tv Anderson Cooper 360 CNN November 1, 2021 9:00pm-10:00pm PDT
good evening. in so many ways, tomorrow's election for governor of virginia could be one of the most consequential since the last presidential election, especially for what it might say about the next one as well as the midterms next year. democrat terry mcauliffe and republican glenn youngkin are the two candidates, but donald trump and trumpism might just as
well be. as might president biden and his legislative agenda. the president is now polling about as badly as the former president ever did, so terry mcauliffe has that to contend with, making tomorrow a test perhaps of the larger democratic agenda. the president's fading popularity. glenn youngkin has the former president, who in this hour is expected to take part in a telerally on his behalf. youngkin accepted an endorsement from him and embraced him during the primary but is keeping him at arm's length now with a message that rick wilson has called running trumpism through the car wash. the closing themes of his campaign today were the opposite of maga red meat. >> friends, this is our moment to recognize that we're going to build together a different virginia, a virginia that soars, not one that settles. >> as for terry mcauliffe, the former governor, he pointed to a list of achievements in office but made donald trump the focus of his closing argument. >> there is a different in this
election. i am running against -- i like to say -- donald trump in khakis or sweater vest. >> so with that as the backdrop, john king starts it off tonight at the magic wall. what are some key parts of virginia to keep an eye on? >> let's walk through that. you mentioned this is a very consequential race for the commonwealth but also for the national implications. tomorrow we will fill in this map. let's use 2004 for a little conversation. 2020, excuse me, for a little ko conversation for how we got here. let's look at 2020. joe biden won by ten points. how are we one year after joe biden won virginia by ten points, how can the democratic candidate be in such a close race? you mentioned this at the top. this is one reason right here. the president's poll numbers are in the tank. terry mcauliffe is not joe biden, but he's a friend of joe biden. he is a known national democrat, part of the washington establishment. when the president goes down, other democrats go down with
him. 57% approval rating in february. this is the reuters/ipsos poll. 44% approval rating now as the virginia voters prepare for election day tomorrow. 51% disapproval of president biden. what does that mean? it means republicans are energized. it means independents are up for grabs. it means democrats are discouraged. for all the blue in the big areas where the people live in this state, that is why joe biden has had to do this in the final days of the campaign. he has brought in the president and the vice president up here in the northern virginia suburbs. the former president down here in richmond and the suburbs. the first lady, richmond and the suburbs, stacey abrams, down in the southeastern corner of the state. democrats need to turn voters out. they are nervous in a state they won by ten points just a year ago. so the democrats are nervous why? because youngkin does have a chance here. how does he do it? no room for error. he has to get this trump base. see all this red out here? trump ran it up out here hugely. you go through these counties. trump 71%. trump 71%.
trump 73%. however, they're not as populated so glenn youngkin cannot lose the trump base. he must have the trump base. even if he gets it all, it's not enough to win. he has had to do something republicans have had a huge problem with in the trump years, which is deal with trump's toxicity in the suburbs. the population shifts in virginia have been largely up here. if you go back to 2004, i'll just show you this is the george bush win. notice the red in the outer suburbs around washington, d.c. loudoun county, manassas, prince william county. george w. bush could do it down there. he did it down around richmond as well. but in the donald trump ages, republicans are toxic in the suburbs. glenn youngkin has got to run it up down here. somehow that's why he's been talking about schools and parents' choice. >> in terms of timing, when can we expect to start seeing returns from early votes? mail-in ballots could be a big factor. >> i would expect a very long night. i say that because number one, you have a close race.
number two, we have another unusual covid era election as well. you mentioned the early voting. virginia does not have a history of early voting really until the covid election of 2020. in the last race for governor, shy of 200,000 votes cast early. we have more than 1.1 million. this is as of sunday. monday was the final day of early voting. so you have 1.1 million votes to be counted. what does that mean? remember 2020 when early on some of the early votes came in first, right? in some states, that means the democrat jumped out to a huge early lead. joe biden was leading in ohio. joe biden was leading in texas. joe biden lost ohio. joe biden lost texas. so we're going to have to hang in there tomorrow, anderson. each county can do as it prefers but here's a very likely possibility. the early votes are counted in most places, counted first. democrats think they have an advantage there. terry mcauliffe jumps out to a big lead, but then we have to wait. normally in every other recent virginia race, it is the republican who jumps out early because these counties count first. that could be different tomorrow. the key word here is patience.
