good afternoon to you in the east. good morning out west. i'm ari melber. here are the headlines we're tracking. a historic ruling, brand-new for the united states supreme court today, and it may not be what some were expecting. it ensures civil protections for americans in the lgbtq community in the workplace, and includes a trump appointee voting for those protections. white house may respond at some point. we have a lot more on that big story with some very special guests. also now, a massive march which is being led by the naacp all across atlanta on criminal justice reform. this comes as residents are protesting the death of rayshard brooks, a black man who was killed by the police officer who was white in a wendy's parking lot that has since been burned down. also today, fda ending the

emergency use authorization for hydroxychloroquine, the drug often touted by donald trump as a potential treatment for coronavirus, despite medical warnings. agency says they believe the dosing regimens are, quote, unlikely to produce an antiviral effect, end quote. we have our team of reporters here to cover all of this. we begin with the breaking news. this historic ruling for lgbtq rights by the supreme court today. now, this was not a split decision. it was actually 6-3, including a vote from a recent member of the court who came from the trump administration, neil gorsuch. the court ruling of discrimination on the basis of sexual orientation or gender identity, that is, people who may identify as trans. if you are discriminated against just for that, that is now formally and officially, the court says, illegal, under a very old law, 1964 civil rights act. before today's ruling, members of the lgbtq community did have, we should note, employment protections in 21 states around

the country and washington, d.c. after today's ruling, as an effective matter, this becomes national law. to help us get into more of the depth of this, we are joined by nbc news justice correspondent pete williams, who has been following many of these stories from their inception, including, many will remember, the marriage equality ruling. pete, here, the court in a way, goes further. walk us through what they ruled today. >> right. the marriage ruling, of course, was a constitutional ruling. this was interpreting a federal law. the most important civil rights law ever passed by congress. the 1964 civil rights act. you noted it is very surprising that neil gorsuch joined the majority. it is doubly surprising that he wrote the decision. what he said is, yeah, sure, same-sex discrimination and transgender status were clearly not on the minds of anybody in congress when they passed the civil rights act 56 years ago. he says, that doesn't matter.

what matters is the cold words of the law on the page. he says discriminating against someone on the basis of sexual orientation or transgender status are both forms of sex discrimination. so that's a very surprising outcome here. i think the reason the chief justice chose justice gorsuch to write this opinion, remember, it's the senior justice who is in the majority that assigns the opinion, so that would clearly be roberts. he could have written it himself, but i think one of the reasons he gave it to gorsuch was to underscore this, this you will, textualist approach to the supreme court's decision here. now, he was attacked very much by the three dissenters, justa e justice calling this prepostero preposterous. he noted that congress has repeatedly debated whether to explicitly add sexual orientation as a category in the civil rights act and has repeatedly declined to do so. he said the court shouldn't be doing what congress declined to do.

so one other thing i think is interesting about this, ari, you know, many gay rights groups considered this decision more important than the marriage decision. while not every gay person chooses to get married, pretty much every lgbt person needs a job once they become an adult. it was legal to, you know -- just before today's ruling, you could legally get married on sunday and legally get fired on monday. that is no longer the case. >> pete, one quick follow-up on that. as you walk us through it, i'm curious what you think about the fact that the litigants here, the employers effectively, admitted, yes, this is why we fired them. that doesn't always happen in court, right? that was a sort of teeing up, this had to be aployers are goi "yup, that's why we removed this person." one case, someone said, i'm identifying a different gender than how i was quote, unquote, hired.

>> they didn't expolice licitlyt in the case of the transgender woman. she was fired for not abiding by the dress code. and the employer of the man in atlanta who was fired when the county found out he was on a gay softball team kept saying his accounts weren't right, something like that. but they didn't explicitly fight it. they basically fought it on the law. >> right. >> bostock, the man from atlanta, lost in the courts below. he went to court, sued, and the court said, sorry, we can't hear your lawsuit. the civil rights act doesn't cover what happened to you. amy stevens, the transgender woman in michigan, she won below. unfortunately, she didn't see this victory. she died last month from kidney disease. >> we're about out of time. the parochial question for legal nerds and news junkies is how do you feel reporting out a big opinion like this but not being out there in front of the court? >> well, it is a very strange feeling. today, even stranger.

because i was on the phone with tom goldstein, who argues many cases before the supreme court, publishes scotus blog, and has been helping us at nbc news cover these cases. i could see the first page of the decision on the web when it popped up. he still couldn't see it where he was logged in. as soon as the word got out of what the decision was, the supreme court's website immediately crashed. it is always nice to have that decision in your hand, but, you know, we made due today. >> right. the running of the decisions out. pete williams, always good to see you. big day for the court. thank you, sir. the trump administration, meanwhile, we should note, has not responded yet publicly to the landmark ruling. we do have the white house, which is holding a press briefing in about an hour. obviously, this is a question you'd expect reporters to raise. the court's decision comes as the trump administration rolled back protections for the transgender community in health care. joining us now, senior white house reporter for nbc news digital, shannon pettypiece. >> reporter: ari, as you mentioned, no response from the

white house. my colleagues and i have certainly been pressing them for any type of response. we're anticipating that we will hear from the white house at 2:30 on this subject. my colleague, peter alexander, will be in the chair. i know he'll certainly be asking about this issue. i think one of the key questions that the president hasn't really addressed, while his justice department was arguing in this case that the word "sex" didn't include sexual orientation, it was referring to gender, the president hasn't addressed the big issue here, of whether or not someone should be able to be fired because of their sexual orientation. so that's something, i think, that's sort of the next question for the president on this issue. but, of course, as you mentioned, ari, the administration has a number of times given their perspective on where they stand on rights, on lgbtq issues. namely, just a few days ago, where they rolled back a provision in the affordable care act that essentially offered protections to transgendered people when they were seeking health insurance or medical

