and john roberts' little dance is working. his attempts to separate his own reputation from that of his right wing court is working. weirdly people like him even as they disapprove of the court. joining me is melissa murray, a legal analysts, also with us a megan hatcher mays, director of the group indivisible. thank you both for joining me this morning. happy new year. megan let me start with you, most politicians today can only dream of a bipartisan approval rating like the one john roberts just got in this any survey. what is his appeal to democrats and republicans alike and tell us why you think he doesn't deserve it. >> i'm excited to tell you why i think he doesn't deserve it. it has a lot of shades of joe biden and nancy pelosi saying we need a strong republican party that's what makes the country great. there are probably a lot of liberals who believe that and john roberts represents that type of person, he's respectable, went to harvard, seems nice enough. so even though he's doing bad stuff he's figured out a way to

. >> john: i'm john roberts. "the story" with martha starts right now. >> martha: all right. thank you very much to you both. good afternoon. i'm martha maccallum. right now on "the story," as president biden said with troops amassed on ukraine's border, putin has to do something. his guess is that putin will move in. fox confirmed the united states is prepping plans to evacuate our people from the embassy there as antony blinken spent 90

so today, we say to the members of the senate, to pass the john robert lewis voting rights advancement act, to pass the freedom to vote act. to know that this is not just about a policy, this is about our entire democracy. our way of life. i'm proud to be a member of the congressional black caucus and i'm proud to say this is our power and this is our message to the senate. thank you. mrs. beatty: thank you. thank you to all of my colleagues. we'll take a few questions. but let me just say, thank you to my colleagues. it's always the right time to do what's right. the fierce urgency of now. and one last one from martin luther king, doesn't matter where you stand in the time of comfort and convenience. but it is the action that you take during the time of challenges and controversy. it is the time now, senate, to take that action. elected officials, don't hide. don't not support voting rights and then dare to celebrate king's birthday. stand with us. we'll take questions. as i ask sheila jackson lee and mr. mfume to join me at the podium. are there any questions? reporter: [indiscernibl

it is john roberts in 2020 which swung wide the doors toward gerrymandering and it's john roberts who provided the crucial fifth vote in last year's decision which eviscerated section 2 of the voting rights act. this has all been done by federal society conservatives that have been put on the supreme court and until we stop them -- until we do something about the court, you want to pass your freedom to vote act? i think that is a great bill. we should pass it. i think we should have passed h.r. 1. but always remember, john roberts and his conservative cronies are waiting at the supreme-court level to strike down whatever laws we put forward. as long as you let republicans control the supreme court, you cannot have a fair and equal, just society. >> latasha, there is also the reality that as all of this plays out at the federal level, it is a lot of state organizers on the ground. who are going to have to figure out how they organize state voters around some of these limitations. i have heard from many organizers said there is no amount of organizing that is gonna get us around these o

they did seem to want to work with john roberts, to find the incremental decisions not going as far as to justice thomas might want to go on some decisions. or finding moderate positions with the court. and yet you might have a fiery dissents. are you saying the chances of that new justice of the new progress of the names i have seen are not real progressives. that we are less likely to see that kind of accommodation and lack of a c# or disagreements ideologically? >> i think that is right. and also to the extent the court some people call a three -- three -- three court. three on the left, three on the right and three in the middle. and so you do not even need any of the progressive block to make a coalition if you will. but certainly there would be fewer opportunities of this sort that kagan and breyer orchestrated in a decade ago where john roberts switched famously on justifying the individual mandate under the taxing power within roberts, breyer, and kagan agree with the conservatives to invalidate the medicaid expansion. probably see less of that. but go with the six -- three dyn

chief justice john roberts: it seems to me that the more mandates that pop up in different agencies, i wonder if it is not fair to look at it as a general exercise of power by the federal government and ask what is the congress saying and why is this the primary responsibility of the states? >> judgments on the public health side, the economic side, how those ought to be balanced against each other, so we decide? should it be the agency feel that expert policymakers, and completely politically accountable to the president? on the other hand, courts can decide. courts are not politically accountable, have not been elected, have no epidemiological expertise, why would courts decide this question? >> congress, states, and governors wielding emergency powers are the ones that have the power, and we acknowledge that, over vaccines. the idea that osha uld be the agency and the federal government that is not under the department of health and human servic that does not have expertise over communicable diseases, like the fda or cdc. that would be an odd place for congress to lodge such a swe

