utilizing chatbots, imagemakers and even voice cloners. we'll be following that story. that does it for us this morning. ana cabrera picks up the coverage in just 30 seconds. ana cabrera picks up the coverage in just 30 seconds. hi, i'm ben and i've lost 60 pounds on golo. (guitar music) with other programs i've tried in the past they were unsustainable, just too restrictive. with golo i can enjoy my food and the fear and guilt of eating is gone. right now on "ana cabrera reports," pressure mounting for

israel to change its tactics inside gaza to protect civilians and get the remaining hostages out. u.s. defense secretary lloyd austin touching down in qatar today as officials desperately try to hammer out a deal. plus, dual natural disasters across the globe. in iceland, lava spewing out of a volcano in what experts say is one of the worst possible locations for an eruption. in china, a devastating earthquake killing more than 100 people. and wild weather complicating life in the u.s. after a massive storm knocking out power to more than half a million people in the northeast. a final good-bye for a woman who stands stall in american history. president biden will be among those offering tributes at justice sandra day o'connor's funeral in just under an hour. it is a busy tuesday. thank you for joining us. i'm ana cabrera reporting from

new york. we begin in gaza, where israeli forces say they have been engaged in intense fighting this morning. and have killed a prominent hamas financier in just the last few hours. but pressure in and outside of israel is mounting now to do more to protect civilians and bring hostages home. according to the hamas-run health ministry, nearly 20,000 palestinians have died since the war began. and more than 100 hostages still remain held by hamas. the father of one of those three hostages accidentally killed by israeli forces on friday with this message for netanyahu's government. >> i'm going to say this government, you let hamas take my son on october 7th, and you killed my son on december 14th. >> right now, any potential road to a new hostage deal would run

through qatar, where u.s. defense secretary lloyd austin will be arriving or there he is, arriving this morning. nbc's haleh gorani is joining us now from tel aviv and ali arouzi in egypt. is anything changing when it comes to israel's strategy or tactics? >> reporter: not yet. there have been intense bombardments up and down the gaza strip in the north and in the south. you saw the secretary of defense lloyd austin there touching down in qatar. qatar, an extremely crucial partner when it comes to negotiaing an eventual cease-fire, i should say a temporary humanitarian pause rather than any kind of permanent cease-fire deal between hamas and israel. and this is going to be essential as far as the families of the hostages are concerned. they are angry. they are frustrated. especially after the accidental killing of these three hostages.

and you heard there at the top of the program, ana, from the father of one of those hostages, he was speaking to nbc news about how he believes his government failed his son, failed the other hostages by letting them die twice. this is another part of what he told us and when he shared his frustrations about how the government of benjamin netanyahu has been dealing with this hostage crisis and how some of the hostages' families are saying they are prioritizing the military aims over the lives of their loved ones. take a listen. >> they cannot save us. they don't deserve us as a country, as a community. they are not our leaders. they thinking only on themselves. they are not thinking about the hostages. they are not thinking about us. >> reporter: now, the overall

support for the military effort is high in this country. you're starting to hear, you know, some hesitation about whether or not these military aims that were stated at the beginning of completely dismantling hamas, are they even achievable and at what cost? little by little, the conversation, i have to underline the fact that the support is still high, the conversation may be shifting just ever so slightly, ana. >> and i understand, hala, you spoke to the director of the u.n. works and relief agency in gaza. what is he saying about the humanitarian disaster? >> reporter: it is difficult to overstate how bad it is because as many of our viewers know, the whole northern part of gaza folded into the south, is more than 2 million people now crammed into the southern parts of a very densely populated strip of land with the collapsing hospital system, and infrastructure system taxed to its very limits. we spoke to tom white as part of

some of the reporting we have been doing over the last few days, on the humanitarian situation, specifically how it is affecting children in the gaza strip and this is what he told us about the day to day reality for people who have been displaced in some cases more than once inside of gaza. listen. >> after two months of war, the humanitarian backlog is so great that it is going to take us months to recover from where we're at, and i'm not sure that we have got enough time. trucks alone are not going to stop the suffering here. now what we need is cease-fire. >> reporter: well, the crossing pretty much at the intersection of egypt and gaza and israel has opened for transit, not just for inspections. but as tom white was explaining to us, before the war, 500 trucks would stream through every day. now at best we're hoping for 100