care. repealing those protections. the administration's argument for doing that is it would save money, and it was an unnecessary regulation. one last thing i'd point out, ari, you heard pete talk about it, neil gorsuch. i think that's the other question for the president that we haven't heard from him yet on. how does he feel about his first supreme court pick, who he has touted so many times to conservatives as why they should continue to vote for him and support him, having neil gorsuch will the lead author on this opinion, how does he feel about that, and what type of response do we hear? i've been looking around and haven't seen much response or kr criticism at all of gorsuch from trump and his allies. we'll see how that shakes out, ari. >> although there's a lot going on. a brand-new ruling, breaking news. sometimes we expect people to be as up on the breaking news as the news is. i think over the coming days, we may see conservative legal reaction to that. as pete and you both were mentioning, it was not necessarily the vote breakdown

that people would have expected, which is why you have to wait to hear the court. shannon, thank you so much. now, we have something truly special on this breaking news. what many are calling a landmark ruling in the supreme court. we are joined by pamela, a professor at stanford law school, and the attorney who successfully won this case for two individuals who said they had been fired based on their orientation. first of all, as i would say to anyone who won today, congratulations, professor. >> thank you very much. >> why did you win this case? i'll let you weigh in on, of course, what has just been discussed, what do you make of the coalition that you got on the court? >> well, as justice gorsuch said, it is a simple but momentous decision. it follows directly from the text of title 7. title 7 says you can't fire a worker because of that worker's sex. if you have two workers named

bobby, one of whom is male and one is female, and you fire the male worker bobby because he marries somebody named pete, but don't fire the female worker for marrying somebody named pete, it is sex discrimination. pure and simple. >> and the coalition? >> the coalition is made up of justices who took the text of title 7 seriously. and said, we're not going to talk about what people might have intended to do in 1964. because whatever they intended to do, the words they wrote cover lesbian, gay, bisexual, transgender workers the same as every other worker. >> and what you just distilled there, i think, is when people talk about at the kitchen table or the barbecue, people say, well, wait a minute. in 1964, did that law really protect this? whatever you think of this, whether you think it is good, bad, or you don't care. you're giving the rebuttal to that. meaning, you don't need to be a lawyer to know in 1964, the law

did not explicitly write out a protection for transgender individuals. the world was a different place and it wasn't out in the open the way it is today. gorsuch basically took up what you argued in court back in october. he says, quote, the answer is clear. an employer who fires an individual for being a homosexual or transgender fires that person for traits or action s it would not have questioned in members of a different sex. sex plays a necessary and undisguisable role in the decision, which is what this civil rights law forbids. so does that mean that had this law not happened to have mentioned sex in that way, because there are certainly other things you can protect for against discrimination, that you would have had a harder time winning? >> if the word "sex" hadn't appeared in title 7, we couldn't have brought this case. for example, title 7 doesn't prohibit discrimination based on

what team you're a fan of. you can be fired for being a yankees fan, for being a red sox fan. you can't be fired as a woman who is a yankees fan if they don't firemen who are yankees fans. that's what the law is about. it is protecting people against sex discrimination. against being treated differently because they're a man or because they're a woman. then they themselves would be treated if they were of the opposite sex. >> you mentioned all the teams. you could also be fired for being a cubs fan. that would seem cruel, given what cubs fans already have to go through. >> yeah. well, you know, there are some teams that there's just not much you can do about them. >> not much. you know, for decades. since you brought it up, baseball, i'm curious what this tells us. obviously, you are uniquely situated here because you were in the courtroom, you won the case. moving beyond this one decision, what does this tell us, in your view, if anything, about how many assumptions people can make

about justices based on the president who appointed them? i think it is fair to say, and we mentioned, we haven't heard from the white house yet, but as a reporter who covers this, i think it is fair to say that donald trump was not touting then nominee gorsuch for him possibly ruling the way he ultimately did today. does it tell us anything, in your view, or is it too early for new justices? >> i think what it tells you is that when the text of a law is clear, justices who are textualists will follow the law, regardless of whether, as a policy matter, they might prefer to have a different law on the books. justice gorsuch was not making a statement about what he would have done if he had been in congress in 1964. he was making a statement about what the words congress used in 1964 mean. and what they mean are that if you are a man who is attracted to men, and you're fired from your job, and they wouldn't have fired a woman who is attracted to men, that's sex discrimination. >> yeah. you know -- >> it is very simple.

>> very simple. i was going to say, for supreme court arguments that go all the way out there, have all these convos, you're clearly good at what you do. because you've distilled it so clearly for us. professor, always nice catching up with you. >> thanks for having me. >> 100%. we'll have a little bit more on this conversation. i want to tell viewers, when the president of glad joins us later. later in the hour. we have a lot of other stories to get to. as you probably know, there is a lot going on right now. markets right now slightly down. that's after a week of losses, which performed the worst since march. dow dropped as low as 500 points at one point earlier today. that's heavy on the minds of americans who are in the stock market, as well as people worried about the companies and the jobs out there. house democrats now demanding that ceos of big banks disclose the recipients of taxpayer funded virus business loans. the white house refusing to do that. that's a be theattle. treasury secretary spoke on that

during march, the height of the pandemic. >> let me just -- >> specifically -- >> we have full transparency on anything we do. we'll be reporting to the public. >> when secretary mnuchin talked about transparency, he talked about the transparency of the process, of making the evaluation for the loan, and then the distribution of the loan. in so far as naming each and every company, i don't think that promise was ever made. and i don't think it is necessary. >> we're joined from asbury park, new jersey, by nbc senior business correspondent, anchor, and my colleagues, stephanie ruhle. you're about to take it away. i will only say, it must be some kind of riddle for what it means when you're not transparent about transparency. take it away. >> reporter: ari melber, because i am here on the jersey shore, i have no choice but to keep it absolutely real right now. larry kudlow is 100% not telling

the truth. treasury secretary steve mnuchin from the get-go said, yes, of course, once the process goes through, we will make all of these loans public. these aren't private loans. this is public government money, and these are business loans. on top of that, any other program in the small business administration's history, all of those loans are public. it is absolute nonsense, though predictable nonsense, that the white house and the treasury department is saying, oh, no, we were just going to give you themes, concentrations of what types of business es were gettig these loans. remember, there is a ton of possible fraud. we heard from congress, we heard from the treasury, they had to change the rules of ppp multiple times. this program has very good intentions and did a lot of good, but they pushed it through very quickly and with very little language. the goal was to get the money in people's hands as quickly as possible. but to democrats, the fact that they are now demanding that the banks disclose this information, hey, democrats, where were you?

