Latest / The Ben Ferguson Podcast / HUGE VICTORY: Supreme Court Takes Up Major Abortion Case Next Term That Could Limit Roe v. Wade

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HUGE VICTORY: Supreme Court Takes Up Major Abortion Case Next Term That Could Limit Roe v. Wade · The Ben Ferguson Podcast

• 0:00
  Speaker 1: The Supreme Court has decided to take up a major
• 0:05
  Speaker 1: abortion case next term. It's just been announced that could
• 0:09
  Speaker 1: limit Roe v. Wade. Now, the Supreme Court agreed to
• 0:13
  Speaker 1: take up this major abortion case next term concerning a
• 0:16
  Speaker 1: controversial what many referred to in the media's controversial miss
• 0:20
  Speaker 1: to be law that banned most abortions after fifteen weeks,
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  Speaker 1: rekindling a potentially major challenge a Roe v. Wade at
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  Speaker 1: the majority conservative court. Now, Mississippi led the way with
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  Speaker 1: their fifteen week abortion ban, meaning you can't have an
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  Speaker 1: abortion after fifteen weeks of pregnancy. Governor then Governor Phil
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  Speaker 1: Bryant signed into law this bill in twenty eighteen. It
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  Speaker 1: made exceptions only for medical emergencies with the or cases
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  Speaker 1: in which there is a severe fetal abnormality, but not
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  Speaker 1: for instances of rape or incest. Federal judgent mists to
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  Speaker 1: be struck down the law November of eighteen, and the
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  Speaker 1: Fifth US Circuit Court of Appeals upheld that ruling in
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  Speaker 1: December of nineteen. Now, after being rescheduled for the Court's
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  Speaker 1: consideration in conference over a dozen times, the case could
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  Speaker 1: present a direct challenge of Roe v. Wade. Now that
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  Speaker 1: nineteen seventy three Supreme Court decision legalizing abortion nationwide prior
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  Speaker 1: to viability is the key misunderstanding in this country of
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  Speaker 1: Roe v. Wade. Viability was what was argued in Roe v. Wade.
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  Speaker 1: If the child cannot survive, then it's not viable. Therefore,
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  Speaker 1: they said you could abort it now viability which can
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  Speaker 1: occurred around twenty four weeks of pregnancy. That is what
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  Speaker 1: they said. Now, let's go back to this case, so
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  Speaker 1: you understand Roe v. Wade, and a lot of people
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  Speaker 1: don't understand this case, so let me give you a
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  Speaker 1: very quick history. In January nineteen seventy three, the Supreme
• 2:02
  Speaker 1: Court came down with their seven to two decision ruling
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  Speaker 1: that the due process cause of the fourteenth Amendment of
• 2:09
  Speaker 1: the US Constitution provided a right to privacy. This is
• 2:14
  Speaker 1: about right to privacy, so you understand that would protect
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  Speaker 1: a woman's right to choose whether or not to have
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  Speaker 1: an abortion. Here is the big asterisk which is forgotten
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  Speaker 1: by many in the liberal media. It also ruled that
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  Speaker 1: this right is not absolute and must be balanced against
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  Speaker 1: the government's interests in protecting women's health and huge astrict
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  Speaker 1: protecting the life of the unborn or as they called
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  Speaker 1: it pre natal life. The Court resolved this balancing test
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  Speaker 1: by tying state regulations of abortion to the three trimesters
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  Speaker 1: of pregnancy. In nineteen seventy three. They were looking at
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  Speaker 1: nineteen sixty nine, seventy seventy one, just so you know, medicine,
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  Speaker 1: because it took a while for this to get to
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  Speaker 1: the Supreme Court. So they were making a decision about
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  Speaker 1: the viability of a child outside the outside the womb,
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  Speaker 1: right based on nineteen seventy medicine, the full case when
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  Speaker 1: it actually happened, It started in Dallas, So a lot
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  Speaker 1: of people don't even understand this. The Supreme Court, this
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  Speaker 1: was argued back in seventy one, then reargued in seventy two,
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  Speaker 1: then decide in seventy three. So what they were actually
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  Speaker 1: looking at was nineteen sixty nine, nineteen seventy medical science
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  Speaker 1: about the viability of a child outside the womb. They
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  Speaker 1: didn't decide on till seventy three. Now, the argument that
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  Speaker 1: is going to be made is that Roe v. Wade
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  Speaker 1: certainly does need to be revisited for the fact that
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  Speaker 1: viability of a child has changed with the advancement of
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  Speaker 1: medicine significantly. In this country since nineteen seventy or nineteen
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  Speaker 1: sixty nine, because this case, which involved Norma McCorvey, she
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  Speaker 1: was Jane Roe, right, that was her name basically in
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  Speaker 1: the lawsuit. In nineteen sixty nine, she became pregnant with
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  Speaker 1: her third child. She wanted an abortion. She lived in Texas,
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  Speaker 1: abortions were legal except when necessary to save the mother's life.
