kermit roosevelt iii, we appreciate your analysis this morning.fessor of constitutional law at the university of pennsylvania law school and the author of the book, "the nation that never was, reconstructing america's story." >>> coming up, i will be joined by emily, president of the american library association ally from the group's annual conference right here in san diego, where i am. right-wing activists who brought their so-called culture wars to america's public libraries. we will talk about what librarians are doing to fight back for the freedom to read. this summer. snacking. just. got. serious. introducing new $3 footlong dippers. the world might not be ready for them... ...but at $3 a pop? your wallet definitely is. >>> this week, the united states supreme court sidestepped a ruling that declined to protect emergency abortion care for pregnant patients. the court opted against deciding whether idaho's strict abortion ban conflicts with the law that requires stabilizing care for emergency room patients, including pregnant women suffering

for more on this i'm joined by kermit roosevelt the iii member of the presidential commission on thef the nation that never was. a ground breaking reinterpretation of american of the american story. good to see you begin. thank you for being with us. first of all i want to clarify. we're going to talk about examples where state courts can step in, fill gaps and do things that federal institutions are not doing. there are also enough examples of state courts doing the opposite. so this is not a universal. the power they have is universal. the good that they do is not. >> oh absolutely. so the thing about states and state courts is, there's divergence. with the national government you have one supreme court at the top. you have one law making body and if something goes wrong there you can't fix it. the thing about the states is you have 50. so something can go wrong in some states. they can go down the wrong path but then there are other states that you can look to to try to set things right. >> let's talk about this current right way shift. it's already happened on the supreme court.