chief justice roberts: justice kagan? justice kagan: mr. hearron, if i could turn technical for a minute. should one of your arguments prevail or another argument in support of your position prevail, it doesn't matter exactly which argument it is to me, what exact relief are you requesting? mr. hearron: we are requesting an injunction. so we have a pending class certification motion for a defendant class against the clerks, so we would be requesting an injunction against the commencement or the docketing of lawsuits against the clerks of the state of texas, as well as injunctive relief against the state executives for their residual authority to enforce s.b. 8. justice kagan: i mean, suppose i i think, tell me if i'm wrong on this, that just the procedural morass we've got ourselves into with this extremely unusual law is that we would really be telling the fifth circuit, again, if your position prevailed, that the district court had to be allowed to continue with its preliminary injunction ruling. is that correct? mr. hearron: i think, tec

. >> on that i believe the government's response and i this is which is what justice kagan is getting at. in rust the question is whether you are put to a choice. and here the government says there is no choice that you are put to. because individuals can still educate their children in religion by sending them to, i think it's after school programs or saturday or sunday programs. what are your thoughts about that? >> well your honor, the court in espinoza held that parents have a right to direct the religious up bringing of their children and that many parents exercise that right by sending their children to religious schools, which is protected by the constitution. so there is no question that parents have a constitutional right to send their children to a religious secondary school. now, in making that argument that somehow this is all okay, this discrimination is okay because you can go to a weekly bible study. number one, that's insulting that parents who are in the position of determine what is's inappropriate religious education for the child, but it also ignores the excluded a

as justin jim justice kagan different states and localities can decide to do it differently. one state can decide we will adopt religious exemptions to applicable laws holding with the free exercise clause requires us to do that. another state could say we will be more accommodating because that is keeping with our traditions the likely public reaction to the various steps we might take. >> as the court emphasizes the establishment and the free exercise they may in some sense be intention but they don't compel a single course of action and there is room for the government to exercise discretion as to what balance it wants to strike. >> the next thing i want to say this is a case of what the government has to subsidize and fund it's not a case about the government either imposing affirmative restraints on religion or denying applicable benefits to persons based on religious exercise outside of the program. i did want to speak to the question that justice gorsuch raised, parents can still send their children for religious instruction after school or on weekends. it was not our

so did justice kagan. a big power. and i don't see how they want to give that the power to interpret that. that is a ready-made doctor from that situation describing in that. >> i'm not here to reject any type of deference that you want. >> to get it right for the reason as it has implications spent the provision we are interpreting says as calculated and adjusted by the secretary as necessary for purposes of this paragraph you would be hard-pressed to find a more explicit delegation of authority. >> you say delegation but does that word purposes mean purposes more directly related? or doesn't mean purposes that might be broad enough that word -underscore justice kagan's point about eviscerating through the limitation as we listen to this but not before i do think it is fairly important question i don't see how the agency would be given the power to shift from one or the other that's why this time i will change 50 times. >> with that final matter it's clearly as chevron case with the authority of the secretary to issue

linda how do you understand this build bridges attitude that justices kagan and breyer have versus, go ahead and burn it down and how do you see that playing out because two of them will probably be around longer and be in the remaining leadership positions on the liberal side justice kagan and sotomayor. >> i think it's a difference in approach so i think both justice breyer and justice kagan think the role they can serve best is is to be able to somehow reach some of the justices and as far as we know that it happened. there's certainly been cases that have turned out to be more narrowly focused indyke can't sit here and prove that that's because stephen breyer exerted some kind of influence or cast some kind of magic spell on the others but i think sonya sotomayor has given up -- and she tells the truth to the american public as she sees it about the dealings of the majority and to make the record because none of us, none of them and none of us will be here forever but history will be written about the supreme court and she is on -- 13 executions that the trump administration carrie

our constitutional crisis is already here. writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave, and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and m. s. n. b c's. john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate and that violence was appropriate tool to remove human restore. donald trump considering that throughout 2020 a large scale, political violence was almost exclusively left wing arena. with many american cities being burned or looted under the guise of b, l, m, and t for activism her