congress signed the c.a.r.e.s. act. they put together a congressional oversight committee that only oversees the $500 billion of big corporate money. that congressional oversight committee as part of c.a.r.e.s. doesn't touch ppp. if they don't like what's happening, it is time to change the rules. the as unfair. >> thank you for the jersey clarity. since you're out there, how does it feel out there on a scale of zero, normal, to ten, pandemic? >> reporter: well, listen, if this were normal, this boardwalk would be packed with people. music would be pumping. i assure you, i wouldn't be wearing a blazer and a sweater. today is a very big day here in new jersey. the governor this morning was right here on this boardwalk, announcing we're moving to phase two. all retail and restaurants can be serving outside. i can tell you, the restaurants

just behind me just opened up. within minutes, there are people socially distanced, wearing masks, following the rules out there eating. it is essential. pau these coastal communities need the business. they have two, three months to make their dough. come september, they won't have any business. >> right. all important perfective from the ground. you have it covered from the shore to wall street. we appreciate you. >> reporter: thank you. >> thank you, stephanie. see you again tosoon. we've been going 18 minutes into the hour. we'll take a quick break. when we come back, we have an important story rocking the nation. another black american killed by police in a controversial altercation. atlanta man was shot twice in the back after he had obtained a taser from officers. authorities are saying rayshard brooks' death is a homicide due to the cause of death. we have live reporting from atlanta. you're watching msnbc.

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in other news today, the supreme court determined it will not be re-examining the immunity that is traditionally provided to law enforcement officers. individual states will continue to figure out how to do that. federal law gives police officers and other law enforcement officials wide deference. in georgia, meanwhile, we're watching demonstrators greet legislators' first day back at the state capitol. protesters are demanding lawmakers act on criminal justice reform. outrage reigniting over this

weekend after the killing of 27-year-old rayshard brooks. he was shot and killed by an atlanta police officer outside a wendy's restaurant. we've been covering it since it occurred. morgan chesky is live in atlanta with the latest. morgan? >> reporter: hey, ari. good afterbenoon. this is following the massive protests outside of the georgia state capitol this morning. the people marching through the streets of atlanta. the largest demonstration we've seen since the death of rayshard brooks friday night. this group here gathering on the steps of city hall, specifically calling for changes that we've started to see in other cities across the country. specifically, the de-funding of police and getting rid of the jail. part of this reform that is now being sparked, conversation wise, following the death of george floyd in minneapolis. we have a specific situation here in georgia that's different

from other places, ari. here, you have the distrust with the police this has gone on now for generations, but just in recent history, we have a distrust of government, in a way. we saw the problems that arose with the recent primary vote. we had voting machines that didn't work. we had unorganized polling locations. people had to wait hours in line to have a chance to have their voice be heard at the ballot box. so part of the protest we've seen here is definitely calling for that criminal justice reform, the police reform, but it is also just getting out to make sure their voice is heard. we do know that there are numerous protests planned throughout atlanta throughout the day. the wendy's where mr. brooks was shot and killed friday, a memorial is growing by the hour there. everyone showing their support for the family who spoke out today at an emotional interview, just calling for continued justice.

ari? >> monogrgan, thank you very mu. we turn to dorothy roberts, professor of law at the university of pennsylvania law school. when you look at this situation, before we get to the larger legal question of whether this is chargeable, which i think people can understand, even when you look at something horrific, there is a whole matrix that the law requires for that. but when you look at it even before you get to that, what here do you see as avoidable or fixable, as the nation tries to consider what to do about the problems in policing? >> well, the first thing you see is there was no need for police to be called at all. mr. brooks was sleeping in his car. he was unarmed. he wasn't hurting anybody. he wasn't violent. why did police have to come to the situation at all? then you see that there was some kind of altercation that happened after they spoke very

peaceably together. it's not clear what the police did to frighten him. but he ran away. he was shot twice in the back for absolutely no reason. they have his car. he was running away. but i do want to emphasize that the first question is, why did the police have to be involved? this really gives a good illustration of why we're calling to de-fund the police. take them out of these contexts with people that end up in violence. that's why police have to be de-funded, because despite all the reforms, all the training, the efforts of community policing, and despite two weeks of massive national and worldwide protests, we still see police acting in this way. so for many of us, the only

answer -- this is why people are calling to de-fund the police, is you have to give them less power. because their role in society is based in violence. it is the threat of violence, the discretion they have to commit violence, that usually isn't -- they're not held accountable for at all. that leads to these continual incidents where we're saying, enough is enough. >> professor, you mentioned, and the family mentioned, which i'll play in a moment, the crucial period before this turned into the terrible killing that everyone sees on camera. i'm reading from the "new york times," then i'll play the family. "new york times" says -- >> okay. >> -- that dashboard and body camera video shows brooks was, quote, compliant and friendly with the officers when they approached him and for some time after that.

