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May 12, 2024
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i'm elena kagan to stephen breyer in the majority and clarence thomas, although he apparently is is still a white christian national. so he's african-american and so the case submitted to the court says is not unconstitutional to a cross on public land. i go a list of cases, six or seven cases, where in all of them you have elena kagan, stephen bryan breyer, ruth bader ginsburg agreeing that a christian symbol, a christian program, is constitutional, that philadelphia can't discriminate against christian organizations. and he just simply ignores all counter evidence, as he does with the court cases. find in favor of muslim plaintiffs, for instance versus arabs and abercrombie and french decision for instance. so we need to understand he's coming from a particular perspective as is boston these believe in a wall of separation between and state a wall that would somehow require a 1925 cross now on public land memorializing dead from world were one to be torn down or moved or decapitated. andrew seidel's organization freedom from religion foundation objected when ohio wanted to include a sta
i'm elena kagan to stephen breyer in the majority and clarence thomas, although he apparently is is still a white christian national. so he's african-american and so the case submitted to the court says is not unconstitutional to a cross on public land. i go a list of cases, six or seven cases, where in all of them you have elena kagan, stephen bryan breyer, ruth bader ginsburg agreeing that a christian symbol, a christian program, is constitutional, that philadelphia can't discriminate against...
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May 19, 2024
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i'm elena kagan to stephen breyer in the majority and clarence thomas, although he apparently is is still a white christian national. so he's african-american and so the case submitted to the court says is not unconstitutional to a cross on public land. i go a list of cases, six or seven cases, where in all of them you have elena kagan, stephen bryan breyer, ruth bader ginsburg agreeing that a christian symbol, a christian program, is constitutional, that philadelphia can't discriminate against christian organizations. and he just simply ignores all counter evidence, as he does with the court cases. find in favor of muslim plaintiffs, for instance versus arabs and abercrombie and french decision for instance. so we need to understand he's coming from a particular perspective as is boston these believe in a wall of separation between and state a wall that would somehow require a 1925 cross now on public land memorializing dead from world were one to be torn down or moved or decapitated. andrew seidel's organization freedom from religion foundation objected when ohio wanted to include a sta
i'm elena kagan to stephen breyer in the majority and clarence thomas, although he apparently is is still a white christian national. so he's african-american and so the case submitted to the court says is not unconstitutional to a cross on public land. i go a list of cases, six or seven cases, where in all of them you have elena kagan, stephen bryan breyer, ruth bader ginsburg agreeing that a christian symbol, a christian program, is constitutional, that philadelphia can't discriminate against...
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May 24, 2024
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elena kagan, the second line of her dissent was -- and i will get it exactly right but the phrase was something like the majority's decision is upside down. >> using upside down methodology. >> that was not an accident. >> elie mystal, thank you. >>> as we wait the jury instructions for the ex- president criminal trial, how what the judge does a jury could impact the final decision. al decision. >>> we are awaiting a key really from the judge overseeing donald trump's new york criminal trial on the instructions members of the jury will receive. the judgment ski decision will be consequential because the instructions will form the basis for the jury decision whether to find trump guilty. on tuesday was the last day before the trial went on break for this very long holiday weekend. prosecutors and trump's defense lawyers argued over what should be included in the jury instructions. the defense asked to add several notes including ones about the election related charge and the purpose of the testimony about the access hollywood tape. next week on tuesday, court comes back and resumes. we
elena kagan, the second line of her dissent was -- and i will get it exactly right but the phrase was something like the majority's decision is upside down. >> using upside down methodology. >> that was not an accident. >> elie mystal, thank you. >>> as we wait the jury instructions for the ex- president criminal trial, how what the judge does a jury could impact the final decision. al decision. >>> we are awaiting a key really from the judge overseeing...
