she was my colleague that i call justice ginsburg the justice. they remained lifelong friends in the closest and best of friends. tragically she passed away 2017 and colleagues of mine and doubt a lectures in her honor no one would've been better to get that first lecture than justice ginsburg. so i invited her to come and she said yes absolutely. she us was to come early 2019 but then she had surgery for lung cancer they had to post on. she resisted postponing it was so important to her to come and honor her i interested others to prevail that she only relented when her doctor said you cannot travel on —- travel. but then coming in october 2019 to the event to honor her. and then she goes back for treatment for pancreatic cancer. it was a struggle for her to come but it was really important to come we learned the university of california but her book is called paving the way america's first law professors of the very first academics in the law and women who came before and justice ginsburg had written the introduction to that book. and yet it

ruth bader ginsburg wasn't until the middle of june so it was months. at the laserlike focus of the trump administration on the judiciary. senator mcconnell said we are not going to be detoured, nothing was going to get in the way from getting hold of the supreme court and the judiciary as a whole where the 200 federal judges were appointed during the trump administration. i want to pivot to religion more broadly because that is a very deep theme of your book but before weat go, i just have to k hows we decided to use the phyllis schlafly comparison and as i know and you know as linda was writing this, the miniseries the airmerica was on and linda drawls an interesting comparison. why don't you tell us how you settled on that. >> i think the name was new to many people who watched that popular series but it wasn't new to me because i had done a lot of research and writing years ago on the history of the abortion issue in the united states and phyllis schlafly played a big role in the major effort was to defeat the equal rights amendment but one way she

ginsburg have formed, that you are still soliciting volunteers? you are still looking for lawyers and law firms to do representation for election workers when they are threatened? you are still looking for people to help? >> we are very much welcoming the help. we have recruited now hundreds of lawyers. we have deployed them in particular circumstances to help and consult with election officials under attack. our view however, as a presidential campaign for 2024, as it approaches even in 2022, we have to have a massive force available to provide this. so yes, we welcomed the help and we are continuing to look for. in >> the election officials legal defense network, a truly bipartisan effort. bob bauer, former white house counsel. thank you so much for being with us mr. bauer, it's nice to see you. thanks. >> thank you very much. it's a pleasure. >> all right, we've got much more ahead tonight, stay with us. , stay wit us along with your statin medication. the brand i trust is qunol. [ coughing and sneezing ] cold season is back. bounce back fast w

the term that began in the shadow of ruth bader ginsburg death. amy comey barrett rapid confirmation and taking the justices seat in the court. a year that was totally encapsulated by the covid pandemic. 2020 elections, all of the headlines. what i tried to do was really just channel the court in real time. i wrote every chapter, each chapter is a month. so, what happened during that month, it is an honest account. i did not go back at the end and kind of airbrush any think that i may have gotten wrong when i wrote about a case that was argued in november and it was decided in june and the decision did not quite track my perception of the argument. well, that is life. they can see that and say she really nailed it or she missed it. because, to airbrush it out, it would have been a smoother side. but it would have taken all of the fun out of it. just to my eyes as a decades long court watcher. i spent my professional life. it kind of is what it is and i think it tells quite a meaty tail. >> thank you for that. mainly going to be asking about the su

. >> are there any useful parallels to be drawn of the courts of ruth bader ginsburg? >> there are a lot ofsh paralles and ruth bader ginsburg decided the influence and late in life when she embraced the role of dissenter she started raising from the past and would talk frequently about harlan and mentioned benjamin curtis also as h the justice who objected to dred scott. harlan offers a sense of hope in one era and how those documents and records that are preserved can become part of the decision-making process and the supreme court can change its mind and the law can change but if you look at the history of the dissent almost all the methods combined is so let's look at w the antitrust cases ia horrible case to trust 98% in the country had they found a way to say they were not the monopoly. they were the sole dissenter against the giant combinations pretty much within five years the same justices that ruled the other way to see the light i don't know that it was so much persuading that may have been things in the country but there are examples of the same people chan

