cable or satellite provider. up next on american history tv, two teams of litigators space off in a trivia competition, answering questions on the history of the united states supreme court. the national constitution center and harry this -- heritage foundation cohosted the contest. it's about 45 minutes. >> good evening. i'm elizabeth slattery. welcome to the heritage foundation. thank you for coming to our supreme trivia event. we can hear one of our teams out there. they will be coming out in just a minute. we have two teams tonight of top supreme court litigators who are ready to go head-to-head in rounds of trivia about the supreme court's history, trivia, scandals, and much more. i would like to introduce my cohost, representing the national constitution center, children gilberts -- sheldon gilberts. thanks for being here.

>> welcome to the super bowl for law nerds. we will kick things off by introducing the teams. it is my privilege to introduce team jefferson. with team jefferson -- >> boo! >> the heckling has already started. come on out, team jefferson. we start with lisa blatt, who heads up -- [applause] up arnold &eads porter's supreme court practice. sometimes a superstar is just a superstar. lisa is a superstar among superstars. she has argued more cases at the supreme court than any other woman, and she has won 94% of her cases, which is a remarkable record. welcome, lisa. [applause] next up we have in gergen short -- ian gershengorn.

fantasticd such positions as acting solicitor general of the united states for the obama administration and with over 12 oral arguments under his belt is ready to compete today. welcome, ian. [applause] and last, but definitely not least, charles rothfeld. charles is special counsel at mayer brown. he has worked on over 200 supreme court cases in his career, and he is often hailed as someone who is 12 moves above everybody else. he literally wrote the book on federal appellate practice and i brought it for him to sign. welcome, charles. [applause] >> all right, and for team madison, come on out. team madison. [laughter] come on down. here they come. so, first up -- he's going to charge his phone. coming up we have john elwood, a

partner at vinson & elkins, author of the always enjoyable scotus blog. welcome, john. next up, we have paul larkin, resident supreme court expert. he cranks out law review things. on all kinds of he once served in the solicitor general's office and has argued dozens of cases at the supreme court. welcome. rounding out team madison is kevin marshall, a partner at jones day, one of the only ones left around after don raided the place for judges and a former bush administration lawyer. welcome. [applause] keeping score for us tonight is madison, no affiliation with team madison. we will check in with her throughout to see how the teams are doing. now for the ground rules. we will flip a special coin to determine which team starts.

then we will alternate reading questions by team. team members may confer with one another before answering. if the team answers incorrectly or doesn't know the answer, the opposing team may steal the question. regardless of whether the opponent gets it right or not, they get the next question, and so on. each question is worth one point -- each answer is worth one point, and there will be six rounds of questions. the final round will be a rapid response round with 10 questions per team. in the event of a tie, we will do another rapid response round until we have a winner. the team that lost the coin flip will go first at the very last question, so we have an even distribution of questions for both teams. at the end of an hour, one team will be named the victors and awarded the supreme trivia champion gavel you see here on stage. with that, let's toss the coin and get started. >> all right. so, this coin has chief justice john marshall on one side and

the supreme court on the other, so it seems, appropriate if it comes up marshall madison wins. we will toss the coin. and it does come up marshall, so madison goes first. all right. >> are you ready? question, and this is from the category supreme quotes. which justice wrote that three generations of imbeciles are enough? [inaudible] >> that is correct. that is one point for team madison. >> i don't want to show off. [laughter] >> team jefferson, in which case did justice antonin scalia tell the majority -- call the majority's reasoning "pure applesauce"?

thomas: overture felt -- overture felt -- question for team madison. which justice popularized the phrase, "i know it when i see it"? >> potter stewart. thomas: that is correct. do you know what the context was? >> it was of sanity -- obscen ity. janice yellow versus -- >> do you want the r or the x-rated answer? [laughter] thomas: that is a point for team madison. >> next question for team jefferson. >> which justice is credited with coining the phrase "the right to privacy" in an 1890 law review article? >> brandeis. >> that's correct.

very good. [applause] [laughter] >> we have to celebrate the victories when they come. >> which chief justice coined the phrase "evolving standards of decency," which has become a touchstone for the court's eighth amendment jurisprudence? >> we will go with our worn. -- with earl warren. >> that is correct. point for team madison. [applause] >> this is a particularly heavy question. which chief justice -- [laughter] the supreme court goes on forever? >> someone told me this was a rap trivia. [laughter] >> misleading questions. >> it's a hefty question.

