parenthood versus casey. the potential to overturn 50 years of precedent weighed heavily on today's proceedings, as mississippi argued that the court's 1973 roe decision was, quote, egregiously wrong and a poison on the law. the conservative justices in the majority didn't all signal an outright willingness to completely overturn roe. but many of their comments suggested a willingness to weaken it perhaps substantially. let's listen to justice kavanaugh's line of questioning with mississippi solicitor general, many believe a crucial vote in this case given his previous defense of roe as precedent on precedent. >> you're not arguing that the court somehow has the authority to itself prohibit abortion or that this court has the authority to order the states to prohibit abortion, as i understand it, correct? >> correct, your honor. >> as i understand it, you're arguing that the constitution's silent and, therefore, neutral on the question of abortion? in other words that the constitution's neither pro-life nor pro-choice on the question of abortion but leaves the issue for the people of the states or perhaps congress to resolve in the democratic process. is that accurate? >> right. we're saying it's left to the people, your honor. >> if you were to prevail, the states, majority of states or states still could or -- and presumably would continue to freely allow abortion, many states, some states, would be able to do that even if you prevail under your view. is that correct? >> that's consistent with our view, your honor. >> we also heard chief just roberts question whether or not a 15-week ban on abortion was really that much of a departure from the current viability standard of around 24 weeks. abortion rights proponents including the biden administration argue that this is a major difference. look, whatever your views are on abortion or roe, the decision has for the last 50 years brought a level of stability, some might say uncomfortable level of stability, but it has been a level of stability on a controversial issue. a band-aid that's worked. this new 6-3 conservative court is poised to delays us potentially into a post-roe era. what does that look like, especially in this hyper-polarized environment where nuance apparently is never allowed? let's talk about some of the legal arguments here. joining me is justice correspondent pete williams, also with me is former new york federal and state prosecutor and nbc news legal analyst hallie weinstein. she was a clerk for the supreme court under justice sandra day o'connor who was name checked a bit today. and we'll be going to yasmin outside the supreme court talking to folks passionate on both sides of this issue. pete, let's start with what you learned from this today. a lot of time spent on the issue of precedent and how important precedent is here. so clearly there's a large conversation about the -- about overturning roe. >> right. so the three liberal justices all seem to say we have to send the message that we're not a political body, that people will think we're changing -- overturning this precedent just because the membership of the court has changed or just because there's now new political pressure. and they were -- that of clearly a warning to their colleagues. but i don't think it's going to make a difference. the court is pretty clearly, it seems to me from the argument today, going to uphold the mississippi law that would ban abortion for the most part after 15 weeks of pregnancy. stepping away from the holding of roe in casey and the other cases that say you can't ban it, you can restrict it, but you can't ban it before viability which is 24 weeks. now, whether the court will take the additional step when they come to writing the decision of actually overturning roe v. wade, i don't know. but i think you're right to focus on justice kavanaugh. he gave a long list of cases in the past where the court has overturned precedent on discrimination cases, school desegregation, business regulation, and so forth. and he said some of our best decisions have been overturning wrongly decided cases. >> don't mean to cut you short here. i think i warned you we were going to hear from the president. he's speaking now a little about the virus, but he's going to be talking about the supply chain issues. let's listen in. >> take your children to get vaccinated. every child over the age of 5 can get a safe, effective vaccination. tomorrow i'll be putting forth the next steps we'll be taking to fight covid this winter. not with shutdowns or lockdowns but with more widespread vaccinations and more. to the economy, you might think the shelves in all our stores are empty across the country. that parents won't be able to get presents for their children on holidays -- this holiday season. here's the deal -- for the vast majority of the country, that's not what's happening. because of the actions the administration has taken in partnership with business and labor, retailers and grocery stores, freight movers and railroads and those shelves are going to be stocked. and many have heard that the ceo of walmart, who i met with this week speaking to the steps we've taken, he said, and i quote, the combination of private enterprise and government working together has been really successful. all the way through the supply chain. there's been a lot of innovation, end of quote. here's what the progress has looked like -- the first thing we had to do was speed up the operations at our ports. americans are buying more goods than ever, and a lot of those goods come through our ports. 