hopefully we don't have to go through a lengthy permit process, bill ginsburg. we used to use it. now it is city bureaucracy. we will deal with that another day. this was so important one of the most recent bond $2 million was dedicated to this particular project. getting us to this extraordinary place was our champion and addvo cat in sacramento senator weiner bringing in $4.8 million. [applause] >> the resources to make this a reality is driven by this community. this community that raised me, that is near and dear to my heart, this community that has suffered for so many years and deserves it more than anything else. not only what i am hoping for to make sure this is reality. when you think about it when you visit other countries, they have marketplaces, vendors and people where you just go and pick up what you need. there are so many talented and creative people i have met during my time at the cultural center where they sell shay butter and clothing. the african-american art and culture complex are in stones town selling things they made. they are from this community. we want

but i think that harlan offers hope to some who are fans of ruth bader ginsburg because he showed how in one year they become the majority in another era and how those very documents and records that are preserved can become part of the decision-making process in the next generation. there is no one method for the supreme court by which the supreme court can change its mind and the law can change. but if you look at the history of the dissent, almost all these methods combined. so let's look at the antitrust cases being declared unconstitutional. there's the case that controls 98% of the sugar production in the country. the supreme court found a way to say they were not a monopoly. he was a soul defender and of course railed against a giant combination pretty much within five years the same justices the that ruled the other way would begin. i don't know that it was harlan persuading, but there are examples of the same people literally changing their mind. all of our wendell holmes changed his mind on the amendment. they greatly relaxed the rules and allowed for more antitrust actions.

first, let me introduce phil ginsburg, the general manager of park and rec is going to introduce the mayor. let's welcome phil ginsburg. >> happy holidays everybody. >> welcome back after a really difficult couple of years. welcome back to golden gate park. it's crazy out here. first thing i want to do is let's hear it for our incredible mc. unique. all right. so my job is to welcome you all to the annual lighting of our beloved uncle john tree and the kickoff of the lights. brought to you by the recreation and parks department. the san francisco parks alliance, illuminating the conservatory of flowers and the national memorial grow. all right. i only have about 20 more minutes. it will be good. so let's talk about how important this celebration is. this special v.i.p. i'm going to bring up in a second has been lighting holiday trees and and menoras all over the city for a week. there's only one city holiday tree and it's right behind you. let me tell you a little bit about this tree because to understand this tree, to understand our city and to understand golden gate park. this tree

her words to put it exactly called heavy-handed judicial intervention, and ruth bader ginsburg went on to say this so interestingly. ro halted moved and uninformed direction and thereby prolong divisiveness and deferred stable sediment of the issue. so, and going back to the political process. >> kayleigh: that something he said over and over again, it's not something that should have been worked out, not something decided by nine people sitting here but by the people closest to them a representative c clost to them to make these decisions. if you've heard any arguments about what you've learned in the 50 years since a row andly the 30 years since kc there was a conversation about science, fetal develop meant. it was something that justice sotomayor or wanted to shut down. it's -- the issue of viability compared something that's only embraced by french doctors or a few people out there but there's actually a lot of briefing in that there are a number of medical experts who they do do birds on this but there are those that believe earlier on you can see that a fetus will recoil from sti

ginsburg have set about trying to help people defend themselves from? >> yes, the audit is one of the tools in the current tool kit for intimidating and harassing election officials. these are not professional audits. in wisconsin, the asumbly directed audit led by a former supreme court justice, whose name appeared on your screen, this mr. gableman has acknowledged he doesn't know anything about running an election. however, he did come into the audit with a view that the 2020 election had resulted in theft. it was fraudulent. voters had been stolen from. so he knows nothing about elections or how they're run, but he had an opinion, and he's the person the assembly chose to put in charge of this audit. we have seen this before. we have seen this in, say, arizona with the so-called cyber ninjas audit that was also an embarrassment. once again, it involved people who did not know anything about running an election, much less auditing one after the fact. but election officials now understand, and this is the key point. that partisan actors are seeking to

>> that's right, , marty is mary ginsburg of course, yeah. so when i first came to harvard and i decided to teach a different course than i had thought before, i began a course on women work and family. and i went around the room. it was a very, very small class, and i asked my students what they wanted, and one of the students in the class, you know, this is why i love my students so much is, she came out with a statement that i think that if i fought hard and hard i probably would not of even able to sas beautifully. she said i want a spouse who wants what i want. and in some sense what she was saying was you can learn to negotiate with your boss, with your manager, with your supervisor, you could learn to walk into h.r. and say this is what i deserve, but dammit, do it first with the person you're going to share a family with, just to make clear that that person wants what you want. i somehow get a sense, a sense, that, and maybe a sense that because i live as many of us do in her own little bubble, and that college-educated men, and i wou

