Skip to main content

tv   The Rachel Maddow Show  MSNBC  June 25, 2015 9:00pm-10:01pm PDT

9:00 pm
especially at this time, chris, when our country is so fractured and to return to what i really see as the unfinished business of the fair housing act and of civil rights, and that's getting at this entrenched housing segregation that so characterizes our country. >> i'm so struck by this study out of stanford, that typical middle income black family lives in a neighborhood with a lower incomes than the typical low income white family. huge ramifications for that. continues to be one of the defining features of how american race functions today and a big victory at the court today to keep waging that battle. sherrilyn ifill, thank you so much. "the rachel maddow show" begins right now. >> thanks to you at home for joining us this hour. we've got a big show tonight. there's lots to come tonight. it's been a very exciting day. big supreme court ruling today, obviously. that's a huge story. there's lots of political news today, including a presidential candidate denying that he's about to announce his run for president, when his campaign says, yeah, he's about to announce his run for president. it's very awkward. we've also got some financial tape tonight. tape that is from the supreme court, but it's not about this ruling that was just handed down today. it's actually from the case that we're about to get, maybe tomorrow. and that lots and lots and lots
9:01 pm
of people are anticipating with bated breath. just amazing tape. you haven't seen it anywhere else and we've got that coming up in just a minute. but we start tonight with me being wrong. oh, boy, was i wrong. i was totally, 100%, joyously freaking wrong. do you want to see me be wrong? here's me being wrong. >> today, the supreme court heard oral arguments in a case involving the fair housing act. the fair housing act was signed into law in the immediate aftermath of dr. martin luther king's assassination in 1968. president johnson signed it a week after martin luther king was killed, as basically a tribute to dr. king and dr. king's fight to end racially segregated housing in this country. well, the case that the supreme
9:02 pm
9:03 pm
9:04 pm
9:05 pm
9:06 pm
9:07 pm
9:08 pm
i sort of thought that's how it was going to go with this
9:09 pm
obamacare ruling, as a best-case scenario for obamacare. but that's not at all what happened. what actually happened with this ruling today is not only did millions of families not get kicked off their health insurance today, the ruling went further than just leaving the law in tact, than just leaving us at zero, leaving us at base line. the way this ruling was written today by chief justice john roberts, it appears to have strengthened the law, to have strengthened obamacare, so that once president obama is out of office, if some republican is elected after him who wants to gut the bill administratively, that president will not be able to do so on his or her own. and yes, a republican congress could work with a republican president to throw everybody off their health care, but thanks to this ruling today, a republican president couldn't do this on his or her own terms, without congress also being involved. and we're going to have some expert legal consultation on that in just a moment, to be sure. but that is at least how i understand what happened today
9:10 pm
with this ruling. and that also brings us to the other big thing about this ruling today. this ruling that earned these hugs today in the oval office. that's president obama on the right, hugging health secretary, sylvia burwell. that's vice president biden on the left, hugging chief of staff, denis mcdonough, who's making a very funny face, but it kind of seems like he's always making a funny face. this is the moment, apparently, they heard the ruling came down. the hugs in the oval office. the other thing that happened here, beyond the immediate policy questions of what could have happened and how the law was strengthened today, i think the other thing that happened here, big picture, is that we now know, basically, for sure, about what is going to be a huge part of the legacy of the presidency of barack obama. we know a lot more about how consequential his presidency will be seen in the long run of history. and, yes, he is and always will be our nation's first african-american president. he is and always will be the president who had to catch the country mid-plummet into economic free fall and put us back on track. he will always be the president who got osama bin laden. he will always be the president who let gay people serve in the military. he will always be the president
9:11 pm
who rescued general motors and chrysler. all true. but put him on the board, man, put him on the board for having done what generations of democratic presidents tried to do before him, but failed. i mean, it was fdr who did social security in the 1930s. and that took extreme poverty off the table for the elderly in america forever. it was lbj who did medicare in the 1960s, which is one of the most popular and successful large-scale government programs of any kind, anywhere in the world. and which has meant that every single person in this country who has the good fortune to grow old does so with the ironclad expectation that they will have health coverage for their health needs in their old age. and on that number line, you can put barack obama. who has not just done it, but who has seen to it now that it will not be undone. who moved heaven and earth to pass this thing in the first place, and he paid huge political costs for it, both in congress and in terms of everything else he couldn't do, because he did this. but on this, he succeeded where
9:12 pm
every previous democrat for half a century has failed before him, to substantively changed the enormous system by which we treat the sick and have our babies and set our broken bones and prevent our cancers and get our shots in this country. substantively changed that system, so that everybody can get care. he didn't build a whole new system. he elected, instead, to just fix the old one. and it definitely needs, still, a lot more fixing. but the number of uninsured american families has finally, not just stopped rising, it's fallen off a cliff. the costs of health care have finally started to slow down. i know, you know, we all know people who have health insurance now because of this law, who previously were covered only by prayer and good luck and wearing your seat belt and hoping it was true that the emergency room really couldn't turn you away if worst came to worst and that is where you had to turn up. we all know people who have coverage now who didn't have it before. who only have it now because of this law.
