i was told the story that justice scalia, his first day, it is now a hot bench, and it was not as much before. paul can clarify, but the story is told that at least on the very first day when justice scalia was on the bench and he is asking question after question, one of the justices, a very polite lewis powell leans over to thurgood marshall who sat next to him and says, do you think he knows we are here? that is the story i've heard. susan: you have made the story that the court wanted here the best arguments on both sides. one viewer tweets, "they needed something more than a twentysomething." akhil: that is the call of florida with all its resources , it could've picked anyone. so maybe it was a problem for florida. they could've sent a team of lawyers. susan: can you encapsulate the arguments made by each side? paul: i will try. i will try with the florida side -- fortas side. he knows he is in a position of strength, so he needs to do a couple things. he needs to make clear to the court that this is the right case to overrule betts v. brady. he is in an odd position, because the

for justice scalia to make that quote now is very scary. that why -- that is why it is so important that we teach these lessons of history, so that we do not keep making these mistakes. supreme court rule should not be in times of war, the law falls silent. there is nothing wrong with the constitution, as people try to change it, it is some of the people who try to interpret it for their own use. my father felt like it applied to him, as it should for all americans. susan: another lesson about the court is that people can appeal cases. korematsu got to make it. what do you say about that? peter: you can take your case the highest court in the land. but that does not mean they will hear the case, they only hear about 1% of the cases that are brought up. or that they will rule in your favor. getting to the supreme court is the first step. the most important thing is how the court decides the case and what the lasting consequences of that are going to be. i don't think justice scalia was endorsing the interment or the korematsu decision. in fa

justice scalia: i would have sent that guy to jail if i was king. [laughter] >> but you are ruling that you -- he had the right to burn the flag. justice scalia: yes, you have your right to express content -- express your contempt for the government. it does not mean it was a good thing for him to do that, in that manner by burning a symbol that meant so much to so many other people. but he had the right to do it. susan: two of the justices on today's supreme court talking about the evolution of free speech in society. he said that the schenck case was an opening salvo on the modern discussion on the right to speech. where are we today? thomas: we are in a much more protective place for free-speech. we like ideas. some people think it goes too far, because for example, it prevents the right for campaign contributions. cases like citizens united can be very controversial. but in general, the supreme court says if you want to communicate with people, we are going to protect you. if your ideas are bad, they are going to be rejected. we are not afraid o

and someone like scalia would just not make it today. that is how you get the nominations of people like neil gorsuch. he was known for his expertise in administrative law. brett kavanaugh certainly was more focused on ministrant of law than -- on administrative law than any other area of law. so the priorities of the conservative movement have changed. as far as the second part of your question, will, i guess harmonizing is maybe what you're asking, what i'm calling congregated originals and with traditionalist originals him. so, look, i will try to make this quick. there are three strands of broadly speaking originalist thoughts in the modern conservative legal movement. there is quote unquote conservative original is him -- originalism. kind of a positivist approach. that there is one right answer. you have to get it. that has been conservative originalism. there is more libertarian originalism. randy calls it the quote resumption of liberty. randy gets also as of libertarian conclusions aced on his assumptions that i find preposterou

and someone like scalia would just not make it today. that is how you get the nominations of people like neil gorsuch. he was known for his expertise in administrative law. brett kavanaugh certainly was more focused on ministrant of -- on administrative law than any other area of law. so the priorities of the conservative movement have changed. as far as the second part of your question, will, i guess harmonizing is maybe what you're asking, what i'm calling congregated originalism and with traditionalist originalism. so, look, i will try to make this quick. there are three strands of broadly speaking originalist thought in the modern conservative legal movement. there is quote unquote conservative originalism. kind of a positivist approach. it emphasizes judicial restraint, that there is one right answer. you have to get it. that has been conservative originalism. there is more libertarian originalism. my friend randy calls it the quote resumption of liberty. randy gets also as of libertarian conclusions aced on his assumptions that i f

wrote the majority, he talked about assault style weapons in that case, justice sc scalia. and what he commented on is those kind of weapons that have the ability to kill indiscriminantly as many people as quickly as possible there is a proper role for regulation of that. this judge has distinguished himself by putting himself on the fringes, which is exactly where the bankrupt, morally bankrupt and actually bankrupt national rifle association is. they have been marketing these weapons of war to americans across the country because they want to increase that market not just here but outside of the united states as well. and americans, american kids, moms and dads, real people pay the price for that every single day. >> well, in your view i wonder what do you believe is the motivation of this judge, what do you believe his justification is particularly when we're talking about this law that has banned assault weapons. it's been in place in california since 1989 and you underscore the spate of violence that this nation has experienced in the first six months of this year alon

