URGENT ACTION NEEDED: Radical Left Voting to Make Roe Permanent

Today on Secular, we're announcing an urgent campaign to stop Schumer and Democrats from trying to make Roe permanent tomorrow in Congress. Keeping you informed and engaged, now more than ever, this is Secular. We want to hear from you.

Share and post your comments or call 1-800-684-3110. And now your host, Jordan Secular. Folks, you may have heard about this vote tomorrow in the US Senate for Senate Democrats, along with a couple of potential Republicans to try and codify Roe versus Wade. And you'll see it downplayed a lot as, oh, it's a political vote. Even the Washington Post had a headline why Democrats won't be able to codify Roe versus Wade into law.

Don't believe it for a minute. There is a process for them to get this vote done. They could get the votes to codify Roe, and they could get the votes to end the legislative filibuster. Remember, they get to set the rules on the legislative filibuster. If they get 51 votes to change that rule, guess what? No legislative filibuster. And we believe they've got the votes to codify Roe to some extent. It's already passed the House, a very extreme version, a version that would get rid of informed consent, a version that would get rid of any kind of waiting periods, a version that would get rid of any restrictions really at all on abortion, all those restrictions we fought for over decades.

It would try and wipe those out. But there is a less radical proposition put forward by two Republican senators, Lisa Murkowski and Susan Collins. There could be a deal made to put their legislation in if they support ending the legislative filibuster. So in this 24 hours, folks, do not count what the mainstream media is saying is just a political vote.

I just don't think they want to set the bar too high because they can't guarantee that they've got the votes yet, Dad, to end the filibuster. But we're on kind of this heightened alert, and we're launching a matching moment right now because you've got to fight this at all. You've got to be ready to fight once the decision comes out from the court. But you also, we're ready to fight even if Congress were to codify Roe.

Here's the thing. We've got the vote. Looks like there's going to be a vote Wednesday.

It could go either way. I mean, anybody that's assuming that this is not going to pass, it's very dangerous when you do that because you have two Republicans that are putting a bill forward, as Jordan said, that in fact codify a portion of Roe. Now, we've already deployed our government affairs teams. They've already been to the House, to the Senate. They're working with the House now too, working with both.

Thay and Bennet will be joining us in the next segment of the broadcast. At the same time, our legal team has prepared what will be legal position papers that have been distributed. But, folks, we also have to be prepared for litigation if they do this. Now, this is all coming because someone leaked the opinion from the Supreme Court on the Dobbs case, which, as everyone knows now, was a vote to overturn Roe versus Wade as being fundamentally flawed from the outset. You know, there are people that were pro-abortion that acknowledged that Roe versus Wade was not on a firm legal footing, including Lawrence Tribe from Harvard and Ruth Bader Ginsburg.

Yeah, I think what we have to understand here is we're in a moment. If you play down this idea, well, it looks like we've got a good draft opinion. It leaked and it looks like it's going to overturn Roe versus Wade. They are trying to preemptively prevent that from ever really taking place because they're trying to put it into law. And I think, again, the liberal media is playing down the expectations game for their own base. They also don't want you paying attention. This is one of those votes they want to say, oh, don't pay too much attention to.

It's uphill. It's really difficult for them to do. We just laid out in 30 seconds how they could do it.

And we're going to get into more detail if they admitted our director of government affairs. But to take this one lying down, when you're on the cusp of a huge victory for life, a huge victory to protect children's life, you don't take any of these votes lying down when they've got a path. It might be a narrow path, but they have a path to codifying Roe. We have a legal argument about why that's unconstitutional, but that would require going back into federal court, not being able to then have this debate in the state legislatures, which is the idea if we do win this case.

So we want you to be part of this matching moment. You have until midnight tomorrow night, we freed up $250,000 in matching funds. That's our goal is to raise $250,000 by midnight tomorrow night to protect life. Donate today at ACLJ.org slash match. That's ACLJ.org slash match. We have got to take this seriously and not be lying down.

There's a real challenge here. So I want you to understand what's happening tomorrow in Washington, DC. There's two pieces of legislation. One is a more extreme codification of Roe, really. I mean, it's abortion up until birth, no state restrictions, no informed consent. All the other issues that we fought on for life for decades to get into place would be wiped out. Even conscience clause protections wiped out. Now we believe at the ACLJ, we already put out the shorter memo that we released last week, that that would be unconstitutional based off the Supreme Court draft leaked opinion because the constitutional arguments that they're relying on, provisions they're relying on, would not give them anywhere to rely on if those provisions don't contain in them and the court says clearly this right to privacy. So they can't rely on that.

But we would still be fighting in federal court. And there's all this downplay. You even heard it, if you're watching the broadcast during the break about this vote and the extreme Schumer language, never seeing the light of day and there's the legislative filibuster. But I want to go right to Thanh, but in Washington, DC, Thanh, we launched a matching moment this morning to raise $250,000 because we're ready to fight this if Congress gets out ahead of the Supreme Court and codifies Roe and way too many commentators.