9:13 pm
two major tests of obamacare at the supreme court, both of them surprise victories. this one today, not just 5-4, like the first one, but 6-3. this one today, unapologetic, and assertive that this is the health care system of the united states of america now, and there has to be a good reason, not just a trick or a glitch or a gotcha that you can use as an excuse to tear it down. from the ruling, congress passed the affordable care act to improve health care markets, not to destroy them. we must interpret the act in a way that is consistent with the former and avoids the latter. twice now, the supreme court has taken up these tests, president obama's signature legislative achievement. twice now, he has passed those tests. and as i see it, at least, looking at the pipeline of all the cases that are out there, all the legal strategies that are out there from the republicans to try to tear this thing down, it looks like there's not going to be another one of these tests at the supreme court, at least while
9:14 pm
president obama is still in office. and so, yeah, this is a huge deal. this is a huge day. and as policy, there is further to go to make the health system work better and to get more people covered. but as a political achievement, as something that president after president after president after president has tried and failed to do, barack obama, we now know, did it! this is signed, sealed, and delivered. he did it. we know a lot more today about what history will say about barack obama as president of the united states than we did before this surprise ruling today in washington, this surprise ruling that proved all of the doom and gloom naysayers wrong, so very, very, very wrong. joining us now is michael beschloss.
9:15 pm
nbc news's presidential historian. great to see you. >> great to be here. >> as you can tell from my introduction, this is a very big deal. >> i got that idea. >> in historical terms, how significant is this ruling for his legacy? how do you think historians will explain the importance of this today? >> i completely agree with you. assuming, rachel, over the long run, that the health care law by barack obama does what it is supposed to and assuming that some future congress and president don't repeal it, this is going to be probably in the first sentence of what historians write about barack obama. and it really vindicates a big decision he made in his first term. as you'll remember, a lot of people around him said, we know
9:16 pm
that you, during the campaign, said you were going to try to bring universal health care, but, you know, there's a huge economic crisis, the worst since the 1930s. you know, do this at the beginning of your second term. don't spend the political capital now. instead, he said, i may not have this kind of democratic congress ever again. i'm going to try this in my first and second year, which he did, and it worked. and in retrospect, had he waited, he might still have lost congress and this would have been impossible. >> that's very helpful in terms of understanding this as a matter of presidential decision making and prioritizing. >> it matters who's president. >> and it matters whose advice he takes and whose advice he rejects. >> right. >> in terms of comparing him with other presidencies, and i've put him on that number line a little bit self-consciously with fdr with social security and lbj and medicare. is there a parallel here in terms of the fight, in terms of how hard a fight it was to get those things, how hard republicans contemporaneously fought against those things? >> oh, sure. and i think, you know, each case is always different, but fdr in the mid-1930s, fighting for social security, it was said to
9:17 pm
be socialistic, and once it passed, people said, either the supreme court will repeal it or some future congress will. by the early 1950s, many republicans were still saying, repeal social security. dwight eisenhower, when he was president around 1954, wrote a letter to his very conservative brother saying, these people talk about repealing social security. if a republican president did that, he would be the head of a party that soon would very soon not exist. lyndon johnson, the same thing with medicare in 1965. but, the test of all of this was that these programs worked, and now his history will show whether this one does. >> i feel like we're getting to a point in the obama presidency, and maybe it's these big things happening. maybe it's just the passenger of time, but i feel like we can start to sketch out what his impact has been, big terms, like, what he has changed, not just in terms of policy, but also in terms of politics. do you feel like you can start to see the what i that he has changed democratic politics or the overall left/right direction of the country?
