justice breyer: not necessarily. what you read about are the ones the press thinks the public will be interested in which usually has a political or a social content, and they will say that is the most important. i don't know. one of the most important decisions i wrote this past year was called google versus oregon. it took a year for me to write that. it was about copyright and something called interface programs. i was told that was very, very important. well, for me it was like learning latvian. i don't know how i did that. but you see, i see what they are saying. it is true that a lot of the sort of exciting cases are more close. david: suppose you have a decision that is 5-4. will one justice go to another justice's chambers and say your argument is not good, or is it done by memos? you don't have people going down the hall saying let's have lunch together and maybe i can persuade you. does that ever happen? justice breyer: most of it is memo. quite a lot can be business to chambers. if i'm going to your chambe

>> justice breyer: why was it? because they didn't bring a case, i guess, that met the normal criteria for being heard. when we decide to take a case, there has to be four votes to take it, so i can't go beyond that. what we do know is that there were not for votes to take it because it wasn't taken, and there are criteria, and if we don't take a case, it's -- you know, the reason with all likelihood is that the criteria weren't met. >> chris: one of the problems that you discuss in your book is the growing partisan shift of the confirmation process. back in 1994, you were confirmed by the u.s. senate 87-9. question, do you think in 2021 as a former staffer for edward m kennedy there's any chance he would get 87 votes? >> justice breyer: i know what you're saying and the answer is of course no. >> chris: look at what senator mitch mcconnell did. in 2016, he refuses to give merrick garland even a hearing in the eight months before the election. and then in 2020 he pushes through amy coney barrett in one month before

judge breyer: four ves takes it. i cannot really go into -- i cannot even tell you who were the four. so you are not sure. [laughter] or are fairly sure, but nonetheless. what is in their minds? judy: the point is that is a court decision to tackle. judge breyer: to grant a full hearing, it takes four people. judy: coming up this term you have a mississippi case, a new york guns case. you may have an affirmative action case. on the court itself be responsible for how the public sees it? if we end up seeing a series of one-sided decisions on some of these hot button cases like this, just in the next few terms -- judge breyer: of course the court will be responsive, but what that means to me is there are large numbers of hot button cases. think of the warren court and its efforts to desegregate the south. think of justice brennan and the major cases that he wrote on free speech. think of the new deal court, making changes of a dramatic nature. think of the court after the civil war, compared to the court before the civ

look, they don't care about justice breyer. they're political animals. they want to get their agenda pushed through the supreme court. i am a civil rights attorney, i'm a constitutional law attorney. i talk government. i appreciate the whole purpose of the supreme court. independent. you know what the job is, trace? to interpret the constitution, to read the constitution and not play political games. and what they're doing, to me, is just simply trying to politicize the court. another thing that's offensive to me is age discrimination. they're saying, you're old, get off. you know what? senator dianne feinstein, we're going to use age as the standard, not the ability, not skills. there is nothing wrong with this man's performance, but they want power. one of the fundamental reasons high i left the democratic people -- why i left the democratic people. they don't care about the people, they just want power so they can have some type of control of the supreme court. one last point. it's back door way of court packing. >> yeah. and you make a very good poin

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justice stephen breyer, thank you very much for joining us. you have written six other books, but none of them were this size and a book you can hold in one hand somehow less intimidating than the book you pick up from a supreme court justice. who are you trying to reach? >> i wanted to reach the high school students, college students, law school students, and in particular, people who are not lawyers, but who are intereed, at least in how i've seen the court work over 27 years. >> woodruff: you posit in the book, justice breyer, that the court at even in this fraught political time that the supreme court of the united states has managed to maintain its authority with the american people. and at one point you cite a poll, a pew poll in 2019 that showed 62% of americans had a favorable opinion of the court. but there is a marquette university law school poll out just this month that shows approval of the court is at 49%. >> and it went down. but polls go like that, you know, and the question-- the one difference, i think between the court, if i

justice breyer joins me now. welcome. first, i have to tell you this is a terrific book. you've done a lot of interviews and not a lot of people have talked about the book, so i want to begin by recommending to people this really is a terrific book. thank you for writing it. >> oh, thank you. thank you very much. i'm glad you read it. >> let's start with your central premise, which is the supreme court has a surprising amount of authority, as many would see as a pivotal play in american politics, despite the fact it has no power. as alexander hamilton said, you quote him, don't worry about the supreme court, it has neither the power of the purse nor the sword. so what gives the court its authority? >> ultimately, it's the people in the united states, 331 million of them, 330 million are not lawyers, but ultimately those people have decided that they want to live together, every race, every religion, every point of view imaginable, and they have decided they want to live in one country together under law. that's an amazing thing in the history of the human race, and this d

justice breyer, you were talking about bush v. gore and i want to ask a question about it in the central argument. your central argument, correct me if i'm wrong, we shouldn't think of judges as political in what they do. yes, we have differences but those differences are not partisan political, their jurisprudenceal, they're based on how people see the constitution of the law and original intent of those laws. so when you look at bush v. gore, this is the case that i think changed many people's view about that, because the constitution is pretty clear that the states get to decide who their electors are. in fact, that's what republicans are now using as a way to allow states to do whatever they this want, with the electors -- in some cases no matter what happened in the election. states get to choose their electors. in bush v. gore, the conservatives who normally take the position that states' rights are important and states authority must not be overridden by the federal government, those conservatives switched and they ended up

