearing thin. And your refusal has cost all of us. So please do the right thing. In order to make this happen the president signed a string of executive orders. He laid out a Sixpoint Plan to defeat covid in the country centering around vaccinating the unvaccinated but also further protection for the vaccinated through booster shots, keeping schools safely open, increasing testing and requiring masking, and protecting the economic Recovery Weve seen since biden took office and improving care for the many thousands of people with covid. Biden also made it clear that he holds republican officials responsible for the spread of of covid, the huge outbreaks weve seen this summer, saying he believes the power of his office to make sure School Officials who are trying to keep Kids Safe are protected. All School Officials trying to do the right thing by our children, ill always be on your side. Let me be blunt. My plan also takes on elected officials in states that are undermining you in these lifesaving actions. Right now local School Officials are trying to keep children safe in a pandemic while their governor picks a fight with them and even threatens their salaries or their jobs. Talk about bullying in schools. If theyll not help, if these governors wont help us beat the pandemic, ill use my power as president to get them out of the way. President also announced he was cracking down on people who violate Mask Mandates and scolding the wildly antisocial Behavior Weve seen in so many videos that have gone viral in recent months. Im announcing that the Transportation Safety administration, the tsa, will double the fines on travelers that refuse to mask. If you break the rules, be prepared to pay. And by the way, show some respect. The anger you see on television toward Flight Attendants and others doing their job is wrong. Its ugly. The directness with which biden delivered the speech indicates to me at least that he and his administration, his political advisers, understand they are on the right side of both the politics and the substance here. They need to get covid under control. And it is not contained right now. A recent gallup found 61 of people approve Vaccination Requirement to travel on an airplane. 58 aproof of a requirement to taend events with large crowds. 56 approve of it to go to the Office Or Work site. More than 75 of americans 18 and up have gotten at least one shot. Its a country thats divided on everything but its not that divided on this. Its not this is not abortion. This is not immigration. 75 . Its a political Fight President Biden should want to have. He clearly does. Unsurprisingly, theres been a fair share of yelping from republicans. Congressman Thomas Massie of kentucky claimed this is absolutely unconstitutional. Arizona governor Doug Ducey said this is exactly the kind of big government overreach weve tried so hard to prevent. Congressman Dan Crenshaw tweeted, are you people trying to start a fullon Le Volt . Honestly, what the hell is wrong with democrats . Leave people the hell alone. This is insanity. Fullon revolt, what do you think he meant by that . Its amazing how common its become for republican politicians to threaten something like Fullon Revolt in the face of policies they do not like. Weve got a lot of Vaccination Requirements in this country. I bet you Dan Crenshaw has had to get vaccinated for i dont know, his service in the Armed Forces or enrolling in school. And we have them all for the same reason. Because communicable diseases communicate. They move through populations. Even vaccinated populations. Its just a numbers game. Today that was a clear message from President Biden. The summers been brutal in many parts of the country, particularly throughout the south. Too many american lives lost. Too many preventable deaths. And we head into the Fall And Winter with School Back in session. Its time to reset our priorities to battle this horrible disease together through whatever means necessary. Dr. Francis collins, the director of the National Institutes of health, and he joins me now. I want to start, dr. Collins, with something that you and i spoke about the last time you were on my program. National institutes of health runs a hospital and you told me, somewhat surprisingly to me, that because the vaccinations were under an Emergency Use Authorization you could not mandate it in your hospital. That has changed now. I imagine it has been mandated in your hospital. What have the results of that been . Well, i think it was very readily accepted by the people who deliver care in our hospital, which sees particularly sick patients, many of them cancer, immunotherapy patients who are very dangerously at risk for this virus. So it was not a hard sell. But the legal abilities to do so got a lot better when fda gave full approval to the pfizer vaccine. And that cleared away the one last legal hurdle in our being able to mandate there. And as you heard today, the president aims to act in that situation i think quite effectively and aggressively to make sure that were not missing out on the chance to do something to drive this pandemic back away from where it is right now and a pretty dangerous surge. We can do this. I hope that came across, that this was both a very forceful, muscular approach but it has a point. It has a point of trying to get us past this. This is how we can get there. I want to say Ron Desantis said something the other day that i felt encapsulated a line of thinking that has been consistent throughout and