hang in. we're going to have to count them late. >> john king, appreciate it. thanks. james carville and dana bash join me. dana, where do you see the race headed? >> anybody's guess. one of the things john was pointing to were the suburbs around where i am in washington, d.c., and the key question is whether or not glenn youngkin can change the unbelievable trajectory towards the democrats in those areas. and this is just anecdotal. i was 7:30 in the morning on saturday, anderson, at the farmers market in alexandria. james carville knows that well. he used to live, i think, not too far from there. and it was packed, packed. not for a terry mcauliffe rally but for a glenn youngkin rally. and that is an area, alexandria, where joe biden won by 80%.
eight-zero percent just last year. if that kind of enthusiasm anecdotally -- i'm obviously conceding that and that's very important -- can translate into election day, then terry mcauliffe could have a really big problem because those are the areas where democrats are really relying on getting out their vote. >> james, you're a mcauliffe supporter. you've helped fund-raiser for him and many other democrats as well. how concerned are you and how important is tomorrow? >> i'm very concerned. it's a very important race. i really want to win it bad. if we lose, i'll be profoundly disappointed. i think john and dana have done a good job of setting the table about what's going on. i would say -- and i don't know -- but i've seen exhaustive analysis of the early vote, and that does not portend for any republican tide in virginia. democrats vote early and more often than republicans, but there's 1.1 million ballots in that by every analysis i see,
that are quite favorable to terry. we've got 2 million more to go, so we'll see, and dana and john do a typically great job, and these suburbs are going to be all critical. >> we should point out that is a live rally that terry mcauliffe is having in fairfax, virginia. all signs are pointing to the house voting on both of those bills this weekend. if that is more or less resolved very soon, do you think that democrats can actually unite with a cohesive message for the midterms and beyond, james? >> first of all, i said 47 emails on behalf of terry mcauliffe. i probably send more emails as much as any three people in the democratic party, and i'm not going to send another one asking anybody for a dollar until they vote on this and pass it. and i think every democratic donor ought to say, if you give $25, tell them i'll give $50 but i'll give it after this is passed. i have no idea who's right or
who's wrong in this, but we've got to move this thing. you know, right now, i think this economy is really good. it really favors workers, and we got to come in and finish this deal and get this thing done. and that's my way of doing this. no more dinero until we get this thing passed and done. >> dana, obviously you hear some frustration from james there. how much do you think the stalemate on capitol hill over the president's agenda, the lack of victory on these two major bills, is hurting terry mcauliffe? >> well, i'll just answer that by telling you what terry mcauliffe said. a lot. he's been screaming from the rooftops saying, do this, that the dysfunction among democrats in washington is really hurting him. i mean he's crystal clear about that, not just in private but in public. and there are several reasons for that, one of which is that because we talked about where
virginia is. it is -- a lot of the voters are in northern virginia, suburban washington, so they're very much attuned to it. but it's also just broadly about the notion of democrats being able to govern. he is a democrat asking voters in the commonwealth of virginia, allow me to come and govern. and if people are not enthused about the idea of democrats being able to do that, this is -- again, this is terry mcauliffe's point of view clearly -- then it is harder for him to get people to say, i'm going to go out there, especially when there's some apathy about just politics in general right now. and this is one of the reasons for the apathy. a lot of people, including terry mcauliffe, believe. >> james, you've been raising concerns about the democratic party being too far left now for quite some time, getting into some heat for doing that. do you see that impacting this race? i mean is that part of the problem here?
