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The Lead with Jake Tapper

Supreme Court Overturns Roe v. Wade; Biden Urges Congress To Act After Supreme Court Overturns Roe v. Wade; House Passes Historic Gun Reform Bill; Arizona GOP Chair Subpoenaed In Federal Investigation Of Fake Electors. Aired 4-5p ET

Aired June 24, 2022 - 16:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[16:00:41]

JAKE TAPPER, CNN HOST: A 5-4 ruling that women and girls have no constitutional right to an abortion.

THE LEAD starts right now.

Perhaps the most consequential Supreme Court decision in decades. Roe v. Wade, the landmark case that federally protected the right to an abortion, overturned. Quote, Roe was egregiously wrong from the start, wrote Justice Alito in the majority decision, which will have a seismic impact on girls and women's reproductive autonomy.

CNN is live as crowds swell outside the Supreme Court.

Plus, the widespread impact, where trigger laws now or soon will make abortion entirely illegal for any girl or woman regardless of circumstances.

Also on this monumental day, the first major gun safety legislation in decades on its way to the White House for President Biden's signature. How Democrats and Republicans came together to compromise.

(MUSIC)

TAPPER: Welcome to THE LEAD. I'm Jake Tapper.

We start today with the historic decision from the United States Supreme Court which has overturned Roe versus Wade, finding that the 167 million girls and women in the United States have no constitutional right to an abortion. Massive crowds gathered outside the high court in Washington, D.C. this afternoon, some celebrating, some protesting the 5-4 decision. Conservative Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett leaving abortion rights as a question for each state to settle.

The impact to girls and women across the United States will be in many cases immediate. At least 13 states have trigger laws on the books meaning those states will ban abortions within the next 30 days. A dozen other states have indicated that they are likely to take the same action, banning abortions in the absence of Roe v. Wade.

This decision, of course, was not unexpected. Republicans have been plotting for decades to get justices on the court to overturn the decision, believing abortion to be murder, and today's opinion closely mirrors the draft that was leaked to "Politico" last month. But for supporters of abortion rights, that does not make it any less upsetting.

(BEGIN VIDEO CLIP)

SEN. ELIZABETH WARREN (D-MA): I am spitting mad over this. We have six extremist justices on the United States Supreme Court who have decided that their moral and religious views should be imposed on the rest of America. This is not what America wants.

(END VIDEO CLIP)

TAPPER: The ruling was celebrated by President Trump who more than any other single American with a possible exception of Senator Mitch McConnell is responsible for this moment. The three justices he put on the high court all voted to overturn Roe.

Today, Senators Manchin and Collin who voted for Kavanaugh and Gorsuch expressed outrage at the decision, given at their confirmation hearings, Gorsuch and Kavanaugh both seemed to suggest they would not vote the way they did today.

(BEGIN VIDEO CLIP)

JUDGE NEIL GORSUCH, SUPREME COURT NOMINEE: The Supreme Court of the United States has held in Roe v. Wade that a fetus is not a person for purposes of the 14th Amendment. And the book explains that.

SEN. DICK DURBIN (D-IL): Do you accept that?

GORSUCH: That's the law of the land. I accept the law of the land, Senator, yes.

SEN. DIANNE FEINSTEIN (D-CA): What would you say your position today is on a woman's right to choose?

JUDGE BRETT KAVANAUGH, SUPREME COURT NOMINEE: As a judge.

FINESTEIN: As a judge.

KAVANAUGH: As a judge, it is an important precedent of the Supreme Court. By it, I mean Roe v. Wade and Planned Parenthood versus Casey, been reaffirmed many times.

(END VIDEO CLIP)

TAPPER: The Supreme Court's three liberals wrote a strongly worded rebuttal to today's decision, ending, with this quote: With sorrow -- for this court, but more for the many millions of American women who have today lost a fundamental constitutional protection, we dissent.

CNN's Jessica Schneider starts off our coverage from the Supreme Court with a closer look at how this ruling will now be implemented across the United States. (BEGIN VIDEOTAPE)

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT (voice-over): Roe v. Wade no longer the law of the land, but the Supreme Court overturning nearly 50 years of precedent. The court eliminating the constitutional right to an abortion and leaving all decisions concerning abortion rights to individual states. The final 5-4 majority opinion strikingly similar to the draft from Justice Samuel Alito that was leaked last month.