then it says, quote, the officer searches brooks, puts him through a sobriety test, which he fails. mr. brooks asks the officers, as you mentioned, can he lock up his car under supervision, and walk to his sister's house, which is a short distance away. i can just go home, he says, quote. as human beings, we're talking now about a person who is no longer with us, who was killed. we're revisiting the moment where they say to someone, "i can just go home. i'm not being stubborn. i'm not saying i need to hold on to my car. i understand i'm in a situation. let me walk home." it is with that in mind that we show the brooks family attorney, chris stewart, speaking about that for your view on the other side. let's take a look. >> people ask, how could this have ended? why did he resist? it could have ended there. well, it also could have ended here. "i can walk. my sister's house is right here." that's how this could have ended. it didn't have to go to that

level. that's what we're saying in america with policing, is this type of empathy is gone. >> that goes to the deeper part as a professor of law and sociology that perhaps you can walk our viewers through, which is, any human encounter, and the law focuses, of course, on many of the worst, but any human encounter can be analyzed at the last five seconds of it or the last 20 or ten minutes or ten years, if you look at some of these situations. we see the breakdown in poli police-community relations. i'm curious what you think would be improved about us broadening how we understand that. because if you look at the very end of the video, it is true, and a jury might look negatively at the final interactions, where you have a scuffling over a taser. non-deadly weapon but, still, it is police property. when you broaden all the way back, it looks like before the scuffle, many other things happen, where the suspect, if you want to call him that, the

individual under potential detention, was literally the one leading de-escalation. >> yeah. well, if we talk about going back, i would go all the way back to the very origins of the police in the united states, which are in slave patrols that were designed to catch runaway and slave people and maintain order on plantations and make sure that enslaved people didn't rebel. then we could go from there and go through the period of jim crow, through the period of the '60s, the period of mass incarceration that relies on police arresting huge numbers of people, largely for non-violent crimes. so we could go through that whole history to really understand where we got to today. i think it's really important to

understand why we have an armed police force that engages in so many acts of routine violence, especially against black people and other people of color. now, once we understand that, it becomes clearer why it would be that mr. brooks, who is sleeping in his car, not harming anybody. we have to first say, why were the police needed at all? all somebody had to do was wake him up. >> right. >> all somebody had to do was try to get him. obviously, he wasn't trying to harm anybody. he fell asleep. we should feel sympathy for him. >> right. >> we should care for him. >> to your point, professor -- >> and then -- >> and if it were in a courtroom, a lawyer would say, everyone is mandated to receive equal civil rights protection and treatment under the law. so unless you think this is the same way it'd be handled if --

i'll pick a category -- but if it were a young white woman who was in her car and who said, "i want to walk home." would it then have been escalated this way? we're short of time, but i'll give you the last word, obviously. >> yes, probably not. so in every single phase of this, we have to ask, are the police really keeping us safe, or are we at risk all the time of violence by the police? so what is the answer? the answer has to be to give the police less power, to de-fund the police, and to give the -- all that money over to various kinds of government and private and community agencies and functions that will truly make us safer, with better housing, better jobs, better health care. that's what we need to keep us

safe. let's reduce and eventually abolish the police by creating a society where we don't need this kind of violent supervision and control of communities to meet our needs. >> right. >> and ensure safety. >> professor roberts, we ran a little over, but out of interest in everything you were educating us on, i appreciate your time. >> thank you. thanks so much. >> thank you. we're going to fit a quick break. coming up, we have states across the nation seeing a spike in the virus, when we return. how about no no uh uh, no way come on, no no n-n-n-no-no only discover has no annual fee on any card. i wondered.. could another come around the corner? or could it play out differently? i wanted to help protect myself. my doctor recommended eliquis. eliquis is proven to treat and help prevent

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president trump is pushing an upcoming rally which will be this saturday in oklahoma. local health officials sounding an alarm because of the virus, of course. concerns there including the health department director telling a local newspaper, covid is here in tulsa and transmitting efficiency. i wish we could postpone this to a time when the virus isn't as

large a concern as it is today. around the nation, coronavirus cases rise in certain areas. 22 states show the virus increasing in case count. that's concentrated heavily in the southern and western parts of the united states. we're joined by nbc correspondent cal perry in nashville. the mayor announcing the city will delay moving into its planned phase three of reopening because of the rise in cases. >> reporter: hey, ari. we have the delay into phase three, so we're still in phase two. phase three was supposed to go out today. that would have unlock add lot of the music venues that nashville heavily relies on. there is tension growing in this city over whether or not to open up more quickly or whether or not to stay where we are. i wanted to sort of highlight the tension by playing for you, first, the owner of one of these very large honky-tonk bars. he wants to open up. that's going to be followed by the head of the coronavirus task force here in nashville. it'll give you an idea of exactly the debate. take a listen. >> there's going to be people that are going to get sick.

rather they keep us from sitting at our bars and playing country music or any other kind of music, the virus isn't going away. they're just delaying, in our opinion, kind of the inevitable. >> to get herd immunity, you need 70% or 80% of the community to get it. right now, we have 1% of nashville who had covid-19. we're far from being a place where we have herd immunity. i don't think it is fair to just impact people and have people potentially die just so a whole community can get it. >> reporter: now, the reason for the delay into phase three, 300 new cases here in nashville. though the head of the coronavirus task force tells me at least 200 of the cases may be old. it may be old reporting from a center a few weeks ago. they want to be sure there's no cluster and that it is not going to spread further. one of the other things that happened here over the weekend, 14 different establishments, 14 establishments were fined for breaking some of the rules. again, that has tensions here high between business owners and

the local authorities who want to keep that curve as flat as they can get it, ari. >> cal, it almost seems to all call for a great country music reference. >> reporter: which is that one? come on, i missed it. i missed it. >> well, billy occurrington, i believe, said god is great, beer is good, and people are crazy. >> reporter: all right. i like it. how about this one? we're going to be on the road again just shortly. on the road again. >> i can't wait to get on the road again, as long as you stay safe and everybody -- i mean, i love nashville and new orleans. you have great guitar licks down there. as soon as, hopefully, it is safe enough to reopen. >> reporter: yes, sir. appreciate it. stay healthy. >> cal, i'm told we're over on time. did you want to extend this moment any longer? >> reporter: we can let it breathe if you want to let it breathe. i know you like to just --