9:18 pm
>> take a look at the language within the democratic party right now. it's much further to the left than it was in the 1990s or even in 2008. that is to some extent the effect of a president moving gently the party to the left. >> michael beschloss, thanks for being here. lots to come tonight, including the other ginormous ruling the supreme court could be ruling on tomorrow morning at 9:00 a.m. please stay with us. >> five years in, this is no longer about a law. this is not about the affordable care act as legislation or obamacare as a political football. this is health care in america. so this was a good day for america. let's get back to work.
9:19 pm
ugh! heartburn! no one burns on my watch! try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief.
9:20 pm
so there's more big news to get to tonight as it relates to the supreme court. we're expecting another giant ruling from the court that could come as early as tomorrow morning. that's still ahead. there's also an incredibly emotional day today down in charleston, south carolina, and we'll have details on that forthcoming. please stay with us.
9:21 pm
song: rachel platten "fight song" ♪ two million, four hundred thirty-four thousand three hundred eleven people in this city. and only one me. ♪ i'll take those odds. ♪ be unstoppable. the all-new 2015 ford edge. man when i got shingles it was something awful. it was like being blindsided by some linebacker. you don't see it coming. boom!
9:22 pm
if you've had chicken pox that shingles virus is already inside of you. it ain't pretty when it comes out. now i'm not telling you this so that you'll feel sorry for me. i'm just here to tell you that one out of three people are gonna end up getting shingles. i was one of 'em. so please go talk to your doctor or pharmacist. okay. i think this is kind of a scoop. does this man send you mail? this man is the chairman of the national republican party. his name is reince priebus. and if you are on any of his national republican party solicitation lists, you may want to keep a close eye on your mailbox over the next few days. because one of you lovely folks, one of our viewers, who watches this show from orange county, california, recently just sent to us this remarkable mailer. this mailer, he says he just received it, unsolicited, from reince priebus, and the republican national committee. and, naturally, it's a request for money. everything's a request for
9:23 pm
money, right? but what's amazing, what's surprising, actually, is how the national republican party and reince priebus are actually asking for your money right now. this whole mailer is designed to sort of trick you into thinking that this is a ballot. this is the ballot on which you will cast your vote for who you want to be the republican nominee for president. it see, it says, "rnc, presidential primary ballot" right on it, with official type face. it has a date by which you must respond, the date on which it's due. it shows you how to cast your vote. don't put a check or an "x," make sure you fill it in on the way to make sure your vote counts. your vote actually will not count. it's a fake ballot. but check out who the republican party is offering as the choices for who you could vote for as president. it's all these different people
9:24 pm
you see on the lower third of the mailer. but this is only the front page of this mailer. flip it over and there's even more. the national republican party is sending out these fake primary ballots to republican voters or people on their lists across the country, and they've got 30 different republican candidates on them for president. 30! i mean, we've been marveling at how many republicans are running this year or are likely to run this year. we've been tracking 19 candidates or possible candidates. 13 of whom have already formally declared. and that is an unimaginably huge number. right, the hugeness of that number creates all these different logistical choices for the republicans this year. it's got them all furious at each other about who's going to be allowed oen the stage at the debates. it's got the republicans in the early states, not just mad at fox news, which is hosting the first debate, it's got the early state republicans also mad at the marble republican party. i think the national republican party and fox news are going to
9:25 pm
have to change what they're plan on doing about the debates, because of that criticism. you can't be the official tv channel of the republican party. you can't be the republican party and give a one-finger salute to all three of the states who vote first in the republican primaries. you just can't do that. i think they'll have to change what their plans are on how to handle this giant field. but you have to feel for them logistically. it's going to be difficult for them to handle this huge number of candidates. and we've understand that thus far. but lest you think that the republican party is embarrassed by that problem. lest we think that the republican party is at all bothered by this unwieldly, historically enormous field of candidates, they're really not bothered by it. quite the contrary. because, apparently, the republican party is fake canvassing republican mailing list patsies all over the country with a supposed candidate list of not just the 19 might be candidates who really might be running, the republican party has added to the list all these other people who definitely are not running.
