justice sonia sotomayor, everybody. "just help: how to build a better world" is available wherever you buy your books, but remember to support local and independent book stores. we'll be right back with jim belushi. we'll be right back with jim belushi. ♪ people think l circumstances, means complicated taxes, but for a turbotax live expert like me, it just makes things interesting. so, give us everything you've got. what if i'm a professional gamer with a ton of expenses? if they help drive views, let's talk deductions. what if i'm in a state with no income tax but my survival videos are viewed in 38 countries? i can help and if this is a business dinner, save those jerky receipts. an interesting life can mean an even greater refund. you do your thing, we've got your taxes. intuit turbotax live. you are an electric vehicle. electricity powers your heart. want to feel your heart beat faster? drive an electric car. made by a company whose evs have gone five billion miles. for every highway... every driveway... ...and ev

kagan had 63 votes back in 2010 and sonia sotomayor as well. they had 60 senate seats and 59 in that senate majority, but they were able to peel off some republicans like susan collins, li lindsey graham. a lot has happened in the last dozen years, but there is, assuming some republicans potentially like a lisa murkowski who voted against brett kavanaugh on the court, she could be in play here. there is a lot of opportunity for the democrats to get a replacement confirmed, get their party in line, potentially pick off some republicans as well. this will had still be a huge fight. it will still be a big effort and a huge focus of this senate to get this through but at the moment, john, the chance for confirmation are high. >> you make a key point this puts pressure on the republicans as well. you mentioned senator murkowski, normally a senator who devers to a president's pick unless it's way out of the mainstream. one of the many republicans we will watch as this plays out. manu, stand by. let's bring back in our cnn court watcher joan biskupic.

. >>> now, to the supreme court where justice sonia sotomayor today who has diabetes, a pre-existing condition, took part in oral arguments remotely. this while justice neil gorsuch, again, was the only member to enter the courtroom without a mask. he is also the justice who recently wrote a book decrying the lack of civility in the country. more on this from cnn supreme court reporter ariane de vogue. so the supreme court, what is going on here? >> right, well justice sonia sotomayor suffers from diabetes so she is in the high-risk category here and from the start of the term, at every argument that i have attended, she is always been wearing a mask. the other justices haven't been wearing a mask. but then, in january, when the infection rates really started to soar, the court released a statement saying that justice sonia sotomayor would now be participating remotely. and the court spokesman made clear that she was not ill. well now, sources tell us that sonia sotomayor feels uncomfortable sitting on the bench in her colleagues are un-masked. and they say that she made that concern

. >>> now, to the supreme court where justice sonia sotomayor today who has diabetes, a pre-existing condition, took part in oral arguments remotely. this while justice neil gorsuch, again, was the only member to enter the courtroom without a mask. he is also the justice who recently wrote a book decrying the lack of civility in the country. more on this from cnn supreme court reporter ariane de vogue. so the supreme court, what is going on here? >> right, well justice sonia sotomayor suffers from diabetes so she is in the high-risk category here and from the start of the term, at every argument that i have attended, she is always been wearing a mask. the other justices haven't been wearing a mask. but then, in january, when the infection rates really started to soar, the court released a statement saying that justice sonia sotomayor would now be participating remotely. and the court spokesman made clear that she was not ill. well now, sources tell us that sonia sotomayor feels uncomfortable sitting on the bench if our colleagues are un-masked. and they say that she made that concern

correct the record. >> what do you guys think about sonia sotomayor false claim 100,000 children are in serious condition, many on ventilators? >> i will not speak to supreme court arguments or statements made in the arguments. i will tell you what is at stake here is our effort to protect health workers and most importantly, protect patients. >> now a republican group led by house minority whip steve scalise and james comer looking to probe leaders on the biden covid response team, scathing letter to the president writing in part, "tragically, almost 100,000 more americans died in 2021 than in 2020," this is confounding considering president biden inherited vaccines, millions with natural immunity and well established testing apras u james comer will join "fox and friends first" later. >> todd: matt, thank you. happening today, president biden hitting the road to sell radical plan to overhaul our election system. >> carley: that is right. griff joins us live, some plan to stand up to the president. good morning. >> that is right, the president hoping to pressure lawmakers into break