>> yeah. i'd be more precise. my critique is not i consider myself a liberal. i think some of this language stuff is just silly, and i think view it as being just silly. but terry does -- he really focuses on people and their problems, and dana is exactly right. he's expressed the same frustration publicly that he's expressed to me. it would just make me sick if we pass this thing next friday and we lose virginia. i certainly think we're in the hunt in virginia. i see some more favorable signs than other people do, but it's a very, very close race. but my critique is more with language and less with ideology. >> i mean, james, this race should not be as close as it is if you just look at on paper. president biden beat president trump by ten points in virginia. >> you know, anderson, it doesn't line up like that. since 1965, with the exception of one time and that was in 2013, the party that won the
white house loses the virginia governorship. and you're faced with a little bit of a different electorate, and i don't think the democrats have done near good enough job of talking about how really good this economy is for workers. i mean you look at the quit rate. workers have more power now than they had at any time in this century. i do think that our communications, i think the white house communication has been bad. i'm very critical of people like myself that have access to shows like you that i haven't framed this work well, and i blame cnn and "the new york times" and everybody else. we have focused on -- all we talk about is presidential approval and inflation. we don't talk about wage growth. we don't talk about the power that workers have now. you know, and we don't talk about -- sufficiently enough how this economy is poised for a really good recovery. so i'm critical of myself. i'm critical of the white house, and i'm critical of the media.
and i'm not a typical media basher, but there's a lot of good news in this economy, and we're not -- we're not getting it out. we got to do a better job, i think. >> james carville, dana bash, i appreciate it. thanks. coming up next, more on the role the former president is playing as a surrogate for one side and object of fear for the other. also, what he doesn't want us to know about his role on january 6th. some fascinating details about what we're learning about the documents he's trying to keep away from congress. the supreme court taking up the six-week abortion law with some striezing statements by two members of the court's conservative wing. we'll talk about what that may mean for challenges to the law. no mess. just the soothing vicks' vapor for the whole family. introducing new vicks vapostick.
i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! ( sighs wearily ) here, i'll take that! ( excited yell ) woo-hoo! ensure max protein. with thirty grams of protein, one-gram of sugar, and nutrients to support immune health! ( abbot sonic ) constipated? set yourself free with fleet. gentle constipation relief in minutes. little fleet. big relief. try it. feel it. feel that fleet feeling.
from the very first touch, pampers, the #1 pediatrician recommended brand, helps keep baby's skin drier and healthier. so every touch will protect like the first. pampers with framebridge... make what matters to you last. halloween, '72. jojo's adoption day. uncle leo's legacy. summiting kilimanjaro. asher's art phase. the moment you knew it was love. whatever you treasure, make it last.
framebridge. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? you got it. ♪ liberty, liberty - liberty, liberty ♪ uh, i'll settle for something i can dance to. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪
but those are deeply affected by larger matters. in a statement today, he sought to eliminate the distance youngkin has been trying to keep from him, saying, quote, this is not true. we get along very well together and strongly believe in many of the same policies. as for the doubt he's been casting on the electoral process in virginia and elsewhere, that continued but with one twist. he's no longer suggesting people should stay away from the polls. quoting again, i'm not a believer in the irntegrity of te virginia elections. the way you beat it is to flood the system and get out and vote. we're joined by two former republican house members, barbara comstock and charlie dent. congresswoman comstock, the former president saying he doesn't believe in the integrity of virginia's elections but everybody should go out and vote and flood the system. it's a smarter approach from when he previously encouraged
not to vote, dishonestly saying the system is corrupt. is that going to work? is that going to help this time, you think? >> well, i think the drudge report has the correct headline today. it said youngkin is winning without trump. he's winning despite trump. and he's winning because he brought diverse parts of the party together. i think as you know, charlie and i are not trump fans. we're anti-trump. we don't want to see him running again. but glen has been somebody who has focused on issues. he is competent while washington and democrats look pretty incompetent. he's serious while terry mcauliffe looks kind of light and not heavy on policy. and he's focused on issues like public safety, education, and the economy that are strong for traditional republicans' wheelhouse. this race isn't about trump, which terry tried to make it about, and i think that was a mistake because people can look at glenn and see he's not like
trump. he's an affable, nice person that you'd have over to your house. he unites people, brings people together, and he's very serious and competent. so i think it's going to be a very different approach for republicans, and i hope others will follow his lead because i think he will be winning tomorrow night, and i commend him. >> congressman dent, was youngkin -- i mean to win the primary, was he aligning himself closer to trump than distancing himself, or has there -- or how do you see it? >> i think that youngkin has done a pretty effective job of straddling this fence. look, he obviously probably got closer to trump than he wanted to in the primary, but he's certainly put a stiff arm on donald trump right now. and there's nothing more that trump -- that youngkin wants than to keep donald trump out of virginia. and the truth is this election is a lot less about donald trump. it's much more about the party in power, and that's the democrats and joe biden.
