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All In With Chris Hayes, Tuesday, July 9, 2013

Read the transcript from the Tuesday show

July 9, 2013
Guests: Linda Sanchez, Larry Cohen, Sherrod Brown, Jeff Merkley, Joann
Watson, Janet Colm, Jordan Goldberg

CHRIS HAYES, HOST: Good evening, from New York. I`m Chris Hayes. Thank
you for joining us.

And tonight, on ALL IN:

The Republicans` all-out war on abortion rights is raging on, spreading to
statehouses across the country and each fight seems dirtier than the last.
We will take you to Texas and North Carolina.

Also, an American city -- a great, iconic, truly American city -- is
tonight on the verge of total financial collapse. What can be done for the
city of Detroit?

Plus, tonight, we will introduce you, and this is really a fun one, to the
Southern Avenger. A wild and wacky character who thinks poor John Wilkes
Booth was just misunderstood and happens to work for a United States

That is coming up.

But, first tonight, Democrats have said enough and are calling attention to
one of the most outrageous acts of GOP obstructionism which is, of course,
saying a lot given the stiff competition in the category of outrageous acts
of GOP obstruction.

By refusing to confirm the president`s nominees, Republicans have
effectively shut down the supreme court of labor law in this country, the
National Labor Relations Board. And today, 201 House members sent a letter
to Senator Mitch McConnell demanding that the filibuster of NLRB
nominations come to an end.


REP. LINDA SANCHEZ (D), CALIFORNIA: Without the NLRB, 80 million private
sector workers will have nowhere to turn for legal protection. Hardworking
Americans deserve better than Mitch McConnell`s political stunts.

REP. JOE COURTNEY (D), CONNECTICUT: A pillar of American justice is if you
don`t have a remedy, then you don`t have meaningful rights.

REP. MARK POCAN (D), WISCONSIN: Our Republican colleagues treat labor
rights as toxic. They`re wrong.


HAYES: If you don`t have a remedy, you don`t have meaningful rights. The
supreme court of labor law, the NLRB has been inoperable for a year and a
half. It`s really astounding. I mean, think about just turning off the
Supreme Court for a year and a half. All those big decisions that came
down the last few weeks, all the consequences for people seeking redress,
gone, shuttered.

And there are real consequences the NLRB. It oversees all kinds of cases.
If your boss illegally withholds wages or benefits, if your boss fires you
for a Facebook post about safety or salary in the workplace, if your boss
fires for you trying to organize fellow workers, all those disputes would
work their way through to the NLRB.

There are a wide range of actions both by you and your boss which come
under the umbrella of its protection. If the NLRB isn`t there to tell your
boss that he can`t do that, well, then, your boss can pretty much do as he

Keep in mind: the nominations to the five-person NLRB are made by the
president. The NLRB has been effectively shut down because of an amazing
two-pronged assault by conservatives in two different branches.

OK. First, Senate Republicans refuse to confirm anyone. They`ve been
filibustering every nominee from the president, which then forces the
president to make recess appointments so that the board had enough members
to actually function and issue decisions. Ah-ha!

But, then, three Republican-appointed judges on the U.S. Court of Appeals
for the District of Columbia said those recess appointments are

And the Supreme Court has now agreed to take the case on appeal this fall.

But until they do or until Mitch McConnell actually allows the president`s
full package of five nominees, including two Republicans, two Republicans,
the president is nominating the Republicans won`t let it for a vote. Until
Mitch McConnell gives them a vote, the NLRB is in limbo.

Now, why would anyone want the NLRB to be in limbo? Well, big business
wants nothing more than for the NLRB to not issue decisions, and
conservatives want nothing more than to just quietly destroy and render
permanently inoperable the government body that oversees labor law.

They want to make it disappear without anyone noticing. And so far,
they`ve been able to do that.

Today, at that news conference, those lawmakers featured workers whose
lives are in limbo because the NLRB decisions affecting them are just out
to lunch.

Here`s Kathleen Von Eitzen, a baker at Panera Bread in Battle Creek,
Michigan, who works the night shift, describing the process of trying to
organize her fellow workers.


KATHLEEN VON EITZEN, BAKER, PANERA BREAD: We had to attend closed captive
meetings where the boss, a good Christian, decided that we didn`t need a
union because he would take care of us. During this process, we heard
about how we would have open talks, we heard about how they would take care
of us and then they started their terror campaign.


HAYES: In March of 2012, those workers formed a union. But the company
refused to negotiate a contract with them. And, eventually, the NLRB found
the company`s actions violated labor law. But that decision was issued by
a board with recess appointees.

And the D.C. court has cast all of those decisions, all of them issued by
the board that featured those recess appointees who were only appointed
because Republicans refused to confirm anyone else. The D.C. court has
cast all of those into legal limbo, meaning Kathleen and millions of other
workers are out of luck.

Joining me now is Congresswoman Linda Sanchez, Democrat from California.
And, Larry Cohen, president of Communications Workers of America.