Listen, I hope they're all right. I hope this totally fails tomorrow, but it's already passed the House and way too many people are putting this effort. I think they're underestimating, Thanh, the power of the abortion industry to sway votes to try to either eliminate the legislative filibuster or at least eliminate the legislative filibuster for this issue. They set their own rules, Thanh, it only takes 51. So I want to explain to people, stop listening to the mainstream media who's playing this down so they don't oversell it for Democrats. Yeah, Jordan, there is just absolutely no question that they are fundamentally incorrect about the fact that this is a foregone conclusion and here's why. Leader Schumer filed cloture on that bill that you're describing that would essentially outlaw any state-based restriction, would codify Roe.

It would be very, very extreme. He filed cloture last night, Jordan, which means tomorrow he can call that cloture vote up for a vote. And technically, Jordan, yes, it takes 60 votes according to current precedent for that cloture vote to pass and for them to get on this bill.

But Jordan, we all know this. If they can come up with 50 votes in order to begin debate on the bill, they can do anything they want with that amendment, with that language. So you talked about the two Republicans who have put forward language to codify Roe. Jordan, if they can get on the bill, they could then put that language into the substance of the bill. And then you have two Republicans willing to get it over the line. So it would be a dramatic mistake, Jordan, to overlook this moment in the United States Senate tomorrow. Remember, they took this vote on cloture on this bill in February. And Jordan, they had 49 members of the US Senate that were willing to go along with it.

A couple of them missed the vote, but they were only one vote short. Jordan, there is a maneuver they can make to try to get around that. We can't look past it. You know, I look at the bill and I look at the legislation, Senator Schumer's, and it exempts out, folks, this is how serious this is. Not only does it go beyond Roe, and frankly, it goes beyond Roe. Lindsey Graham said it's just basically abortion on demand whenever. But it also exempts out the Religious Freedom Restoration Act, which gives the conscience protections to those individuals that do not wanna participate in the abortion procedure.

The bill that Senator Schumer's put forward under section five, what's called applicability and preemption, preempts the Religious Freedom Restoration Act, which is where a lot of these statutory protections come for healthcare workers who don't wanna perform abortion procedures. We handle dozens of those cases every year, oftentimes settled without court. Many times we still have to go to court, but that's how extreme this legislation is. And that's why we really have a 24-hour window here to defeat this.

Really do, Jay. I mean, this is probably the most extreme piece of legislation on this issue that I've ever seen. In addition to trampling the religious freedom rights that you mentioned, section three of the bill, Jay, which starts on page four, goes through a number of laws, and Jordan alluded to this, that would also be wiped off the books. Just let me give you just one example, informed consent law. So even if you think abortion should be legal, don't you believe that a mother should have the ability to access the most up-to-date technology about what that procedure would involve. A lot of states have enacted those laws. This legislation would wipe that off the books from a federal level.

And Jay, just one other point I wanted to mention. You talked about the analysis that we did, that we think this bill is unconstitutional. Every single office in the United States Senate has that analysis in front of them as they prepare for this vote tomorrow.

But we can't wait rest on that. Yes, that's an argument to make. Yes, that's an argument we'll make in court, and the United States Senate should consider it. But Jay, there is going to be a lot of pressure in Washington, D.C. tomorrow on Republicans and Democrats when they go to the floor of the Senate to cast this vote. To see how serious this is, take a listen to what Nancy Pelosi said just yesterday. I do think that it puts an urgency on what's happening in the election. One or two more senators could sweep back the filibuster rule for this purpose, and then women would have the right to choose. Understand what she just said.

One or two more senators then sweep back, remove the filibuster, and then they have 50 votes. Yeah, I mean, this is why I think you've got to take this urgently. It's why we have launched this matching moment. It's not a month long. It's literally it's a little bit longer than 24 hours. It ends at midnight tomorrow night.

And again, you may have seen it in your email this morning. We've got to be ready here. They are getting work. You cannot just wait for the Supreme Court decision. They are trying everything they can. And I think you've got to understand the lobbying that we are up against here with Planned Parenthood and the movement we're up against. I mean, they've already got two Republican senators on their side.

They don't go as extreme as maybe Planned Parenthood would like. But then that's where I think this gets very sticky, very fast. Everybody keeps talking about Sinema and Manchin and people are ignoring Collins and Murkowski and how this again, you can have a couple of votes to in the filibuster and a couple of different votes to actually legislate their version of putting these abortion protections back into law. Exactly correct, Jordan.

I think that's the point that people are missing. This is exactly what I'm concerned about. Yes, they do have to clear 50 votes twice, but you don't have to use the same 50 senators to do it. So, Jordan, I mean, I can totally see Leader Schumer going to Joe Manchin and saying, look, you've acknowledged you don't want to end the legislative filibuster.