how liberal is stephen breyer? david: p is clearly in the liberal wing and i think people would say he is the dean of the liberal wing. he has been in the court for 20 years. i would say he and justice soda mayor and justice kagan -- and justice sonia sotomayor and justice kagan are the liberal wing that is left, such as it is. i have known him since i worked on capitol hill about 40 years ago. he is a smart person. he did not necessarily think he was going to be a justice of the supreme court. when he went for the first interview he did not do well because he had a bike accident and did not do well in the interview with bill clinton. he later got the position after ruth bader ginsburg got the first appointment. lisa: the fact that he gets asked when he is going to retire highlights the deeply politicized nature of these appointments. the machinations behind what happened with ruth bader ginsburg. how much do you think this reflects a more politicized court never before? david: he wrote a book and that was the subj

chris: justice stephen breyer, only on fox news sunday. and, america marks 20 years since the 9/11 attacks shook our nation and kicked off the war on terror. now, with the taliban back in control of afghanistan, we'll ask our sunday panel if there is a new threat to the homeland. all right now on fox news sunday. and hello again from fox news. today from our brand-new stewed he yow here in washington -- studio here in washington. on this 20th anniversary weekend of 9/11 i'm sure many of you are still reflecting on that roll call of names we heard again yesterday. people of all races and religion that tell like tear drops on our hearts. it never gets easier and maybe that's the point. we'll have much more on 9/11, 20 years out, and where we stand in the war on terror later this hour. but we begin with breaking news, president biden's new mandate that billions of workers get vaccinated or test for covid weekly has created new battle lines in the fight over the virus, amid accusations of federal overreach, some 19 republican governors are thr

that's where breyer is beyond out of touch. he's obsolete. he still lives in a world where like him and eight friends on martha's vineyard are the only people that matter. whereas on the ground, things are being taken from people and he can't stop it, won't stop it and won't even call a thing a thing. >> maria teresa, let's talk about the other sort of out of touch agency. the fbi is getting roasted right now for the larry nassar situation, which we'll talk about later in the show. i also am aware that they did absolutely nothing when it came to brett kavanaugh. he was investigated for like three minutes on allegations, very serious allegations by a former high school mate that he attempted to sexually assault her. the issue they had was that they claimed that the fbi did not have jurisdiction to do anything about it. so there's that issue as well. and i'm worried that some of our agencies are not sort of outfitted to protect us at large. >> well, i think you hit the nail on the head, joy. it's that when you say -- when you have a justice tha

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what justice breyer says could happen next. a special edition of "world news tonight" begins now. >>> good evening tonight from ground zero in lower manhattan. we are here as the nation prepares to mark 20 years since 9/11. the deadliest terror attack on this country. tonight here we remember the lives lost, we recognize the survivors, the weight they've carried all these years and of course we honor the heroes, the first responders and their bravery. you can see the reflecting pool is over my shoulder. the names lost etch in the bronze. blue skies, a beautiful crisp september day just like that morning 20 years ago tomorrow. there will be ceremonies at all three sites tomorrow morning where the attacks unfolded. president biden will visit all three over the course of the day, and of course it was right here 20 years ago tomorrow that the world watched as the first plane hit. then the second plane hitting 17 minutes later. 2,753 people were killed. just this week, two more victims identified through dna testing and tomorrow, as

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we're talking about justice stephen breyer. we're talking about clarence thomas of the university of notre dame. >> certainly justice brer has a new book to promote. so, that explains a lot of his appearances, certainly. but we've heard from justice barrett and from justice thomas. and i think one possibility is that the justices may be kind of sensitive to the criticism of their ruling in the texas abortion case, their ruling in the federal eviction moratorium case. and so, they are speaking out because they are worried abo the perceptions of the court and they want to push back against the idea that the court is divided or partisan, particularly as they get ready to start a new term in which they're going to be hearing these high profile cases on issues on which the court is likely to be divided again. and then, of cours justice breyer has been promoting his book, but he has been getting a lot of questions about retirement. and so, we will be on justice breyer retirement watch all year long. it's hard for me to see him not re

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what justice breyer says could happen next. a special edition of "world news tonight" begins now. >>> and good evening tonight from ground zero in lower manhattan. we are here as the nation prepares to mark 20 years since 9/11. the deadliest terror attack on this country. tonight here we remember the lives lost. we recognize the survivors, the weight they've carried all these years. and of course we honor the heroes, the first responders and their bravery. you can see the reflecting pools right over my shoulder here. the names of those lost in the twin towers etched in bronze. the stunning waterfalls here. all this under blue skies, a beautiful, crisp september day just like that morning 20 years ago tomorrow. there will be ceremonies at all three sites tomorrow morning where the attacks unfolded. president biden will visit all three over the course of the day, and of course it was right here 20 years ago tomorrow that the world watched as the first plane hit. then the second plane hitting 17 minutes later. 2,753 people were ki