ginsburg's seat. unfortunately, even if she had been more forthcoming or diane feinstein had asked about it, there would still be votes to confirm her. >> it's important to remind our viewers that she was confirmed while the elections were already under way. voting had already begun making this an absolutely unprecedented supreme court confirmation process. thank you so much for joining us tonight. greatly appreciate your insights. please stick around. we've got a lot more to discuss throughout the program. >>> before we go to break, the story we've been following for you throughout the evening, the tragedy unfolding in the midwest and south eastern u.s. following a series of tornados that struck. as we mentioned 30 tornados reportedly across those six states. unfortunately and tragically dozens of people feared dead at this hour. we'll continue to bring you the latest on it as it develops. >>> we're going to take a look at what some of the classic characters from trump's circle are doing right now. b

he joined that wisconsin lawmaker, along with longtime republican elections lawyer, ben ginsburg and others in calling out efforts to delegitimize u.s. elections. so, david, talk to me about wisconsin. why does it worry you so much? >> well, wisconsin right now is ground zero for the election denial that we are seeing and the attacks on election officials which are weakening our democracy. i organized yesterday's event with the senator and ben ginsburg and bob bauer from our obama white house counsel to show this is an issue that goes to the very core of our democracy. wisconsin is a state, for example, that has very well-run elections. they have a tradition that goes back decades of nonpartisan election administration. they have paper ballots that are auditable throughout the state. they, in fact, audit those ballots regularly. they had more preelection litigation than ever before to clarify the rules. all of the rule changes that might have come about because of covid were done out in the open, and everyone knew about them and could challenge them if they wanted to. and they had mo

ruth bader ginsburg, o'connor, san antonia have all taken part in a memorable event. and justice breyer joins that esteemed list in 2016. we are honored to invite him back. justice breyer, as you probably know, has a long history as a legal educator and a continuing affiliation with harvard university. in fact the book that he will discuss tonight the authority of the courts and the peril of politics had its beginning in august 2021 at a presentation for the harvard law school lectured series. an educator's voice is present throughout the book as he talks about the importance of judicial power, the role of law and the role of the judiciary plays in the american body politics. for example he talks about the landmark case of the 1954 brown versus board of education decision and amplifies that through cooper v aaron which came three years later which reiterated that decision. we are happy to see he takes on this discussion about how the expansion of the courts authority and these events become key catalysts for a white wider civil rights movement that was defined in the

one of the witnesses, tom ginsburg, said if we were writing the constitution now, there is no way that we would pick life tenure. on the second question about whether judges identify with political parties of the president who appointed them, i think it is true that they don't. you can see in the recent past some trump appointed judges ruling against trump. because i think justices generally do not identify with the president as a person. so much. they probably don't identify with a political party as a party very much. although you do see some or related decision that seem to be favoring the republican party pretty consistently. what that means is that judges are different. and judges acting in good faith will reach very different conclusions. so you don't have to say this is conscious partisan havey or. that is what these reforms are responding to, in my view. >> let's go specifically not adding seats. nancy gaertner and larry t., none of the reforms that have been proposed precisely for the problem that presents. i was amazed to see that two of them come out, changing their mind bas

. >> then last year, justice ginsburg passed away less than two months before the election. what happened? according to pbs, mcconnell called trump the night ginsburg died urging him to select amy coney barrett. >> mcconnell told him two things. he said first, i'm going to put out a statement that says we're going to fill the vacancy. second, he said you've got to nominate amy coney barrett. >> less than a year later, justice barrett appeared at an event at the mcconnell center at the university of louisville. that's right. the mcconnell center at the university of louisville. she told this to the ground. my goal today is to convince you this court is not comprised of a bunch of partisan hacks. now, where would anybody get an idea like that? never mind. the polls show that the majority of americans oppose overturning roe versus wade. opponents of roe have become the dogs who caught the car except in this case, they have no idea how to drive it. more like dogs playing poker at this point. if roe is struck down or gutted, other states will likely outlaw abortion. does anybody

