. >> you know, sonia sotomayor had to go through this when obama made her his first supreme court nominee in 2009. this is a woman who won the highest student award at princeton university and had been a federal judge for 17 years, longer than all but i think two or three other supreme court nominees and she faced the same kind of undercutting back biting. and i think as a country i would like to think that we are beyond that, maybe we're not. but, you know, it's high time. >> your recent editorial was titled "stephen breyer was the right justice for the wrong age, that his belief in the power and prestige was out of step for the age." expand what you meant. >> this is an idea that had been rattling in my head for a long time as i thought about his nearly 28-year career on the court. i mean, stephen breyer is a person of for one thing deep curiosity. he'll do his own research. when he asks questions from the bench, sometimes they're a little convoluted but he wants to make sure he's got the factual matter in mind before he delves into all the implications of the law and is out of step wit

in other pandemic news justice , sonia sotomayor has been listening to arguments and participating in debates remotely since some of her colleagues, including neil gorsuch, reportedly refuse to mask up. sotomayor has diabetes, putting her at increased risk if she contracts covid-19. the omicron-fueled surge is leading to tightened measures across some asian nations, with japan re-imposing curbs on restaurants and bars starting friday, as tokyo recorded its highest daily caseload today. and in the philippines, new data released by the government statistics office says the number of overall covid deaths could be around 105,000, double the health department's official death toll. the philippines has reported record-breaking daily case numbers this week. in hong kong, authorities started confiscating small animals from pet shops after announcing it would cull some -- that's kill some 2000 hamsters and other small mammals after a dozen of imported hamsters tested positive for covid-19. indian authorities say covid cases reached an eight-month high today, with over 280,000 new infections, t

sotomayor, who know how to write discents that make it clear to the public just what's happening at the court, at their court, at our court, and i think that's important. the ability to have that clarity and voice and dissenting voice when the fact of the matter is this new justice will not be changing the balance of power on the court. they're not going to be able to avoid dissenting. so i think it's important to have someone who's able to join sotomayor and kagan in that dissenting voice and speak with the clarity and power that they both have. >> nia, obviously when we've seen the short list floated out there, obviously president biden is looking at eminently qualified judges append the lik and he's said he wants to nominate a black woman, there's never been a black woman on the supreme court, and the fact that he wants the next justice to be a black woman is already causing the usual responses from the usual suspects. take a listen. >> i'm wondering the kind of justice that he would nominate. now, again, i'm sure it will be as guy said a black woman. he's got a dedication to tha

sonia sotomayor chose to appear remotely. there are restrictions in the court itself around testing and masking and things like that. do you see any irony the court considers it something of of a workplace safety issue to regulate the spread of covid in the place they are all are. >> i found irony in the fact that if you look at the omicron variant numbers the how high they are geing we are making a decision based on not having another safety protocol in place that would keep people safe, and the ruling comes down as the omicron variant spikes, as more people get sick, i think delta if i'm not mistaken, delta airlines announced that their employees vaccinated are getting some -- some symptoms from the omicron variant. but no severe illness and no deaths. and they talked prevaccine -- i think they were losing a person a week in that one company because of no vaccine. you think about that, the irony is that here we are during the week saying we have no right to do it. meanwhile decisions are made across america whether or not w

the npr story went viral, nina totenberg saying justice sonia sotomayor have been staying away from oral arguments because -- >> chief justice roberts understanding that in some form or other asked the other justices to mask up. they all did except gorsuch. >> anti-mask insanity has now reached the highest court in the land. >> you, neil gorsuch, are a rotten coworker. dangerous to be near during a pandemic. howard: but fox's shannon breem quoted someone as saying the story was wrong. howard: later, statements were issued denying totenberg's account. saying they were issuing a non-denial denial, but nf -- npr's editor says it requires a clarification, not a correction. seriously? >>> it's a big blow that directv is knocking yun network news off its -- one network news off its satellite especially since at&t chairman william kennard once headed the fcc under bill clinton. but the host, dan ball,s went way, way further. >> if you've got any dirt on mrt and put it on this program. you bring me concrete evidence of whatever it may be, cheating on his taxes, cheating on his wife, saying racia

sotomayor, who has diabetes [ audience boos you know gorsuch is the guy who touches every bagel before picking one. [ laughter ] you guys remember neil gorsuch he used to work for the law firm, rogan, hogan and facebook [ laughter ] hey, i saw a news anchor in mexico who looked like he finally hit his breaking point with people who won't get vaccinated check this out [ laughter ] [ cheers and applause ♪ >> jimmy: yes! you know that's how dr. fauci feels on the inside. [ laughter ] hey, i heard that today former new york city mayor bill de blasio announced that he's not running for governor of new york. he then -- [ applause ] [ laughter ] he then waited over ten minutes for someone to say, "aw. [ laughter ] yep, de blasio won't run for governor he said he wants to spend more time at home being booed by his family [ laughter ] did he really have to announce that i mean, he might as well have announced that he won't be performing at the super bowl halftime show. it's like, "yeah, we know. some business news here, apparently airlines are dealing with the ongoing pilot shortage by raisin