But what about a carve out for an issue of this magnitude? What about if we only require 50 votes to begin debate on an issue of this magnitude? Will you give me your vote for that? And then you can oppose the final bill. I can see Joe Manchin saying yes for that.

Then they get on the bill. And Jordan, what if Leader Schumer takes the Collins Murkowski language and amends the underlying bill with that language? And then when you get to a final vote, you really think Susan Collins and Lisa Murkowski are going to vote against their own bill, even if they opposed nuking the filibuster earlier?

Jordan, I think that is a pathway that they have. I think Senate Republicans need to have their eyes wide open to it. I think Joe Manchin needs to have his eyes wide open to it. But we just have to shoot our listeners straight. Yes, they have to get to 50 votes twice, but Jordan, they don't have to use the same 50 senators to do it.

One set of 50 and then a different set of 50 gets the job done. And let me tell you something, our side's highly motivated, so is theirs. I mean, you're seeing that in the streets in Washington, D.C., where these justices live. This leaked opinion, the design of it was to do exactly what is happening.

And that was to push through legislation, to intimidate the judiciary, and then maybe pack the court if necessary. So at the ACLJ, what we're doing is we immediately responded and we are going to immediately respond. When I say because things can be changing aggressively over the next 24, 48 hours.

So what we're doing today with this matching moment, because it's just this is a moment in time, a moment in history. What we're suggesting is that we approach it legislatively, which Stan's office is already doing and will continue to do over the next 24 hours. Our litigation teams are already, listen, I've got the memos, we already have memos in hand, legal memos that are being done on this. We are going to be ready for litigation if necessary. And if legislation pass, it will be. You realize though, folks, the opinion hasn't even come out yet.

That was just a draft that was leaked. So these individuals are that bent on getting their way. So when you're fighting the abortion lobby, you got to understand what you're fighting.

And when you, we have an email that's out today, let me just read two lines. The bombshell leak from the Supreme Court has unleashed a firestorm. And boy, that's all, it's an understatement. We only have about 24 hours to defeat the radical left's attempt to make Roe v. Wade permanent. And let me tell you, the legislation actually goes beyond Roe versus Wade. So what we're doing is we've got a matching moment here. We've freed up $250,000 of our matching funds for these in 24 hours, because we're going to have to expend the resources, folks, to win this. So go to aclj.org for the matching moment or respond to the email that has already been sent to you.

You may be getting a text as well. We encourage you to do that. Very, very important. And Jordan, I think what people need to understand is this is moving very quickly and we are on top of it.

This is why for us it's a little bit more than 24 hours. It's a matching moment. We've never done this before.

This is something brand new. But because we're having to fight on so many angles, so we've got to educate the senators on why we believe this is unconstitutional. Maybe try to persuade a couple of those senators that what they're even trying to do here, even if they're pro-abortion, it will not withstand legal challenge. We've got to be ready, of course, once the decision comes out from the court to fight the battle in the states. But folks, that's the battle we want to have. Imagine if we get stuck back in federal court for another decade, fighting over whether or not Congress has a role here and whether they are able to legislate. That will be decided these next 24 hours. So we've got to be ready. We've got to be pushing and we cannot take this for granted. Too many people, I see it online, both sides, just ignoring this.

No big deal. Do you think Planned Parenthood's lobbyists aren't working this right now as we speak? They are a billion dollar a year. Let me repeat that. Billion dollar a year business who donate lots of money to all these senators. You don't think they're twisting arms as we speak.

They are. We've got to fight back. Stand with us in this Matching Moment at ACLJ.org. All right, welcome back to Secular. We are taking your calls to 1-800-684-3110. That's 1-800-684-3110. We've launched what we're calling a Matching Moment.

This is the first time at the ACLJ. We're taking very seriously this attempt by the U.S. Senate. It's already passed the U.S. House to to get ahead of the Supreme Court decision because they think of course with the leaked opinion draft that they are going to lose and then over the Roe versus Wade is this this entire legal structure will be overturned. So they're going to get try to get out ahead of it and legislate abortion as a right codified into federal law.

Now we have already put out a legal memo about why we believe that's unconstitutional because they're going to be relying on constitutional provisions that the court is likely to say does not protect or give a right to abortion. But that's not going to stop them from having the vote tomorrow and we've got two Republican senators with their own pro-abortion legislation and we've got a fight over. Listen, they've been getting rid of the filibuster left and right. We've seen Democrats do it.

Republicans too. For nominees and Republicans do it for Supreme Court nominees. There's also talk and I want people to understand this because they're getting a lot of pressure over 113 I think members of the House have asked the Senate to get rid of the legislative filibuster. There's talk about doing it specifically and maybe trying to say well we're only getting rid of the legislative filibuster for abortion rights. They talked about this for voting rights too.