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May 13, 2024
05/24
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i'm elena kagan to stephen breyer in the majority and clarence thomas, although he apparently is is still a white christian national. so he's african-american and so the case submitted to the court says is not unconstitutional to a cross on public land. i go a list of cases, six or seven cases, where in all of them you have elena kagan, stephen bryan breyer, ruth bader ginsburg agreeing that a christian symbol, a christian program, is constitutional, that philadelphia can't discriminate against christian organizations. and he just simply ignores all counter evidence, as he does with the court cases. find in favor of muslim plaintiffs, for instance versus arabs and abercrombie and french decision for instance. so we need to understand he's coming from a particular perspective as is boston these believe in a wall of separation between and state a wall that would somehow require a 1925 cross now on public land memorializing dead from world were one to be torn down or moved or decapitated. andrew seidel's organization freedom from religion foundation objected when ohio wanted to include a sta
i'm elena kagan to stephen breyer in the majority and clarence thomas, although he apparently is is still a white christian national. so he's african-american and so the case submitted to the court says is not unconstitutional to a cross on public land. i go a list of cases, six or seven cases, where in all of them you have elena kagan, stephen bryan breyer, ruth bader ginsburg agreeing that a christian symbol, a christian program, is constitutional, that philadelphia can't discriminate against...
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May 24, 2024
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you know who else thought it was signaling, elena kagan, the second line was something like the majority's decision is upside down. >> using the upside down methodology. >> that was not an accident. >>> as we await the extremely consequential jury instructions, how what the judge tells the jury could impact their final decision, that's next. that's nex t. with low cost ground shipping from the united states postal service. ♪♪ if you spit blood when you brush, it could be the start of a domino effect. new parodontax active gum repair breath freshener. clinically proven to help reverse the four signs of early gum disease. a new toothpaste from parodontax, the gum experts. i don't know how long it's been there. long enough to produce eggs, it seems. a new toothpaste from it would appear that it has begun moving towards us! visionworks. see the difference. oh, why leaffilter? it's well designed, efficient, i appreciate that. leaffilter's technology keeps debris out of your gutters for good, guaranteed. what more could you ask for? call 833.leaf.filter today, or visit leaffilter.com. [crowd
you know who else thought it was signaling, elena kagan, the second line was something like the majority's decision is upside down. >> using the upside down methodology. >> that was not an accident. >>> as we await the extremely consequential jury instructions, how what the judge tells the jury could impact their final decision, that's next. that's nex t. with low cost ground shipping from the united states postal service. ♪♪ if you spit blood when you brush, it could...
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May 26, 2024
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in a scathing dissent, justice elena kagan wrote, what a message to send to legislators that mapmakers about racial gerrymandering the reasons i have address, those actors will often have an incentive to use race as a proxy to achieve partisan ends. and occasionally they may not -- might want to suppress electoral influence of minority voters. this court says to state today. joining me now is associate director counsel for the legal defense fund, which is one of the groups that tried the case. she's also a former federal prosecutor in the civil rights division of the department of justice. thank you for being here. can you just explain, for all of us, what does this mean, exactly, for the future of black voting power in america? >> first, thank you so much for having me charles. it is a pleasure to be with you this morning. listen, today and last week, the supreme court ruled against black voters and denied them the chance to have fair maps in the 2024 election. this is meaningful because they really turned on its head, as the dissent said, the standard applied for bringing racial disc
in a scathing dissent, justice elena kagan wrote, what a message to send to legislators that mapmakers about racial gerrymandering the reasons i have address, those actors will often have an incentive to use race as a proxy to achieve partisan ends. and occasionally they may not -- might want to suppress electoral influence of minority voters. this court says to state today. joining me now is associate director counsel for the legal defense fund, which is one of the groups that tried the case....
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May 18, 2024
05/24
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>> well, they do, we have seen, for instance, justice elena kagan did it with regularity after she went on the bench. she had been in the justice department as of the solicitor general. she had been dissipated in the preparation of some of the cases that were hurt her first and second term and she routinely recused from them. we saw, more recently, we saw the newest justice, justice ketanji brown jackson, i always invert her last name, you see me in fear of doing that and calling her jackson browne. that justice recused herself from a case which she was on the board at the university that was a party to a lawsuit just to avoid any appearance of impropriety. it is not unusual for justices to do that. here, because the application of some sort of partiality involves politics, one would think it would be even more important to recuse. justice samuel alito has shown no inclination to do that whatsoever. >> here is what he wrote on a sub stack. "will there be any consequences in samuel alito's case? doubtful. will samuel alito continue to sit on this case is alongside clarence thomas, who ha
>> well, they do, we have seen, for instance, justice elena kagan did it with regularity after she went on the bench. she had been in the justice department as of the solicitor general. she had been dissipated in the preparation of some of the cases that were hurt her first and second term and she routinely recused from them. we saw, more recently, we saw the newest justice, justice ketanji brown jackson, i always invert her last name, you see me in fear of doing that and calling her...
