>> they'll do what's cheapest. >> correct. we want to be like you. we have a right to be like you. and we're going to do whatever we have to do to have energy in the cheapest way we can get it. and that's coal. >> find the full interview on our web site. tomorrow, coal country is the new tobacco. startling similarities tomorrow night right here at 78:00 eastern. >> thanks to you at home for joining us this hour. on the day of the arguments, on the day the case was heard in court, she was pretty sure that things had gone well. >> i think it went beautifully. i think the justices were gentle. if that's the word i want. they were direct. they asked all the right questions. i didn't feel any hostility or any sense of inferiority, you know, i felt very respected and

i think it's going to be good. >> she was right. she's an acute observer. it was good. the court ruled in her case. >> what do you think she's thinking right now? >> you did it, hon neil. >> now when we were waiting for the ruling? know. no. i prepared three speeches. i did not allow myself to assume we'd win. that's the truth. i thought we had every right to win. i thought our arguments were sound and everyone else's were insane, okay.

>> that was june 26th last year, the day the supreme court ruled. one of the cases they considered was about one state having a statewide ban on gay marriage. supreme court took that case and heard arguments on that case. but ultimately, they decided they wouldment rule on the merits of that california case. the issue was not properly before the court. and the second case they looked at for the same time was the case of phea and edie. they were a couple for 44 years. they were aged 75 and 77 when they finally got married in 2007. by that point, thea had advanced ms. she knew that she did not have a long time left. but she and edie wanted to be married. they were pretty sure of each other after 40 plus years. so even though they couldn't get

married here, they flew to canada and got married there. and because of an anti-gay law that had been signed in the 1990s, federal law did not recognize her as having a surviving spouse. under sfral law, that status was denied to them despite their legal marriage. the court sort of dodged the issue in the california case last summer. the case of edie and thea was very clearly decided. the court went their way. >> good evening gay couples across the country. while the justices did not suddenly make gay marriage the law of the land, they did strike down what's being called the most important ruling ever on gay rights.

>> the defechbsive marriage act known as doma. that law blocked the federal government from recognizing same-sex marriages depriving those cups of more than a thousand federal benefits that other married couples have. >> that was last summer. landmark supreme court ruling striking down the federal ban refusing legal recognition to same-sex couples. the obama justice department had decided that that federal ban, in their eyes, was unconstitutional. when it came up in court, they decided if the justice department won't defend that law, they would. and then a really interesting thing happened.

sdrieking on the law with the banned recognition of it. four justices voted against. among them was chief justice john roberts. he argued that this was very teeny tiny little ruling. very narrow ruling, he said. didn't really mean much of anything. really only applied to this one case. wouldn't have wide implications. justice skelea on the other hands, he said that was pull pucqey. he agreed with john roberts on the same side of that opinion. but justice skelea lamted in his all-caps exclamation points kind of way, that that ruling said that was going to mean gay marriage everywhere. the justice said that the majority ruling was nonsense.

he said legalistic argle bargle. legally, that's the word he ewesed. it turns out there is a hyphen between argle-bargle. so john roberts said i disagree with this ruling, but at least it's not going to have any wider implications. justice skelea said i disagree with this ruling and it's going to be the end of the world. the justice was right, it turns out, if your world is held up by legalized discrimination against married gay couples. since the edie windsor ruling last summer, what has followed is an almost enbroken streak of 40 straight rulings upholding equal marriage rights for same-sex couples and striking down state laws which ban the recognition of those rights. today, in a move that surprised basically everybody, the supreme

court decided to let the edie windsor case keep blazing that trail. the supreme court denied appeals from gay marriage cases in virginia, indiana, wisconsin, oklahoma, utah. all of those appeals were all turned down at once today, which means that lower court rulings in favor of same-sex marriage rights in all of those five states, today, instantly became the law of the land. in those five states and over the course of the next few days in six other states where those courts have jurisdiction, as well, gay marriage will be legal. once again, though, there is something weird on the losing side. according to the supreme court, you need five votes. you need five justices on your side. but it only takes four votes to decide to take the case. if they had the chance to over