. >> poppy, can i remind people of what justice scalia said the second time the court upheld it. he referred to it as -- it might not be called obamacare. maybe it should be called scotus care, because it's the supreme court that keeps saving it. as we all know he passed away in 2016. his former law clerk is now on the court. i wonder what he would think about her voting to keep it free from another legal challenge. there's some truth to the fact that rather than obamacare, it is now scotus care. >> i forgot that scalia emmanue phone with us. you were one of the chief architects. you helped craft this. the political fight that's continued since then, when you were in the obama white house. your thoughts on this. obviously, it's protected again. what are your thoughts for the american people at home on this decision? >> i think the supreme court has made clear, the aca is the law of the land. it will stay the law of the land. we're not repealing it. now, we should get on to doing additional things to help improve the health care system. we have 20 million people covered by the aff

president barack obama considered her for the seat of antonin scalia. he went with garland instead. garland was never considered by the senate, who was led by republicans at sign -- at the time. she will be his first appellate court nominee to be confirmed. and we will see as the supreme court starts to wrap up its term, whether there will be any retirements. there is speculation about stephen breyer. bill clinton nominated him to the court. it could be that interesting beginning of supreme court drama -- the beginning of supreme court drama for the summer. she would be the first black woman on the supreme court. and also, juneteenth. there is a lot of symbolic value to having this confirmation vote today. it also shows that the confirmation process for the judiciary is getting into high gear. host: the front page of roll call.com, staffers inspect -- expect infrastructure bills to pass but little else. where do the negotiations stand on is moving forward on a dual track right now. the house later on this month, not this week, but probably the last month of june, the senate majority

president barack obama considered her for the seat of antonin scalia. he went with garland instead. garland was never considered by the senate, who was led by republicans at sign -- at the time. she will be his first appellate court nominee to be confirmed. and we will see as the supreme court starts to wrap up its term, whether there will be any retirements. there is speculation about stephen breyer. bill clinton nominated him to the court. it could be that interesting beginning of supreme court drama -- the beginning of supreme court drama for the summer. she would be the first black woman on the supreme court. and also, juneteenth. there is a lot of symbolic value to having this confirmation vote today. it also shows that the confirmation process for the judiciary is getting into high gear. host: the front page of roll call.com, staffers inspect -- expect infrastructure bills to pass but little else. where do the negotiations stand on infrastructure? guest: is moving forward on a dual track right now. the house later on this month, not this week, but probably the last month of ju

justice scalia, the most conservative of the justices has said if he had to be on a desert island with a lawyer, he wishes it were with ruth ginsburg. >> on this day in 1993, president bill clinton nominated ruth bader ginsburg to the u.s. supreme court after being confirmed by a 96-3 vote in the senate, justice ginsburg would serve 27 years on the high court until her death from pancreatic cancer last september. >> what day in history >>> hollywood is mourning the death this morning of the legendary actor ned beatty perhaps best known for the 1972 survival film "deliveance" in which he plays a pudgy vacationer who is brutally sexually assaulted by a back woodsman in a ten-minute scene that many found difficult to watch. four years later, he received an oscar nomination for his role as a corporate executive in the 1976 film "network." >> you have meddled with the primal forces of nature, mr. beal, and i won't have it. is that clear? do you think you merely stopped a business deal? that is not the case the arabs have taken billions of dollars out of this country, and now they must put i

. >> reporter: she has friends in many camps justice scalia, the most conservative of any justices said if he had to be on a desert island with a lawyer, he wishes it were with ruth ginsburg >> on this day in 1993 president bill clinton nominated ruth bader ginsburg to the u.s. supreme court court after being confirmed, justice ginsburg would serve 27 years on the court until her death from pancreatic cancer last december. >>> janessa will have your forecast for the workweek ahead. >>> and a quiet place part 2 styless "in the heights," this weekend's biggest box office surprise we're team players and artists. designers and do-it-yourselfers. parents and friends. if joint pain is getting in the way of who you are, it's time to talk to your doctor about enbrel. enbrel helps relieve joint pain, and helps stop permanent joint damage. plus enbrel helps skin get clearer in psoriatic arthritis. ask your doctor about enbrel, so you can get back to your true self. play ball! enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lym

well, let's now bring in doctor padaya scalia satellite, he's an assistant professor of medicine at the johns hopkins school of medicine. he joins us now from baltimore. dr. over the course of this pandemic, the johns hopkins numbers of really become the gold standard, say of statistics is where lots of people go to see how countries are doing. i know initially it was very dependent on government reporting. has that changed? how are you counting now? you know, thank you so much for allowing me to be here. we are. so we're allowing the government to be able to supplies with these numbers. so it is the big trucks factor that we have in order to ensure that the public in the world is up to date is a panoramic right. we're all in together. so we really are relying on government trust and transparency to provide those these numbers. so we can all make the right move in order to protect our own country or in our own population. well, you say there's a trust factor that we were just talking about the peruvian numbers there. can you various reasons for under counting across different countries?