Congresswoman, I`ll begin with you.

Why now? Why did you send this letter today? Why did you hold this press
conference? What is different now? Is this a breaking point?

SANCHEZ: Well, we`ve just seen an incredible lack of cooperation between
the Republicans and the White House.

And this is just the prime example of how they are hurting American workers
and American families by obstructing the normal business of our government.
And I think this can`t be allowed to go on. It`s reached a point where
people`s lives are being ruined because of it.

There are workers similar to Kathleen who have been awarded back-pay and
reinstatement in their jobs because of illegal things their employers were
doing. And all that is in limbo until we can get NLRB folks confirmed.

So we`ve just had enough. We want to apply the pressure. We want to let
minority leader McConnell know that the American public isn`t going to
stand and take this.

HAYES: Larry, if someone is -- if viewers are watching this right now and
the NLRB sounds like an abstract body and a fight over nominees and no one
knows the names of these nominees, who these people are, probably don`t
know this board exists or why it`s important -- what are the stakes for
just average workers? Why should I care that the NLRB has been rendered


First, you have 6 million workers like the employees at Panera Bread who
are involved trying to have a voice at work, being able to bargain with
their employers. There`s 6 million workers covered who have bargaining
rights by the board and by the regions of the board. Not just the board in
Washington. Those court decisions strike at all of the work of all of the

Secondly, you have on average 4,000 workers a year who don`t have a union,
who just bring up issues like you discussed at the top of the show. They
might have a discussion about our pay. Nothing about a union.

Two people talk about the pay. The employer decides, well, we don`t want
anyone talking about pay, you`re gone, or you`re disciplined.

Or workers at the jet propulsion lab -- a famous case where they discussed
surveillance on themselves via e-mail at the company. And they were
brought to the highest level of discipline at jet propulsion lab.

So, it`s really two categories. It`s people trying to have bargaining
rights, and the NLRB is really the floor that is now falling apart for
those 6 million workers. And it`s about just basic employee rights on the
job. There is no other agency that focuses on rights on the job.

HAYES: So, if you`re a worker --

COHEN: Whether it`s Panera Bread --

HAYES: If you`re a worker, this is basically, you`re a worker and
something is done to you that is not right and is possibly a violation of a
law, you are -- the cop that you call, the voice at the other end of the
line ultimately is going to be the NLRB. It will be Department of Labor,
it will work it`s way up.

And there is no one answering that phone right now. You don`t have anyone
to enforce whatever violations. It could be that your company is violating
the law and, Congresswoman, without the NLRB there to say so, that law
functionally does not exist.

SANCHEZ: Correct, because you don`t have a remedy. You have no forum in
which to have your case heard. And there`s a very famous quote that
justice delayed is justice denied. That`s essentially what`s happening.
It`s as if something really bad happened to you and you wanted to go to
court to have a judge hear it but they`re not willing to hire the judges.

So where do you go? You`re pretty much out of luck, right?

HAYES: Larry, part of what of this is so amazing is two of these
appointees that are appointed being nominated by the president are

I mean, you`ve been watching Republicans go after labor for a long time.
Is this the worst you`ve seen? Is this different?

COHEN: It`s getting worse every year. This is the worst we`ve seen.

And it`s, as you know, not just the labor. It`s not just labor
appointments. It`s environmental protection. It`s the Consumer Financial
Protection Bureau. It`s anything that`s about working people in this
country they go after.

They think that fairytale capitalism from the 18th century -- no
regulation, no agencies, that that`s the ideal. And even though they`re
the minority and the president was elected overwhelmingly, they believe, as
the minority, they can block the majority from acting.

HAYES: Congresswoman --

COHEN: That`s another (ph) problem.

HAYES: Congresswoman Linda Sanchez, and Larry Cohen from Communication
Workers of America -- thank you, both.

SANCHEZ: Thank you.

HAYES: As Larry Cohen was just saying, the blocking of NLRB nominations is
a sliver of Mitch McConnell`s full-spectrum assault on executive agencies
and boards that he just -- well, doesn`t care for. Rather than block
specific nominees because of who they are, the GOP minority is now blocking
nominees because of the position they are nominated for.

Richard Cordray is being blocked as director of Consumer Financial
Protection Bureau because Republicans and big business hate the agency.
They don`t have any particular feelings about Cordray, they just hate the

Gina McCarthy is being held up as director of the EPA, under the guise
she`s not sufficiently answered the 1,000 questions submitted to her by the
GOP as a delay tactic because the Republicans and big business, well, they
hate the EPA.

And Thomas Perez, President Obama`s nominee for labor secretary, is getting
similar treatment.

It`s now gotten to the point that behind the scenes, Senate Democrats are
preparing, this is real, I talked to someone on the Hill about this today,
they`re preparing to change filibuster, invoking the so-called nuclear
option to change Senate rules so that only a simple majority would be
required to confirm nominees for federal agencies` cabinet appointments.