it was certainly nonsense when republicans trotted out all these lines against sonia sotomayor in 2009. and i want to be clear about something here. obama never, ever said he would nominate the first latina to the supreme court. he never said he had a specific criteria for who he would pick. but when he selected sonia sotomayor, republicans and conservative commentators immediately accused her of being an affirmative action hire, of being a mediocrity who only secured her spot because of her race and gender. this is a woman who had served on a district court, had extensive trial experience who served as a prosecutor, who served on a court of appeals. she was one of the most experienced judges in the entire judiciary, but republicans accused of her being unqualified. i think it is long pastime that we stop taking these complaints seriously and just all agree that any woman of color nominated to a position of power is deemed presumptively unqualified and mediocre by a large segment of the population. >> kim, to margaret's point about diversity, diversity isn't just lacking inside the sup

sonia sotomayor is going to join us live. the message she's sharing in a new book for kids that's important for everybody to hear and her mom who is right there is the inspiration for it. we'll tell you about that. chat with the justice in just a couple of minutes. but first, a check of your local news, weather and these messages >>> a very good morning to you. it is now 8:26 on your tuesday morning. i'm laura garcia. >>> a family is pleading for help to solve a deadly shooting in a strip mall in antioch. it happened along delta fair road and gentry town drive. the victim's fiancee identifies him as 50-year-old victor kennard coleman. police say witnesses did not get a good enough look at either the gunman or his car. investigators are now scouring surveillance video looking for evidence. >>> let's get a look at our forecast with meteorologist kari hall. it's a cool start to our tuesday morning. >> yeah. we've seen those temperatures dropping down into the 30s, but at least we're also seeing the fog clearing out, and with the

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 s

sonia sotomayor is the person constantly making that connection, in the dissents she's been writing in the sb-7 texas bounty hunter case. >> i think they will be writing dissents, and is going to be keep to have a black woman's voice, a black person who understands what it's look to be black in america. which clarence thomas clearly does not. >> justice breyer will still be a cart of the court as looming decision on mississippi's 15-week abortion ban, which has been cast as a bellwether for the future of roe versus wade. do you think we are still in a situation, did that it could essentially be overturned later this year? >> absolutely. there's been some scuttlebutt among legal scholars and court watchers that perhaps this retirement in january -- very uncommon for a justice to retire in january. they usually do it closer to the end of the term. we are in a situation where we may have confirmation hearing while breyer is still sitting. it's not going to affect any of the cases on the docket. i do think we are in for a flat-out reversal of roe versus wade, or at least a gutting to a poi

sonia sotomayor revealed she's an idiot. people who would think the way she thinks are also idiots and these people have an incredible amount of power over our lives because not -- because they have to be given these positions for one reason or another. we have to remind ourselves this is not just a harmless disinformation. she didn't tell a little white lie. she told a lie about 100,000 children. you i'm the father of three young kids myself. that disinformation i'm sure caused a ton of hysterical liberals to double down on their lockdown and school closure policies which of course affects our entire country. these people are disconnected from reality and they are disconnected in a way that's ruining our lives. >> tucker: so what do you think? i will say, you went to yale law school which i think has produced more supreme court justices lately than any other. you're familiar with this world, the conservative part of it. what do you think the chances are it is up in court upholds what is clearly unconstitutional, terrifying

sotomayor tiene una faceta de escritora. acaba de publicar un libro sobre claves para construir un mundo mejor mi compañero julio baqueiro habló con la autora. >> por qué le parece importante escribir el libro? >> nosotros de compañeros de jueces. le hablan a abogados. y yo pensé qué quiero? quiero inspirarlos a ellos que hagan lo que yo no puedo hacer sola. yo no puedo cambiar el mundo sola no hay ninguna persona que lo pueda hacer tenemos que hacer juntos. >> que grande la jueza. no se pierde la entrevista completa no pierde la entrevista completa no se vayan breve tenemos más ¡abre los ojos! y llévate gratis cualquier bebida que venga pierde la entrevista completa no se vayan breve tenemos más en un vaso de wendy's con un breakfast sandwich. ¿café o diet coke? gratis. ¿frosty-ccino? of course... gratis. con la compra de cualquier breakfast sandwich disfruta tu bebida de wendy's gratis. elige bien. elige wendy's. en cvs pharmacy buscamos ahorros en tus recetas. y solo por surtirlas recibes recompensas. ahorra