and so today we say to the members of the senate, to pass the john robert louis advancement act, to pass the freedom to vote act. to know this is not just about a policy, this is about our entire democracy by way of life. i am proud to be a member of the congressional black caucus. and i am proud to say this is our power, and this is our message to the senate, thank you. >> thank you to all of my colleagues. we will take a few questions but let me just say thank you to my colleagues. it's always the right time to do what is rice. the fierce urgency of now and one last one front martin luther king, doesn't matter where you stand in the time of comfort and convenience. it is the action that you take during the time of challenges and controversy. it is the time and now to take that action. elected officials, do not hide , and don't not support voting rights and dare to celebrate king's birthday, stand with us. we will take questions and asked them to join me at the podium. are there any questions? will ask you to monitor the questions for us. [inaudible] [inaudible] is there pressure on the

sure what john roberts did with the information. so, when that argument started -- the first argument of the january term -- all eight justices appeared in the courtroom wearing masks, except for justice neil gorsuch. now, during arguments, some of the justices took off their masks for a period of time. although, the two liberals kept the mask and they keep the masks on at all times even when they are asking questions. so we have asked the supreme court to give us some comment about gorsuch, why he is choosing not to even bring a mask to oral arguments and they haven't responded. it's worth noting that all of the justices are vaccinated. they have received their boosters, and they are also frequently tested. >> um, i want to read something from justice gorsuch's book titled "a republic if you can keep it." it reads to be worthy of our freedoms, we all have to adopt certain civic habits that enable others to enjoy them, too. he went on to talk about a civility crisis this country is facing. um, which, you know, is certainly accurate.

john roberts entitled the chief. in 2019. she's a graduate of georgetown university and she was the finalist for the pulitzer prize in explanatory journalism in 2016. so please join me in welcoming both of them to the stage. thank you, dr. chisholm. and thanks also to lauren rosenberg who was quite helpful in arranging all of this. this is the very first time you've been back in person at the smithsonian and i have to say you've got the added bonus that this is justice breyers first in-person in washington dc. he's already told me that i couldn't say in the world because he was up at the 90 second street y in person but so you have this extra special thing and you also have something even better because today the first time that the press and the eight justices minus justice kavanaugh. we're in the courtroom for oral arguments and they hadn't been together on the bench to hear a case since march 4th to 2020. so this was quite a big day and joanna breyer was there. watching justice kennedy was there retired justice kennedy was

no one's surprise john roberts did this, his judicial philosophy consists of not defending "the washington post." but brett kavanaugh? wasn't he supposed to be sincere conservative, a man of principle? many of us believed it. he cried during his confirmation hearings, wept like adam kinzinger, we felt sorry for him. we didn't understand at the time that something had broken inside of brett kavanaugh, at some level his tormentors now controlled him and going forward he would be more loyal to a conventional opinion in the constitution of the united states -- our mistake. the court's actual conservatives, the ones who don't weep in public, his condition on the facts mandate made no sense at all. nothing in law or the constitution requires nurses to choose between losing their livelihoods and acquiescing to a vaccine they have rejected for months. exactly. in other words, joe biden's vaccine mandates have no legal authority. without legal authority, the government can't force us to do anything, period. in case you are wondering if it's really a spiritual war we are watching, here is this news

we must vote no in the name of martin king and john robert lewis. we can't do less. the senate must do its job. i yield back. the speaker pro tempore: the gentleman reserves. the gentleman from illinois is recognized. mr. davis: i reserve, please. the speaker pro tempore: the gentleman reserves. the gentleman from north carolina is recognized. mr. butterfield: at this time i would like to yield one minute to the gentleman from texas, from houston, texas, harris county, my friend, my classmate, congressman al green. for one minute. . mr. green: thank you, madam speaker, madam speaker, and still i rise. our country has a history of discriminating against people of color and women when it comes to the right to vote. but that all changed in 1965 when president lyndon johnson signed the 1965 voting rights act. because you see, prior to his signing that act in 1965, there were four asian members of congress. in 2021, there were 21 members. there were four latino members of congress. in 2021, 54. there were six black members of congress. in 2021, 60. and there were 18 women