[16:05:04]

Roe was egregiously wrong from the start, Alito writes. Its reasoning was exceptionally weak and the decision has had damaging consequences.

In a dissenting opinion, the court's liberal justices lament the current state of the conservative court, saying: With sorrow -- for this court, but more for the many millions of American women who today have lost a fundamental constitutional protection, we dissent.

The monumental move made possible by a conservative supermajority, including three of Donald Trump's nominees. Chief Justice John Roberts diverging somewhat from the majority, voting to uphold Mississippi's 15-week abortion ban, but stopping short of overturning Roe v. Wade. The decision is a turn for two of the justices who voted to overturn Roe after they seemed to indicate at their confirmation hearings they wouldn't.

KAVANAUGH: It is an important precedent of the Supreme Court.

GORSUCH: That's the law of the land. I accept the law of the land, Senator, yes.

SCHNEIDER: Democrats including President Biden are outraged.

JOE BIDEN, PRESIDENT OF THE UNITED STATES: This is not over.

SCHNEIDER: And urging voters to back candidates who back abortion rights in the midterm elections.

REP. NANCY PELOSI (D-CA), SPEAKER OF THE HOUSE: How about those justices coming before the senators and saying that they respect the precedent of the court. This court ruling is outrageous and heart- wrenching, but make no mistake, it's all on the ballot in November.

SCHNEIDER: Protests are popping up around the country as individual states are set to move rapidly. Twenty-six states are likely to ban abortion completely, including 13 states that have trigger laws on the books which set abortion bans into motion as soon as Roe is overturned.

Arkansas's governor tweeting, we are able now to protect life. And South Dakota's governor responding, as of today, all abortions are illegal in South Dakota.

The Supreme Court's decision also could put other precedents at risk, like the right to same-sex marriage and access to contraception.

Justice Clarence Thomas explicitly calling for the court to reconsider those other rulings, writing, we have a duty to correct the error established in those precedents.

While Alito promised nothing in the opinion should cast doubt on precedents that do not concern abortion, but the liberal justices warning no one should be confident this majority is done with its work.

(END VIDEOTAPE)

SCHNEIDER (on camera): While about two dozen states are poised to ban abortion, there are 16 states plus the district specifically protecting abortion rights. And Jake, some of those states are preparing right now for an influx of patients who might be crossing state lines in the future to get those abortion services -- Jake.

TAPPER: All right. Jessica Schneider, outside the Supreme Court, for us, thanks so much.

Today, President Biden called on Congress to pass a federal law to codify Roe v. Wade, protecting a woman's right to abortion. It's a move that right now simply does not have the votes in the U.S. Senate. The president also lashed out at the Supreme Court, calling the majority extreme and far removed from the rest of the country.

CNN's Phil Mattingly is live for us at the White House.

Phil, besides asking Congress to pass this new law, is there any other action the White House might be considering?

PHIL MATTINGLY, CNN SENIOR WHITE HOUSE CORRESPONDENT: Well, Jake, the president called the decision tragic, the day somber. He was also quite candid there's no executive order that can reestablish a constitutional right. There are very real limits to the president's authority on this issue.

However, over the course of the last several weeks, last several months even, White House officials have been engaged in intensive deliberations and debates about what they can do. They have prepared over the Justice Department to fight any efforts to criminalize travel to states where abortion is still available. There are regulatory hurdles the administration is looking to do away as it relates to abortion medication.

Across the federal government, the administration has looked for avenues to try and address this issue in some way, shape, or form. The limits, however, have underscored one point the president made and his team has made as well. They hope this will galvanize voters. Listen.

(BEGIN VIDEO CLIP)

BIDEN: This is a sad day for the country, in my view. But it doesn't mean the fight is over. My administration will use all of its appropriate lawful powers, but Congress must act. And with your vote, you can act. You can have the final word.