. >> emily: supreme court justice sonia sotomayor or facing intense criticism for making false claims about child of covid hospitalizations in the united states. she made the comments during oral arguments during president biden's controversial vaccine mandate for private businesses. listen to this. >> we have hospitals that are almost at full capacity with people severely ill on ventilators. we have over 100,000 children which we've never had before in serious condition, and demanding on ventilators. >> emily: fact-check, not true. less than 48 hours later, cdc director rochelle walensky publicly contradicted justice sotomayor or on "fox news sunday." >> we don't have 100,000, it's roughly 3500 and hospitals now. >> yes. in fact, what i will say, while pediatric hospitalizations are rising, they are still about 15 fold less than hospitalizations of our older egypt demographic. >> kayleigh: if this is just stunning emily to have a cdc contradicting not a tv host but a sitting supreme court justice. i was in the white house at the start of the pandemic, and going back to april 2020 wit

sonia sotomayor revealed she's an idiot. people who would think the way she things are also idiots in these people have an incredible amount power over our lives because not -- because they have to be given these positions for one reason or another. we have to remind ourselves this is not just a harmless disinformation. she didn't tell a little white lie. she told a lie about 100,000 children. i'm the father of three young kids myself. backed disinformation i'm sure caused a ton of hysterical liberals to double down on their lockdown and school closure policies which of course affects our entire country. these people are disconnected from reality and they are disconnected in a way that's ruining our lives. >> tucker: so what do you think? i will say, you went to yale law school which i think has produced more supreme court justices lately than any other. you're familiar with this world, the conservative part of it. what do you think the chances are it is up in court upholds what is clearly unconstitutional, terrifying attack

sonia sotomayor and elena kagan, in the vaccine mandate case that came from the biden administration and dissents in the decisions allowing the texas abortion ban to stay in place. so justice breyer has been outspoken but there is still a lot more work to do in this term and now there's work to do for the white house, determining who will be the next nominee. we understand that there are probably two names leading contenders. president biden pledged to put in place a black woman. we've learned through sources that ketanji brown jackson is on the circuit court of appeals is a leading contender along with leondra kruger. a lot to come in this term before justice breyer steps down, ana. the real work begins for the white house and democrats here. >> jessica schneider, thank you for your reporting. we'll come back to you as you gather more details. chief legal analyst jeffrey toobin, gloria borger, we just heard jessica lay out what's happening at the supreme court, some of the reasons perhaps behind this decision, but this is big news for the biden administration and for democrats. what

[music] [music] [music] ♪ ♪ [mÚsica] ilia: esta maÑana hablÉ con la magistrada sonia sotomayor, que lanza su nuevo libro para niÑos. esto es parte de lo que hablamos. ilia: gracias, magistrada. usted ha enfocado sus libros en niÑos. por quÉ? >> los niÑos son nuestro futuro. no hemos hecho un buen trabajo en el mundo y yo quiero darle el entendimiento a los niÑos de que ellos sÍ pueden hacer un mundo mejor. ilia: usted menciona el proceso de votaciÓn la democracia. por quÉ es importante que los niÑos aprendan de este proceso? >> si uno no protege la democracia, la pierde. es el trabajo de cada persona en una democracia de que tenga tiempo para protegerla. el voto es la primera forma de proteger nuestros derechos. ilia: la primera vez hablamos en persona y esta vez en una vida llamada. cÓmo la lleva la pandemia? >> yo soy diabÉtica y puede ser grave para mÍ. yo tengo mucha salud. no tengo miedo a morir, pero me puede enfermar mucho. estoy teniendo mÁs cuidado para protegerme. ilia: estÁ trabajando en persona o en remoto? >> estoy participando en la corte desde mi oficina. ilia

why do you think about covid misinformation coming from the supreme court and sonia sotomayor sonia sotomayor's false cleanse over 100,000 children are in serious condition, venting on -- many on ventilators. speak i'm not gonna speak to supreme court arguments were statements made in the arguments. >> sean: hundred thousand kids, 750 million americans. peter doocy pressed jen psaki and why joe biden was so unprepared. we didn't see it coming, he said. >> why are you so unprepared for the need for testing after the holidays? >> peter, i'm happy to see you back and well. there has been a massive surge in cases, as you know and we are a part of in d.c. and new york and there has been an unprecedented, and other parts of the country as well. there has been an unprecedented demand for tests. >> the president talked about the winter. at the rate you are going, tests won't be available until spring. will you admit these free tests as promised are not going to be ready until after the omicron surge? stick i think i gave an update earlier that we will start to have tests up during the coming weeks very

