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Abortion Rights A Central Issue In Key Races; Dingell: Dems Should Tout Biden's Accomplishments; GOP Tested With Virginia Legislature Up For Grabs; Netanyahu: Israel Should Be Responsible For Gaza Security After War; Supreme Court To Review Federal Ban On Guns For Domestic Abusers. Aired 1:30-2p ET

Aired November 07, 2023 - 13:30   ET

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

[13:30:00]

(BEGIN VIDEO CLIP)

GOV. GLENN YOUNGKIN (R-VA): We're very clear. I will support one bill. One bill that will protect life at 15 weeks. A bill that will have exceptions for rape and incest and when the life of the mother is at risk. That's the bill.

Anything anybody else says is an absolute lie. And to call it a ban is such a mistruth and disinformation. And they should all be ashamed of what they've said over this campaign because none of it has been true.

(END VIDEO CLIP)

SUNLEN SERFATY, CNN WASHINGTON CORRESPONDENT: Now, if Republicans in Virginia hold the House and retake the Senate, that will mean that they will have, for the first time since 2013, Boris, full control of the state legislature in Virginia.

He's been very clear, the governor has, he will sign this into law. And of course, a big test for them him going forward and the national stage, also a big test for Republicans in this message going forward.

BORIS SANCHEZ, CNN HOST: Yes. And that's part of the reason we started with Virginia, right? It's kind of a barometer for where the nation is.

SERFATY: Absolutely. The last few election cycles, in particular, really there was a correlation with the messaging and the strategy and how each party does in Virginia to the broader national election.

Certainly, both parties today will be paying close eyes on what happens in Virginia, how it bodes for them going forward.

And I think for Democrats on the issue of abortion, is that message resonating. Is that driving people out to the polls?

And for Republicans, are they really neutralizing that message on abortion? Are they driving out people from the suburbs.

Both parties will be taking lessons tonight on what happens in the Commonwealth of Virginia.

SANCHEZ: Yes. A lot of races to lookout for.

Sunlen, thank you so much.

Let's pivot now to Ohio. CNN's Kyung Lah is in Columbus for us.

And, Kyung, voters there, again, are going to be deciding on a constitutional amendment that would protect abortion access. What are you hearing from them?

KYUNG LAH, CNN SENIOR NATIONAL CORRESPONDENT: Well, what we're seeing, Boris, for ourselves, Boris, and this is just one snapshot. I want to point out this is one polling place. This is a part of Columbus that tends to lean Democratic.

But I mean, you can see here, this is something that we've seen throughout the day. The diversity of voters and a stream of voters, a constant line. We've seen mothers bringing children, college students, retirees.

What people do in this community center is they check in with this table, they grab their ballots and then they head over here and they vote. American democracy at work.

And the turnout, when you talk to the people who are working here at this polling place, is that they'll tell you that the turnout has been quite high and surprising for an off-year election.

Turnout was expected to be somewhat robust but it has been very high for an off year.

It is issue one. The issue of trying to enshrine abortion rights into the state constitution that at least voters we've spoken with here say has been bringing them out today.

Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I think people feel very strongly about people's personal choices and their ability to make choices for their own.

So just really respecting each other and making sure everyone has the ability to do that on their behalf is really important and speaks very highly of us as a community.

UNIDENTIFIED MALE: We're living in weird times. And I think, from personal experience, sometimes you don't feel heard. So you kind of try to do your part.

I feel like we're all sort of kind of hoping that we can change things for the better. We do what we can, you know? This is one way to do it.

(END VIDEO CLIP) LAH: And this is expected to be very close. I've spoken with advocates on either side of issue one and neither of them say it's going to be smooth sailing, and they all say it is going to come down to the very last minute.

Both sides are out knocking on doors. Polls close tonight. So, Boris, it is going to be a battle to the end.

And one that is going to be observed by states like Arizona. I heard from someone in Arizona, an analyst there, who says he's going to see what happens here in Ohio to tell him how abortion's going to play out until 2024.

So a lot of states looking at what's happening here in Ohio.

SANCHEZ: Yes, just one snapshot that could portend quite a bit for both parties moving forward into next year.

Kyung Lah, from Columbus, thank you so much.