Senate Democrats are, finally, at long last way, way, way overdue, coming
to a conclusion only a reasonable person can. The filibuster is a cancer
that is threatening to kill off not just the Senate, but the executives`
ability to do the routine daily functions of government.

Joining me now is Senator Jeff Merkley, Democrat from Oregon. And Senator
Sherrod Brown, Democrat from Ohio.

And, Senator Brown, I want to begin with you. This can all take on a
Groundhogs Day quality. Republicans are blocking nominees and people say,
well, both sides do it and when it was a Republican president, Democrats
blocked nominees.

But there`s something qualitatively different about blocking nominees, not
because you have an objection to the nominee, but because of the agency
they`re actually nominated to head, you don`t like that.

SEN. SHERROD BROWN (D), OHIO: Yes. First of all, Mitch McConnell`s the
only person that I know who thinks -- who I know that thinks Washington is
working just fine and he likes the way it`s working.

But take the point you just made. The Consumer Financial Bureau was set up
by Dodd/Frank under the law. This is the first time in Senate history,
ever, that one political party has blocked someone`s confirmation because
they don`t like the agency. Actually, it`s the second time. The first
time was when they did this with Cordray a couple years ago.

So, when he -- you know, they don`t object to him. They want to emasculate
the agency. McConnell said he wishes the consumer bureau didn`t exist.
Most of my Republican colleagues want to do Wall Street`s bidding and
emasculate or weaken the agency so it doesn`t have much authority. Then
they`ll confirm the director.

But if you set that precedent that you only confirm people when you like
the agency, we cannot really run a functional government in this country.
And that`s what`s especially insidious about what they`re doing.

HAYES: So, Senator Merkley, you`ve been leading the charge on filibuster
reform. And I start to feel like losing in a football, because I cheer you
on in the Democratic Caucus. And then, Harry Reid, well, we`re taking it
serious this time, we`re really serious -- we`re going to get tough, we`re
going to get serious.

And again and again and again, it doesn`t happen. There has been no
nuclear option. There has been no change of the rules.

Is something going to change now over this? What are you hearing? What
are you seeing in the caucus?

SEN. JEFF MERKLEY (D), OREGON: I think we`re ready for a major showdown
over nominations. The president has come in to our caucus and said, how
can I run an executive branch if I can`t get my folks up -- who are
nominated up for a vote?

And indeed, he`s absolutely right. The advice and consent clause of the
Constitution was set in a simple majority framework. Not a supermajority,
like advice and consent on treaties. The Founders warned against the evils
of a supermajority, creating dysfunction. And it simply doesn`t fit with
three equal branches of government that one branch and actually part of one
branch, the U.S. Senate, should be able to disable judiciary and the
executive branch.

HAYES: Well, 40 percent of half a branch, which I guess is 20 percent of a
branch, which is 1/3, so about 7 percent of the government once we sort of
put that all in. Just so folks are clear on this.

Senator Brown, do you worry -- I mean, are you ready as someone who has
been, I think, broadly supportive of filibuster reform but has not been one
of the most outspoken leaders of this like Senator Merkley and some others
-- are you ready to see this, to actually precipitate this confrontation
and go to the nuclear option, 51 votes to confirm appointees, even if that
means a Republican president in the future can use that precedent?

BROWN: Yes, I think whoever -- I`ve been ready to do that for a long time,
and I appreciate the work that Senator Merkley`s done and Senator Tom Udall
of New Mexico, who really led the charge on this. And Tom Harkin from Iowa
has been engaged, too.

And I think any president should have the ability to put people in place
for the -- at the pleasure of the president. These are not judges. That`s
a whole another issue.

But that people who are going to carry out the functions of the president
who was elected. President Obama won almost every swing state in the
country last time. He had an overwhelming margin, particularly in the
Electoral College. He should get the people in place whom he wants to --
unless there`s some problem with them.

They don`t ever argue these aren`t qualified people.

HAYES: Right, they`re not arguing on the merits. They`re just arguing
really they don`t like their philosophy or they don`t like the agency or
they don`t like some of the political decisions these people had made. But
all of them are very fine public servants. Rich Cordray, Perez, the
secretary, I hope secretary of labor.

The NLRB appointments who are particularly important because as Larry Cohen
said, if we don`t act by July 27th, a couple of weeks away, on the NLRB, it
means fundamentally there is no enforceable labor law as Congresswoman
Sanchez said on Labor Day.

And we have a strong vibrant middle class in this country because of
collective bargaining rights, cause workers have some power in the
workplace. And that agency will be emasculated and that power will be
undercut. And the middle class will continue its decline.

HAYES: Senator Jeff Merkley who will be back to talk to us more about
filibuster reform, because I have a sense this is going to play out in a
very high-stakes way over the next week, and, Senator Sherrod Brown, thank
you both, gentlemen.

MERKLEY: Thank you.

BROWN: Thanks.