sonia sotomayor is there and there have been women, but i think is going to stick to that pledge, which narrows the field down to a few people. >> professor roy little with uc hastings law school says that if president biden does stick to that pledge, several names stand out. for example, one leading contender, california supreme court justice leondra kruger. >> i think we have a crew. there is absolutely fantastic. i think she would be great on the supreme court and i would applaud president biden if you were to nominate her. i think she would be confirmed. she is a moderate. she is not a a radical left. progressive type. she's a moderate democrat. she's got experience in front of the supreme court. she's obviously been on the california supreme court now for a number of years. so she'd be great. >> others on the shortlist. >> there are other nominees. there's a judge in dc who is also talented and has a lot of claim. and she clerked for justice briar. that particular judge judge ketanji jackson there's a judge in south carolina has been nominated for the appellate court down there has

for the first, justice sonia sotomayor pushed back on the use of the word mandate since employees have the option to test weekly and wear a mask. she along with justices breyer and kagan indicated that they support the requirements. >> more and more people are getting sick every day. this is the policy that is most geared to stopping all this. >> reporter: on the other hand, conservatives like chief justice john roberts questioned how much power such a sweeping requirement would give to the executive branch alone. >> i wonder if it's not fair for us to look at the court as a general periods exercise of power by the federal government and then ask the questions, well, why doesn't the congress have a say in this, and why doesn't this be the primary responsibility of the states. >> reporter: the five conservative justices seemed more receptive to a vaccine mandate for health care workers. one concerning takeaway for many were the false statements shared by justice sotomayor who phoned in to the hearing from her office. >> we have over 100,000 children, which we've never had before, in ser

and justice sonia sotomayor will shift the liberal wing and how they express themselves. >> the nominee obviously won't change the balance on the court. between picking a liberal or a centrist, what does the president have to weigh there? >> the president is going to be looking at a number of factors, but as kayla reported, he's already appointed a number of diverse candidates, more so than his predecessor. he's gotten 42 judges confirmed, including those with backgrounds as public defenders, which we see an overwhelming number of prosecutors as judges. one of the names at the top of his list, judge ketanji brown jackson would be a different type of voice in the room that is perhaps more liberal than centrist he's already demonstrated an interest in appointing those judges to the federal bench. he'll likely continue that trend with this pick. >> katy, anything can happen likely is this the only justice the president has an opportunity to nominate? >> i'll never say never when it comes to the supreme court i remember that valentine's day weekend in 2016, as i'm sure you did, when justice

it's not something sonia sotomayor has done. she is not willing to make those kinds of compromises. we will see if a more sharp elbow justice takes the seat. >> all right. mark and margaret, please stick around. kim, thank you for sticking with us tonight. >>> coming up anti-vaxxers were outraged after a boston hospital deny aid heart transto a man who isn't vaccinated against covid-19. >>> plus if republicans hate cancel culture so much, why are they encouraging it across the country. >>> the latest on the nor'easter and what we're learning, the breaking news story. blizzard warnings still issue frd new jersey to maine. at this moment 2.5 feet of snow hitting some areas in the northeast. massachusetts hardest hit, over 88,000 people right now without power. let's go to chris pallone who is in boston. chris, we spoke an hour ago, and we're not necessarily in the best at math sometimes, but that number is lower than we spoke an hour ago. >> yeah, that's right. under 90,000. you might be able to hear there's a wind gauge here on long wharf that is blowing pretty hard right now. this w

sonia sotomayor is there and there have been women, but i think is going to stick to that pledge, which narrows the field down to a few people. >> professor roy little with uc hastings law school says that if president biden does stick to that pledge, several names stand out. for example, one leading contender, california supreme court justice leondra kruger. >> i think we have a crew. there is absolutely fantastic. i think she would be great on the supreme court and i would applaud president biden if you were to nominate her. i think she would be confirmed. she is a moderate. she is not a a radical left progressive type. she's a moderate democrat. she's got experience in front of the supreme court. she's obviously been on the california supreme court now for a number of years. so she'd be great. >> others on the shortlist. >> there are other nominees. there's a judge in dc who is also talented and has a lot of claim. and she clerked for justice briar. that particular judge judge ketanji jackson. there's a judge in south carolina has been nominated for the appellate court down there has

npr reports after the omicron surge began justice sonia sotomayor who has diabetes didn't feel safe. john roberts understanding that in some form asked all of the justices to mask up. but gorsuch refused to do so, which means that sotomayor has been forced to attend oral arguments over the phone. every other justice is masking up. even clarence thomas, who doesn't seem to care about anybody. but, nope, not gorsuch. he could not be bothered to extend the life-saving courtesy to his co-worker. diabetes is a huge risk factor. a report last summer 40% of people who died from covid had diabetes. those numbers may look different with vaccination and omicron but the cdc lists diabetes as a condition where people are more likely to get severely ill. having zero problem risking the life of your colleague because you don't feel like putting a mask on, you, neil gorsuch, are to rotten co-worker, dangerous to be near in a pandemic and tonight's absolute worst. that's tonight's "reidout." "all in with chris hayes" starts now. >>> tonight on "all in," all the networks are reporting new subpoenas f