has really caused massive havoc in this country. And he said, look, if you get your decision about getting vaccinated doesnt affect me. Basically like what do you care one way or the other. And obviously i think you and the president and other people feel differently. Explain to me why this isnt simply an individual choice like you know, what tshirt you put on or what kind of music you like. Right. Im glad to answer that. And again, this is a place where i think freedom has gotten misinterpreted. Freedom is about rights but its also about responsibilities. We have a free country where we take care of each other when our actions might hurt somebody else. If youre unvaccinated and you are therefore much more likely to get infected with delta and be asymptomatic quite likely for a couple of days, you are spreading that around to others around you, including kids under 12 who cant be vaccinated. So its not just about you. For me this is really occasion to think about loving your neighbor, not just yourself. Thats what the president was trying to say. If we really want to get through this, weve got to figure out how those 80 Million people who still havent rolled up their sleeves can see this as an opportunity and a responsibility, not just about them. You just mentioned children. I was looking at these statistics about children. I want to put them up because its striking here. Kids under 12 cant get vaccinated and the Vaccination Rates in lots of parts of the country for teenagers has been quite low. And were seeing this huge divergence. I mean, you know, when you talk about what the collective responsibility is, in states that are lightly vaccinated you see these huge spikes in hospitalizations. And thats hospitalizations both for adults and kids under 18. You see it there on the right on your screen. The ten most vaccinated states. You basically see that Flat Line for kids under 18. There is a countable number of children placed into direct danger such that peoples children are getting put in the hospital with this thing as a result of low Vaccination Rates. Well, indeed. And people are concerned about kids under 12 and actually asking fda, would you please hurry up and approve vaccines for kids, which i know theyre doing everything they can. As soon as they get the data. But if you want kids to be safe right now the best thing to do is surround them with other vaccinated people. Their older siblings who are old enough to get the shot. Their parents. And of course if theyre going to school avoid them catching it from another kid in the classroom by wearing those masks. This all just makes such perfect sense. You know, chris, it just breaks my heart that somehow something as simple as these Public Health measures were talking about right now has turned into such a political fray its sort of found its way into this dreadful circumstance we have of a Culture War. And this Culture War in this case is killing people. Its not just a philosophical political argument. Its killing people including im sad to say some children. We have to get past this if we really have a future as a nation. And historys going to look back on this. And maybe i would like to say, particularly to those leaders who are on the wrong side of this, what lincoln said one time. Citizens, we will not escape history. Do you want to be looked at in the lens of that backward look ten years from now and defend what you did when in fact we are losing tens of thousands of lives that didnt have to die . Theres also another sort of public cost of this, right . Out beyond people that are making a decision for themselves, which is The Public which is the health system. I have heard from so many doctors and nurses just in my sort of reporting and anecdotally of the level of burnout and fray. Theres this piece in slate saying this Health Care System has collapsed. I know personally people that have walked away from the medical profession after this. Theres a real worry that the whole system is running in very, very thin margins right now. It is. And you know, the people who are on the front lines, gosh, they are heroic. They should not have had to be in the place they are right now. They surd greatly through last year when we had no vaccines doing the best they could. And now im sure theyre wondering why am i doing this again when the 90 plus of the people whose lives im trying to save are there because they didnt get vaccinated and they didnt need to be here. Thats got to be tough as a Health Care provider. And i know theyre all doing the best they can and theyre not going to complain and they are sacrificing. But to have that be in the face of something that could have saved so many of these folks, its got to be really tough to get up in the morning and go to work as an Emergency Room Doc or an icu doc. All right, from fwrins collins, thanks so much for coming back. Wed love to have you anytime. Glad to be with you, chris. Its a big day today. This is a big deal. I think so. So what does the president s new move to require vaccines for tens of millions of workers across the country mean practically . Stephanie ruhles Nbc News senior business correspondent, host of Stephanie Ruhle reports right here on msnbc. And she joins me now. Stephanie, my understanding here is this is going to be done through the Department Of Labor and theres actually fairly straightforward existing workplace regulatory architecture to do this, this is not like some crazy new test of the law. No, this is something that we have