HAYES: When we return, what happens when a major American city goes
bankrupt? We may be about find out.


HAYES: Last night, we told you about reported abuses at California state
prisons including the illegal sterilization of female inmates and years of
solitary confinement for inmates at Pelican Bay.

Today, we learned that an estimated 30,000 prison inmates began refusing
meals in the largest prison protest in state history. That protest is part
of a coordinated effort across the California prison system to end
indefinite solitary confinement. State correction officials will not
recognize the protest as a hunger strike until inmates have missed nine
consecutive meals.

We will continue to follow this story as it develops.


HAYES: The city of Detroit is poised to go under. That is not an

As early as this month, Detroit could become the largest city in the
country`s history to go bankrupt. Kevin Orr is the city`s emergency
financial manager, appointed by Michigan Republican Governor Rick Snyder.
He`s tasked with turning around Detroit`s money problems.

Orr was asked yesterday by "Detroit Free Press" whether the city would file
for bankruptcy within the month, and he said, quote, "To be honest with
you, this week, this week, is pretty crucial."

Detroit owes creditors between $16 billion and $18 billion and finds itself
in a position that anyone has ever found themselves in the quicksand of too
much debt can relate to. The city is fending off demands for higher
interest rates, has to decide whether to make the choice to default on some
of that debt and all the while is making brutally difficult triage
decisions on which spending to cut. It`s led Detroit Mayor David Bing to
cut city spending by $172 million a year since taking office in 2009.

And the less the city spends on basic services, the less people want to
live in Detroit. The city`s population has dropped by 25 percent since
2000. Around 30 percent of Detroit is vacant. These empty properties
occupy an area nearly the size of San Francisco.

According to "The Washington Post," property tax collections are down 20
percent in the last 50 years.

So, you can see the basic problem, the more the tax base shrink, the less
revenue the city has. The less revenue, the worse services, and the more
people leave.

Today, "The New York Times" had a really eye opening front-page story about
what all this means in real terms for the people of Detroit.

And let`s remember there are still 700,000 people living there. People in
Detroit can no longer count on even the most basic of city services. These
folks are planning for an existence in which police just stop shows up for

The Detroit police`s average response time for calls for the highest
priority crimes this year was 58 minutes, 58 minutes. Of all the sad,
unfortunate numbers that are defining Detroit today, that one may be the
most disturbing.

Joining me now is Joann Watson, a member of the Detroit City council,
former executive director of the Detroit NAACP.

And, Councilwoman, my first question for you, as someone who`s not in
Detroit, who`s been following the coverage of Detroit closely, are things
there as dire as they seem from the outside?

JOANN WATSON, DETROIT CITY COUNCIL: First of all, thank you very much for
having me, Chris Hayes, and I appreciate the opportunity to provide some
balance to the article that was in "The New York Times" today. Clearly,
there`s a fiscal crisis in this community that`s undeniable. The fact that
$139 million just in interest is owed to financial institutions, banks, and
$105 million in principle is something that must be renegotiated. That`s
what the leadership of the city has put before these financial groups.

We don`t want to spend that kind of money paying down debt when the
services are much more critical to the needs of our citizens.

But the most important crisis you should be aware of facing this city is
not fiscal. It`s constitutional. There is the appointed emergency manager
has removed the powers of the elected officials. So, not only in Detroit,
but for 52 percent of the black citizens in Michigan, there is no
representative leadership. There`s no elected leadership representing
their interests.

HAYES: So as you as an elected --

WATSON: And that was done -- the citizens, 2.3 million Michigan citizens
voted this past November, the same day we voted to re-elect President
Barack Obama, 2.3 million citizens repealed the emergency management law.

What did the Republicans do? They went to work in December during the lame
duck session, put it back in force lawlessly. And that is something that`s
not being mentioned. That the citizens who are --

HAYES: So you have an emergency manager now named Kevin Orr.


HAYES: He is the one who`s been quoted in the papers, he`s the one charged
now with the state, with trying to negotiate a fiscal solution for the

What is he doing now that you think, that you would be doing differently as
the autonomous city government of Detroit?

WATSON: One of the things that should be noticed is that the importance of
renegotiating the debt load is something that city council members, like
myself, talked about, urged to be put in place to remediate the city`s
finances. One of the things we need to do is make sure the people who owe
the city money, like the state of Michigan, which owes a ton, pay their

Can you imagine? The same state of Michigan, this Republican-led state,
governor and legislature, is refusing to pay its debt to the city of
Detroit. Can you imagine that?

HAYES: The state owes the city money?

WATSON: Yes. Yes. And the bill has been put before them.

They have publicly acknowledged, it`s been acknowledged on electronic and
print media that they owe. They refuse to pay, and they`re unashamedly
arrogant in that posture. We`re not going to pay. And you can`t make us

HAYES: Councilwoman, you`re talking about --

WATSON: But one of -- but one of the critical issues facing the city in
terms of the long-term needs of our residents, who clearly are the
priority, they must have services. They deserve it and we cannot have a
lack of public safety response, as you outlined in the earlier segment.