justice scalia wrote that opinion. it found for the first time that individuals had a right to bear arms outside of the militia context, justice scalia did say the second amendment is not absolute, you can have restrictions on gun ownership. he had a test. the question is, is the firearm commonly owned by law abiding citizens for lawful purposes, like a handgun? in this case, you are talking about assault weapons. that's why he compared it to a swiss army night. if it's that common -- is it commonly used? then it passes the heller test and you can't ban it outright. >> right. that's a constitutional argument that could be made. the constitutional argument could be made that so many ar-15s have been bought that it's in common use like handguns or shotguns. that is a constitutional argument that not only can be made, we should expect it to be made in front of the supreme court, because after heller the supreme court has decided time and again much to the chagrin of clarence thomas not to take second amendment cases. i th

first, this case, i think, as justice scalia might say, comes as a wolf. petitioners' rule would enable an fca to exclude parents of any religion, from buddhist to baptist. and this court, because it can't second-guess the reasonableness of a belief, it opens the door to all sorts of claims, indeed, this very case, the clergy letter, and it radiates far beyond foster care to all government contracts in all 50 states. second, the city would act the very same way if a secular fca discriminated, and the flip side is true, too. the city contracts with bethany, which is open to same-sex couples despite its religious opposition. and the city continues to contract with css to the tune of $26 million. these three indicia -- a uniform policy, continued contracting with bethany, and continued contracting with css itself -- are strong evidence the two courts below got it right. and finally, my friends never overcome the two-court rule on neutrality. after three days of live testimony, the trial court found the preponderance of evidence favored the city. for these rea

career, the renewed push for his retirement after mitch mcconnell said the rules applied after justice scalia's death would be applied in 2024 if the gop wins back the majority. >> i don't think either party, if it were different for the president, would confirm a supreme court nominee in the middle of an election. todd: democrats accused the republicans of hypocrisy for confirming a justice during an election year. jillian: three republicans are pushing a resolution to censure members of the squad, for what they call inciting anti-semitic attacks across the u.s., involving incidents with ilhan omar, alexandria ocasio-cortez, rashida tlaib and eye ya that a. todd: stop what you're doing and look at this incredible video out of russia showing a group of good samaritans going to great heights to save two kids trapped inside a burning apartment building. jillian: you can see them climb up the drain pipe and form a human chain to pass the children down to the ground. todd: they've been nominated for bayer -- bravery awards for their heroic efforts. kevin hart becoming the latest hollywood star to c

justice scalia wrote about why having public records is important to the system because it protects, i talk about this in my written testimony, someone from taking one position one day and the opposite position the next day. when we don't have this ability and insight into that, because they don't have to give them to us unless they want to, we're in a situation where we don't know who the majority of the court is on a particular case. >> has the court or any justices offered any rationale for why they believe they can sign on to orders without disclosing their name? >> reporter: it goes back to the general order docket, most are routine document management questions that don't end up having any judge's name on it, but disposed of by one justice or they don't need to have any explanation. the problem we are seeing is these cases are being disclosed on the docket and normal processes of not having a name or an opinion or the full process increasing are being used in these cases that should be -- have more processing including having justices, majority opinions or dissenting opinions a

justice scalia who pointed out its wholehearted win a defamation case because you have to prove actual malice. i'm sure if you got access to the personal text messages to the reporter you might find the actual malice against president trump, james o'keefe, or other. here's the sad truth about the garbage that's being spewed on the front pages, the beat of the reporters is not the white house, its hatred of donald trump and the currency is leaks. they depend on leaks and people have the worst reputation and conservative circles in washington and the tv realm are people who do not leak to these papers. there's a reason for that, they depend on it, thrive on it, and make no mistake donald trump is their motive. >> sean: why they not want to cover hillary paying for a dirty russian dossier? why would they not want to cover -- it says at the top of the fisa application verified in four signed by the unverified and we now know that the information in the dossier was false. why wouldn't they cover that aspect and why wouldn't they be interested in the fact that joe biden appears to be cogniti

