Transcripts for MSNBC Jose Diaz-Balart Reports 20211201 15:2

Transcripts for MSNBC Jose Diaz-Balart Reports 20211201 15:23:00

right to choose who they're going to marry. i fear none of those things are written in the constitution. they all, like marbury versus madison, have been discerned from the structure of the constitution. why do we now say that somehow roe versus -- roe and casey are so unusual that they must be overturned? >> well, justice sotomayor, i would emphasize two things. when you're going beyond the constitution, this court has looked closely -- >> no, what i'm saying is they didn't go beyond the constitution. >> your honor, they did not deduce those from the structure of the constitution. they pointed to the 14th amendment and reasoned that privacy in roe, autonomy and similar values in casey led to a right to abortion. that's not how this court traditionally does things, including in the vast run of cases that your honor ran through. the court looks to history and tradition. and here, those decisively reject the proposition that

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