i -- i don't see how it is possible. >> sotomayor -- sonia sotomayor is warning that the credibility of the supreme court is on tlien, arguing the most important reason why abortion rights are in jeopardy is because the composition of the court has changed, not the merits of the case. just listen to how the court's conservative justices have been weighing the case that could to topple roe, mississippi's restrictive abortion law. >> if it really is an issue of choice, why is 15 weeks not enough time? >> the fetus has an interest in having a life, and that doesn't change, does it? from the point before viability to the point after viability? >> the reason this issue is hard is that you can't accommodate both interests. you have to pick. that's the fundamental problem. >> that last voice you heard, brett kavanaugh, a trump-appointed justice, sounded inclined to uphold mississippi's 15-week ban. but back when he was being confirmed, he emphasized the importance of precedent. >> what would you say your position today is on a woman's right to choose? >> as a judge -- >> as a judge. >> as a

why do you think about covid misinformation coming from the d supreme court and sonia sotomayor? sonia sotomayor's false claims that over 100,000 children are in seriousso condition, many on ventilators. >> i'm not gonna speak to supreme court arguments or statements made in the arguments. >> sean: hundred thousand kids, 750 million americans. peter doocy pressed jen psaki and why joe biden was so unprepared. we didn't see it coming, he said. >> why are you so unprepared for the needed for testing after the holidays? >> peter, i'm happy to see you back and well. there has been a massive surge in cases, as you know and we are a part of in d.c. and new york and there has been an unprecedented, and other parts of the country as well. there has been an unprecedented demand for tests. >> the president talked about the winter. severe illness and death. at the rate you are going, tests won't be available until spring. will you admit these free tests as promised are not going to be ready until after the omicron surge? >> i think i gave an update earlier that we will start to have tests u

sotomayor did not return to the courtroom with her colleagues today for the argument with coronavirus surging again in the capital. she responded remotely from her office. global news 24 hours a day, on-air, and on bloomberg quicktake, powered by more than 2700 journalists and analysts in over 120 countries. this is bloomberg. ♪ jon: i'm jon erlichman. welcome to bloomberg markets. >> here are the top stories we are following for you from around the world. the u.s. and candidacy record jobs growth, rebounding strongly from unprecedented losses. we discuss how payrolls put more pressure on the fed. labor shortages sweep the restaurant industry as covid cases search, wages rise, all in an attempt to attract workers. we will talk to tom colicchio, the owner of crafted hospitality. citigroup taking an aggressive approach amid the covid search imposing a no jab, no job mandate for employers. jon: that will be a helpful conversation. the major averages have danced around a little bit and what has been a tough week on the s&p 500 , set to have a negative one. the interest-rate story plays

in the questioning, justice sonya sonia sotomayor made this statement. >> we have over 100,000, which we've never had before, in serious condition and many on ventilators. bret: now, documents we can find from friday suggests there are fewer than 3500 current pediatric hospitalizations from covid-19. is that true? >> yeah. but, you know, here's what i can tell you about our pediatric hospitalizations now. first of all, the vast majority of children who are in the hospital are unvaccinated. and for those children who are not eligible for vaccination, we do know that they are most likely to get sick with covid if their family members aren't vaccinated. so the most important thing we can do for those children to keep them out of the hospital is to vaccinate them and their family members around them -- brent breath understand. but it's roughly 3500 in hospitals now. >> yes. there -- and, in fact, what i will say is while pediatric hospitalizations are rising, they're still about 15-fold less than hospitalizations of our older age demographic. bret: do you have a number of children on vent

i -- i don't see how it is possible. >> sotomayor -- sonia sotomayor is warning that the credibility of the supreme court is on the line, arguing the most important reason why abortion rights are in jeopardy is because the composition of the court has changed, not the merits of the case. just listen to how the court's conservative justices have been weighing the case that could topple roe, mississippi's restrictive abortion law. >> if it really is an issue of choice, why is 15 weeks not enough time? >> the fetus has an interest in having a life, and that doesn't change, does it? from the point before viability to the point after viability? >> the reason this issue is hard is that you can't accommodate both interests. you have to pick. that's the fundamental problem. >> that last voice you heard, brett kavanaugh, a trump-appointed justice, sounded inclined to uphold mississippi's 15-week ban. but back when he was being confirmed, he emphasized the importance of precedent. >> what would you say your position today is on a woman's right to choose? >> as a judge -- >> as a judge. >> as a

what should we expect timewise, amy coney barrett or sonia sotomayor? >> if that person is seeking the supreme court, then they know quite a lot about that person, and that can being taken into consideration. if there's no new developments 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. >> it's interesting to me, you just said it depends if they've been before a committee before. katanji brown jackson, she's been there before. based on that, do you think she should be a frontrunner for this p