: anne, it's john roberts here with sandra. and i heard you say that there was nobody from the d.o.t., nobody from the state came out. typically in an episode like this you would see salt trucks, you would come out, see snowplows, you would see department of transport send emergency vehicles out, tend to people who might need help. you didn't see any of that the entire time you were out? >> no, no, sir, nobody from virginia department of transportation. there were several of us that tried to call, you know, fredericksburg and staffers, and we couldn't get anybody. and we didn't want to call 911 because that's a true, true emergency line. about 4:00 this morning i did see an ambulance that was about maybe a mile down the road, i could see the lights. but, and i saw one snowplow going south, but nothing on our side and to your reporter's point, that's what we were driving on. we were driving on that ice that gets craters in it, so even when we could go you could only go 5 to 6 miles an hour at any given time last night. >> sandra

john roberts? under obama would've been like, send merrick garland's to the court and wait for john roberts to kick him out and i was at the exact same thing to anybody who tries to pull this federalist aber -- papers dodge to stop biden from having a nominee. i do not think it will get that contentious and i know this could come back to bite me all sound naÏve if i'm wrong, but i think the biden nominee is going to get 52, 53 votes. collins, murkowski, and graham actually alread voted fory jackson brad in the past -- brown jackson in the past and another that was recently confirmed to the circuit. there is precedent on that. manchin and sinema have been pretty good about voting for biden judges. i don't expect a lot of pushback. i don't -- look, in part because -- i will close with this. if we're talking about the front runners, talking about a brown jackson or cour, credentials are so capable. there is no hint of scandal. i don't think you're going to find out that brown jackson tried to rape an

john roberts? under obama would've been like, send merrick garland's to the court and wait for john roberts to kick him out and i was at the exact same thing to anybody who tries to pull this federalist aber -- papers dodge to stop biden from having a nominee. i do not think it will get that ntentious and i know this could come back to bite me all sound naÏve if i'm wrong, but i think the biden nominee is going to get 52, 53 votes. collins, murkowski, and graham actually alread voted fory jackson brad in the past -- brown jackson in the past and another that was recently confirmed to the circuit. there is precedent on that. manchin and sinema have been pretty good about voting for biden judges. i don't expect a lot of pushback. i don't -- look, in part because -- i will close with this. if we're talking about the front runners, talking about a brown jackson or cour, credentials are so capable. there is no hint of scandal. i don't think you're going to find out that brown jackson tried to rape anyb

she reported chief justice john roberts in some form asked the other justices to mask up at work. asked them to mask up. justice sotomayor has legitimate health concerns, this is understandable, everyone did mask up except justice neil gorsuch that sits next to her. this seems to explain why sotomayor has been saying remote. gorsuch and sotomayor put out a statement denying any tensions. then roberts released a statement refuting the claim saying i did not request gorsuch or any other justice to wear a mask. npr's editor climbed in saying the story merited a clarification but not a correction. totenberg told "the daily beast" she doesn't care about what the public editor says. what is this about? this is about one word, the word ask and whether roberts asked everyone to wear masks or whether he, i don't know, i guess he could be suggested they wear masks. what do you think is really going on here? >> i think it's also about how opaque the supreme court is as an institution. congress has rules about whether you wear the mask, when to wear masks. the executive branch has rules. the

i'm sandra smith. >> john: i'm john roberts. "the story" with martha starts right now. >> martha: all right. thank you very much to you both. good afternoon. i'm martha maccallum. right now on "the story," as president biden said with troops amassed on ukraine's border, putin has to do something. his guess is that putin will move in. fox confirmed the united states is prepping plans to evacuate our people from the embassy there as