to 200. and the backlog is such that you're looking at months, perhaps even longer, for all of that humanitarian aid to be able to, you know, get to the people who need it in a timely fashion, just as people are largely homeless across the gaza strip, ana. >> homeless and so hungry too, we're hearing, reports are trickling in. ali, what can you tell us about the renewed focus on any potential new hostage deal? >> reporter: hey, ana. cia director bill burns has been in the polish capital meeting with the qatari prime minister and the head of israel's mossad agency. burns played an instrumental role in helping secure the release of over 100 hostages last month, that's why the israelis feel that it is very important that he plays a critical role in this process. and qatar wields a lot of

influence over hamas. now, a source with knowledge of the ongoing talks told us that the meetings were positive, but the negotiators are not expecting a deal imminently. let's listen to what lloyd austin had to say about the subject. >> government plays an indispensable part in a time of crisis. together with egypt, qatar's efforts have helped to secure the release of many hostages held by hamas. and we look forward to doing more together and to make this region more stable and more secure. >> reporter: also separately, ana, secretary austin announce last night the u.s. will launch a multinational maritime force to protect trade in the red sea after a string of attacks by the iranian-backed yemeni houthi rebels who caused many

disruptions along this critical shipping line affecting trade and commerce. the initiatives seems to be expedited after a weekend of increase the attacks which forced major shipping companies to stop shipments in that region. >> thank you for your reporting. back here in the u.s., more than half a million people waking up without power this morning. and just beginning to clean up after that massive northeastern storm that flooded homes and roadways, downed power lines, and killed at least two people. in maine, it is a race to get the power back on for more than 400,000 customers before temperatures are set to drop below freezing tonight. and the impact still being felt in our nation's airports with more than 500 flights canceled yesterday. and hundreds still delayed today. nbc's emilie ikeda is with us from the airport. it is almost crunch time for the holiday travel.

how are things looking this morning? >> reporter: ana, good to be with you. we're seeing some improvement compared to yesterday when thousands of flights had been disrupted and now just a handful of them have been canceled. as you can see behind me, it is a very busy morning at the start of the holiday rush. still, while the storm has moved off the east coast, officials are urging travelers to be cautious and patient when navigating the aftermath of the monstrous storm that has left behind downed trees, power lines, and a hectic start to the holiday rush. this morning, millions of americans still dealing with the impacts of a deadly winter wallop. the risk of flooding high in communities near swollen rivers across the northeast. the region battered by torrential rain monday that stranded drivers and left many in need of rescue. >> i got stranded and the police came and the fire department came. >> reporter: patterson, new jersey, under water, and a state of emergency. officials in vermont, where some neighborhoods had to be evacuated, now beginning to survey the damage from extensive

flooding. >> stay off the roads, if you can. >> reporter: whipping winds also packing a punch, with gusts topping 60 miles an hour in seven states. at least two people died in storm-related accidents. the december deluge snarling travel too on the roads and the runways. one week out from christmas. >> we had to take different routes through the city to get here. >> reporter: travelers hoping monday's 560 plus flight cancellations and more than 5,000 delays won't spill over into the rest of what is expected to be a record week for air travel. >> instead of going from charlotte, north carolina, to florida, we're going to dallas, texas, and then to florida. >> reporter: to help avoid air travel headaches, arrive at the airport at least two hours early. if possible, avoid checking a bag in case of delays. many flights will be full, so have a backup plan if yours is canceled. and download your airline's app ahead of time for the fastest communication. as always, pack your patience as

bad weather complicates the start of the holiday travel crush. and the tsa reporting this morning they expect thursday and friday to be among the busiest travel days through this period, with more than 2.5 million passengers expected to go through tsa screening. that's up 6% compared to last year. >> emilie ikeda, thank you. when we're back in 60 seconds, mark meadows fails to move his case to federal court. will this dial up the pressure on him to cooperate? and the new trouble for rudy giuliani, from the same election workers who won millions in their defamation case against him. also, white hot bubbling pools of lava in iceland. the dramatic eruption more powerful than three previous ones in this area. and more than 100 dead from a earthquake in china. how rescue efforts could be complicated due to the terrain and temperature. orts could be complicated due to the terrain and temperature.