wade happened, when the court decided that case, you had none over than ruth bader ginsburg who criticized the case look why isn't the political process i'm paraphrasing her. why not the states decide this was an overreach. hear scott stuart arguing for the mississippi law. essentially echoing ruth bader ginsburg argued how wrongly decided this case was, it was really interesting to see. what this all boils down, to pete, we have had 62 million children that have perished in this country who are not with us today because of roe v. wade. and one of the most gross disgusting moments i saw from the white house podium was when the press secretary was asked is a baby at 15 weeks a baby? i saw my daughter at 10 weeks. watched her heart beat and saw her on ultrasound. baby blake was in fact a baby at 10 weeks. 15 weeks heart beat fully formed arms and legs moving rapidly ability to detect life beneath closed eyes, this is a baby who has life, liberty and interest as well. the fact that the white house can't acknowledge a baby is a baby, it was a sad moment, i think, for our country. >> pete: it i

one of the witnesses, tom ginsburg, said if we were writing the constitution now, there is no way that we would pick life tenure. on the second question about whether judges identify with political parties of the president who appointed them, i think it is true that they don't. you can see in the recent past some trump appointed judges ruling against trump. because i think justices generally do not identify with the president as a person. so much. they probably don't identify with a political party as a party very much. although you do see some or related decision that seem to be favoring the republican party pretty consistently. what that means is that judges are different. and judges acting in good faith will reach very different conclusions. in order to say this matters a hold of the judges are. that is what these reforms are responding to, in my view. >> let's go specifically not adding seats. nancy gaertner and larry t., none of the reforms that have been proposed precisely for the problem that presents. i was amazed to see that two of them come out, changing their mind basically,

[laughter] she reminded us powerfully after eulogy for ruth bader ginsburg that despair is never an option. rabbi? please come forward. [applause] i can give you this. >> thank you, mr. president. first lady, dr. biden, vice president harris and second gentlemen emhoff, leader schumer and let me just say, second gentleman, it is so wonderful to see you again. rabbi alexander and i are so excited you have been to our synagogue and attending services. it is our gift to have you in our presence. [applause] what a miracle it is to be standing here today with all of you in the white house. [applause] these past 24 months have been harrowing. rabbis like myself carry troubles in our trunks because that was the amount of funerals we were doing weekly. we felt this pandemic more than i can express. we have all experienced enormous loss throughout this pandemic and of course, it is not over. but hanukkah reminds us that life can grow even amidst the darkest times. we have been blessed by awesome light. vaccines, science, leadership built on love -- [applause] honesty, human dignity and leaders that

hopefully we don't have to go through a lengthy permit process, bill ginsburg. we used to use it. now it is city bureaucracy. we will deal with that another day. this was so important one of the most recent bond $2 million was dedicated to this particular project. getting us to this extraordinary place was our champion and addvo cat in sacramento senator weiner bringing in $4.8 million. [applause] >> the resources to make this a reality is driven by this community. this community that raised me, that is near and dear to my heart, this community that has suffered for so many years and deserves it more than anything else. not only what i am hoping for to make sure this is reality. when you think about it when you visit other countries, they have marketplaces, vendors and people where you just go and pick up what you need. there are so many talented and creative people i have met during my time at the cultural center where they sell shay butter and clothing. the african-american art and culture complex are in stones town selling things they made. they are from this community. we want

. >>> i want to turn now to cnn contributor and republican lex lawyer ben ginsburg. thank you for joining us. we heard in sarah my murray's s how experts are concerned they're just the rehearsals to steal the election in 2024. how real is this threat? >> well, there are a lot of pieces that are going in place that means people should be on guard. that includes what sarah was reporting about about trump supporters trying to get into election official roles. who knows for what motive, though there's certainly a lot of speculation about that. and you've got the rules of the game being governed by something called the electoral count act, which is a big antiquated law which would just be a devil's workshop if it ever became outcome determinative in a presidential election. >> you know, ben, we are, as you said, there are things being put into place where we're seeing it all over the country, the republicans passing laws to restrict voting and putting themselves in position where they can tip the scales in their own favor. rejecting electors, appointing their own. i mean,

justice ginsburg was appointed next. how had it changed? was a different and were you surprised -- was it different and were you surprised? >> it was a court with a mission. 1954, the court had decided that plessy b ferguson was down the goering -- plessy v ferguson was down the drain. it was equal protection under the law. they sent it in 1954 we all know what happened what happened in 1955. nothing. 1956, double nothing. 1957, a rather brave judge in little rock said those little rock nine, those brave students are going into that white school central high school. the governor said maybe those students have a court order but i have the state militia. they are not. eisenhower, i would like to see that at the monument that they are building for him. he called in 1000 troops from fort bragg, 101st airborne, they walk into that white school. i would like to say that is the end of the story. it was not. what happened was after a few months the troops had to withdraw. when that happened the school board said we are not going to integrate anymor