>> okay. stay safe, sir. >> reporter: okay. thank you. now, we turn away from the country music and towards a little medical science. we have a physician, medical contributor to nbc news, former white house health policy director. having joked around a little with my friend and colleague, cal, we will get serious with you, given all of your expertise. you heard just there the debate. i think we can understand why people do feel this way, that it is not anymore black and white when you have places where there are competing concerns. your business going under is not only, obvious, an economic concern, it is a health concern, a jobs concern. what we heard is a real debate. when you look at these rising cases in certain parts of the country, what should we take from it, doctor? >> well, couple of things, ari. number one, we probably have

phases of the country reopen too soon. i think many, many people are acknowledging that. we had warned about that, talked about that here. second is that it doesn't have to be that businesses need to go completely broke or out of business. we could actually really put into place contact tracing in places like arizona, some of the states that you showed on the map. we still only have about 2% to 5% of cases that can be officially contact traced. we talked about testing last month, and we still have problems about testing. we haven't touched the surface on tracing. we should be doing more of that from a policy perspective. the third, i think all americans, myself included, we feel like we've been doing what we're supposed to do, and it is still not working, so it seems. that's actually not the case. the virus is just incredibly infectious. it is showing us we can't control it the way we thought we could with warm weather or humidity. we need to do what we can, and that means if you can be

outdoors and wear a mask, stay physical distanced and stay safe, you can still try to take part in the economy and the nation, getting to this new normal this year. >> what would you say to people who want to know, okay, how long given this surge in certain areas, how long until you can be, and whatever you want to call it, in a phase three, phase four reopening with safety, but getting out there? >> yeah. i think the critical part of that next phase for reopening, and it's why, ari, you've seen tennessee, nashville, state of oregon putting a pause on things, which was smart. you need to have the public health infrastructure pieces in place. you need the contract tracing in place. how is a regular american supposed to know that? you need to have some faith in your local health authorities. right now, basically, ari, we're doing this flying blind with no guidance from the federal

government. they've been totally absent. you have to depend on state and local health authorities, all in different states of preparedness. you have to look at your hospitals and clinkicclinics. they're ready but starting to get overwhelmed. around the country, they've reopened surgery and many of the other necessary procedures that they had put on hold for months, as well. so look at your local data. act with prudence. >> dr. patel, thank you. we'll be coming back to you. we'll fit in a break. when we come back, this is a huge story. the supreme court ruling to protect lgbtq americans from being fired for who they are. and the coalition of justices on the court, pretty striking. we have a very special guest on that when we come back. when you walk into an amazon fulfillment center, it's like walking into the chocolate factory and you won a golden ticket. all of these are face masks. this looks like a bottle of vodka. but when we first got these, we were like whoa!

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country, didn't have protections for being, basically, gay or whatever they define their sexual orientation as, or if they happen to be transgender. they could be legally fired just for living their lives. those protections are now nationally, take a look, the law of the land because of this new supreme court ruling breaking this morning. to get into that, we are joined by sarah kate ellis, the president and ceo of g.l.a.d., the gay and lesbian alliance against defamation and discrimination. thank you for being here. >> thank you for having me. it is a historic and groundbreaking day. >> yeah. i mean, it is a big day. it is a big one. i was reminiscing moments away with pete williams, how it might feel bigger if we were pre-covid. you'd see everyone running around the supreme court steps. i happened to be there, along with a lot of other people reporting, when the marriage equality ruling came down. it became, as i'm sure you know, you remember, a gathering spot, impromptu that day, to celebrate

the ruling. many people welcomed it. this ruling, in your view, in that larger context, what does this mean? >> this is just as big as marriage equality, if not bigger. everybody should have the right to work and not be discriminakcd against. if they identify as lgbtq, prior to today, you could be fired in almost half the states in america. now, it's the law of the land. so this being said, i want to point out here though that there is an equality act sitting on mitch mcconnell's desk and has been for quite a while. that is really what the lgbtq community needs for full protections, from discrimination. this is employment. there's still housing issues. there's still service issues. >> sure. >> there's still health care, which was rolled back on friday. >> but on this ruling, what did you also think?

were you surprised to see justice gorsuch both join this ruling in favor of the protections, and write it? >> absolutely. gorsuch, roberts, they were surprises for sure. we didn't -- we weren't optimistic about this ruling, if we were being completely honest. just the way the world is going right now, the culture that we're living in, the trump administration spoke loudly and proudly that we were anti this ruling, that they were not for protections for the lgbtq community against discrimination at the workplace. we didn't think this was going to go in our way. we are both surprised and thrilled. and i just want to build a little context to this, ari. which is, just think about this. i could be fired just for being gay. and that is being debated at supreme court level, which is the first issue. so what kind of dignity can i have as a person and our community have if we are

debating whether or not we could be fired just because we're gay or trans. so even that conversation is pretty startling, i think. >> yeah. well, it is a big day, as mentioned. you obviously are celebrating, giving the work you and your organization have done. thank you so much. >> thank you for having me. >> sure. when we come back, a former u.s. marine is facing 16 years in a russian prison for spying. big case and a big debate when we come back. it. a digital foundation from vmware helps you redefine what's possible... now. from the hospital shifting to remote patient care in just 48 hours... to the university moving hundreds of apps quickly to the cloud... or the city government going digital to keep critical services running. you are creating the future-- on the fly. and we are helping you do it. vmware. realize what's possible.

