misconduct, for weeks and i give it to senator durbin just before this hearing is over and not allow you to comment on the accusations, how would you feel about that? >> senator, i'm not sure. i don't understand the context of the question. >> did you watch the kavanaugh hearings? >> no, sir. >> are you familiar with what happened there? >> generally. >> your time is up. >> please, mr. chairman. so to be honest submitted in 47 -- she filibustered every question i have and she has a right to give an answer. you were here here for brett kavanaugh, she's confused about what happened, some people in the other side had an accusation against judge kavanaugh that during high school he sexually assaulted somebody. the rest is history. that was known to the people on

the other side and never revealed during the meetings they had with judge kavanaugh. it was ambushed, he was ambushed. how would you feel if we did that to you? >> senator i have appreciated the kindness to each of you has shown me to see me in your offices to talk with me about my approach. >> my question is what -- you're very nice person and you have a lot to be proud of. i would never do that to you. if i had some information that is sketchy at best that somehow you had done something wrong i promise you just from human decency i would share it with you. i would not disclose it at the last minute of the last day of the hearing and i've already given it to the newspapers of the whole country can read about it before you haven't said a word. >> senators she had nothing to do with -- >> i am asking her about how she may feel about what you all dead. >> senator your time is expired

and i'm going to give her an opportunity to finally complete an answer. >> senator, i don't have any comment on what procedures took place in this body regarding the cavanaugh hearing. what i would like to answer is your point about my sentencing in child's pornography cases. the point of the guideline is to assist judges in determining what punishment to provide in cases. there are horrible cases, but the idea is that between -- supposed to be providing proportional punishment based on what a person has done. the sentencing scheme doesn't

place everybody at the same level. the point of judging and the guidelines is to look at what has happened in a case, compared defendants to each other in terms of what they have done, and give proportional penalties -- >> mr. chairman, she has said, mr. chairman, she does not use sentencing enhancement in the area of someone using a computer -- >> can i explain why, sir? >> i'm going to give the witness is an opportunity to respond to you, senator. >> finally. >> the guidelines true created for child pornography, this crime was primarily being committed by people who were literally mailing one, two, five, ten, 100 photos at a time. >> please, senator, let her

complete her answer. speak out as a result the commission determined in the guidelines that it was a substantial aggravating factor if the facts of the case demonstrated that somebody had been distributing hundreds of images. what that meant was over the long -- maybe it was a long period of time, they had collected one photo at a time. they had potentially mailed one at a time and that showed terrible conduct. i'm not saying as a baseline it's terrible but what we are doing is different dumb like differentiating among defendants. it really matters. whether a person distributed one, five, or a thousand. the guidelines i you know what?

we are going to treat a person who has distributed a thousand allowed oars, because that shows that this person is really engaged and is really horrible behavior. incomes the internet. on the internet with one click you can receive, you can distribute tens of thousands. you can be doing this for 15 minutes. all of a sudden you are looking at 30, 40, 50 years in prison -- >> good, absolutely good. >> allow her to finish, please. >> i hope you go out to jail for 50 years if you're on the internet trolling for images of children and sexual exploitation. you don't think it's a bad thing? i think that's a horrible thing. >> she should be allowed to answer this question once and for all. >> senator all i'm trying to explain is that our sentencing

system, the system that congress has created, the system that the sentencing commission is the steward of it is irrational one. it's a system that is designed to do justice in these terrible circumstances by eliminating unwarranted despair in cities, by ensuring the most serious defendants get the longest periods of time. when modes of commission of the crime change such that in two seconds someone can receive or distribute thousands of images, that's no longer -- and this is what the commission found in their studies, an indicator of a person who, relative to other people, has committed this crime in a more aggravated way. what we are trying to do is be irrational in our dealings with some of the most horrible kinds

of behavior. this is what our justice system is about. it's about judges making determinations and beating out penalties to people who have done terrible things. >> it is not a rational to take the venue of choice of child that have 85 million images on it and not consider that feeding the beast. were trying to get people to stop this crap so when you pull out thousands of images of children from the internet i want do to stop that bet i won't be able to go jail who do that. you are feeding the beast. we have a bill here, the net act, who would allow the victims on the internet over and over again to sue the media to provide these images. we have a fundamental difference of how you deter crime.