sonia sotomayor gets out there, but she tends to talk about her books. there was a lot of law professor in justice breyer, and you sometimes heard it on the bench, when he would ask long-winding hypothetical questions that were, you know, entertaining and sometimes illuminating, but, yeah, he had a great intellect -- has a great intellect. i remember talking to him once about when he learned french, because he loves france. he's gone over to give speeches in french. he said, i taught it to myself. it's easy, he said. [ laughter ] >> i'm going to miss professor breyer. he was constantly trying to explain what he was doing. that place is so opaque, he at least tried to make it a bit more transparent. anyway, pete, as always, sir, you're on top of this great scoop. let's now sort of break this down of a bit of what's next. kelly o'donnell, as pete pointed out, it sounds like we got ahead of the white house a bait, but as i said at the top, i don't think this could have come at a before time politically. >> reporter: i love covers the white house this a sing

sotomayor, this is a moment when the country can say equal justice applies to everybody. it's an extraordinary move by the president. i welcome this appointment. i'll fight with everything i have to make sure this extraordinary woman gets confirmed. >> chris christie, i was surprised to see this was senator collins' first talking point. i was surprised by the polling numbers. is this an effective point of criticism from republicans? >> look, i'm going to say the same thing i said when donald trump was nominating justices. elections have consequences. the president of the united states has the right to pick whoever he wants for that seat and nominate them. then they have to face the scrutiny of the united states senate. it wouldn't have been the way i would have approached it by preannouncing something like that, but joe biden won the election. he gets to make the choice. every 100 senators has the right to scrutinize this person's background, experience and decide whether or not they deserve lifetime tenure. >> donna, we know this pick won't change the balance on the cour

sotomayor talking about how many children are hospitalized could count as covid misinformation. i think what it comes down to is there's a clear bias here for certain kinds of speech when it comes to how these social media companies apply their rules. now, a lot of conservatives have large platforms, but when it comes to what they can kick them off for, it absolutely is biased in one direction. howard: i agree with your larger point. on the other hand, congresswoman green kept doing this, for example, in office she tweeted that the vaccines are failing, which they're not, and maybe a better solution is just to flag it it and say there's a dispute about it. she still, by the way, has her congressional twitter account. it has left-leaning companies so undermining their reputation for fairness that when they do take action that some would say is justified, it's written off by the right as pure politics. >> it is. and i think that, absolutely, i would agree with you that marjorie taylor green has spread misinformation about a variety of things on social media platforms. the question

sonia sotomayor and stephen breo breer. which blocked the rule for kbeers for requiring workers to be vaccinated or get regularly tested. now in a separate ruling today, the court did leave in place the vaccine requirement for people working in a health care setting. but if you don't work in a health care setting if you are stacking shelves or on the factory floor, working in a big open-plan cubicle farm and your workplace doesn't want to protect from you kooevd rich environment, well the supreme court just blocked the biden administration from helping you. the supreme court just blocked the made more safe. it's not necessarily an unexpected ruling given how right wing the supreme court is right now and how weird and scientifically uninformed the conservative justices questions were during the oral arguments. but now it is done. i will have more on that ahead tonight. we'll also have more ahead on what's happening around voting rights. conservative democrats kyrsten sinema and joe manchin reiterating they plan to effectivel

marie is a professor of constitutional law -- she has worked for a judge sonia sotomayor who was a judge at the u.s. court of appeals. she is a cohost of -- and brian fallon is the executive director of the pro -- demand justice, former aide to senator chuck schumer, a former director of public affairs in the doj under president obama. it is great to have you both. melissa, let me start with you. do you feel -- i feel like the relief was palpable across many circles, precisely because of the trauma of what happened with the last democratically nominated justice to exit the bench. >> i think that is exactly right, chris. i think lots of people have been watching justin breyer. a lot of people have been hoping he will retire for sometime now. but he has always claimed that he is not interested in doing so in this climate, would be to appear quite political. he was always that great pains to avoid that. to some degree, that course was already out of the barn. and ironically, what's this potential nomination offers is something of a political gift to joe biden. he has an opportunity to maine