seen many president s use to protect us from things like airborne diseases. Theyre going to osha and theyre using this emergency safety rule. And really, chris, its sort of a brilliant workaround from this administration to get america vaccinated. Right . Its been a threepronged approach. The government came up with a vaccine. The medical community educated us. And now its businesses. Theyre the ones that hold the carrot to get us vaccinated. I mean, what theyre doing with the labor department, this is going to impact over 80 Million americans. And i can tell you, yes, are they going to be sued right off the bat . No doubt. But the message from corporate america to this White House is yes, please, and thank you. It is the Air Cover every ceo needed to get Vaccine Mandates for their employees. Its what they want. Because think of it. If you ran a business and so did i and i suddenly say im going to put in place a Vaccine Mandate and i have workers who dont want to do it, they may quit and go work for you if you have more relaxed rules. This way It Levels the Playing Field and all these businesses get to say its not me, its the government, got to get vaccinated. Its exactly what they want. Am i crazy or its still the case that you can vaccinate or test once a week. I was going to 30 rock every day through the Fall And Winter and we were there with other folks that were going in every day. We were getting tested three, four times a week. I mean, this is just just forget about every politic its just common sense. Youre going to have a place where people are coming with a communicable disease, youd better catch outbreaks. This seems the fact that that option exists seems to me like a slam dunk. Its a slam dunk. This is completely obvious. And think about it it. People getting tested a few times a week is cumbersome. Its difficult. Businesses just want to know what are the exact rules and then i will follow them. Having to decide, getting pushback from employees is a headache they dont want to deal with. And its not just their employees. Think about all the businesses that have customers. You and i both have children under the age of 12 that arent vaccinated but were currently living lives where were taking a lot more risks than we did before we were vaccinated. We are bringing more risk into our houses. Thats worrisome. So the fact that theyre putting these rules in place are a good thing. All of this is to help us get safer in our own homes. We need to do it, chris. And think do you want to go to a store with your children right now if you have no idea if the employees are vaccinated . No, you dont. But if you know everyone is, youll absolutely frequent that business. And always remember, ceos are not voicing their political opinions through their companies. They want to make money. They want their employees to go to work. They dont want a huge Absenteeism Problem and they want customers there. They want to make money. All of this will help us get safer in terms of our health and help our economy get back on its feet in a real way. Yeah. I mean, that last point is also key here. Its also just the case that actual suppression of the virus is to everyones benefit, whether youre a worker or a boss, whether youre in the private sector or The Public sector. Like getting to a world where we have 1,000 new cases in this country, where Community Transmission thats been stamped out, thats a winwin for everyone including Fortune 500 ceos or businesses trying to run hotel chains. Yes. They want their customers back, they want their employees coming to work. They want all this is how we get there. And if you think of the other thing we saw today, right . You have three major companies, kroger, walmart, amazon, now selling at cost, right . Reduced cost. So theyre not making any money. These athome Rapid Tests. Also a game changer. And youve got the government using the Defense Production at to start producing more and more tests. We have both experienced this. We have the benefit of working at a great company where we can easily get tested. But when you need to go get a test out there, its not easy and the results take a while. If suddenly we had inexpensive Rapid Tests in our home, its going to make us a lot safer. Because we as a country have a culture of going to work sick. We have little kids at home. As soon as we think maybe they have a little something, boom. If we can test them at home on a regular basis and it doesnt cost us much money, thats huge. And the government didnt subsidize it to these companies. Thats important. Because you know there are going to be some far right Conspiracy Theorists who are going to say, well, thiss just Big Business getting paid by the government. No, theyre not. It is not subsidized. Theyre selling it at cost because theyre putting Public Health first. Yes. And this is we talked about this the other night. Rapid tests can be a real game clayer. Also dont go to work sick even when were out of this pandemic. Stephanie ruhle, thanks for making time tonight. Its no surprise theres already an antivaxx backlash to the president s Announcement Today. Just look at whats been happening at School Districts around the country requiring masks for kids. Tonight just hours ago the second largest School District in the entire country just took a dramatic Step In keeping Kids Safe. What happened in Los Angeles is next. Os angeles is next y with powerful claritind. Claritind improves nasal airflow two times more than the leading Allergy Spray at hour one. [ Deep Inhale ] claritind. Get more airflow. For people living with hiv, keep being you. And ask your doctor about biktarvy. Biktarvy is a complete, onepill, Onceaday Treatment used for hiv in certain adults. Its not a cure, but with one small pill, biktarvy fights hiv to help you get to and stay undetectable. Thats when the amount of virus is so low it cannot be measured by a lab test. 