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Transcripts for MSNBC Velshi 20240604 15:31:00

We ve had a very long time in the united states where we successfully prescribe mifepristone, and it works. and even longer in europe, where this drug was developed. does that matter? does the fact that the underlying argument about the testing and approval process of mifepristone, perhaps being flawed, how does modern experience and modern testing in modern experience work in that case? well, i mean, for the plaintiffs, it doesn t matter. the plaintiffs are arguing from a deep, long-standing antiabortion talking point, the pregnancy isn t a disease. all of the evidence about safety, they discount. and they also discount the fact that they filed the lawsuit almost a quarter century after mifepristone was approved, which also should raise questions about timing this. this case, i think, would also set a pretty disturbing president when it comes to when you could challenge the fda s approval of other drugs, given that the complication rate of mifepristone, you know, is very ....

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Transcripts for MSNBC Velshi 20240604 15:58:00

Court is gonna take up next term in the case. essentially, although there s agreement about the individual rights core of the amendment, there is disagreement about the application of this new history and tradition test, lower court judges are all over the place about how to think about weapons the founders could not have anticipated, assault weapons, ak-47s, and the supreme court is really gonna have to sort this out. if they don t, a lot of gun regulations may be open to question. akhil, most, about whether we agree or disagree on various closet in the constitution, are not prepared to throw it out. with the exception of donald trump that time that he said so. in 2020, jeff wrote an article for the atlantic called, what if we wrote the constitution today? so, i want to ask you, because i know you to talk a lot, i want to ask you, akhil, what would a modern constitution look like? how would you even arrive at that process? so, i love the fact that you talked about not just the ....

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Transcripts for MSNBC Velshi 20240604 15:59:00

Constitution, even if you believe in reading its words and you don t think judges should evolve it, the people can. it s called amendments. i want to remind everyone, there are also 50 state constitutions. we don t have to just speculate as to what people might do today, because they actually do amend their state constitutions all the time. constitutions are easier to amend. then the federal. since jeff has over his shoulder, actually, his hero, louis brandeis, louis brandeis says let s take a look at state experimentation, state laboratories, and one of the best arguments for gun rights, i don t own a gun, one of the best arguments is, individual right to have a gun for self protection is in most modern state constitutions. in fact, in the bruen case, there is a concurrence by justice kavanaugh, joined by the chief saying, let s look at actually other states. in new york, in that case, was really an outlier, not to be an alternative test to the statute ....

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Transcripts for MSNBC Velshi 20240604 15:57:00

The second part of that clause, the right to bear arms shall not be infringed. in practice, thanks in part to the scholarship of my dear friend and teacher, akhil reed amar, and it s no one will be in conversation with him, and professor tribe. that s a pretty broad consensus that at the time of reconstruction, the amendment was intended to protect individual rights and bear arms, in particular, african americans to defend themselves against mob violence before and after the civil war. the big debate in the country today, stemming from the supreme court s landmark decision recently in the bruen case, which said essentially, any regulation of the right to bear arms has to have a president in text, history in tradition. that s a new test that strong lower courts into chaos, it s forcing them to search back to the statute of northumberland in 13 92 to ask whether or not domestic violence orders, for example, maybe constitutional, which is a big case the course ....

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Transcripts for MSNBC Velshi 20240604 15:30:00

Case, i think the plaintive standings arguments are still really bad. this was the fifth circuit trying to resurrect a case that doug. i still imagine the supreme court may be unconvinced that this case is a good vehicle for many of these antiabortion arguments. having said all that, even if this case doesn t ultimately go anywhere in the supreme court, and i don t think we can rely on that, given that this court has sided with the antiabortion movement almost all of the time. even if that does happen, a lot of these aren t going anywhere. a lot of what you see in judge ho s opinion, particularly the comstock act, it is coming back in case after case after case, filed by anti abortion movements in the lower courts. it s just a matter of time when we see these claims before the supreme court again. part of the reason why people were thinking this judge was spurious, part of the fact that they knew it was amarillo, texas, where they knew how this was going to go, is that the allegati ....

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