with joe biden's sinking approval ratings, that is depressing democratic turnout in some key demographics. that's the challenge for democrats, and it's pretty hard to paint this guy youngkin as trump. i mean they're just so different in so many ways. i think right now that youngkin is well positioned. he just needs to -- he just needs to perform at an adequate level in the d.c. suburbs, the richmond area, and the norfolk suburbs. if he does much better than gillespie did four years ago, he should be well positioned to win. the energy, the enthusiasm is on his side, and mcauliffe and the democrats are playing defense. >> congresswoman, as a republican who doesn't like the former president, does this give you hope about the future of the republican party? i mean for a lot of folks in your position, there hasn't been a lot to be hopeful for in terms of the power of the former president still looming large over the party. does someone like youngkin -- is that going to be a new model for republicans in swing states
going forward? >> well, i certainly hope so, and i think particularly with governors races, it's always about your state, and it's a different dynamic. we have governor hogan in maryland. we have governor baker, a republican in massachusetts. we have some great governors out there that aren't necessarily getting involved with kind of the mess in washington, and they are displaying competence. and i think that's what, say, governor ducey in arizona -- he's pretty popular. now, trump has attacked him, but i certainly hope glenn winning will get him to maybe governor ducey take a second look at running for the second. you have governors like governor sununu in new hampshire, who's his own man. that's what's important here. glenn ran as his own man. he didn't bring in a bunch of surrogates. he didn't bring in a lot of other republicans. he just ran on virginia. he is born and bred here, lived across different parts of the state, and then ran on issues that people were genuinely
concerned about. you cannot underestimate the power of terry mcauliffe's gaffe, talking about parents shouldn't be involved in their education, particularly in the suburbs where parents -- two-income parents are paying high mortgages and paying a lot to have their kids in good schools and terry tells them, hey, stay out of here. what do you need to be involved? that has resonated. he's unfortunately doubled down on it, and i think while you have all the other problems in washington, he's had his own mistakes here. and it's important to remember back in 2013 when he won under 50% very narrowly, it was when he had the wind at his back and he had a government shutdown. i was on the ballot then, and it was hard to survive what was republicans shutting down the government and a very unpopular governor candidate that republicans had that year in '13 when terry ran before. so i think this is much different, and he had no idea that he was going to have such an engaging, affable, competent
candidate who i think is really turning the page from the trump years. >> barbara comstock, charlie dent, appreciate both your times. thank you very much. we're going to have full coverage of the race for governor of virginia and other races tomorrow night. cnn's special live coverage starts tomorrow at 6:00 p.m. eastern. still ahead, new details about documents the former president is trying to keep hidden from the january 6th committee. brad raffensperger joins me ahead. ♪ wow! ♪ ♪ uh-huh. ♪ $0 copays on primary care visits. ♪ wow! ♪ ♪ uh-huh. ♪ and with unitedhealthcare, you get access to medicare advantage's largest provider network. ♪ wow! ♪ ♪ uh-huh. ♪ most plans even have a $0 premium. so go ahead. take advantage now. ♪ wow! ♪
there's new information tonight about the former president's attempts to stonewall the january 6th committee. according to a court filing from the national archives, the former president has asserted privilege over more than 800 pages of documents related to january 6th. the documents include phone logs and handwritten notes which could reveal some of the most closely guarded facts of what happened between the former president and other high level officials on that day. house investigators argue the former president has no right to keep these documents confidential, citing the committee's need to reconstruct his efforts to undermine the 2020 election. meanwhile, one of the only two republicans on the committee, congressman adam kinzinger, is blasting his fellow republicans for continuing to go along with the former president's lies. >> i think the republican establishment now, whether it's the nrcc, whether it's kevin mccarthy, have held on to donald