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Just cant comprehend lets take a journey lets take a journey take a journey hey google. And there you have it woah. Wireless on the most reliable network nationwide. Wow big deal . We get unlimited for just 30 bucks. Sweet, but mine has 5g included. Relax people, my wireless is crushing it. Thats because you all have Xfinity Mobile with your internet. Its wireless so good, it keeps one upping itself. Switch to Xfinity Mobile and save hundreds on your wireless bill. Plus, save up to 400 when you purchase a new Samsung Phone or upgrade your existing phone. Learn more at your local xfinity store today. President bidens Announcement Today extending Vaccine Mandates to tens of millions of workers is already facing a backlash. Not surprisingly. But Thats Nothing new. Weve already seen backlash after backlash after backlash all the way back last spring, against all covid restrictions. And its been building for weeks, especially focused on Mask Mandates in schools as the new School Year begins around the country. We saw one of the first examples in early august in franklin, tennessee where parents hounded Health Care workers leading a School Board Meeting where they advocated for a mask mandate. We know who you are you can leave freely but we will find you and we know who you are you will never be allowed in public again i know who you are do you call that Speech And Debate or something else when you look at that . A couple weeks later republican candidate for local office in pennsylvania just straight up suggested removing pro Mask School boards by force. You Go Into School Boards to remove them. Thats what you do. They dont follow the law. They dont follow the law. You Go In and you remove them. Im going in with 20 strong men. Im going to sleep in front of the School Board and give them an option. They can leave or they can be removed. This week back in tennessee we saw this truly gross display by antimask adults at another School Board Meeting as a student shared her personal story of loss. This time last year my grandmother, who was a former teacher at the Rutherford County system, died of covid because Someone Wasnt wearing a mask. This is a very no. This is a very also on Tuesday Another pretty shocking display from parents in michigan caught on video encouraging their children to violate a County Order and School Mandate to wear masks. They can Go In, guys. They can Go In. Go on in, guys. Go in they cant enforce it. You guys, they Cant Touch you. Just go ahead and Go In. They Cant Touch us they cannot touch you. Go in. They Cant Touch us this happening all over the country in school after school. It remains the case that this loud antimasker faction are in the minority. Recent polling shows nearly 60 of americans support Mask Mandates in school for both teachers and students. Similar numbers for Vaccine Mandates for teachers and 55 support Vaccine Mandates for eligible students. Well, today one of the largest School Districts in the country, Los Angeles county, took a bold Step In the direction of the majority and President Bidens priorities with the School Board voting to mandate vaccinations for all Students Age 12 and over. Kelly gomez is president of the l. A. School board of education. She voted to enact that Vaccine Mandate and she joins me now. Great to have you on the program. First i guess talk me through the process that led the School Board to this vote this afternoon. Chris, thank you for having me. Well, throughout the pandemic our School District has really been at the forefront of covid safety. Since we opened our campuses last spring through our weekly testing program, a Vaccine Mandate for all of our employees and more. So this step is really a continuation of that commitment to protecting our students, families and staff. This fall as our schools have reopened despite all of those Multilayered Protection Strategies were seeing increased case rates due to the Delta Variant and outbreaks at our schools. So we know that if we want to keep our schools safe and open for stuns to learn and thrive this is a necessary step and vaccinations are the single best way to protect our students individually and collectively from the threat of covid19. Was it a unanimous vote . It was a unanimous vote, yes. And what has Parent Reception been like as you moved toward this process in the wake of sort of previewing the Announcement Yesterday . Im a mom of two young kids myself, too young to be vaccinated. And i know how hard it is as a parent in this pandemic to know exactly whats the best way to keep your children safe. So we know in a district where we serve 500,000 kids that not every family is going to agree with this step. And theres legitimate reasons why. Theres been intentional misinformation from people like Donald Trump and his allies. We know that our black and brown communities have experienced discrimination in the medical system in the past. And so its understandable that parents have legitimate questions and concerns. We are here to answer them, to have compassionate conversations with every family so