challenges to the texas law known as sr 8 effectively banning abortion after six weeks. the plaintiffs argue the law has a chilling effect on abortion providers and putting it in the hands of private citizens and deputizing them said it does that. >> after these many years, some geniuses came up with a way to evade the commands of that decision and the broader principle states are not in nullify federal constitutional rights and to say oh, we've never seen this before so we can't do anything about it. i guess i just don't understand the argument. >> justices heard arguments on behalf of texas abortion providers and the biden administration and with respect to the abortion providers' arguments, the justices seem skeptical how the law is written including anti abortion members amy coney barrett. >> apart from these procedual requirements you're talking about, i'm wondering in a defensive posture in state court, the constitutional defense can be aired. >> justice kagan points out there is a loophole private suits are enforced by courts clerks or judges. can we extend the principal of ex parte young to exclude that loophole. >> consider two things. number one, the court's right wing majority allowed the rule to remain in effect meaning texas continues to be america's very own gilyard from "the hand maid's tale" and another abortion case coming down the road with even greater consequences. exactly one month from now on december 1st, the supreme court will hear a mississippi law banning most abortions after 15 weeks. that's designed to take direct aim at roe v wade. mississippi wants the court to overrule the decision that says states cannot impose an undue burden on the right to abortion before viability. as of now, according to the gut marker institute, 12 states have laws as 12 that would be triggered if the court were to overturn roe v wade immediately banning all or nearly all abortions. but abortion rights is just one of the ways that this is shaping up to be a block burster term for the court. in two days, the justices will hear a challenge to a new york law imposing limits on carrying guns outside the home. it's the court's first second amendment case in more than a decade. joining me is senior counsel for the center for reproductive rights who represented texas abortion clinics and providers who were challenging the texas law at the supreme court today and maya wiley and elie, justice correspondent for the nation. i want to go first. there seems like a little agreement across the right to left isle on the court. did you get the sense that the justices unbalance, most of them were skeptical of the texas law. >> i think finally we're getting some justices to hear that we're getting the argument we were thinking all along. it is about abortion and stopped the care for 6 two days across the state of texas now. this case is really when you take a step back and look at it from a broader standpoint, it's whether a state can decide i'm going to ignore supreme court decision, supreme court decision recognizes in constitutional right can be -- become a dead letter in the state and a state can just allow, you know, anybody and everybody to sue for $10,000, $1 million in the chief justice questions and it's heartening to hear that finally some justices are recognizing that it's, you know, abortions at stake but tomorrow it could be every other single right that's recognized in the bill of rights that's at stake if a state can simply decide, you know, supreme court decisions don't carry any weight in our state anymore. >> yeah, you know, maya, what good is having a right if you're too afraid to use it? the purpose of this law was to make people too afraid to assist anyone to attempt to get an abortion themselves and frighten abortion away and make it so it was impossible to use the right. do you get the sense that the fact that the supreme court allowed the law to be implemented while they make the decision indicates anything about where you think they might go? >> well, i think it's a big concern because as you said, joy, where there is no remedy as we say as lawyers there is no right. if you essentially say we'll allow a law to stand. that is patiently and obviously and clearly and explicitly about making it too scary for providers to actually deliver the services women are constitutionally allowed to get under existing law, that that -- but you can't come to court. you essentially can't come to the supreme court. you can't come and get it vindicated and we won't stop the case and in order to make the decision about whether or not you can, that was a huge, huge concern to all of us. i think you're point is right that, you know, it is important to see the two justices are changing their minds so that maybe that meant they truly were kind of tied up in the procedural arguments about what it meant and whether or not they can step in and who would you actually say no you can't do that? but, you know, i think the problem with the entire argument from my standpoint was the fact that because it's controversial, because we're talking about whether it will remain the law of the land, if you just make it too hard to get app abortion, you already violated the constitutional rights of women, that you've essentially said okay, we've made it so hard, in fact, we know it's so hard because 85% of women now can't get one. it has worked and we're not having any conversation about