>> come on. >> taft. who, ofis right, course was president and justice. >> next question. last term, chief justice john roberts wrote that the infamous cora martinez decision had been -- infamous korematsu decision had been overruled by history. dissent byhe 1965 which justice? they letter -- later left the court. >> goldberg. >> was the hint too much? [laughter] >> all right. team jefferson. which long serving justice just asn a dissent that a corporation is considered a person before the courts, quote, so it should be as respect to gross of trees, swampland, or even air? which justice says that air can

file a lawsuit? douglas.e >> correct. [applause] next question for team madison. which staunch defender of democracy declared, if the people want to go to hell, i will help them with it? >> oliver wendell holmes. >> that is correct. [applause] >> that concludes the first category. we will now move on to before they were justices. >> this category is before they were justices. the first question is about white, who took a leave of absence during law school to play professional basket -- football. what team did he play for? lions.oit >> correct.

very good. [applause] >> he earned $15,000 per season. pretty impressive. ok. next up, which future justice fought to have the first ritual that mitzvah in her synagogue -- batmitzvah in her synagogue? >> kagan. >> and at the ceremony, she read from the book of ruth. another point for team madison. >> you go. team jefferson. which future great chief justice married the daughter of thomas jefferson's lost love, much to the dismay of jefferson? again? versus burwell [laughter] >> who will go with marshall. >> that's correct. chief justice john marshall, very good.

when john marshall popped the question to polly, hi s love, se was so shocked that she ran off without answering him and finally sent back a lock of hair . it is still on display in richmond. >> team madison. which future justice work as a page in the california legislature and played alongside the children of then governor aern -- earl warren, who also went on to serve on the supreme court? >> my former employer, anthony kennedy. >> that is correct. >> all right. which future chief justice was responsible for adding "in god we trust" to u.s. currency? you need to be civil about this. i think there is something fishy about this question. >> come on. case.

>> very good. >> which future justice who has a reputation of being somewhat --ent-minded was in a bicep bicycle accident shortly before his interview with the president for a seat on the supreme court? >> stephen breyer. >> that's correct. unfortunately for justice breyer at that time, the seat went to ruth bader ginsburg. the following year, president clinton would tap him for another vacancy. >>, when he, was a child which future justice and lifelong chicago cubs fan attended the 1932 world series game where babe ruth hit the famed "called shot" home run? >> and he has the scorecard in his office still. it is stevens. >> that's correct. he attended the 2016 world

series and rooted for his beloved chicago cubs. >> presidents and justices. let's do a quick check of our score. [laughter] 8-7. it's a close game. all right. are you ready? in reference to chief justice earl warren and justice william brennan, which president said, "i made two mistakes as president, and both of them are sitting on the supreme court"? >> eisenhower. >> that is correct. point for team madison. >> ok. this one may or may not be apocryphal. which president said "john marshall has made his decision, now let him in force it" in -- him enforce it"? president jackson. >> that's right, very good.

the case was war chester versus georgia. >> which president in a weekly chat announced his plan to bring constant flow of new and younger blood into the judiciary? >> for lack of a better answer, we will go with fdr. >> that is correct. he said this in one of his fireside chats. >> ok. which president, known for his hardball tactics as a senator, manufactured a supreme court vacancy by nominating the son of one of the justices to be attorney general? >> johnson. >> that's right. lyndon johnson. he persuaded justice tom clark to retire after nominating his son to be the attorney general. >> next question. which president generally regarded as one of the least

effective presidents holds the record for the most failed supreme court nominations? >> fillmore. >> that is incorrect. team jefferson, would you like to steal the question? >> buchanan. >> that is incorrect. it is tyler with eight nominations that either were rejected by the senate or otherwise withdrawn in a year and a half. [laughter] >> next question. back to team jefferson. >> all right. which future justice asked his uncle, the president, for the coveted job of u.s. attorney for virginia only to have his uncle

turned him down because he was opposed to nepotism? he has quite a name. >> washington. >> bushrod washington. very good. e could notice -- h persuade his uncle, george washington, to name him u.s. attorney for virginia. bushrod turned out ok. president john adams nominated the 36-year-old, bushrod washington, to the supreme court. >> a new category, supreme scandals. let's first check in with madison. we have a tie. all right. team madison, are you ready? >> this is the best category. >> who is the only justice to resign under threat of impeachment?

