>> i'm so excited about tomorrow. it's not because i don't have to write anything tomorrow because we're doing my favorite thing, which is election coverage preempting these hours. but we are going to be working together again, and that's a very exciting thing. if you can call it work. it's really just kind of -- we're sort of on tv watching tv, like watching the returns, like what's going to happen next. >> i'm going to be air guitaring the tympani every time we come out of a commercial. i'll be flagging down steve kornacki any time i have a spare thought or it looks like any piece of new data may have wafted his way. i'm super nervous about being around everybody, but i'm also super excited. the ballots will be up and down and it will be impossible to predict. >> i'll be doing election coverage of the mayor in boston tomorrow night. that will be my beat. >> i'm going to get my beauty sleep. i'll see you tomorrow. >> thank you, rachel. thank you. >> good night. today a united states supreme court heard three hours on the new texas abortion law. the law allows any provider in texas who provides abortion services. after six weeks of pregnancy, the law does not allow any exception for pregnancies that are a result of rape and/or incest. under texas law, if a father rapes his daughter, that father can also sue anyone who provides abortion services to the daughter he raped. that is the law. the texas legislators wrote that. that is how perverted that law is. and as long as roe v. wade is the law of the land, the texas law is grossly unconstitutional. texas voted its new law by insisting that the texas legislature outsmarted the federal government and the united states supreme court by writing a law that empowered citizens to enforce the law, and, therefore, no one has a right to sue the government of texas to block a law that the government of texas is actually not technically empowered to enforce. here's what solicitor general elizabeth prelogar said to the court. >> across the arguments this morning, texas' position is that no one can sue. not the women whose rights are most directly affected. not the providers who have provided these women with care, and not the united states in this suit. if that is true, if a state can just take this simple mechanism of taking its enforcement ah authority and giving it to the general public, backed up with a bounty of $10,000 or $1 million, if they can do that, then no constitutional right is safe. no constitutional decision from this court is safe. >> mark harris said this. >> in enacting senate bill 8, the texas legislature not only deliberately prohibited the exercise of a constitutional right recognized by this court, it did everything it could to evade effective judicial protectionful that right in federal or state court. to allow texas' scheme to stand would provide a road map for other states to abrogate any decision of court with which they disagree. at issue here is nothing less than the supremacy of federal law. >> justice elena kagan made it clear we have not seen anything like this. >> the fact that after oh these many years some geniuses came up with a way to evade the commands of that decision as well as the command that the broader, the even broader principle, that states are not to 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. >> the u.s. solicitor general said that the texas law's intention was, quote, to thwart the supremacy of federal law in open defiance of our constitutional structure. >> states are free to ask this court to reconsider its constitutional precedents, but they are not free to place themselves above this court, nullify the court's decisions in their borders and block the judicial review necessary to vindicate federal rights. >> chief justice john roberts who voted in september to block the law from going into effect seemed exasperated by the solicitor general for the state of texas, judd stone. >> assume that the bounty is not $10,000 but $1 million. do you think in that case the chill on the conduct at issue here would be sufficient to allow federal court review prior to the end of the state court process? >> no, your honor. i might add this is specifically a damages action. it is capped at much less than that. that is a significant difference. >> my question is what we call a hypothetical. >> leading off our discussion tonight is neal katyal, former acting solicitor general and msnbc contributor. neal, i want to begin with that last point that the chief made about his hypothetical and what if the amount of money were higher, trying to show what the chilling effect is on behavior because of the threat of lawsuits. >> exactly. so, you know, as an advocate, the last thing you want to do is get what the chief justice said in that question, which is, hey, this is a hypothetical, please answer it. it was the texas solicitor general's, i believe, first argument. i thought he did well with what he had to work with, which was not very much. lawrence, i think the conventional wisdom among chief court analysts are you can't predict much from the element. they're asking tough questions from both sides. if i think back to my 45 oral arguments at the court, you can often predict where the court is going to come out, and i think it's likely that texas did lose the argument today, both because the audaciousness of the law and they already lost in texas because two months ago a procedural case decided against texas as part of four descen descending justices. justice kavanaugh said texas' position was contrary to the whole spirit of 1968, and also justice barrett said that she was worried the texas law didn't provide full enforcement of federal constitutional guarantees in state courts. so taken together, i think anything can happen, but it looked very bad for texas. >> in the previous hour, rachel played some of the tape that showed that the texas solicitor general, when cornered on -- by justice kagan on eliminating, just eliminating the constitutional right for