The -- we have a new police chief who just started five days who is
committed to lessening that response time and have a level of integrity and
principle, to make sure that public safety is the number one priority for
our city.

HAYES: That is not a job I would --

WATSON: All of us are committed to that.

HAYES: That is not a job I wish on my worst enemy, given the straits that
he finds himself.

Detroit City Councilmember JoAnn Watson, thank you so much.

WATSON: Thank you.

HAYES: OK. Don`t go away, because? You turn the channel now anyone
you`ll never know the true identity of the Southern Avenger.


HAYES: If I asked you, dear viewer, for your thoughts on this man, John
Wilkes Booth, my sense, my strong sense is that, well, you`d probably say
something like I would say, which is he`s a treasonist murderer who
committed one of the gravest crimes in the entire history of America. He
shot President Lincoln who, I think we can all probably agree, was one of
the good ones.

Well, that -- that view is not the opinion of the Southern Avenger. No.
The Southern Avenger who says he drinks a toast every yea to celebrate
Booth`s birthday believes that John Wilkes Booth`s, quote, "heart was in
the right place."

The only problem, you see, is he seems to have with the cold-blooded murder
of our 16th president was it turned Abraham Lincoln into a martyr which the
southern avenger regrets.

This man`s real name is Jack Hunter. He goes by the name of southern
Avenger and was a radio show host in South Carolina from 1999 until last
year. These are not his only controversial statements. This is his whole
world view as far as we can tell. His entire profile is all archived on
his Web site,

Here is his signature confederate flag Lucha Libre (ph) mask pictured here
with the Bush twins. Here`s the 2004 post titled "black and white pride"
where he equates the KKK and NAACP and writes the quote "the groups in
power today seek nothing less than the ultimate destruction of the
traditional identity of southern whites who in turn have no voice and
receive no respect so it shouldn`t come as a shock that flag-waving
southerners are really pissed off."

Here`s a 2004 piece titled "are white people out of style?" or he writes
that quote "not only are whites not afforded the same right to celebrate
their own cultural identity, but anything that is considered too white is
immediately suspect" and quote "the term diversity has become nothing more
than a code word for not white and it`s a shame just because we have fair
skin we`re always denied fair treatment."

OK. So the country is filled with people like this. I mean, maybe not
quite like this. But why am I telling you, you ask, about this particular
character, Jack Hunter, the southern avenger? Well, because of the man he
works for. Senator Rand Paul of Kentucky. Oh, yes, he does.

See, Jack Hunter co-wrote Rand Paul`s 2011 book "the tea party goes to
Washington." He has even thanked in the book`s acknowledgements for his
indispensable writing talent. He now serves as Rand Paul`s new media
director, right now.

And the reason we know so much about Jack Hunter today of all days is
because in an article on the conservative news Web site "the free beacon"
linking to many of Hunter`s statements, a spokesperson for Rand Paul told
the site senator Paul holds his staff to a standard that includes treating
every individual with equal protection and respect without exception.

Hunter, for his part, told the "Free Beacon " that his views on race have
quote "changed dramatically." Sentiments he echoed in an April piece in
the "American conservative." And there are things Rand Paul says once in a
while I agree with. Some stances he`s taken I find downright praise
worthy. And there are a lot of things that Rand Paul says that I find
absolutely loathsome.

But, in the final analysis, there are certain thing, certain views that
just put you outside of the boundaries of being listened to on anything. I
would say white supremacy is one of those. And association with people
that hold those views or endorsements of feature of those views, well, they
render you unfit. Even if you take the most charitable view possible that,
say, you get three white supremacist strikes, Rand Paul`s in trouble.

Strike one was in 2009 when Rand Paul`s Senate campaign spokesperson was
forced to resign over a horribly racist comment in historical image of a
lynching, I`m not making that up, posted by a friend on his My Space wall
on Martin Luther King weekend and allowed to remain for almost two years.

Rand Paul then went on the "Rachel Maddow Show" saying he didn`t enough
like the civil rights act. That was strike two. And now, this. Southern
avenger on the senator`s staff.

Well, I`m sorry, Rand Paul. That`s three racist strikes. You`re out.

We will be right back wit with click3.


HAYES: Former presidential candidate Mike Huckabee stood in front of the
Texas capital building and compared abortion to slavery. The fight over
women`s reproductive rights is getting more intense in Texas and it`s a
fight that`s spreading quickly across the country. That`s coming up.

But first, I want to share the three awesomest (ph) things on the internet
today. Beginning with one man`s quest to save time and characters. Meet
Paul Mathis. Mathis has invested time and approximate $75,000 Australian
dollars to create a new letter of alphabet. And here it is. This is meant
to symbolize the word "the." Mathis created it as a way to save people
time while texting. Now, you can communicate the most used word in English
language through a simple key stroke instead of the more laborious time
consuming t-h-e. The symbol`s value rises in the context of twitter saving
users two pressure characters. As BuzzFeed points out the Aussie
restaurant has also developed an app that puts the 27th letter on your
keyboard. Why stop at 27? Here are a few other suggestions. Here`s a
symbol for the word "of." Here`s a symbol for the word "that." Here`s a
symbol for "Yolo." Get on it.

