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Transcripts for CNN State of the Union With Jake Tapper and Dana Bash 20240604 13:52:00

that is something the liberal judges have done as well. that s important. the court goes out of its way to say this doesn t impact other rights and the court made it clear. rather than going against the explicit text of that decision, let s talk about what the decision does. you re committed to not going after other rights afro, is that what you re saying? this decision is that a yes? michael isn t going to go after one thing or another. michael has a court to follow the constitution and laws are passed. if they pass laws, the courts need to follow them faithfully. if you want to change the constitution, go ahead but the court needs to follow up. let s bring up the alito provision which is the constitution makes no such decision to the abortion and none of the other decisions decided by roe and casey involved the moral question posed by abortion.

Transcripts for CNN State of the Union With Jake Tapper and Dana Bash 20240604 13:17:00

right specifically enumerated in the constitution. legal experts point out that that could just as easily be applied to other landmark court decisions. for instance, same-sex marriage. alito even references the ruling that affirmed that right in his draft opinion. would you want the u.s. supreme court to overturn that precedent as well, that granted same-sex couples the right to get married in the united states? well, there are two differentiating factors with respect to the other cases that i think is important to point out. number one, that the fact is when you re dealing with abortion, unlike the other cases that you talk about, abortion involves not only the mother in that particular life but it also involves the life of an unborn american child. an unborn american child that doesn t have the ability to speak for themselves. that s why it s important for folks like me to take this

Transcripts for CNN State of the Union With Jake Tapper and Dana Bash 20240604 13:58:00

argument policy to make. i personally think you can be pro-choice and still think roe should be overturned because it s badly written, not grounded in the constitution. there are a lot of critics of roe as constitutional law. i think it s interesting how quickly oppose this draft, and i don t think it will be the final thing. i agree. and talking about the merits or lack thereof of roe and abortion rights, you know, like it s fine to be concerned about gay marriage and these other things but you think overturning roe would be enough yet president biden on down have all gone to these other arguments and i think that s interesting. this is revisionist history, i m sorry. all of those justices went there and said this is settled law. they didn t go and say this is wrongly decided. they said precedent not wrongly decided based on the wrong things, et cetera. i m sorry, that s a red herring. so you can t go back and say oh, well, the only reason this is

Transcripts for CNN State of the Union With Jake Tapper and Dana Bash 20240604 13:56:00

roe is overturned, abortions will become illegal in mississippi. let s show the map here. 13 have trigger laws. six states have pre-roe bans to come back and six states abortion protection laws. it looks some of the country i think more than 50% in population, that will have no legal abortion and half the country or a little less that will have legal abortion. is that unfair to say? look, the role of the supreme court and a lot of the arguments in here today are policy arguments. you think it s a good idea to have more active abortion, more action for fetal life. that is not what the court is here to decide. the court should only overturn laws that are elected by their elected representative that violates the constitution. that doesn t mean things that were emanations ftz constitution. it s what what s in there. if americans want to pass a

Transcripts for CNN State of the Union With Jake Tapper and Dana Bash 20240604 13:57:00

constitutional amendment, that s great. but there are a lot of states like california and new york that are doing the opposite. maybe more protection than roe provided the. the american people will be able to decide how to balance this. respectfully that comes with a certain privilege. the constitution doesn t discuss a lot of things. the constitution doesn t discuss me being a full human. the constitution doesn t discuss a lot of things. the amended constitution does. there s a certain privilege that goes along with this theory the constitution protects all of us and we should leave it alone. what hilary is talking good is so true, black and brown women, poor people who live in m.s., louisiana and texas, not going to have access to quality health care. white women who have the ability and means to travel across state lines will. abortions are not going to disappear. abortions are going to become less safe, and that s dangerous. that s a perfectly legitimate

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