Brianna?

BRIANNA KEILAR, CNN HOST: Let's talk about this now with two of our CNN political commentators, S.E. Cupp and Maria Cardona.

Maria, to you first.

How motivating do you think that SCOTUS overturning Roe is going to be in these states?

MARIA CARDONA, CNN POLITICAL COMMENTATOR: Well, if we look at past elections, specifically 2022, we can say it's going to be incredibly motivating.

And I've talked to a lot of the campaigns that are running on this issue. And they say it is still incredibly motivating when they have gone door to door.

And it's not just Democrats. It's not just Independents. But it's also Republicans. It's a lot of women. It's a lot of men that support the women in their family.

Because fundamentally this comes down to personal freedom. The freedom to be able to make the choice that is right for you and your family with only you, your doctor, your family and your faith, if you're a person of faith. And that's how it should be.

[13:35:01]

And I think that across the board we're seeing that that is one of the issues that is not at all measured correctly in the polls, which is why, in 2022, so many people missed it.

There was this incredible saying that there was going to be a red wave that never appeared. And abortion was one of the reasons why that was so. We'll see if that will be the case today. But I do believe that it does continue to be a motivating factor that

is not easily caught in the polls. Ind if it is tonight or today, then I think it's going to be a very strong, incredibly motivating position for Democrats going into the 2024 election.

KEILAR: S.E., if that is the case, if this personal-choice framing is something that voters are really identifying with, what should the gut check be for Republicans?

And what should it also be for Democrats, if, yes, this is working, but do they also need to have a better argument when it comes to the economy?

S.E. CUPP, CNN POLITICAL COMMENTATOR: Well, so to the first part, we should watch to see, like Maria says, if this is going to be as motivating as it was an issue in 2022. I think Maria's right that it will be.

But then we also have to see if Republicans, attempting to soften their messaging, as you've heard from Glenn Youngkin, trying to say that the left is extreme in this and that we're not, we'll see if that works, too.

It's interesting. He's not wrong or dumb to try to do that because, after Dobbs, Republicans went whole hand on restricting abortion rights. They made abortion almost totally banned in a number of states.

And they used some very regressive scary language around maybe jailing women, maybe even killing women who went out to get abortions. It's hard to put that toothpaste back in the tube once you've gone that far.

So for Glenn Youngkin to come out and say, listen, the far left is extreme on abortion -- he's correct -- and there are far more extreme versions of abortion than a 15-week ban. That's also correct.

We'll see if that works for a lot of the suburban women voters for whom abortion is going to be the number-one issue driving them out to the polls in states like Virginia and Ohio today.

KEILAR: There are few, Maria, if any Democrats on the ballot today who have tied themselves to the ballot, right? That's just the fact here. The president hasn't campaigned with anyone.

Michigan Congresswoman Debbie Dingell thinks this is the wrong approach.

Let's listen to what she says.

(BEGIN VIDEO CLIP)

REP. DEBBIE DINGELL (D-MI): We've got to do a better job of talking about what we have gotten done during this first term.

If Joe Biden doesn't run well, you're not going to run well. So let's start giving him credit for what he has done. We all have to do a better job of talking about what has gotten done because of Joe Biden's leadership.

(END VIDEO CLIP)

KEILAR: If anything I've learned covering politics, it's that you should probably listen to Debbie Dingell if you are a Democrat.

She was out ahead warning about Michigan, even in the primary for Hillary Clinton, which Hillary Clinton lost to Bernie Sanders. She was sounding some alarm bells.

And going into the general, they were not listened to by the Clinton campaign so much.

What is the lesson here? Are people listening to her now?

CARDONA: I could not agree more with Congresswoman Dingell. Because let's remember that 2024, Joe Biden is on the ballot. He's at the top of that ballot, right? In 2022 he was not. Today, he is not.

In the special elections where Democrats have done incredibly well, which is also something that Democrats have going for them in terms of the general mood of the country, right, regardless of the polls that we have seen, we have overperformed the partisan lean by more than 10 points. So that's a good thing.

But going into 2024, I do think that everyone who's on the ballot is going to have to tie themselves to Joe Biden because they are already tied to Joe Biden.