justice scalia said the way you're rewriting this law, you should call it scotus care. both times there were closer votes. this time he decided -- first of all, it's such a good move for him in terms of the integrity of the court, the institutionalism to have both sides coming together more fully than they did in 2012 and 2015. i also think it shows his leadership at a time when we were wondering how much control he would have on this bench. now it's 6-4 conservative/liberal court he's no longer the swing vote but he was able to persuade two others to go that way and even in small measure clarence thomas. he didn't subscribe to the whole thing but enough to get the job done. >> you often don't see that group together. >> and on something so big. this is what we were waiting for. >> i expected the same ruling, but i didn't expect it to come down this way. biden said obamacare was a big fing deal. what is he saying today? >> he's just as happy today. this ensures the obamacare legacy. he was vice president and then for his own administration he won't fight this battle. he

justice scalia who pointed out its so hard win a defamation case because you have to prove actual malice. i'm sure if you got access to the personal text messages to the reporter you might find the actual malice against president trump, james o'keefe and or others. here's the sad truth about the garbage that's being spewed ons the front pages, the beat of the reporters is not the white house, it's hatred of donald trump and the currency is leaks. they depend on leaks and people have the worst reputation and conservative circles in washington and the tv realm are people who do not leak to these papers. there's a reason for that, they depend on it, thrive on it, and make no mistake donald trump is their motive. >> sean: why wouldn't they want to cover hillary paying for a dirty russian dossier? why would they not want to cover -- it says at the top off the fisa application verified in four signed by the unverified and we now know that the information in the dossier was false. why wouldn't they cover that aspect and why wouldn't they be interested in the fact that joe biden appears to be co

retirement comes after senate minority leader mitch mcconnell said the rules applied after justice scalia's death in 2016 would apply in 2024 if the gop win back the majority. take a listen. >> no, i don't think that either party, if it controlled -- if it were different for the president would confirm a supreme court nominee in the middle of an election. jillian: democrats have accused republicans of hypocrisy for confirming supreme court justice amy coney barrett during an election year in 2020 after blocking merrick garland in 2016. the state of florida now one of 15 states to require a moment of prayer, moment for prayer in public school classrooms. the governor signed a bill monday that ensures students get one minute for prayer or meditation. take a listen. >> the idea that you can just push god out of every institution and be successful, i'm sorry, our founding fathers did not believe that. we have an opportunity here to really protect the religious freedom of everybody who is going to school k-12 in the state of florida. jillian: the one minute for reflection was already an option f

i always remember, back in 2012 i had the good fortune to interview antonin scalia when he was on the court, would you take into account you want you as a conservative justice to be replaced by another conservative justice, he said if i have to tell you that, you must think i'm a fool. do you think that will be briar's reasoning? >> could be. could be. i guess we'll find out. chris: to be continued. yeah, we'll find out in the next couple weeks. thank you, panel. see you next sunday. up next, power player of the week. a former nfl star gets the best father's day present ever. you won't want to miss it. chris: on this father's day, we want to tell you about one dad who faced every parent's worst nightmare. he took us along on his family's journey and shared how he is using the lessons he learned to help other kids like his. here's our power player of the week. >> the outpouring of support, the people that we've heard from, it was beyond belief. >> you know how i need a heart transplant, this morning we found one. >> yeah! chris: nfl star tightened talking about the moment when his 8-ye

victory i think we're looking for and part of it was the issue of the smith decision, that justice scalia authored, that allowed generally applicable laws to discriminate against religious institutions if they're not targeting them. paul: dan, what does this tell us about the divisions among the conservatives on the court? it's fascinating. you have justice kavanaugh and justice barrett siding with justice roberts on this opinion and then have you three other conservatives going with sam alito's opinion. what's the difference here? >> well, i guess my view of it, paul, is this is another very careful roberts decision and that he has managed to get the liberals to join and he's very concerned about attacks on the court, the idea of court packing, justice briar is opposed to court packing so here we are showing the court can rule with uninimity. justice roberts said his job is to call balls and strikes. philadelphia's problem was they were just off the plate, it was a technicality. nonetheless, the left is filing lawsuits, is thrown bean balls at religious liberty. the little sisters of the

if i may reach back to justice scalia's opinion in the coyote case, the law has to do is to apply and going to justice glia and majority of the court in 1990, equally to the community. neutral on its face, not aimed at religion and not trying to favorite, the net is that, that is all that is required. overthrew and thenn there is no exception, no conscientious objector is is in the law of the land. lecturer versus mourner and the sweetness in describing very accessible ways. understand that, amish in wisconsin, they want to keep their cultural lives as of the other kids not to have to go to public high school. we want them out into back in our communities. the upheld the religious exemption from the conscientious objection to a perfectly compulsory education until the age of 16. never going to create an exception. but just escalated that unfortunately an opinion was to call the serious questioning to overrule sherman and that was avoided and talked unemployment compensation events and then wisconsin. [inaudible]. they overruled. but nonetheless, limited them essentially to the facts.