that and on december 1, we're going to decide whether casey is still the law of the land. >> you know, elie, it seems like the court sort of treated this law like they treated death penalty. you know, like the person has to die and the way they treat voting rights like if we make it too hard for people to vote, oh well, sorry for you. that's the way they're operating. this is this sort of argument. i'm not going to play it. kavanaugh, good ol' kavanaugh suggesting maybe one way they might turn against the law is they fear the law might be retro fitted to be used against guns. maybe we better hold our horses before they come for the guns with the same strategy. what did you make of the arguments today? >> yeah, we got kavanaugh, i believe, because he did not understand how the uterus works but how guns work and people made the case to him, the same thing people are using against these uteruses, that he doesn't understand they can use against the gun and made kavanaugh stand up and say wait a minute now, we can't have that. i don't want to be the spit in the punch bowl. this is generally good. i think coney barrett and kavanaugh will eventually overturn sb 8 but that's because sb 8 is bonkers. sb 8 has always been this clown side show of a crazy rule that was never going to stand the test of time because as we've expressed, you can't have a society if people can just overturn constitutional principles as they want by hiring bounty hunters. sb 8 was never the way that they were going to overturn abortion. the december 1st case was always their preferred way to take away rights and i've heard nothing today to suggestion the people donald trump appointed, that he promised would be anti abortion. i heard nothing today to suggest they have changed their minds and any significant way about the overall rights of a woman to choose. this bonkers sb 8 argument, yeah, i think that will eventually go down, although in the today because let's not forget the other part of what happened today is a question whether or not they will overturn sb 8 now or wait six months to do it and i don't know that there was a lot of movement in terms of stopping it right now. but eventually sb 8 will go away. it's the larger issue about a women's right to choose. >> the greater reports abortions fell by half in the first month of this abortion ban. 50% fewer. the law is already having the intended affect. so it's hard to imagine that no matter how this goes, the ultimate ruling, that, you know, conservatives aren't just going to step on the gas and try a similarly clever means of getting what they want. >> yeah, this year, this legislative year is the worst year in history for abortion rights that state legislatures are emboldened and passing restriction after restriction after restriction making abortion access harder and harder to reach and what's happening when you see happening in the state of texas, it's not only that people are being denied their right to access abortion but now because there is such a rush to get access outside of the state of texas, it's affecting patients outside of the state of texas in oklahoma and kansas. people are being delayed by weeks because of the texas law. 10% of people of reproductive age live in texas. this is a crisis and it's time. it is way past time. this law has been in effect for two months. people have been denied their constitutional rights for two months. it is past time we need this law to be blocked and it needs to be blocked immediately and the other thing i want to point out, you know, i heard something i thought incredibly remarkable today. the state of texas actually said to the supreme court that avenue brown versus the board of education, if a state had just passed a law like sb 8 to say, you know, anybody can sue somebody who integrates and federal courts can do nothing about it. that is not the kind of constitutional democracy that we live in. this is -- that is not our republic and that cannot be, you know, that's not the rule of law. the federal courts have got to be able to weigh in here. >> that's exactly -- you know, nightmare with me for a minute. right, once the right has found this technique, they could use it an almost anything whether they want voting rights or integrated schools. pretty much you'll be able to sue anybody but a police officer that killed a family member. >> well, that's exactly right and, you know, justice prior made that point. he said so if we were in 1957 alabama, you know, we and we had a state that said you know what? we the state won't stop little black children from integrating white schools, we'll just deputyize our residents to sue anybody that walks through the door, isn't that what you're saying? that put the pin in it. if the texas law gave people $1 million for suing people to block their constitutional rights even when they're not harmed in any way, let's be clear, anybody, any stranger off the street can say i'd love to make $10,000 and i won't have to pay any lawyers because i'll get my legal fees. i'm going to court. i mean, that's the kind of constitutional lawlessness that we fought a civil war over and i say that because what we were hearing from texas today was plain and simple, there is a republic, there is no konls constitutional. nobody can tell us what to do. >> elie, it feels like that's where it's going. the south africa model in full elect. regardless, i feel like this supreme