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the key has been, will justice breyer retire so is president biden can make a pick? >> they would say you ignored those calls and increased the chances that a republican senate will be there to confirm your successor. >> i mean, there are factors, there are many factors, in fact, quite a few, and the role of the court and so forth is one of them. mike: chris wallace will have much nor in his exclusive interview right here at the top to have hour. >>> with the taliban now back in control in afghanistan, thousands of afghans are now seeking refuge here in the u.s. more on that next. ♪ ♪ and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. you have the best pizza in town and the worst wait times. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire ♪ ♪ ma life is full of unexpected. surprises. for

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better starts with breyers. ♪ i'm chi lan, i am a mom, and a real estate agent. after having a kid, everything that you used to do for yourself goes out the window. the lines that i was seeing in my forehead were getting deeper than i was used to them being. and i realized, you know, what i can focus again on myself. so, what do you see when you look at yourself? i see someone who is growing and changing, who loves and is loved. botox® cosmetic is fda approved to temporarily make frown lines, crow's feet and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping, and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications inclu

what would you tell breyer? >> retire now or retire during this session or at the end of this session. be replaced. because this is, of course, what happened when we lost ginsberg. he's going to pull a merrick garland again, mcconnell, and he said he would. it's not like -- you know, that's shameless. the principle upon which he didn't take up merrick garland was that it was an election year. then, of course, comey barrett was seated nine days before the election. so he's a shameless hypo -- you know, he is just shameless. if i were breyer, it is his decision, but i think he should retire. >> again, dealing with mitch mcconnell, other than changing the filibuster rules, which you've talked about and you're very much for, how can democrats get what they want or work around mitch mcconnell, if he is going to do this all the time? >> we need to be as ruthless as him. >> which means? >> we have to, one, joe manchin won't get -- won't end the filibuster but he will modify it. to me, i know my colleagues. if you say 4

can stephen breyer and amy kony barrett save the supreme court? the two justices share one opinion, the court is in trouble. dan heninger wrote that article enjoins me now. why is the court in trouble? what is the basic problem? >> thought by too many american to be highly politicized. amy kony barrett gave a speech this past weekend in kentucky saying her goal was to convince the audience that we the justices are not a bunch of partisan hacks, her words and before that stephen breyer in another speech said he wanted to convince people we are not a bunch of junior league or junior politicians. they are both concerned the american people think they are highly politicized. one of the reasons for this is there is so much politicization around the supreme court targeted incidentally at justice stephen breyer. just this past weekend so-called moderate senator amy klobuchar said he is going to retire he should do it as soon as possible. in other words the democrats are trying to push this old guy stephen breyer, what they regard as this old fogey libera

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do you agree with justice breyer. >> well, of the three branchs the u.s. supreme court has the highest level of trust among the americans and it is matter of trust. his first book, i believe, also spoke of alexander hamilton and his recent book as well and the fact that alexander hamilton in this issue of trust is one that goes very deep. and so, i would look at jus it is breyer as someone who is saying he can't make a political move like retiring if it's going to be based on the fact that a president wants to put someone else in office that would make the supreme court look as political as the other two branchs and it would undermine the trusts he believes that has to be there in order for people to accept the ed sigss of the court. as they used to say, what army is going to make people actually decide that they're going to accept the decisions of this u.s. supreme court? and it's about trust. the people don't trust the court, if they think that the justices are there to decide cases based on individuals whose ever is in the white house, then people won't

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so that's what breyer is trying to push back against, but it's a little tough right now because really the court is in this political spotlight and he is worried about the institution of the court. >> yeah. you point out what the public sees. a doctor of the state he says he violated that new law. why is he speaking out? >> this is interesting because this is a whole new step now. remember that this law was written very carefully and it was very difficult to challenge unless somebody performed an abortion. so that put doctors in this catch-22. they wanted to get back into court so somebody could say, look, this law is unconstitutional, but in order to do so they'd have to perform the abortion and then find themselves liable for tons of different fees and legal proceedings. now this doctor over the weekend said, look, i have done it, i've performed one of these abortions. that opens up a new legal challenge but is an interesting standoff because you wonder if supporters of the law want it to go into court because then a judge might say, look, this is unconstitutional. right now we're in

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better starts with breyers. listerine® cleans virtually 100%. helping to prevent gum disease and bad breath. never settle for 25%. always go for 100. bring out the bold™ >>> welcome back to cnn special live coverage of the 9/11 memorial services, president biden and former presidents obama and clinton are here in new york, i'm here with garrett, and julia, to talk about what we just heard and i just want to take a moment to note, we just heard bruce springsteen, who is famously from across the river, in new jersey, and new jersey lost 750 residents on 9/11, while this was a tragic experience in new york city, in washington, d.c., and in shanksville, pennsylvania, the pain spreads out all over the country. >> that's exactly right. and i think, what i think a lot of us are feeling are all of the disunion we feel now, right? all of the sort of fights and the disagreements, that we are, we're unified in grief, which we still as a nation have the capacity to do, which maybe good or bad, depending on how you look at it, but i think just the fissures