i think the best way to deter crime when it comes to child as you lower the boom on anybody who goes on the internet and pulls out these images for their pleasure. >> senator come every person and all of these charts and documents i sent to jail because i know how serious this crime is. every person i discussed the harm of these terrible, terrible images. i talk about what these crimes due to the people who are being abused in these photos and on the other side. i ensure that they are facing lengthy periods of supervision and restriction on their computer use so they could not

do this sort of thing again. that is what congress has required of judges and that's what i did in every case. >> how you always under the recommendation of a prosecutor -- to be honest with you, judge, 32-year-old man sending an image of his own 10-year-old daughter, you substantially reduced below not only the guidelines but the recommendation. all i can say is that your view of how to deter child pornography is not my view. i think you're doing it wrong and every judge that does what you are doing is making it easy for these people to be exploited. right now looking at a kid in the compromising situation and to get i hope nobody gives you a break because you used a computer. >> the conduct has been described as reprehensible and i think everyone in this room agrees to the fact of the matter is i am cosponsor of your bill

and i believe we should be doing our job here. part of our job we have failed in responding to the changing circumstances that face this crime. what is been? 15 or 16 years? she is currently not an outlier in sentencing. 70% of federal judges face the same dilemma. >> this is our fault? >> partially it is, senator. to be honest it is. we have to upgrade these guidelines and decide if are going to stick with the supreme court decision and they are not manager. senator feinstein. >> thank you very much, mr. chapman. i would like to complement the witness. >> what a powerful exchange. you were just listening to senator lindsey graham questioning judge jackson. it was day three of her confirmation hearing at judge ketanji brown jackson, soon to become justice ketanji brown jackson. this is "outnumbered" baird hello come everyone come i'm kayleigh mcenany here with my cohost, emily compagno and

harris faulkner. also joining us cheryl stone and will cain. you know, emily, that was quite an exchange we just heard. matt whitlock at this observation based on some of the media coverage we've seen come even bring up lights and the thing of sexual predators come you have republican senators called supporters and sympathizers with qanon leading matt whitlock -- very legitimate questioning of judge jackson's sentencing history. this is outrageous. but wait, emily commit is coming from the white house comms team. this always "the new york times" is in sync with the white house comms team. bring in andrew bates, white house press secretary, listen to what he had to say. all of these embarrassing qanon signaling has been fact-checked. as the white house taking orders from the press? the press taking orders from the white house? it seems like a big cabal. >> it's the same choreography we

seen every single time cared here's what happens after the deputy press secretary tweeted added. jeffrey toobin, who himself would've been registered as a sex offender in certain jurisdictions for the stunts he pulled, said three times on air on cnn that it is about appealing to the queue and on audience. he said it has nothing to do with the start. he claims that was called with a big presence in the republican party. and then correspondent abby phillips said you are absolutely right. then he said yes, this is definitely a dog whistle to the kind of qanon grade. washington -- waldman picked it up too in an apparent attempt to secure the qanon filed by senator josh ali. "the new york times" which claimed it was in addition to appealing to the qanon called, that it had some time so my racial overtones it bit is a child sex abuse imagery is a claim that spoke to a fixation of those in the republican party wedded to this conspiracy. of course msnbc host joy reid piling on as always and stuck it a step further inside it appeals