trump. they have continued to breathe life into him, and so actually it's not really handing a win as much to donald trump as it is to the cancerous kind of lie and conspiracy not just wing anymore but mainstream argument of the republican party. this is not on, you know, the ten of us that voted to impeach. it's not on liz cheney and i to save the republican party. it's on the 190 republicans who haven't said a dang word about it, and they put their head in the sand and hope somebody else comes along and does something. >> joining us now is georgia secretary of state brad raffen raffensperger. he's the author of a new book "integrity counts." mr. secretary, i appreciate you joining us. you heard congressman kinzinger there saying it can't be up to him and congresswoman cheney to save the republican party. you are one of those people who is a loyal republican, who did stand up when it mattered most. how does integrity get restored into the party whose electoral strategy is now largely still
based on this whole lie? >> good evening, anderson. well, first off, i wrote "integrity counts" to set the record straight. it's a fact-based book. i'm a structural engineer so i'm good with numbers, so i provide you all the data. at the end of the day, what it gets down to is personal integrity. law enforcement does it every day. they walk that thin blue line. election directors do at, and as secretary of state i've walked that line of integrity and made sure we had fair and honest elections in georgia in 2020. >> i want to play the portion of your call with the former president on january 2nd because i don't think a lot of people can imagine what it's like to be on the receiving end of a phone call from the president of the united states, of your own party, where he told you what he wanted you to do in georgia. let's just listen to this. >> so, look, all i want to do is this. i just want to find 11,780 votes, which is one more than we
have, because we won the state. >> it's -- you know, it's not new sound, but it's still just chilling to read the entire call in the book. you annotate the whole thing. you were very candid about that conversation. at what point did you feel threatened that things were really going off the rails? >> well, i knew that we had the data on our side, and that's why on january 6th, what i was doing was writing a letter with my general counsel i sent up to the congressman a ten-page letter detailing every single allegation. they said there was 10,000 dead people that voted. it was less than 5. they said there were 66,000 underage voters. there were zero. they said there was thousands of felons that voted. there was less than 74. there was no unregistered voters that voted in the state of georgia, zero. it just never added up to enough that would overturn the race. but what i'm sharing with people now today, three data points that help them understand what really happened. 28,000 georgians skipped the
presidential ballot, did not vote for anyone. joe biden, president trump, or joe jorgenson, but yet they voted down ballot. david perdue, our senator, he got 20,000 more votes in metro atlanta and also in athens than president trump did. our republican congressman got 33,000 more votes than president trump. that tells the whole story right there. >> and that tells you what? that tells you that president trump -- there were people who were loyal republicans who didn't want president trump but who were loyal republicans. >> it shows you that we did not turn out -- as republicans, we did not turn out the vote for the president at the top the ticket. as secretary of state, it's our job to make sure we tabulate the votes that everyone has exercised with their free will of choice and that's what we did. at the end of the day, president trump did come up short. that's what's in my book detail by detail with ten pages of footnotes. it's the fact. >> you cannot read your book and not come away with any belief that there was fraud in your
state. i mean it just -- it's -- the facts do not lie. the fact that the former president is now trying to block hundreds of pages of documents from the january 6th committee, do you think the public should be kept in the dark about what he was doing during the insurrection and the days before and after? >> well, that will probably come out, but my job is really to make sure that i get out and tell my side of the story and get that out there. we had a maybe 40,000 twitter followers. he has 80 million. so there's so much misinformation, disinformation that got out there. urban myths that are still out there circling the internet. so we want to make sure that i could answer all those questions, and that's why i did a fact-based book, and i'm more than happy to share any detail. if people ask me, i'll pull it up, and say, let's talk about that. president trump did not carry the state of georgia. >> has the january 6th committee reached out to you about your call with the former president or any other matters? >> well, they have, but they really don't need to because it's out there in the public domain. anyone can listen to it.