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  Speaker 1: She was referred to a lawyer or lawyers who filed
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  Speaker 1: a lawsuit on her behalf in the US Federal Court
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  Speaker 1: against her local district attorney, attorney Henry Wade, alleging that
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  Speaker 1: Texas abortion laws were unconstitutional. You then had a three
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  Speaker 1: judge panel of the US District Court of the Northern
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  Speaker 1: District of Texas heard that case and ruled in her favor.
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  Speaker 1: Texas then appealed the ruling directly to the Supreme Court,
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  Speaker 1: which agreed to hear the case. And that was in
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  Speaker 1: sixty nine, So you could actually argue that they were
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  Speaker 1: looking at medicine in sixty eighteen sixty nine on the
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  Speaker 1: viability of a child. Clearly, Roe v. Wade at the
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  Speaker 1: bare minimum needs to be updated just to stand with
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  Speaker 1: what the law demanded. Right now. The court resolved the
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  Speaker 1: balancing tests. They said by time state regulations of abortions
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  Speaker 1: to three trimesters of pregnancy. During the first trimester, the
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  Speaker 1: government could not prohibit abortions at all. During the second trimester,
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  Speaker 1: this was all based on viability of life. During the
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  Speaker 1: second trimester, government could not require reasonable health regulations. Excuse me,
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  Speaker 1: the government could require reasonable health regulations, and during the
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  Speaker 1: third trimester, abortions could be prohibited entirely by the state,
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  Speaker 1: so long as the law contained exceptions for cases when
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  Speaker 1: they were necessary to say the life or health of
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  Speaker 1: the mother. So to recap the original context of Roe v. Wade,
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  Speaker 1: the court said that a fetus is not a person,
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  Speaker 1: but quote potential life, and thus does not have constitutional
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  Speaker 1: rights of its own. Yet they did say that one
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  Speaker 1: set baby, that fetus, as they described it, became viable,
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  Speaker 1: that it did in fact have rights. That is the
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  Speaker 1: reason why a women's privacy, they said, was important. However,
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  Speaker 1: they said, you can regulate abortion during different trimesters. Third trimester,
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  Speaker 1: for example, the state could regulate abortion to protect the
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  Speaker 1: health of the child right and during the third trimester
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  Speaker 1: the state may regulate a prohibit abortion to promote its
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  Speaker 1: interests and the potential life of the feat except when
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  Speaker 1: the abortion is necessary to preserve the women's life for health.
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  Speaker 1: That is the exact words of the nineteen seventy three ruling.
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  Speaker 1: So let's just talk about modern medicine. I think we
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  Speaker 1: can all agree that modern medicine now and what you
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  Speaker 1: can do to save the life of the unborn and
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  Speaker 1: save the life of a mother is significantly different than
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  Speaker 1: it was in nineteen sixty nine or nineteen seventy. And
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  Speaker 1: why this challenge from Mississippi was a smart one is
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  Speaker 1: they were challenging exactly that. Basically, they were putting a
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  Speaker 1: date on it. They were saying, here is a date
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  Speaker 1: for us that we are using, and then you guys
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  Speaker 1: can decide to listen to our case. Mississippi said, fifteen
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  Speaker 1: weeks you can get a fetal heartbeat, and they ban
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  Speaker 1: most abortions after fifteen weeks. Now do the math there,
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  Speaker 1: that's you know, every four weeks month, right, So you're
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  Speaker 1: talking about one, two three months basically. In there are
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  Speaker 1: a lot of other states that are saying the same thing.