as well to the fanatics that are anti-lgbtq and want to ban toni morrison. here's the thing, josh ali was not wrong when he brought up legitimate questions about the judicial jurisprudence of this judge, probably soon to be justice, when he pointed out that it wasn't about the range of sentencing guidelines, which we saw play out in front of senator graham too. she tries to make it sound like there were variable she took into account come about as senator graham pointed out she went below it. so as you talk about what congress prescribed for certain infractions or felonies, why is it then that she would impose a sentence over two years less than the minimum guidelines that congress had for someone who disseminated child pornography images of his own 10-year-old daughter? why would she prescribe the very minimum for someone who disseminated images -- images of a child that was less than five years old. the list goes on. these are valid questions and

they are valid cases get the mouse not on the racial come but qanon. it's the choreography between the white house and the mainstream media that parrots the same talking points every day all day. >> the problem for that characterization is -- senator ted cruz had one how 2% of the time she issued a sentence below what the prosecutor sought, reaching from 14-6 to 4% of what the prosecutor sought a pair of the facts. other thoughts -- republican senators are bringing it up as much but they shut are on the deportation case. she was rebuked by an obama era judge on the moratorium. even after he admitted that, she sided with president biden cbc. maybe it was an audition, i don't know. these are valid questions. >> there is something that i have not been covered in that i think i have some interest in and some of the wall street business community arrow waiting to hear from, that is her ruling on federal employee unions bear cheese had several cases before

her where every single time she has sided with the employee union. in fact she was overturned in one of those cases by the d.c. circuit court. the journal wrote about the essence said look, she's going after that she is supporting collective bargaining and employee dispute settlement she sided with the employees. performance review and arbitrations she sided with the unions and all of these cases, one of them was under your former boss, president trump, where they wanted to tighten regulations when it came to help federal employees contract disputes to give it basically more power not to not just companies but also the federal government. she went against the federal government and a d.c. circuit court overturned her. there's that and also has brought this up in the last hour on her show about the sports can with elliott thomas issue. we need to talk about that. i like these senators to use their time hopefully this afternoon to bring up some of

these issues. >> it was an obama issue that rebuked her on that case. it's an interesting trend there. i wanted to go walk down memory lane with you, harris, we talked a lot about is to hearing. i want to go back to this, the media research center put together a way that clarence thomas and his nomination, what was discussed by the press of the time. abc world news tonight set a prominent black legal scholar called thomases nomination to the supreme court insulting. nbc reporter bob herbert according to what marcie says who is this guy, clarence thomas, and why should we want them on the court? the man is not distinguished, he doesn't even seem to have a hard bear they call them and to of the rich and powerful. it is an architect of crt come up pollock justice thomas to play the person that looks black and his conservative and thinks -- very different, harris. >> a person who looks black but doesn't act consistently the way that somebody who is not black

would hope that they would act. that doesn't sound racist to anybody? wow. i don't know, i don't know who holds the view that you have to be a certain way based on the way that you look. thank god somebody pointed out out. look, first of all with justice thomas i want to start here. he's still hospitalized. as far as we know he's going to be released to go home this week hopefully in much better health than what landed him in the hospital last friday. the conversation looking back both thought brett kavanaugh, thomas, and amy coney barrett are worth having right now. because the promise before the senate judiciary committee as they are going to do it differently and better this time. i thought that senator graham and his words was quite proof of that. the outcome of these are tough issues, pornography. she said you are a mother come you seem to be a nice person,

here are the numbers. 202,129.3 million reports of child pornography containing 85 million images. he was trying to get her to move forward in the age that we are in right now. a completely different conversation than what democrats were having with amy coney barrett, conservative, but who had said the same thing that ketanji brown jackson is singing now, they can keep all of that out of how they do their job. decidedly very different than what we saw with cavanagh coming out justice kavanaugh and justice thomas. it's worth taking a look at how these things progress. nobody's going to fight the nomination for the genoa democrat so she gets there come a conclusion is already made. but if you look at the process that puts the bar appear. the next time, when the shoe is on the other foot and it is a conservative who was up again as a nominee, let's see if