that they know the science and the facts about the vaccine and they can meet this mandate when it kicks in january of 2022. So its going to be january 2022. Are you also offering on School Site Vaccination . Like will it it be or are you relying on the network that exists already . Absolutely. We have already provided opportunities to be vaccinated at all of our secondary schools. Weve Relaunched Mobile Vaccination clinics which are going to every middle and High School in the district this fall. Thats great. And we have Community Vaccination clinics where students can get vaccinated as well as their family members. And we really want to emphasize to our community that these vaccines are free, theyre safe, effective. It doesnt matter if you have Health Insurance or what your Immigration Status is. The vaccine is available to you at your local public school. Final question. This is just such an obvious one but i have to ask it. Its obviously the case that in the l. A. Unified School District children enrolling already have a variety of Vaccine Requirements, correct . Yes. There is a whole host of Vaccine Requirements that they have to meet in order to come to our public schools in person. So this is just adding to this tradition of where we are requiring vaccinations to keep our schools safe and keep our community safe. All right. Kelly gomez, i appreciate your compassion and equanimity. Thank you so much for making time. Thank you for having me. Next, today is the first deadline for the sweeping Documents Request from the January 6thCommittee And Committee member Congressman Jamie Raskin is here next to tell us what we could learn after this. After this , rollerball design. Because with the right pain reliever. Life opens up. Aleve it, and see whats possible. Welcome to allstate. You already pay for car insurance, why not take your home along for the ride . Allstate. Here, better protection costs a whole lot less. Youre in good hands with allstate. Trelegy for copd. Birds flyin high, you know how i feel. Breeze drifting on by you know how i feel. Its a new dawn. If youve been taking copd sitting down, its time to make a stand. Start a new day with trelegy. No oncedaily Copd Medicine has the power to treat copd in as many ways as trelegy. With three medicines in one inhaler, trelegy helps people breathe easier and improves lung function. It also helps prevent future flareups. 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Just look at the way shes reshaping and reimagining her 4 Acre Slice of heaven. Its not hard to tell shes the real deal. Renae runs with us on a John Deere 1 Series Tractor because out here you Cant Fake a job well done. Nothing runs like a deere. Hear Renaes Story at deere. Com. Just two months ago today on July 9th the fencing around the capitol that had been put up in the aftermath of the January 6th attack finally began to come down. Now, two months later, Law Enforcement officials are planning to put it back up because theres a new Protrump Rally planned outside the capitol on September 18th for the more than 600 members of the Protrump Mob that were charged in the January 6th insurrection that these people claim are, quote, political prisoners. Remember, many of the people who stormed the capitol have been charged for attacking and injuring at least 140 Police Officers with things like Metal Poles and bear spray. Not to mention the fact that theyre on tape, you know, entering a building they cannot enter. And so on September 18th those officers will mobilize again to protect the capitol and all those inside. This is all happening as Mother Jones reports that the fbi is investigating Seditious Conspiracy charges related to the January 6th attack. According to a Search Warrant served Tuesday Night on a lawyer for the far right oathkeepers militia group. The January 6th committee does its work to investigate the insurrection and any role lawmakers may have played in the attack. Congressman jamie raskin, democrat of maryland, serves on that January 6th select committee. Hes also lead House Manager for the second impeachment of Donald Trump. And he joins me now. Congressman raskin, first lets get an update on these document requests. I think theres two sets of those requests with different deadlines, but one of them if im not mistaken was today to federal agencies. Do you know the status of that . Yeah. It went out to the Executive Agencies and it was due not at the close of business but just today. So we would expect documents to be flowing in all the way up until midnight through electronic transmission. Something that really i found funny when i first started covering Congress And Capitol hill is that Capitol Hill works on deadlines the Way College freshmen do. Everything happens at literally the last second. If its midnight its going to come at midnight. Yes. Well, in this case its worth the wait because theres so much that were trying to find out about the attack on the capitol and the congress and the onslaught against vice president pence. Im especially looking for all the evidence of coordination among the different violent elements and the planning that took place beforehand. I mean, you dont knock over the u. S. Capitol spontaneously one day. That requires a lot of planning, millions of dollars of money invested, and some real organization. So were going to get to the bottom of it. Yeah. So youve got in the federal Agency Youve got essentially a partner, right . I mean, you dont have lawsuits. You dont have stonewalling. The