9:26 pm
they've got on their list, mike pence. he's not running. sarah palin, no, i don't think so. they've got herman cain on the list. kelly ayotte, john thune is on their list, condoleezza rice. tim pawlenty, seriously, tim pawlenty? none of these people are running. and neither are like a half dozen more people who they put on there. nikki haley is on there, allen west is on there. but the republican national committee is promoting them all as potential presidential candidates anyway. it's very strange. we have posted the screen shots of this direct mail at maddowblog.com and posted a link to the republican party's online version of it, gop.com/primaryballot. it's not really a primary ballot. but it's strange. it's surprising to me that the republican party is pushing even more candidates than the zillions of candidates who they already really have running. and speaking of those zillions, get ready for zillion and one. new jersey governor chris christie has reportedly now set a date. multiple reports today saying that chris christie will be announcing on tuesday in
9:27 pm
livingston, new jersey, that he's running for president. although, weirdly, tonight on his monthly ask the governor radio show, he denied having made any final decision, despite those leaks to the president by his own campaign. >> are you denying that there is going to be an announcement made tuesday in livingston? >> i can't deny that, because i haven't made a decision. >> okay. >> once i make a decision, then i'll decide how i want to do it. >> so chris christie may or may not be making that announcement on tuesday in livington, new jersey. oh, please. "i haven't decided." then, after he decides, after we hear from him in livington, new jersey, on tuesday, next will come governor scott walker, who tonight told my friend, greta van susteren, that he will make his announcement the week of july 13th. after that, we will still be awaiting expected announcements from ohio governor john kasich, from my dear friends, governor bob ehrlich from maryland and john gillmore, and then there will presumably be peter kink. and maybe reince priebus is telling us to gird our loins and get ready for a giant onslaught of announcements from people who
9:28 pm
we weren't expecting, from sarah palin and condoleezza rice and john thune and tim pawlenty. oh, my god, tim pawlenty. who knows? but apparently thermaging some kind of all game here where the more candidates you put on the field, more chances you have to win. like each of them is a quarter and it's all pinball. anyway, sky's the limit. come one, come all. everybody gets to run this year. ing us your aching and sleep deprived. bring us those who want to feel well rested. aleve pm. the only one to combine a sleep aid... plus the 12 hour pain relieving strength of aleve. be a morning person again, with aleve pm.
9:29 pm
9:30 pm
♪ i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet? seems like we've hit a road block. that reminds me... anyone have occasional constipation, diarrhea... ...gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against occasional digestive issues. with three types of good bacteria. live the regular life.
9:31 pm
9:32 pm
so we have some really remarkable tape, just ahead tonight. and when this stuff first came out, it really got lost in the news cycle, because there was something else big that broke at exactly the same time and this basically got completely buried. but we have unearthed it tonight. it has been uncovered for your glorious enjoyment. and if you want just a teeny, teeny, tiny hint of what it is, i can tell you that it involves one of this nation's highest ranking officials, discussing on tape, the sexual preferences of play-doh. not play-doh the toy, plato the philosopher. i know. that's coming up next. stay with us. next. ♪♪
9:33 pm
expected wait time: 55 minutes. your call is important to us. thank you for your patience. waiter! vo: in the nation, we know how it feels when you aren't treated like a priority. we do things differently. we'll take care of it. vo: we put members first... join the nation. thank you. ♪ nationwide is on your side ♪ headache? motrin helps you be an unstoppable, let's-rock-this-concert- like-it's-1999 kind of mom. when pain tries to stop you, there's motrin. motrin works fast to stop pain where it starts. make it happen with new motrin liquid gels. there's some facts about seaworld we'd like you to know. we don't collect killer whales from the wild. and haven't for 35 years. with the hightest standard of animal care in the world, our whales are healthy. they're thriving. i wouldn't work here if they weren't. and government research shows they live just as long as whales in the wild. caring for these whales, we have a great responsibility to get that right. and we take it very seriously.