democrats can hold that. we know politics are the swamp. we understand that. but what lindsey graham was laying out was not about politics, he will he wanted to get to the core of why are you always below the sentencing on some of the most important cases that affect children in america? the comparison in in the back and really fascinating. it is worth noting that they sort of went out ad ad. you heard the interruption letter finished the section, but are finished the section. she was holding her own. but let that play out, but in my estimation how you deal with something doesn't mean you don't deal with it because you think it might hurt the other person's feelings. >> outside pretty much in the process, harris, let's again walk back to the fall of 2020 and fox news digital took a look at the way that the media treated then amy coney barrett. take a listen. >> such a great day for history to be made, especially with the

credentials of judge ketanji brown jackson. >> the nomination of amy coney barrett to the supreme court, which could bring potential setbacks on women's rights. >> she has the candidate of the base. she has the full trump program. >> that was judge ketanji brown jackson, president biden's overwhelmingly qualified pick. >> let's do a hail mary with the real work right wing lunatic. >> quite a difference there. >> it is different, but it is also just partisan hackery. what i'm more interested in is what emily brought up, think at the death rattle of name-calling. this equating legitimate line of questioning to qanon. it's calling anyone who would dare question her decision-making process racist. i think that we probably have left over the past five years, at least in my lifetime come over the past most powerful moments in name-calling. all manner of sin have been allowed under the protection of

calling any criticism of it racist or transphobic, or homophobic. it's getting to a level of absurdity that i think us out far divorced from what the american people think or feel, but also divorced from their fear. when lindsey graham is asking about that discretion in the sentencing guidelines of child pornography, or when it comes to deportation we are talking about discretion. what does ketanji brown jackson do when given a choice? along the attempt to get her to define her traditional policy. the dude the policy for those in the left is whatever is right in the moment. right defined by my internal compass, my base come or what's trending out they are in left zeitgeist. what is trending in the left zeitgeist is so far removed from what americans understand is right and wrong that you will not be protected by calling somebody q anon. here's the best example. when she has asked to define a

woman that is a stark moment if she cannot or will not answer what a woman is. do you think a person listening at home listening in nevada or upstate new york and say that someone whose discretion i trust to find what is right? instead we need that justice to adhere to the constitution and the statutory law and the president handed down to them before we cannot trust somebody somebody whose sole philosophy is discretion. discretion guided by the inability to define what is woman in the moment. >> well said, well. over deal, emily. >> president biden is heading to brussels worries planning new sanctions to punish russia as vladimir putin's brutal assault on the sovereign nation enters day 28. they've struck an airport in eastern ukraine will firefighters in the eastern city of kyiv are struggling to keep

up with the widespread devastation. russia bombarding the ukrainian capital overnight. firefighters and rescue crew wading through mountains of charred debris where homes and businesses once stood. that's go to jeff paul reporting live from western ukraine. what can you tell us? >> yeah, emily, as the russian invasion but continues millions and millions of ukrainians are now heading west of the western part of the country where we are out here in lviv to find some safety. when they arrive so do their stories of carnage, of the brutal attacks by the russian forces there right now simply do not have an end. >> there was nothing. there was not even bread. a bride was brought in every three days. one day i was standing in line for brad but then decided to go get some tea. i just walked away when they dropped the bomb. >> in the coastal city of mariupol officials estimate as many as a hundred and

35-millimeter ball or trap and cut off from the world. they have limited food or other essential resources. humanitarian aid is not been turned away as ukrainian leaders say 15 aid workers and drivers from a humanitarian convoy have been seized for their help. around seven ships are in the sea adding to the shelling of mariupol. in the city of kyiv intense fighting continues as russian forces attempted take the capital city. ukraine forces are on the offense where the defense ministry says its forces have taken back. while the mayor of kyiv is relieved that ukrainian soldiers are still defending key areas of the country he doesn't believe the fighting will end soon. >> i must find a diplomatic way to stop the war. but i don't know which compromise we can find.