turn, they had the chance to take the case to do it. the anti-gay marriage side could have taken those cases if they wanted to. why didn't they. it's a really consequential decision that they didn't. instead of 19 states and the district of columbia recognizing gay marriage which is true before the open of business today, by this time next week, it another else problemly going to be 30 states. now, they may not be able to win one of these cases today, but if the make-up of the court changes in the future, like said if a republican president is elected

in 2016 and he or she gets to put someone new on the court, then maybe they could take up one of these gay marriage appeals, overturn it and stop the whole thing in its tracks. yes, maybe they're all mack ya vel lee. maybe that is what they're doing. but the number of states in which gay people can legally get married went from 19 yesterday to 24 today and it will be 34 next week. if you had to bet, and you say when the ninth circuit rules on a case like this, they're going to add another five states. arizona, montana, you're up next. anybody hoping to run out the clock and get to a brighter, more anti-gay future on the supreme court, they're going to have to content with a country in which not just thousands, but tens of thou sapds of cups are legally maried. and undoing that through the courts, by some sweeping

anti-gay supreme court ruling in the future, that is a prospect of such daunting radicalism. it is hard to imagine it as fiction. today, they shook their county clerk's hand and said it was a pleasure suing you. they shook hands, he signed their marriage license and timmy and tony will be married in norfolk county, virginia. the day after oklahoma passed its constitutional amendment gaining gay marriage, sued their state for the right to get

married. it has been a ten-year battle to get married. they sued in 2004. today, they got their marriage license in tulsa county, oklahoma. in oklahoma, utah, virginia, indiana wisconsin, it happened today. in north carolina, south carolina, west virginia, colorado, kansas, wyoming, it is about to happen em mentally. >> 2016 it's going to turn back this tide. somewhere tonight, the justice is listening to opera really loud and saying it's all argle-bargle.

the decision today does not legalize rights in all 50 states. am i fairly describing what happened here? >> no, i believe it's perfect. >> let me ask you how you feel? obviously, your case was last summer. and that decision, seeing it effectively become almost the law of the land today, how did you feel about today's ruling? >> incredibly joyous. just incredibly joyous. i feel like this gor yous accident of history. we get stopped on the street all

of the time by young people saying, thank you or starting to cry. >> okay. >> when you look at that decision today, does that undercut? would you be happier if you have a 50 state ruling? >> you know, look. i'm a practical lawyer and i believe in results. soon, it will be 30 states and you're right about the ninth circuit. i think it will include the ninth circuit and i think it will include the sixth circuit, which will be another four. it will become inevitable, very, very soon. so whether it's by a sweeping

ruling which would have been great or by today's decision, which is also great, the reality the reality. and this country soon will know them as married people who just happen to be gay. >> when i was watching, i went back and looked at your comments. i was really struck. i didn't feel insulted. i didn't feel like it was essentially an undignified occasion. and i was struck by feeling that you were surprised by that. that you were surprised that your dignity had been protected in this proceeding. >> i disappointed everybody because they were saying what was the most important thing that happened that day? the most important thing was -- nancy pelossi was seated on the far right and she got up and

came over and introduced herself. and i was thrilled. >> so in the moment, it could be anything. >> robbie was incredible that day. and all the other thing, in previous things, i didn't really hear what robbie's answer is. i guess, then, because i had read the briefs, okay, i guess that's what she was answering. with the supreme court, i had been hearing things and i heard every word she said. she was so cool and knowing. you know, i thought my heart would burst. >> this has been a really contested strategy. i mean, there wasn't -- you guys were not part of a gay rights master plan where you were picked as the perfect -- and you were picked as the perfect attorney and there's some great coming together. there's a lot of contested ground over how this should be moved forward. now that it is moving forward

and we're seeing the law change in the most unexpected places of all, literally, wyoming, do you feel like this is a resill gent way forward or do you feel like there could be back draking. right now, the polling numbers have started to go down for the approval of same-sex marriage. >> there were 49% in utah last week, which is incredible. i completely agree with you. i don't think it's going backward. i think the decision toad virtually guarantees that it won't go backward. we're going to have the majority of americans in the majority of the united states living to be married. just like eddie and thea's marriage, that their marriage was the same as any couple who had been together for 40 years. most americans will realize that about their friends and neighbors. the supreme court is not going to unmarry anyone. once these people are married, they're going to be married and this will be the reality for everyone. gh that was the thing. looking a t your relationship,

more than 40 years together, had they been making a decision about whether or not you would be allowed to get married. but recognizing that you were, you were plainly mar i ared. not just legally, but you were plainly together. even they couldn't take that away from you. well, thank you both. congratewe lagtss. a huge day. really nice to have you here. >> thank you so much. >> civil rights icon eddie windsor and her attorney right here. with me. i know. it's my job. where he eel be right back. everything life throws my way. except for frown lines. those i'm throwing back. [ female announcer ] olay total effects. nourishing vitamins, and seven beautiful benefits in one. for younger-looking skin. so while your life may be ever-changing... ♪ ...your beautiful skin will stay beautiful. total effects from olay.