The second awesomest (ph) thing on the Internet today, paying it forward
through a brother`s love. Seth Collins is on a mission to honor his
brother, Aaron. Aaron died shortly after his 30th birthday. But he left
behind one final request to leave a hardworking server a really awesome
tip. I don`t mean 25 percent, I mean, but $500 for a pizza, Aaron wrote.
(INAUDIBLE) reports, Seth could feel his brother`s wish last year, handing
500 bucks to an unsuspecting waitress at a pizzeria in Lexington, Kentucky,
and posted it on You Tube. He felt so good, Seth and his family wanted to
keep it going. And after the video went viral, donations to the project
started coming in, $60,000 so far. Seth is now traveling across the U.S.
making sure servers in all 50 states get a great tip in honor of Aaron.

Take a look at this latest surprise in Indianapolis.


year, my little brother passed away, Aaron, and his last wish in his will
was that we go out to dinner and leave a waiter or waitress an awesome tip
and this is $500. It`s for you. You`re welcome. You`re welcome.


HAYES: I seriously love watching these videos. And it`s a great reminder,
also that as long as we have the semi-feudal institution of tipping in this
country, always err on the side of generosity.

And the third awesomest (ph) thing on the Internet today, the new front in
the battle for gender equality in the convention at Seneca falls to the
botchy (ph) ball courts the Green Park (ph), Brooklyn. As "the New York
Times" discovers one man`s plan to allow women to join the Marine Parsacci
(ph) club is not going over too well with some of its members.
Traditionally, the club has been a refuge of elderly males and 69-year-old
Ronny Cohen wants to keep it that way. I`m not saying women are inferior
but they`re inferior players. 65-year-old Ralph Warrior (ph) says in
meeting women would prevent him from being his authentic itself. I want to
play comfortable, I want to be able to scratch myself, curse and play like
the barbarian I am.

If you are not sure of who will win this battle of the ball, but as John
(INAUDIBLE) wisely points out, women won the last co-ed tournament. They
hate me over here because I`m sticking with the ladies. Given the
trajectory of the last five decades in American life, I`m pretty certain
the botchy (ph) glass ceiling will crack and poor Ralph will have to
scratch himself in private. God bless feminism.

You can find all the links for tonight`s #click3 on my Web site,

We will be right back.


HAYES: The battle over abortion rights rages on in the states today. In
Texas, Republicans, in Texas, Republicans continue to move forward with a
bill designed to shut down most of the abortion clinics in the state which
in turn continues to draw demonstrators from both sides of the fight to the
state capitol grounds including state senator Wendy Davis, star of last
month`s successful filibuster of the antiabortion bill who helped kick off
a statewide bus tour sponsored by plan the parenthood today.

While former Arkansas governor Mike Huckabee showed up to rally the
antiabortion crowd during an event last night. And former Pennsylvania
senator Rick Santorum who you might remember tried briefly to run for
president on a birth control is not OK platform, announced today he will be
parachuting into Texas to lend his support later this week.

The Texas bill which also bans abortions after 20 weeks got a hearing in
the statehouse today. During which Republicans spent the day essentially
rejecting potential amendments including from within their own party.

State rep Sarah Davis was the only house Republican to vote against the
bill in the last special session. She offered an amendment today to keep
the ban on abortions after 20 weeks with exceptions for the life and health
of the woman, rape and incest victims and severe fetal abnormality. She
wanted to ditch all the deliberately burdensome regulations designed to
shut down clinic she is pretty sure they`re unconstitutional.


STATE REP. SARAH DAVIS, TEXAS: No one wants to see abortion. It is a
horrible way to end a pregnancy, but it is a constitutionally protected
right. I would ask that you put policy over politics. This debate is not
about anyone`s primary. This is about passing legislation that protects
women and the rights of the unborn in a responsible and constitutional way.


HAYES: Now, clearly this is still a strongly anti-abortion position, a
very likely still unconstitutional in one of that. Apparently, not
unconstitutional enough for her Republican colleagues because they
summarily ignored Sarah Davis` amendment and pressed forward with the bill
which is seen as all but certain to pass and to be signed into law by Rick
Perry before the end of the month. No matter how many people protest or
try to sheer -- cheer it of its most radical provisions.

Meanwhile, Republicans in North Carolina are working on their own plan to
shut down abortion clinics using excessive red tape. The house committee
heard testimony on a bill today that would likely force most of the state`s
clinics to close their doors under the weight of burdensome targeted new
regulations. That measure has already passed the state Senate after
Republicans snuck it into a bill banning Sharia law in North Carolina last

Today, a crowd gathered outside the statehouse to protest the bill as it
moves forward. This after thousands of people turned out to protest the
bill last night during the now regular moral Monday protests that have
sprung up in response to the Republican majority`s radical rightward march
this session.