it's right out there. just google it. it will pop up, and you can listen to the entire one hour and ten minute conversation. and every person in america can then make their own determination of exactly what was said and what wasn't said. but i also put that in my book like you said, and then i made observations throughout that when things were said and corrected some falsehoods that were said during that conversation. obviously he had been fed erroneous information, and we wanted to make sure that he had no doubt that he came up short as far as we had the numbers to prove that he was not the winner in the state of georgia. >> looking at the future, how concerned are you as a loyal republican, a loyal american, about election integrity, about where we are going as a country just in terms of people's refusal to look at facts, refusal to, you know -- i understand people being upset about things and not getting the candidate they wanted, but about basing it on false information? >> well, anderson, and that's why i wrote the book also,
because this wasn't our first rodeo. when i took office in january 2019, i actually had nine lawsuits from stacey abrams and her side, and what they said, that she would have won were it not for voter suppression. meanwhile we have record registrations. we have record voter turnout, and she to this day has not conceded that she lost by nearly 55,000 votes. roll that forward four years later -- two years later, you're talking about voter fraud. voter suppression, voter fraud. it's the same coin, just different sides. but both of it undermines elect integrity, confidence in the election integrity process and really undermines our trust and destabilizes society. both sides need to knock it off. you run your race hard, and if you come up short, you come up short. just remember that in georgia, we have fair and honest elections. >> there's a new poll from the public religion research institute which says that 30% of republicans believe that violence might be justified, quote, in order to save our country. how concerning is that to you? >> very concerning.
i back the blue, always have, always will. whether it's riots in portland or up in washington, d.c. at the capitol. i have three family members, two nephews and a brother-in-law that are in law enforcement. i back the blue when i was on city council, statehouse and secretary of state. i'll always back the blue. >> i appreciate your time. thank you. >> thank you. up next, the surprising comments from conservative supreme court justices hearing arguments on the abortion ban in texas and what their remarks could mean for the future of the law.
but it's also a game, of information. because the nfl is connected. and at any moment, the fate of the season can come down to this. billions of secure connections, per second. when the game is on the line and the game is always on the line touchdown! the nfl relies on cisco. in business, setbacks change everything.
so get comcast business internet and add securityedge. it helps keep your network safe by scanning for threats every 10 minutes. and unlike some cybersecurity options, this helps protect every connected device. yours, your employees' and even your customers'. so you can stay ahead. get started with a great offer and ask how you can add comcast business securityedge. plus for a limited time, ask how to get a $500 prepaid card when you upgrade. call today. ever wonder how san francisco became the greenest big city in america? just ask the employee owners of recology. we built the recycling system from the ground up, helping san francisco become the first city in the country to have a universal recycling and composting program for residents and businesses. but it all starts with you. let's keep making a differene together.
two key conservative justices signaled today that they'd allow abortion providers to pursue a court challenge to a texas law that's virtually ended abortion in the state after six weeks of pregnancy. that would represent an important shift from a 5-4 ruling in september that allowed the law to go into effect. supporters and opponents of the law gathered outside as the court heard three hours of arguments today. the justices have to decide whether abortion providers in texas and the justice department have the legal right to challenge the law, which encourages citizen vigilantes to sue anyone involved in an abortion. joining us now to make sense of it all, cnn chief legal analyst
jef jeffrey toobin and former texas state senator wendy davis. you listened to the oral arguments. what do you make of what happened today? >> well, i took away from it a glimmer of hope. i think a lot of people in texas are feeling that way today. it appears as though, based on the questions asked by some of the conservative justices, they may allow federal court review of what texas has done and kick this back to the district court, the federal district court, where of course -- was originally filed. we hope that by doing so, that court will be given the opportunity to declare this law violative of the constitutional principles that of course it does seek to violate. >> jeff, there's a lot of folks -- what did you learn today? >> what was interesting was that justice kavanaugh in particular did not seem interested in