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clinics in texas are going to be basically out of business because of this new law. too much regulation. is that fair? why regulate on the abortion issue now until maybe the law -- maybe that will wait until the supreme court, you win a fight in the supreme court where you out law abortion all together. why restrict the business now in the state of texas. >> the fact of the matter is that we believe that a woman that's faced with unplanned pregnancy is faced with respect, counseling, whatever it is -- >> sometimes they're gone. they have to drive 2 or 300 miles for that compassion?

>> the issue is one thing. that's whether they're going to use taxpayer money to fund abortion. that's the one issue that i think separates this conversation. >> the issue of taxpayer funding for abortion actually has nothing at all to do with what chuck tall was just asking about there in texas. but that gymnastic, snarming evasion was just the best effort to stop talking about what the republican state government in texas just did. in the last year for which there's any data, which is 2011, there were 73,000 women in texas who had an abortion that year. these are the clinics in texas which a woman can get an abortion in 2011. then, last summer, republican governor rick perry signed a new law to shut down abortion clinics all over the state. as of last week, about 2 is clinics in the state of texas.

and then on thursday, a federal appeals court ruling closed in on 13 more. next to the anti-abortion legislation and signed by the republican texas governor, the 73,000 texas women who used to get abortions every year in that state now have roughly 80% fewer choice of where they can get that service. no clinics west or south of san anyone tone owe. nowhere in the whole, huge rio grande valley. if the same number of women want to get abortions, which, after all, is their legal right to do so. the last few remaining clinics in the state would have to stay open 365 days a year doing more than 25 abortions a day seven days a week in order to keep up with the demand. of course there won't be that kind of demand, though, right? not if the nearest legal clinic is 300 miles away.

>> overnight, 13 clinics were forced to stop providing abortion services immediately. the owner tells us now that dozens of women came to the clinic on friday, the day after the ruling. but they had to be told that they could not get the care that they were looking for that day. and there's really nowhere else to go. since the law has passed, that texas law has been expected to end up before the united states supreme court. today, the senate for reproductive rights took steps to make that happen. they asked essentially toe put that on hold until the case can

get a full hearing. >> nannancy, nice to see you. thanks for being here. >> well, texas is a big place. and this is a radical, radical change that has happened. do we have any parallel in history for a state closing off so much access to so many people? >> no, what we saw last thursday with the decision of the united states court of appeals is unprecedented. in the 40 years since rowe, there's been a lot of litigation, a lot of attempts to shut down access to abortion services. but we have never seen the effect of the law where you lose 80% of the clinics in a state. >> if the texas law stands, do you think it will become a model for what red states do in the country? >> it's already become a model.

we have laws like this in wisconsin and louisiana and alabama. it's been litigated in all of those states. they have nothing to do with hemt and safety. after a trial, they found that there is no medical necessity for these laws. that's why we've gone to the supreme court to try to get these medics back open. >> and is that -- forgive my ignorance on this, is that the ç basis of the legal path forward and have found that these are too restrictive and they interfere in a constitutionally protected right. therefore, the court should intervene.

is that the path? >> the path is that they should intervene. what the fifth circuit did was wrong. the facts here are clear. the impact is huge. >> in terms of what the impact is, 73,000 women in texas, in 2011, got an abortion in that state that year. what do you expect will happen materially to lose 80% of the clinics providing that service. >> you're going to see women crossing the border into mexico to buy drugs on the black market. you're going to see women decide

that they can't get the abortion that they feel they they need to have. they're going to take the time off from wrork and the money to drive that 500 miles round trip. but what you're going to see for sure, the state of texas, unless the supreme court steps in, the state of texas has been allowed to let the politicians there for absolutely no good reason, cut off action to abortion services. >> in toermings of the court's response, you're obviously asking the court for emergency intervention here. when do you expect an answer? >> we don't know. but what we know is women are being hurt in texas right now. and we need the court to step in. >> ahead on the interview tonight, we've got the dallas official who is charged with handling america's first-ever ebola case.