9:34 pm
because we love them. and we know you love them too. ♪ ♪ ♪ (singing) you wouldn't haul a load without checking your clearance. so why would you invest without checking brokercheck? check your broker with brokercheck. americans. we're living longer than ever. as we age, certain nutrients... ...become especially important. from the makers of one a day fifty-plus. new one a day proactive sixty-five plus. with high potency vitamin b12... ...and more vitamin d.
9:35 pm
today was the obamacare ruling at the supreme court. there are five more supreme court rulings to go. and you don't know what cases they're going to rule on until the day they rule. and so, every day, in line, first in line, to find out if today would be his day, has been this man, jim obersfeld. the red arrow to him there. first in line, early this morning, this is him, just as he has been on every other supreme court decision day this month,
9:36 pm
he's been there, number one, waiting in line, along with everyone else. it was mr. obersfeld lawsuit against the state of ohio that turned into the marriage case that could tomorrow, or any day now, result in gay marriage being legalized nationwide or it could result in potentially the opposite of that or it could result in something in between. in his case, jim has been seeking to have his marriage recognized, specifically on his late husband's death certificate. and so he stood there this morning, in line at the supreme court, with a photo of his late husband and his supreme court admissions card with the number "one" on it, because jim obersfeld is first in line every day, waiting to get into the court to hear. when the court first heard the oral arguments in his case, his
9:37 pm
side was argued in part by a lawyer who is a legend in the activist world and the legal community, mary benato, but she had never before argued a case before the supreme court. and because it's the supreme court, we don't have video of the arguments, but we do have the audio for what happened in the court that day, on the marriage case, as they were arguing this case in april, and this is what happened as mary benato finished up her arguments. check this out. >> and i will say before i sit down, if i may reserve my time, your honor, that in terms of the question of who decides, it's not about the court versus the states, it's about the individual making the choice to marry and with whom to marry with the government. >> thank you, counsel. >> the bible teaches that if you support gay marriage, then you could burn in hell for eternity. the bible teaches, that if you sport gay marriage, they can burn in hell! >> general, would you like to take a moment? >> i will, thank you, mr. chief justice.
9:38 pm
>> actually, mr. chief justice, if the court is ready -- >> we're ready. >> okay. >> it was rather refreshing, actually. >> justice scalia said, hearing from the "burn in hell" guy was rather refreshing moment at the supreme court that day in april, as they heard the arguments on the marriage case. supreme court police ended up arresting the demonstrator, the guy who was yelling about hell and homosexuality being an abomination and what god thinks, the supreme court police charged him with making a harangue in the supreme court, which is an illegal thing. he's done it before, at the senate from the gallery, from president obama's inauguration from a tree, as you see here. but in april, at arguments in the pager case, he got inside the supreme court and he screamed and screamed in the court, but they dragged him out and then the solicitor general, don burr ellie was able to begin his part of the case. that was one of the more
9:39 pm
remarkable things that happened during those oral arguments. one of the other remarkable things was when samuel aleato mused out loud about a hypothetical adult brother and sister who have lived together for 25 years and who love each other just like married couples do. just exactly like that. it was a weird moment. >> well, let's -- let's think about two groups of two people. the first is the same-sex couple who have been together for 25 years and they get married, either as a result of a change in state law or as a result of a court decision. the second, two people are unmarried siblings. they've lived together for 25 years. their financial relationship is the same as the same-sex couple. they share household expenses and household chores in the same way, they care for each other in the same way. is there any reason why the law
9:40 pm
should treat the two groups differently? >> you sure they care for each other in the exact same way? if he means that, justice sam alito in the marriage case, comparing gay couples, apparently, to brother/sister adult incest. and that was before he suggested it would be as absurd to let gay couples be married as it would be to let a group of four well-educated lawyers get married as a foursome. things got a little weird on this subject with justice alito. >> suppose we rule in your favor in this case and then after that, a group consisting of two men and two women apply for a marriage license. would there be any ground for denying them a license? these are four people, two men and two women, it's not -- it's not the sort of polygamous relationship, polygamous marriages that existed in other societies and still exist in some societies today. and let's say they're all
9:41 pm
consenting adults, highly educated, they're all lawyers. what would be the ground under the logic of the decision you would like us to hand down in this case, what would be the logic of denying them the same right? >> gay couples, random groups of four people with the same profession. adult brother/sister couples who sleep together. it's all the same. there was a sort of creep factor to the questioning in this case from justice alito, certainly, but from some of the other justices, as well. and if you're now sort of trying to read the tea leaves from these little excerpts so you can guess how the court is going to rule tomorrow or monday, you do have a lot of leads to pick from. listen to this exchange. this was the lawyer from michigan, defending the michigan state man on same-sex marriage. you'll also hear two justices here jump in.