it is john roberts who eviscerated section five. it is john roberts in 2020 swung wide the doors toward gerrymandering and provided the crucial fifth vote in a decision last year. it is all done by federal society conservatives. and until we stop them, until we do something about the court. you want to pass your freedom to vote act, that's a great bill, i think we should pass it. i think we should pass hr-1. but they are waiting to strike down whatever laws we put forward. as long as you let republicans control the supreme court, you cannot have a fair and equal just society. >> as all of this plays out at the federal level, it's a lot of state organizers on the ground who are going to have to figure out how they organize state voters around some of these limitations. i've heard from many organizers who've said there is no amount of organizing that is going to get us around these obstacles, and still the work will continue. how are you approaching it in the state of georgia? >> listen, we're going to have to continue to work on the

we have seen john roberts engineer with occasional exceptions like the affordable care act, a series of 5-4, now 6-3, party line -- in effect, party line decisions in which the republican justices outvote all of the democratic-appointed justices. the court behaving in a more partisan manner even in the process they are approved is unfolding in a more partisan manner. it's all moving in the same manner. last week in the big fight over the filibuster, kiyrsten sinema and joe manchin said weakening the voting rights act, shelby county in 2013, should be 60 votes. john roberts is the only member of that republican majority bloc who reached that standard himself with 60 votes for confirmation, and i don't think we will see that again for a very long time. >> i watched justice breyer's remarks today, and i guess i should not have expected this. i was expecting reading a statement saying it's time for me to step aside. he was riffing about the experiment of america and talking to students. it was very relaxed. i wonder what you took away from what we heard today and what you hope to see in

. >> john: and i'm john roberts. the story with martha starts right now. >> martha: thanks, guys president good afternoon. i'm martha maccallum at fox news head quarters in new york. the president getting a scathing rebuke from mitch mcconnell after president biden said those that oppose his reforms to the election system were like george wallace and bull connor. that did not sit well with senator mcconnell. watch. >> yesterday, he shouted that if you disagree with him, you're george wallace. george wallace? if you tonight pass the laws he wants, you're bull connor. he compared -- listen to this -- a bipartisan majority of senators to literal traitors. how profoundly unpresidential. look, i've known, liked and personally respected joe biden for many years. i did not recognize the man at the podium yesterday. >> martha: strong words there from senator mcconnell. senators thune and tim scott hear with their reaction. let's begin with senator thune, the number 2 ranking republican. senator, good to have you with us toda

they are champing at the bit and that sbit john roberts so you can even hear in that tiny excerpt his approach to this measured, trying to figure out where that balance might be, and that's what the intention is going to be. >> appreciate your -- we'll bring it to our viewers. next, you don't want to miss this, kind of ridiculous and kind of fascinating. senator ted news groveling on fox after calling january 6th what it was, a terrorist attack. of tucker carlson not impressed with the senator.. some are of intensity, others joy. all are of..... various: ahhh... listerine. feel the whoa! [ chantell ] when my teeth started to deteriorate, i stopped hanging out socially. it was a easy decision -- clearchoice. [ awada ] the health of our teeth plays a significant role in our overall health. chantell was suffering, and we had to put an end to that. the absolute best way to do that was through dental implants. [ chantell ] clearchoice dental implants changed everything. my digestive health is much better now. i feel more energetic. the person that i've always been has shown up to the party

i'm john roberts in washington. sandra, happy new year to you. >> happy new year to you, too, john. the travel challenges are what everyone is talking about today. omicron variant pushing to levels not seen in this pandemic, nearly 500,000 cases reported in a single day shattering the previous daily high set two days beforehand. throw in a winter storm with exploding case counts, all the ingredients for a massive travel headache. nearly 4,000 flights have been canceled so far today, according to flight aware. the omicron surge is leaving many airlines without crews to operate those busy schedules. >> fox team coverage starts now. standing by from the white house, but first senior national correspondent at reagan national airport outside washington, d.c., snow finally tapering off a bit. >> good afternoon, john. that's right, the snow is just slowing down a few minutes ago but has left a mess here, it's a mess getting to the airport and once you are here the good chance your flight is not taking off. about 60% of the flights that are supposed to leave reagan national airport today wo