they are silent on this statement by justice sonia sotomayor. we have over 100,000 children, which we have never had before, in serious condition and many on ventilators. even though that number is 20 times too high. a transcript has been updated to show justice gorsuch never said the flu kills, i believe, hundreds of thousands of people each year. to instead accurately reflect he said the flu, i believe, kills hundreds, thousands of people each year. new york state officials are advising hospitals to consider race when tweeting covid. nonwhite race or hispanic latinoeth nils city should be risk factor as long understanding will activities increased risk of severe illness and death from covid-19. >> there was clear data out there that shows that race is independent risk fact for dying from covid-19. we shouldn't be usings race to decide who gets treatment. >> peter: white house officials know the numbers are rising. >> there has been unprecedented demand for tests. >> peter: it's unclear when officials realized that. >> peter: the president ther

sotomayor, and stephen breyer, which did block the osha safety rule for employers requiring workers to be vaccinated or get regularly tested. r now in a separate ruling today, the court did leave in place thp vaccine requirement for people working in a health care setting. but if you don't work in a diin health care setting, if you're stacking i shelves or on the factory floor working in a big open-plan cubicle and your workplace doesn't want to protect you from a covid-rich environment, well, the supreme court just blocked the biden administration from helping you. the supreme court just blocked n the biden administration from being allowed to require that your workplace be made more safe. it's not necessarily an unexpected ruling given how right wing the supreme court is right now and how weird and scientifically uninformed the conservative justices questions were during the oral arguments, but now it is done. we will have more on that ahead tonight. >>> we'll also have more ahead on what's happening around voting rights. conservative democrats kyrsten sinema and joe manchin nd re

i remember playing this role when elaina kagan was nominated, and when sonia sotomayor was. getting the true facts out about their story. but we have here a very different situation. it is a 50/50 senate. but dick durbin controls the gavel. and i will say, under his leadership and senator schumer's leadership on the floor, it has been noted that we have confirmed more judges last year than any president has put forth since ronald reagan, since you started your show that way. so we have a lot of experience getting this done. we have a white house that has vetted a number of nominees, well aware that this could be coming down the pike. we have so much respect for justice breyer and his record. but we knew there was a chance he could step down. so i feel like we are in as good a situation as we can be. so after the nomination is made, you look at the numbers. sotomayor was 66 days, elaina kagan was -- days. gorsuch was 65 days, kavanaugh was 88 days and amy coney barrett was 27 days. who is counting, though? i think everyone will be. a lot of this will be us than meeting with t

there's criticism of justice sonia sotomayor when, during oral arguments on the mandates, she overstated the number of kids hospitalized with covid, and we don't need the supreme court making decisions based on wrong facts, also creating a problem for the federal government. the lack of available tests as the white house waits for their promised 500 million at home rapid tests we want to ensure that there's not only that physical test but the ability to distribute them, which is what we're working through now. a group of 51 u. s representatives and senators are urging the president to take more action to get tests into americans hands, quote, ensuring widespread access to free covid-19 rapid testing is among the most effective public health tools. that the federal government has at its disposal, but the current supply shortage is preventing effective utilization of this common sense mitigation strategy . the president pledged those free at home covid test would be made available to americans later this month, the white house says on thursday. the president will give an update to his pand

biden and it was ron klain who advised the obama white house for the nominations of elena kagan and sonia sotomayor so when i spoke about the experience this white house has when it comes to supreme court nomination processes, that's what i was speaking about. so this is something the white house feels really good about. of course, me saying this might jinx it for them, who knows, but they do feel like this puts some wind in their sails. >> 100%. to what degree, though, because as we look at the president's beginning of his second year in office and all these low poll numbers that he is facing, pretty much across the board, do you think this historic supreme court nomination will help improve overall the perception of his presidency? as more information gets out, the likes of which you have just shared, you know, i mean, that's super positive. you would think that across the board, a lot of people would applaud that. >> yeah, and certainly, he would have been held to account if he didn't fulfill this major campaign promise. but i think when it comes to the midterms and when it comes to th

sotomayor in bringing the law to the people, in talking about the consequences that the law has, that the way in which the supreme court interprets the law has. i think it's going to be critical, for example, to have a black woman on the bench when the court hears the big affirmative action case. i think it would be a tragedy to not have the voice of someone who understands what it's like to be a black woman in america, to be underestimated, to be looked down upon, and to bring that life experience to bear. and that's the kind of life experience that frankly a white counterpart would not be able to bring to bear. these dissents are going to be critical. they're going to hopefully become majority opinions in the future, so you know, it's just high time. it's high time. >> it is high time. 200 plus years later. rena and amani, thank you both. appreciate you this afternoon. >>> coming up, everybody, nancy pelosi makes it official. that she is running for another term in congress. but my next guest says there is one thing she shouldn't do if she really wants to help out democrats. >>> plu

also one justice was missing, sonia sotomayor, who participated virtually from her chambers. justice sotomayor has type 1 diabetes since childhood putting her at high risk if she is infected with covid-19. court sources said justice sotomayor did not feel safe in close proximity to people who were unmasked. chief justice john roberts understood that and, quote, asked the other justices to mask up. as you can see in the court sketch, justice gorsuch, who sits next to justice sotomayor, was the only one to refuse that request. npr reports gorsuch's continued refusal to wear a mask meant that justice sotomayor has not attended the justices weekly conferences in person, joining by telephone. you could say the lack of some sort of rule on wearing masks with chief justice roberts could have enforced on the court is an occupational hazard for justice sotomayor. it's changed her workplace. made it less safe. puts her health in danger at her place of work. it just so happens that the argument the court heard were about vaccine or testing mandates and whether the danger of catching cov