Is that a possibility that they try? I mean they set their own rules. Can they do something narrow while still keeping the broader legislative filibuster intact?

Yeah sure it is Jordan. I mean in essence they can do whatever they want on this. They can define what has to exceed cloture, 60 votes for cloture and what doesn't.

So they could say you know something that's considered a fundamental right or something that is of imminent importance. Really whatever they want to set the standard at Jordan that they can get 50 votes for they can do it. The other thing that's important to remember here is this has already passed the House at least the the Schumer version of this legislation that cloture has been filed on in the Senate. It's already passed the House last February and so if it clears the Senate it would go straight to the President's desk for a signature.

Basically it all boils down to this Jordan. They have 51 votes on substance in favor of at least the codification part. So they just have to figure out a way procedurally to get to that final vote on codification and then get those 51 votes. Whatever it takes as far as defining what requires cloture and what doesn't Jordan they can do.

They control the chamber. Andy you reviewed the opinion yesterday. You've reviewed of course the legal memos that we've put together. The opinion that Justice Alito the draft is very clear and very precise. So I think it's important for people to understand what it actually does.

Okay I think that's an important point too Jay. I read this opinion. It is one of the best drafted opinions I have ever read. It starts with historical context. It talks about the Constitution. It talks about the traditions. It talks about English law. It talks about antiquity.

It goes right through and finds unequivocally that there is no constitutional right under the federal constitution to abortion. It doesn't exist. It's not there. It's never been there.

It never was there. The states have that right to determine. And the I think the hero of the opinion comes out to be Justice Byron White who descended in 1973.

A Kennedy appointee who said that Roe at that time was an exercise of what I quote as raw judicial power. What Justice Alito said in this draft opinion is and this is important and I'm quoting the court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people meaning the states. But now we know that Congress is trying to say now wait a minute we want it to be the people the federal government making that decision and so you've got the and this is just a draft we don't know what the final opinion looks like until it comes out but they are reacting to this draft and the let understand this is planned folks they're doing this on purpose.

They leak the opinion to get exactly what's happening with Chuck Schumer right now. We have to combat it in the house. If that opinion becomes the law if that's what the law is we're now we've got this challenge and that's why we literally have 24 hours to get this resolved.

I think where you can't lie down here and just say okay I think we're going to win this one and we'll have the battle of the states you know starting this summer is who you're up against. So they may not have gotten the grassroots intensity that they wanted out of this politically the charge again that like people are so outraged everyone's taking to the streets it's not happening. I mean there's protests going on of course in these justices house those are very planned by the abortion industry but you cannot say well because of inflation and because of the war in Ukraine and all these other issues that we're facing that this industry which is so tied to so many of these politicians in the U.S. Senate is just going to say yeah okay we'll go spend billions and billions of dollars fighting it out in the states to keep our right to perform these gruesome procedures so we can make money off of it. They are going to do that make their last ditch effort to keep this in Washington DC. You know this is the story here that's I think so important that is that's where they're the strongest. The abortion lobby is the strongest in Washington DC and Capitol Hill and inside the federal government. They get a lot weaker when you get out to states and and these politicians who state legislators who have got to be really responsive to their own constituents and they you know so if they can keep this federal I guarantee you they've got everybody on the phone they can right now twisting those senators arms.

Yeah it's sort of sickly ironic isn't it Jordan? I mean even if you go to blue states and you go to pro-choice Americans who would call themselves pro-choice they would find themselves in a situation if that draft opinion becomes the holding of the court where Jordan not a whole lot would change for them and I don't think they would actually be that animated about it. That is not how I would describe things in Washington DC.

I would describe things in Washington DC just as you just did. The stranglehold here is held at the industry level. It's held by Planned Parenthood.

It's held by NARAL. It's held by the activists that are picketing in front of the front of the court in front of the justices house so uh Jordan I think it's actually dramatically out of step with their voters even in blue states but that's the reality and that's where this vote is taking place tomorrow. Those senators who are going to be casting votes they're not back in those blue states right now.

They're here where the abortion lobby is. The media is trying to say though this is just a show vote. That's not what Chuck Schubert is saying. Listen to his own words.

Bite 27. A vote on this legislation is not an abstract exercise. This is as urgent and real as it gets. We will vote to protect a woman's right to choose and every American is going to see on which side every senator stands.

I want to say this Andy really quickly here. That's why we have to have a multi-prong attack. The law and the legislation.

That's exactly right. We have to attack the legislation and we are doing that and the law which I am focused on very much so right now. The law which is very clear that the constitution does not confer a right to an abortion. Any codification of this would be unconstitutional under the draft of the opinion that I have read and that Roe and Casey must be overruled and the authority to regulate abortion returned to the people and their elected representatives the states. That's what Justice Alito said in this draft opinion and that's what the law is.