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paul whelan after what thal caw a secret trial and without appropriate defense witnesses. we demand whelan's immediate release. this is a huge international story. keir simmons joins us now. keir? >> hey, ari. you can be forgiven for feeling like you're hearing about a 1970s novel rather than inside of a court in moscow today. paul whelan sentenced and convicted in a matter of minutes to as you say, 16 years in a russian labor camp. >> paul whelan, a former marine from michigan, districonvicted moscow courtroom, pressing a sign against the glass saying sham trial. slapped with a 16-year sentence. the american ambassador speaking outside court. >> it's a mockery of justice. in addition to the fact that he's been horribly mistreated. >> last month, whelan had hernia surgery and has been isolated to avoid coronavirus. but the 50-year-old denying

accusations of spying. speaking out during the court appearance last year. >> russian says it caught james bond on a spying mission. in reality, they abducted mr. whelan on holiday. >> paul whelan was arrested in moscow just after christmas 2018. his hotel room was raided by the fsb, the former kgb. the russians say they found a thumb drive with a list of classified employees from a russian security agency. paul whelan and his legal team say it was planted. >> you think it's a political prosecution? >> a political prosecution, partly. >> they believe president putin wants to use him for a cold war style spy swap with america. his twin brother saying in a statement the russian legal system has been found guilty of injustice. >> he's been held without evidence, without due process the way we expect it in the united states. >> paul whelan's family now saying they plan to pressure the

u.s. government to secure his release. >> we will continue to fight for paul's freedom until he's home. >> and already, ari, the russian foreign office referring to possible prisoner exchanges. meanwhile, paul whelan in the courtroom, that sign he held up also called on president trump to, as he wrote, take decisive action to help him. ari. >> keir simmons, thank you very much. obviously, a significant story. this does wrap up the hour for me. i want to tell everyone, if you're watching msnbc this evening, i'll be back at 6:00 p.m. eastern for the beat. we have a lot planned. right now, my colleague katy tur picks up our coverage. come on, no no n-n-n-no-no only discover has no annual fee on any card.

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good afternoon. i'm katy tur. it is 11:00 a.m. out west and 2:00 p.m. in the east where the country finds itself in a renewed state of shock and anger following the killing of another black man at the hands of police. more protests now after 27-year-old rayshard brooks was killed by atlanta police following a sobriety check after brooks fell asleep in his car in a wendy's drive-through. his death was ruled a homicide by investigators. the officer in question has been fired, and the city's police chief has resigned. and today, brooks' family honored his memory while decrying what they describe as this country's twisted status

quo. >> life shouldn't be this complicated. life shouldn't be where we have to feel some type of way if we see a police or somebody of a different color. i didn't come out here to talk to the media. i came here to love on my people. if you ask how this young black man was, look at your children when you see them laugh. that innocence, that joy, that pureness of soul. you had a glimpse of what we lost. >> let's begin in atlanta, with nbc news correspondent morgan chesky. so morgan, this officer has been fired. the police chief has resigned. what is the status of the investigation? >> yeah, katy, good afternoon. we know that three separate

investigations are happening simultaneously into this incident. the fulton county district attorney did speak out yesterday and says he does anticipate filing charges against one or both of these officers in this case, saying it could be manslaughter, it could be murder. he wouldn't say exactly when those charges will be filed, katy, but he says to expect them by some time midweek. that, of course, encouraging news for the people who have gathered here in atlanta and who are making those calls for justice, who are making those calls for police reform, echoing what we heard in minneapolis following the death of george floyd. and this just one of several gatherings that's happening here in atlanta today. we're on the steps of city hall. this group here specifically calling for something that we have heard more and more of across the nation, and that is changing how the police department operates. defunding it. reallocating some of the money that would go towards law enforcement in atlanta to those community programs that they

feel like can do a better job of taking care of the community than the police department. the trust here, or the mistrust rather, with law enforcement has now risen to a fever pitch. and not only that, katy, but just a few weeks ago, with the primary here, we saw issues with people having to wait hours to have a chance to vote, to have their chance be heard, and so that lack of organization with the government combined with the fact that we had another negative interaction with police officers here on friday night with the death of rayshard brooks, leads this group here and others all across the city to feel incredibly frustrated. and there was a protest of several thousand people earlier today. within that group was atlanta hawks head coach lloyd pierce, who shared with me why it was so important for him to come out today. take a listen. >> we have to keep this conversation alive. we have to confront the reality,

the systemic racist and blatant racism of law enforcement and how we need to address that to make change. and that's why people are protesting and marching and fighting, but we have to keep this conversation alive. it feels different right now. it feels like, you know, this is the tipping point for our generation. >> you believe that? >> i do believe that. >> and we heard echoes of that tipping point happening in minneapolis. when you see the crowd out here today and how enthusiastic they are, katy, you have to kind of believe it. we'll send it back to you. >> morgan chesky in atlanta, morgan, thank you very much. >> now let's bring in eddie glaude, the chairman of the center for african-american studies at princeton university. eddie, it's really good to have you on this. i want to just start with the fundamentals here. this debate over how police should respond has been ongoing. and to many people out here, having these conversations for days now, this just seems like a

textbook example of why maybe the police shouldn't be responsible for all calls. maybe this would be a call that the police should not have initially responded to. >> perhaps. it seems to me fairly reasonable, katy. look, whenever the police is involved in any kind of encounter with everyday ordinary americans, they bring to that encounter the ability to use lethal force. and we need to understand that. whether it's dealing with the homeless, whether it's dealing with a mental health issue, or whether it's tealing with someone who fell asleep in their car, always, there is the presence, the potential, the possibility of lethal force. and what we saw in the video footage around rayshard brooks is for 30 minutes, close to 30 minutes, we saw a man reasonably trying to explain what happened. there's an even -- katy, there's an exchange between him and

officer bronson, he said we were worried about you. you were asleep in the car. he said, i know, you were just trying to do your job. he said i live down the street, i could walk home. what we saw is a police officer understanding his power, deciding to escalate. and then, when he could not control rayshard, for whatever reason he decided to break loose, to take the taser, he broke loose from the two of them, that officer decided to discharge his weapon in a parking lot with a line of people there. it seems to me, not just simply bad training, bad decision, but really, really an issue we need to address in terms of how we police and conceive of public safety more broadly. >> so what do you expect to happen after this? the officer has been fired. the police chief has resigned. what should happen next? >> well, first of all, what we

saw is this horrific ritual of black public grief. we're going to see families grieving. we're going to see black people crying in public. we're going to see video footage repeatedly of trauma of the suffering of a black body. that's the one thing. that's the first thing. i think this is going to be part of the broader discussion about how we reimagine public safety in this country. again, i have been saying over and over again like a broken record, katy, we have to break the frame of policing as being tough on crime. as being a part of this broader discourse of law and order, and begin to think about public safety in a much more expansive way. to begin to invest in communities, to understand what's driving the reason for us having such aggressive policing in this country. this is just the latest piece of evidence to justify that ongoing discussion and debate. >> eddie, can this be addressed with better training? >> no. no, no.