get the most conservative supreme court justice and the most liberal disagreeing about that, justice scalia wrote some of the landmark opinion to the laws of sexual harassment in the workplace. you see his opinion that it could be a male who was harassed in the workplace. a real stretch in the law. we have to keep trying, have to keep doing better but the struggle. >> there are many notes of thanks coming through our q and a. thank you for speaking about love and hearing one another. often women believe shaming and revenge is the way to go. i wonder if you would comment on that. >> i already have in a way. my basic 5 that i developed in my earlier book anger and forgiveness is this retributive attitude, proportional payback may be evolutionarily hardwired to some degree but is a confused kind of thinking. why should you think proportional payback does any good for anyone? think about capital punishment. i'm just about to teach next week a class on opera, i'm teaching dead man walking, about capital punishment. the parents of those murdered children are so miserable but they somehow think th

as you know, had nominated a judge named merrick garland to be a supreme court justice after antonin scalia died while he was still on the bench. merrick garland was someone who had been confirmed overwhelmingly and with zero controversy to his previous judgeship. he was somebody so centrist, so moderate, so objectionable and they named him by name that they would love to vote for even if he was voted on by a democratic president. but when president obama did nominate him, republicans, under mitch mcconnell, they refused to consider mare rick garland's confirmation. they not only refused to vote for him, they refused to hold a confirmation for him. they pretended president biden didn't nominate him. republicans held a seat on the u.s. supreme court open and empty for more than a year just so they could stop a democratic president, president obama, from being able to nominate someone to the court. that's how they created the first vacancy for trump to fill on the supreme court. that's why judge gorsuch doesn't shave in front of a mirror. could you look at yourself every day knowing that's ho

about a repeat of what happened in 2016, when republicans blocked president obama from filling justice scalia's seat. nobody is confident that joe biden would be allowed to put his own nominee on the court. we expect a little more than a dozen other outstanding cases to be decided by the supreme court. in three different days, they have rulings next week, but the biggest ruling of the term is now decided . the affordable air cac today. should we expect news of significant? is nobody i would rather talk about this than with dahlia lisick. dahlia, it is great to see you. thank you for joining us tonight. >> that time of year. good to see you, rachel. >> i know we've got three more days and which we're going to get more ruling. i think it's monday, wednesday, and friday, but the most consequential ruling we were waiting on was on the affordable care act. >> there was a collision between religious liberties and civil rights and foster care in philadelphia. that also was quite a narrow decision. i think you're right here this is the one a lot of folks were holding their breath around. >> in terms of

. >> would the rule you applied in 2016 to the scalia vacancy apply in 2024 to any vacancy that occurred then? >> well, i think the middle of a presidential election, if you have a senate of the opposite party of the president, you have to go back to the 1880s to find the last time a vacancy was filled. so i think it's highly unlikely, in fact, no, i don't think either party if it controlled, if it were different from the president, would confirm a supreme court nominee the middle of an election. >> you may remember that mcconnell refused to hold a hearing for former president obama's final supreme court nominee, now attorney general, merrick garland, back in 2016, saying it was too close to the presidential election. but he pushed through justice amy coney barrett just days before the 2020 election. he claimed the circumstances then were different because the senate was the same party as the president. there's also some signs he may be willing to block a supreme court nominee as much as an additional year before that. so, so something to keep an eye on. >>> both the house and senate jud

single-most consequential thing that i've done in my time as majority leader of the senate, i preserved the scalia vacationancy for the gorsuch appointment. >> suffering the same fate as merrick garland. confirmed to the d.c. circuit court of appeals just moments ago. despite this outright taunting, west virginia senator joe manchin insists on having a little bit of faith in senate republicans. arizona senator kyrsten sinema believes the way to fix a broken senate is not to change the rule or change the behavior. good luck with that, kyrsten. then there's dianne feinstein who told forbes, if democracy were in jeopardy, i would want to protect it. i don't see it being in jeopardy right now. that said it's not democrats who are gleefully blocking the will of the american people. it's the republican party led by senate mantle leader mitch mcconnell. for that reason he, despite everything else, he is the absolute worst. and after the break, william barber doing more for democracy than the senators elected to defend it, joins me next. defend it, joins me next ine thi. your mover, rob, he's on the scene