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a big update in the sprouling georgia election interference case. an appeals court has just rejected a bid from mark meadows to move his case out of state court to federal court. meadows argued his actions to overturn the 2020 election results were part of his official duties as trump's white house chief of staff. and that it should be judged in federal court. but the appeals court disagreed, upholding an earlier ruling. blayne alexander is joining us from atlanta. also with us, tim williams. >> they decided two grounds. one saying the statute that mark meadows was citing does not apply to a former federal officer, which, of course, is what he is right now. i want to show you a little excerpt from . they said it doesn't apply to a

former federal officer, but even if it did apply to former federal officers, the events giving rise to this criminal action were not related to meadows' official duties.ing hi are not limitless. one thing we heard from mark meadows on the stand when he testified in august was that as the white house chief of staff, he would do anything and everything necessary for the president of the united states. and that included setting up phone calls, of course, that infamous call he arranged between then president trump and secretary of state brad raffensperger here in georgia. that was his argument, that's what his team has been arguing all along. what we heard from this panel of judges basically says, no, that's not the case. it really affirms what we already heard from the district judge, which was that the actions pain, the alleged actions taken by mark meadows had more to do with the trump campaign than the president of the united states. that's why the judge rejected this argument initially and that's why these judges upheld

that rejection. i think one other thing, ana, very interesting in all of this is the quick turn around in which we got this decision. remember, these arguments happened on friday. we got the decision on monday. so we're talking about the next business day that we heard the decision from the appeals court. >> thank you so much, blayne alexander. how significant is this ruling and how do you see it impacting other cases like jeffrey clark's case, a couple of the georgia fake electors, who are trying to move their cases to federal court? >> i think it is impactful on several levels. first, with the removal case, i think you can consider this other appeals dead. clark, the electors, those are not going to be removed. mark meadows had a much stronger case here and the fact that they rejected his case, we can consider those avenues dead for them. it is also important because of the reasoning here. it has some relation to the broader presidential immunity argument. if mark meadows here is found by this court to have not been conducting any official

business, that's going to be persuasive for the d.c. circuit. so here we're talking about 11th circuit, but the judge that wrote that, he's a very conservative judge. this is not someone who speaking as a lawyer is considered the center here. he's someone who clerks go and clerk for justice thomas at the supreme court. the reasoning here that mark meadows was not acting within basically for president trump, acting for candidate trump, that's going to be persuasive, especially in conservative circles and potentially for conservative judges going higher up to the supreme court. i think it is incredibly damaging for the trump side going forward. >> and as far as former prosecutor, in your shoes, if you are the prosecutor in this case, is this an opportunity to apply pressure for mark meadows to cooperate, potential plea deal? >> 100%. now, fani willis said she's going full speed ahead against mark meadows and trump and giuliani, the core most serious offenders in the remaining

defendants. but i think any prosecutor is always going to be open to making a deal. especially when you have a bigger fish here and no bigger fish than the former president. i think it opens up an opportunity for mark meadows to say, you're facing serious time in georgia, and perhaps now he'll be willing to deal. i think we saw it before the january 6th committee, we have seen mark meadows here, he's always angling, always doing as much as he can to avoid culpability and backs up. now that he's reached a wall, i could see his lawyers perhaps engaging the prosecution again and seeing whether there is a deal to be made here, tt he avoids prison. >> trump's lawyers filed a new motion to try to dismiss this case from georgia on first amendment grounds arguing every charge and overt act alleged against president trump rests on core acts of political speech and advocacy that lie at the heart of the first amendment. do you agree? >> i think this is another example of the trump team throwing spaghetti at the wall. that's what they have been doing.