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  Speaker 1: And what Mississippi has said is we are willing to
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  Speaker 1: challenge Roe v. Wade, and we believe that we will
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  Speaker 1: win in some capacity at protecting life because modern medicine
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  Speaker 1: clearly allows for a child to live outside the womb
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  Speaker 1: and to protect that life at a much younger age
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  Speaker 1: inside the womb than it was in nineteen sixty nine
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  Speaker 1: or nineteen seventy. This is why Democrats are freaking out
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  Speaker 1: right now because if you revisit Roe v. Wade, there
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  Speaker 1: is there's no way to revisit it without looking at
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  Speaker 1: all of these factors. There's no way. You have to
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  Speaker 1: look at this, and you have to look at the
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  Speaker 1: three trimesters of pregnancy. And again the right to abortion,
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  Speaker 1: they said for any reason except for the third trimester
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  Speaker 1: and maybe even in the second trimester, based on protecting
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  Speaker 1: the rights of the unborn. They call it the fetus.
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  Speaker 1: You can call it whatever you want to. I think
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  Speaker 1: you get the point here. That's why when this law
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  Speaker 1: was passed, it was a smart law in Mississippi. It
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  Speaker 1: was a smart challenge and the constitutional Even a law
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  Speaker 1: school put out this amazing perspective and it said the
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  Speaker 1: constitutional viability of five month abortion laws. And they were
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  Speaker 1: talking about this right. Five month abortion law restricts abortions
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  Speaker 1: of twenty weeks of pregnancy when an unborn child can
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  Speaker 1: feel pain from abortion. Opponents of five month abortion laws
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  Speaker 1: argue that viability are they violate the viability rule created
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  Speaker 1: by the Supreme Court. The valuability rule provides that government
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  Speaker 1: may not prohibit any women from making the ultimate decision
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  Speaker 1: quote to terminate or pregnancy before viability. Now, the argument
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  Speaker 1: is right, in most cases, viability will cur after twenty
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  Speaker 1: weeks of pregnancy. However, the viability rule is unworkable. It's arbitrary,
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  Speaker 1: it's unjust, it's poorly reason it's inadequate, and it's also extreme.
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  Speaker 1: Based on twenty twenty one medicine. You could even argue
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  Speaker 1: the valuability rule cannot be justified, especially as applied to
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  Speaker 1: the quote five month laws, which is how to be
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  Speaker 1: able to describe Roe v. Wade. This is the reason
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  Speaker 1: why you have the fifteen week rule that was put
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  Speaker 1: into effect specifically in Mississippi, knowing it would be challenged,
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  Speaker 1: hoping it would go to the Supreme Court. Opponents argue
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  Speaker 1: that limiting abortions at twenty weeks to protect pain capable
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  Speaker 1: unborn children violates what is sometimes called the viability rule.
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  Speaker 1: That's what the left says, and the US Supreme Court
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  Speaker 1: was very clear they created the viability rule in nineteen
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  Speaker 1: seventy three and the Roe v. Way decision, and reaffirm
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  Speaker 1: the viability rule in the nineteen nine two Planned Parenthood case.
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  Speaker 1: By the way in the Casey decision, things have changed
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  Speaker 1: since then. The Pain Capable Unborn Child Protection Act HR
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  Speaker 1: thirty six. The goal when that bill came out it
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  Speaker 1: was to limit abortions at twenty weeks that's approximately five months,
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  Speaker 1: except when it is necessary to save the life of
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  Speaker 1: the mother, or when where pregnancy has resulted from rape,
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  Speaker 1: or in the case of minors incests. That HR Bill
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  Speaker 1: thirty six is based on quote substantial medical evidence that
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  Speaker 1: an unborn child is capable of experiencing pain at least
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  Speaker 1: by twenty weeks after fertilization, if not earlier. Similar limitations
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  Speaker 1: have been adopted in several other states and have been
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  Speaker 1: proposed in others. And now that gets you to where
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  Speaker 1: we are today. This is a brilliant move and I
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  Speaker 1: give high fives to the leadership from years ago in Mississippi.