when republicans blocked president obama from filling justice scalia's seat. on that front, we got some less-than-surprising news, today, from republican-senate leader mitch mcconnell, about his plans in the event of a supreme-court vacancy. when asked if he would allow biden to have a supreme court pick in 2024, if republicans took control of the senate, next year. mcconnell said, quote, i think it's highly unlikely. in fact, no. of course, mcconnell didn't have a problem confirming trump's third supreme court nominee, amy coney barrett, just eight days before the 2020 election. in today's interview, mcconnell would not even commit to letting biden have a supreme court pick in 2023, either. should republicans control the senate, at that time. which is not only mind-blowingly unfaithful to the united states constitution. but is sure to ramp up the pressure on the 82-year-old breyer to retire even more. so, as rachel would say, watch this space. it's uniquely-important space. that does it for us tonight. rachel is going to be back tomorrow. it's time, now, for

question here, would the supreme court overturn its ruling that basically said -- it was written by scalia. it says laws that apply to everybody, there's no religious exemption. catholic social services who brought this case invited the supreme court to do that, rather aggressively. it's time to throw that out. they didn't get any takers on that one. the supreme court's decision is quite narrow, based on the complexities of the specific way the city contracted with catholic social services. so the supreme court was really trying not to let this decision stand for a wider acceptance of the idea that you can discriminate based on religious freedom. >> josh, any formal or official reaction from the white house other than those tweets from the chief of staff so far? are we expecting anything from perhaps president biden? i think we will see him later this afternoon for the bill signing on the juneteenth federal holiday, right? >> that's right. we will hear from the president later today. that will be an opportunity for him to address his reaction to this news. all we have heard is from ron kla

when he blocked merrick garland's nomination by former president barack obama to fill justice antonin scalia's vacancy, mcconnell said this -- >> i think it's highly unlikely -- in fact, no, i don't think either party if it controlled if it were different from the president would confirm a supreme court nominee the middle of an election. what was different in 2020 was we were of the same party as -- >> correct. >> yeah. >> -- president. >> mcconnell's threat to block a future biden supreme court pick comes as we await several of the most significant opinions of the high court this term. for more on this, let's bring in our supreme court reporter. walk us through this. what are the big decisions. >> the supreme court hasn't ruled on some of the most high profile cases. that's unusual. here we are on some of them. first of all the affordable care act. texas and republican-led states want to gut the entire law. remember, chief justice john roberts saved it under the taxing power a few years ago and then congress moved to bring that tax penalty down to zero, so critics raced to court. they said yo

want to repeat it would have been 2016 while republicans blocked president obama from filling justice scalia's seat. on that front, we have some lessons surprising news today from republican senate leader mitch mcconnell about his plans in the event of a supreme court vacancy. if at when asked if he would -- supreme court pick in 2024, if republicans to control of the senate that year, mcconnell said quote, i think it's highly unlikely. in fact, no... of course, mcconnell did not have a problem confirming trump's third supreme court nominee amy coney barrett just eight days before the 2020 election. he would not even commit to having a supreme court pick in 2023. should republicans control the senate at that time, which is not only mind-blowing lee on faithful to the united states constitution, but is your to ramp up the pressure on the 82 year old breyer to retire even more. as -- watch this space. it is uniquely important space. that does it for us tonight rachel is going to be back tomorrow. it's time now for the last word with lawrence o'donnell. good evening my friend. >> good evening ali

as you know, had nominated a judge named merrick garland to be a supreme court justice after antonin scalia died while he was still on the bench. merrick garland was someone who had been confirmed overwhelmingly and with zero controversy to his previous judgeship. he was so centrist, so moderate, so objectional and they named him by name that they would love to vote for even if he was voted on by a democratic president. but they refused to vote on merrick's confirmation. they not only refused to vote for him, they refused to hold a confirmation for him. they pretended president biden didn't nominate him. republicans held a seat on the court open and empty for more than a year just so they could stop a democratic president, president obama, from being able to nominate someone to the court. that's how they created the first vacancy for trump to fill on the supreme court. that's why judge gorsuch doesn't shave in front of a mirror. could you look at yourself every day knowing that's how you got your job? he just takes an electric razor to the corner saying, i don't want to look at myself. he h

i always remember, back in 2012 i had the good fortune to interview antonin scalia when he was on the court, would you take into account you want you as a conservative justice to be replaced by another conservative justice, he said if i have to tell you that, you must think i'm a fool. do you think that will be briar's reasoning? >> could be. could be. i guess we'll find out. chris: to be continued. yeah, we'll find out in the next couple weeks. thank you, panel. see you next sunday. up next, power player of the week. a former nfl star gets the best father's day present ever. you won't want to miss it. i became a sofi member because i needed to consolidate my credit card debt. i needed just one simple way to pay it all off. it was an easy decision to apply with sofi loans, just based on the interest rate and how much i would be saving. there was only one that stood out and one that actually made sense and that was sofi personal loans. it felt so freeing. i felt like i was finally out of this neverending trap of interest and payments and debt. ♪♪ >> jess: when you have auto glass d