to give part of our territory? to give our city up? it's not. >> with russian forces essentially stalled, many are now looking to see whether or not putin will bring in outside forces do come in and join the invasion of ukraine. for people who are in the western part a of the country, like, like lviv, they will look to the north and see if belarus will soon join the war. >> jeff paul thank you so much for your reporting. stay safe and will talk to you soon. president biden heading to brussels for that emergency nato summit on the war in ukraine. he's currently expected to sanction hundreds of russian lawmakers. this as a spokesperson for the kremlin is refusing to rule out the use of nuclear weapons. president biden is speaking in dramatic terms and saying that america needs to lead. >> we are at an inflection point i believe in the world economy. not just the world economy, but

the world. something that occurs every three or four generations. now's a time when things are shifting. there's going to be a new world order out there. we have to lead at and we have to unite the rest of the free world to do it. >> meanwhile what else is shifting is a consistent downward trajectory is the approval of pros and disapproval poles for president biden. just the latest gallup poll we have 56% disapprove of his handling of foreign affairs and the situation in russia. in addition to 58% disapproving of its energy policy that continues exacerbating the negative effects. and 53% disapprove of his handling of the economy all intertwined. your thoughts, well? >> yeah, those numbers, emily, are buoyed by the fact that i think democrats still have a 70% approval rating for joe biden but obviously republicans are much lower bid the most eye-opening would be in 27-30% of approval rating for independence. it's because of the vacuum of

leadership. the weak leadership they do see from the united states of america. let me say something, emily, when we heard those clips i will tell you that when i hear from joe biden is preparing for a new world order i am concerned. i don't know what that means. we are in a very tenuous moment in american history. we are in a moment in history where at least on the table is the potential for nuclear war. i personally want definitions. i want to rational argument. i want to be trusted with information. i don't want to be emotionally played. i want to know as he goes to europe didn't speak to our nato allies what are our bread died. we know in article five data violation would be a redline paired what about the use of chemical or biological weapon? nuclear, tactical nuclear weapon, with that provoke nato therefore a united states response? if you're the american people once you are trusted with this information what would you like the leader of the free world to make? would you like us to sacrifice american lives in time? i just want to be trusted right

now, emily, i feel like when we hear things like it's time for a new world order i want to know what that means. i want to know where we are leading towards. i want to know what the cost may be in the interest is for the united states of america. >> that's right. barely our commander-in-chief seems to have an interesting approach to what he claims essentially is the inevitability of an attack. >> my formal tubal deputy press secretaries say is what do we have to deter these russian cyberattacks? it sounds like biden's sing brace for impact. we always characterized a president's foreign policy it's brace for impact. i mean i'm tired of giving a list and fixing critical infrastructure. done to take these, but i'll happily green light anything else. i'm tired of it's one thing or a minor incursion. did you watch him get that

milquetoast speech about cyberattacks worries reading from a script? this man, president biden, has more passion for attacking the unvaccinated and i watched him look into what camera i watched him say if you break the rules be prepared to pay. our patience is wearing thin bid that's what it said to unvaccinated americans. when are we going to have that putin moment? you will pay, putin. >> he put the onus of cyberattacks on u.s. companies. they are the ones that have to figure out how to defend themselves against cyberattacks. i found that offensive actually. >> that's right, harris, on that on michael goodwin rights biden is obviously right that i global shake-up is happening. but what he has demonstrated is that he is most comfortable leading from behind, which means not leading at all. >> i think we will ask a really important question of former u.n. ambassador, nikki haley, had something to say about it.