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May 3, 2024
05/24
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you have someone who is strategic in justice elena kagan, and our newest justice, ketanji brown jackson, the only appointee of president joe biden at this point, who is more independent and consistently liberal as opposed to justice kagan, who is a little bit more transactional. >> i want to talk more about justice barrett. as eager to go as a single alito -- as samuel alito is, she has said this term let's not move so fast. let's just decide what is in front of us. >> this term in particular. she did indicate in some earlier cases, for example, a case involving a catholic foster child agency, not willing to immediately overturn a religion precedent that some of the more conservative colleagues and the religious right would love to see, but she would not do that. she was cautious in the indian child welfare challenge not to go down the road of race. and then this term, as joan has pointed out, her questions, for example, in the trump immunity case, she was more focused on acts that could actually be tried and not a rule for the ages, as justice gorsuch wanted, and there have been other
you have someone who is strategic in justice elena kagan, and our newest justice, ketanji brown jackson, the only appointee of president joe biden at this point, who is more independent and consistently liberal as opposed to justice kagan, who is a little bit more transactional. >> i want to talk more about justice barrett. as eager to go as a single alito -- as samuel alito is, she has said this term let's not move so fast. let's just decide what is in front of us. >> this term in...
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May 23, 2024
05/24
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justice elena kagan on behalf of justices sotomayor and jackson, wrote this stinging rebuke in their dissent. quote, this court is not supposed to be so fearful of telling discriminators, including states, to stop discriminating. those actors will often have an incentive to use race as a proxy to achieve partisan ends. go right ahead, this court says, to states today. and so this odious practice of sorting citizens built on racial generalizations and exploiting racial divisions will continue. frankly, justices alito and thomas do not care. alito famously bemoaned the fact that you can't say that marriage is a union between one man and one woman, which is a lie. you can say that all you want. hashtag first amendment. and thomas once reportedly told clerks that he intended to remain on the court until the year 2034, because, quote, the liberals made my life miserable for 33 years and i'm going to make their lives miserable for 43 years. folks, this is why elections matter. because it does not stop here. they are coming for the right to contraception. they're coming for the right to gay
justice elena kagan on behalf of justices sotomayor and jackson, wrote this stinging rebuke in their dissent. quote, this court is not supposed to be so fearful of telling discriminators, including states, to stop discriminating. those actors will often have an incentive to use race as a proxy to achieve partisan ends. go right ahead, this court says, to states today. and so this odious practice of sorting citizens built on racial generalizations and exploiting racial divisions will continue....
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May 19, 2024
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kagan saying this is what recent history would the moment and we had a dissent by justices samuel alito and neil gorsuch. it depends on when you spin the history real we are to get back to and in addition to rejecting everything that has happened since the framing of the constitution, it also means you pick your own historical moment and that is the outcome that you get. that is not how we do constitutional law. it is deeply destabilizing. >> we are we took in more than two dozen decisions from the supreme court this term, including president trump's immunity case. how do you expect originalism to play into the outcome of that decision? >> it is a great question and it kind of connects up with what repetitive jamie raskin was just saying, which is this is not just a scandal for samuel alito, this is a federalist society scandal, this is a scandal about a conservative supermajority that is overturning things that are the will of the people. what i think we are going to see is a bunch of cases where originalism is used to set the clock back. we've got two major gun cases still to be decid
kagan saying this is what recent history would the moment and we had a dissent by justices samuel alito and neil gorsuch. it depends on when you spin the history real we are to get back to and in addition to rejecting everything that has happened since the framing of the constitution, it also means you pick your own historical moment and that is the outcome that you get. that is not how we do constitutional law. it is deeply destabilizing. >> we are we took in more than two dozen...