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidents of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear afar from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emma send me, sees john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and that may be as many as 12 percent of the american people now say, the job was illegitimate. and that violence was appropriate tool to remove human restore. donald trump considering that throughout 2020 a large scale, political violence was almost exclusively left winger rena, with many american cities being burned or looted under the guise of b, l. m, and t. for a

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidents of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emma and b c's. john heilman make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate. and that violence was appropriate tool to remove human restored. donald trump considering that throughout 2020 large scale political violence was almost exclusively left wing arena. with many american cities being burned or looted under the guise of b, l. m, and t for activism. hear

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emma send me, sees john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and that may be as many as 12 percent of the american people now say, the job was illegitimate. and that violence was appropriate tool to remove human restoring. donald trump considering that throughout 2020 a large scale, political violence was almost exclusively left winger rena, with many american cities being burned or looted under the guise of b, l. m, and t. f

and justice kagan points out there's a loophole that's been exploited here or used here which is the private suits are enforced by state court clerks or judges, so the question becomes should we extend the principle of ex parte young to in essence close that loophole. in other words, put aside the language in ex parte young if he could and that is strong for you, i agree, but the principle of ex parte young, and the whole sweep of ex parte young would suggest extending the principle here arguably. >> two points, your honor, one, no, precisely because this court has disclaimed the power to create such an innovation in group on mexicano. my friends arguments on the other side might have one exception, this court has disclaimed the ability to give itself the power to essentially create a novel nontraditional cause of action, and if the language that we're discussing in ex parte young means anything, it means that certainly an injunction running against a state court to prevent the adjudication of a state law case is something entirely foreign and traditionally. >> do you agree there's s

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and m. s. n b c's. john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate. and that violence is appropriate tool to remove human restore. donald trump considering that throughout 2020 large scale political violence was almost exclusively left wing arena, with many american cities being burned or looted under the guise of b, l. m, and t for activism. here i

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emma send me, sees john heilman, make it clear that in their opinion, the threat of violence comes solely from the right. at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate. and that violence was an appropriate tool to remove human restoring. donald trump considering that throughout 2020 large scale political violence was almost exclusively left wing arena. with many american cities being burned or looted under the guise of b, l. m, and t for activi

our constitutional crisis is already here. writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country. into warring a red and blue enclave, and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and m. s. n. b c's. john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate and that violence was appropriate tool to remove human restored. donald trump considering that throughout 2020 large scale political violence was almost an exclusively left wing arena. with many american cities being burned or looted under the guise of b, l, m, and t for activism h

our constitutional crisis is already here. writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country. into warring a red and blue enclave, and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emerson. b c's. john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent, and maybe as many as 12 percent of the american people now say the job i was illegitimate and that violence was appropriate tool to remove and human restore donald trump considering that throughout 2020 a large scale, political violence was almost exclusively left winger rena, with many american cities being burned or looted under the guise of b, l. m, and t for activ

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidents of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emerson, b c's, john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate. and that violence was an appropriate tool to remove human restored. donald trump considering that throughout 2020 large scale political violence was almost exclusively left wing arena. with many american cities being burned or looted under the guise of b, l. m, and t for activism.

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidents of mass violence, a break down, a federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emerson, b c's, john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate. and that violence was an appropriate tool to remove human restoring. donald trump considering that throughout 2020 large scale political violence was almost exclusively left wing arena. with many american cities being burned or looted under the guise of b, l. m, and t for activism

our constitutional crisis is already here. writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave, and to be clear afar from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and m. s. n. b c's. john heilman. make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent, and maybe as many as 12 percent of the american people now say the job was illegitimate and that violence was appropriate tool to remove human restore. donald trump considering that throughout 2020 large scale political violence was almost exclusively left wing arena, with many american cities being burned or looted under the guise of b, l. m, and t for activism. here in