(END VIDEO CLIP)

MATTINGLY: And, Jake, White House officials have been in communication with abortion rights groups throughout the course of the day, making clear today was not it when it comes to the administration's position. They will be doing more in the weeks and months ahead.

TAPPER: Phil Mattingly at the White House for us, thanks so much.

Joining us to discuss, Julie Rikelman, she argued before the court against the Mississippi law that would have banned most abortions after 15 weeks. That was the case at the center of today's decision.

Julie, thanks for joining us.

So, in this opinion, Justice Alito argues that Roe v. Wade was, quote, remarkably loose in its treatment of the constitutional text by finding that abortion is part of a right to privacy, which Alito says is not actually in the Constitution.

Tell me why you think he's legally wrong.

[16:10:03]

JULIE RIKELMAN, ARGUED AGAINST MISSISSIPI ABORTION LAW BEFORE SUPREME COURT: Well, thanks so much for having me. A few really basic reasons. The first, of course, is that for more than 100 years, the Supreme Court has said that the 14th amendment and its explicit protection for liberty means that people have the right to make decisions about their bodies and about their families and children, child rearing and issues related to marriage.

So, all of those have been protected for 100 years under many, many different decisions. And the right to end a pregnancy was part of those protections. It's squarely in the middle of those 100 years of decisions. And for that reason, there really was no factual or legal change that justifies overruling Roe and Casey today.

TAPPER: Justice Alito also quoted Justice Ruth Bader Ginsburg in his opinion, the Ginsburg quote was Roe halted a political process that was moving in a reform direction, and thereby, I believe, prolonged divisiveness and deferred stable settlement of the issue.

I'm wondering, this is somebody who obviously held Justice Ginsburg in high regard,.

What did you think of Alito quoting her like that?

RIKELMAN: I think that the ability to make the decision whether to continue or end a pregnancy is absolutely central to people's liberty, to their equality, and the fact that recognizing that under the Constitution has caused harm, discord, that it short circuited a process. I just don't think there's any support in that because, again, the court has said for 100 years that people should be able to make these most basic decisions, these are the decisions at the heart of what liberty means, at the heart of what it means to be free, and that's exactly what the Constitution is for.

It is designed to protect those most basic liberties, those most basic rights, so that they're not up for vote. They're not up for the political process. And that's exactly what the court had done for 50 years until today.

TAPPER: What does it mean for women and girls who might want to get an abortion that in some states now, they cannot? With no exceptions at all.

Practically speaking, as somebody who is an expert in this, what does that mean? What is it going -- what will -- you said your organization said this is going to ignite a public health emergency. What do you mean by that?

RIKELMAN: Well, abortion is an integral part of reproductive health care and it's important for people to understand that having access to abortion is really critical to people's health and their lives. Pregnancies are not simple. Complications can arise during pregnancy. People can have pre-existing health conditions that can make pregnancy more difficult.

And as a result, we know that around the world, when abortion becomes illegal, when it's criminalized, women's health, their lives, they suffer. There will be more pregnancy complications. We will see more deaths from maternal mortality. That's just the reality, that's what the facts show, and that's what we have seen around the world when abortion is made illegal.

TAPPER: Former Vice President Pence celebrated today's ruling. He said, quote, having been given this second chance for life, capital "L" life, we must not rest and must not relent until the sanctity of life is restored to the center of American law in every state in the land.

Do you think that if Republicans take the house and Senate in the fall, there will be an attempt to institute a nationwide abortion ban, or do you think this is pretty much going to be fought at the state level?

RIKELMAN: Well, I think what we know is that some of those who have been working for many years to oppose the constitutional right to abortion have already said that their ultimate goal is to impose a nationwide federal ban on abortion. So we know that that is -- that is their intention. That is their goal.

And I absolutely expect that they will continue pursuing that goal. So, it's something that everyone needs to be deeply, deeply concerned about. Right now, the fight is in the states. It's becoming a state- by-state issue, but it is clear that the goal of some is to make abortion illegal and criminal across the entire country.

TAPPER: Julie Rikelman, thank you so much for your time today. Appreciate it. RIKELMAN: Thanks so much for having me.

TAPPER: The security concerns at the Supreme Court now as even more protesters on both sides of the divisive issue show up.