sotomayor on the federal bench before her nomination for the supreme court. good to see you all. kashlgs i'm going to start with you. the january 6th committee interviewed trump's former acting secretary of guess, christopher miller today. why is his testimony important for them? >> there could be a lot of reasons, but the first two that come to mind is, a, he was in the defense department, in the pentagon on the day of the riot, the storming of the capitol. he has already testified that he was aware at 1:34 p.m. that the capitol was under attack and the police lines had been breached, and he's testified it took him another three hours to authorize dispatching a real plan for the national guard to go and help to essentially be the cavalry to save the capitol police and the metropolitan police officers who had tried to prevent what happened there. so that's really critical. the second thing, of course, is he was with donald trump a lot prior to january 6th, including a crucial january 3rd oval office meeting. in that meeting the president closed the session, w

sotomayor and alito expecting a fiery decision knocking down affirmative action because they think it's a terrible thing. you wrote a brief. your organization wrote a brief on the harvard case on behalf of social scientists studying asian-american education issues because in this case, what the right is trying to do is hit in a sense asian-american applicants against african american applicants in an attempt to shift the narrative away from so-called reverse discrimination. wholistic review helps prevent admissions professionals from evaluating asian-americans as a block into more accurately and realistically understand them as a highly diverse racial group by removing the consideration of race more harm would be inflicted on asian-americans. talk about this sort of pitting one group against another and the way the right is skillful at trying to do it. >> yeah, as professor murray mentioned, there is more than 40 years of legal precedent establishing the legalities of race conscious admissions and there is also 40 plus years of research on the books that demonstrate how race conscious a

sotomayor, who is also in consideration for a nominee. your reaction to those comments comparing president biden's choice to affirmative action? >> i don't know it's necessarily affirmative action, i think it's more in the vein of normalization, normalizing the idea that we should have a supreme court that reflects the diversity of this nation. as senator graham noted, there haven't been any african-american women appointed to the bench. there have been, of the court's members, only seven people who are not white men. that's 94% of the court that historically has been white and male. there have been 0% who have been african-american women. so this is really about normalizing what this looks like and making sure that everyone understands that the kind of excellence we expect on the court can be found in all facets of our society. >> i mean, if i could ask, let's put up the graphic of the pictures of these women that are being considered. i mean, i wish we could put their bios. i mean, these are extremely qualified people. people, period. a

there was some confusion during oral arguments when justice sonia sotomayor claimed 100,000 kids were in serious condition with covid, the cdc director pushed back. the risk of death is small, but of course you know children are supposed to die. the justices are expected to make a ruling shortly. meanwhile, the federal agency in charge of enforcing the mandates does not plan to impose the fines yet. in washington. lauren blanchard, ktvu, fox two news. in chicago public schools are closed once again today, district leaders canceled classes for 1/4 day as a dispute with the teachers union over remote learning in covid-19 protocols drags now into a second week. many schools had already started notifying parents to keep their children home due to staffing shortages when the district decided to cancel classes again with coronavirus guidance and public health mandates changing frequently hear cdc director dr rachelle wolinski addressed recent criticism that the agency has faced as americans navigate through this latest covid surge. we have ever evolving science with an ever evolving variant

sonia sotomayor is there and there have been women, but i think is going to stick to that pledge, which narrows the field down to a few people. >> professor roy little with uc hastings law school says that if president biden does stick to that pledge, several names stand out. for example, one leading contender, california supreme court justice leondra kruger. >> i think we have a crew. there is absolutely fantastic. i think she would be great on the supreme court and i would applaud president biden if you were to nominate her. i think she would be confirmed. she is a moderate. she is not a a radical left. progressive type. she's a moderate democrat. she's got experience in front of the supreme court. she's obviously been on the california supreme court now for a number of years. so she'd be great. >> others on the shortlist. >> there are other nominees. there's a judge in dc who is also talented and has a lot of claim. and she clerked for justice briar. that particular judge could time g jackson there's a judge in south carolina has been nominated for the appellate court down there has

sotomayor. in the blockbuster report said, with the omicron surge, justice sotomayor does not feel safe with people in proximity with those who wear masks. they asked to mask-up they all does seven gorsuch. customers sotomayor who previous wag the only one to wear a mask on the bench now participates remotely through audio through chambers, according to npr, gorsuch has proved a prickly justice. and of course, perhaps, gorsuch it should be he reporting remotely. >> and ghislaine maxwell request seeking a new trial, maxwell was convicted last month on five counts of sex trafficking and other charges for recruiting teenage girls for late finance sere and convicted sex offender jeffrey epstein. maxwell faces up to 65 years in prison. >>> two teenagers take in custody in uk in connection with the texas hostage synagogue incident will be released and not charged. morgan chesky has that story. >> reporter: a new image shows them arriving at a dallas calling center january 2nd. >> he fit into the regul