. >> justice kagan? >> mr. hearron, if i could turn technical for a minute, should one of your arguments prevail or another argument in support of your position prevail, it doesn't matter exactly which argument it is to me, what exact relief are you requesting? >> we are requesting an injunction -- so we have a pending class certification motion for a defendant class against the clerks and we would be requesting an injunction against the commencement or the docketing of lawsuits against the clerks across the state of texas as well as injunctive relief against the texas officials for their ability to enforce sb 8. >> suppose you think, tell me if i'm wrong on this, that just the procedural morass we've got ourselves into with this extremely unusual law, is that we would really be telling the fifth circuit, again, if your position prevailed, that the district court had to be allowed to continue with its preliminary injunction ruling. is that correct? is that what we would be doing? >> i think technically what you

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidents of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and m. s. n b c's. john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate. and that violence was appropriate tool to remove human restore. donald trump considering that throughout 2020 large scale political violence was almost exclusively left wing arena, with many american cities being burned or looted under the guise of b, l. m, and t for activism. here

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidents of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emerson, b c's, john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate. and that violence was an appropriate tool to remove human restored. donald trump considering that throughout 2020 large scale political violence was almost exclusively left winger rena, with many american cities being burned or looted under the guise of b, l. m, and t. for activism

. >> justice kagan? >> mr. hearron, if i could turn technical for a minute, should one of your arguments prevail or another argument in support of your position prevail, it doesn't matter exactly which argument it is to me, what exact relief are you requesting? >> we are requesting an injunction -- so we have a pending class certification motion for a defendant class against the clerks and we would be requesting an injunction against the commencement or the docketing of lawsuits against the clerks across the state of texas as well as injunctive relief against the texas officials for their residual authority to enforce sb 8. >> suppose you think, tell me if i'm wrong on this, that just the procedural morass we've got ourselves into with this extremely unusual law, is that we would really be telling the fifth circuit, again, if your position prevailed, that the district court had to be allowed to continue with its preliminary injunction ruling. is that correct? is that what we would be doing? >> i think technical

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear of far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emerson, b c's, john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate and that violence was appropriate tool to remove human restored. donald trump considering that throughout 2020 large scale political violence was almost an exclusively left wing arena. with many american cities being burned or looted under the guise of b, l, m, and t for activism he

on the other side of the court, justices stephen breyer and elena kagan and justice sotomayor raised this issue in slightly different ways. obviously there was long arguments. there were a lot of different points made. but i was struck by the fact that sotomayor, breyer, and kagan, all made this same point, questioned their fellow justicet about what it will do to the perceived legitimacy of the court if, in fact, they would overturn roe. it would be popular. a large majority of the country has said don't overturn roe, that has been true for decades, it's still true now. the more liberal justices effectively made the argument jo that the court will have a problem on its hands if they overturn roe, not just because it's an unpopular decision, even though it would be. it would be a problem for the court if they overturned roe because roe is settled precedent. nothing about the country has changed since roe that would if meaningfully effect the terms on which roe was settled. nothing about the constitution has changed since roe that would affect the way that roe was decided. none of tho

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear afar from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emerson, b c's, john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate and that violence was appropriate tool to remove human restored. donald trump considering that throughout 2020 large scale political violence was almost an exclusively left wing arena. with many american cities being burned or looted under the guise of b, l, m, and t for activism. hea

we also heard from atlanta kagan, a, a liberal justice saying it would be difficult for the public to ignore the stench of politics that this case evokes given back. trump, when he appointed his 3 justices did so explicitly saying he was looking for judges who would overturn roe vs wade. now the impact of a overturn would be dramatic in the landscape of reproductive rights in the u. s. with 12 states already having what are called trigger laws at the ready to immediately ban nearly all abortions as soon as roe vs wade is overturned. if that happens, this is what protesters on both sides had to say about that. and i don't want it to go back to a state by state session, which can be overturned, looked around on a regular basis. it should be a national, right? just like our right to vote, just like our right to whole property to fork our right to be able to have higher education who should be able to control on. so we can see at 15 weeks old, this is what an infant looks like. and 15 weeks old, the child is fully form. we know that they have a central nervous system. we know that the hea