Plus, as injustices now kick abortion rights to the states, where does this leave protections for women and girls in states with murky laws on the books? We're going to get into that next.

[16:15:00]

Stay with us.

(COMMERCIAL BREAK)

TAPPER: Washington, D.C. police are ready to insure demonstrations across the city remain free of violence, they say, following the Supreme Court decision to overturn Roe v. Wade.

You can see video of officers here marching in front of the U.S. Capitol, in body gear. D.C. Mayor Muriel Bowser said the city is providing appropriate resources to keep the city safe.

CNN's Whitney Wild is live at the Supreme Court for us.

Security was a concern even before today's decision. What's the situation like there now?

WHITNEY WILD, CNN LAW ENFORCEMENT CORRESPONDENT: Well, right now, it's extremely.com. A large group, but so far, there have been no arrests. We have not seen police have to swoop in, and really react to anything since this opinion came down. It was actually after the opinion came down that the crowd actually got a lot calmer. There had been some confrontations prior, the opinion came down, and things calmed down here.

[16:20:00]

At present, this is almost entirely a crowd of people who are out here protesting the Supreme Court decision. Let me give you a live look at how big this crowd has grown, Jake, over the last several hours. There are hundreds and hundreds of people here. They have been streaming in for several hours.

Law enforcement here, you can see, they're along the perimeter. But again, we have no reason to believe that there's been any incidents. We haven't seen any. We haven't heard of any.

Again, Capitol police saying no arrests so far. Because this is, you know a group entirely basically representing one side, there's a very minimal risk at this point of a clash between opposing groups. That's always a really big concern for law enforcement when you have these large-scale protests.

The other big concern for law enforcement, Jake, is that someone will see this crowd and see an opportunity to commit an act of mass casualty violence. The big concern is that a domestic violent extremist will use this as an opportunity, use it as a justification to carry out an act of violence.

Law enforcement so concerned about that that the Department of Homeland Security issued a memo shortly after this ruling came out that said that that is a concern and it also said that federal officials, government officials as well as abortion providers, pregnancy clinics, these are the types of individuals who may be at most risk following this abortion ruling. So that's a big concern for law enforcement, so they are ramping up. They're ramping up here in Washington, D.C.

There are law enforcement from neighboring agencies pouring into Washington to make this safe. This crowd expected to grow as well as another protest later tonight, Jake.

TAPPER: All right. Whitney Wild, thank you so much.

I want to bring in the Democratic governor of Michigan, Gretchen Whitmer.

Governor Whitmer, I know you are a strong supporter of abortion rights. What was your reaction when you heard the decision this morning?

GOV. GRETCHEN WHITMER (D), MICHIGAN: Well, I think we knew this was coming, yet it still was like a gut punch. And here's the thing, we cannot let this be the last chapter. We've got to fight. We've got work to do.

I filed a lawsuit here in Michigan. I'm trying to protect abortion rights for Michiganders and for women from Ohio and Indiana who come here for reproductive health care as well.

So, we're waging this war. We're trying to keep this 1931 law that makes it a felony, no exceptions for rape or incest, from going into effect. But it's a precarious moment.

TAPPER: Are you going to be able to block it from going into effect? I mean, it is -- it is the law of Michigan.

WHITMER: So I filed this lawsuit a couple months ago. People thought that it was too early or maybe it wasn't going to be necessary, and obviously both was timely and absolutely necessary. We are hoping that the court will take action soon. The theory of the lawsuit is that under the Michigan Constitution, women have due process and equal protection, right to privacy and bodily autonomy and I'm hoping our judges move swiftly and recognize that right here.

TAPPER: Well, if they don't, what happens?

WHITMER: Well, we've got another lawsuit that got an injunction against the 1931 law, so it has not gone into effect. But that is being appealed. So as I said, it's precarious, but right now, women in Michigan can still access all the reproductive care they have been able to access for the last 49 years, but it is a precarious moment. And that's why I'm pushing on our Supreme Court to act swiftly. This is an urgent need.

TAPPER: I am assuming that you don't have the votes in the Michigan legislature to just overturn the law.