i always remember, back in 2012 i had the great good fortune to interview antonin scalia when he was on the court and i said to him, will you take into account with the president is when you decide to retire? would you take into account you want you as a conservative justice to be replaced by another conservative justice? he said if i have to tell you that, you must think i'm a full. do you think that will be justice breyer's reasoning? >> welcome it could be. i guess we will find out. >> chris: [laughs] to be continued. yeah, we will find out in the next couple of weeks. thank you, panel, see you next sunday. up next, our "power player of the week." a former nfl star gets the best father's day present ever. you won't want to miss it. th'. over the years, ben's became a gathering place for this community. we've been through all kinds of changes, but this pandemic has been the most difficult of all the challenges i've experienced. [voice of male] the chili bowl really has never closed in our history. people come here to see the photos on the wall, to meet the family. you couldn't have

about a repeat of what happened in 2016 when republicans blocked president obama from filling justice scalia's seat. that the senate is retaken by the republicans. even with joe biden in the white house now nominating somebody to fill justice breyer's seat, nobody is confident that joe biden would be allowed to put his own nominee on the court. we expect a little more than a dozen other outstanding cases to be decided by the supreme court in three different days within rulings next week, but the biggest ruling of the term is now decided. this affordable care act routing today, an opinion written by the longest serving justice appointed by a democratic president, should we expect news of significant size from the court in terms of their ruling? or in terms of their makeup as a court? there's nobody i would rather talk to about all of the above that a woman who hosts the excellent slate podcast amicus. dalia, thanks for joining us. >> that time of the year. three more days in which we will get more rulings next week, monday, wednesday and friday, but the most consequential ruling we were waiting

when republicans blocked president obama from filling justice scalia's seat. on that front, we got some less-than-surprising news, today, from republican-senate leader mitch mcconnell, about his plans in the event of a supreme-court vacancy. when asked if he would allow biden to have a supreme court pick in 2024, if republicans took control of the senate, next year. mcconnell said, quote, i think it's highly unlikely. in fact, no. of course, mcconnell didn't have a problem confirming trump's third supreme court nominee, amy coney barrett, just eight days before the 2020 election. in today's interview, mcconnell would not even commit to letting biden have a supreme court pick in 2023, either. should republicans control the senate, at that time. which is not only mind-blowingly unfaithful to the united states constitution. but is sure to ramp up the pressure on the 82-year-old breyer to retire even more. so, as rachel would say, watch this space. it's uniquely-important space. that does it for us tonight. rachel is going to be back tomorrow. which vaccines may o

it is essentially to say that the siri -- theory of originalism associated with justice scalia is a fable. i don't think that's a position that anyone who is a member of the u.s. senate wants to endorse. i should also say briefly -- i'm sorry? >> thank you, i was just saying something to my colleague. >> dr. pilon says there is disagreement among the scholars who rode into support the constitutionality of his bill about best way to solve the complications arising from the 23rd amendment. it's true there is disagreement about the best way to solve the problem is. that's because there are many possible solutions. not everyone agrees on what the best solution is. everyone agrees that the problems are solvable. i could if the committee wanted to speak about specific details of complexities that are raised and why they are actually not problems. we all agree that all of these problems are solvable and none of them should be an obstacle. >> thank you for that response. as you mentioned, some people believe that the district of columbia can only become a state constitutional amendment. my bill t

by the way, disclosures were championed by justice scalia. and yet, what happened in our committee hearing on this, our markup? republicans filed amendment after amendment to gut those provisions of the bill. so while they make claims, -- they may claim my friends on the other side of the aisle that this isn't popular, it's just not true. they claim it is not bipartisan. it is just not true. the bill contains nine bipartisan bills, including the honest ads act which i first introduced with senator john mccain and senator warner, and now senator lindsey graham took up that cause. our provision, that provision would finally hold the social meeting of companies accountable to make sure there are disclaimers and disclosures on political ads. the work i have done with senator lankford madam president, when you were in the senate to make sure we have backup paper ballots. we still have eight states that don't have backup paper ballots. that provision is in this bill. many of the bill's provisions have already been adopted in red, blue, and purple s