she says we need to know what the new world order will look like pete he didn't lead us out of afghanistan. that's watch ambassador haley. >> this shouldn't be that hard. waiting is hugely important at this point because you're not just winning for ukraine, you're winning for freedom. the biden administration has been slow to react, slow to speak, slow to act. all of those things. we should be in front of this. we should be stopping things before they happen. we should be preventing more. we should be providing invasions. we should be making sure the world knows we will stand for freedom every time it is threatened. >> yeah, the question is -- ambassador but the beautifully -- the question is why would anybody follow if you haven't been leaving on this particular issue up until now? is there going to be an unknown, unforeseeable surprise game change when he gets to europe? most leaders have something in their pocket when they go to a big situation like this.

does he have anything? or will be continue to just kind of be reactive? >> that's right, we talked about sanctions. to harris' point, up until now although the white house maintains he's had that threefold approach, nothing seems to be working. he mentioned tomorrow will be another announcement. >> we are expecting more sanctions to be announced tomorrow after he meets with nato leaders. it's not president biden leaving comets and being with this group of world leaders. some of them are resistant to the sanctions that biden wants to put into place, in particular when it comes to energy. >> beyond their united public front there is friction and frustration between president biden and vice president harris on their team. according to a new book by "new york times" reporters, two of them, exciting stuff. stay with us. life... doesn't stop for diabetes. be ready for every moment, with glucerna. it's the number one doctor recommended brand that is scientifically designed to help manage your blood sugar.

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vice president, kamala harris. just as the white house is trying to project a united front. the book, written by two "new york times" reporters, cites complaints on harris' team from everything on the policy portfolio she was given to that cover that pictures kamala harris wearing sneakers. her allies saying she was wounded and felt belittled. did she put them on her feet? anyway. biden's people told us to back down because it was "a first world problem." cheryl, when you wear your sneakers and they capture them, maybe you just wear heels and they don't care how much they should have you. >> harris, if i'm ever on the cover of "vogue" i will be wearing heels. if you're going to be photographed in sneakers than it's going to be on the cover. the other thing that came from joe concha's this morning with the reporting on the fact that there has been so much disarray in her office and it has been so

much friction between the biden administration with his staff and her staff. that is one issue. but going back to this public image, she's her own worst enemy. we've talked about this before. she's been a disaster on the south american trip. it's her own problems that are sinking her. but to call it -- to have her stuff call and i would turn say were unhappy -- thank god, frankly, that staff and to the said bite down. >> not to mention the fact that that's how she wills wording. she was wording don't make boarding planes like that with her high tops on, looking really cute with her converse. maybe they got some feedback on the fact that perhaps the new vice president just doesn't wear that on the future a la bowed her in a major magazine where they had to know she was wearing them when she got there. although, will get off her shoes for now. i want to get to the actual function of her job.

and you just get back from poland, vice president kamala harris, and your national security advisor leaves your team? >> it means that there is dysfunction in your office and has been dysfunction surrounding you. not just as vice president of the united states, but as candidate for the president of the united states and that's a senator from the state of california. however, harris, i think in california that there is something called no-fault divorce. we can speak to that more specifically, but i think these two are headed -- i think joe biden and kamala harris are headed for just a mutual separation. it doesn't work. >> how does that work? no-fault divorce for the president and vice president? she's elected. >> she was chosen by joe biden and he was elected. another run at the ticket but here's the thing, she's not

wrong. she's not around. joe biden has given her a list of things to work on and she knows their political losers. he knows that bear to send her to fix that border problem, that's his border problem. then to send her down there to take the bullet for those failed policies is on him. then he sends her to europe when he knows she's highly unqualified to negotiate a peace agreement or compromise of any sort between russia. she is wholly incompetent. that is her fault, that she is not capable of executing the duties of her office. because of this, because they are both at fault and set of no fault come i don't think this ends in any way but an ugly, messy divorce at some point. >> you know, kayleigh, i'm thinking of have the biden name on them, all of the crisis that a been under this president and will cain has a very good point, you give it to the person to kind of hold the hot steaming vat of poo while you walk away