WHITMER: That's a safe assumption, Jake. Plus, not only that, the leadership in our Michigan legislature, the Republican leaders, have said they are happy that this 1931 law could go back into effect. Every Republican running for governor in the state of Michigan has embraced the 1931 law, making it a felony, no exceptions for rape or for insist.

That's how stark this moment is. That's why this is a critical time for people to get engaged, to get motivated, to register to vote. We have to turn it out this fall because this is very much at stake in this upcoming election as well.

TAPPER: You noted that women and girls from neighboring Indiana and Ohio come to Michigan for reproductive health care, for abortions if they want them. Right now, abortion is legal in Indiana and Ohio, but both states have legislatures poised to ban abortion.

Are you concerned not only about those women and girls and what happens but their ability to travel to Michigan, given the fact that some states are trying to criminalize travel to other states to get an abortion?

WHITMER: Absolutely. And you know, the Michigan ledge legislature has introduced bills to throw nurses in jail for ten years. This is happening in all these states. During the pandemic, we know they closed access for women, and that's when we saw an influx from Ohio and Indiana.

Being able to travel is something that people with resources have, and time.

[16:25:02]

That means we're going to cut a whole swath of people out of the ability just to get basic reproductive health care that we have all come to rely on. And the thought that I as a 50-year-old woman who's always had these rights for most of my life is now watching my daughters get their rights scaled back, be considered not full American citizens with the right to bodily autonomy and make their own health care decisions is devastating. That's why this fight is not just about the individual. It's about all of us.

TAPPER: Do you think that this happening in Michigan will get Democrats to the polls in November, or do you think the electoral results, the effect might be negligible?

WHITMER: You know, Jake, I was raised by a pro-choice Republican father. I am a pro-choice Democrat. There are people who support women's right to make their own decisions, 70 percent of Michiganders do. So, that transcends party line.

I think that it will be a big motivator for people, but I can't assume it. We're going to have to be organized, we have to draw Republicans and independents who are pro-choice into this effort because when 70 percent of us believe this is right but six people in D.C. and a gerrymanders legislature make it harder and harder, we all have to be called into action right now.

TAPPER: While I have you, I want to get your response to the January 6th committee hearings. We saw the committee mentioning Michigan as one state where Trump was trying to enact the scheme of creating a slate of fake electors. I want you to listen to taped testimony from the Michigan Senate majority leader, Republican Mike Shirkey.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You make the point to the president that you were not going to do anything that violated Michigan law?

MIKE SHIRKEY (R), MICHIGAN STATE SENTE MAJORITY LEADER: I believe we did. Whether or not it was though exact words or not, I think the words that I would have more likely used is we are going to follow the law.

(END VIDEO CLIP)

TAPPER: What was your response when you heard his testimony?

WHITMER: I wasn't surprised. He and I have had that conversation. I know that he did that. They did the right thing. That's good.

You know what? We should, at the very minimum, expect people to follow the law. So, it's refreshing when some of them do. I'm glad he did.

They also went to D.C. and entertained the thought of it with the president. And that's something that I think is concerning. But at the end of the day, they did the right thing, and thank goodness for it.

TAPPER: Governor Gretchen Whitmer, thank you so much. Appreciate your time.

WHITMER: Thank you.

TAPPER: Next, outside of Washington, how today's Supreme Court decision might become a bigger motivating factor for voters at the polls. That part of the debate is ahead.

Stay with us.

(COMMERCIAL BREAK)

[16:32:26]

TAPPER: The current -- the recent Supreme Court ruling will affect states in many different ways. Take a look at this map. We see 13 states that are going to see a near immediate impact. Those are states with so-called trigger laws designed to go into effect if the Supreme Court overturned Roe. Let's bring in Mary Ziegler. She's a law professor at UC Davis Law

School. Also with us, Kasie Hunt, our chief national affairs correspondent here at CNN.

Mary, let me start with you. How is this decision going to impact different parts of the country?

MARY ZIEGLER, PROFESSOR, UC DAVIS SCHOOL OF LAW: Well, as you mentioned, Jake, in roughly half the country, abortion is going to become illegal almost immediately. There will be a kind of group of states in the middle, including Virginia, that have to kind of figure out how far they want to go, if they want to go with bans at fertilization or they're going to stop somewhere in the middle, like 15 weeks.