9:42 pm
sonia sotomayor -- happy birthday -- and justice anthony kennedy. michigan's argument for why they want to ban gay people from getting married. that michigan says, if gay people can get married in michigan, that will mean more children will be born out of wedlock in michigan. which is a hard thing to get your head around, right? at least that's how it went for poor michigan lawyer, jon burge, who just got live dissected here by the justices. >> the out of wedlock birthrate in this country has gone from 10% to 40% from 1970 to today. and i think everybody would agree that that's not a good result for children. and to the extent that you're changing the meaning of marriage -- >> but that wasn't changed because of the recent gay marriages. >> no, i'm not saying that at all. >> in massachusetts, we've got data that it's -- the rates have remained constant since they changed their law. >> but as several justices have noted, that's a very short time
9:43 pm
frame -- >> but you're the one that brought the statistic up. and under -- >> right. but, listen -- >> and under your view, it would be very difficult for same-sex couples to adopt some of these children. i-i think the argument cuts quite against you. >> well, what i'm talking -- >> and goes back to the basic point where you began that you had some premise that only opposite-sex couples can have a bonding with the child. that's -- that was very interesting, it's just a wrong premise. >> justice anthony kennedy, who everybody expects to author the decision in this case, if it is a pro-gay marriage kennedy, just picking apart the argument of the anti-gay marriage lawyer from michigan at the supreme court when the case was argued. one more. this is the moment where justice alito led a back and forth with the gay rights lawyer mary bonauto on whether or not the philosopher plato was kind of into gay sex. >> but did they have same-sex marriage in ancient greece? >> yeah, they don't -- i don't
9:44 pm
think they have anything comparable to what we have, your honor. >> well, they had marriage, didn't they? >> yeah, they had -- yes. they had some sort of marriage. >> and they had same-sex marriages, did they not? >> yes, and they were -- >> people like plato wrote in favor of that, did you not? >> favor of -- >> same-sex -- wrote approvingly of same-sex relationships, did he not? >> i believe so, your honor. >> yes, justice alito, i think plato was into that. can we talk about something else? at times the argument was a little weird. right, this marriage case, when it was argued, the reason you haven't heard this tape before, was at the time this case was argued in april, it was overshaded in the news by the giant riots in baltimore, which happened in the same time in this exact same news cycle. but this is a huge case, and the oral arguments in this case were really strange and fascinating.
9:45 pm
at one point, under justice kennedy and justice scalia kept talking about the unchanging nature of marriage for millennia, there was this moment where justice ginsburg jumped to point out that wives aren't their husband's property anymore and marriage has changed a lot, thank you very much. just these great, fascinating and at-times strange arguments. all that and plato's sex life and justice alito's weird incest thing and lawyers marrying in groups and the guy screaming about hell, fire, and damnation being dragged out of the courtroom, it was a very, very exciting argument. and now here we are, two months later, and we are about to get this ruling. and jim has been there first in line, waiting in line, and he has sat in the court to hear every decision the justices have handed down this month, but they have not yet handed down their decision on his case. and now there are only two decision days left, tomorrow and monday. we had kind of assumed that the justices would wait for their very last day to release this ruling, one of their most consequential rulings in modern history, let alone this term. but there have been reports and
9:46 pm
rumors and anecdotal suggestions that perhaps it's not going to be monday, perhaps it's going to be tomorrow. hold that thought. why do you lock yourself up in these chains? ♪ ♪ this would be so easy if you had progressive. our mobile app would let you file a claim and help you find one of our service centers where we manage the entire repair process. things will go your way if you hold on. [ sighs ] someday somebody's gonna make you wanna turn around and say goodbye. ♪ say goodbye ♪ no, you just made it weird. the e-class has 11 intelligent driver-assist systems. it recognizes pedestrians and alerts you. warns you about incoming cross-traffic. cameras and radar detect dangers you don't. and it can even stop by itself. so in this crash test, one thing's missing: a crash. the 2016 e-class from mercedes-benz.
