Wade, Conservative Court, ROE discussed on The Takeaway


Wade is overturned. And yet, as you pointed out, the focus right now is much more on the way than it is on Roe v. Wade. Do you think that Changes once we get into this Well, a couple of things that the focus is less on Roe v. Wade from Democrats because that's already a polarizing issue. The public opinion on the issue of abortion hasn't changed that much over the last Really a couple of decades. But health care is a slam dunk winning issue for them in terms of insurance coverage, projecting preexisting conditions and that sort of thing now, having said that, Roe vs Wade is probably facing its greatest threat. Certainly in my lifetime, and I was born in the late eighties. And you know the lifetime of many others were born before me. There is no doubt a great danger that a 6 to 3 Conservative Court could be the death knell for Roe vs Wade, and this could have a big political impact of the ballot box to because historically, it's been Republicans. Go to the polls who think about judges who think about the courts who have that muscle memory to connect their ballots to a certain type of president being elected, picking a certain type of judge who will offer a certain type of outcome. Democrats don't do that. Democratic leaders don't have the vernacular to talk to their base about the courts. They don't really know how to do it. They haven't been doing it. So it hasn't It hasn't been a concern for most Democratic voters that Roe vs Wade could be gone. This could change that, and I think that's why we're seeing in the polls. Even before Ginsberg Ginsberg died in anticipation of you know her needing to be replaced because she's been suffering from cancer and fighting it for a while. Now. She was 87 when she died that Roe vs Wade could Be hanging by a thread at the moment. One final thing I wanted to understand is they're all these lawsuits that are sort of working their way through the court involving this election, right? And they're in some specific states about election rules Election law. That ultimately could make their way to the Supreme Court before. The election. And what does it mean to have a four for court? Does this mean that potentially these lawsuits just Don't go anywhere that there is potential for chaos. In that sense, Things could certainly get messy. So it really depends on when the justices confirmed if the justices confirmed before Election Day. They will potentially be sworn in and have the ability to hear post election lawsuits. If those were to occur, we don't know that they will in terms of a 4 to 4 court. That could get I would. I would say that could get complicated and messy, more so than necessarily chaotic because the rule there, of course, is that if the Supreme Court ties then it's the word of the appellate court. That has the final say now. That isn't national binding precedent because that's you know, appellate courts only cover a specific jurisdiction and not the entire country. So if there is a kind of a nationwide challenge to something, then we could be in for chaos, But it may be premature to speculate that that will happen. It's a possibility. Hopefully, it doesn't and hopefully this election hopefully for everyone, frankly and for the country that this election run smoothly. Sahil Kapur is national political reporter at NBC News We spoke on Friday morning. We'll be watching the story.

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