And there are progressive states like California where I am now where states have to figure out how far they want to go in protecting their own doctors against potential legal liability from red states, as well as welcoming people from conservative states into their borders to access abortion.

TAPPER: And, Kasie, obviously, this is going to make life different for women and girls all over the country.

KASIE HUNT, CNN CHIEF NATIONAL AFFAIRS CORRESPONDENT: Very different, and it's really going to be pretty remarkable. There's not a lot of other good examples or parallels nowadays considering that the gay marriage decision that came down from the court where there are clear geographic lines, where the rights of people are different.

And so, we have already got our initial map. As the professor was just saying, that's going to change with time. And, you know, I think it's going to be important to look and see how that starts to affect our politics.

I mean, Missouri Senator Josh Hawley was already on a conference call with reporters in his home state just this morning/afternoon talking about how he thinks this will make liberals move out of red states and ultimately hand more Senate seats to Republicans, which, of course, would solidify any advantage they might have in our Electoral College, in our elections, which, of course, this is fundamentally what it's about. It's our elections and who won these elections that got us to this point today.

TAPPER: Mary, do you think the American legal debate on abortion is now over in terms of U.S. Supreme Court cases? Or are we going to see other cases popping up here in D.C.? Obviously in the state level, it's going to be different.

ZIEGLER: I think it's not over at the U.S. Supreme Court level, too. We saw in Justice Thomas' opinion and Justice Alito's majority some kind of a wink and nod to the idea that maybe there are fetal rights in the Constitution. We saw Justice Kavanaugh kind of worrying out loud about cases involving retroactive liability for abortions that have already been performed or efforts to regulate abortions that are happening in blue states by red states. [16:35:09]

So I think that this battle in the courts will continue in the short term, and of course, just as much as Roe v. Wade didn't settle this conflict, today's decision isn't going to stop people who support abortion rights from trying to change the Supreme Court, reinstitute some kind of protection for abortion rights, even if that takes years.

TAPPER: So, Kasie, in May, CNN polled Americans on whether they wanted the Supreme Court to overturn Roe v. Wade. Sixty-six percent of the public said no, 34 percent said yes.

Is this going to have an effect on the midterm elections?

HUNT: Well, those are an interesting set of data points. First, I think you are -- what you said, the poll you said where the majority of people said don't overturn Roe v. Wade, you saw in John Roberts, the chief justice's writing today, an attempt to speak to that political reality. He wanted to handle this case differently. He wanted to take a piece of the original Roe decision, make it -- get rid of it, strike the viability provision, and handle this case that way, without completely overturning Roe versus Wade.

And honestly, that kind of judicial approach more broadly reflects what we know about where the American public is on this issue. Most people, it seems, when you look at the polling and the numbers, do think there should be some time limit during a pregnancy where abortion is no longer allowed except in certain cases like the life of the mother, typically when you remove exceptions for rape and incest, that also becomes politically problematic. A number of these states that have trigger laws don't include exceptions for rape or incest already, right off the bat.

So I think in terms of the elections, the question is, who is going to get out to vote on this issue? Because it's been Republicans and particularly religious conservatives who have been getting out to vote on this issue for the past 30 years. You know, since Roe was decided frankly nearly 50 years. It has not motivated Democrats as much because it has seemed like a settled precedent.

We also see young voters who are probably most likely to be directly impacted by this decision not typically as engaged. I think some recent polling I saw a few days ago showed only 30 percent perhaps intended to vote. That's much lower than older voters.

So if Democrats can successfully galvanize those voters around this, I could see it making a difference. I also could see it making a difference in some key swing states in a presidential contest. But that's different from a midterm.

TAPPER: Mary, one of the things that is interesting about this, Kasie just alluded to, it seems like the chief justice wanted to allow Mississippi's 15-week ban but not go so far as to overturn Roe. But the conservatives on the court outnumbered him.

