The "Morning Joe" host said evidence is mounting that conservatives close to the U.S. Supreme Court have been leaking details of the deliberations over an abortion rights case to preserve the 5-4 ruling, but he said Alito's poorly reasoned opinion would endanger other civil rights.
"This looks like the right is actually getting a little nervous that they don't have five hardcore votes that would want to overturn Roe the way Alito wants to overturn Roe, so it is still very much in play," Scarborough said. "Now you have, my God, Louisiana, since this has happened, Louisiana is now talking about throwing girls and young women in jail if they have a abortions. They're talking about a life beginning at fertilization. I mean, these are characters out of, like, the De Vinci Code, like, this is getting -- oh, I don't know, Handmaid's Tale. This is getting extreme."
Scarborough, a former attorney and Republican congressman, criticized Alito's legal reasoning in the draft opinion and said it would undercut privacy rights in other cases.
"A quick reading of Roe and a quick reading of this opinion, you start to realize that the very constitutional foundation that Roe was built on, that's what Griswold was built on," he said. "Contraceptive rights for you, Middle America, contraceptive rights built on the same 14th Amendment constitutional framework, interracial marriage built on the same 14th Amendment constitutional framework, marriage equality built on the same 14th Amendment constitutional framework. Then Alito says, 'Oh, yes, we understand that, but don't worry. Trust us, those don't involve issues of abortion, so this is a one-off. This is just because I don't like abortion. It just doesn't make sense for abortion.'"
"Well, that may be Alito's argument, but there's no constitutional foundation to that, there is no legal reasonable behind that," Scarborough added. "We know the right to have consensual sex and the right to marriage equality is based on the same constitutional framework, but it doesn't involve abortion, just trust us."
Mississippi Gov. Tate Reeves has already said he won't rule out a ban on contraceptives, and Scarborough said Democrats should take legislative action quickly.
"This is getting crazy pretty quickly," Scarborough said. "My only question s going back to [Senate majority leader Chuck] Schumer, why don't you get a bipartisan vote? Democrats don't understand, they don't understand. You can't get 100 percent of what you want, you can't get 80 percent of what you want, maybe get 60 percent of what you want. You can say, we have a bipartisan bill. It's just like the Electoral Count Act, which desperately needs to be passed, Democratic leaders, we're not going to do it because we can't get the whole loaf. Wake up, take the wins you can get. If you have a bipartisan bill on abortion rights, you take it, even if it is 60 percent of what you want. Then you can say, we have a bipartisan group of senators, a majority, a bipartisan majority saying that what the Supreme Court is thinking about doing is wrong. That is a powerful message to send that I don't think the Democrats know how to get to."
Watch the clip below or at this link.
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