40% of the good that's come into the country on the west coast come through two ports -- los angeles and long beach. to help relieve congress jeff sessions, i brought together -- congestion, i brought together labor and management and asked them to step up and cooperate more. to move forward in operating those ports not five days a week, 40 hours a week, but 24 hours a day, seven days a week, more shifts at night and on the weekends. then we had to make sure that people could transport those goods from the ports to stores and homes across the country. we have broken up logjams there, as well. private sector port terminal operators at the ports of los angeles and long beach, for example, have announced that they're going to eliminate fees when truck drivers come on the port -- come into the port to pick up the containers. if they do it at night or on the weekends when roads are less congested. workers in my administration, a major ocean carrier, the fourth largest in the world, announced on monday a new $100 discount when containers are picked up quickly with larger discounts for nighttime and weekend pickups. and we announced this week that we're extending through february extra flexibility that allows truckers to drive more hours when they're transporting goods like good, food, and medical supplies. paired with these important safety measures, all of them are going to help move goods more quickly and get products that people want on the shelves all across the country. over the last month, the number of containers left sitting on docks blocking movement to those stores was for over eight days. now it's down, it's down by 40% which means they're heading to shelves and stores more quickly. that's an incredible success story. the ports of los angeles and long beach have moved 16% more containers so far this year than last year. by working with business and labor, my administration's been able to handle the huge surge in goods moving through some of our biggest ports. and that's translated into shelves across our country being well stocked. you don't have to take my word for it. on monday i convened a group of ceos from some of the largest retailers and grocery stores in the nation, as well as companies who work with small businesses across america. including the ceo of walmart, as i mentioned, along with best buy, cvs, samsung, mattel, etsy, and qvc. my administration has been working with many of the ceos and others to keep these goods moving through our supply chain to ensure the shelves are stocked heading into the holiday season. the ceos i met with reported that their inventories are up, shelves are well stocked, and they're ready to meet consumer demand for the holidays. the ceo of -- of etsy represents over five million small businesses and entrepreneurs. he told me, and i quote, our data says there are less -- they are less concerned about supply chain challenges this year than they were last year, end of quote. i've also spoken with the ceos of u.p.s. and fedex which are on track to deliver more packages than ever. now, i can't promise that every person will get every gift they want on time. only santa claus can keep that promise. but there are items every year that sell out that are hard to find. some of you moms and dads may remember cabbage patch kids back in the '80s or beanie babies in the '90s or other toys that have run out at christmas time in past years when there was no may have chain problem. we're heading into a holiday season in very strong shape. it's not because of luck. we averted a potential crisis by figuring out what needed to get fixed, and then we brought people together to do the hard work of fixing it. that's exactly what we're doing with the second concern i want to talk about today -- prices. here are a few things you should know. just about every country in the world is grappling with higher prices right now as they recover from the pandemic. in the united kingdom, price increases have hit a ten-year high. in germany, a 28-year high. in canada, price increases are the highest they've been since the '90s. this is a worldwide challenge. a natural byproduct of a world economy shut down by the pandemic as it comes back to life. prices are still out of -- excuse me, prices are still out of sync as the world comes back. but as we continue to overcome these obstacles, the more price pressures will ease. but i have not been content to sit back and wait. i've used every tool available to address the price increases, and it's working. take gas prices. last week i announced the largest ever release from the united states strategic petroleum reserve to increase the supply of oil and help bring down prices. i brought together other nations to continue and contribute to this solution. india, japan, the republic of korea, the united kingdom all joined us. they all agreed to release additional oil from the reserves. and china may be doing so, as well. this worldwide effort we're leading will not solve the problem of high gas prices overnight, but it has been making a difference. over the last month, likely due in part to the anticipation of this action, we've seen the price of oil and gasoline on the wholesale markets come down significantly. in fact, since the end of october, the average weekly price of gasoline in the wholesale market has fallen by about 10%. that's a drop of 25 cents per gallon. those savings should reach the american people very soon, and it can't happen fast enough. and i've asked the federal trade commission to consider whether potentially illegal and anti-competitive behavior in the oil and gas industry is causing higher prices to be maintained for consumers when the overall cost of oil is down. we can also ensure that the american people are paying a fair price for gas. so let's take a step back and take stock of where our economy is. wages are up thanks to the american rescue plan. we've delivered significant tax cuts for families raising kids. tax cuts and rising wages for middle-class families mean americans on average have about $100 more in their pockets every month. and -- than they did last year. about $350 more each month than they did before the pandemic, even after accounting for inflation. let me repeat that. even after accounting for rising prices, the typical american family has more money in their pockets than they did last year or the year before that. in fact, we're the only leading economy in the world where household income and the economy as a whole are stronger than they were before the pandemic. you know, there are other signs of strength, too. a number of small businesses