women who think they might be more than six weeks pregnant, he said, in effect, well, no, we didn't eliminate it but we may have diminished it. he said we may have diminished it a little bit. in terms of supreme court arguments of infringing upon rights, how does that fly, the notion that, well, we didn't eliminate it, we just diminished it. >> i think the greeks called that soffistry dressed up as some technical argument. it was frankly hard to follow as justice kagan said, that texas was saying. today was just a procedural question, really, about whether this vigilante provision means that you can't actually even sue texas or its officials. it's not a judgment on whether roe v. wade is going to be the law of the land. so if my prediction is right and texas loses in the supreme court today's oral argument, that doesn't mean that this supreme court is going to now uphold roe versus wade or anything like that, and indeed, a month from today they'll be hearing a case in mississippi which is designed to overrule roe versus wade. it's very possible that the same justices who today strike down the vigilante or bounty provision on procedural grounds may still vote to overrule roe versus wade. elections matter, tomorrow's election matters. who we send to congress matters and of course who is on the u.s. supreme court. >> so what are the options for the court in this case? is it -- are they being asked to simply allow people to file lawsuits and bring lawsuits to block this law in federal courts? >> right, that's the basic claim that the challengers in the discovery are making, which is let us have a day in court and at least argue whether the texas law is constitutional or not. if texas had its way, you couldn't actually file a lawsuit at all or you would have to wait as long as it takes until someone brought a private bounty hunter lawsuit under this new texas law. that really is it. i think they made a broader claim. they would like to up hold roe versus wade, but that really isn't front and center of the court, and i don't expect them to rule on it in this case. i think they will start to reach that in mississippi, and indeed, may have the texas case come back to the united states supreme court on the roe versus wade question sometimes next year, presumably after the senate midterms. >> based on your reading of where the court's headed here, what is the effect for abortion services providers in texas if the court rules in the way you're anticipating? >> well, if they rule soon, then what it would mean is that texas challengers, the folks challenging the texas law, would go into federal trial court in texas, and then indeed the court of appeals, and say we want a stay of this law. we want it to not take effect until it is blessed by federal courts. and it's pretty hard to bless this law because it is a straight violation of roe versus wade. it would take a united states supreme court decision to really reinstate the law. and that's probably a year away. so i think the effect of today's decision is likely to be -- today's oral argument, if it's likely that texas loses, will be to say got to go to the lower courts, the lower courts will probably keep that law stayed so it can't go into effect. abortion services can resume in texas for approximately what would be the next year. there are a lot of caveats and guesswork in what i'm saying to you, but i think that's probably the most likely scenario right now. >> neal katyal, thank you very much for starting us off on this tonight. i really appreciate it. joining us now is dr. garzella moyete. she is an obgyn physician in texas and a board member at the physicians for reproductive health. doctor, what was your reaction with what you heard in the supreme court today? >> you know, disheartened that we're here still without abortion access in our state, that there are people in d.c. talking about my community while my community suffers, still. and, you know, i hope this decision comes quickly but it's already been 61 days too long. >> you just heard neal katyal say there is a distinct possibility that this case will basically reopen in a year, it might buy a year, in the ultimate deliberation on this case. how will that change things in texas? will providers come back in providing these services? >> that remains to be seen with what the supreme court decides. one of the particularly nefarious parts of this law is that if there is an injunction but then later the law is held in place that physicians and providers can be sued for the abortions they provided while there was an injunction. so that piece is also critical to understand. we had an injunction for just a few days not too long ago, and that didn't mean all of a sudden people got abortion care. we were still at risk of getting sued once the injunction was overturned. >> what is the situation in texas now? what are women experiencing in texas now? >> yeah, so in texas right now, abortion care has nearly stopped in comparison to september of last year. we have a report that came out just last week from the texas policy evaluation project that showed that abortion care was cut in half in comparison to the year before. now, that's likely due to the number of people that we saw in august prior to the law being put into effect, and i think as we see those numbers continue, as we see this ban continue for longer and longer, we're going to see less and less people able to access that care. what remains to be seen is how many people are actually able to leave the state. last week i went to oklahoma to provide abortion care like i do, and 80% of the people i took care of were from texas. about three were from my neighborhood right here in dallas. many drove over eight or nine hours from galveston or the coast to make it to oklahoma city. that means the people in oklahoma are having to travel outside of oklahoma to get care. that is causing ripple effects in abortion care throughout the country, not just in texas. >> dr. garzella moayedi, thank you for being here. >> thank you for having me. joe manchin thought it was unprecedented in hostage taking. it sounds like the hostage may have been released. ro khaana will join us in just a moment for what it all means. wia moment for what it all means ngu. become an owner. ok everyone, our mission is to provide complete, balanced nutrition for strength and energy. whoo hoo! ensure, with 27 vitamins and minerals, now introducing ensure complete! with 30 grams of protein. oof. you are busy ensure complete! working parenting, problem solving. at new chapter vitamin's we have been busy too. innovating, sourcing organic ingredients testing them... and fermenting. fermenting? 