Document Production from the Telecom Companies that may involve other members of Congress And Trump officials is a little more fraught. What is your View Sort of legally and constitutionally about the legitimacy of that request and its Status And Future . Well, for one thing, you look at what Kevin Mccarthy was objecting to, its silly because what he objected to was a Document Preservation Request where we told the companies to hang on to any documents that theyve got of relevance to our investigation. And he said if they comply with that there would be some kind of unspoken retaliation against them if and when the republicans come back into power. So essentially hes saying dont preserve the documents. Hes saying if you act according to our request then there will be hell to pay on the other end. Its just absurd. But youve got to ask yourself, and this is what america needs to understand, why are these people continually trying to blockade an investigation into an attack against the congress . What is their interest in trying to impede a congressional investigation . Which of course is illegal anyway. But why . What is it theyre covering up . Its an amazing thing. Yeah, i dont think i realized this is probably on me for not carefully reading that it was a Document Preservation as opposed to a Document Production request. So hes saying if you comply with a Document Preservation Request there will be retaliation from a republican majority. To your point, just to make this clear, it is saying destroy documents. Right . I mean, implicitly thats what the lesson is. Right. Hes saying if you dont destroy the documents were going to exact revenge against you. Im not quite sure mccarthy even understood that. I mean, theyre just lashing out at this point. But one interesting comparison to make is what theyre saying now with what they said on January 6th or the day after. Because they were so rattled and shaken by the violence that overtook the capitol that a bunch of them were saying exactly what were saying now. I mean, Ted Cruz called it terrorism. He said they were domestic terrorists. Mccarthy was calling for the censure of Donald Trump for actions taken that today hes trying to completely Whitewash And Pretend were nothing at all. Lindsey graham said all of us could have died that day, one of them could have gotten in with a bomb, which of course is true because you had hundreds and hundreds of people entering the u. S. Capitol without going through security or having any background check. And of course a lot of people thought somebody was going to, you know, pull out a gun and start firing, which is alas how far too many violent Incidents End in the united states today. So i would just like them to go back and look at what they were saying or just go back and look at what Donald Trumps lawyers were saying in the senate when we brought the house impeachment over there and his own lawyers numerously represented that they would never have anything positive to say about the insurrection and that they would do nothing but denounce it. And today of course theyre doing everything that they can to give comfort to those people who are being tried for assaulting federal officers, destroying federal property, interfering with a federal proceeding and so on. Finally, on the rally that is being planned, again, its sort of a strange thing. You dont want massive overreaction. It is a public building. At the same time the last time that there was a kind of of underreaction It Led to this catastrophic event. How are you thinking about how are folks on Capitol Hill thinking about this rally . Well, weve got a new capitol police chief, chief major of montgomery county, maryland no less. And this time of course the Capitol Police Force will be ready. Backup forces will be ready. And Congress Isnt there. And theres no particular proceeding that they could be disrupting. Some of the leaders of the proud boys apparently are saying this is a false Flag Operation meant to tease out criminal suspects from January 6th. So that might some of the attendants. But nonetheless, were planning for something really big because Donald Trump and his aligned forces continue to embrace the insurrection. So at this point i hope i dont sound overly partisan, chris, but weve got a party of democracy in America And Weve got a party of insurrection. And thats the choice thats confronting the american public today. Congressman jamie raskin, thank you so much for your time. My pleasure. Tonight, the department of justice responds, suing texas over the states abortion ban. A look at what happens next, what this means for other states planning to follow texass lead, coming up. The act is clearly unconstitutional under longstanding Supreme Court precedent. This kind of scheme to nullify the Constitution Of The United States is one that all americans, whatever their politics or party, should fear. And i live in san francisco, california. I have been a sales and Sales Management professional my whole career. Typical day during a Work Week is im working but first always going for a run or going to the gym. I love reading. I love cooking healthy. Its super important to me. I was noticing that i was just having some memory loss. It was really bothering me. So i tried prevagen and it started to work for me. I wish i had taken prevagen five or ten years ago. Prevagen. Healthier brain. Better life. [sizzling] i may not be able to tell time, but i know what time it is. [whispering] its grilled cheese oclock. 