. >> but it -- >> the rule you applied in 2016 to the school ya va -- scalia vacancy apply in 2024 to any vacancy there? >> well, i think it's in the middle of a presidential election. if you have the senate of of the opposite party of the president, you have to go back to the 1880s to find the last time the vacancy was filled. i think it's highly unlikely. in fact, no, i don't think that either party, if it controlled, if it were different from the president, would confirm a supreme court nominee in the middle of an election. >> i mean, ruth, just think here the actual words it's maddening. but pick up what you were saying before we played that >>well, that is done before. what sent -- what senator mcconnell went on to say which is what about 2023, if there were 18 months in a presidential -- >> right. >> the 2023 term and president biden were to appoint a regular run of the mill liberal justice. senator mcconnell's comment wasn't, well, we would proceed as normally. he said we'll have to wait to see. my translation was i have to count the votes to see if i can block somebody, as wel

this is essentially to say that the theory of originalism started with justice scalia. that is wrong. that is not something that everybody in the u.s. senate wants to endorse. i should also say something to dr. peons point. -- pelon's point. >> i was just listening to something my colleague, senator johnson said. >> very briefly, the doctor says the best way to solve the complications rising from the 23rd amendment -- it is true that this is the best way to solve it. there are many possible solutions. there are many adequate solutions. i was wondering if the committee wanted to speak about certain details and why the problems are not solvable. >> thank you very much. as you mentioned in your testimony, some people believe that the district of columbia can only become estate through constitutional amendment. as well as nearly 40 constitutional experts who recently signed a letter of support who believe otherwise. i am going to ask you a series of brief questions if you don't mind. the first of those is how many of this 30 -- of the 37 states were admitted to the union af

it's associated by late justice scalia. one of the very basic premises is that it's binding. if we don't like what it means, we can change it. that is, the whole theory is premised on the idea that the constitution can be amended whenever we the people want. to take the view that the 23rd amendment couldn't be amended, to think it's unrealistic, even though it's pointless, nobody would want it around if s-51 were to be adopted, is to essentially say the theory of originalism is all wrong, is a fable. i don't think that's the position, that everyone who's a member of the u.s. senate wants to endorse. i should also say briefly about one of dr. pilon's points -- >> i'm sorry? >> thank you. i just was listening to something senator johnson said. anything else you want to say on this point? >> very briefly. dr. pilon says that there's disagreement among the scholars who wrote in to support the constitutionality of this bill. it's true, there is disagreements about what the best way to solve the problem is. there are many possible solutions and as among many adequate possible solut

president barack obama considered her for the seat of antonin scalia. he went with garland instead. garland was never considered by the senate, who was led by republicans at sign -- at the time. she will be his first appellate court nominee to be confirmed. and we will see as the supreme court starts to wrap up its term, whether there will be any retirements. there is speculation about stephen breyer. bill clinton nominated him to the court. it could be that interesting beginning of supreme court drama -- the beginning of supreme court drama for the summer. she would be the first black woman on the supreme court. and also, juneteenth. there is a lot of symbolic value to having this confirmation vote today. it also shows that the confirmation process for the judiciary is getting into high gear. host: the front page of roll call.com, staffers inspect -- expect infrastructure bills to pass but little else. where do the negotiations stand on infrastructure? guest: is moving forward on a dual track right now. the house later on this month, not this week, but probably the last month of ju

he said the rule he applied after justice antonin scalia's death in 2016 would apply in 2024 'if republicans take the majority suggest suggesting he would block a scotus pick. democrats have accused republicans of hypocrisy for supporting amy coney barrett election year in 2020 after blocking merrick garland in 2016. a new study revealing the top destination during last year blue state exodus. according to data from north american moving services idaho saw the biggest increase in residents followed by arizona, tennessee and the carolinas. illinois, new york, and california had the biggest drop. when it comes to cities, phoenix had the bigst population gain while new york had the highest rate of people packing up and moving out. i am just shocked that florida is not on that list. right? is anyone else surprised? ainsley: put them back up again in so many california cities new york which we predicted, high taxes. people are sick of paying the high taxes. look at that. steve: moving out of new york, california, illinois. also on that list, new jersey is on that. ainsley: where is florida, right

. >>> would the rule that you a lied in 2016 to the scalia vacancy apply in 2024 to any vacancy that occurred then? >> well, i think in the middle of a presidential election, if you have a senate of the opposite party of the president, you have to go back to the 1880s to find the last time a vacancy was filled. i think it's highly unlikely. in fact, no, i don't think either party if it controlled, if it were different from the president, would confirm a supreme court nominee in the middle of an election. >> senate minority leader mitch mcconnell making it clear what he would do if republicans control the senate again under a democratic president. mcconnell was able to fill three supreme court seats during the trump presidency with conservative judges that promised to move the court to the right, solidify trump support among white evangelicals. and now the nation's largest protestant denomination is charting its path forward. the meeting of the southern baptist convention is underway, and there is mingling about race, gender and spousal abuse. >> am i the only one that grew up in the