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>> here's why we didn't vote on thursday. we wanted to vote for both bills, on the bipartisan bill and the build back better bill. we had no say on the other bill. before the weekend, before senator manchin's statement, we came to a consensus that we wanted both bills to be voted on this week, and we're going to do that. >> you can't really vote on the reconciliation bill until the cbo has scored it. it wouldn't be a proper legislative bill in the senate without that cbo score. what manchin was saying, as kind of threatening as it sounded,s was describing what the senate procedure is. >> correct. let's see when the cbo scores cuts. i know they probably ex pe dated it by the end of the week. i think what will happen is both, your bill will go where the president says. that becomes law. with the other bill, there is still some risk. it depends on the senate voting for it. i am confident that this president will prevail and we will get universal child care, and that those priorities will be in the final bill. >> so your position, then, is let's have the house basically just call the senate's bluff on this, which is to say call the bluff of two senators, a senator who remains absolutely quietly. you want the house to vote on the reconciliation bill, send it to the senate and find out if senator manchin and senator sinema are going to vote for it. >> exactly. and i don't think when push comes to shove, and you have the house unanimously for it, you have the speaker for it, you have senator schumer for it, one of the two senators is going to see the bill. i think they're going by and large to the framework. remember this, lawrence. it would have been easy for him two months ago to say, hey, look, i have all the votes. he didn't do t. he's very careful about his word. i disagree with the president but he is a straight shooter. when he gives you his word on something, you can take it to the bank. i think that's why a lot of people trust him. >> so this would be a big strategic shift. both houses have never sent a bill to the senate without an understanding that the democratic senate could pass that version of the bill. >> she's still maintaining that. she's saying she wants to make sure whatever we pass in the house passes the senate. she doesn't want members to have to vote for something that doesn't become. look, sometimes senators say things publicly, they have to say things publicly. of v senator that, they will not stand in the way of delivering for the american people. we have to do something for this party, we have to do something for the election. this president is going to pull up perhaps the most transformative agenda the working class in the last four years. >> there's never been anything like it. the idea that you could have an -- is just something we've never even before. . so it is remarkable that it has come this far, but it seems, not having any idea what joe manchin is going to be willing to do in the end, although it seems like he'll be on some version of the bill. but senator sinema, we just don't have the vaguest idea. she just seems to have no sense of responsibility whatsoever for public accountability for letting her voters know what work she's trying to do or letting her colleagues in the congress know what she's trying to accomplish. >> lawrence, and that's what's been disappointing. we've discussed this before. no transparency, no accountability. but i'm convinced now that she's told a few key people that she's for it. think of it like this. think if you had a big thanksgiving dinner, you're doing the menu, and any one relative can say no to the whole thing. that's what it's like for this president. he said hours. i thought, okay, spend an hour and a half with the pope. he's had so much patience, so many relationships, the speaker has so many relationships, they're pulling together something that is remarkable. finally we did something for the working class, putting more money in their pocket when the child allows tax credit. >> congressman ro khaana, thank you for joining us once again on this. we really appreciate it. >> i appreciate it. joining us now is norm orrenstein. norm, i have the same questions. what is going on here? >> i'm not going to panic, lawrence. we are waiting for that cbr score. my guess is it's going toly, the bipartisan infrastructure bill, that is, come up for a vote in the haas. so we're not exactly speaking about one of the great iron eempl, if you referred to it as the democratic equivalent of freedom practice, they're the rag makt buns. they're willing to take a couple reasons that ro khanna enter them. one, i believe, has -- it's. >> but they're going to vote inside the bill. they're not embassies of that bill. passes it through the house doesn't mean it'sly. sends it to the -- there's a little bit of time after they foose. i will be shocked if we don't ultimately get something, as ro khaana said, that is historic in these unbelievably small margins. >> is nancy pelosi likely to have it in the house if it wasn't wired for the senate already? >> she, like whatever.. i doubt they'll get to y with are. from the wholy. so i think there's reason to believe, and i believe the progressive caucus has that reason to believe that they're u.s. so a couple senators with the bait