roberts said the white house appears to be trying to push covid requirements on much of the nation he says that decision should be left to congress, not federal agencies >> it seems to me that it's the government is trying to work across the waterfront, and it's just going agency by agency. i understand the idea that agencies are more expert than congress but this is something that the federal government has never done before. >> the court's three liberal justices appeared to support the measures justice elena kagan said action is needed to address the pandemic >> it is by far the greatest public health danger that this country has faced in the last century. and this is the policy that is most geared to stopping all this >> both cases went to the court on an emergency basis. that means the justices could issue a decision in just a matter of days senior white house correspondent kayla tausche on our top story tonight. >> shep, religious groups asked the supreme court for today's rare emergency hearing to keep the vaccine mandates from large companies from taking effect monday and attor

they knew how even supposedly nonmaga republicans like john roberts, mitt romney, really have as a core belief the idea that states should make it harder for minorities to vote, and it should be harder for all u.s. citizens to vote and the history of jim crow simply isn't applicable here. that is a core republican belief that is something that republicans have believed for many years, and democrats knew this, and the problem is, is that we quite frankly as a party have failed to have an effective message and combat all of the disinformation about this legislation in a way that is remotely effective. >> when you see chuck schumer say in writing, look, we're going to do this on mlk day, and you might be in a more moderate or red state, but you're still a democrat and you're still going to get caught up in the intensity of today of the civil rights movement and substance of it, and whether it's at the level of democratic donors who align with some of these issues or civil rights supporting democratic voters, then that just evaporates. what message is it sending politics to someone like sen

i'm sandra smith. >> john: and i'm john roberts. the story with martha starts right now. >> martha: thanks, guys president good afternoon. i'm martha maccallum at fox news head quarters in new york. the president getting a scathing rebuke from mitch mcconnell after president biden said those that oppose his reforms to the election system were like george wallace and bull connor. that did not sit well with senator mcconnell. watch. >> yesterday, he shouted that if you

it's been like this every two to three days john roberts runs an elephant sanctuary by the mekong more organizations like his, he says, were not consulted by beijing. >> it is like someone turned off a tap >> exactly the days of the long three-month flood, which would have been part of the ecosystem. it has just disappeared completely. >> reporter: china says its dams do not impact the lower mekong and has agreed to share more water data, but is still accused of not giving more warning when it opens or closes the dams so a team in washington, d.c. is trying to help supply information. china does not. >> the mekong is dying a death of a thousand cuts from these dams. >> reporter: the dam monitor uses satellite technology to measure china's reservoir levels and inform people in countries downstream >> whether china will share actual physical data, not data that's observed from afar and not through satellites, it remains to be seen. >> reporter: but local people have been pushing back and winning. this campaigner fighting a proposal to turn the river into a canal for container ships. thes

i'll start by reminding everyone that the supreme court led by chief justice john roberts opened the door to all of these anti-voter tactics by guiding preclearance from the voting rights act, and by turning its back -- getting -- equal justice under law. the first i will read excerpts of an article published in fox on july 21, 2021, entitled how america lost its commitment to the right to vote. the supreme court, justice helena kagan lamented in a dissenting opinion earlier this month quote, has treated no statute worse than the voting rights act. she's right. the voting rights act is arguably the most successful civil rights law in all of american history originally signed in 1965 it is the united states first seriousuc attempt t reconstruction to build a multiracial democracy, and it worked. just two years after president lyndon johnson signed the voting rights act into law, black voteo registration in the jim crow stronghold of mississippi skyrocketed from 6.7% to nearly 60% year and yet, in a trail of cases shelby county versus olde0 and 2013, abbott versus perez in 2018, and bu