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  Speaker 1: By doing this the way they did, they were trying
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  Speaker 1: to figure out what is the easiest and what is
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  Speaker 1: the best way to get the Supreme Court to revisit
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  Speaker 1: Roe v. Wade. Now, let me be clear about this.
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  Speaker 1: It may not be that Roe v. Wade gets struck
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  Speaker 1: down completely. I would love for that to happen. I
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  Speaker 1: don't know if that's going to happen. But what it
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  Speaker 1: could do is it very well could put Roe v.
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  Speaker 1: Wade back on the platform to say, Okay, we must
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  Speaker 1: change viability, which will allow states to then ban abortions
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  Speaker 1: at fifteen weeks or twenty weeks like they have just done,
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  Speaker 1: are like they try to do in Mississippi, which is
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  Speaker 1: now what's getting us to the Supreme Court. This will
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  Speaker 1: at least give more states rights to shut down the
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  Speaker 1: abortion on demand industry in their states, and that's good
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  Speaker 1: for all children. Now, let me explain to you why
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  Speaker 1: Democrats are losing their minds over the Supreme courts decision
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  Speaker 1: to hear this case from Mississippi. They know that modern
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  Speaker 1: medicine and science is not on their side on this one.
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  Speaker 1: They get it. They understand now that abortion in this
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  Speaker 1: country and the undemand abortion product which they're all in
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  Speaker 1: favor of, is now under serious attack, more than likely
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  Speaker 1: from the Supreme Court. Now, I like to be clear
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  Speaker 1: about this. I don't believe that the Supreme Court's just
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  Speaker 1: going to immediately come out and say Roe v. Wade
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  Speaker 1: is done right. What I do think they're gonna do
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  Speaker 1: is they're going to look at the viability of a child.
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  Speaker 1: And there are a lot of states that could change abortion.
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  Speaker 1: Do I think that abortion is going to be banned?
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  Speaker 1: Probably not based on Roe v. Wade the law. What
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  Speaker 1: I do think is you are going to have a
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  Speaker 1: big swing the pendulum, and that's a good thing for
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  Speaker 1: all of us. We need a swing. You know. Planned
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  Speaker 1: parenthood's freaking out because this could fundamentally destroy or kill
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  Speaker 1: no pun intended their business, which is killing babies. Think
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  Speaker 1: about how many people have abortions in this country outside
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  Speaker 1: of the first fifteen weeks of pregnancy a significant number.
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  Speaker 1: And Democrats are in favor of abortions on demand. They
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  Speaker 1: have been forever. They want you to be able to
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  Speaker 1: birth the child and kill the child with a technicality
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  Speaker 1: that oh it's still in the womb with partial birth abortion.
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  Speaker 1: They have no problem dismembering children. They have no problem
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  Speaker 1: putting extreme painting on children, crushing children's schools, ripping their
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  Speaker 1: bodies apart, and by the way, selling those body parts
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  Speaker 1: for research, which they do and advocate for. You have
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  Speaker 1: to understand what we are up against. We're up against
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  Speaker 1: a sadistic group of individuals and they all say, oh,
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  Speaker 1: it's women's right to choose. They don't value life. If
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  Speaker 1: they did, they'd stop abortion. You know, I've been saying
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  Speaker 1: this for a long time. The number one murder of
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  Speaker 1: black babies in this country is planned parenthood. If Black
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  Speaker 1: Lives Matter really carried about black lives, they would immediately
• 15:14
  Speaker 1: stop the abortion industry, which is the number one killer
• 15:18
  Speaker 1: of African Americans in this country. Abortion destroys the African
• 15:23
  Speaker 1: American family. It has look at the numbers. It's a fact.
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  Speaker 1: But what the left is doing right now is they
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  Speaker 1: are going, oh my gosh, we may actually lose the ability,
• 15:37
  Speaker 1: and they're going to try to galvanize and they're going
• 15:39
  Speaker 1: to try to get the feminists together. And I think
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  Speaker 1: the Supreme Court is going to probably sit back, look
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  Speaker 1: at this, and they're going to decide that, yes, Roe v.