you know, i thought you were really tough with her in terms of, you know, what did sonia sotomayor say on the supreme court, is that right, because it is so important, these decisions coming down, but the critical point i made and she made, i should say is that she said you know, thank you, bret, for asking this question about whether the american people have more or less confidence two years in the cdc two years into this pandemic and she said thanks for that question because she said look, it's an evolving issue. the science is evolving, the crisis is evolving and i'm trying my best. and on that level, you know, i guess that's the best she could do. you know, people do have questions about the extent to which we should quarantine, whether or not a negative test is required. there's no question about the efficacy of the vaccine itself, about masking, social distancing. we still have -- i think last week it was three quarters of a million people, you know, getting sick with this covid so this is an ongoing pandemic but she did the best she could with tough questions. >> bret: all right

i'm sure that will come up, but, you know, remember in the sonia sotomayor case what seemed to potentially trip her up and eventually turned out not to be a big deal was a speech where she said the whole "wise latina" comment and she had to explain that away. it takes a while for these things to surface if, indeed, they're going to surface. >> maya, you're like, judge brown jackson has been through this process with this senate, i could argue a supreme court justice from california, so localized, it will be hard to nationalize things she's done. when you're looking at those vetting things, any yellow flags you see? >> i don't see any, and i think the reality of the politics of this nomination is not going to be about their actual records, just like the "wise latina" kerfuffle for sonia sotomayor. all she was saying is it does matter what our experiences are that we bring to the bench, and her and president biden talk about experience today. experience also includes lived experience, how we understand the facts we are hearing, how we understand the application of the law. that's what a judg

sotomayor. in recent years the court became an ideological battleground, creating a super majority, and breyer often mediated between extremes. >> justice breyer used to say, dissents are a defeat. it means that you've failed to reach common ground. he always tried to do that with justice scalia and chief justice roberts and the other conservative voices on the court. >> reporter: appointed in 19 thor by bill clinton, breyer was a critic of the death penalty, a fierce defender of abortion rights. during the court's latest term, he voted to uphold the affordable care act, and joining every major supreme court decision in favor of lgbtq+ rights during his tenure. later this year, the court will vote on the landmark mississippi abortion law which could dramatically restrict a woman's right to an abortion, an issue close to breyer's heart. >> i expect justice breyer's last opinion, one of his last if not the last opinion, to be a fierce dissent. he'll leave the court on i think a sad note, because h

and if the next supreme court justice is in fact a black woman, she'll join justices sonia sotomayor and elena kagan, meaning all the liberal justices on the court will be women. anne-marie? >> that's interesting. bradley blackburn in new york, thank you. >>> now to the latest on the standoff between russia and ukraine. president biden talked with ukraine's president yesterday. mr. biden warned that russia could take military action against ukraine next month. but ukraine is telling the u.s. to tone down the rhetoric. holly williams reports from kyiv. >> reporter: the u.s. says the ball is now in russia's court. moscow continued its buildup near ukraine's northern border in belarus. for what it says are military drills. russia's demanding security guarantees, including the rolling back of nato forces from eastern europe, and a ban on ukraine joining the alliance. the u.s. and its nato allies say they cannot agree to either. the american ambassador to russia hand delivered a written response. the kremlin says the u.s. had not addressed its main concerns, and likened the current situat

meanwhile the wise latina sonia sotomayor gets a pass on it. put of african-american museum in washington, d.c. he wasn't in it. that would never happen to sonia sotomayor to the new hispanic museum they are doing there in washington, d.c. funded by this congress. so, there are so many hypocrisies on the way conservatives are treated. but especially conservative minorities, liberals have a special punishment for them and poor clarence thomas has been the victim of it many, many, many times. we are going to move now to crime in new york city. the nypd commissioner seawell has been emailing her police officers saying listen, i'm very concerned about the policies that are new d.a. is putting forward. she said i have studied these policies and concerned about the implications of safety of police officers. the safety in the public and justice for the victims. i am making my concerns known to the manhattan district attorney and hope to have frank and will discussions to try to reach more common ground. particularly, she is concerned that this new d.a

cdc director dr rochelle walensky was forced to correct supreme court justice sonia sotomayor, who claimed last week that there were roughly 100,000 children hospitalized with covid-19. today on fox news sunday, dr walensky confirmed there are actually fewer than 3500 kids with the virus in hospitals. comparatively the risk of death is small, but of course you know children are supposed to die. so you know if we have a child who's been who is sick with covid 19? we want to make sure that they we want to protect them. we will have more on dr walensky, the supreme court and the federal vaccine mandates set to take effect tomorrow, coming up a little bit later in this newscast. it was a bit of a cold one, especially inland today. i mean around the coast. we had plenty of sunshine and around the bay, but it was chilly, and that's because all that fog that built up overnight in the last couple of days in the central valley in place like annual cognac only had 54 degrees for a high livermore 51. so the winds were blowing this way in the winds blow this way they bring in that cooler air into plac