roberts. it has led justice sotomayor to attend opening statements virtually. she was nominated by former president trump and has been a justice since 2019. >>> we have many volunteers helping with a food bank. they can answer all your questions, like if you have concerns about vaccines for your younger children, or where to get a testing appointment, they can help you. the number to call so your screen, 833-422-4255. phone lines are open from now until 8:00 p.m. we also have this phone number on our website. >>> verizon and at&t decided to hold on the 5g near airports. aviation regulators and airlines repeatedly, though, raised concerns that it would interfere with safety equipment used to determine the planes's altitude. president biden thanked verizon and at&t for agreeing to delay saying in part, this agreement protects flight safety and allows aviation operations to continue without significant disruption and will bring more high-speed internet options to millions of americans. >>> on cap

the swing votes today were chief justice john roberts and justice brett kavanaugh. one law professor says that the court's decisions left a path open, though for future vaccine and covid testing mandates.

. >> john: got it. i'm john roberts in washington. big afternoon, sandra, we have shannon bream's new reporting after the news that is breaking right now. stay with us. fox news alert, and less than two hours until president biden will take questions from reporters, a rare news conference to mark his first full year in office. >> sandra: a year ago he was all smiles, joe biden bringing a long list of promises, but now nothing more than a politicians' words. >> john: the next 15 minutes, we'll give you a year. a team of reporters will have a rapid fire on five key issues impacting the lives of americans. >> sandra: and martha will be here to make sense why the president's plans are at a standstill, and kick it off on capitol hill. >> john: a live look. that's you. >> sandra: a live look at mitch mcconnell, set to speak soon, the topic what democrats are calling votings rights, leader mcconnell is calling it a power grab by the feds. >> john: the entire measure almost certain to fail because of cracks in the democrat's own party. but fi

hello, john. >> john: john roberts in washington. the mandate requires employees with more than 100 workers to be vaccinated or undergo weekly testing. the high court will rule whether it's a public health order or government overreach. new guidance from the biden administration prioritizing race when it comes to covid treatments. the recommendation advising a person's race and ethnicity could deem them high risk and that could more quickly qualify them for treatments like monoclonal antibodies. >> sandra: peter, you will be in the room, why is race considered with covid treatment options? >> explain on page two of the memo, new york department of health does why they are doing this, why the reasoning is. nonwhite race or hispanic social inequities have resulted in an increased risk of sickness and death of covid-19. but wall street journal says it's unfair or possibly illegal, democrats who control new york reinforce the ethnic divisions that grew during donald trump's presidency. and now the mayor is probing mandatory vaccinations.

i'm john roberts in washington. sandra, good to be spending a friday afternoon with you. >> sandra: we made it, happy friday to you, john. sandra smith in new york. supreme court hearing a two-fold argument. at issue, whether the federal government can force large private companies to either fully vaccinate their workers or subject their staff to weekly tests and mask wearing on the job. justices will look at whether healthcare workers at federally funded facilities must be vaccinated. a decision could come in days and could effect nearly 100 million americans. >> john: more on that. owner of a louisiana grocery store chain part of the coalition challenging the private business mandate, sandra. >> sandra: first to david is outside the supreme court to begin the hour. how are the justices leaning? >> at this point it appears to be a mixed bag. a little bit too early to tell, though, there have been some passionate arguments inside. this is clearly an important day at the supreme court and as you mentioned an importan

i'm john roberts. sandra, good to spend thursday with you. >> sandra: friday eve you usually call it. billions to keep necessary resources to keep the schools open, improved ventilation and other safety measures. that does not seem to be stopping some school leaders from shutting their doors. >> john: hi, gillian. >> gillian: public schools taken $130 billion, to keep schools open during the pandemic but a lot of schools are shuttered. chicago, $1.8 billion in federal covid funding, milwaukee 504 million, atlanta, over 200 million and detroit, almost 800 million. all these school districts currently closed to students citing the omicron surge. on president biden's first day in office he said that $130 billion he would send schools via the american rescue plan would allow them to reopen. so, not only are those recipient schools closed but a new daily wire investigation is finding out they have been real lo -- reallocating, and anti-racism and bias professional development. california earmarked 1.5 billi