ZIEGLER: Right. Quite simply, this is evidence that this is no longer John Roberts' court, right? If there was any doubt about that, this decision puts the final nail in that coffin. Roberts had been outspoken during oral argument about this. There were leaks from the court suggesting he had been trying to persuade one or more of his colleagues to join him in sort of what he passed off as a middle ground, that he had no takers.

And if he has no takers now in Roe, which is, of course, the best known Supreme Court opinion, this is when the lights are shining the brightest, when concerns about the court's legitimacy are the most acute. His colleagues just aren't interested in that. And so, you can question going forward to what extent he'll have any kind of leadership role in shaping the direction of the court.

TAPPER: Mary Ziegler, Kasie Hunt, thanks to both of you. Appreciate it.

Right across the street from the Supreme Court, this was also a big day at the U.S. Capitol. Congress passed a bipartisan gun safety bill, the first in decades. What does this legislation actually do?

That's next.

(COMMERCIAL BREAK)

[16:43:12]

TAPPER: In our politics lead, the House of Representatives passed a historic bipartisan gun rights bill this afternoon, marking the first major federal gun safety legislation in decades. Fourteen House Republicans joined Democrats in favor of the measure. Last night, 15 Senate Republicans joined all 50 Senate Democrats on the same bill.

And now, the legislation awaits President Biden's signature. This comes as the Supreme Court's Thursday ruling on guns took a very different stance and actually expanded gun rights.

CNN's Jessica Dean is following all of this.

Jessica, what kind of changes will be in this gun legislation.

JESSICA DEAN, CNN CONGRESSIONAL CORRESPONDENT: So, there are several things that are important to focus on with this gun legislation, Jake, starting with the fact there's going to be 750 million dollars poured into crisis intervention programs all across the country. That could also be red flag laws that are going to incentivize laws to put the red flag laws into place.

It also closes the boyfriend loophole, something that has vexed lawmakers for years. This insures anyone that is convicted of domestic violence cannot get their hands on a gun. It's also going to require more gun sellers to register as federally licensed firearm dealers. It's going to bolster the review process for this 18 to 21 age group which is critical and connected to school shootings with that younger gun owner age group. They're going to incentivize states to be putting those juvenile records into a federal database so they can search and really take a closer look at gun buyers and who might be trying to get their hands on a gun when they turn 18 years old.

And one more thing to keep in mind, Jake, as well is the millions and millions of dollars that's going to go into mental health funding that was key for Republicans, something they really wanted in as well as Democrats, Jake.

TAPPER: It's interesting, Jessica. Unlike Senate Republican leadership, Republican House leaders encouraged their members vote against the bill. Some notable names are on that list.

[16:45:04]

DEAN: That's right. And we saw from House Leader Kevin McCarthy, Elise Stefanik, Steve Scalise, the top three Republicans in the GOP whipping against the bill, telling their members vote no.

And here are the ones who went against that. The 14 House Republicans who did join with Democrats to pass this legislation, and as you mentioned, some familiar names there. Liz Cheney, Adam Kinzinger, as well as a host of others who did buck GOP leadership in the house to join with the Democrats and get this through.

As we mentioned, it now goes to President Biden's desk, and Jake, this was not something that people really had on their bingo card for 2022. They didn't see this gun safety legislation ever having a chance of making it out, so it is significant to see this head to the president's desk.

TAPPER: I couldn't help but notice, Congressman Gonzalez, Republican from Texas, who represents Uvalde, he voted for this as well.

Jessica Dean, reporting from Capitol Hill, thanks so much.

Coming up next, what a source is telling CNN about a new subpoena tied to an investigation into the scheme to put forward fraudulent electors.

Stay with us.

(COMMERCIAL BREAK)

[16:50:47]

TAPPER: In our politics lead, former President Trump was told in numerous ways and no uncertain terms that the Justice Department cannot and would not snap its fingers and change the outcome of the presidential election. This is how Trump responded to that news, according to former Justice Department official Richard Donoghue in his testimony before the January 6th Committee yesterday.

(BEGIN VIDEO CLIP)

RICHARD DONOGHUE, FORMER ACTING DEPUTY ATTORNEY GENERAL: He responded very quickly and said, essentially, that's not what I'm asking you to do. What I'm asking you to do is say if was corrupt and leave the rest to me and the Republican congressmen. (END VIDEO CLIP)

TAPPER: CNN's Pamela Brown has been reporting on this extensively.