up by 30% compared to before the pandemic thanks to the american rescue plan. we've cut child poverty in america by more than 40%. think about that. millions of children who spent last christmas in poverty will not bear that burden this holiday season. and the treasury secretary, janet yellen, described it yesterday that it is, quote, a profound economic and moral victory for our country, end of quote. since i took office, we've had record job creation, 5.6 million new jobs since january 20th of this year. the unemployment rate has fallen to 4.6%. we're seeing more new small businesses, higher wages, and more disposable income. fewer children in poverty. fewer people getting unemployment checks. none of this was inevitable. it was because of the american rescue plan which virtually every democrat in congress voted for and every republican voted against. it was because of the hard work my administration has done to try to solve the challenges in our economy instead of just pointing fingers and complaining. now, now it's time to build on our success and cut costs further for families. that's what my "build back better" plan does. it will lower out-of-pocket costs for childcare, elder care, housing, college, health care, and prescription drugs. these are the biggest costs that most families face. in fact, the new independent analysis released today showed that my "build back better" plan would mean $7,400 in tax cuts and savings for the typical family with four -- excuse me, the typical family of four with two kids. 17 nobel laureate winners in -- nobel economic winners have written a letter affirming that this bill will reduce inflationary pressure in the economy. two of the leading rating agencies on wall street confirmed this month that my plan will not, will not add to inflationary pressures. in fact, they will, quote, take the edge off of inflation. now republican friends are talking a lot about prices, but they're lined up against my "build back better" plan which would go right at the problem for rising costs for families. why is that? i don't want to speculate on anyone's motive, but it's always easier to complain about a problem than to try to fix it. one republican senator even said that rising prices were, quote, a gold mine, end of quote, for republicans preliminarily. imagine higher costs for families to score a few political points. the "build back better" plan is fiscally responsible. it's the first major piece of legislation in more than a decade that has not only been fully paid for but will generate more than $100 billion in definitely reduction. it fully covers the cost of its investments by making the largest corporations and the richest americans pay a little more in taxes. think about that. that's a tradeoff worth making in my opinion. having those who have done very well pay their fair share in order to provide a little breathing room for millions of american families. my critics don't seem to agree. they have a lot of speeches about high prices, supply chain, and other challenges we're facing, but they don't offer any answers. so they're just doing the no vote, that's their plan, vote no. what does that mean? what does a no vote mean on this bill? not on cable news, not on fox, not in the real world, if your life. around your kitchen table. here's what it's going to mean -- it means for millions of american families this bill that bills are pain for day care could be substantially lowered, capped at 7% of your income. but republicans said no, pay more. it means the bills you're paying now to take care of your elderly parent could have been lower, a lot lower. but republicans said no, no, pay more. it means the cost of your prescription drugs could have been lower, a lot lower. republicans think that those 200,000 children, for example, who need regular doses of insulin should continue to pay as much as $1,000 a month instead of $35 a month. think of that. not only affects the health of a child and the family, but imagine you're being a parent and not being able to afford $1,000 a month. not only risk the health of your child but it robs you of your dignity. the list goes on. but the point's the same -- what i propose is a way to lower some of the most difficult costs families have to pay every month by asking big corporations, 40 of the fortune 500 companies paid zero in taxes, making $40 billion in the process, and the wealthiest americans pay their fair share in taxes. look, remember, we're in a situation as far as republicans are concerned they'd rather the bills at your kitchen table be higher so the tax bills of corporate conference rooms and big mansions can be lower. in this case, let me tell you something -- nothing would be more expensive for american families than a no vote on the "build back better" plan. i believe we simply can't afford to do nothing and wait and see what happens. the moments we face today, that just isn't a responsible course. we live in uncertain times. families are anxious about covid, the economy, the cost of living. and the way to relieve that anxiety is with consistent and determined focused action. i started my presidency with the american rescue plan. now that law is carrying our nation forward on vaccinations, boosters, keeping our schools open, and so much more. i designed it as a year-long plan because i knew we'd have a lot of obstacles to overcome. next we passed the bipartisan infrastructure law because a lot of our infrastructure is crumbling. to prepare ourselves to compete and win the 21st century global economy. for most of the 20th century we led the world by significant margin because we invested in ourselves. not only in our roads and highways and bridges but in our people and our families. we built the interstate highway system, we invested to win the space race, we were among the first to provide access to free education beginning back in the late 1800s, those decisions are why we were able to lead the world in the last century. somewhere we stopped investing in ourselves. america's still the largest economy in the world. we still have the most