john, great to be with you. >> john: john roberts in washington. defense officials suppress u.s. troops would support a nato response force and not sent to ukraine. the who us says the national security team is finalizing plans for all military scenarios. this as the biden administration faces growing calls to sanction russia now before putin makes his next move. >> sandra: more than 127,000 russian troops continue to operate along the massive border there with ukraine, but ukraine's president is trying to reassure the public and world there is no reason to panic. >> john: is there reason to panic or not? former u.s. ambassador to the united nations, nikki haley in moments. >> sandra: and greg, what is the latest you are hearing about the russian threat there? >> as the u.s. leads efforts to try to head off the invasion, we are getting new reports of troop movement and a possible invasion. british officials say 30 train loads of russian train loads and gear are deployed to neighboring belarus. 60 battleground surrounding ukraine, and russian advanced troops said to be already her

chief justice john roberts 78 yes votes. justice kennedy appointed by ronald reagan, unanimous. scalia and sandra day o'connor, also unanimous. president biden says he'll choose an african american woman to join the high court. she would be the first. now, whoever that is, marcus, because we don't know who that is just yet. >> before you go, i know justice breyer said he's actually going to stick around until his replacement is confirmed. is that unusual? >> reporter: you know, that's an excellent question, marcus. as far as my memory serves, it is really unusual. by confirmed, remember, he means approved by the senate. so not just nominated. past retirements have come before the new justice was confirmed. remember, there's nothing saying the court can't work with fewer than nine justices. the tricky thing to me, just thinking theoretically about waiting until the next justice is approved, is that it sets up potential problems theoretically. what if you change your mind and don't step down, for instance? you can't make breyer leave, so what happens then? it's an interesting thou

we in the house passed the john robert lewis voting rights act as well as the freedom to vote act. now today, the senate will take up and debate both bills and vote on the future of our democracy. what is at stake is clear. the current state of voting rights is very clear. all battles have become new again as state legislatures across this nation have erected deliberate barriers to the ballot box in an all-out assault on the right to vote. though we no longer have a poll tax or to count how many jellies are in a jelly jar, we do know that the modern day restrictions are no less pernicious. long lines, closed polling stations, purged voter rolls, bans on early voting, and the list goes on and on. in georgia, it's now a crime to hold out food and water to a -- to hand out food and water to a voter in line. and so i ask you, what are we afraid of? madam speaker, the significance of this moment is not lost on me. for you see, representing alabama's seventh congressional district, voting rights is very personal. people in my district fought, marched, prayed, and, yes, some died for the

and -- and embracing martin's legacy and embracing martin's family, and embracing john robert lewis. but this is a legislative process and the congressional black caucus, for one, has been a enormous and outstanding leader in engaging with all of the senators and all of our members in the house and we voted successfully for both of those bills. i wrote senator manchin a five-page letter, and laid out my life story, the story of my constituents, the story of those of us in the south. those of us whose districts have already been written out because of oppressive, suppressive voting laws. i don't put myself up as the singular important aspect of this but it is the american people. and we gave this process a very long time. but yet, i am willing to give it more. i believe a rolling-talking filibuster is right. i believe senator manchin is wrong and senator sinema is wrong. am i angry at them? no. i want to engage with them and as i engage with them, i want them to take the time to change their mind because we cannot have elections, if you will, that are fair and reputable without these

john roberts only about two years. so appellate experience has been important for many nominees, but not for all. and the other thing i want to mention in terms of the diversity that my colleagues have been referring to, the very first case that's going to be up next october is one the justices just announced on monday that they would take and that tests affirmative action policies at harvard university and the university of north carolina. a very important case, one that involves race-based remedies that justice breyer had wholly supported but many of his colleagues now today do not. whoever president biden puts into that seat will be thrust into the culture wars. who knows whether abortion will still be lingering then or if they will resolve that completely this spring in the mississippi case they have. i wanted to mention those. thinking about the changing face of the supreme court when justice breyer retires he is leaving his post as the senior liberal justice, the liberal wing, of course, is down to just three jus