supreme court justices sonia sotomayor and neil gorsuch are denying a reported rift over wearing a mask. today, in a rare statement, they said, quote, it is false. while we may sometimes disagree about the law, we are warm colleagues and friends. the justices specifically denied that soda mayor, a diabetic, -- sotomayor, a diabetic, gorsuch to mask up. npr reported that she joined oral arguments remotely because gorsuch was not masked. npr said it stands by its story democrats in the u.s. senate pushed again this evening for voting rights legislation -- but republicans moved again to block it. democrats claimed new state voting laws smack of jim crow segregation. two black senators south , carolina republican tim scott and new jersey democrat cory booker, clashed on that point. >> to have a conversation and a narrative that is blatantly false is offensive, not just to me, or southern americans, but offensive to millions of americans who fought, bled and died for the right to vote. so if we're going to have an honest conversation about the right to vote, let's engage in that based on the

justice sonia sotomayor writing in her dissent, quote, this case is a disaster for the rule of law and a grave disservice to women in texas who have a right to control their own bodies. i will not stand by silently as a state continues to nullify this constitutional guarantee. already at least seven states are revving up their own copycat bills like the one surviving and thriving in texas. this summer the supreme court is expected to issue a ruling on a case from mississippi that could likely overturn roe altogether. with me now, melissa murray, msnbc contributor and professor of law at new york university, and former texas state senator wendy davis, she's also the founder of deeds not words. melissa, first, explain what this supreme court decision on the texas abortion case actually means. >> well, basically the providers here had asked the court to issue a writ that would have required the fifth circuit to remand this case back to the district court where the district court would have been in a position to offer preliminary relief by enjoining this law from being in effect, and that,

supreme court justices sonia sotomayor and neil gorsuch are denying a reported rift over wearing a mask. today, in a rare statement, they said, "it is false. while we may sometimes disagree about the law, we are warm colleagues and friends." the justices specifically denied that sotomayor-- a diabetic-- asked gorsuch to mk up. npr had reported that she joined oral arguments remotely because gorsuch was not masked. it did not say she asked him to wear one. npr said today that it stands by its story. demoats in the u.s. senate pushed again this evening for voting rights legislation-- but republicans moved again to block it. democrats claimed that new state voting laws smack of jim crow segregation. two black senators-- south calina republican tim scott and new jersey democrat cory booker-- clashed on that point. >> to have a conversation and a narrative that is blatantly false is offensive-- not just to me, or southern americans, but offensive to millions of americans who fought, bl, and died for the right to vote. so, if we're going to have an honest conversation about the right to vote,

there's criticism of justice sonia sotomayor when, during oral arguments on the mandates, she overstated the number of kids hospitalized with covid, and we don't need the supreme court making decisions based on wrong facts, also creating a problem for the federal government. the lack of available tests as the white house waits for their promised 500 million at home rapid tests we want to ensure that there's not only that physical test but the ability to distribute them, which is what we're working through now. a group of 51 u. s representatives and senators are urging the president to take more action to get tests into americans hands, quote, ensuring widespread access to free covid-19 rapid testing is among the most effective public health tools. that the federal government has at its disposal. but the current supply shortage is preventing effective utilization of this common sense mitigation strategy . the president pledged those free at home covid test would be made available to americans later this month, the white house says on thursday. the president will give an update to his pand

. >> reporter: supreme court justice sonia sotomayor, one of the court's three liberals and the first latina on the high court, reflecting on the legacy of her retiring colleague. >> he's always, always thinking about what the law means to people. he makes us think deeply about what we're doing and what it means. >> reporter: it's now up to president biden on who will get the historic nomination as the nation braces for another supreme court confirmation battle in the senate with history hanging in the balance. for "good morning america," devin dwyer, abc news, washington. >> and coming up on "good morning america," the history-making final when american danielle collins battled it out with ash barty on her home turf at the australian open. okay everyone, our mission is to provide complete balanced nutrition for strength and energy. woo hoo! ensure, complete balanced nutrition with 27 vitamins and minerals. and ensure complete with 30 grams of protein. ♪ ♪ hey! it's me! your dry skin! i'm craving something we're missing. the ceramides in cerave. they help restore my natural barrie

tonight -- supreme court justice sonia sotomayor, star of "growing belushi," actor and comedian, jim belushi, writer and producer michael schur, featuring the 8g band with elena bonomo ♪ [ cheers and applause and now, seth meyers >> seth: good evening, i'm seth meyers. this is "late night. we hope you're all doing well, and now we're gonna get to the news president biden was caught on a hot microphone yesterday