productive workers and innovative minds in the world. but we risk losing our edge as a nation. our infrastructure used to be the best in the world. today we rank 13th. we have to invest in our greatest asset, as well, our people. for example, we used to lead the world in educational achievement. now the organization for economic cooperation and development ranks america 35 out of 37 major countries when it comes to investing in early childhood education and care. we can't be competitive in the 21st century global economy if we continue to slide. one of the reasons i believe so firmly in this is because i know what this country can be. we've always been a nation of possibilities. we didn't become this nation we know by dreaming small. throughout our history, we've emerged from crisis by investing in ourselves. during and after the civil war, we built the transcontinental railroad uniting america, during the cold war we built the interstate highway and system transforming the way americans are able to live their lives. and now we'll build the economy for the 21st century. i truly believe that 50 years from now when historians look back on this moment, they're going to say this was the beginning of the moment when america won the competition for the 21st century. i think that's what we're going to see happen. god willing. may god bless you all, and may god protect our troops. thank you so much. >> mr. president -- >> what's the level of concern that the new variant will end up exacerbating the very issues on supply chains your team has been working on the last several months? >> well, look, you know me, i'm an optimist. what we have seen so far does not guarantee that's the outcome. as a matter of fact, we're going to know in the next several weeks that just not only how transmissible the disease is but how extensive it is, how dangerous it is, and what damage it does, and most importantly whether the vaccines we have are capable of dealing with this virus, particularly if the boosters we're trying to get everyone to get. i think the jury's still out. i think it's early to make that judgment. am i concerned? of course i am until we get the final answers. yes? >> what is your reaction about the supreme court decision -- [ inaudible ] verge of major changes to the abortion law in the united states? you do you have any plans to try to -- what is your reaction to that? >> first of all, i didn't see any of the debate today. the presentation today. and i support roe v. wade. i think it's the rational position to take. and i continue to support it. >> mr. president? >> mr. president -- >> mr. president, thank you so much. there are a number of presidents from jimmy carter to richard nixon who really tried to impact inflation and supply chains and weren't able to largely do that. how confident are you that you have the tools and the power to do something about supply chains and help americans find some relief? >> because what i've seen so far based on what we've done. this is the first time i've seen where labor and business so ready to cooperate. because they didn't go through a period of two years almost of the impacts of a terrible virus that has caused real damage to the world economy. so i think people are in a different state of mind than they may have been during the carter years, as well as the nixon years. it's just a different world. >> mr. president? >> a quick question on -- >> mark meadows has written a book revealing that president trump tested positive for covid three days before your first debate. do you think the former president put you at risk? >> i don't think about the former president. thank you. >> mr. president? >> whatever happened to -- >> president biden out there as we said, the remarks were told to us about the supply chain. we got a little bit of that. a little bit on covid. we got a lot on him making a big pitch for "build back better." obviously his big piece of social spending agenda there. he took a few questions, made it clear he supports roe v. wade. didn't want to weigh in on what happened there. and admitted president -- admitted the uncertainty that we're living with now. oddly the biggest takeaway are you concerned this is going to up end the supply chain issues that you've made the case that everything's fixed, and of course, as we all know, we don't know the answers yet on the next two weeks about this variant, how well do our vaccines work, how severe is the variant on people, all of those things. so it was definitely a lot of the president there spending a lot of time, again, on pushing "build back better." look, we're going to tarik a quick break. and we're going to talk more and up pack the arguments we heard before the supreme court. as you heard pete williams put it, there's little doubt that the mississippi law's going to be allowed to stand. the question is how is this court going to do it? plus, we expect to hear from dr. fauci at some point, part of the white house briefing. we'll join jen psaki to find out what we know and don't know about the variant. e variant. rve? eggland's best eggs. classic, cage free, and organic. more delicious, farm-fresh taste. plus, superior nutrition. which is now more important than ever. ♪♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance. ow! i'm ok! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ only in theaters december 17th. are you one of the millions of americans who experience 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[screams and laughter] yeah! xfinity brought us together after all. get started with xfinity internet and ask about wifi speed fast than a gig. click, call or visit a store today. welcome back. as i said we have a lot more to unpack on add to today's abortion case and how the supreme court justices may have tipped their hands on how they could rule. joining me is a former clerk to sandra day o'connor on the supreme court. former new york federal and state prosecutor, talia weinstein. i want to play two quotes. one is from justice kavanaugh, one is from chief justice roberts. it's taken the quotes together, i think it reinforces why pete williams was insistent that what we know this law's going to get upheld. take a listen. >> the court overruled precedent. and it turns out if the court in those cases had listened and they were presented with arguments in those cases, adhere to precedent, in brown v. board, adhere to plessy on west coast hotel, adhere to atkins and adhere to lockner, and if the court had done that in those cases, you know, this -- the country would be a much different place. >> if you think that the issue is one of choice, that women should have a choice to terminate their pregnancy, that supposes that there is a point at which they've had the fair choice. viability it seems to me doesn't have anything to do with choice, but if it really is an issue about choice, why is 15 weeks not enough time? >> so talia, i highlighted those two because, look, what was interesting to me is that justice kavanaugh is talking about overturning roe, and clearly talking about that. justice roberts seems to be asking a question that indicates he'd like to keep roe but redefine it. what did you hear? >> i think you're exactly right that those two quotes represent the range of the options that the six more conservative justices were putting out there today. you know, i think you're right that they were tipping their lands. sometimes questions are really questions for the advocates meant to solicit answers. here i think that they were speaking to the public and to each other about what they wanted to do. and kavanaugh was saying that starr decisis, the doctrine that you have to be hesitant to overall precedent because they create stability and legitimacy for the court, that wasn't going to star him from doing what he thought was right. >> you know, the thing -- >> roberts was offering a compromised view. >> right. i want to go to kavanaugh issue a minute. in all of the -- all of the cases he cited and it's clear what he was -- i get what he was trying -- the case he was trying to make there, none of them had a second sort of -- none of them were super precedents, if you will. this idea because of casey that roe -- casey and roe together are sort of something that we've never had before. is that a fair reading? >> it is, and the solicitor general made exactly that argument. she i thought made two terrific arguments against what were -- the kavanaugh position that we're talking about. she said, look, we already did this in casey. they went through the test of whether roe should survive and said yes. and second, she said, the magic word here, there's been reliance on this decision that at this point we're so far down the road that people have ordered their lives around roe and casey, decided where to live, what kind of career to pursue, how to think about their family. and it would really be different from all of those others in going back and disturbing all of that. >> i want to play another quote here because this is another aspect of this case and whether in your experience this -- this matter -- how much this matters to the justices. it's number two, guys, justice sotomayor on the issue of outside political influence. >> the senate sponsor said we're doing it because we have new justices on the supreme court. will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i don't see how it is possible. >> you know, justice kagan made a, i would say, more nuanced version of the same argument. justice sotomayor just said it straight up about politics. justice kagan made a similar argument saying where's the -- where's the -- essentially where's the groundswell that says we need to make this change right now? in your experienc being a clerk, how much do you think the outside pressures and the perception of political perception that may grow out of this decision matters to them? >> i think that the court has always historically had to think about its own legitimacy and where its power comes from. and i think that's what justice sotomayor was talking about. she even said, look, it doesn't say anywhere in the constitution that the court has the last word, but that's a decision that we've made, and our country has basically respected that system. and it was a really important point to make because it's built into the idea of starr decisis when the court has written about stare decisis or respecting precedent, it has said that one of the reasons is that people want to have faith in -- won't have faith in the court if it constantly goes back and revisits decisions and changes what the meaning of the constitution is based on changes in personnel. and they were both really talking about that. >> i'm just curious, who do you think ends up right in this -- that will tell us everything, right? if roberts writes it or somebody else writes it, it's a total overturn? >> the power to assign a decision is a really important power. if the chief justice is in the majority, then he gets to decide who writes the opinion. if not it would go to the senior justice who is in the majority. and i -- my guess is that roberts is going to try to pitch what he was pitching today to every single one of those advocates which is, you know, let's just say 15 weeks is okay, it's not that different from 24 weeks at viability. it's not really inconsistent with roe and casey, is his position, and will leave everything else to another day. he might get enough justices to sign on to that, and separately express where they want to go next in terms of really revisiting the whole thing. >> well, i appreciate having you on and helping us sort of, you know -- there's nothing more mysterious to us on political hack reporters sometimes than how the world inside that supreme court works and how these things get decided and all of those things. i appreciate you coming on and sharing some of that experience with us. >> thank you. we're going to have more on the political implications of this fight next. and as we wait for dr. fauci to take the podium at the white house briefing, we're going to speak with the chief scientist of the world health organization about what we know now about the omicron variant. hi, i'm steve and i live in austin, texas. i work as a personal assistant to the owner of a large manufacturing firm. i've got anywhere from 10 to 50 projects going at any given time. i absolutely have to be sharp. let me tell ya, i was struggling with my memory. it was going downhill. my friend recommended that i try prevagen and over time, it made a very significant difference in my memory and in my cognitive ability. i started to feel a much better sense of well-being. prevagen. healthier brain. better life. my nunormal? 