justice scalia, justice ginsburg, and how those were handled by the senate. >> yes. this is the moment that they've been waiting for. but this is also the moment. and thing is a fair word to use, that they've been scheming for a while. scheming in the sense of organized effort with the federalist society to groom judges and make sure they did a better job of picking judges with the more recent republican president than with our predecessors, but also seize the moments that you mentioned, lawrence, the death of justice scalia and preventing barack obama from filling that seat with merrick garland, and then racing through amy coney barrett, the newest justice as a replacement for justice ginsburg when she died. really honestly impressive political work in a sense on the part of republicans to get to this momentous point that we're at with this, as you say, newly radicalized supreme court. >> dahlia lithwick, what are you going to be listening for tomorrow at 10:00 a.m. when this mississippi case is argued before the supreme court? our viewers will be listening. they do

what do you think about the future of chevron deference now that justice scalia, justice scalia and ginsburg were both its greatest fans and they have both left the court. what do you think? >> you know, -- >> not all of us are on the d.c. circuit judge. [laughter] >> yeah. i think one of the interesting parts that justice thomas is highlighting, in some ways, deference isn't the main problem. the main problem is delegation. if congress is going to continue to delegate to agent these incredibly wrought authority, judges are going to have to do something that looks like deference, whether we call it chevron deference or something else. i think that if we move away from, if the court starts to have more robust of enforcement, that will lead to less deference to agencies. but until then, i think some of the labels may change. i think it's unlikely -- if agencies can exercise so much discretion under these broad statutory authorities, there is not much for courts to do other than something that looks like deference, unless the agencies really stepped out of its statutory authority. i think the c

. >> justice ginsburg was appointed first. you are next by president clinton. when you got on the court, how had it changed from when you are clark. wasn't much different? are you surprised? >> yes. it was different. when i clerked i felt it was a court with a mission. what mission? in 1954, the court had decided that does eb ferguson -- plessy v ferguson, rightly, was down the drain and illegal segregation is contrary to -- and illegal segregation is contradictory -- contrary to this document, equal protection under law. they said it in 1954 and we know what happened in 1955, next to nothing. 1956, yeah, double nothing. 1957, a rather brave judge in little rock said those little rock nine, those nine brave black students are going into that white school, central high school. but, the governor said maybe those students have a court order but i have the state militia. they are not. eisenhower, i would like to see that the monument -- at the monument they are building for him, he called in 1000 troops from fort bragg and they took those nine black children and wa

[laughter] david: justice ginsburg was appointed first and then you were appointed next by president clinton. how did the court change from when you were a clerk and were you surprised by the changes? justice breyer: yes. i thought it was different in this respect when i clerked. i felt it was a court with a mission. what mission? in 1954, the court had decided that plessy v. ferguson, rightly, was down the drain. and legal segregation is contrary to this document, equal protection of the law. they said it in 1954. we both know what happened in 1955, nothing. next to nothing. 1956, double nothing. 1957, a rather brave judge in little rock said those little rock nine, those nine brave black students are going into that white school. but the governor said maybe those students have a court order, but i have the state militia and they are not. eisenhower, i would like to see that at the monument they are building, he called in a thousand troops from fort bragg, 101st airborne, and they took those nine black children and walked into that white school. i would like to say that is the end o

[laughter] david: justice ginsburg was appointed first and then you were appointed next by president clinton. when you got on the court to how had it -- when you got on the court, how had it changed from when you were a clerk and were you surprised by the changes? justice breyer: yes. i thought it was different in this respect when i clerked. i felt it was a court with a mission. what mission? in 1954, the court had decided that plessy v. ferguson, rightly, was down the drain. and legal segregation is contrary to this document, equal protection of the law. they said it in 1954. we both know what happened in 1955, nothing. next to nothing. 1956, double nothing. 1957, a rather brave judge in little rock said those little rock nine, those nine brave black students are going into that white school. central high school. but the governor said maybe those students have a court order, but i have the state militia and they are not. eisenhower, i would like to see that at the monument they are building for him, he called in 1000 troops from fort bragg, 101st airborne, and they took those nine