9:47 pm
before earning enough cash back from bank of america to buy a new gym bag. before earning 1% cash back everywhere, every time and 2% back at the grocery store. even before he got 3% back on gas. kenny used his bankamericard cash rewards credit card to join the wednesday night league. because he loves to play hoops. not jump through them. that's the excitement of rewarding connections. apply online or at a bank of america near you. ♪ [music] ♪ defiance is in our bones. new citracal pearls. delicious berries and cream. soft, chewable, calcium plus vitamin d. only from citracal.
9:48 pm
this is one of the funniest things i've ever had to correct. at the top of the show, i showed this photo, reaction to the obamacare ruling. on the left side of your screen, vice president biden hugging chief of staff denis mcdonough, who's making a funny face. and i said it was president obama hugging health secretary sylvia burwell, which is what i thought at the time. turns out, that's not who the president is hugging. he's actually hugging deputy white house chief of staff, christy kenagala. so wrong person, but right hug. my fault. i got that wrong. very sorry. be right back. bab s grow up to be cowboys ♪ ♪ don't let'em pick guitars and drive them old trucks ♪ boys? ♪ mamas, don't let your babies...♪ stop less. go more. the passat tdi clean diesel with up to 814 hwy miles per tank. hurry in and you can get 0% apr plus a one-thousand dollar volkswagen credit bonus on 2015 passat tdi clean diesel models.
9:49 pm
9:50 pm
do you have any liberal friends? if your liberal friends are like my liberal friends i bet you have had this conversation on loop for past several days. when there the supreme court rule on gay marriage. >> tomorrow in time for gay pride weekend, no monday, biggest decision last. when will the court rule on gay marriage. they don't want riots. it will be friday because they want it to be the best friday ever. we don't know. we can relax for a minute. we are joined by senior editor who we know knows all, thank you for being here. >> it's a trap. run. >> no way you can got out of this one. >> we don't know if it will be tomorrow or monday, do we? >> we really don't. >> why is everybody -- well not everybody, why are people telling me it will be tomorrow? >> i think if you think the court is a sentimental place or that justice kennedy is a kind of poetic justice, it's not just
9:51 pm
that pride is happening. it's that tomorrow is the anniversary of two consequential gay rights cases of lawrence and of casey. i'm sorry, windsor. so i think there's some reason to believe that that day could be significant and if the court wanted to do something with certain symmetry and poetry it might be nice to drop the next big gay rights decision on that anniversary. i'm not sure the court is all that fussed about that sort of thing. i think probably more likely we are getting opinions and dissents and they will come when they come. >> to be clear, the anniversary tomorrow is lawrence v. texas and the marriage case from two summers ago. >> correct. >> on the obamacare ruling today. my read on this and i said this on the air earlier and i want to get your correction of it, particularly if i said it wrong. my read was it wasn't just the rejection of a challenge to obamacare today, which would get us back to zero. i feel like the ruling today made obamacare stronger. it made it harder for future republican president to gut the
9:52 pm
law on his or her own say so. is that your reading of it? >> i they is the reading f. john roberts wanted to hedge this so the next president could come along and say we're going to defer to the irs. with this chevron deference where you defer to the agency to interpret its own rules. he could have done that. it would have been a narrow ruling and left a big opening to come in the next president and say, okay, irs set new rules. he did not do that. he made a statutory ruling that said this law does not say what the challengers say. so i think it is quite right. i think was a thumping for a reason alone. >> you can tell in the tone and specifically in that -- not just that specific part of the legal reasoning but the language in terms of the way they are talking about this as something that shouldn't be trifled with because it is the america health care system. i thought it was remarkable.