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(diana strums guitar) maya swears by grammarly business because it keeps her work on brand and error-free. fast and easy. - [announcer] learn more at grammarly.com/business. instantly clear everyday congestion with vicks sinex saline. for fast drug free relief vicks sinex. instantly clear everyday congestion. and try vicks sinex children's saline. safe and gentle relief for children's noses. earn about covid-19, the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. welcome back. for nearly 50 years roe v. wade has acted as something of a political heat shield on such a controversial issue. a band-aid that's worked, if you will. if roe is overturned or altered dramatically, it could lead to a lot of political turmoil and, yes, a little bit of political chaos. here's why -- if the court decides to leave this issue to the states, every legislature is going to have to take a position a hot-button issue. it's not just going to be yes or no on abortion it's possible rape and incest exceptions and more. all the nuances of this debate that have gotten lost over the years. every candidate in every primary election will be pushed to tick a stance as well. we're in hyper-polarized times. joining me analysts who understand the chaos we could be in for. former missouri democratic senator claire mccaskill and national review editor rich lowery. i want to set up the conversation with a couple of poll numbers. here's the -- our last msnbc poll on views on abortion. and i put -- we have four categories here. legal always, excuse me here, i want to go down here. we don't have it right. the poll numbers -- always legal is 31%. most of the time was 23%. on those that want it more illegal, illegal with exceptions, 34%, without exceptions, 8%. again, there's a typo on the graphic that some people are seeing there on the always. my apologies for that. and then on the issue of overturning roe, 32% are for overturning it, 58% for not overturning it. so i just wanted to set that table. it is a -- an issue that we're divided on, but there is a slight majority in favor of legal -- legal right to abortion. claire, the political significance in your mind of a full overturn come june? >> well, if roe v. wade is completely overturned, then state legislatures are going to have their say, and in my state, for example, they have already spoken. they already have put a law on the books that says that personhood begins at conception. so we're talking about illegal morning-after pills for rape victims, we're talking about no ivf, in vitro fertilization for couples struggling to have a baby and need that science to help them have their own child. we're talking about really extreme positions. this will be the dog that caught the bus if, in fact, roe is completely blown up. >> rich, politically, just looking at where the republican party is right now, is a redefining of roe politically easier for republicans to survive than an overturn, or do you think an overturn could be good politics for the right? >> well, the reaction to an overturn will be thermonuclear. it is the foreseeable event that has the greatest chance of changing the trajectory of the midterms which obviously are not slide flooding a good direction for democrats. i don't think that republicans have thought through how they're going to talk about this, what exactly they're going to do. but i just wonder given the federalist nature of this country that each state is going to, you know, have the sovereign authority to decide for itself, and the very blue states absolutely nothing is going to change. where you have supermajorities, probably in favor of abortion always being legal, nothing's going to change. in deep red states, you will see significant restrictions or bans that will probably be popular. and what we saw this year when texas passed its abortion law, there's a real attempt by democrats around the country, most importantly terry mcauliffe in the race in virginia, to make that texas abortion law travel. to bring it to virginia, to campaign on it in virginia. it didn't work because virginia was not going to adopt a texas law. so it may be that the initial reaction here does not have the follow-on political consequences that you might expect. but who knows. i mean, we're opening a door into a dark room, and everything will seem different the day after if the court overturns roe. >> i was going to say, claire, do you think -- i've talked to a lot of democratic strategists who believe an overturn does -- in the way rich, you know -- it could fire up a base that they've struggled to fire up. so does a chip away -- i mean, end up not being as galvanizing do you think? like so mississippi's allowed to stand, but suddenly 15 weeks is the new standard that essentially most of the red states adopt. >> well, keep in mind when you look at the polling on this, chuck, it depends on how the question is asked and what is in the question. >> yes, it does. >> for example, if you ask if there should be an exception for a 13-year-old child who has been repeatedly raped by her stepfather and didn't realize she was pregnant until after 15 weeks, you're going to get about 80% of america that thinks she ought to be able to terminate that pregnancy. so what's going to happen here -- and i disagree with rich as usual about one thing -- these laws, if they are extreme, they will not be popular. missourians don't realize what the missouri legislature has done on this issue. they will if roe v. wade is overturned, and it