And there are several things going for them. Again, to what the congresswoman is saying, Joe Biden and the Biden administration have massive accomplishments that they need to continue to explain better to the American people.

In focus group after focus group, what we have seen is that when voters hear specifics about what the administration has done for them, Joe Biden's numbers shoot up.

We also look at the money raised, right? Joe Biden has outraised Donald Trump. That, again, is a real measure. If people are putting their resources behind the support for this president, that is a good thing for Democrats.

So again, what I say, you know, in response to these polls, we have a whole year to go. We have work to do. Let's roll our sleeves up. Let's listen to Congresswoman Dingell. And I think we'll be in a good position.

KEILAR: Maria, I know you're watching Virginia very carefully here.

[13:39:59]

This may be, S.E., the state where Democrats are more worried than in other states today. If things go well for Republicans, do you see Governor Youngkin jumping into the 2024 race?

CUPP: It would be very tight to do that right now. I know he has presidential ambitions. We all know that. He's made that pretty clear. I would imagine this go-round would be pretty tough.

But listen, that's not to say -- anything can happen. Trump is certainly leading the pack, but maybe Glenn Youngkin doesn't see anyone able to come up and catch him.

But I'm not sure I would take Virginia's successes tonight, if there are some for Republicans, as a complete mandate for Glenn Youngkin nationally. But we'll have to see. We'll have to see. There's a lot of implications from these races today.

KEILAR: So goes Virginia, so goes the country. I don't think we've heard that one. You're right.

S.E. Cupp --

(CROSSTALK)

CARDONA: There's still time.

KEILAR: S.E., thank you so much.

Maria, thank you so much as well.

CARDONA: Thanks, Brianna.

KEILAR: And be sure to join CNN for "ELECTION NIGHT IN AMERICA" and get a look at these key races and also key issues. Which party has the momentum?

Plus, hear real-time reactions from GOP presidential candidates. We have live coverage starting tonight at 6:00 Eastern.

We'll be right back.

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[13:46:02]

SANCHEZ: It's now been one month since that Hamas terror attack that ignited Israel's war in Gaza. The 1,400 lives taken remembered today in Tel Aviv with candles and prayers.

And Israeli Prime Minister Benjamin Netanyahu is now hinting of what is in the future for Gaza, which Israel has bombarded with thousands of strikes since October 7th.

More than 10,000 people have been killed in Gaza since Israel launched its offensive, according to officials. The Hamas-controlled health ministry in Gaza putting those figures up.

Netanyahu told ABC News yesterday that Israel will keep, quote, "overall security responsibility for Gaza after the war ends." And the prime minister said this just a short time ago.

(BEGIN VIDEO CLIP)

BENJAMIN NETANYAHU, ISRAELI PRIME MINISTER (through translation): A month ago, a war was forced on us by an extremely cruel enemy, an enemy who wanted to massacre us.

This enemy is going to be hit. It's going to be eliminated. We are going to eliminate its capabilities. Gaza is not going to be a threat on Israel anymore.

(END VIDEO CLIP)

SANCHEZ: CNN international diplomatic editor, Nic Robertson, is live for us in Sderot, Israel.

And, Nic, when Netanyahu talks about Israel having overall security responsibility for Gaza for an indefinite period, there's a strong connotation there.

NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR: There is. Which means going back to the days before Israel relinquished security control in Gaza. And the advice from the United States is not to go down that route

again.

The prime minister still seems to be speaking from a position that assumes that he can make good on the military tactics on the ground, that they can -- the IDF can completely crush Hamas.

And while the operations in some ways are going well for IDF, the casualty toll is not too high so far, it's not -- doesn't indicate that Hamas is even close to being crushed, that they are even close to taking out all the tunnel complexes and all the political and military leadership.

So the prime minister sort of postulating something here that actually hasn't come to pass.

But it would be a huge burden on Israel if it was going to assume the security responsibility and a responsibility for the Gaza Strip until another-- and the prime minister didn't give an indication of what another sort of Palestinian leadership could be stood up to fill that vacuum.

So at the moment, that's sort of looking a long ways over the horizon, not close to that horizon.

And I think one of the interesting things that we heard from the prime minister, speaking just a couple of minutes ago, is he said we're working around the clock on the diplomatic front to give the IDF enough time to be able to complete their missions.