Yeah but what the thing is they're trying to usurp it before the opinion's even an opinion right and that's why we're in this matching moment. Jordan's gonna let you know what to do folks but we're this is a 24-hour period we want to raise $250,000 to expend the resources necessary to get the job done which is defeat this legislation tomorrow. And we've released $250,000 in matching funds so we could ultimately raise $500,000 here because if we hit that goal you know your $25 donation just like in a matching challenge month is like $50. We've released this $250,000 matching moment goal until midnight tomorrow night go to aclj.org forward slash match or just aclj.org you'll see it on the home page share it with your friends and family don't take this victory lying down it's not over yet the fight is really just beginning we don't even have an opinion from the court. We need your help and the moment is now the leak of the supreme court draft opinion that would overturn Roe versus Wade has triggered the pro-abortion senate to force a vote to codify Roe this Wednesday May 11th. We believe enshrining Roe into federal law is simply unconstitutional we won't stand for it and we need your help as we speak we are in the process of delivering our legal analysis to congress it can't stop there and that's why we are calling for a special matching moment we have donors ready to step up to match any donation help us reach our $250,000 goal we need you to help give us a fighting chance the ACLJ will fight to support the supreme court's draft opinion support the lives of the unborn and let everyone on Capitol Hill know where patriotic Americans stand through this matching moment your donation is effectively doubled and you only have until midnight this Wednesday to make it happen visit aclj.org right now keeping you informed and engaged now more than ever this is secular and now your host Jordan Sekulow all right folks I want you to take very seriously these next 24 hours we are at the ACLJ you know the draft supreme court opinion leaks it looks like Roe versus Wade is going to be overturned you've got the left we don't 100% know that by the way because there's not an official opinion out by the court there's a pressure campaign on the justices trying to get them to change their votes as we speak right now but there's also something even I think more dangerous and it's being kind of just not taken seriously by the mainstream media because they know it's a little bit uphill and they don't want to I think set the bar so high for Democrats that if they don't get this done tomorrow they've somehow lost the issue but they are going to take a vote on codifying that means making federal the right to abortion a federal law so they're not reliant on judicial created rights which is what Roe versus Wade and the follow-up cases are but they would actually put into federal law we're ready to fight that out by the way we are already ready to take that to court but we don't want to have to fight there we want to have the fight in the state state by state state by state now the media is saying well they really can't get this vote they don't have enough votes we just broke down for you for the first half hour multiple ways it's already passed the house of representatives Joe Biden said he will sign it so as Dan said Chuck Schumer just has to figure out how to get to 51 twice once on ending the legislative filibuster and the second time on codifying one of the two bills that's out there to codify uh abortion as a federal right this is all happening tomorrow and one of the uh one of the uh bills out there proposed piece of legislation is by two Republicans Murkowski from Alaska and Collins from Maine now the pressure for for them if they were to adopt their more I guess restrained language if you will it's it's not as extreme as Schumer's it basically follows yeah it follows Roe versus Wade could you then get them could you get their votes on ending the filibuster could you do a narrow ending of the filibuster and they had said yes you can this is down to just a handful of votes I want to go right to Washington DC within a minute because they had I mean literally this is going to turn on two or three votes that's how thin the margin is here so for the media and all these people who are commenting who say oh this is just a political vote no it's not yeah that would be a big mistake to assume that Jordan I mean I'm assuming a very big mistake let's work backwards for a minute if he gets to a final vote on substance we know as we sit here today there are 51 US senators including two Republicans that would agree with that as long as the language is what they prefer which leader Schumer can accomplish Jordan once he gets on the bill he can make it that language so he can enact the bill so the really the vote that we need to be looking at is this vote on this cloture vote to end the filibuster Jordan let me put this as simply as I can he needs one vote there he needs one vote as we sit here today there are 49 US senators in favor of of circumventing the filibuster getting around the filibuster in order to enact this legislation only Joe Manchin from the Democrat side of the ledger is not willing to go there Jordan we are within a single vote and we should not assume that leader Schumer is not trying to get that vote you do realize everybody Planned Parenthood's trying to get that of course and Susan Collins owes Planned Parenthood because they support a reelection so Murkowski also these are these again they get support even though they're Republicans from Planned Parenthood so they're going to them right now saying can you be that 50th vote to end the legislative filibuster here but you realized that the leaker of this opinion got the reaction exactly what he wanted or she wanted I don't know if it's a male we don't know but it was it was planned it was planned and it was orchestrated and they thought it out exactly right they wanted to get they said let's leak the opinion to get the legislation to get the public all roused up and the abortion industry all riled up and out in in force and then we can get this legislation and we can enact it and we can overturn what the supreme court has said this is orchestrated planned and and completely thought out they are not just a grassroots movement they're a billion dollar year business and billion dollar year businesses don't take a draft court opinion and then say we're just going to lie down when they hand out millions and millions of dollars to all these politicians if they can keep this in Washington DC that's where they want to keep this battle it's more cost effective for