they're going -- i would expect them to go with every possible iteration of every argument they could have. this is a weak argument, i believe. because one, the charges are not purely prosecuting the former president because of what he said. they're looking at what he did as well. a conspiracy is not merely a thought crime, which is what he is suggesting. it is not merely he said things that you entered into a corrupt agreement. it is actually doing something. that's you and another person had a meeting of the minds in order to push forward an unlawful end goal. so i think this argument is -- i would expect any advocate to push forward any argument you can put down that is culpable but will fail. >> i want to ask you about this new legal trouble for rudy giuliani, he's now facing another lawsuit by the same former georgia election workers who just won their case against him. ruby freeman and shaye moss are asking the court to permanently bar him from defaming them any further, citing comments he made while leaving the court after a

jury awarded moss and freeman $148 million in their initial defamation suit on friday. >> i have no doubt that my comments were made and they were supportable and are supportable today. i just did not have an opportunity to present the evidence that we offered. >> okay. what do you make of this? is he just not learning his lesson the first time? >> the first time, the second time, the third time. i think it is truly shocking that he's opted to go this route. i mean, he could, for example, have taken the stand in the case. when dealing with the damages amount. he chose not to. we're several years past this post election period when president trump and his allies have had multiple opportunities to basically, you know, put up or shut up. they have not because there is no evidence to support the big lie that they have been parroting for years. i think the fact that rudy giuliani now chooses to continue

to defame these two women, i think it is awful. i think importantly it may come to play in his criminal case in georgia. his conditions of release do not allow him to intimidate witnesses. and at some point if you are consistently defaming and effectively attacking and undermining what we all expect will be two witnesses in your criminal trial, i would not be surprised if fani willis goes to the judge in georgia and says do something here. because i think that's what he's doing, he's intimidating these two women, telling people across the -- especially on the right media landscape, to target these women, to accuse them of things they did not do. these accusations about their work as poll workers in fulton county, they did not engage in any fraud. we know what happened. that's been proven years ago. so i think the fact that he continues to do this, i think at some point judges will step in. >> is there any legal reasoning for him to do this, to hold on to this argument, to claim that

this is truly his belief? >> well, i think it is the same thing the former president is doing. they're trying to argue that they genuinely believed that there was election fraud, so they could undercut the argument of criminal intent, which is what the prosecutors have to show. they're saying, if i really believe deep down that it was election fraud, i didn't think i was doing anything wrong, i never formed criminal intent, therefore the argument will go i'm not guilty of criminal offenses. it is going to fail, but i think if we can glean any broader theme or potential planning, that may be what they're going after. >> thank you for offering us your expertise. we have a date now when we will see hunter biden in court in the new year. he's now scheduled to be arraigned on january 11th in the federal court in california for the nine new tax charges filed against him this month. on the same day, on the other side of the country, trump's legal team will make their

closing arguments in the former president's $250 million new york civil fraud trial. all this just four days before the iowa caucuses. next on "ana cabrera reports," the new texas law to tackle record high border crossings that could set up a major clash with the white house. and later, the funeral for the first female justice on the supreme court, sandra day o'connor. how the high court of today is different than the one she served on. rt of today is different than the one she served on. and joints, i'm getting into my groove. ♪(uplifting music)♪ along with significantly clearer skin... skyrizi helps me move with less joint pain, stiffness, swelling, and fatigue. and is just 4 doses a year, after 2 starter doses. skyrizi attaches to and reduces a source of excess inflammation that can lead to skin and joint symptoms. with skyrizi 90% clearer skin and less joint pain are possible. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur.