abortion as much as he seemed interested in protecting the right to bear arms. let me explain what i mean. is that this law, as you mentioned, allows citizens anywhere, anywhere in the united states, to sue an abortion clinic in texas for conducting an abortion after about six weeks. what justice kavanaugh asked the lawyer for texas was, well, let's say a state like new york, a liberal state, says that anyone in the united states can sue a gun manufacturer or a gun dealer for a crime that was committed in new york. would that be permissible under your understanding of the structure of this law? and the texas lawyer said yes. and that clearly concerned justice kavanaugh because, you know, this structure is so freewheeling that it really invites states to make laws that we've never seen in this
country, and that's what justices kavanaugh and barrett seem concerned about as well as the four justices, the three liberals plus the chief justice who have already voted that this law should not go into effect. >> senator davis, as jeff mentioned, justice kagan warned that the texas abortion law could also lead other states to pass new laws on not only guns, same-sex marriage, religious rights. do you think that could actually appeal to both liberals and conservatives? >> i think it can because as jeffrey pointed out, it applies equally across the board. and basically would allow states to provide citizen enforcement authority to override constitutional authority. and as the u.s. solicitor general said today, we can't allow the constitution to be that fragile, and we cannot allow laws that are going to usurp essentially the court's
authority and the statutory authority from other -- from congress. and so i think that that's what they're going to lean into here. i don't think it's the case that we should take away from this that these particular supreme court justices, these conservatives have a problem with abortion regulations, but they have a problem with a particular structure of this regulation. and of course for the question of abortion, we're going to learn much more about how they feel about that on december 1st when that mississippi case is argued. >> but, anderson, it is worth remembering that even with this bizarre law, you know, which gives, as you say, a vigilante license to anyone in the united states, you know, something we've never seen, the women of texas have been denied their rights that have been guaranteed under the constitution for 50 years going into a third month now. so even if this law gets struck down eventually and even if it
gets sent back to the district court, this law has worked in denying women their rights, and that's chilling to think about. >> senator davis mentioned mississippi. one month the court is going to hear arguments in a mississippi case. you predicted that kind of direct challenge would come. do today's arguments inform anything about what may happen in the mississippi case? >> i think the honest answer to that is no. this was really about the procedural aspect of the texas law which is so unusual. the mississippi law is very conventional in its enforcement. it basically says the state will punish you, abortion clinic, if you conduct an abortion after 15 weeks. it's worth remembering that, you know, that would be a clear violation of what the constitution has been understood to mean since 1973. viability is about 24 weeks. the law has said you can't ban
abortion under viability. 15 weeks is clearly unviable. if they uphold the mississippi law, roe v. wade is no longer the law of the land. >> senator davis, what do you think the justices will do on the mississippi case? >> i think based on what we know of the history of these new trump appointees to the court and, of course, justice alito and justice thomas, it's very likely that they'll take a hostile position to roe v. wade and find a way to uphold this mississippi law even if that means that they will hold the structure of roe in place. i think essentially they'll be gutting its viability standard as jeffrey mentioned, and it's very likely that we're going to see an extreme rollback if not a complete rollback of abortion in states where states are hostile to that constitutional right.
>> wendy davis, jeff toobin, i appreciate you both being here. thank you. up next, from a pilot venting politically on the p.a. system or a flight attendant punched in the face, a look at the state of what increasingly seems like our distinctly unfriendly skies just in time for the holiday travel season. wooo vaporize sore throat pain with vicks vapocool drops. (man 1) oh, this looks like we're in a screen saver. (man 2) yeah, but we need to go higher.
(man 1) higher. (man 2) definitely higher. (man 1) we're like yodeling high. [yodeling] yo-de-le-he... (man 2) hey, no. uh-uh, don't do that. (man 1) we should go even higher! (man 2) yeah, let's do it. (both) woah! (man 2) i'm good. (man 1) me, too. (man 2) mm-hm. (vo) adventure has a new look. (man 1) let's go lower. (man 2) lower, that sounds good. (vo) discover more in the all-new subaru outback wilderness. love. it's what makes subaru, subaru.
heading to the holiday travel season, more signs of dwindling civility on airplanes. a pilot uttering an anti-biden catchphrase over the p.a. system. >> reporter: america's bitter political divide rears its head on a commercial airline flight. on a southwest flight from houston to albuquerque last friday, a pilot went on the public address system. and after discussing disability and the weather, ended his greeting to passengers with the phrase, let's go brandon. that was according to the associated press that had a reporter onboard. let's go brandon is a tongue and cheek phrase to "f" joe biden.