remember, officer rolff had nine hours of de-escalation training. we have been talking about training for the longest. that's like saying we're trying to address the issue with our economy by retraining american workers. that's a lie. that's an illusion. the training issue is just another justification for dumping money into police forces. of course, we can engage in training. we can do that. but we know that the evidence is in that even with all the training, police are still killing citizens in the united states. and we need to end that once and for all. >> eddie glaude, thank you so much. go ahead and answer that phone. good to have you, sir. don't worry. it happens to the best of us. it's always good to hear your words. we appreciate your time. thank you very much. >> we have breaking news this hour that we want to get to. nbc news has just learned president trump plans on unveiling his executive order on police reform tomorrow.

we're going to have more on that in a moment. the president is also still facing criticism for his decision to get back on the campaign trail. on saturday, he'll be in tulsa, the site of one of the worst acts of anti-black terrorism in this country's history. the rally was originally planned for friday, which was juneteenth, also juneteenth, the holiday celebrating the emancipation of slaves in the united states. in addition, though, there are concerns about the number of people that are going to be at this event. local officials express concern about the safety of holding such a large gathering inside during the pandemic. today, donald trump's campaign manager confirmed that attendees will receive a temperature check and a mask as well as hand sanitizer when they walk in the door. but it is yet unclear if mask wearing will be mandatory. with me now from washington is nbc news digital senior white

house reporter shannon pettypiece. so shannon, this executive order, do we know what's in it? >> we're starting to get some details. i will say, katy, with everything in this white house, the situation is fluid. but my colleague peter alexander was told earlier today it is highly likely the president is going to have a signing of an executive order tomorrow in the rose garden. some of the things we have been hearing in recent days could be in there, as a national database of police who have been accused of misconduct or excessive use of force. one thing the president has talked about wanting to see in there is having social workers work more closely with police, so some language in there that could encourage that. as well as some sort of national standard that could be created or at least encouraged for police departments to follow when it comes to what the appropriate use of force is. so things that necessarily won't change the reality on the ground but could send a signal to police forces, bought of course,

there's only so much the administration can do over how a local state, city, town, police force handles themselves. but finally, after three weeks of questions on what the president is going to do, we're expected tomorrow to see something. >> and shannon, bring us up to speed on what's going on with the tulsi rally. moved to saturday. why was it moved to saturday? and what about the concerns from officials about having this sort of gathering inside? >> right. well, you know, you mentioned the date being moved. this is one of the rare instances of the president appearing to bend to public pressure, particularly from his allies like senator langford of oklahoma, who urged him not to have an event on this celebratory day that really marks the emancipation of the slaves and to move it one day, and the president tweeted publicly that was the reason he was moving it. but of course, the day was only one issue with this event. you mentioned the masks, temperature checks, and hand sanitizer that will be

available, still no word on whether masks will be required. unlike some of these protests, this is an indoor event where you'll have 19,000 people packed in very closely, sharing batrooms, sharing concession stands, and shouting and chanting very loudly, which the cdc has said is a known method of transmission. so certainly, a high risk event and something that even oklahoma public health officials have raised concerns about. >> shannon pettypiece, thank you very much. >> the secret service has now admitted it did use pepper spray in a confrontation with peaceful protesters at washington, d.c.'s lafayette park. the agency originally denied using a chemicali irritant to clear the park so the president would stage a photo op. but in an amended statement, they say an officer did use it in response to an assaultive individual. their words. last week, a park police spokesman said it was a mistake to say no tear gas was used. democrats have launched an inquiry into the incident.

>> and turning now to seattle, where activists continue to occupy a six-block radius of the city. the capitol hill occupied protest has drawn the ire of the president, after police moved out in an attempt to de-escalation tensions with demonstrators. now activists believe their sit-in is a powerful tool to get officials to meet their demands. joining me now from seattle is nbc news correspondent jo ling kent. jo, what exactly are their demands? >> the demands are to achieve police reform and make a real change to this community, which by the way, where we're standing right now, just a week or two ago, was filled with thousands of people facing off with police, and now it's essentially a whole different kind of community. you can see here, there's a coaup where people are making donations, coming together to build a new kind of mini society, if you will. it's happening all down this city block, throughout that

anderson park, people have set up tents and comumunity gardens. the idea here is to call for change, to stay here until they see more reform at the city level. be it from the police department or the mayor's office. i spoke, interviewed the police union president yesterday. and he says this area is lawless. he's pushing back, saying there is no plan forward, and this could metastasize across the country. here's what he had to say. >> i think when you voluntarily surrender a police facility and you acquiesce to unreasonable activism, criminal activity, for a political gain, to me, that's unconscionable. >> i think if we continue to be sauld solid as far as the community, then policy can be implemented so we can see changes in the police department and the systemic racism we have seen in this country for so long, and

progress as a people and as a country. >> now, right now, there is no solid timeline, and you heard the president of the police union, the seattle police officers gild there, pushing back on what he says is a situation that seems politically motivated. and so right now, here at the capitol hill occupied protest, you can see you still have lots of protesters here gathering in a very peaceful way. but that's the east precinct there. it's still boarded up. there's no timeline going forward, katy, and you're also seeing as of yesterday protesters move on to a different area, marching towards the west precinct, where there continues to be tension, and we expect more complications to arise in the coming days. >> jo ling kent, thank you very much. we appreciate it. sdploo still ahead, the sea change and how americans perceive the protests. and what it could mean for the november election. but first, by a resounding

majority, the supreme court has ruled once and for all that lgbt americans are protected by the civil rights act. coming up, we have the lead plaintiff in one of the cases, gerald baas talk, who was fired after he joined a gay softball league. he joins me next. i see all the amazing things you have been doing. you are transforming business models, and virtualizing workforces overnight. because so much of that relies on financing, we have committed two billion dollars to relieve the pressure on your business. as you adapt and transform, we're here with the people, financing, and technology, ready to help.