[laughter] david: justice ginsburg was appointed first, but then you were appointed next by president clinton. when you got on the court, how had it changed from when you were a clerk? were you surprised by the changes? justice breyer: yes. i thought it was different in this respect when i clerked. i felt it was a court with a mission. what mission? in 1954 the court had decided that plessy v. ferguson, rightly, was down the drain. and legal segregation is contrary to this document, equal protection of the law. they said it in 1954. and we both know what happened in 1955 -- nothing. next to nothing. 1956, yeah, double nothing. 1957, a rather brave judge in little rock said, those little rock nine, those nine brave black students are going into that white school, central high school. but the governor said, maybe those students have a court order, but i have the state militia, and they are not. eisenhower, i would like to see that at the monument they are building for him. he called in 1000 troops from fort bragg, 101st airborne, and they took those nine black children and walked into t

. >> and then you want in 2187 / two ruling ginsburg and sotomayor were dissented of course but that was an amazing occasion but what was that like when you one quick. >> that was just as emotional i was even more surprised because it was three weeks before the end of the session i was confident they would make the announcement until the last day. and then to say we have masterpiece. >> seven / two so what just happened? then the phone starts ringing and people are driving by and honking and waving it was just incredible. host: it is like to david and goliath. >> so what was one of the keys to winning the case according to the supreme court? why did they ruled in your favor? >> one of the key factors was the commissioner comparing my case to the holocaust i forget how they phrased it but in permissible hostility. permissible hostility. . . what does that mean again? >> that congress shall pass no law that establishing religion or prohibiting the free exercise thereof. so in essence they were saying you can have your religion and do whatever you want to you just can't exercise, you ca

first, let me introduce phil ginsburg, the general manager of park and rec is going to introduce the mayor. let's welcome phil ginsburg. >> happy holidays everybody. >> welcome back after a really difficult couple of years. welcome back to golden gate park. it's crazy out here. first thing i want to do is let's hear it for our incredible mc. unique. all right. so my job is to welcome you all to the annual lighting of our beloved uncle john tree and the kickoff of the lights. brought to you by the recreation and parks department. the san francisco parks alliance, illuminating the conservatory of flowers and the national memorial grow. all right. i only have about 20 more minutes. it will be good. so let's talk about how important this celebration is. this special v.i.p. i'm going to bring up in a second has been lighting holiday trees and and menoras all over the city for a week. there's only one city holiday tree and it's right behind you. let me tell you a little bit about this tree because to understand this tree, to understand our city and to understand golden gate park. this tree

. >> the first came when the late ruth bader ginsburg was a justice now there's a 6, 3 conservative majority today. liberal justices warned that nothing around. the issue has changed. only the political makeup of the court taking the case up now warren justice sotomayor is a threat to the legal justice system. will this institution. >> survive the stench. that this creates arguing to curtail abortion rights. 39 year-old scott stewart, a former trump justice department lawyer who defended family separations at the border in federal court. now mississippi, solicitor general roe and casey have failed. but the people, if given the chance will succeed in the end, a majority of the conservative-leaning court seem sympathetic to stewart's argument. if roe is overturned or weekend, 12 state stand ready to outlaw abortion immediately. but we won't know how the justices rule until a decision is announced likely late spring or early summer next year reporting in washington. i'm kelly meyer. >> well, even if roe versus wade is over, turn or weekend. the california state constitution does and wood contin

[laughter] david: justice ginsburg was appointed first, but then you were appointed next by president clinton. justice breyer: yes. david: when you got on the court, how had it changed from when you were a clerk? was it much different? were you surprised by the changes? justice breyer: yes. i thought it was different in this respect. when i clerked, i felt it was a court with a mission. what mission? in 1954, the court had decided that plessy v. ferguson, rightly, was down the drain. and legal segregation is contrary to this document, equal protection of the law. they said it in 1954. and we both know what happened in 1955. nothing. david: right. justice breyer: next to nothing. 1956, yeah, double nothing. 1957, a rather brave judge in little rock said, those little rock nine, those nine brave black students are going into that white school, central high school. but the governor said, maybe those students have a court order, but i have the state militia, and they are not. eisenhower, i would like to see that at the monument they are building for him. he called in 1,000 troops from for