>> you can hear the chants from the crowd. let's go brandon. >> reporter: she thought it was let's go brandon, in support of the driver. since that moment, the phrase let's go brandon, has been openly used by republican politicians. >> let's go brandon. >> ted cruz posed with a let's go brandon sign at a baseball game. jeff duncan wore a face mask on the house floor with the phrase. >> this is coded language being used to signal alignment with conservative values. >> reporter: southwest airlines issued a statement on the pilot's reported comment, saying southwest does not condone employees sharing their personal political opinions on the job. southwest is reportedly investigating the incident. this isn't the only report of its kind on an airline recently.
a united airlines sent a memo telling them not to use the emergency frequency, as pilots comm communicate on. it was in reference to the phrase, let's go brandon. tensions on flights, political and otherwise, have never been higher. a flight attendant was hospitalized with broken bones in her face, following an attack from a passenger. on this recent american airlines flight, this manchued on his mask and growled at the flight crew. with the faa reporting more than 4,900 incidents of unruly passengers just this year. transportation secretary pete buttigieg was asked about a no-fly list for violent passengers. >> that should be on the table. it is completely unacceptable to mistreat, abuse or disrespect flight crews. >> brian todd joins us now.
as you mentioned, there was an a.p. reporter on the flight where the pilot said let's go brandon. did she try to speak with him? >> she did, anderson. she asked to see if the pilot could comment on what he just said. as a result, she was almost kicked off the flight. it was around the time that it landed. she admitted she was asking them to open a locked cockpit door. the southwest airlines pilot association, the union. we contacted them and they didn't want to comment. >> a couple weeks, flight attendants and other representatives, testified about problems of unruly passengers. did they have suggestions on how to stop it? >> they did. they were visibly frustrated, anderson, when they were testifying before congress. what they asked for initially, is congress do something to curb the sale of alcohol, specifically alcohol to go, at airline terminals at the airports. they want that to be a starting step in this.
they are fed up with drunken passengers who are getting violent. >> amazing. brian todd, appreciate it. coming up next, what happens now that several thousand people who think nothing of putting heher their lives on the line from fire, are refusing to roll up their sleeves to get vaccinated. one of my favorite supplements is qunol turmeric. turmeric helps with healthy joints and inflammation support. unlike regular turmeric supplements qunol's superior absorption helps me get the full benefits of turmeric. the brand i trust is qunol.
to make progress, we must keep taking steps forward. we believe the future of energy is lower carbon. and to get there, the world needs to reduce global emissions. at chevron, we're taking action. tying our executives' pay to lowering the carbon emissions intensity of our operations. it's tempting to see how far we've come. but it's only human... to know how far we have to go. ♪ ♪ [doorbell] ♪ ♪ [doorbell] ♪ ♪ [doorbell] all the delivery. no delivery fees. dashpass.
feel stuck with student loan debt? move to sofi-and feel what it's like to get your money right. ♪ move your student loan debt to sofi—you could save with low rates and no fees. earn a $500 bonus when you refi-and get your money right. ♪ limu emu & doug ♪ got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need.
but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ bill de blasio says his vaccination mandate is working, with 91% of municipal employees vaccinated with one dose of covid-19. he said there is no disruption to city services. that's despite 2,000 firefighters calling in sick. a union says that members are taking sick days because of reaction to the vaccine. irresponsible sick leave is creating a danger for new yorkers and their fellow firefighters. the fdny has a vaccination rate of 77%,
city agencies. 75% of the nypd is vaccinated. the remaining 15% unvaccinated are requesting accommodations for religious or medical reasons. and the sanitation rate is up to 83%, from 62%. the news continues. let's hand it over to chris for "cuomo prime time." >> thanks, coop. i'm chris cuomo. welcome to "prime time." here's our first question. how can president biden say this -- >> i believe we will see by the end of next week at home, that it's passed. >> -- when he had to know that senator joe manchin would say this -- >> political gains have to stop. voting this no-hostage is not going the work to getting my support for reconciliation. i see shell games. none of us should represent to the american people what