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May 24, 2024
05/24
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one quick footnote, and i don't know if this is fair or not, but it's certainly been talked about, elena kagan in her dissent against justice alito's majority opinion twice, twice used a phrase, no at commonly used phrase of this is an upside down way of thinking. upside down. could that be a reference to the flag? >> in dissent justice kagan used that phrase twice to describe justice alito's reasoning. again, it's an uncommon phrase. supreme court justices take months to draft an opinion could she have taken it out? she could have. she chose not to. >> i can't think of two better people to talk about this case, this decision. thank you. >> thank you. >> thank you. >>> and demanding action four years after george floyd's death, what actions have been taken to prevent similar abuses. that's next. you're watching "andrea mitchell reports" only on msnbc. g "andrel reports" only on msnbc (ella) we get more control of production, efficiencies, and greater agility. (jen) that's enterprise intelligence. (vo) it's your vision, it's your verizon. [♪♪] how you feel can be affected by the bacte
one quick footnote, and i don't know if this is fair or not, but it's certainly been talked about, elena kagan in her dissent against justice alito's majority opinion twice, twice used a phrase, no at commonly used phrase of this is an upside down way of thinking. upside down. could that be a reference to the flag? >> in dissent justice kagan used that phrase twice to describe justice alito's reasoning. again, it's an uncommon phrase. supreme court justices take months to draft an opinion...
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May 26, 2024
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justice elena kagan wrote the dissenting opinion and referred to quote, the upside down intent application of the law. which could have been, a subtle reference to her collie, justice alito. between the flags, that dispel support for the insurrection and to deny the results of the 2020 election and flaunt christian nationalism, it is becoming difficult to imagine that justice alito is working within the bounds of impartiality and nonpartisanship that governs the court. how can someone sworn to administer justice for all americans fly the flag of the far right movement that seeks to divide us? luke russert is standing by, for a conversation about his fantastic book that i read on the plane this week that details his grieving of his father and his trip after that. i have a lot to share and what i learned from it too. we will be back after this. thi '. (other money manager) how so? (fisher investments) we're a fiduciary, obligated to act in our client'' best interest. (fisher investments) so we don't sell any commission-based products. (other money manager) then how do you make money? (fisher
justice elena kagan wrote the dissenting opinion and referred to quote, the upside down intent application of the law. which could have been, a subtle reference to her collie, justice alito. between the flags, that dispel support for the insurrection and to deny the results of the 2020 election and flaunt christian nationalism, it is becoming difficult to imagine that justice alito is working within the bounds of impartiality and nonpartisanship that governs the court. how can someone sworn to...
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May 25, 2024
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. >> elena kagan, look pain clarence thomas rubbed his face in some cases, when could tangy brown jackson, the junior justice, was asking questions on the last round of a hearing. most of the others didn't look her way. the larger atmosphere suggested many were simply not listening to each other, are respecting different views that pattern is bound to make the final weeks of negotiations especially difficult. and it could make it harder for chief justice john roberts to win unanimity or something close to it in the controversy over trump's demand for immunity the past in the past challenges to presidential power, whether involving richard nixon or bill clinton, chief justices work toward unanimous rulings these personal differences can also stymie compromise for a single chord opinion concurring opinions with competing rationales. often confused lower court judges and other people trying to understand the legal precedent. so while this antagonism is difficult for the justices internal negotiations, it can have real consequences beyond their walls for the law in america, fred, alright, joa
. >> elena kagan, look pain clarence thomas rubbed his face in some cases, when could tangy brown jackson, the junior justice, was asking questions on the last round of a hearing. most of the others didn't look her way. the larger atmosphere suggested many were simply not listening to each other, are respecting different views that pattern is bound to make the final weeks of negotiations especially difficult. and it could make it harder for chief justice john roberts to win unanimity or...
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May 23, 2024
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this is a 6-3 decision on ideological lines, so you have the three liberal justices, elena kagan, ketanji brown jackson, what's interesting here also is that we've seen the supreme court in another case in alabama say that that state needed to actually redraw its district lines in order to give african americans more of a say when it came to the congressional delegation. here it's doing the opposite. they're saying south carolina can keep the way the lines were being drawn, even though some saw them as racially biased. >> this relates to one of the seven districts. does this change anything for november's election? >> it's a good question. from my understanding, it probably will not be changing anything. south carolina is a reliably red state, and for what i can tell right now, representative nancy mace who is a republican in south carolina, she is likely at least leaning to someone who would win her district. that being said, if this had been reversed, that could change things. alabama having been down there, there were a number of activists including aclu activists who said that alabama
this is a 6-3 decision on ideological lines, so you have the three liberal justices, elena kagan, ketanji brown jackson, what's interesting here also is that we've seen the supreme court in another case in alabama say that that state needed to actually redraw its district lines in order to give african americans more of a say when it came to the congressional delegation. here it's doing the opposite. they're saying south carolina can keep the way the lines were being drawn, even though some saw...