I think this indicates that Prime Minister Netanyahu knows he's under a time pressure here from the United States and other countries that is going to preclude him and Israelis from being able to crush Hamas completely.

Because there isn't an infinite amount of time available. The high civilian death toll is causing the pressure and request for a humanitarian pause, which he seems to be perhaps hinting he is getting closer to.

But that diplomatic front to give the IDF enough time to do the job, that's really indicative of the prime minister hinting that time is limited.

SANCHEZ: Nic Robertson, thank you so much for that analysis.

[13:49:39]

Back here in the United States, at the Supreme Court, justices heard an argument on a gun case that could have a ripple effect across many other Second Amendment laws. We'll explain how in just a moment.

(COMMERCIAL BREAK)

SANCHEZ: A major guns rights battle is now in the hands of the Supreme Court. The justices hearing oral arguments today in a case that's going to test the conservative majority's view on gun rights.

The case involves a Texas man named Zackey Rahimi. He's challenging his conviction under a federal law that bars people who are subject to domestic violence restraining orders from possessing firearms.

Rahimi was issued a restraining order back in 2020 after a violent altercation with his girlfriend.

Let's bring in CNN's senior Supreme Court analyst, Joan Biskupic.

So, Joan, what can you tell us about today's arguments, how the justices are now responding?

JOAN BISKUPIC, CNN SENIOR SUPREME COURT ANALYST: Sure. It was a very spirited set of arguments.

Remember, this is the first time that they're looking at the Second Amendment gun rights and what kind of regulations governments can enact since their June 2022 decision that greatly expanded individual gun rights.

And said that any kind of regulation that's being challenged has to be able to be traced to an analog back to the 18th century when the Second Amendment was ratified.

So it's been a very confusing ruling for lower court judges, who aren't historians, to say what should be upheld and what shouldn't be.

And in this case, Mr. Rahimi's lawyer had a very hard time pressing his case. What he essentially said was that there should be some sort of match here, in the words of the government lawyer, "a dead ringer."

[13:55:07] And the justices were having none of that. I don't imagine that they're really going to back away from the 2022 case that said that you need to look to history and tradition from the 18th century, but they are not going to require a real match.

There are key questions here about whether, you know, judges can look at not just what regulations existed back in the 18th century but what other kinds of context were there.

And in this case, very important, domestic violence was not even an issue two centuries ago. So you know, there was never going to be a match.

And what the solicitor general of the United States said, defending this law, was all you have to do is look back and see laws in which people who were found to be dangerous were forbidden from having weapons, firearms. And that seemed to resonate with the justices.

Now, again, it's a little bit tough to get them to refine their decision from 2022 by this conservative majority, to pull back, on the reading involving history and tradition.

But I think we're definitely going to see some clarification. And I think what they'll do is open the door to ensuring that a wide swath of gun regulations are upheld down the road.

SANCHEZ: Yes. There was a really interesting moment, to your point, where the attorney for Rahimi had to acknowledge that he was a dangerous person.

BISKUPIC: Yes, the chief justice, Chief Justice John Roberts, at one point, said, is there any question here that your client isn't dangerous? And he, you know, fudged a bit but had to acknowledge it.

But he also said, you know, that that might not be the issue here, if you don't look at dangerousness, rather you look at it there, as I said, as the lawyer was arguing, a better match.

In fact, at one point, a line from his written brief got thrown at him in court. He had said there's not a similar ban that the government can look to from the time that the founders walked the earth.

And Justice Elena Kagan said, we have to use that as our standard?

SANCHEZ: Wow.

BISKUPIC: Looking back to see what was the understanding of the Second Amendment when the founders were walking the earth? Rather than more broadly thinking about comparisons here.

SANCHEZ: Yes.

Joan Biskupic, thanks so much for the update.

BISKUPIC: Sure.

SANCHEZ: Appreciate it.

So it is Election Day in America, and CNN is on the campaign trail. These are live pictures from Columbus, Ohio.

And we're going to check in with our reporters all over the country, all over the map, where important elections are taking place to figure out what today's vote could tell us about the 2024 presidential election.

Stay with CNN.

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