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What kind of governance will that lead to the next time these people are in power . Me these people are in power . This kind of scheme to nullify the Constitution Of The United States, is one that all americans, whatever their politics or party, should fear. If it prevails, it may become a model for action in other areas by other states and with respect to other constitutional rights and judicial precedents. Nor need one think long or hard to think about the damage done to our society if states were allowed to implement laws that empower any private individual to infringe on anothers constitutionally protected rights in this way. That was the Attorney General of the united States Merrick Garland earlier today announcing that he is throwing the full force of the department of justice at the state of texas, suing them over their abortion ban. This comes just over a week after the Supreme Court refused to block the blatantly unconstitutional law on a 54 decision pushed through in the dead of the night. Melissa murray is a professor of law. He cohosts the strict Scrutiny Podcast along with, full disclosure, my wife, and she joins me now. I want to get into the substance, but i was struck by the wording there. This is an effort to nullify federal law. Nullification has a particularly sharp resonance in constitutional history. There was a Nullification Crisis in the 1820s that was the precursor to the civil war. This was a very, very strongly worded statement from garland today. It was a strongly worded statement, and im not sure that it was entirely directed exclusively at The Public. I think ultimately Attorney General garland recognizes that lawsuit is in some way bound for the Supreme Court, so the idea that constitutional law may be nullified, the protections of the constitution may be nullified by a state, i think hes trying to implore the members of the court to remember this doesnt just end with abortion, this can two further to the point where the constitution is nothing more than paper. The department of justice is seeking an injunction, and i just want to read from the suit here. The united states also seeks a order permanently in joining the state of texas, including its officers, including private parties theyre just going straight at the kind of argument that the five justices used. Well, theres No One to enjoin here, and just saying enjoin it all. Its a novel approach. I think thats warranted. What texas has done is surely unorthodox, and this is the best way to meet it. But the question here is whether inincluding as agents of texas, even those private parties who are authorized under the law to enforce sb8, whether theres still the question of we dont know who exactly to enjoin if we do issue an injunction blocking this law. Its all well and good to say were blocking, the, but the issue is how to stop the private parties from enforcing this law. Seems like theres a high likelihood of us getting a 54 decision from the same set of justices basically rejecting this at 1 00 in the morning, but at some level you have to throw everything you can at it legally if youre the department of justice. I think texas definitely pushed the Envelope Promulgating in statute. Speaking to the people all last week imploring the biden administration to do something, Step In, intervene to protect constitutional rights in texas. Are there other things the department of justice could do . The department of justice had some limited jurisdiction. Theres certainly the prospect they floated earlier about enforcing more robustly the access to freedom to entrances act. But thats not the, why. The Issue Isnt getting into clinics. Its getting into clinics and getting the services you require. We have seen this kind of thing before in our history. It reminds me a great deal of the situation after 1954s Brown Versus Board Of Education where the southern states dragged their heels about enforcing the mandate, and eventually the united states Supreme Court stepped in Cooper Versus Aaron to say when the court enforces the Constitution And Interprets The constitution, those decisions take on the force of constitutional law, and you dont just get to ignore them or defy them. They have to be obeyed. And then it was left to the administration, John F. Kennedys administration or rather Eisenhowers Administration to send in the national guard to Little Rock to enforce that mandate. The problem here is the court saying, nor our own precedent. You have got court saying, its unconstitutional, but we Cant Figure it out and throwing it on the Scrap Heap themselves. That is the Sub Text of the Attorney Generals afternoon press conference. I think hes talk to The Public, surely, but hes trying to impress upon the judiciary that, where does this end . If the judiciary facilitates states in avoiding constitutional duties, where does this end . And it doesnt end well. I think he underscored that repeatedly. Thanks. That was great. Thats it the Rachel Maddow Show begins right now. Good evening. Thanks, my friend. Thanks to you at home for joining us this hour. You start in the summer of 1964. You go through the summer of 1965, and you get to the whole shocking climax of the thing by the summer of 1966. It was a short period of time. It was world shaking stuff, but it happened fast and definitively and it all spooled out over the course of those two years 64 to 66. Start in the summer of 64. July 1nd, 1964, President Linden baynes johnson signs the