and switch. >> if they're waiting for speaker pelosi to basically get this fixed with the senate, we're still waiting for the same thing we've been waiting for all along which is to lock in those twinl two. it doesn't surprise me that it would a ily. then cbo came. remember, the parliamentarian is going to keel. i won't be surprised if they look at me through the details and framework of the bill. we're not. it's ike the ld. what weaver done with the he ought to come. no more tonight. thank you for joining me. we always appreciate it. >> thank you, lawrence. coming up, we all know exactly what donald trump is trying to prevent the january 6 committee from seeing. chairman adam schiff, a member of that committee, will join us next. a member of that committee, will join us next (jackie) i've made progress with my mental health. so when i started having unintentional body movements called tardive dyskinesia... i ignored them. but when the twitching and jerking in my face and hands affected my day to day... i finally had to say, 'it's not ok.' it was time to talk to my doctor about austedo. she said that austedo helps reduce td movements in adults... while i continue with most of my mental health medications. 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>>. >> not at all surprising he wants to block the committee from finding out about his conduct on january 6 and in the days leading up to that date. all of those records are pertinent to our investigation, all those records are pertinent to being able to legislate to protect the country going forward. look, if the trump lawyers don't know it already, they should. their claims have no merit. as you said, lawrence, the sitting president has the authority to assert it or not assert it, so biden is not asserting privilege here. he recognizes that the national security interest is paramount here, that congress should be able to do its work, and one of the amicus briefs that was filed by dozens of members of congress, if you can't effect to a congress president biden to do oversight, then congress should just go home. >> for the most part, the very concept of presidential executive privilege has been grounded over time in national security concerns, for the most part. of course, the president would not want it revealed that he had a certain discussion about some interaction or threatening interactions with a foreign country of some kind. you, on the intelligence committee, would support that kind of privilege. you have shared -- information has been shared with you on the intelligence committee that you cannot reveal, and that's the kind of thing that we normally think of as being protected by executive privilege. >> it is. and, you know, it also protects a person's ability to confide in top people around him. but as we saw in the nixon case, those considerations ultimately have to give way if there is a paramount need to know in the congress and in the country. that was true in terms of nixon and the watergate tapes, and it's true here. indeed it would be hard to stay the stronger case even if there was a privilege, even if joe biden asserted a privilege here, which he is not doing, it would be hard to overcome congress' need to know when we're dealing with a violent attack on the congress and attempted insurrection. so if there was ever a case to override a privilege, it would apply here, but here it doesn't apply because biden has been willing to uphold congress' need to know. >> we just saw the united states supreme court today rush a hearing on the texas abortion law really speed up their process. should the courts be doing that in this case? >> well, i think there is a need for expedition in terms of the january 6 committee's work because there is an urgency to being able to protect the country from another violent attack. the president continues to push out the big lie that led to the first attack. i do think it's really important. i would also say that the courts need to be mindful of the practice of donald trump to delay justice in order to escape justice. we saw that for four years as the former president went up and down the courts merely for the purpose of delay. and here that delay could be disastrous for the country, so yes, i think all of the courts, district court, court of appeal, supreme court, any courts that look at these issues need to move with the greatest possible expedition. >> congressman, before you go, can you clear up what is now my confusion about what is happening in the house of representatives right now this week on the senate infrastructure bill? is the house going to vote on passing the infrastructure bill that passed the senate with a bipartisan vote in august? >> yes. we're going to take up both bills this week and both bills will pass. and i agree with what norm was observing that i think the progressives, and i include myself among the group, have been very pragmatic and have been willing to trust that the president and the senate will get the votes to pass the build back better act. that's an act of faith, i think, and i think that faith is well placed. i have confidence in the speaker and the president and senator schumer. we're going to get this done, and it really is miraculous that with a 50-50 majority and practically 50-50 in the house as well that president biden will be able to achieve new deal magnitude investment in the person people, which is so desperately needed. it will be a dramatic accomplishment. >> has the speaker told you that they're going to vote on both bills this week? >> you know, i haven't had that personal conversation with her, but i think she's made it clear we're taking these up. i'm confident if she is ready to take those up that she is confident that we'll pass this in the senate. >> congressman adam schiff, thank you very much for joining us tonight. really appreciate it. >> thank you. coming up, tomorrow is election day in america. dnc chair jamie harrison was knocking on doors in virginia. he will join us next. virginia. he will join us next so i only pay for what i need. how about a throwback? 