and he's doing so with remarkable personal involvement in the herb shoe. he's here for the interview. stay with us. g?góéj÷ç÷ç

go long. this was the scene outside clay jenkins' house in dallas county texas this summer. he's the top elected official in dallas county. by title he's the dallas county judge. this summer he announced the county of dallas -- excuse me, dallas county would shelter unaccompanied minors who crossed

the border. he said dallas county would welcome all children. once he said that, the protesters showed up outside the judge's house. clay jenkins has been at the heart of the response of the first diagnosis of ebola in this country which also happened in dallas, texas. friday he showed up at the apartment where the ebola patient stayed. the judge personally drove the man's family. he moved them to a house he'd helped find. just like in the bible, there needed to be room in the inn for these folks in their time of need. i don't know how that looks to you. this is one perspective. the headline at brighthart.com. naive liberal texas judge enters ebola apartment without protection. or this one. liberal judge drives ebola exposed family. attends presser wearing same shirt. the same shirt!

scandal. that judge from dallas county, the one with the protesters outside of his house scandalized in the virologic ignorance about his shirt. he's leading the response to this first ever u.s.-diagnosed case in dallas and he's our guest tonight for the view. our "name your price" tool helps -- oh, jamie, you got a little something on the back of your shoe there. a price tag! danger! price tag alert! oh. hey, guys. price tag alert! is this normal? well, progressive is a price tag free zone. we let you tell us what you want to pay, and we help you find options to fit your budget. where are they taking him? i don't know. this seems excessive! decontamination in progress. i don't want to tell you guys your job, but...

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stay with us. this is week two of the texas state fair which has been held almost every year in dallas since 1886. over the past few decades, fairgoers have been greeted by this handsome fellow, big tex. he is 55 feet tall and bellows greetings like, howdy, folks, to everybody at the fair. welcome to the state fair of texas. this year he's also the bearer of an important health warning. >> remember, always wash your hands before eating. >> thanks, tex. >> also a helpful reminder. but dallas has the special circumstance right now of being home to the first diagnosed case

of ebola in the united states. and i have to be said that is not always bringing out the best in people around the country. one texas congressman who has voted more than 30 times to repeal obamacare now says we need to start using obamacare to fight ebola. remember that whole time when there was a big right wing freak out after president obama was elected about czars. the right decided it was a huge scandal for the president to appoint anyone to be the czar of anything. now the georgia republican congressman who introduced the anti-czar bill in 2009 now says, you know, we really ought to pick a czar to fight ebola. two other co-sponsors of the no more czars bill today also called for a czar to fight ebola. even though again, they don't believe in czars. so the first ebola case in the united states, it may be just one case but it is causing an odd outbreak of some strange

politics in some quarters. in other quarters, the closer you get to the actual crisis, you are getting an outbreak of a different kind of politics. politics of pragmatism. in some cases, remarkable personal commitment from the officials on the front line. officials are monitoring 48 people who they say have had some contact with the first person to be diagnosed with ebola in this country. they had contact with him after he started to feel symptoms on september 24th. they are closely watching ten people specifically, including four people who lived in the apartment where this man was staying when he fell ill. ebola is only contagious if the person who has it is also exhibiting symptoms. an exposed person typically starts to show symptoms eight to ten days after contracting the virus. so far, not one of the people who health officials are watching has begun to feel symptoms of ebola. but today i should say marks exactly eight days since the initial patient was admitted to texas presbyterian hospital and put into isolation. on friday, decontamination workers started cleaning the

apartment where the first patient had been staying. as of noon local time today, local officials said that cleaning was complete. workers in hazmat loaded up barrels of material that contained everything potentially in contact with the man's bodily fluids like bed sheets and mattresses he slept on. dallas county judge clay jenkins is the top administrative official in dallas county. he's been leading the county's response on the ground. judge jenkins, you might remember from earlier this summer when he announced dallas county would take responsibility for housing kids from central america who crossed the border into texas in such huge numbers this summer. >> the politics of this is that there are no politics of this. this is about children. it need not be partisan. it need not be political. it need not be shrill and hateful. these are not others. these are children. >> judge jenkins made that case