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welcome back. tensions over border security are growing in texas this morning after governor greg abbott signed a law. there is a new clash with the federal government. nbc news correspondent morgan chesky joins us with the details now from dallas. morgan? >> reporter: this law would enact significant changes, starting with the fact that it would no longer just be breaking a federal law if you cross the border illegally, you would be breaking a state law if you cross anywhere except those legal ports of entry. and in addition to that, it would also empower judges with the ability to expel migrants back to their countries of origin, or face prosecution and it gives state authorities as you mentioned, police officers, state troopers, and sheriff deputies, it gives them the

chance to arrest migrants for crossing illegally. now, we have heard from texas governor greg abbott who says this is a necessary tool in order to slow down this surge of migrants coming across the border in record numbers. but the white house overnight calling this law extreme, saying that it will make texas communities less safe, and that it is solely the responsibility of the federal government to enact immigration laws. now, there is some legal pushback that is anticipated, starting with civil rights groups, who say that this law is unconstitutional and they do plan to sue. we do know that congressional democrats are also leaning on the justice department to take action. and, of course, this all sets up a potential showdown between the biden administration and the state of texas, very similar to what we have seen in fact in recent weeks with a judge ruling against that thousand foot long border buoy installed by the state of texas at the request of texas governor greg abbott.

that, of course, lost its case in court. but texas governor greg abbott says he's confident his law will stand and it is currently set to take effect in march. >> morgan chesky, thank you for that reporting. okay, come take a look at your screen right now. look at these dramatic images out of a volcanic eruption in iceland. this happened unusually fast. how the lava could be unpredictable and how long this eruption could last. plus, the rescue efforts under way in china after a deadly earthquake claimed more than 100 lives next on "ana cabrera reports." next on "ana cabrera reports. so when minds grow, opportunities follow. ♪ michael strahan: discoveries at st. jude have helped increase the overall childhood cancer survival rate from 20% to 80%. so when you support st. jude, you're helping more kids grow up to be whatever they want to be.

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we're back with breaking news. more than 100 people are dead after a strong earthquake and series of after shocks rocked a mountainous area in northwestern china. officials say 6.2 magnitude quake could be felt 65 miles from the epicenter. hundreds are hurt and rescue efforts to pull people from the rubble are under way right now. joining us from beijing is nbc'. how widespread is the destruction? >> this happened in a part of the country remote, mountainous, it is an area along the edge of the tibetan plateau where earthquakes are not uncommon, but this one is on course to be one of the deadliest in the past decade. at least 127 people have been killed according to officials.

more than 500 are injured. the quake struck around midnight last night, tremors lasting at least 20 seconds and felt dozens of miles away. there are now nearly 2,000 firefighters who are at the epicenter and temporary shelters have been set up. the aftershocks are still a factor. some of them measuring magnitude 4.1. it is why officials are warning people who want to come and volunteer to help out to please stay away, because it is still a very dangerous time. >> quickly, janis, we talked about it being a mountainous region and the temperatures impacting the rescue efforts as well what is that situation like? >> reporter: well, there has been a cold wave that has been affecting much of northern china. we're certainly feeling it here in beijing. and it is hampering rescue efforts on the ground there.

the people were running out of their homes into the sub zero temperatures and having to huddle to make it through the night. so, they are trying to work to get temporary shelters set up to get the people into those shelters and then, of course, to try to continue to dig through the rubble, but it is extremely cold. they have very difficult conditions that they're working in. and rescue officials say the next 48 hours are crucial, the concern, of course, is that the toll is going to rise. >> janis mackey frayer, thank you so much. iceland is red hot this morning. a volcano erupting overnight, spewing lava and smoke more than 100 meters into the air and creating a 2 1/2 mile fissure. this eruption was three times more powerful than previous eruptions. and lava is now flowing like a bubbling brook or a lava river toward surrounding towns. as of right now, the town of

grindavik, a couple of miles from the fissure, appears to be okay. so does a nearby geothermal power plant, giving a huge sigh of relief that the worst case scenario may be avoided. nbc's molly hunter has more on this. what is the latest, molly? >> reporter: the pictures are just unbelievable now. icelandic officials are saying the eruption at this time is not life threatening. the lava is moving away from population centers. they believe, though, it may last anywhere from a week to ten days and once that molten lava starts moving, it becomes impossible to stop. this morning, stunning aerial images from southwestern iceland, capturing a late night eruption, spewing searing hot lava from volcanic fissures. it comes after weeks of anticipation and earth shaking seismic activity. icelandic officials say the eruptions brought on by a swarm of earthquakes monday night beginning northeast of grindavik, a fishing village where a state of emergency was

