>> WELCOME BACK TO CHEDDAR'S
NEWS WRAP ONE OF THE MOST HOTLY
DEBATED ISSUES IN US POLITICS
IS CONTINUING TO FACE
UNCERTAINTY IN THE SUPREME
COURT STATES ARE PUTTING
FORWARD NEW BANS
ON ABORTION, BUT THE
CONSERVATIVE MAJORITY COURT SO
FAR HAS YET TO FACE THE ISSUE
HEAD-ON JOINING US NOW KATE
BARLOW HOST OF WORDS MATTER AND
MEDIA EDITOR
AT SCOTUSBLOG KATIERA SUCH A
FAN OF YOU HERE ON CHEDDAR'S
NEWS ROB. THANK YOU FOR JOINING
US WHERE DOES THE COURT
CURRENTLY STAND IN TERMS OF
STATE LAWS LIKE THOSE COMING
OUT OF MISSISSIPPI AND
ARKANSAS.
>> THEY ARE ACTUALLY
CONSIDERING THE LAW IN
MISSISSIPPI HAD THAT YOU JUST
MENTIONED WHICH NEAR TERM IT
WILL BAN ON ABORTIONS AFTER 15
WEEKS. AND THEY'RE CONSIDERING
WHETHER TO TAKE
UP CURRENTLY BEFORE THE COURT
THEY HAVE BEEN AT THEIR WEEKLY
CONFERENCE AND
IN JANUARY AND RIGHT NOW
THEY'RE GOING TO DECIDE WHETHER
OR NOT
THEY ARE INTERESTED IN JOINING
THE FRAY AND DECIDING THAT CASE
THAT'S WHERE IT STANDS ON ON
THOSE
STATE LAWS. NOW THERE ARE
RECENT A LOT THAT HAVEN'T
DEVELOPED INTO A FULL-ON
LAWSUIT BUT YET LIKE
FOR EXAMPLE, ARKANSAS HAVE GOT
THE GOVERNOR OF ARKANSAS,
JACK SIGN A NEAR TOTAL BAN ON
ABORTION, I'M COMPLETELY
WITHOUT EXCEPTION FOR RAPE OR
INCEST AND HE SAID HIS INTENT
WAS
ACTUALLY BACK TO CHALLENGE ROE
V WADE TO BRING THIS CASE UP TO
THE SUPREME COURT IN AND CHANGE
THE CURRENT
STRUCTURE AND THE LAW BUT THAT
CASE HAS BEEN TURNED INTO A LOT
TO THAT MADE ITS WAY AFTER THE
COURT YET SO I SUSPECT THAT
WILL ALSO START MAKING ITS WAY
THROUGH THE COURT.
AS OTHER STATES ALSO JOINING IN
AND LEGAL CHALLENGES WHILE
ABOUT WHAT THEY'RE LIKE.
>> I HAVE NO DOUBT THAT OUR
VIEWERS HAVE BEEN FOLLOWING THE
HEADLINES BUT MAY NOT QUITE
UNDERSTAND THE INNER WORKINGS
ARE SO WHAT IS THE MY AMID
CONSERVATIVE JUSTICES OVER HOW
TO TOPPLE ABORTION RIGHT HERE
KATIE.
>> WELL THERE'S A COUPLE OF
THINGS GOING ON THEIR INTERNAL
POLITICS AND THEIR ACT POLITICS
SO INTERNALLY THE COURT HAS
THAT YOU HAVE TO
4 VOTE IN ORDER TO TAKE THE
CASE BETWEEN 4 JUSTICES NEED TO
AGREE. OK RIGHT NOW IS A GOOD
TIME IF YOU'RE AN IMPORTANT
ISSUE IT'S TIME FOR US TO RULE
ON IT YOU DON'T NEED 5 JUSTICES
ON THE COURT TO ISSUE AN
OPINION OVERTURNING ROE OR
SOMEHOW CONSTRAINING ROE V
WADE.
>> AFTER A LEADER ALSO
CONSIDERING THE POLITICAL
LANDSCAPE THAT EXISTS RIGHT NOW
AND THERE'S A LOT.
THREW ME ON THE SUPREME COURT
GIVEN HOW QUICKLY THE SENATE
CONFIRMED A REPLACEMENT FOR
JUSTICE RUTH BADER GINSBURG AND
THE FACT THAT PRESIDENT TRUMP
ACTUALLY GOT TO A POINT AND
CONFIRM OR REJECT IT FOR YEARS
WHICH IS CERTAINLY REMARKS
WHEN YOU COMPARE IT
TO THE PREVIOUS PRESIDENT, SO
THE COURT AND THE JUSTICES ARE
ARE BALANCING THE INTERNAL AND
EXTERNAL POLITICS IS IT A GOOD
TIME WITH THE
INVITE MORE SCRUTINY ON THE
COURT AND DO WE HAVE THE VOTE
INTERNALLY IN ORDER TO YOU
OVERTURN ROE DIRECTLY THAT IS
GET RID OF IT ENTIRELY OR
PERHAPS LIMIT
THE BACK GROW UP THAT ALLOW
ABORTION RESTRICTIONS THAT ARE
A LITTLE BIT MORE RESTRICTING
BUT NOT ENTIRELY OVERTURNING
THE RIGHT
TO ABORTION.