court, the majority are down with that future. >> i mean, let's again, let's look at really the full scope of what they were arguing today. there was an actual argument from neil gorsuch and samuel saying the move to control women's bodies is no different than the move to force masks on people during a pandemic. they've actually made a 1-1 connection between mask mandates and taking away abortion rights. so that's at least, you know, two or three justices on the court are all the way over to the right in terms of their crazy and nothing seems to be happening to pull them back to the center. this is a generational problem we have that has come about because we let mitch mcconnell steal a couple of supreme court seats and now we have to deal with this for a generation unless democrats do something to reform the court. >> and once again, it brings us back to the reform of the court argument because you're right, that's the only way out of this nightmare. mark heron, maya wiley, elie, thank you. new details on the warnings of violence leading up to january 6th and the pressure placed on mike pence to show courage and spine to keep trump in office. down to the wooir in virginia. the lies about critical race theory that is not taught in any virginia school is a winning message for the party of trump. plus, the widow of a slain pastor joins me on the landmark settlement with the department of justice. and tonight's absolute worst, the alarming lack of urgency as the world literally burns. "the reidout" continues after this. y burns. 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i think it's 26-22 or something because it's counted one vote per state. >> it was just three days later trump told the proud boys to stand back and stand by but wasn't just right wing militia. the post reports researchers watched out trump's election lies radicalized his supporters in realtime and when trump turned his focus to the joint session of congress, the volume of threatening messages expanded by the hour from coast to coast, the regional homeland security offices were blinking red. the hour, date and location was the same. 1:0 0 p.m., the u.s. capitol january 6th. one official called d.c.'s health department and urged them to prepare for a mass casualty event. to sum it up, it's damming new evidence of the security failures that day but moreover, it highlights the fact trump was responsible for the violence that unfolded and yet, for 187 minutes as his followers laid siege to the capitol, trump did nothing. in fact, he didn't even report to the oval office he was hold up instead in his private dining room as the crisis played out. joining me is olivia troy, senior former senior hide to pennsylvania and accountability project. and olivia, there was lots and lots in this lengthy washington post report including reports that senator lindsey graham yelled at the sergeant of arms, what are you doing? take back the senate. you have guns, use them. he wanted them to start shooting at these insurrectionists. what do you take away from this sort of accumulation of information, the fact there were all of these blinking red warnings not listened to quite frankly all the way through donald trump's absence, i guess, is another way to put it, sort of a wall status that day. >> i think it's looking at the reporting and in depthness of this situation and to contrast that with the behavior of current republican leaders today where they continue to try to memory hold this. this is just so striking, right? 187 minutes where the president of the united states at the time sat, watched the capitol be attacked, watched lives, people get hurt, lives lost, watch leaders of our country fear for their lives and just sat there and did nothing. this is a man who still holds the republican hostage today is still bowing down to him and still kissed a ring. there are many candidates out there that refuse to denounce him and candidates seeking his endorsement as we go forward to elections. and so when i look at this, i think that is what you're subscribing to this type of individual on the darkest country of this day does absolutely nothing for our country to protect it, protect our democracy and this is a person, this is a person that everyone is rallying around. this is a person that youngkin still hasn't denounced him. we have an election tomorrow. by the way, some of these people organizing this rally, they're tweeting out today about the elections that are taking place tomorrow. they're already tweeting out conspiraies and lies about it and we've seen what that leads to. we've seen the type of violence that can lead to when they push these lies and that is what i fear is going forward. what this all means. we've seen all this play out. so we can't move on from this because it matters so much. it matters so much for the future and as i read this, that's all that kept going through my head and just so astounding to think about this, the greater picture. >> as a contrast, you have donald trump trying to hide documents and keep the sell -- select committee from finding documents. he said hey, maybe we can use congress regardless of how things go to keep me in office all the way through watching it happen. it feels at every turn donald trump was the person goating, pushing and inspiring people to commit violence anything to stay in power. it's hard to get around that, no? >> absolutely. he was the commander