declared last month. the entire population evacuated as a precaution. it is at fourth volcanic eruption in two years and the largest so far, with an initial fissure opening spanning three miles and lava shooting over some 300 feet into the air. >> just fascinating to see just nature in action. i just -- it is just like something from a movie. >> reporter: the icelandic coast guard surveying the area overnight in an effort to confirm the eruption's exact size and location. passengers at one of iceland's main airports just 16 miles away reacting. >> as soon as we know anything, we'll let you know. >> reporter: authorities have raised the country's aviation alert level, because volcanic ash can pose a risk to engines on passenger planes, something that happened when another volcano erupted in iceland in 2010, creating an ash cloud that grounded air travel in europe for more than a week. monday's eruptions follows weeks of intense seismic activity that

spurred thousands of earthquakes, prompting the closure of the country's iconic blue lagoon. now, officials are stressing vigilance and cautious as the region waits on mother nature to run its course. now, we know eruptions are unpredictable. iceland is no stranger to major volcanic eruptions. icelandic officials say those huge lava fountains overnight, hundreds of feet, actually down to about 100 feet now that is good news. and airport officials say at this time there are no disruptions. so flight schedules are running on time. good news for travelers, of course the week before christmas. that means no disruptions at this time throughout europe. back to you. >> fingers crossed. molly hunter, thank you. next, on "ana cabrera reports," what are the protocols this holiday season if you get covid? we'll talk to a doctor as covid and flu and rsv cases are on the rise. plus, the final good-bye for sandra day o'connor, the first

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learn how abbvie could help you save. like the grinch, covid, flu, rsv, are rearing their ugly heads, just in time for the holidays. so how can you stay healthy during this holiday season in light of the uptick in cases across the country? joining us now nbc news medical contributor and friend of the show dr. vin gupta. you and i have been talking about this triple threat. just how bad is it right now? >> well, ana, good morning. it is just on the uptick. so we do believe rsv, this virus that affects kids, might be peaking. and yet flu and covid-19 are just beginning to rear their heads and having significant impact on hospitals. we're seeing a four-time rise in

hospitalizations with covid. a thousand deaths a week. that might surprise some viewers here. flu is just beginning to really rear its head again. we had about 70,000 hospitalizations across the country. this is just about to be the beginning of what we think will be a moderately severe season, peaking in january. >> what are the protocols if we test positive for any of these? i think back to the times where we were really in the thick of it with covid. are people still supposed to isolate for covid? >> you know, ideally, yes. but we -- usually for five days is the recommendation. we know that practices have changed as life has really normalized here. here is my advice. if you're still symptomatic, if you tested positive, you're contagious to family members, especially those at higher risk. so wear a mask. basic common sense things. even if you can't isolate for whatever reason, but, yes, the protocol is isolate for five days. i say mask until you're no

longer contagious, testing negative. real quick here, test 2 treat.org for anybody, especially medically high risk, this is a free government service providing free telehealth and free treatment for covid and flu. we don't -- there is not enough awareness about this service, but this can help keep people out of the hospital. >> that is important because a lot of what was free related to covid no longer is. we're also learning that the fda is one step closer to approving a self-administered nasal flu vaccine. just how big of a deal is this? >> i think it is going to be a definite game changer come hopefully this time next year. people can self-administer that flu shot through their nose, just like if you're taking flonase. in this case, this is flu mist, a flu vaccine, very effective, reduces needle phobia, if you have it. you can do it in the comfort of your home. this is the future where we'll be able to administer respiratory vaccines in the

comfort of our own home. there is a covid flu test that was released by pfizer. here is the problem, it is $40. those are the types of tests that are near and dear to the heart of pulmonologists. i don't want my patients to pay $40. >> and you mentioned test 2 treat.org is a good place for people to find resources. dr. vin gupta, you're always such a dedicated servant to all of us and the work you do. you're wearing your scrubs, fitting us in between shifts. an early merry christmas. >> you as well. up next on "ana cabrera reports," we're moments away now from the funeral of sandra day o'connor. how history will remember her impact as the first female justice on the supreme court and how it is still being felt today. being felt today. (husband) they'd take this mess? (caroler) ♪ very much so. just trade in that old phone. ♪ ♪ for a free 5g phone, plus netflix and max ♪