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  Speaker 1: Wade should be challenged based on science, based on medical science,
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  Speaker 1: which goes by the I mean that's remember the Democrats
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  Speaker 1: that left are always one screaming science with Fauci and
• 16:02
  Speaker 1: Mask and all this other crap. Right. Science, science, science, science, science,
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  Speaker 1: That's what they say over and over and over again.
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  Speaker 1: It's all about the science, right, about the science. So
• 16:15
  Speaker 1: they say, okay, so let's use science. This is where
• 16:21
  Speaker 1: science is going to destroy the Left and their arguments.
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  Speaker 1: Remember they're the party of silence of science. I should say,
• 16:31
  Speaker 1: they're always screaming about it. Now, this also gives states
• 16:34
  Speaker 1: the rights to do what they want to do when
• 16:36
  Speaker 1: it comes to abortion in their states. That's why Mississippi
• 16:41
  Speaker 1: I give them huge props, and I say it over
• 16:44
  Speaker 1: and over again because they were smart in the way
• 16:47
  Speaker 1: that they did this. They didn't just flat out ban abortions.
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  Speaker 1: They said after fifteen weeks, that is the part about
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  Speaker 1: this that matters. That's the best part about this. They
• 17:04
  Speaker 1: were They said, Okay, we're not going to just go
• 17:08
  Speaker 1: against Roe v. Wait, We're gonna look at the law
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  Speaker 1: and then challenge from within the law. And that's how
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  Speaker 1: we're going to win this thing. And that is exactly
• 17:19
  Speaker 1: what they've done. And now they're going to the Supreme Court.
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  Speaker 1: Now you better get ready for this because Democrats are
• 17:24
  Speaker 1: going to turn this into a campaign issue because it's
• 17:29
  Speaker 1: going to be heard in the next term of the
• 17:30
  Speaker 1: Supreme Court. And what they're gonna do is they're gonna
• 17:34
  Speaker 1: come out and they're gonna go nuts, and they're gonna
• 17:37
  Speaker 1: say that a women's right to choose is under attack.
• 17:40
  Speaker 1: They're gonna say that the Republicans have gone crazy. They're
• 17:43
  Speaker 1: gonna say this is that the feminist movement is going
• 17:46
  Speaker 1: to die, and that your rights are going to die.
• 17:50
  Speaker 1: There are zero rights that are under attack in Mississippi.
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  Speaker 1: What Mississippi is doing is they are protecting the rights
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  Speaker 1: of the unborn, the innocent children, and they're looking at
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  Speaker 1: the science of the innocent children and they are deciding
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  Speaker 1: that with this science of the innocent children, that their
• 18:14
  Speaker 1: lives actually matter. That is what they are doing here,
• 18:22
  Speaker 1: and it's absolutely brilliant. This is a victory that I've
• 18:27
  Speaker 1: been waiting for virtually my entire life since I understood
• 18:30
  Speaker 1: rov Wade. So should you be excited about this? Yes,
• 18:33
  Speaker 1: enjoy this moment. Do we have a Supreme Court that
• 18:37
  Speaker 1: is conservative to hear this the Yeah? This is why
• 18:40
  Speaker 1: elections matter. This is the reason why when I had
• 18:43
  Speaker 1: conservative friends like, oh, I just can't vote for Donald Trump.
• 18:46
  Speaker 1: These are the types of issues that are at stake.
• 18:48
  Speaker 1: Look at how many people who put on the Supreme Court.
• 18:50
  Speaker 1: The reason why this case has a chance right now
• 18:54
  Speaker 1: is because of Donald Trump and who he put on
• 18:56
  Speaker 1: the Supreme Court. And now that we have a conservative
• 18:59
  Speaker 1: Supreme Court, this is massive. So if you were one
• 19:04
  Speaker 1: of those that voted for Joe Biden, but you say
• 19:07
  Speaker 1: you care about the life of the protecting the life
• 19:09
  Speaker 1: of the unborn, just remember without Donald Trump being in
• 19:12
  Speaker 1: the White House, we wouldn't be having this conversation that
• 19:15
  Speaker 1: we are having right now. It wouldn't exist. And I'll
• 19:21
  Speaker 1: leave it at that. I want to remind you please
• 19:22
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• 19:26
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• 19:29
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• 19:33
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