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidents of mass violence, a break down, a federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emma send me, sees john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and that may be as many as 12 percent of the american people now say, the job was illegitimate. and that violence was appropriate tool to remove human restoring. donald trump considering that throughout 2020 large scale political violence was almost exclusively left wing arena. with many american cities being burned or looted under the guise of b, l. m, and t for a

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emma send me, sees john heilman, make it clear that in their opinion, the threat of violence comes solely from the right. at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate. and that violence was appropriate tool to remove and human restore. donald trump considering that throughout 2020 large scale political violence was almost exclusively left wing arena, with many american cities being burned or looted under the guise of b, l. m and t for activism

our constitutional crisis is already here, writer robert kagan lamented that quote, the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonable chance over the next 3 to 4 years of incidence of mass violence, a breakdown of federal authority and the division of the country into warring a red and blue enclave. and to be clear, a far from believing that potential political violence could be a both sides situations where democrats and republicans alike end up taking arms for their respective causes. commentators like kagan and emerson, b c's, john heilman, make it clear that in their opinion, the threat of violence comes solely from the right, at least 8 percent. and maybe as many as 12 percent of the american people now say the job was illegitimate and that violence was appropriate tool to removing him and restored donald trump, considering that throughout 2020 large scale political violence was almost an exclusively left wing arena. with many american cities being burned or looted under the guise of b, l, m, and t for activis

on the other side of the court, justices stephen breyer and elena kagan and justice sotomayor raised this issue in slightly different ways. obviously there was long arguments, a lot of different points made. but i was struck by the fact that sotomayor, breyer, and kagan, all made this same point, questioned their fellow justices about what it will do to the perceived legitimacy of the court. a large majority of the country has said don't overturn roe, that has been true for decades, it's still true now. the more liberal justices effectively made the argument that the court will have a problem on its hands if they overturned roe, not just because it's an unpopular decision, even though it would be. it would be a problem for the court if they overturned roe because roe is settled precedent. nothing about the country has changed since roe that would meaningfully effect the terms on which roe was settled. nothing about the constitution has changed since roe that would affect the way that roe was decided. none of those things have changed in any way materially that would warrant throwing

justice kagan? >> i just wanted to get your quick sense of how your intermediate positions would work if basically the viability line was discarded and undue burden became the standard overall, a standard that according to you, is an unclear one, what that would leave the court with going forward. i'm just sort of thinking about the great virt of regulations that states could pass so whether one is 15 weeks and one is 12 weeks and one is 9 weeks or a variation across a wide variety of other dimensions, what would that look like coming to the court? how do you think we should -- we would be able to deal with that or how would you council that to deal with that if the court were to go down that road? >> this is not to push back against the end, and i will answer your question, but part of why we've counseled is that's the only way to get rid of a number of the problems that i think your honor is alluded to. and that's when you have the undue burden standard, it's a very hard standard to apply. it's no

probably be around longer and be in the remaining leadership positions on the liberal side, justice kagan and sotomayor. >> i think the role they conserve best is to maybe modulate, somehow reach some of the justices to the right and as far as we know, that is there certainly been religion cases, eother cases that have turned ot to be more narrowly focused than one might have expected. because either stephen breyer had some kind of influence or magic spell all the others. i think she's given up on that goal and she has a different goal. that is to tell the truth to the american public as she sees it about the failings of the majority to call them out and to make a record. because none of us are going to be here forever. just on the string of the 13 executions that the trump administration carried out in its last seven months, which is just astonishing, there's not been a federal execution for 17 years and suddenly there were 13 of them if the court did not intervene to stop any of them. she at the end of the day for the last execution listed all the names. it was a kind of save the names