in chief of this entire insurrection. he incited it. look, when you're the president, words matter. when you're a leader, words matter. seeing the followers and supporters saying it's a call to action, he's called them to action and didn't tell them to bring guns, that's how they're interpreting this. they're interpreting this message. a lot of people use this as a double when they spoke. we were watching elected officials when they speak with such violence and put volence in their ads on social media now. that matters because it's processed and supported by the people that follow them and they take that in from a national security standpoint, remains very concerning. >> let's play a tale of two republicans here this is matt gaetz yesterday who we should remind folks is being invest gated for potential trafficking of a 17-year-old girl but not embarrassed. he's saying he thinks that he'd like to see the metal detectors at the capitol blown up. >> i said man, is it c 4 we want to put in the metal detectors and blow them up. >> it like c 4. >> you're a former republican fighting what used to be your party. it feels like they're all insurrection race scare mongering and accept the result an i election unless one of them wins it. >> this is who they are. there is no room for the truth. you see people like adam king -- adam saying he's doing this. there is no room for liz cheney. look at the way they treated her. this is are the republican party. anyone thinking other wise is delusional. i am concerned about going forward, what this means for our future as a country to have a party like this that continues to behave in this manner because it's fundamentally dangerous and we have one functioning party and we have to do everything we can to sort of support those people who are rational people who are actually trying to govern and push policies and make a difference in our country. >> it's a scary time. we say scaring is caring. olivia troy, thank you very much. appreciate you. all right. still ahead, it is election eve as you just heard and candidates are making their final pitches to voters in the virginia governor's race glen trump-kin is misquoting in his bid to put racial division and culture wars front and center. next. stay with us. ont and center next stay with us discover card i just got my cashback match is this for real? 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(vo) this is more than just glass, walls, doors and carpeted floor. and helping you plan for future generations. it's a place to change the world. loopnet. the most popular place to find a space. still fresh unstopables in-wash scent booster downy unstopables the immortal words of dr. martin luther king junior, there is no place for critical race theory in our school system and day one i'll ban it. >> the only quote they know. glenn youngkin's closing argument was republican gaslighting pimping the one martin luther king junior quote they could remember while vowing to erase everything from the history books. joining me is democratic strategists and charlie sikes. this is the closing argument. this is the way they want to go. and don, the reason that this kind of works is that they don't really have to make an argument what is to make people feel a certain way. republicans are good on running on feelings, not policy. this feels weird to me. i want to play this thing called the good liars a comedy troop, or video kind of i don't know what they are. they do comedy but interview people. here they are interviewing someone in virginia. one of them. >> what is critical race theory? >> well, i'm not doing to get into the specifics of it because i don't understand but it's something, what little bit i know, i don't care for. >> what have you heard that you don't like? >> i'm not going to -- you know, i don't -- i don't have that much knowledge on it. >> and to -- just for context, the actual original question was what's the most important issue in this race? and the gentleman said critical race theory. so, you know, republicans have managed to turn this thing, you can call it whatever you want, they made up a thing that makes people feel a certain way and so far, it's working for them in a certain level, right? >> it is. it is. first of all, to glenn youngkin's despicable twisting of dr. king's words, he says them, not twists them but says them out of context. as my brother the great says, we should never allow ourselves to be disocho avoied of the notion. that's why he was killed. we should never allow ourselves to forget that. critical race theory, we've seen it evolve into the situation of parental rights or parents rights in the school contest. they're talking about critical race theory as an avatar for white fragiity and white rights to not have to acknowledge sis -- systemic racism. unfortunately, for democrats particularly unfortunately for terry mcauliffe, he's allowed glenn youngkin to grab on to this sliver, this minor shade of truth and run it for the last 60 days of this campaign because of a perhaps less than careful moment that terry cauliffe had in a primary debate and gotten this far and we hope that he's not able to take advantage of low democratic turnout to run it this far but to be clear, this discussion of parental rights ultimately this discussion of critical race theory is not only a gross misunderstanding of what the academic definition and the academic discipline, derrick