will not be popular. i mean, i was a pro-choice senator that won statewide elections time after time in this state. they are not going to accept that in vitro fertilization is illegal in missouri or the morning-after pill or exceptions for rape and incest which they did not put in the missouri law. that is going to be galvanizing to democrats in this country both in my state and other states that used to be purple and maybe have trended red. i think they'll trend back purple. >> so rich, that's the other question i have. it's sort of -- roe v. wade allowed activists to essentially make the issue seem black and white. and now if you end up throwing it back to the states -- i guess the question i have is, is there going to be room in a republican primary for abortion -- nuance on abortion? >> no. i think the party is strongly pro-life, will remain so. but look, what you're going to get is a patchwork across the country. it will be a little like europe. you know, europe has all sorts of different laws, not necessarily logically or morally coherent, you'll see a lot of that here in the united states befitting a huge diverse continental democracy. and for me, i'm very strongly pro-life, opposed to roe and casey. this is the way it's supposed to work. you can argue one way in missouri, and we'll argue in missouri and someone will win the public debate, that's the way it should have been decided the last 50 years. one reason this issue has been so divisive for so long is the court irrigated to itself the right to basically legislate. that's one thing that struck me about the arguments today which were very civil. i thought they were civil and serious. you want to know where civil and serious substantive argument is in american national life, it's in the supreme court chambers, at least. a lot of it belonged in the legislature. why is the supreme court setting the line at viability or 15 weeks? what responsibility or power does it have to do that? none. >> claire, is the argument then that you -- you would make it front of the court simply like this is about -- you have to have a baseline of individual rights for women? >> listen, you know, a patchwork may sound great in theory, but there are poor women that aren't going to have choices. there are poor women that are going to be facing really difficult situations. and they're not going to be able to afford to travel to a "friendly" state. this feels very personal to women. i can assure you. and you know, i just think it's really interesting that kavanaugh was all about precedent when he was in front of the supreme court, reassuring susan collins and then he spent his entire time today talking about how precedent stinks. you know, these right-wing jurists who want to talk about precedent until they don't. this is a 50-year precedent in this country, and now they're saying, well, never mind, it's -- it's really politically interesting, and i think it's going to end up being a galvanizing force. >> well, you guys were speaking of civil, i think you guys were also terrific and civil in this conversation, as well. look, it is -- >> another minute would have gotten uncivilized. >> fair enough. i'm glad i stopped it here. i appreciate both of you. for what it's worth, we can put up the correct numbers on the poll graphic we showed you a few minutes ago. again, claire is right, how you ask the question, this is, you know, this is why we like to present it with these four ways, if you will, not just saying, oh, who's in favor, who's not. again, nuance has gotten lost in this debate for years, and one thing that may be coming back to the abortion debate is nuance. we're going to sneak in a quick break. we'll have an update on the omicron variant's rise as we wait for dr. fauci and wait to see where is this variant going. we'll be right back. ezing ] cold season is back. bounce back fast with alka seltzer plus. with 25% more concentrated power. alka-seltzer plus. ♪ oh, what a relief it is ♪ so fast! also try for cough, mucus & congestion. this isn't just a walk up the stairs. when you have an irregular heartbeat, it's more. it's dignity. the freedom to go where you want, knowing your doctor can watch over your heart. ♪♪ ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th dad are you sure you're up to host? ♪ liberty. liberty. liberty. liberty. ♪ yeah! we want to keep it the way it always was, right? ♪ ♪ ♪ ♪ that's your grandma. she was the best at the holidays. the xfinity black friday sales event is happening now on xfinity mobile. now new and existing customers can get our best wireless deal of the year - up to $1,000 in savings - for a limited time only. on the most reliable network nationwide, plus nationwide 5g. act now and save up to $1,000 with xfinity mobile. so you can go all out on gifts for the family - during our best wireless deal of the year... the xfinity black friday sales event. click, call or visit a store today. well, this may be inevitable breaking news, if you will. health officials at the cdc have now just confirmed what we already learned a few moments ago that the first case of the omicron variant has been detected in the u.s. we expect to hear more about this, in fact from dr. fauci in a few minutes. this morning there were 24 countries with the omicron variant, now with the united states it's 25. joining me now with the latest on the omicron front is the world health organization's chief scientist. doctor, i want to start with, like i said, i called it inevitable breaking news. it seems as if now, this variant is not something that can be contained. is that fair to say at this point? >> in the sense that it has already, as you know, been detected in many countries, even before the south africans reported it on the 24th of november, we know now from samples taken in the netherlands, for example, it was already present for ten days before that. we know more and more as companies are expanding their testing and genomic surveillance. the question is really the same whether it's the -- >> doctor, i don't mean to interrupt but our own chief medical adviser is at