Last night`s rally drew 2,000 protesters, according to police estimates,
and 64 protesters who refused to leave the legislative chambers were
arrested. That includes Janet Colm, the president and CEO of planned
parenthood of central North Carolina, seen here being led away with her
hands behind her back.

And fresh from her arrest, Janet Colm, president and CEO of planned
parenthood of central North Carolina, joins me now.

Janet, why did you decide to get arrested last night in.

think it was a combination of several things, Chris. And first, thank you
very much for having on the show.

I think there were three big things for me. First was obviously the
attacks against women`s health that are coming out of this legislature.
More and more -- we`ve got more and more concerned about the extent of
these restrictions. And obviously, in my belief system and the things that
are hold dear, that`s reason enough to protest.

The second reason is I just feel like my state has been hijacked by people
that I really, really disagree with, and that I believe most North
Carolinians disagree with. I`ve lived here 40 years. I love this state
and I just don`t recognize it anymore.

And the third reason is increasingly over the last week since we`ve been
fighting these bills. I`ve been so awestruck at the number of younger
people who are coming out to support our position. And I just felt like if
there is anything I can do to spur them on and to show the Republican
leadership that they are on the wrong side of this that I was willing to do

HAYES: We have been following North Carolina. We have been following
moral Monday, and it`s interesting to watch this convergence because it`s
almost like abortion politics are the black hole of Republican base
politics particularly in the states. Everything gets sucked into abortion
politics because that`s really where the energy of the base is. And did
you figure it was only a matter of time until this very right-wing
Republican majority in your state came after abortion rights?

COLM: Well, I think we have known all along that abortion rights were on
the chopping block. I mean, this is something they`ve been pursuing for
years and years. The difference is that right now they`re in a position of
power. I mean, they have gone after sex education. They have gone after
birth control. They have gone after prenatal care. They rejected Medicaid
expansion which cuts off health care under the affordable care act to half
a million North Carolinians. So, you know, it was clear to us that
abortion was going to be part of that agenda.

The other thing I think is really important, Chris, and Reverend Barber
with the NAACP has said this many times, that we cannot be divided on these
issues, and it`s really easy for abortion and civil rights and unemployment
and health care to seem segmented. But all these issues really hang
together, and as far as I`m concerned, they are all civil rights issues and
as far as I`m concerned, they`re all women`s issues.

HAYES: Though interesting thing to me, given how conservative the state
has given how aggressive the state GOP has been, it`s fascinating to me to
see governor Pat McCrory dancing a little bit about whether he`s going to
sign this thing if it comes to his desk. He said there`s a fine line
between safety measures and restrictions. I think parts of the bill
personally deal with safety and how to protect these women. I also see
there are parts of the bill that clearly cross that line and that could add
further restrictions to that access. I think that is where we need further
discussion and further debate. He had pledge not to sign new abortion
restrictions while running for governor.

What do you make of this? Can you guys -- do you, in North Carolina, see
an opportunity for an actual victory here?

COLM: Well, I think it`s way too early to declare victory. We know we`ve
got a really hard fight ahead of us. The thing I think is so encouraging
is people are just coming out of the woodwork. We have had thousands of
people over the last couple weeks come down to rally on these issues. You
know, we have turned out 600 pro-choice people in a matter of hours after
they snuck this bill into the Sharia law that you mentioned.

HAYES: Yes. It`s been amazing to watch. We`ve been watching the moral
Monday protest. We`ve been watching the bill. I was saying this morning
at our meeting the organizer down there is just lighting a small fire, just
every week blowing on it. It`s incredible to watch what`s happening.

Janet Colm from planned parenthood of central North Carolina. Thank you so

COLM: Thank you, Chris.

HAYES: When I come back, I`ll talk to someone who is waging this legal
fight across the country.



UNIDENTIFIED FEMALE: An abortion is much different than getting your
tonsils out or, you know --

UNIDENTIFIED FEMALE: In what sense is it different?

UNIDENTIFIED FEMALE: Well, it`s the only procedure, well, it`s only
procedure that when it is done there is a life that is taken. You can have
complications in that procedure and so the procedures are there to help
deal with some of those complications.

UNIDENTIFIED FEMALE: So you`re suggesting there`s more medical
complications with abortions than some of these other procedures that are
done in surgical centers?

UNIDENTIFIED FEMALE: I`m not advised to that.


HAYES: That is how debate was playing out today in Texas over a bill that
would likely shut down most of the state`s abortion clinics if it were
allowed to become law. It`s what`s known as a trap law, a bill full of
burdensome regulations and red tape targeted specifically at abortion
providers and designed to shut them down. The Texas trap law does the same
thing Mississippi famously tried to do last year endangering that state`s
only remaining clinic. Requires doctors who perform abortions to have
admitting privileges at a local hospital which sounds like a pretty
reasonable requirement as often billed by Republicans, as you just saw, as
safety issue for women.