>> ARKANSAS GOVERNOR ASA
HUTCHINSON SIGNED IN NEAR TOTAL
ABORTION BAN EVEN THOUGH IT
DOESN'T INCLUDE PROTECTIONS FOR
CASES OF RAPE OR INCEST HE
ACTUALLY JOINED OUR FRIEND
JD, DURKIN A FEW DAYS AGO,
LET'S TAKE A LISTEN TO HIS
REASONING, LET'S LISTEN TO HIS
REASONING KATIE I WANT TO TALK
TO YOU ABOUT WHAT COMES NEXT
RIGHT AFTER.
>> WELL BECAUSE IT HAD
OVERWHELMING SUPPORT IN THE
LEGISLATURE BECAUSE I HAVE A
STORY AND FUNDAMENTAL
PRO-LIFE NEWS AND THIS WAS
DESIGNED TO GIVE A CHALLENGE TO
THE SPRING. GORDON OPTION
TO REVERSE ROE VERSUS WADE,
YES,
I WOULD PREFERRED TO HAVE THE
RAPE AND INCEST EXCEPTIONS AND
THERE I THINK THAT WOULD MAKE
IT MORE AMENABLE
TO THE SUPREME COURT TO REVIEW
THE CASE BECAUSE IT HAS MORE
POPULAR ACCEPTANCE BUT
IN ARKANSAS YOU CAN OVERRIDE
THE GOVERNOR'S VETO BY A SIMPLE
MAJORITY VOTE.
>> ALL RIGHT KATIE SO TO THAT
POINT WHAT COMES NEXT.
>> WELL LIKE I TALKED ABOUT YOU
HAVE TO COUNT TO 4 AND YOU HAVE
TO COUNTER 5, 4, TO TAKE
THE CASE. SO WE KNOW FOR SURE
THAT JUSTICES
ALITO AND COMMENT HAVE SAID
THAT THEY ARE INTERESTED IN
OVERTURNING ROE THEY DISAGREE
WITH ROUTE ON THE MARKET FOR
THE COUNTRY AND THE RIGHT
TO ABORTION. NOW THE OTHER
JUSTICES ON THE COURT FOR
EXAMPLE CHIEF JUSTICE ROBERTS
LESS CLEAR HOW HE WOULD VOTE OR
IF YOU EVEN INTERESTED IN
TAKING ON OKAY.
THE NEWEST JUSTICE ON THE COURT
JUSTICE AMY CONEY BARRETT, WE
KNOW PERSONALLY THAT SHE IS
AGAINST ABORTION, BUT SHE SAID
DURING HER CONFIRMATION HEARING
THAT HER
PERSONAL BELIEFS WHEN AFFECT
HOW SHE ISSUES
ROLLING AS ADJUSTED SO WE ALSO
DON'T KNOW IF SHE WOULD ONE BE
INTERESTED IN TAKING UP THE
CASE OR 2 WOULD VOTE TO
OVERTURN AND THEN FINALLY
LOOKING AT JUST THE KAVANAUGH
WE ALSO DON'T KNOW HE WROTE ONE
DISSENT ON THE DC CIRCUIT
RELATED TO ABORTION AND I WAS
REALLY KIND OF AN UNRELATED
ISSUE THAT WE ACTUALLY DON'T
KNOW WHAT HE IS GOING TO DO
EITHER AND TALKING ABOUT
COUNTING TO BOARD MEETING OR
GOAT TO TO TAKE A CASE WE KNOW
FROM JOAN BISKUPIC SUPPORTING
IT CNN LAST YEAR THE JUSTICE
KAVANAUGH IT WAS ENCOURAGING
HIS COLLEAGUES, NOT TO TAKE UP
ABORTION AS AN ISSUE IT
BEING THAT HE DIDN'T THINK IT
WAS POLITICALLY THE RIGHT THING
TO DO OR THAT IT WOULD BE
HELPFUL OR PERHAPS IT WOULD
INVITE FURTHER SCRUTINY OF
THE COURT. SO I'M NOT SURE THE
KAVANAUGH ONE THAT YOU CAN
COUNT ON YOUR YOUR WAY UP TO TO
JUSTICE THOMAS AND JUST
THE LIDO WOULD NEED A FEW
ADDITIONAL JUSTICES ON THEIR
SIDE BE ABLE TO TAKE UP A CASE
LIKE THE ARKANSAS LAW THAT WAS
JUST PACKED.
>> I'M GLAD YOU POINTED THAT
OUT DO YOU THINK CONSERVATIVE
JUSTICES HAVEN'T PUSH FORWARD
ON TACKLING ABORTION BECAUSE OF
THAT.
>> I THINK THAT'S DEFINITELY A
CONSIDERATION, YOU KNOW WE LIKE
TO TALK ABOUT THE COURT AT
BEING A POLITICAL ACT OR THE
POOL AT THE HEAD OF THE
POLITICAL BRANCH
OF GOVERNMENT. BUT REMEMBER A
LOT OF THESE JUSTICES WERE
POLITICAL ACTORS BEFORE THEY
WERE APPOINTED TO THE BENCH
THAT KAVANAUGH JUST THAT
ROBERTS AS WELL AND EVEN THOUGH
THEY WERE
AND THE INTERMEDIATE TIME
BEFORE THEY JOINED THE HIGHEST
COURT BUT THERE IS A POLITICAL
CALCULUS AND THE COURT
KNOW THAT THE BIDEN
ADMINISTRATION HAS STARTED A
TASK FORCE THAT LOOKING AT FOR
ONE AND POTENTIALLY EVEN
EXPANDING
THE COURT AND SO MAKING A
DECISION ON SOMETHING LIKE
COULD HAVE RAMIFICATIONS.
RELATED TO THAT PACT FORK AND
CORK WARM AS WE'RE DISCUSSING