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we're on it. we're on it. with jardiance. ask your doctor about jardiance. the last public poll before the election for governor in virginia shows the candidates are tied. the democratic poll shows terry mcauliffe at 49, glenn youngkin at 48%. the difference is 1%. governor mcauliffe in virginia is not allowed to run for consecutive term. the only governor to run for a second consecutive term is mills godwin who won as a democrat in 1965 and won again in 1973, but that time he ran as a republican. if terry mcauliffe wins tomorrow he will be the first virginia governor to win two critical role they'll play on tuesday. not only did mcauliffe win a prior term as governor with the overwhelming support of black voters, especially black women, every national election since then has proved how critical they are to democratic chances of victory in close races. here's what terry mcauliffe said earlier today. >> how important do you think the african-american vote will be in this election? >> always very important here in the commonwealth of virginia. we're very encouraged. obviously i did more voting rights than any governor in the history of america. walking off the stage in the back room, three people came up to me and said thank you for giving me my rights back. it's very important, critical vote. >> joining us now jamie harrison, chair of the democratic national committee. mr. chairman, thank you very much for joining us tonight. you've been in virginia. tell us everything that's going to happen there tomorrow. >> well, lawrence, thank you for having me. listen, terry's going to win this race, and i know that folks are on the edge of their seats, you know, polls say that it's close. you go into every election understanding that it's close, but at the end of the day, it's just about turning out the vote. and the folks in virginia know terry mcauliffe. they know the work that he's done as governor, and they know that he will continue to deliver for them. i'm excited about it. i was excited to be there with him almost every weekend just pushing out and making sure that we got folks energized and educated about what's at stake in this election. and i believe terry mcauliffe is going to be the next governor from the commonwealth of virginia. >> what we know about the early vote seems to indicate an overwhelming majority for democrats in that early vote. what do you expect the share of the vote to be tomorrow? what percent of the voters will have voted early? what percent are going to vote on election day? >> well, you know, some of the estimates are that, you know, you could get another 2 million voters to come out tomorrow in tomorrow's election. we're not sure, but we feel really, really good about the early vote and how that breaks down. now we need to focus on those voters who are a little more difficult to get to come out to vote. making sure that we're doing phone calls. we're still doing door knocking. all the things that are so necessary in order to win elections. we're going to do everything that we need to to make sure that terry mcauliffe is the next governor. >> so the final "washington post" poll does include something of a reversal of fortune for president biden. it shows him with an approval in the state of 46%, 53% disapprove. now that's a state where joe biden won the presidency with 54% of the vote to donald trump's 44% of the vote. so that seems to be a drop in support for the president in virginia. how does that affect this race? >> well, you know, the president said it the other day. polls will go up, polls will go down. we see this with almost every president. at the end of the day, we have to stay focused on delivering for the american people. terry has been delivering for the longest time in virginia. the democrats have delivered, and we have to continue those efforts. that's our big focus. and you know, once we get this race and new jersey behind us, we will work very, very hard to sell the build back better agenda that the president has put forward that will really improve the lives of so many american people. so i'm excited about that, and you know, i'm looking forward to tomorrow when we can proclaim both governor murphy and terry mcauliffe as the winners of both of those very, very important elections. >> pramila jayapal said today that she doesn't believe that the delay and the slowdown and deadlock at times in the legislative process among democrats in washington has affected the campaign in virginia. what is your response to that? >> well, i think it's important for folks to see that democrats are working together to move things forward, and that's why we have to get these bills passed and done. i do not -- i tell you what, as the chairman of the dnc, i do not want to go into the midterms into next year still worried about these bills. we're going to get them done this week so that people know that we are delivering for them and that when we're in office, that's what we do. democrats deliver while the republicans sit on the sidelines and obstruct and everything else that isn't helpful to the american people. >> democratic party chair jamie harrison. thank you very much for joining us tonight. we always appreciate it. >> thank you, lawrence. >> tonight's last word is next. e >> tonight's last word is next aleve it, and see what's possible. and also try alevex topical pain relief. 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"the 11th hour" with brian williams starts now. good evening once again, day 286 of the biden administration, and the eve of a critical election day including the most closely watched contest in a state joe biden won easily in 2020. just hours from now, polls will open in the commonwealth of virginia where democrat terry mcauliffe, republican glenn youngkin are in a tight race for governo

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