>> [inaudible] light he hadame to accepted a bribe in exchange for seeking a presidential pardon for a former client who was faced with securities fraud charges. >> all right. killed a man in a duel? in fairness, there are two possible answers. >> surprising though it may be, there are two. >> [inaudible] [laughter] >> maybe we should go with that. >> go with your first instinct. >> marshall. i'm sorry, it's not marshall. there are two. >> let's see if team madison

wants to steal. team madison? >> our first answer is stephen field. >> no. >> can we give another one? [laughter] >> why not? >> livingston. >> that is correct. do we give them half a point? duel, iselds wasn't a that the idea? why don't you share what happened in the two duels? >> justice henry was punched in the nose by an angry federalist, so he killed a man in a dual in we hocking -- in a duel in new jersey. the other justice who killed a an in a duel killed businessman in a duel in 1803,

about 30 years before he joined the supreme court, and it didn't kill his nomination. [laughter] >> ok. so, who's question is this -- whose question is this? team madison. ok. which future justice tipped off the fbi about attempts by communists to infiltrate the civil rights organization he headed up? >> thurgood marshall. >> that is correct. he ran the naacp legal defense fund. >> which justice was a vocal anti-semite and would leave the room when his colleague and first jewish justice, louis brandeis, would speak? >> justice mcreynolds. >> that is right. not a nice guy. apparently, none of his supreme court colleagues attended his funeral. >> shocker. [laughter] >> good for them. >> next question for team

madison. which justice weathered four impeachment attempts and as many wives during his 36 years on the supreme court? williamne, the only o'douglass. >> we could have filled an entire category with his scandals. there are entire books written about him. >> this is another rather violent one. on the receiving end, not killing someone this time. which justice was attacked on the train by a california supreme court justice after suitg against his wife's for divorce from her first husband? this is the longest-serving justice, who was nominated by lincoln. [laughter]

>> the 12th. >> and paul was there. [laughter] we have to pass. >> team madison? >> fields. >> that is correct. >> [inaudible] >> i knew you were waiting for him to appear. ok. team madison, which infamous justice had an equally infamous father who drunkenly murdered a neighbor and fled from maryland to virginia to escape conviction?

we need an answer. >> filibuster. [laughter] >> go-ahead. >> a shot in the dark, james wilson. >> that is not correct. team jefferson? >> [inaudible] >> that is correct. >> you can't blame his dad for being the one to sully the family name. all right. this goes back to team jefferson. ok. which justice's nomination was marred by allegations of cronyism leading to the narrowest confirmation vote, 24-23, in supreme history so far, at least? closest vote. >> that's the only thing i know about this justice. this, too.

>> no other justice has been confirmed by just one vote. >> so far. guesses? ok. >> stephen matthews. >> hmm. i don't know if we can give that to them. >> that's pretty close. >> it is stanley matthews. ok, they get the point. >> no one should know his name. >> ok. team madison. which justice skipped oral arguments to deal with creditors and ended up in debtors prison twice while serving on the supreme court? hint, he was one of the original six justices. >> james wilson. >> that is correct. point for team madison.

ok. >> boy, you know the current people are boring compared to this. >> they really are. are baseballe tickets these days. >> which justice was nicknamed old bacon face, perhaps because his face would become so read when making fiery speeches against his political opponents during the contentious 1800 election? should we give them a hint? >> yes, you should. [laughter] >> [inaudible] >> rutledge. >> it was not rutledge, but that's always a good guess with

scandals. >> team madison would you like to steal,? >> samuel chase. >> that is correct. all right. and we areon, oh, moving to a new category. name that chief justice. let's check in with madison. >> madison is winning. >> it is 17-12. so, still a pretty close game. >> sandra day o'connor attended law school with this future supreme court colleague and they briefly dated. >> rehnquist. >> that is correct. they both attended stanford law school. >this was one of yours.