amy coney barrett, 27 days from nomination to confirmation, sonia sotomayor, 60 days from nomination to confirmation. i know you decried the speed with what happened with amy coney barrett. and what should we expect time line-wise, closer to sonja sotomayor or closer to amy coney barrett? >> if that person is seeking the supreme court, then they know quite a lot about that person, and that can be taken into consideration. if there's no new developments of someone who has been before the committee in the previous year or two, it makes a real difference. i'll just say this. it's going to be fair, it's going to be deliberate and we're going to be timely about it, too. this is a lifetime appointment to the highest court in the land. we should take it seriously. >> look, i'm obviously going to try to pin you down one more time on timing. easter recess, mid-april. is that a fair target at this point to get it done before you guys take off? >> before. by the amy coney barrett test, yes, it is. we'll see what develops. a great deal, maybe all of it, depends on the nominee and the background.

a source saying justice sonia sotomayor is concerned about covid because she suffers from diabetes and underlying health condition. she has been participating in arguments from her chambers instead of the courtroom where she normally sits next to gorsuch. the source also saying as omicron surged, she expressed her concerns about the dangers of the variant to chief justice john roberts but that she, herself, did not directly ask gorsuch to wear a mask. and there is no rule requiring justices to wear one. >>> voting rights on the ropes. americans worried about the economy. it's been a tough first year for president biden. what's ahead in the second? so when she moved in with us, a new kitchen became part of our financial plan. ♪ ♪ find a northwestern mutual advisor at nm.com on fanduel sportsbook, new customers can bet 30-to-1 odds on any team in the playoffs. ♪ ♪ so you can make every catch... ♪ ♪ feel like the catch of a lifetime. ♪ ♪ ♪ ♪ new customers can make every moment more during the nfl playoffs with 30-to-1 odds on any team to win their playoff game. bet $5

i remember playing this role when elaina kagan was nominated, and when sonia sotomayor was. getting the true facts out about their story. but we have here a very different situation. it is a 50/50 senate. but dick durbin controls the gavel. and i will say, under his leadership and senator schumer's leadership on the floor, it has been noted that we have confirmed more judges last year than any president has put forth since ronald reagan. since you started your show that way. so we have a lot of experience getting this done. we have a white house that has vetted a number of nominees, well aware that this could be coming down the pike. we have so much respect for justice breyer and his record. but we knew there was a chance he could step down. so i feel like we are in as good a situation as we can be. so after the nomination is made, you look at the numbers. so to my your was 66 days, elaina kagan was -- days. gorsuch was 65 days, kavanaugh was 88 days and amy coney barrett was 27 days. who is counting, though? i think everyone will be. a lot of this will be us than meeting wi

sonia sotomayor is there and there have been women, but i think is going to stick to that pledge, which narrows the field down to a few people. >> professor roy little with uc hastings law school says that if president biden does stick to that pledge, several names stand out. for example, one leading contender, california supreme court justice leondra kruger. >> i think we have a crew. there is absolutely fantastic. i think she would be great on the supreme court and i would applaud president biden if you were to nominate her. i think she would be confirmed. she is a moderate. she is not a a radical left. progressive type. she's a moderate democrat. she's got experience in front of the supreme court. she's obviously been on the california supreme court now for a number of years. so she'd be great. >> others on the shortlist. >> there are other nominees. there's a judge in dc who is also talented and has a lot of claim. and she clerked for justice briar. that particular judge judge ketanji jackson. there's a judge in south carolina has been nominated for the appellate court down there ha

sonia sotomayor is there and there have been women, but i think is going to stick to that pledge, which narrows the field down to a few people. >> professor roy little with uc hastings law school says that if president biden does stick to that pledge, several names stand out. for example, one leading contender, california supreme court justice leondra kruger. >> i think we have a crew. there is absolutely fantastic. i think she would be great on the supreme court and i would applaud president biden if you were to nominate her. i think she would be confirmed. she is a moderate. she is not a a radical left. progressive type. she's a moderate democrat. she's got experience in front of the supreme court. she's obviously been on the california supreme court now for a number of years. so she'd be great. >> others on the shortlist. >> there are other nominees. there's a judge in dc who is also talented and has a lot of claim. and she clerked for justice briar. that particular judge could time g jackson there's a judge in south carolina has been nominated for the appellate court down there has

apparently gorsuch wasn't n'tttwearing his little obediene mask and highly sensitive sonia sotomayor was too afraid to come to work. you would o justt expect from a mansplaining like neil gorsuch. well,, it turns out the story wasn't true . oops, sorry about that . and yet we kept listening to npr anyway because npr is abouty so much more than facts. npr istu about attitude and styn . it's about making mostd entitled people in this country feel even better about themselves. it's about saying things that are off the charts crazyts but sang them in a smug singsongy tone that suggests they've always been true . it is highly compelling radio. honestly, we can'tng turn it of last week we told you about recent npr segments on anti diet dieticians and fitness experts who hate fitness and eat too much ice cream. wewe thought it couldn't get better than that , but oh boy were we wrong. t now npr has taken up the vital topic of gender identity at elite women's colleges. holy smokes. it's a cornucopia of awesome. >> listen, women's colleges are adapting their admissions policies to reflect a sh