Joining me now to explain why what sounds like a reasonable regulation is
really a trap is Jordan Goldberg, state advocacy council for the U.S. legal
program at the center for reproductive rights.

Great to have you here.

REPRODUCTIVE RIGHTS: Thank you for having me.

GOLDBERG: OK. So. It`s been fascinating to watch this play out in the
states. It seems like there`s two things happening, 20-week bans. This is
all the rage in antiabortion circles. We have got 20-week bans in a number
of states, 20-week ban part of Texas law. We`re hearing that Marco Rubio
will introduce a Senate version of 20-week ban to go with Trent Franks` of
Arizona 20-week ban in the house. So, that`s one.

But then, attached to the 20-week bans are these attacks on the clinics,
themselves. What does it mean to require a clinic to say, have, admitting
privileges? Why is that actually a trap? Why shouldn`t we think that`s a
perfectly reasonable thing to do?

GOLDBERG: Well, there are a couple of reasons why these are traps. TRAP,
targeted restriction of abortion provider sometimes we use it as an

The first one, we got to look at the motivation behind the law. Why would
you requires admitting for abortions and not for (INAUDIBLE) r something
else that`s done regularly every day in an outpatient clinic? Well,
because it`s not necessarily found medically necessary. So, you`re doing
it in order to make sure that abortion providers can`t continue to do

Abortion has one of the highest safety record of any surgical procedure in
the country. It has one of the lowest complication rates. It almost never
results in someone needing to two to the hospital. And admitting
privileges are as one of the sponsors in the Mississippi legislation said
really hard to get.

HAYES: Right.

GOLDBERG: For a variety of reasons. So, you pass one of these laws and
you shut down the clinic.

HAYES: There`s other ways in which -- there`s other kind of novel ways in
which states have come up with this, you know, having to register as an
ambulatory center to meet some kind of regulatory threshold.


HAYES: That`s what`s going on right now in a few states as well.

GOLDBERG: Right. So Texas and North Carolina are both considered
ambulatory surgical center requirements which up until a few years ago were
unheard of for abortion procedures. And the reason is they are simply not
necessary. Ambulatory surgical hospitals are hospitals. They`re where you
go if you have really complicated procedures. Abortion is a very simple
surgical --

HAYES: Asking abortions to meet a regulatory threshold as if they were

GOLDBERG: As if they were hospitals, yes.

HAYES: OK. So. there has been lawsuits against these kinds of laws. And
we have already seen there was a temporary restraining order issued by a
judge in Wisconsin yesterday, in its Wisconsin version of this law. We
have seen a federal judge temporarily enjoin the execution of a law in
Alabama that would do the same thing. What is the legal basis for
contesting this? Why does this violate the law?

GOLDBERG: Well, we have now seen three courts in the last several months
do this -- Mississippi, Alabama and Wisconsin. And there is all for the
same reason which is that the U.S. Supreme Court has said that a woman has
a right to choose to terminate a pregnancy prior to viability. That is her
personal privacy right under the 14th amendment. States can pass laws
regulating that. But what they can`t do is put a substantial obstacle in
front of women who are seeking the right to terminate.

HAYES: So, if you can come before the court and convince the court that
the intent of these laws is what they are plainly to anyone watching which
is essentially to shut down abortion clinics. As lieutenant Governor
Dewhurst in Texas, all the conceded by linking it to a tweet of planned
parenthood. If you could convince courts of that then you have a case that
violates the constitutional right the women have to have reproductive

GOLDBERG: Both of them has the purpose and that it would the effect. All
three of the courts have said, look, this is going to shut down the only
clinic in the state, three of the five clinics in the state, half the
clinics in the state making it so women have to travel hundreds of miles.

HAYES: The fight is not over if the Texas law passes for precisely the
reason you said. It will be, I`m sure, the first day challenged in court
and we are going to follow those cases.

Jordan Goldberg from the center of reproductive rights. Thank you. I
really learned a lot tonight.

GOLDBERG: Thank you.

HAYES: That`s "all in" for this evening. The "Rachel Maddow Show" starts
now with the one and only Rachel Maddow, who is back, looking tan and
dynamic and bright and well rested. And it is really wonderful to have you

incredible expectations.

HAYES: You`re glowing, you`re jumping off the screen.

MADDOW: Thank you very much.

HAYES: Great to have you back.

MADDOW: Thanks. Cheers. I feel a little embarrassed but in a nice way.
That`s very flattering.

All right. Thanks to you for joining us this hour. It`s not really a tan.
I`m just blushing.

All right, chances are, unless you are trying to promote your awesome band,
chances are you maybe do not visit the site My Space that much anymore.
Remember my space? This is what My Space looks like these days. They have
made it very fancy.



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