>> the really easy questions are from me. >> not true. >> which justice and future chief justice resigned in 1916 after he was nominated as the republican party's candidate for president in a surprising third ballot of the national convention? >> hughes? >> that is correct. he lost to woodrow wilson. he later returned as chief justice. next question for team madison. which early chief justice resigned and later turned down a second chance to be chief justice after the senate had already confirmed him?

>> this is intense. [laughter] >> we are going to need an answer. >> can we call a lifeline? >> i don't think so. >> jay. >> that is correct. it was john jay, our very first chief justice. he resigned when he was elected governor of new york. six years later, president adams nominated him a second time, but he declined the appointment, and adams went on to select john marshall to be the chief justice. >> team jefferson. a majority of attorney -- current justices are catholic, but in history there have only been 13 catholic justices. this infamous chief justice was the first. that's the second time infamous has been used. >> we will go with taney.

>> that's right. taney, best known for writing dred scott. >> next question. which chief justice appointed by nixon founded the supreme court 1974 andl society in served as the honorary chairman until his death? hmm,o quote homer simpson, burger. [laughter] >> that is correct. it was chief justice warren burger. >> no bonus points for quoting homer simpson, though. [laughter] >> after learning that the senate had rejected his nomination to chief justice, which sitting justice threw his ? -- into the charleston bay threw himself into the charleston bay? it was a bad week. i can give you a hint.

his nomination failed after he referred to the jay treaty as "prostitution." it didn't go over well with some people who were supporting the treaty. he's the first presidential nominee ever to be rejected by the senate in any capacity. >> i think lisa should answer this one. >> i knew the other question. [laughter] >> we will say rutledge. >> rutledge is correct. very good. excellent. [applause] >> team madison, next question. which chief justice granted the motion of the first african-american attorney to be admitted to the supreme court bar, the same day president lincoln signed the 13th amendment? morrison waite.

>> that is incorrect. team jefferson, would you like to steal? >> when he granted the motion, his private notes called [indiscernible] >> salmon chase. >> that is correct. well done. >> not taney. all right. so, now, it's back to team jefferson. >> ok. >> which chief justice, a wisconsin native, is credited with the supreme court's docket insistence to remain open -- dogged insistence to remain open for snow days, even when most other federal offices have shut down? >> [inaudible] >> that is correct.

another point for team jefferson. >> [indiscernible] >> jefferson has closed the gap. >> at this point we are going to enter the final round of scotus simple if i'd -- scotus simplified. let's check on the score. 20-17. ok, with this round, we ended with team jefferson, so we will go back to team madison. >> [inaudible] >> so, now we are going to give you simplified headlines for supreme court decisions and you will have a brief amount of time to tell us the name of that case. are you ready? each team gets 10 questions. team madison, are you ready? >> as ready as we will ever be. >> do we get to confer? >> you can confer briefly. >> tomatoes are vegetables.

if you want to pass, that's fine. >> or dissent. >> we will pass that one. cadets. women can be >> [indiscernible] >> correct. next question. us?son can you ding for next question, mr. rogers helped save the betamax. >> sony. croorp.nk that's -- sony versus universal studios. no unemployment benefits for peyote smokers. >> plymouth diversion -- plymout h division versus [inaudible]

>> that's correct. forced sterilization is ok. >> [indiscernible] >> that is correct. >man becomes president. >> [indiscernible] >> that is correct. burglar gets a lawyer. >> [indiscernible] >> that's correct. ding, ding. [laughter] >> no selling skim milk filled with coconut water. >> [indiscernible] >> that is correct. tot, it's ok for amish teens be truant. >> wisconsin vs. [indiscernible] >> that is correct. your final question, poisoning your husband's lover, not an international arms violation. do you want to circle back to tomatoes are vegetables?

are we still passing on that one? >> not a clue. >> ok. >> should we give that to them? >> great job, team madison. time for team jefferson's lightning round. the you know which case the court decided that tomatoes are vegetables. >> no. [laughter] >> it was [indiscernible] it was about customs regulations. >> from the 1890's. look it up. it's a good one. >> all right. ethnic french butchers lose their jobs. butchers unemployed. >> why were they ethnic? >> took a little flavor. >it has a generic name. >> it was an immigrant family. >> ok.