them if they can keep their this issue in Washington and not have to fight state by state by state they they've won essentially even if by losing in the court if they lose at the supreme court that's why you have this matching moment you've got till midnight tomorrow night stand with us we're trying to raise $250,000 in about 24 hours aclj.org donate today welcome back to secular i do want to start taking some of your phone calls to 1-800-684-3110 that's 1-800-684-3110 at first let me just say if you if you if you're financially able to be part of this matching moment right now we've got to fight for life we got this issue uh coming up before the the the senate tomorrow already passed the house the President would sign it that would effectively try to at least uh make whatever decision the supreme court holds on Roe versus Wade whether that draft opinion holds or not or something similar to nullify it because they want to codify that means federally legislate abortion as a right now we believe that's not going to withstand legal constitutional scrutiny long term in court but but that is again keeps the battle in federal court in washington dc instead of winning hearts and minds in state legislatures across the country and so it's that'd be a victory for the a huge victory for the abortion industry the vote is tomorrow so we're we have got a matching moment we've never done this before at the aclj our goal is to raise 250 000 so we can combat all this at every front the legislative front the legal front this is all before the case even comes out uh we've got to be this battle is now ongoing this isn't a battle for the summer this isn't a battle for the fall this is a battle happening tomorrow on capitol hill and i think it will continue even if they don't get all the way tomorrow they're gonna have way too much pressure from this industry it's a billion dollar year business they're not gonna just go to if they're one vote short that's what they just said one vote short they're gonna work this and work this and work this over time so tomorrow's a key day but that's why we want to be ready with the resources yeah so we've got this matching moment we've freed up 250 000 or matching uh funds for this moment because we're having a we're operating legally legislatively of course over the airways uh and you gotta understand something the left has gotten the reaction they wanted to get here now harry hutchinson joining us our director of policy there's also there's three things going on here one is the opinion gets leaked which is unheard of a draft opinion they want a legislative fix they're fighting on that right now we're dealing with that it's a real battle they want a intimidation factor campaign which is happening to say hey this is just a draft opinion maybe we can get these judges to change their opinion i think that is correct it's also important though to look at history many on the left saw roe v wade as a legislative enactment by the united states supreme court in other words it was a raw exercise of judicial power unmoored to any text or any principle within the constitution so in some respects it's important to keep in mind that roe v wade itself reflect reflects mob action and a mob effect if you will on the united states supreme court now the leak of the draft opinion in dobbs versus jackson women's health which was written by justice alito has spurred the left to follow saul alinsky's rules for radicals it's also unleashed President biden and jin saki to become extreme abortion uh supporters and it echoes what senator schumer attempted to do with respect to justice gorsage uh in other words schumer said you will reap a whirlwind and i think this campaign of intimidation in essence is part of that whirlwind here's what he said i want to tell you gorsage i want to tell you kavanaugh you have released the whirlwind and you will pay the price and i want to tell you senator schumer that someone leaked an opinion from the supreme court in the united states that's never happened in supreme court history it's a horrible horrible day number one number two we're not going to take this intimidation the opinion if that becomes the opinion was well reasoned and is correct under the law but you got to listen to what senator schumer said he's not playing games on this legislation jordan fan he is taking this very seriously yeah i mean i think this is what we've got to underscore to people we'll take some phone calls in a second but we've got to underscore what you said i want you to go through it again he's what he's looking for one vote right now in the us one vote and and he could codify abortion as a federal right tomorrow jordan he's looking for one vote because the only vote that he's having a hard time getting the votes necessary is for that vote to invoke cloture to nuke the fill of us filibuster and proceed to the bill with just 50 votes jordan he knows he's got 49 votes as of now he does not have joe mansion from inside his own caucus he does not have susan collins or lisa mikowski two republican senators who support the underlying bill at least the narrower one but they do not support circumventing the filibuster but jordan to go back to the conversation you just had with your dad they've accomplished a scenario now where all of the legislative pressure in town i mean all of it is on those three senators maybe kiersten cinema a little bit as well but i think she's probably already there so you've got a scenario where he only needs one of those three votes jordan and all of the pressure in town it's on those three if he can get over that hurdle jordan he's got 51 votes on substance let's go to the phones 1-800-684-3110 folks we have our matching moment don't forget aclj.org whatever you donate we're matching up to 250 000 in the next 24 hours let's go to judith and main online three hey judith welcome to secular year thank you yes couldn't the personhood of the unborn be established at this time changing the whole scenario there's so much evidence yeah so you know if you look at the opinion the draft opinion andy that justice lita wrote it doesn't go that far it doesn't say personhood it talks about the abortion right not being recognized but the premise of that of course is it's not recognized because there is a competing life and he does say this he when he talks about all these other right you're hearing everybody talking about what if this abortion right goes all these other things are going to happen all these other rights are going to fail and he says no and this is where it comes very close to that he said because those situations are distinct andy because they don't involve