. >> justice kagan? >> was it also possible that in the whole women's health suit, that the ag could stand in for the individual plaintiffs in the way that, in your suit, the state essentially stands in for the individual plaintiffs? >> i think that is possible, justice kagan. so if this court concluded that the ag of texas could properly be enjoined here in the providers suit, that effectively, i think, would pierce the fiction here that the state tried to create, by delegating the ag's enforcement authority to the world at large, and would rightly try to target that aspect of the enforcement scheme. >> justice gorsuch? >> general, are you aware of a precedent that permits an injunction against all persons in the country, the world, the cosmos, to bring suit? >> no, justice gorsuch. >> so this -- >> our injunction doesn't do that either. >> but you said it was against anyone who brings suit, right? i did include that in my limitation. am i missing something? >> just to be clear, and i'm sorry if i wasn'

i think in a gym, we submitted a number it really him. kagan found a been an immutable mer to ha, ha. you mean it? here we go. i, we're going to live allowable is enough to plan a good keegan. mm hm. ah, we'll get a minute. elaina mob anita. hello. yes. hello. hello, we're in. it's in my room. tell him i oh, i find all day. oh my love leah get your act. i bought a nissan into canada, vanderbilt and but anyway, as i read about bringing elaine de sac again. but it ah ah ah ah ah, ah, a with how cool made you doing electronical gun. i'm a fellow fabric did in killer guy when to be younger can can, when you had you mean that and zach and kayla boy kilometer and you'll put gwinnett midra new. who am i speaking to me? dylan? his id number. he of, we can, we can get him to pull up by a tool and how help with that by giving you a good number. be on hold to do that . mm hm. with then i got might be more than yeah, katina, nato quoted you, they'll go by, but we're in random for you, but we'll call mary alabama . you got my, you about my only on the, on the arm and a with a, with a by about prob

well, on the for me and mr. kagan amy inca dwelling oh, pharmaca window. i went out. why did you duke? i need your quote idol. i thought 20 liquor. i think indiana, hey, do case you found gaming calista keith of jennifer? and i do wanna the mercantile hub, i should have been marked with full betty hutton, not to be a secretary to see me seen. no, we them are the well i for tomorrow. the more husband mother the view and i wouldn't have to do a screen. what time it amount, i mean, easier them up, you know the modern yet, but i'm, i don't know because i do bottle tumble to going did he get to him his own government community, local government don't community deal cooling. it could, it will do that deliberately. a tech easy problem to kill me. of course you also said it was like i said, you don't have a difficult hunting. imagine to live without that. men died, locals have indic, avoid lakaya, and somebody should i should've got to look on the car is the guy of what you can either call. see, see, i said i had to go to the got to be them was in what thought can become a wh

and mr. kagan, i mean k dwelling out our medical window. i wonder why you took, i mean, you could, i do. i thought 20 liquor. i think indiana hey, do case as well. okay. maybe a general idea when i'd like to help, i should have been able to talk, but he had to not be a secretary. he machine, no we them either were a husband view and i wouldn't have to do a screen approval time. he de la mean easier them up no matter what, am i in a cause? i do bottle tumble to going. did he get to teams on cochrane? i met community club, don't community, you call them it could, will go deliberately tech using a program to kill me. of course you also said it went to my like i said, you don't have a difficult hunting. imagine to live without that. men died, locals have indic avoid, dec i l l. so what they should, i shouldn't go to look on the car is the guy of what you can either call c c. i said, i think i will call it all got to be them. was it with thought, come become a whoop when i got what a bundle you got me, what can become a will have you mean when i

very strong language from justice sotomayor and justice kagan also just as barr who said they feel like it could kill the court's credibility if they did go after roe or casey? >> to describe this as ironic is a vast understatement. the fact that the supreme court of the united states has for 48 years politicized something, politicized the court itself by injecting itself into public policy determinations, doesn't justify following that in perpetuity. quite to the contrary, he goes on the other direction. i found it interesting that one of those justices, justice sotomayor openly and offensively questioned whether or not unborn human life can respond to painful stimulus. and feel pain. comparing it to the fact that people on the vegetative state can also do the same. there are so many kinds of offensive. not only to the constitution itself but the human dignity. >> shannon: what she said was that she thought that this idea that previability, that an unborn fetus could feel pain is a fringe science. she said a group of french doctors who are in a vast minority and she says it is not actu