the swing votes today were chief justice john roberts and justice brett kavanaugh. one law professor says that the court's decisions left a path open, though for future vaccine and covid testing mandates. the supreme court ruling thursday said osha did not have authority to mandate covid vaccines and testing for some 80 million us workers at companies with 100 or more employees. the opinions do allow for osha to be more targeted. that what they could do is say, pick out an industry and say this is an industry that because of the working conditions is such that it's vital to have a vaccine mandates . u c. hastings law professor david levine says that could include industries such as the airlines are factories where workers operate in close quarters, and levin says the court left the door open for state or local mandates. the opinion does say the right place to do. this is at the state and local and private employee level . the ruling comes just before cal osha was to consider vaccine and testing mandates just next week, right caliper cal osha would have voted to put

justice breyer was very good at trying to find common ground with for instance chief justice john roberts. and if you do not have that figure anymore making those efforts, if you have a liberal block that's it made up for radical judges it may actually embolden the conservative majority to take on a more aggressive stance and do more in terms of prudence. i don't see much of the change of a big decisions going more to the liberal side. it could have the opposite effect. >> is very interesting report. as kim said, it was kind of an institutional's he really respect as he said in his leading remarks he really clearly has respect for the constitution, for the institutional history of this country. we seem to have a democratic party that is much more about tearing up those institutions. do you expect that will be reflected in this nominee that biden comes up with? >> i think it will be reflected in the politics we are going to see. we've already seen this to come out in the politics and the tweets and that messaging when they say it there 20 black woman nominee like you said earlier that put

our own colleague, john robert lewis. but i stand on the shoulders of a widow, coretta scott king, who i got to know in the aftermath of her husband's death, and she worked without ceasing to have his principles, his values, his understanding of the beloved community recognized. and to continue the sense of the rightness and righteous j of voting -- of voting. i had the privilege of working for the southern christian leadership conference. it will always be a special part of my history. i had the privilege of working with the names of individuals that we know and the young, hosea williams, james orange, some of the generals and foot soldiers that were in the army of dr. martin luther king's beloved america. yes, i had the privilege -- i call it that -- of walking on plantations to try to register black share croppers, frightened and intimidated, though dignified, to vote. the intimidation was real because those who owned the general store or the plantation were not eager for those blacks in the south to vote or for those

roberts had been working for more than a decade now on trying to end those. so i think that this -- the tact that they've taken up a case, that challenges lower court decisions does not bode well for these national policies, ana. >> this is one to watch for sure. join, thank you. >>> a man on a flight from dublin to new york is accused of wild behavior on the plane, throwing a beverage container and threatening the plane's captain and even dropping his pants. that is next. >>> it sounds like an eight-hour flight from hell thanks to one passenger. 29-year-old shane mchenry is free on bond after being arrested and charged in federal court accusing of refusing to wear a face mask, throwing an empty beverage can that hit another passenger and exposing himself and those are just a few of the disruptions he allegedly caused. cnn aviation correspondent pete muntean joining us now. we know he is from ireland and this happened on a flight from dublin to new york. how did this all start? >> so, interesting we're see seeing the incidents because of mask rules, that is t

. >> conservatives like chief justice john roberts questioned how much power a sweeping requirement would give to the executive branch alone. >> i wonder if it's not there to look at the court as a general exercise of power by the federal government and ask why isn't congress having a say in this ny is the primary responsible the other states? >> the five seemed more receptive to a vaccine mandate for healthcare workers. one concerning take away from any from oral arguments or false statements shared, she found in from her office. >> 100,000 children which we've never had before in serious condition and many on ventilators. >> we have not had 100,000 children serious conditions in u.s. hospitals. according to the cdc. >> the number is around 3000 but according to the cdc, is unclear how many children were brought into hospitals or other reasons and simply tested positive for covid upon arrival. the biden administration is implement think the vaccine requirements next week so a decision could come in days, even hours. eric: we are on god for that. thank you. arthel: more on this, we are br