over and over the summer that we had a moral obligation. dallas county had a moral obligation to house those kids coming across the border and have nobody to take care of them. now that his county is the first in the nation to deal with this new problem, he's handling it in exactly the way you'd think. he's handling it with unapologetic compassion, specifically concerning the way dallas county is treating not just this first patient thomas eric duncan but his relatives who were confined to that apartment where mr. duncan fell ill just two weeks ago. watch. >> those people in the apartment are part of dallas county. and they are going to be treated with the utmost respect and dignity in this unusual situation. >> i am concerned for this family. i want to see this family treated as my -- as i would want

to see my own family treated if i were incapacitated in a hospital. we have moved the family to an appropriate location, sort of a location that would be acceptable for my family, for mike rawlings family or your family to be in. >> on thursday, judge jenkins entered the apartment where this first patient had been staying and he met with the family living there and ordered to be confined there. judge jenkins wore his regular clothes into the apartment. the following day he personally drove the family to a new home where they could stay temporarily. a home he personally found through the faith-based community in dallas. >> so my first call of the day was to a faith friend, and i told my faith friend, there's no room at the inn and we need your

help. and mike called that same faith friend and that faith friend was able to find something that is suitable and secure and safe for this family. what i told louise last night is i don't want to see you treated any differently than how i'd want you to treat me and my family if i were the man in presbyterian hospital fighting for my life and my family were afraid that they might have contracted the disease and also worried about me. so the community stepped up like they did with the refugee situation. >> judge jenkins has been a very, very, very busy man this week. again and again and again, what he has been modeling is a form of leadership that is obviously very calm but also pragmatic and personal in the face of a lot of fear from a lot of other people. joining us tonight for the interview is dallas county judge clay jenkins who has been leading dallas county's emergency response to the first diagnosis of ebola in the united states. thank you for being with us. welcome back. >> hi, rachel. nice to be with you.

>> so what have been your greatest challenges? i've seen you put one foot in front of the other. i've seen you be deliberately, ostentatiously calm when a lot of other people are very excited and worried at a time like this. what has been hardest for you? >> i think the hardest thing is just to try to make sure that everyone in this from the people that are being monitored to the people that are afraid, everyone in our community is being treated with respect and is getting the information that they need to know that we're doing everything in our power to keep their family safe. and we are -- there were a lot of challenges when i took over this incident command, but everyone has worked really hard. i'm proud offer team. and we're making steady progress and, you know, every 15 minutes,

you -- we're a little closer to being to the end of this outbreak -- it's not an outbreak. this situation. >> in terms of the way that your actions have been received and the way that dallas has handled the worry over this patient, this man's diagnosis, do you feel like it's starting to sink in that the public education is working in terms of the fact that people aren't going to be contagious unless they've got symptoms that somebody who has been exposed shouldn't be seen as a carrier or vector of the disease? you've been very articulate and sort of insistent about those details. do you find as you're going through this day-to-day that more people understand those basic facts about what ebola is? >> i think so. this is not a new disease but it's new to dallas county and to america.

the cdc and the national institute of health has been involved in every ebola outbreak or case since it was discovered in 1976. the science is clear, and i'm relying on the science. it's important to have repetition in our messaging to people so they understand what is happening with the science and then i think a picture is worth a thousand words. to carry louise without any gear on because she's a person. i felt safe to do so and i wanted to know i saw her and the three young men as my equals and as people who needed help and i wanted to help them. but i also knew our citizens would see that and know that the words that we were saying were true words and they could tell that because we weren't dressed like spacemen. >> i have to ask about the initial response. it seems like you've been clear about what the risks are and what the risks aren't about this disease. it seems like you've been able to make yourself available on a daily basis to local press as

have other dallas officials and mayor and health officials. but it took a very long time to get that apartment cleaned up, the hazardous material and potentially hazardous material in there cleaned up, to get the family moved into better accommodations. why were there delays around some of those basic needs of the people who definitely had been exposed to mr. duncan when he was ill? >> it took too long. we've got to streamline this process and this is a teaching moment for the united states. as i've said, the place where she's saying there was no room for me at the end. the apartment owner, every rent house, every housing. the fear kept anyone from agreeing to allow them to move there. and then the permitting process and the uncertainty about how things can be disposed of between the various agencies led