. >> justice kagan? >> is it possible in the whole woman's health suit that the ag could stand in for the individual plaintiffs in the way that in your suit the state essentially stands in for the individual plaintiffs? >> i think that is possible justice kagan and so if this court concluded that the ag of texas could properly be enjoined here in the providers suit then that effectively i think would pierce a fiction here that the status tried to create by delegating the enforcement authority to the world at large and could rightly try to target that aspect of the enforcement scheme. >> justice gorsuch? >> general, are you aware of a precedent that permits an injunction against all persons in the country, and the world, the cosmos? >> no, justice gorsuch. our injunction doesn't do that either. >> you said anyone who brings suits and it did include that in my limitation. a missing something? >> just to be clear and its rfi was a clear about this before, we understand injunction only to bind those individu

and justice kagan points out there's a loophole that's been exploited here or used here which is the private suits are enforced by state court clerks or judges, so the question becomes should we extend the principle of ex parte young to in essence close that loophole. in other words, put aside the language in ex parte young if he could and that is strong for you, i agree, but the principle of ex parte young, and the whole sweep of ex parte young would suggest extending the principle here arguably. >> two points, your honor, one, no, precisely because this court has disclaimed the power to create such an innovation in grupo mexicano. to the extent that were still an open question, my friend's arguments on the other side might have one exception, this court has disclaimed the ability to give itself the power to essentially create a novel nontraditional cause of action. language that we're discussing in ex parte young means anything, it means that certainly an injunction running against a state court to prevent the adjudication of a state law case is something entirely foreign and tradi

but justice kagan's argument was saying there has to be a groundswell and that's missing here. she's worried about the politicizing of the court. at the same time the left has now panicked that justice breyer is going to not retire. that conversation doesn't help the politicizing issue, does it? >> it sure doesn't. the court has been plightized from former president trump, talking about my justices, very clearly making the argument that he wanted the 2020 election to get kicked to the supreme court because his justices would hand it to him. >> his justices. >> his justices would hand it to them. you saw the justices in oral arguments raise that concern. you saw polling showing the public believes it when the court perception is reality. >> the minute you a president to appoint supreme court jups tises you've politicized the court. >>> when we comebac firefighter maggie gronewald knows how to handle dry weather... ...and dry, cracked skin. new gold bond advanced healing ointment. restore healthy skin, with no sticky feeling. gold bond. champion your skin. ♪ ♪ cases of anxiet

justice stephen breyer and alina kagan all pointedly raised the same issue today in slightly different ways. obviously there was a lot of arguments, there was a lot of different points made. but i was struck by the fact that they all made the point questioned, essentially, their fellow justices. about what it will do to the perceived legitimacy of the court. if in fact they overturned roe v. wade. not because it would be unpopular. it would be very unpopular. a large majority of the population says don't overturn roe v. wade. that has been that for decades, it is still like this now. but the liberal justice effectively make this judgment that the court is going to have a real problem on attend not because it will be an unpopular decision, even though it would be. it would be a problem for the court if they overturn roe because roe is -- . nothing about the country has changed since roe. that would meaningfully affect the terms on which roe was settled. nothing about the constitution has changed since roe. that would meaningfully effect which was settled. nothing about science has chang

. >> justice kagan? >> well, is it also possible that in the whole woman's health suit that the a.g. could stand in for the individual plaintiffs in the way that in your suit the state essentially stands in for the individual plaintiffs? >> i think that is possible, justice kagan. if this court concluded that the a.g. of texas could properly be enjoined here in the provider suit, that would pierce the fiction that the state has tried to create by delegating the a.g.'s enforcement authority to the world at large and could rightly try to target that aspect of the enforcement scheme. >> justice gorsuch? >> general, are you aware of a precedent that permits an injunction against all persons in the country, the world, the cosmos bring suit? >> no, justice gorsuch. our injunction doesn't do that either. >> you said against anyone who brings suit. i did include that in my limitation. am i missing something? >> just to be clear, and i'm sorry if i wasn't clear about this before. we understand the injunction only