sotomayor or? >> tomi: that is interesting and it dovetails into what guy was saying earlier, there are rumors floating around already, the short-list potentially includes one of the judges that i mentioned earlier, and also, that was judge khatami brown jackson and also california supreme court justice leandra kruger. but yes, they are progressive, one appointed by obama and to your point, ideologically, yes, they are further to the left than breyer. however breyer's jurisprudence was incredibly progressive frankly, he was in no way a swing but vote by any means and i think filling that position would definitely be a square with a square, if you chose someone in that ideological event. we call as well that as we let up to this moment there was a respectful distance frankly that many in the democratic party, including and especially the president, were giving justice breyer. however we know that we are calling people to retire and fear and concern that they would miss that vote, however this presid

. >> reporter: an extraordinary argument amid the surge of the latest omicron variant, justice sonia sotomayor, who is not ill, opted to participate in the arguments remotely, as did two lawyers arguing against thend e firsme, a majority of the justices, with the exception of justice neil gorsuch, wore masks. in the past, the court has allowed various efforts to mandate vaccines at the state level, but in these cases, conservative justices seem skeptical about handing that sweeping power to federal agencies. >> this is something that the federal government has never done before, right, mandate vaccine coverage? >> reporter: and there were practical questions to the requirement that some 80 million private employees get vaccinated or have weekly testing. >> is the testing alternative viable at the present time in light of the stories that we see about the long lines that are required to be tested? >> reporter: the justices seemed less skeptical of the more targeted mandate, which would require vaccines for more than 17 million healthcare workers at facilities that get federal medicaid

. >> reporter: an extraordinary argument amid the surge of the latest omicron variant, justice sonia sotomayor, who is not ill, opted to participate in the arguments remotely, as did two lawyers arguing against the mandates, who tested positive. and for the first time, a majority of the justices, with the exception of justice neil gorsuch, wore masks. in the past, the court has allowed various efforts to mandate vaccines at the state level, but in these cases, conservative justices seem skeptical about handing that sweeping power to federal agencies. >> this is something that the federal government has never done before, right, mandate vaccine coverage? >> reporter: and there were practical questions to the requirement that some 80 million private employees get vaccinated or have weekly testing. >> is the testing alternative viable at the present time in light of the stories that we see about the long lines that are required to be tested? >> reporter: the justices seemed less skeptical of the more targeted mandate, which would require vaccines for more than 17 million healthcare work

[ cheers and applause >> seth: i want to thank my guests, justice sonia sotomayor, jim belushi, and michael schur i want to thank elena bonomo, the 8g band. stay safe, get vaccinated, get boosted, and we love you ♪ ♪ >>> there is no other law like it. we're following breaking news. tonight late night vote ipsan jose over whether or not gun owners should have to buy liability insurance, and will this end up the supreme court? >>> plus up in flames. we're learning about the raging fire in the south bay. >>> and it happened in a matter of seconds. intense look at a video of a smash and grab robbery at a peninsula jewelry store. >> i really want to express my feeling i feel totally unsafe. >> feeling for his safety what the owner did to scare the thieves away. >>> also a candid conversation with a doctor, are we on the other side of the surge and what happens next? you'll want to hear what she has to say. >>> we begin with breaking news. own a gun in san jose and you will need insurance. in the past 30 minutes the city passed a first of its kind nation gun law. gun owners will have to pay a

dissenting justice sonia sotomayor said it was a grave disservice to women in texas who have a right to control their own bodies. predicting how the supreme court is going to rule is always dangerous. justices can change their minds. so we won't know until we get a decision, probably in june, whether this will be the last time they're marching to overturn "roe." norah. >> o'donnell: jan crawford at the court tonight. thank you. threats against local election officials have skyrocketed. a new justice department task force is looking at 850 cases and is is planning to enhance security for workers who face those threats. here's cbs' jeff pegues. >> reporter: investigators say 54-year-old chad stark, arrested today in texas, was angry about the results of the 2020 election. and cbs news has learned he threatened georgia officials, including republican secretary of state brad raffensperger and republican governor brian kemp. >> the election was totally rigged. >> reporter: both were being pressured by former president trump to overturn the election results in the state. >> the secretary o