>> all right. steamboat and inventor loses inventor-- steamboat loses monopoly. i'm trying to think if there is a good hand for that one -- good hint for that one. [laughter] >> straight to the next one, which is totally different. preacher.ine can mock >> [indiscernible] >> that is correct. >> and we'll switch from porn magazines to religious groups. religious group can sacrifice chickens. >> florida. think that's close

enough. >> it is a church that rolls off the tongue. >> all right. forair force has to pay scaring chickens to death. >> it sounds like lisa should know the answer. [laughter] get credited with a point for the chicken slaughter? ok, good. >> you had other butchers. two butcher categories, now we have chickens again. all right. ok. rock band gets a trademark. >> [inaudible] right.'s >> we've done butchers, now we are at baker's.

-- bakers. bakers can work all day long. >> [indiscernible] >> very good. german saboteurs are dead. [laughter] >> [indiscernible] >> correct. i wasn't sure if anyone was going to get that one. schoolchildren don't have to salute the flag. >> the pair of sisters, if that helps at all. is, butl know what it we are universally blanking on the name of the case. >> it's two sisters. [laughter] name with ae a last

pretty well known law professor from around town. libertarian law professor. >> [inaudible] [laughter] >> we appreciate the hint. >> all right. president can't take over a steel mill. >> youngstown. >> that's right. >> correct. all right. let's check in with the scorekeeper. not too shabby. well, we have enough time for one final round of scotus simplified. we will go back to team madison with just four questions. then you get your drink. [laughter] >> they asked if they could have beer onstage. i said no. team madison, are you ready?

>> what's our category? >> this is scotus simplified. more of the same. i think sheldon wrote these, because they look hard. bill of rights don't apply to the territory of hawaii. that's a hint for one side of the caption. cases?insular >> are they referred to as such? no? ok. sorry. next question. religious group can't pamphleteer in the airport. >> [indiscernible] >> yes. >> [indiscernible] >> that's correct. sorry. ok. no prayer at high school

graduation. >> [indiscernible] >> he should be the one to answer. >> lee versus weissman. >> that's correct. --re, induration intergenerational marriage is not a crime. virginia.vs. >> team jefferson. >> states can ban women from practicing law. [indiscernible] [indiscernible] >> ding, ding, ding, ding, ding. >> all right. take backustees

control of their school. >> [indiscernible] >> that's right. dartmouth college versus woodward. minnesota can't shut down a scandalous newspaper. >> i believe this was the case where the court incorporated the first amendment. lause, iss calls -- c believe. we will have to fact check that. >> just give us a little bit. >> state of minnesota. [laughter] or is it -- away >> near. >> there you go. >> ok. no school prayers.

>> a hint? >> [indiscernible] >> it's not working. i don't have a hint for this one. >> [indiscernible] >> with that, we have come to the end of our second round of scotus simplified. let's check in with madison to see which team -- >> team madison. >> i'd say that's a pretty respectable score for both teams, and that concludes our first ever and possibly last ever -- [laughter] >> supreme trivia here at the

heritage foundation. [applause] >> now, our victors will each get their very own gavel that says "2018 supreme trivia champion, the heritage foundation and national constitution center," and they will have personalized sounding blocks. that's the thing you bang the gavel on. we will send them to you because we didn't order them in advance. please join me in congratulating team madison and thanking team jefferson. team jefferson gets to be first in line at the bar. [laughter] [applause] >> great job, guys. >> thank you very much.

>> every weekend american history tv brings you 48 hours of unique programming exploring our nations past. to view our schedule and archives, visits be span.org/history. join us this weekend for live coverage of the miami book fair. on sunday, at 11:15 a.m., columnist on the middle class with her book "squeeze." at 2:55 a fox news representative discusses his book. at 6:00 p.m., former secretary of state john kerry with his memoir, "every day is extra." watch the miami book fair on c-span twos book tv. according to cbs news, i 1967

gallup poll found that more than six in 10 americans believe there was more than one gunman involved in president kennedy on november 22, 1963. in an effort to document lingering controversies and investigate unanswered questions, cbs news broadcast fourur broadcasts -- one-hour broadcast, next up a cbs inquiry, the warren report anchored by walter cronkite. the first program sets out to answer the question, did lee harvey dolls walled -- lee harvey oswald hsu president kennedy ech? president trump: this is what i rifleman would see if you track an automobile down elm street in dallas, texas.