bells discipline of critical race theory is but it is an intentional misconstruing that misled these fundamentally white rural voters that black sup -- accept preliminary cysts are going to take over the schools. they know how to tap into that and it's so sad it's working five miles from where i live. >> charlie, i think the twisting of dr. king actually demonstrates how republicans have done this so well. they've taken somebody who was absolutely despised and thought of as a radical dangerous communist when alive and turned him into a greeting card saying nothing is ever bad. everything is fine. we just need to all talk about how good everyone is. they've taken his whole career and distilled it down to the one quote they can remember, content of our character and don't understand anything about dr. king. you don't have to know anything about him. you have to memorize one line and anything that makes you feel like anybody white is -- that you're saying white people weren't great all throughout history, ah, ah, i'll throw king at you. it's a feelings based strategy i'm not sure democrats ever figured out whether it was regan doing it with welfare, whether it's now, i'm not sure democrats figured out how to respond to it. >> no, we'll find that out tomorrow in virginia. you mentioned the name christopher rufo and i wanted to put a pin in that. he's one of the theorists and activists who is pushing this and he's been very, very transparent about his agenda that he wants people -- i think he actually tweeted out he wants people to pick up the newspaper and see something that makes them uncomfortable and immediately think critical race theory. so anything involving race that they do not understand or they might find questionable, you've labeled it critical race theory and i'm glad you played that clip. i was glad you mentioned that clip. you could have the same interview with legislators around the country, what exactly is critical race theory. should you show me an example of critical race theory and any public school in your state and in wisconsin. the republican legislature has not only passed a ban on critical race theory, they've come up with a list of words that are actually banned that you cannot use, terms like multi cultural and social justice. so it would be interesting if somebody would have gone back at mr. youngkin and said, you know, you're quoting martin luther king junior but you're going to ban what you call critical race theory. under your ban could you be able to teach about martin luther king? would you be able to have a curriculum that would include his letters from the jail. >> you could not. >> or the entire speech rather than the excerpt because i guess somebody will stand up and say well, that makes me feel uncomfortable. this is critical race theory. >> he talked about america go to hell. you can't teach that. i want to stay with you for a second, charlie. the tomahawk chomp. can we show this? trump did it at the major league baseball game at the world series game. he and his wife did it. the governor of georgia did it. they're all participating in this. it's the same kind of thing. there is this sense among some white americans, not all, but some that you don't -- that they aren't allowed to do or say what they want because some minority group will be offended and it is that, that's what critical race theory is to them, that i don't get to say the jokes i want to say, say the memes i want to say and do the t tomahawk chomp. >> they like -- >> remember when major league baseball boycotted the state of georgia because of restrictive voting law and major league baseball is back with the world series and invite donald trump to come and do the tomahawk chop so speaking of hypocrisy, but you're absolutely right. i mean, what someone like donald trump does, he gives permission for people to engage in behavior. >> be your worst self. >> at the point of questioning. i do think you see this in the context of a new white backlash, the kind of thing we saw as you have pointed out on the show over and over again of reconstruction. >> yeah. >> and this is basically just the fill in for the term they use to provide them the context. >> absolutely. they don't want to be reconstructed. they say i want to be my worst self-and accept it and i don't care. that's what they want and that to them is what critical race theory means. up next, a historic settlement in the 2015 massacre at the mother emanuel church in south carolina. we'll be right back. emanuel chu south carolina we'll be right back. i booked our hotel on kayak. it's flexible if we need to cancel. cancel. i haven't left the house in a year. nothing will stop me from vacation. no canceling. flexible cancellation. kayak. search one and done. flexible cancellation. that was quick. and rewarding. i earn 3% cash back at drugstores with chase freedom unlimited. that means i earn on my bug spray and my sunscreen. you ready to go fishing? 