dissenting justice sonia sotomayor said it was a grave disservice to women in texas who have a right to control their own bodies. predicting how the supreme court is going to rule is always dangerous. justices can change their minds. so we won't know until we get a decision, probably in june, whether this will be the last time they're marching to overturn "roe." norah. >> o'donnell: jan crawford at the court tonight. thank you. threats against local election officials have skyrocketed. a new justice department task force is looking at 850 cases, and is planning to enhance security for workers who face those threats.e those threats. here here's cbs' jeff pegues. >> reporter: investigators say 54-year-old chad stark, arrested today in texas, was angry about the results of the 2020 election. and cbs news has learned he threatened georgia officials,ci, including republican secretary including republican secretary of state brad raffensperger and republican governor brian kemp. >> the election was totally rigged. >> reporter: both were being pressured by former president trump to overturn

for the paris, justice sonia society society my -- sotomayor pushed back on the word mandates. she and justices breyer and kagan indicated they will support the requirements. >> more and more people are getting sick every day. this is the policy that is most feared to stopping all this. >> reporter: so on the other hand, conservatives like chief justice john roberts questioned how much power such a sweeping requirement gives to the executive branch alone. listen. >> i wonder if it's not pair 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, it be the primary responsibility of the states. >> reporter: the five conservative justices seemed more receptive to a vaccine mandate for health care workers. one takeaway were the false statements shared by justice sonia sotomayor who phoned in to the hearings from her office. >> we have over 100,000 children, which we've never had before, in serious condition and many on ventilators. >> that's not true. we hav

. >> justice sonia sotomayor also pushing back. >> why shouldn't the federal government have a national rule that will protect workers? >> this is something the federal government has never done before, right? >> new data collected from one million fully vaccinated adults before the emergence of omicron shows more than a fraction of a percent of adults suffer severe covert illnesses and an even smaller percentage died. >> the overwhelming number of deaths, over 75%, occurred in people who had at least 4 comorbidities, so really, these are people who were unwell to begin with. >> despite new pressures from six of president biden's former advisers saying the virus is here to stay and the administration needs a new strategy, president biden defiant. >> we have so many more tools for developing. >> the white house and usps have agreed on a plan to mail out rapid covid tests to americans, but it is still unclear when the tests will be available and how many each household can get. >> we are in a moment in this pandemic where it is difficult to sort out what you should and should not feel com

sonia sotomayor who is basically getting her covid information from the bottom of the facebook comments page and she is going to rule on something that really matters? at a point when the vaccine mandate was for the delta variant and is now obsolete. because the vaccines don't help with omicron. that's what everybody's getting. apparently pfizer says there vaccine for omicron will be ready in march. that might be helpful for next year but we are going to get the peak of this in the middle of the month. i think the white house would be better off withdrawing the mandate because they are going to take a loss in the supreme court and for what? it might actually hurt them in the long run when it comes to federal agency overreach. that might be a good thing for conservatives. if i were in the white house fighting fires everywhere, i would take that off the table. >> greg: dana is right. maybe omicron has slayed the vaccination mandate argument. we knew that it was unconstitutional but it seems like, how are they going to argue this now and the people who are double and triple vaxxed are spre

joining now is nbc news justice pete williams and former law clerk to sonia sotomayor and msnbc legal analyst. pete, what can you tell us what this means for the former president's ability to block other documents? >> he's now in a bad position to block any further documents by asserting executive privilege. the supreme court really didn't say much. we don't learn -- we learn almost nothing about the big question that always hung over this case, how much power does a former president have to assert executive privilege. the supreme court said whatever the court of appeals said in this case is just their own view of it, it has no force of law, but in any event, the supreme court did say that even if he were still the president, it would have been difficult to block the documents going forward. i think it's a blow to his ability certainly. he can't stop these documents, the committee already has them and i think the handwriting's on the wall for any further attempts to block future documents from archives. >> and melissa, what is the significance of these documents? what do they mean for