[laughter] david: justice ginsburg was appointed first, but then you were appointed next by president clinton. justice beyer: yes. david: when you got on the court, how had it changed from when you were a clerk? wasn't much different? were you surprised by the changes? justice breyer: yes. i thought it was different in this respect. when i clerked, i felt it was a court with a mission. what mission? in 1954, the court had decided that plessy v. ferguson, rightly, was down the drain. and legal segregation is contrary to this document, equal protection of the law. they said it in 1954. and we both know what happened in 1955 -- nothing. next to nothing. 1956, yeah, double nothing. 1957, a rather brave judge in little rock said, those little rock nine, those nine brave black students are going into that white school, central high school. but the governor said, maybe those students have a court order, but i have the state militia, and they are not. eisenhower, i would like to see that at the monument they are building for him. he called in 1000 troops from fort bragg, 101st airborne, and t

host: june 4th, 2018, you want at the supreme court a seven / two ruling ginsburg and justice and mayor dissented. of course. but that was an amazing location. what was that like when you want quick. >> i still get emotional as a day they granted it. i was even more surprised because it was three weeks before the end of the session and i was confident they would not make an announcement until the last day that they granted my search. and they saidd we have masterpiece. seven / two. i am sitting at my computer. this just happened. immediately the phone starts ringing and people at my shop and driving by and honking and waving. it was incredible. host: like david and goliath story. and then you mentioned in the book, what was one of the keys to winning the case according to the supreme court? why did they rule in your favor? >> talk about the commissioner comparing my case to the holocaust. i forget how they phrased it but in permissible hostility. that than the other component was the inequity that the commission would come after me for my case that these other three bakeries that deny t

[laughter] david: justice ginsburg was appointed first, but then you were appointed next by president clinton. justice breyer: yes. david: when you got on the court, how had it changed from when you were a clerk? was it much different? were you surprised by the changes? justice breyer: yes. i thought it was different in this respect. when i clerked, i felt it was a court with a mission. what mission? in 1954, the court had decided that plessy v. ferguson, rightly was down the drain. , and legal segregation is contrary to this document, equal protection of the law. they said it in 1954. and we both know what happened in 1955. nothing. david: right. justice breyer: next to nothing. 1956, yeah, double nothing. 1957, a rather brave judge in little rock said, those little rock nine those nine brave black , students are going into that white school, central high school. but the governor said, maybe those students have a court order, but i have the state militia, and they are not. eisenhower, i would like to see that at the monument they are building for him. he called in 1,000 troops from f

route bader ginsburg, it seemed entirely to remove the ball from the legislator's court and one professor acknowledged that roe short circuited these assessments, the fallout of roe as affirmed by planned parenthood and casy, it's become a cage match, a fight here in the united states senate. someone as emminantly qualified as amy coney barrett should have been confirmed unanimously. and they believed that the court would block their agenda. nearly half a century, every state effort to provide protection to unborn babies has been foiled by the judicial branch. something terrible wrong has happened to our democracy when so much energy is focused on the court and in an attempt to put the roe to bed, the court's heavy handed judicial intervention was difficult to justify and appears to have provoked, not resolved conflict. and in 1993, declared that the ruling, quote, prolonged divisiveness and deferred stable settlement of the issue. given these examples of our polluted discourse, no one can reasonable say that the politics of abortion have improved since then and in fact, it's only gotten

here we go, we have phil ginsburg, the general manager of the san francisco recreation and parks department. come on up. as well as our city administrator car men chiu. come on up. we also have the state senator scott weiner and, of course, we have our san francisco mayor london breed. [cheers and applause] [♪♪] all right. so our elfs are going to help us out too. are we all ready to do this? all right. we're going to count down from ten as a group. here we go. ten, nine, eight, seven, six, five, four, three, two, one! [cheers and applause] [♪♪] >> say thank you. and now, we have a very special added performance for every class. you may have seen them on "america's got talent" or maybe on their recent jc penney commercial. they're here now to please welcome san francisco's first family of song, the curtis family c-notes. [cheers and applause] >> hi. how are ya'll doing, san francisco? this is the most beautiful tree i have ever seen and it's so good to be out here with all ya'll. give yourself a round of applause. [applause] and i think i hear the mayor. yes. all right. guys, you re