from it. it's not working. how can she do a peace deal in poland or anywhere else in the world when she cannot do a peace deal of among her own staff? >> exactly. kate bedingfield, the communications director has reportedly been going around the white house saying that there were sky high expectations for kamala harris in previous roles that she failed out. to quote exactly from the book, the senate office have been messy come of the presidential campaign has been a fiasco. perhaps the problem is not the vice president's staff. in other words, the problem was the fee. they said you guys didn't come to me -- i would have denied that scum et cetera. but we all know the risk and kamala harris' office. we've all seen the quiet whisper campaign from combo's office to the hill, to a cnn with three dozen other sources. the biden administration did not well positioned her -- that with the phrase, she wasn't

well-positioned. what is an ambitious policy portfolio? and for her for wanting it, she just hasn't succeeded added. >> sometimes, emily, sometimes you get something in your hands and you get to shea pitts. it's an opportunity. what do you do? you prepare, you prepare, you prepare. you show up. you don't giggle. he leaned in with seriousness. there are some basic things. try and be on time and those kinds of things. there are some things you can shape about that opportunity until you can own it. >> that's absolutely right. without there is a semblance of humility. of rolling up your sleeves and accepting the challenge that is an opportunity to shine for buck, we all have that american spirit. we would applaud the vice president digging in and doing all she can to succeed at one of her many -- but from the beginning she bristled for example at them borders. apparently she mom admonished -- in one meeting with the black caucus she said she's going to

do a hell of a job handling immigration. she corrected a metal and sing my assignment as the northern cut triangle, not immigration be the reason she was photographed and the speaker because and i went to work and took the photo said it makes her more relatable. i would wear a garbage bag on the cover of "vogue" if they told me to. >> we know how much i love her, i mean look at my hair. anyway, let's move on. were going to head back to this hearing, because right now senator john corn of the great state of texas is questioning the judge, ketanji brown jackson. they are talking row pieces weighed. that's tune in. >> can extend all the way up until birth. i'm just not aware of that. >> it's because the court is looking at individual cases.

and making its ruling on context of the individual cases and not making pronouncements in general. >> so you are suggesting that in some individual case the right to abortion could extend through the entire pregnancy up until the time the child is delivered? >> no, senator, i'm suggesting that i'm not aware of any case that's handled the issue. you told us that you believe roe versus wade and casey are presidents. we talked about the questions on whether it's a super president and the like. are you familiar with the supreme court's decision in the heller case? >> i am. >> that was a decision by the united states supreme court that recognize the individual the right to keep and bear arms

under the second amendment, correct? >> yes. >> is that a president of the court? >> it is. >> and you would respect that precedent? >> yes. all president of the supreme court have to be respected. >> is it equivalent in terms of its precedents to roe v. wade, or would you evaluate it differently? >> i'm not aware of any ranking of precedents. all precedents of the supreme court are required to be respected on equal basis. >> i agree with you. that's why it blows my mind when people talk about super precedents as well, as this one precedence was different in terms of its position in the constitution versus others. in the short period of time i have remaining let's just read

revisit some of the questions we talked about yesterday with regard to free exercise of religion. of course that is recognized explicitly under the united states constitution and the first amendment, right? >> yes. >> are you familiar with the cases that have been litigated before with regard to the affordable care act's mandate on contraception coverage? >> yes. >> now the little sisters of the poor benevolent group of nuns come i think there's about 300 of them to take care of elderly and infirm individuals, and of course as a matter of their religious beliefs have documented in the courts opinions they don't believe in either contraception or abortion. do you agree with that?