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May 23, 2024
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sure. 12 hours these another example for you imagine another one of the justices delicious, say elena kagan flies a flag right now in the midst of campus protests and all that's going in the middle east with a slice of watermelon on it right? >> now, you're looking puzzled because they were why does that matter? it's a delicious fruit, it's got like a and who cares? it's also a sign of the palestinian resistance. now we might think that sky, i think i actually think if alito wanted to be popular in the new york times, he would fly that he'd fly hezbollah flags this is crazy well? >> is, there anything in any of those instances if the if the court look at the rules, if the court has business involving national security or hezbollah or policy he should recuse from those cases too. so i think we're in agreement here that because the me corridor, you'd be call, i don't care about the land escaping choices of sam alito. i don't i don't and i think this is part of a years-long effort to delegitimize this branch of government. what we did that to themselves what to murray? the big story is o
sure. 12 hours these another example for you imagine another one of the justices delicious, say elena kagan flies a flag right now in the midst of campus protests and all that's going in the middle east with a slice of watermelon on it right? >> now, you're looking puzzled because they were why does that matter? it's a delicious fruit, it's got like a and who cares? it's also a sign of the palestinian resistance. now we might think that sky, i think i actually think if alito wanted to be...
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May 25, 2024
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alito rolled his eyes, elena kagan looked pain justice clarence time has rubbed his face in some cases, when catan brown jackson, the junior justice, was asking questions on the last round of a hearing. most of the others didn't even look her way. that larger atmosphere suggested many were simply not listening to each other, are respecting different views that pattern is bound to make the final weeks of negotiations, especially difficult. and it could be harder for chief justice john roberts to win unanimity or something close to it in the controversy over trump's demand for immunity the in past challenges to presidential power, whether involving richard nixon or bill clinton, chief justices work toward unanimous rulings. personal differences can also stymie compromise for a single court opinion, concurring opinions, and competing rationales often confused lower-court judges and other people trying to understand the legal precedent. so while this antagonism is difficult for the justices internal negotiations, it can have real consequences behind beyond their walls for the law in americ
alito rolled his eyes, elena kagan looked pain justice clarence time has rubbed his face in some cases, when catan brown jackson, the junior justice, was asking questions on the last round of a hearing. most of the others didn't even look her way. that larger atmosphere suggested many were simply not listening to each other, are respecting different views that pattern is bound to make the final weeks of negotiations, especially difficult. and it could be harder for chief justice john roberts to...
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May 23, 2024
05/24
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meanwhile in a blistering dissent, this one in the supreme court, justice elena kagan wrote if the majority had, quote, stacked the deck against the challengers, justice kagan saying the message for politicians who might want to suppress the opinion of minority voters is go right ahead. a supreme court impartiality in question now, while the court has many significant decisions including many that involve january 6, right before right now, we start the hour with some of our favorite experts. "the new york times" eric toaler who was byline on yesterday's stunning piece of reporting at heaven flag at justice alito's home. senior editor of slate. dahlia ludwick is here. "the boston globe" kim aboutenson is here. and msnbc columnist charlie sykes is here. your byline on this story is owe interesting, we live in this time, where i know your editor and publisher has spoken about his where truth is on the line. and telling the story with pictures is one of the, i would presume, the most effective ways to get the truth out to even those not inclined to believe it. tell me the power of these images
meanwhile in a blistering dissent, this one in the supreme court, justice elena kagan wrote if the majority had, quote, stacked the deck against the challengers, justice kagan saying the message for politicians who might want to suppress the opinion of minority voters is go right ahead. a supreme court impartiality in question now, while the court has many significant decisions including many that involve january 6, right before right now, we start the hour with some of our favorite experts....