another life right he made it very very clear that this opinion cannot and will not be cited ever on anything other than abortion because it's the taking of a human life because it is essentially a homicide that's what it is it's a homicide and he said do not think that this means that all the other lines of cases that have relied on the necessary and proper clause of the commerce clause of the 14th amendment are going to be cited as being precedent this is simply an abortion case it was a legislative act by a court the raw exercise of judicial power it was wrong when it was decided in 1973 it was wrong in 2022 but harry the the fact is the left is getting exactly what they wanted here as far as reaction now we could defeat them tomorrow but we got to work to do it i think that's correct so the left is exercised for two basic reasons first they seek to overturn roe v wade but secondly they are attempting to cast this particular decision as a political wedge and so in this particular maneuver they are following sololensky's approach which says pick at the target freeze it personalize it and polarize it and so thus far that's precisely what the left has done they have suggested among other things that we ought to burn the supreme court down they are now attempting to intimidate justices perhaps in terms of changing their mind but at the end of the day this is a political wedge issue among alienated people we have the mayor of chicago lori lightfoot tweeted out that it's a call to arms this is that's a city plagued by gun violence uh and she's she's calling we put the tweet up on our screen right now so you can see it i mean this is not this is a call to arms now think about everything they've talked about with january 6th i'm not gonna get into all that right now and all the insurrection talk they talk about literally when you use a call to arms that's what you're talking about i mean so again they believe it that's exposing who they are right especially the democrat it's the politicians themselves it's not all democrats it's not all people who vote democrat it's the politicians who are owned by planned parenthood uh we've heard that from so many uh former democrats and people from the party if you don't walk the planned parenthood line you're not inside the party tim ryan who's running for u.s senate in ohio he's running as this ultra moderate democrat his name is on the letter to end the filibuster to the senate so he's he he's running against jd vance in ohio he's running as almost a mega democrat as he's kind of referred to himself he is calling on the senate to end the filibuster do you know why his campaign is funded by the abortion industry so he can play up as modern as he wants but his name's on the letter he signed it get rid of the filibuster for abortion let's go to cheryl in pennsylvania hey cheryl real quick thank you for letting me call um i have a question about the supreme court i understand when it was set up it's unlike any other court in the united states and one of their primary duties is to make sure that legislation passed by the congress is in concert with the u.s constitution where does the legislature get the right to do this to the supreme court and usurp the powers well because there's not federal legislation that had been challenged here so this was state legislation is how this came up that was challenged by the pro-abortion groups so now they want to federalize the right they haven't done that before with state recognized and they recognized the right to abortion under the constitution as part of the penumbra of liberty and now the supreme court if that opinion becomes the law what justice leo said becomes the actual law that opinion undoes undoes that and that's why they're fighting so hard and that's why they're going to try to cram this legislation through and that's why we're in a matching moment today it's 24 hours folks we've unleashed 250 000 of our matching funds to be matched for this your support will make a huge difference go to aclj.org or respond to the email that you've already received aclj.org all right welcome back to a second we're joined by our senior counsel for global affairs former secretary of state mike pompeo secretary pompeo uh we've seen i know you've been tweeting about it talking about it as you travel the country we saw the leak of justice salido's draft opinion we're seeing the protests in front of his houses but we now know that chuck schumer is pushing for a vote tomorrow in the u.s senate on it's called the women's health protection act it's a very radical bill it goes way beyond roe versus wade but it would codify abortion as a federal right into law a lot of the media playing it down but as we've analyzed today he's got he's missing one vote basically that he needs to get rid of the legislative filibuster and suddenly where they've gotten out ahead of the supreme court opinion and this battle is stuck in federal court i mean people i think need to take this very seriously secretary pompeo because the abortion industry has got a serious hold on a lot of these politicians oh you are not i don't think there's any doubt about the fact this is serious i hope that everybody who cares about protecting the unborn who who wants the the basic right of that child to be born just so fundamental and who has seen roe for goodness since 1973 right now 50 years of policy has seen how badly decided that was the the damage it has done uh to not only the lives of the unborn but to the women um who aborted those children i hope everyone can see that this is a real moment the leak was intentional it was designed to create exactly the public pressure that you're seeing uh with the protests at the homes of supreme court justices against this against the law i think i think you can see this is precisely the energy they were trying to stir and those of us who believed in this this basic idea this basic idea that life begins at conception and that the united states has a responsibility to protect each of those lives need to make sure we communicate with our elected officials at every level at the state level where this could ultimately be decided but in the hours in front of us at the federal level to make sure that they don't break the filibuster in a way that would permit the codification of roe v wait it would be bad for the unborn it would be bad for america's soul and it would be bad for american politics as well this issue should be fought out democratically in the way that it was for our first 200 years i pray that we get back to that place that it's chuck schumer senator schumer has his way that won't be so i'm going to play mike i've just