. >> there's also a new and interesting interview today, just today, with justice sonia sotomayor, asked if the justices worry themselves about public perception of the court, public concern that its credibility is falling. i want to play for you what she said. >> one of the hardest things about our work is that there are no easy answers. reasonable people can disagree. in fact, we only take cases when there are circuits, i shouldn't say only but broadly, most of our case docket is when the courts below have disagreed and because of that, obviously, just as the larger society disagrees about the answers to some of our problems, so does the court. and if you bear that in mind, perhaps the public can be more accepting of the kind of work we do. >> what do you think of that? >> i think what's so interesting about that is that all the justices, without regard to politics, have this tremendous desire not to, what they call, foul the nest. they never want to damage the institution of the court, even as they disagree so passionately. compare with justice sotomayor said on "the today show" to th

sotomayor. very racialized, very misogynistic to these attacks. i would say after the nomination of amy coney barrett, and they said we should nominate her because she's a woman and it will look better when we overrule roe v. wade. amy coney barrett had a very thin resume. she only served three years as a judge. it would be very rich and it would not be surpriing if they had the hutzpah to attack a woman after the amy coney barrett situation. we know it is black women and women of color generally who are disproportionately affected by these restrictions and who suffered disproportionately from the highmore at that time rates in this country. so, unfortunately, even if the court guts roe v. wade, it may not be the end of the story. we know for sure the court has affirmative action in crosshairs even if it is dissent for the black people in the room will be incredibly reticent, even if it is a fun job. >> that's the big picture, right, is that these decisions are being made about the lives of blac

. >> as you point out in your piece, sonia sotomayor, brett kavanaugh, stephen braille have all recuse themselves when friends or family have been in a case that came before the court. but clarence thomas is never done that for a case that involved a group linked to jeanne, his wife. were you surprised to see clarence thomas as the only justice to oppose releasing trump's records. just weeks after his wife was attacking the committee? >> to me, the issue is that it suggests that he's not judging issues fairly. he may be -- it raises questions, at least, about whether he's favoring his wife's political activism. i think, that's dangerous, as he said for himself, for the court. you really need the country to look at that incredibly court and cord, and trust is doing its best, whatever direction it comes from ideological, eta arrive a justice, and a fair decision. the problem with johnny thomas's activism is that it's almost impossible to see all the things that she's involved with, that are in front of the court, and not have some questions whether it taints his point of view. >> a lot o

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 participated from her chambers. justice sotomayor has had type one diabetes since childhood, putting her at higher risk for developing serious calm implications if she's infected with covid-19. court sources told npr, with the omicron surge, just as sotomayor did not feel safe in close proximity to people who were unmasked. chief justice john roberts, understood that, and quote, as the justices to mask up. as you can see in the court sketch, justice gorsuch, who sits next to justice sotomayor, was the only want to refuse that request. and pr reports, his continue refusal to wear a mask is also meant that sort of my or has not attended the justices weekly conferences in person, joining us said by telephone. so, you can say that the lack of some sort of rule, with chief justice roberts could've been used on the court, as an occupational hazard for just a sort of my your. it's changed your workplace, made it less safe. it just so happens that the argument that the court heard, on the first day back, after the holiday b

. >>> moving on, coming up next, supreme court justice sonia sotomayor working apart from her colleagues to protect her own health. we'll tell you why. >>> heart-pounding moments that the police officer rushes into a burning building . ish i. >>> this morning an unusual rift in the u.s. supreme court. justice sonia with diabetes took part in oral arguments via zoom because of gorsuch refusing to wear a mask. nina, thanks for joining us this morning. what happened here? >> well, she has diabetes so she's at risk for serious illness or death if to catch covid and zest been quite aggressive about protecting her herself, the court only went back to work this fall when cases were way down and now they're way up and she made clear to the chief justice and others i assume that she really would not be there in the court room in person if other members of the court weren't wearing a mask. i mean, everybody else in the courtroom you understand is wearing a mask. it's only a select group of reporters and the court staff and we all wear masks and the court has not been wearing masks but given the up

. >>> during supreme court oral arguments over president biden's mandates justice sonia sotomayor made a false claim about child hospitalizations. >> those numbers show that omicron is as dead ly and cause as much serious in the unvaccinated as delta did. we have over 100,000 children, which we've never had before in serious condition and many on ventilators. >> cnn's daniel dale has a fact check. >> the justice was just plain inaccurate here. according to the latest federal data, there are actually about 5,000 people under the age of 18 in u.s. hospitals with cases of covid-19. that is far from over 100,000, and not all of those roughly 5,000 are in "serious condition." now the justice could have correctly said that the number of u.s. children in hospital with covid-19 is at a record level, and she could have said that the rate is rising sharply, but over 100,000 in serious condition? that's just wrong. john and breeja that? ? brianna. >>> people have died after a huge slab of rock fell off of a cliff on to several tourist boats below. cnn's matt rivers has more on this. >> i'm matt r

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 -- 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 some time 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 name at

. >> 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

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 a good time g jackson. there's a judge in south carolina has been nominated for the appellate court down the