. >> trace: at the beginning of that we got her to say the numbers were not right, that sonia sotomayor, justice sotomayor was wrong saying 100,000 kids were hospitalized, number was 3500 roughly at that time. it's not to say that it's not serious, and that kids shouldn't take it seriously, but the numbers of seriously ill or dying kids is very small if you look at the big picture. vaccinated/unvaccinated. another sound bite out there we should clarify, that 75%, she said, walensky said, 75% of those who died had four co-morbidities, very ill going in. that is where she is talking about vaccinated people. i asked if she knew people who went to the hospital with covid or for covid and those who died, could you break that out on fox news sunday, and she didn't have the stats. the sound bite was from prior, she was talking about vaccinated people and she had those stats. so, listen. we have to get the numbers right, we have to be able to say what it is and after two years the c.d.c. should have those stats. >> yep. yeah. >> and not to mention they the point admiral giroir made, free tests

justice sonia sotomayor pushed back on the word mandate. she along with justices breyer and kagan made it pretty clear they support the requirement. >> more and more people are getting sick every day. this is the policy that is most feared -- most geared to stopping all this. there's nothing else that will perform that function better than incentivizing people strongly to vaccinate themselves. >> reporter: chief justice john roberts highlighted how these cases will likely determine a level of power that the executive branch holds. >> i wonder if it's not fair for us to look at the court as a general exercise of power by the federal government and then ask the questions, well, why doesn't congress have a say in this, and why doesn't this be the primary respondent of the states. -- responsibility of the states. reporter: while conservative justices seem -- they seemed less so. >> all of which the ones i'm familiar affect employees when they are on the job but not when they are not on the job. and this affects employees all the time. if you're

supreme court justices neil gorsuch and sonia sotomayor shooting down a report by the npr that he refused to wear a mask on the bench despite the request to do so. justices called the reporting from npr flat out false. joining us is a former clerk from justice gorsuch, mike davis. thank you for calling in. not only a former clerk and advisor to gorsuch, but a long time friend as well. what did you think when you saw the initial reporting from npr? >> i just saw that ruth marcus at the "washington post," and npr are intentionally, knowingly spreading misinformation to smear justice gorsuch, and this started at the covid cases two fridays ago. all nine supreme court justices are fully vaccinated and boosted, they test every morning before every court appearance. all the applicants are tested before they enter the courtroom, they spent money for the air filtration system, and they hear arguments, eight of them without masks. justice sotomayor wore a mask and the others didn't, and somehow neil gorsuch was not going to play politics so he did what he did for the prior months and not wear his

take a listen to supreme court justice sonia sotomayor. we'll talk about it on the other side. >> what's the difference between this and telling employers where sparks are flying in the workplace your workers have to wear a mask? >> when sparks are flying in a workplace, it's because there is a machine unique to that workplace. >> why is the human being not like a machine if it's spewing a virus, blood borne viruses? >> exactly. this is the precisely my point, we are way over time. about ten second left, what itself your take on this whole entirery deck lus sergeant? it's like people are pro-covid it's very world. >> america, we in danger, girl. the reason the conservative justices are anti-vax mandates is not because they're trumpers anything like that. it's because they're republicans. the supreme court republicans are doing what republicans do, in this case they don't want the vaccine mandates because it's coming through osha. there has been a generations long attack on what labor rights. because osha protects workers and republicans do

catch tamron's show next week when she welcomes supreme court justice sonia sotomayor, i will certainly be tuned in. thank you so much. >>> coming up later, michael cohen joins alex witt to talk about the investigation into the trump orks and whether ivanka will talk. >>> up next, the senate candidate taking campaign ads to a new high, wink wink. he joins me next to talk about his latest joint. we'll be right back. s latest jot s latest jot we'll be right back. fasenra is a different kind of asthma medication. it's not a steroid or inhaler. fasenra is an add-on treatment for asthma driven by eosinophils. it's oaintenance dose every 8 weeks. it helps prevent asthma attacks, improve breathing, and lower use of oral steroids. nearly 7 out of 10 adults with asthma may have elevated eosinophils. fasenra is designed to target and remove them. fasenra is not a rescue medication or for other eosinophilic conditions. fasenra may cause allergic reactions. get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. don't stop your asthma treatments unless your d

plus, the united states supreme court justice, sonia sotomayor. and "live"'s "save your sanity week" continues when we answer the question. all next on "live!" ♪ ♪ and now, here are kelly ripa and ryan seacrest! [applause] >> kelly: morning. morning, deja. morning, ryan. >> ryan: morning. good to see you. >> kelly: i just hollowed out loud at the "save your sanity