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welcome back. in just a few minutes the funeral service for the late former supreme court justice sandra day o'connor will begin in washington, d.c. president biden is among the leaders set to arrive any moment now, and he will be among those offering tributes to the first female supreme court justice. we will also hear from chief justice john roberts at this ceremony. i want to bring in monica alba, and presidential historian, mark uptagrove. what should we expect from the service? >> we did just see the casket of sandra day o'connor, and we do expect to hear from president biden and chief justice roberts,

as well as her son. of course in addition to what a trailblazer sandra day o'connor was, in terms of the service that she provided, her years on the bench and the way she approached her work is something that then-senator joe biden spoke to when he was a top democrat on the judiciary committee overseeing her confirmation and those hearings in 1981. that's where he first met her. she was confirmed 99-0 at that time, and that's something president biden noted in his statement last week when she passed saying that that is something that is symbolic of the nation when it comes together when it wants to move forward. >> thank you. let's continue the conversation here, laura, and president obama

gave her the medal of honor, and while we note that she was the first female supreme court justice really made history that way, and made her mark in others way as well, and in a role of more of a center of the court. as we are looking at live pictures, i want to note some of the current justices are there, including justice clarence thomas there. what do you see as far as her legacy, and her role of compromise? >> she was the consensus builder. she was an arch conservative, no doubt. as the court moved further right, she became sort of the pull towards the center. if you think about abortion, she's one of the key votes

upholding roe v. wade in planned parenthood versus casey, and she's one of the key votes keeping affirmative action alive. in 2009 she talked about her legacy being dismantled and how it was difficult to watch, and while she was on the bench she was somebody that also tried to keep the justices together, and her sort of philosophy is if we have lunch together, have barbecues and go to movies together, it will make the tougher decisions easier to swallow. >> seems like a different dynamic on the supreme court during her day versus today? >> totally. i think people harken back to yesteryear, and some of the barbs the justices trade even in

written opinions, and there's a certain tenor that is less congenial certainly than she was on the court. >> thank you. since sandra day o'connor broke that barrier on the supreme court, five more women have followed. >> she had an enormous impact for a variety of reasons, and not just for being the first woman. we take it for granted now when she was appointed to the court in 1981 that a woman could be on the highest court in the land, and only eight women in history had served on the federal bench, served in a federal court. it was not a no-brainer we would not have a woman at all, and she

sat on the court for years before the appointment of ruth bader ginsburg in 1983. she was the most important member of the court because she sat in the middle, and she was a consensus builder and not an ideologue, and despite the fact that she was a conservative, she left herself open to other opinions. she was very influenced on the affirmative action ruling that she was -- that she made sure happened by ruling in favor of affirmative action, and not only was she the first woman, but for most of her tenure on the court, because she sat in the middle and was a consensus builder, she was the most important member of the court. >> we see the current supreme court justices all gathered right now, and it's not often we see a gathering of this size. can you describe the magnitude

of an event like this as we are watching, and as we will see a president speak. we have all these justices and dignitaries coming together. >> you are right. this is a look at the government in its highest respect, and ten years ago we had become so divided. she's one of the few members of the supreme court that was actually a lawmaker, she served for five years in arizona in the state senate. she would have republicans and democrats over alike to get to know them better, and she looked at washington today and lamented that people could not come together, and i think she would be very pleased that a

democratic president would be eulogizing her today and republicans and democrats alike are coming together to pay tribute to her legacy. >> mark, thank you so much for offering your wisdom and perspective on all this. that will do it for us today. josé diaz-balart picks up the special coverage of the funeral for the late justice, sandra day o'connor, right now. good morning. it's 11:00 a.m. eastern, and 8:00 a.m. pacific. welcome to the coverage of the funeral service for the late justice, sandra day o'connor. president biden and justice roberts will be leading the tributes. the funeral service comes one day after she lay in repose of the court building where