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>> she's 12 now. >> does she talk about it? >> she doesn't. with both of my girls, we'll talk about their father and, you know, daddy this and daddy that and just bring up different things he used to say and do and so forth but as far as her bringing up that particular day, no, she doesn't. >> and senator, you searched -- served with him and talked about his last words. >> clemente gave a wonderful speech about body cameras after the murder of walter scott and in the end he said god teaches us to love all and in the end, justice will be done and that's one of the best speeches you'd ever hear from the senate floor and it was somewhat prothetic. clemente was an absolute person. any time there was something going on with the church or church member or in the senate, he was a pastor first. >> you know, when i think about those final words, i remember a pastor, not from south carolina saying to me, you know, black folks are always expected to have amazing grace no matter what we suffer and how much we're hurting, we're supposed to have grace. i remember media people asking the victims of the charleston nine, the family members do you forgive. i want to ask if you're still angry. the state of south carolina obviously failed you. this court has said they failed you. are you still angry about that? >> you can't be angry. that's something that, you know, if you hold that in, you can't move forward. >> yeah. >> and so you have to be able to -- you never forget. you'll always remember and i will always be there to talk to my girls and tell them and other people what happened and so forth. that's from my standpoint. but something you never forget. >> let's talk settlement. $88 million. for people not familiar with white nationalists and white supremacist. they use 88 for hitler. that is their symbol. that's a very heil hitler, that is a very significant settlement amount. talk about what that means? >> well, on the day of reaching the settlement, it really didn't cross my mind. we were trying to do the best that we could for these families because they had suffered so much and had given so much but during the evaluation, what we have is that we have a civil case, we had been in mediation for the better part of two days, jockeying back and forth. it wasn't easy. and so then at the very end when we got to a point and said, this is the number, then someone says, there's somebody else's hands touching this, this is the hands of god. there's something going on here because in the end, not to be cute about it, would you have taken 100 instead, of course, but what happened was is that that was the number and we had a discussion about it, and then the question was do we need to change it from a dollar less or a dollar more or something, and someone said, you know what, let's take it back. let's make that number mean something. >> yeah. >> when it meant something to someone else, they used it as a racist symbol, let's take it back and make it a symbol of pride. this is something where we were trying to right a wrong, and hats off to attorney general merrick garland for his compassion, for his emphasis on civil rights, and all the work of all the lawyers that were involved on both sides, anita gupta was tremendous in this work. we had bacarri sellers come in and broker part of the deal, and mulles mcleod and others worked really hard on this case. it was a come togetherness at that time, and that number came in, and right now, the number means something else to us than the number of bullets that dylann roof took into the church, 88 bullets, he used 77 and 7 magazines, the 88 that he inscribed on his shoe. it meant something to him. it means something else for us, that this is a just result. >> and ms. pinckney, you had a chance to meet with the attorney general. would you share some of what he said to the families? >> he was just very compassionate. it almost looked like he had tears in his eyes. i mean, you know, he was like, i know this doesn't bring your family member back, but it was something that, you know, we had to do. >> yeah. well, i want to, you know, just say that we have deepest condolences to your family. you and your girls, for your loss. and i want to congratulation you all as the attorneys who made this settlement happen. this is justice in a way, as you said, it's not going to bring back your loved ones, but jennifer pinckney, senator gerald malloy, thank you both very much. really appreciate you both. >> thank you. don't go anywhere, tonight's absolute worst affects every single person on this planet, and we are quickly running out of time to do something about it. we'll be right back. t it we'll be right back. wealth is t big investment. worth is a partner to help share the load. wealth is saving a little extra. worth is knowing it's never too late to start - or too early. ♪ ♪ wealth helps you retire. worth is knowing why. ♪ ♪ principal. for all it's worth. will is saving big holiday shopping at amazon. so now, he's free to become... wonderland will. deck the halls with printer paper! recycled of course. meet chef clem, owner of doughn't be sour, a sourdough doughnut company. she was flying back from a conference, when she got a text: she needed a bigger fridge asap if she was going to fulfill her orders. so she used her american express business platinum card® to earn more points on the big-ticket purchase. she got the new fridge, fulfilled the orders, and with her extra points, she got new equipment that allowed her to expand her business by rolling out a new product. get the card built for business. by american express. ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪ wondering what actually goes into your multi-vitamin. at new chapter. its innovation organic ingredients and fermentation. fermentation? 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