played it before but i want to play it again for you to hear this was this was when this case was argued this is what senator schumer argued screamed actually i'm going to say argued screamed in front of the supreme court in the united states i want to tell you more such i want to tell you kavanaugh you have released the whirlwind and you will pay the price so he's done exactly what he said he would do they got the they got the help here of a leak you tweeted out make no mistake if rose overturned the pressure to abandon our principles will be staggeringly immense those using the pro-life movement for political gain will surrender those who believe every life bears the image of our creator will persevere i will persevere will you there is this concern that you know the pro-life movements can say up rose overturned that's it we're done mike this fight begins with the overturn of right right it puts us back to the place we were in 1972 and 1962 and 1952 and i think both science and faith call very clearly for being prepared to defend the unborn they will the the amount of money flowing to the abortion industry will drive this the politics of this it will drive the radicalization of this you can see it you can feel it you can watch it on your tv where an msnbc natural says i'd love to have a child so that we can we can abort it i saw that yesterday these are ideas that are so deeply antagonistic to our our understanding of who we are as human beings and certainly as we are who we are as americans i pray that those of us who just simply want role overturned so that these unborn children can find their life their opportunity the same way we achieved had it we won't abandon the playing field the pressure will be enormous on on those folks who sit in states which are contested states the pressure on those leaders will be enormous i just ask every everybody who's thinking about this issue or who's voting on this issue or who holds elected office who's making decisions about this issue to be true to the things they know because when you when you're true to the things you know you know these are lives you know that they are precious you you know that uh the families that are created as a result of them being born alive will be glorious families and we need to make sure that we do everything we can to make sure that the pressure that is that flows as a result of this leak and potentially as a result of the decision that will be rendered for the supreme court to overturn grow that the campaign that will be waged against the unborn will be as i said it will be immense and staggering and we just need to stay in the fight and continue to get it right and deliver a reasoned compassionate message and i think the american people will understand that net is not the message that's coming from the pro-abortion industry and they're paid for politician i mean we saw the the mayor of chicago mayor lightfoot secretary papeo tweet out that this is a call to arms this just this if the draft opinion is the actual opinion of the court a call to arms tweeted i mean a city plagued by gun violence and their mayor but using that kind of language it and i think that people you understand it may not be resonating as much in their towns and cities right now but it is very much it is washington dc knows the influence of this industry and you know apart from your time as secretary of state and ci director but in congress as well those planned parenthood lobbyists they're working the phone right now to try and find that one vote to end the legislative filibuster tomorrow no no doubt jordan and they know the likely suspects they know those people who they have seen fold before in the face of pressure from planned parenthood and the broader abortion industry i just i'd urge people to continue to work to continue to pray when i hear mayor like who use language like that um you know you all aclj and we've all been steadfast no riots no no violence this is this is about this is about returning the opportunity for voters to make good decisions for their own state about how to treat this contentious issue this is this is a dangerous time in the physical sense we need to pull back from that space it doesn't mean you ever have to give an inch this isn't about standing up that vastly for the principles you depend on it is about fighting it in the space that we all know to be consistent with who we are as americans and that's uh exactly with um exactly what we're trying to do mike we appreciate it i want to say this uh to our audience uh you just heard from the former secretary of state um you've heard from our lawyers you've heard from our government affairs team fan bennett was on this broadcast just moments ago he's now in a meeting at our office with members of the house and senate staffs on this this is a big big issue and we're moving very very quickly and aggressively we call this a moment because exactly what they wanted to happen has happened they leak an opinion they see the overturning of Roe vs Wade might actually happen again it's a leaked opinion but that that may be the opinion and then they immediately move for legislation this has happened in a week less than a week they're trying to intimidate judges they're trying to see if they can get one judge to peel off maybe they're trying to get this legislation through or maybe pack the court but we know they're trying to get the legislation through and we are working on it and we're working on litigation if necessary and this is a moment in time and it's just 24 hours it's this legislation issue is over with tomorrow that's the what we expect i mean anything could change but right now it's set for tomorrow yeah i mean i think tomorrow is a big day that we've got to get the win and they're one vote short it doesn't mean they'll give up but we will have a much better idea of what where we need to fight how we need to fight that's why we need the resources now we can't wait for this battle to be after the court opinion and we're prepared for that we've been preparing for that for over a year to prepare to fight this battle in the states but now that this opinion leaked we've got to be ready to fight it in capitol hill right now we're doing that as we speak we've got a 250 000 matching moment goal that's until midnight tomorrow night so we need your support at the aclj you go to aclj.org you donate today again it only goes until midnight tonight you double the impact your donation this is to fight for life these funds are being used to stand up for the life of the unborn in the united states of america go to aclj.org be part of this matching moment this time in history aclj.org