9:53 pm
the other side of the ruling, justice scalia had one of his trademark awesome dissents today. at one point he called the majority ruling "pure applesauce". that was the whole sentence, "pure applesauce." is this quotability on these things strategic or does he actually think like a cartoon character? >> i think when you are bringing it. a couple of things. he's the most quotable justice. sometimes it borders on a.m. radio quotable but he's a wordsmith and thinks this way and loves this. i think he is angry. at the heart of it what the court does is fully renounces this interpretive mode of thinking that the only thing that matters when you look at a statute is what those four words established by the state what that means in the dictionary. if it guts the statute so be it. he didn't get, not four votes, not five votes but three he votes for that proposition and i
9:54 pm
think he's really upset. this is his life's work renounced by the chief justice. >> senior editor, legal correspondent at "slate" magazine. she who knows all. dahlia, thank you for talking to me as many times as i need it. >> thank you, rachel. >> as i stand here today, and i look down and see my grandmother, all i feel is pain. another part of me is to say most people in death don't get to represent a symbol. the nine victims get to. she gets to represent something that we all know is there, which is hate. bring us your aching... and sleep deprived. bring us those who want to feel well rested and ready to enjoy the morning ahead. aleve pm. the first to combine a sleep aid... plus the 12 hour pain relieving strength
9:55 pm
of aleve. for pain relief that can last until the am. so you... you... and you can be a morning person again. aleve pm for a better am. now available with an easy open cap. ♪ ♪ (vo) you can pass down a subaru forester. (dad) she's all yours. (vo) but you get to keep the memories. love. it's what makes a subaru a subaru. when were you first considered a family? when you fell in love? when you got married? when you had kids? when did you first fight
9:56 pm
to be considered a family? when you fell in love? when you got married? when you had kids? family isn't defined by who you love, but how. tylenol®. ♪ every auto insurance policy has a number. but not every insurance company understands the life behind it. ♪ those who have served our nation
9:57 pm
have earned the very best service in return. ♪ usaa. we know what it means to serve. get an auto insurance quote and see why 92% of our members plan to stay for life. hey, how you doin'? it hurts. this is what it can be like to have shingles, a painful, blistering rash. if you had chicken pox the shingles virus is already inside you. 1 in 3 people will get shingles in their lifetime. i wish that there was something i could do to help. the shingles rash can last up to 30 days. talk to your doctor or pharmacist about your risk. >> as i stand here today and i
9:58 pm
look down and see my grandmother, all i feel is pain. another part of me is to say most people in death don't get to represent a symbol. the nine victims get to. she gets to represent something that we all know is there, which is hate. she was a victim of hate. she can be a symbol for love. that's what she was in life. [ applause ] >> first of nine funerals for the nine victims who were killed in charleston, south carolina. the service was for 70-year-old ethel lance, a woman with a high school education. this morning remembered among others by her grand daughter who was now determined and on her way to get her phd. she worked at the mother emanuel
9:59 pm
church in charleston for decades as the caretaker of the church. today some of the most powerful people in the state filed in to the pews to pay their respects. they released doves at ethel lance's grave site today. later in the day, across town, governor nikki haley spoke at the funeral for sharonda coleman-singleton. she was the high school track coach at the local high school, a mother of three. tonight the body of clementa pinckney has returned to emanuel ame church in charleston after laying in state at the state capital rotunda yesterday. today hundreds of people filed in to pay their respects at mother emanuel. tomorrow reverend pinckney will be laid to rest following a funeral at the college of charleston. 5,000 people are expected to attend that service for him including president obama, michelle obama and vice president biden. they will all be there in person. hillary clinton will also attend. president obama will be spending tonight working on this eulogy. it will not be a policy speech just a remembrance.
10:00 pm
that does it for us tonight. we will see you tomorrow. now it is time for "the last word with lawrence o'donnell." good evening, lawrence. that does it for us tonight. we will see you tomorrow. now it is time for "the last word with lawrence o'donnell." good evening, lawrence. tomorrow in south carolina will be really an emotional day. >> an emotional day, a long day of services and very intense. >> thank you, rachel. president obama has been winning all week with in the senate, in the house and the supreme court where chief justice gave him a big win on obamacare over republicans, who have tried for the past five years to dismantle that law. >> five years ago, we finally declared that in america health care is not a privilege for a few, but a right for all. the setbacks, i remember clearly. ♪