to longer than i wanted for the cleanup. so it was important to me, the night before louise and the three young men and i moved, went over to see her with some -- with an epi team from the cdc and dallas county and told her on behalf of all government agencies that i wasn't happy with her living conditions and that we wanted to treat her the way that we would want to be treated in that situation and pledge to her that i would get her and those three young men out of there and luckily, we were able to do that. unfortunately it took nearly 24 hours, but we were able to get them to a great location. >> dallas county judge clay jenkins. the response that you are leading in dallas county, you and the mayor there and the other local officials there will be studied for a long time in terms of what went right and what went right and the way you handled your leadership responsibilities when america

dealt with this for the first time ever. thanks for helping us understand how you got through it. >> rachel, thank you very much. >> dallas county judge clay jenkins.

programming note. she's been called the soul of the democratic party and the

scourge of wall street. she has said she will not run for president but it is hard to find another democrat who has as much real power on the campaign trail as she does. she was in oregon today helping incumbent senator jeff merkley. she's going to wisconsin to help mary burkes try to beat scott walker there. but tomorrow night, she will be here. joining us live on this show. democratic senator elizabeth warren of massachusetts is the interview tomorrow night. i told you it was a programming note. elizabeth warren here live tomorrow. coming up here next, it's the worst ten-year anniversary ever, and the worst possible way to celebrate it. do it with me next. ifyou may be muddlingble withrough allergies.nger... try zyrtec® for powerful allergy relief. and zyrtec® is different than claritin. because it starts working faster

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>> there are no weapons of mass destruction in iraq, and there haven't been for a long time. that's not a campaign charge from senator john kerry. that's the conclusion of the administration's own weapons inspector in a voluminous report and personal testimony today. he said that saddam hussein has not produced wmds since 1991, the end of the first gulf war. he did say that saddam was eager to get back into the wmd business, but his report today flatly contradicts the president's primary reason for going to war against iraq and the intelligence that led him to that decision. >> that was ten years ago today. we get the very politically inconvenient report that everything the bush administration had told us about why they wanted to, needed to start a war in iraq was wrong. charles dulfur led the hunt for iraq's supposed weapons of mass destruction in iraq after the u.s. invasion and he did not find those supposed weapons because those supposed weapons were not there. or were they?

they still exist on the right. a dead-ender fringe who believe that saddam hussein really did have weapons of mass destruction. he must have. george bush couldn't have been wrong about that. i say it's a dead-ender fringe because even president bush had to admit that he was wrong about that. >> now look, part of the reason we went into iraq was -- the main reason we went into iraq at the time was we thought he had weapons of mass destruction. turns out he didn't. even george w. bush had to admit he was wrong. iraq did not have them. but today on the ten-year anniversary of that being proven in the official u.s. government report on that subject, today, have you met the republican u.s. senate candidate from iowa? her name is joanie ernst for the u.s. senate seat in iowa. and joanie ernst in addition to

many other amazing things, she says she has secret information that, in fact, saddam did have the weapons. she knows personally. somehow. >> i have reason to believe there was weapons of mass destruction in iraq. >> what does that reason -- >> i will tell you my husband served in saudi arabia as an army central command sergeant major for a year. and that's a hot-button topic in that area. >> it is a hot-button -- we are four weeks out from the elections this year. it is ten years today since our own government officially admitted the whole wmds thing about iraq was a lie. it's not like an accusation that it was a lie. it's a lie. it was admitted it was a lie. but it's not such a big lie that it keeps you out of the running for a united states senate seat in 2014.

i guess. really, iowa? not a problem? happy anniversary, worst anniversary ever. that does it for us tonight. we'll see you again tomorrow night. good tuesday morning. right now on "first look," experts say the case of ebola grows around the globe. the man is accused of joining isis. a huge pay day for boxer floyd playweather. he claims he won a million-and-a-half dollar bet. plus, it's been a rough week already for people riding in hot air balloons. the french take the eiffel howe to you tore the next level. and jeb bush, is he running in 2016? we start with the ebillion la outbreak. the first case contracted outside of africa a. nurse