And, Pamela, the January 6 investigation isn't just in D.C. We're learning that the Republican Party chair in Arizona was subpoenaed. What are federal investigators trying to find out?

PAMELA BROWN, CNN SENIOR WASHINGTON CORRESPONDENT: Yeah. So, the DOJ probe is heating up. In fact, as we learned federal investigators have sent subpoenas to Kelli Ward, she's the head of the Republican National Committee there in Arizona, and her husband.

So what this shows you is that this probe is widening. It's very focused on this slate of fake electors. You know, as you well know, this idea that these people who were Trump supporters convened. They became alternate slates of electors, and the end goal, apparently, was to come to Washington and present to Mike Pence, the former vice president, the choice, and they would hope he would go toward the Trump supporters.

Now, of course, that didn't happen. But they did convene, and in fact, Arizona is one of the states that sent a fake certificate to the National Archives that was then, as we know, rejected.

So they have been subpoenaed. And their lawyer gave a statement saying that this probe is based on allegations of First Amendment protected activity. But clearly, DOJ is focusing in on these seven battleground states that Trump lost where these fake elector scheme happened.

TAPPER: And, Pamela, we also heard more details on a laundry list of sitting members of Congress asking for pardons. Representative Matt Gaetz, for example, asking for a pardon even before January 6th. Why?

BROWN: Right. Well, why? Because they were allies of Trump, and they were the ones involved in the lawsuits, the Ken Paxton lawsuit to the Supreme Court, decertifying the election results in Arizona and Pennsylvania.

Now it is worth noting, though, the only Republican congressman who has come forward to confirm it, essentially, is Mo Brooks. He's come out. He's confirmed it. He's defended it. He said he did that because he was concerned in his words of the socialist Democrats coming after him.

And he said, though, in that email that was shown by the committee yesterday that he then released a longer version of that. Matt Gaetz also wanted a pardon.

Now, Matt Gaetz has not denied it, hasn't confirmed it, but he's calling the committee a side show, as we have heard him say repeatedly.

And then you have Scott Perry. Scott Perry continues to deny this. He is the Pennsylvania congressman. He denies he has ever asked for a pardon. But we saw the video of Cassidy Hutchinson, the aide to former chief of staff Mark Meadows under oath saying Scott Perry asked her directly for a pardon.

And then, Louie Gohmert, also another name mentioned of a Republican who sought a pardon from the Trump White House. He's also denying, he's saying he was seeking pardons for others unassociated with the government.

Now, we have heard members from the committee respond to these Republican congressmen who have either denied it or they're not confirming it, and they say look, all you need to know is the witnesses we have that said that they sought a pardon, they were under oath.

TAPPER: Were under oath.

BROWN: These Republicans who are denying it, they were not.

TAPPER: Yeah, and it's not a crime to lie to the American people. It's a crime to lie under oath.

BROWN: Yeah.

TAPPER: Pamela Brown, thanks so much. Appreciate it.

Just a few weeks ago here on THE LEAD, Congresswoman Barbara Lee shared her personal story, her experience having an abortion back in the pre-Roe v. Wade days. She's back today with what she says she wants to see happen in the wake of today's Supreme Court decision.

Stay with us.

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[16:59:17]

TAPPER: Hello and welcome back to THE LEAD. I'm Jake Tapper.

Leading this hour, quote, a slap in the face for women. That was the quote from House Speaker Nancy Pelosi after the Supreme Court's Republican appointed majority ruled that a constitutional right declared 50 years ago had been wrongly decided.

Roe v. Wade no longer stands. Women and girls no longer have a constitutionally protected right to an abortion in the United States. Justice Samuel Alito writing in his majority opinion, quote, Roe was egregiously wrong from the start.

The court's decision is in opposition to public opinion. Polls show 2 out of 3 Americans did not want the Supreme Court to overturn Roe versus Wade. At least one conservative justice today indicated that the court does not plan to stop with abortion, citing the decisions that protected the use of contraception and same-sex relationships and same-sex marriage.