>> i believe that was described in the case you are talking about. >> i think that is right too. yeah. so when the affordable care act mandated that every health insurance policy contain coverage for contraception or chemically induced abortions, they objected and said this violated their conscious and free expression of religious rights under the constitution, correct? >> i believe so, yes. >> after the obama administration, during the trump administration, the trump administration expanded the regulations do not allow not only churches, but also religious organizations like little sisters of the poor a way for >> will continue to go

back-and-forth as we kind of manage and monitor for flash points. it feels like we were there. will cain come i want to go to you on this on the initial thoughts on the two topics we touched on there. row pieces weighed and also religious freedom. >> so on roe vs. wade -- by the way these two are probably not disconnected -- and i know, by the way, there is at least three of us, i'm not hundred% sure. is at least three of us that have -- i don't know if it's something to be proud of our something to be embarrassed outcome of the fact that we are licensed attorneys. there is at least three of us that i've spent some time thinking about this issue through the context of the lobby at the bottom line is that this is an issue that is a fundamental philosophical and religious issue. it covers del my covers over the question of when life begins. i don't think there are nine judge is qualified to sit on the supreme court of the united states and answer that question. i don't think science is prepared to answer that question.

when in doubt differ on the side of life. to that bottom line of the united states it's going to be an issue of democracy. that means justices defer to the legislator. it should be a question for the people. >> real quickly one thing that came up earlier with senator graham, and i think given previous to that was to talk about when does life begin? is it at this point? he gave a very early point. an indicator is that when they have to do something with that unborn child they give it anesthesia. they give it something to kill the pain. so clearly if it can feel pain -- and he went on to make the point. judge jackson didn't have much to say about that but those are the facts. we need to quickly step away but we will be right back. more "outnumbered" in just a moment. stay with us. ied me felt more energy in just two weeks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein,

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reduced cities and highways by at least 6 miles per hour. an alternate the use of a private car access in big cities. for example, restrict those with even lice number license plates to weekends for those who thought number license plates can drive another days. emily? >> left, i found a lot of these laughable. it speaks to the elite privilege of the author, right? it is a luxury to say i'm not going to drive on sunday. it's a luxury to say you will share transport with a fellow commuter that lives in an urban environment. it's also a luxury to be american and think that everyone is going to fall in line when china and india and other countries that are polluting the environment to a speed of a thousand times more than us, will not care at all and will certainly not be in any way enforcing if they will even adopt one of these. >> interesting data comes from his paris industry. cheryl, here i am i'm out on assignment in los angeles and

i'm between bell of early house in west l.a., beautiful here, but the predominant members of population during the weekdays are workers who trucked 30 or 4. not a big transportation come as often as that would help. they don't have it here like they do on the east coast. they all have to gas up here at some point. who can afford that? >> most of america has -- does not have access to public transportation but in any way can help them live their life. but back to the iea, this is a political group. they've done a horrible disservice especially to europe as far as their leading climate change agenda. they honestly have have the europeans convinced for more time than i could even think right now that they're going to get rid of fossil fuels. they're going to go to wind and solar. were going to get a rate of oil. they have completely ruined -- now you have several of these

european countries that are dependent on russia for natural gas or oil. they are so political, harris. >> we are hypocrites on that issue because three weeks ago we were getting a lot of oil, 630 barrels of crude per day from russia, panama. we have about 15 seconds, kayleigh. >> headline from "the washington post" site if site if you are rush hours and less meat. how retire -- are dealing with inflation. they're having to add just their selection, retirees, the vulnerable among us that we should protect. >> very true. anyway, we will be right back. like how i customized this scarf? check out this backpack i made for marco. only pay for what you need. ♪liberty. liberty. liberty. liberty.♪

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brown jackson, and as the russia war on ukraine intensifies and the humanitarian crisis grows, join fox in an effort to provide food, warm clothing to refugees and children. thanks to everyone, will, cheryl, harris, emily, back here tomorrow at noon. don't miss it. but for now, "america reports." >> what the [bleep] is this? [bleep] there it is. look at that tornado. >> sandra: two tornadoes ripping through the new orleans area killing at least one person. >> john: flipping cars and levelling homes as they rolled through. part of a severe outbreak killing one person in texas. damaging winds, hail and isolated tornadoes could be in the forecast again today as the system now moves