the podium. we have to cut in. here is dr. fauci. >> the sequence was confirmed at the cdc as being consistent with the omicron variant. i know there are a lot of questions. here is what we know right now. the individual was a traveller who returned from south africa on november 22nd and tested positive on november the 29th. the individual is self-quarantining and all close contacts have been contacted and all close contacts thus far have tested negative. the individual was fully vaccinated and experienced mild symptoms which are improving at this point. so this is the first confirmed case of covid-19 caused by the omicron variant detected in the united states. and as all of you know because we've been discussing this, we knew it was just a matter of time before the first case of omicron would be detected in the united states. as you know, i've been saying it, my colleagues on the medical team and others have been saying it, we know what we need to do to protect people. get vaccinated if you're not already vaccinated. get boosted if you've been vaccinated for more than two months with an mrna or two months with j&j. all the things we've been talking about, getting your children vaccinated, masking in indoor congregate settings, et cetera. >> reporter: at this point should americans be changing anything they do in their day to day life? are you changing what you do? >> no. that's a good question and an obvious question. if you look at the things that we have been recommending, they're just the same. we want to keep doing that and make sure we play close attention to that. >> reporter: are there cases that the cdc is investigating as potential omicron variants in the u.s. right now? >> to my knowledge at this point no. >> reporter: what should we take away from the fact that this american's symptoms appear to be mild at this point and have all the other travelers on the plane also been contacted? >> well, this is what we call in medicine an n equals 1, which means that you really can't take anything away from a single patient. we feel good that this patient not only had mild symptoms but actually the symptoms appear to be improving. but as we've said, there's a lot of information that is now evolving out of countries like south africa that have a much larger number of individuals, not only who are confirmed, but individuals who are probables, which means they are going to have a lot of experience which we'll benefit from here as the weeks go by. some of you have heard me say in a matterof 2 weeks, 2 1/2 weeks, 3 weeks, we'll know about transmissibility, whether it essentially eludes protection from things like monoclonal antibodies. whether or not the disease itself in general is going to be severe, and what is the difference in an individual who has been vaccinated versus unvaccinated, boostered versus not boostered. we're going to get that information. again, i appreciate your question about one individual. but we're going to get a lot more information. >> reporter: thanks, dr. fauci. one, you said this person had been fully vaccinated. had they had a booster shot yet? >> to my knowledge, no, kate. >> reporter: okay. the cdc is considering having stricter testing requirements to get into the united states, a 24-hour window before taking off, and also having a period of retesting once you get back to the united states. would that have helped in this case if that was already in place? >> you know, i'm not so sure, because this person went and got tested as soon as they were symptomatic. >> reporter: when will those new guidelines for travelers be implemented? >> that's among all the things being considered and under discussion, kaitlan. i don't think i can make a statement about when that will happen. >> reporter: in addition to new testing requirements, what about new requirements for self-quarantining, for travelers returning to the united states, which in this case might have made a difference if he was quarantining for seven to 14 days? >> you know, the recommendation is that people, an individual, would self-quarantine if they are not vaccinated and would also get tested been a period of three days. that's a recommendation right now. >> reporter: can you help us understand why the travel ban is effective right now for those particular eight countries, especially when omicron's been detected in other countries including right here in the united states? >> if you go back and look at when we first found out about the cases emerging in south africa, no one feels, i certainly don't, that a travel ban will affected people coming into the united states. but we needed to buy time to prepare, understand what's going on, what is the nature of this infection, what is the nature of the transmissibility. and we wanted to make sure that something doesn't unfold that we're not prepared for. so we look at this as a temporary measure. >> reporter: dr. fauci, do you support a vaccine requirement for domestic flights? the president was asked about this earlier this week and he said that had not been recommended to him. you're his chief medical adviser. do you think that's something the country should adopt? >> i'm not so sure we should say that should be a requirement. we have 60 million people in this country who are not vaccinated, who are eligible to be vaccinated. let's get them vaccinated, let's get the people who are vaccinated boosted, let's get the children vaccinated. that's where we want to go as opposed to a requirement. >> reporter: some people say you have extinguished many of your options to get those people vaccinated and this is one of the ways, as the osha mandate is held up in court, this would be a way to get more people -- >> you know, that's a possibility. but for the people who are listening to this, we talk about why it's important to get vaccinated. i think what's happening now is another example of why it's important for people to get vaccinated who have not been vaccinated, but also boosting. boosting is really very important, because the data that we get on boosting, if you look at the level, for example, of an