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court handed the lgbtq community a major civil rights victory, ruling that federal law prohibits discrimination against gay and transgender employees in the workplace. the majority opinion written by justice neil gorsuch up holds te ruling by lower courts who have said sexual orientation discrimination is a form of sex discrimination which is illegal under the civil rights act of 1964. it is a huge defeat for the trump administration, which just days ago, attempted to roll back

health care protections for queer and transgender americans. joining me now is one of the lead plaintiffs in today's ruling, gerald bostock. he was fired from his job as a child welfare services coordinator after his supervisor found out he joined a gay softball league. now he is a mental health counselor. it's really great to have you. i want to read a quote that you told us at nbc news the day of opening -- the day there were oral arguments in front of the supreme court last october. you said, quote, i have faith in the judicial system. i'm going to get to come back to the 11th circuit and have my day in court here so i can not only clear my name but restore my reputation and paint my own portrait. not have it painted by someone else. so how do you feel today? >> i remember those words well. and i'm elated. and i'm filled with so much

gratitude and appreciation for the justices, for making the right decision, but also to my legal team, my great wonderful circle of family and friends, and also the many great organizations that have been by my side through this journey. the aclu, the human rights campaign, georgia equality. so we all share in this victory today. and it turned out to be an awesome, amazing day. >> are you surprised by how the ruling went? are you surprised that neil gorsuch was the one that wrote the opinion, and i'll just read you part of it, he says the answer is clear. an employer who fires an individual for being homosexual or transgender, fires that person for traits or actions it would not have questioned in members of a different sex. sex plays a necessary and undisguisable role in the decision. exactly what title 7 forbids.

>> i don't know that i would say surprised. i think maybe a little shocked. and probably more so that it was a full win across the board. which tells me that that was a very clear message that the united states supreme court sent out. and in this time of uncertainty, and certainly some dark days with the civil unrest going on around us, my hope is that this brings a little bit of sunshine to these dark days. because what it tells me is there is hope. and as you said, i remember those words well. at the beginning of the segment, you know y had faith in the system. and i had faith that the justices would do the right thing. and i think this is just one step in laying the groundwork, though, because it underscores given everything going on in our country today that we still have more work to do.

and i will lend my voice to those efforts to make sure everyone is treated equally. there is no room in this world for discrimination or racism. >> as you said, this wasn't a split decision. this was a clear ruling. 6-3. this also goes against what the trump administration was trying to do in this case, but also what the trump administration was trying to do just days ago by rolling back health care protections for transgendered americans and for queer americans. what is the message that you believe that is being sent to the trump administration? >> that we will no longer tolerate these types of acts of discrimination and racism. this is an effort that we all need to standard together with. >> what does this ruling mean for you personally going forward? >> well, personally, it gives me

validation. for my last seven years, which have not been easy. losing a job that you loved and a job you were good at, you know, i lost my source of income, and i lost my medical insurance at a time that i was battling prostate cancer. so for me, a lot of validation. but it also means that i will get to move forward with my case against clayton county. i will be consulting with my legal team and we'll be moving forward with that. >> and what is that case going to center around specifically? >> wrongful termination. the timeline speaks for itself. i had a fantastic record serving child abuse and neglect children. 100% of the children in state care and custody in my county, which was a suburb of atlanta, i no longer live in that county, but serving 100% of those kids is unheard of. especially in the south part of our country.

so you know, it's just an amazing day. again, that's what i can say. >> and what about the other two lead plaintiffs in the other two cases that were decided as part of this decision today, who are no longer with us? what would you say for them on their behalf and to their families? or what would you say to them if you could? >> we did it. and it was an honor and privilege for me to stand by their side. you know, i had the privilege and honor to meet amy stevens back in washington in october. and that was amazing, to not only meet her but to hear her story with her own words. but more importantly, to get to know her. to get to know her wife, and i also had the privilege of standing with the zarta family, the work that needs to be done, we'll continue moving forward, and i'll carry those steps with

them in my heart. and in honor of the hard work that they did. and i know for sure they're up in heaven smiling down right now. >> gerald bostock, congratulations on the decision today. and thank you so much for joining us. we appreciate it. >> thank you very much. i appreciate your time today. and the supreme court also said it will not take up a legal battle over sanctuary cities. it is another blow to the trump administration, which had asked the courts to consider whether california and other local governments can legally declare themselves sanctuaries and refuse to help federal agents enforce immigration laws. as is tradition, the court declined to say why, but two of the court's most conservative justices, clarence thomas and samuel alito, said they would have voted to hear the case. and coming up, we head to two states that saw an increase in coronavirus cases after they both reopened. one of which is now delaying the

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how much you can save. turning now to news on the pandemic, and here are the facts as we know them this hour. today, the fda revoked its emergency use approval for hydroxychloroquine, citing it is ineffective in treating covid-19. the fda had previously warned against treating patients with the drug outside of a hospital or clinical trial because of the potential for serious cardiac side effects. >> european countries are reopening to tourists today. the eu is lifting closures along internal borders. but americans are not yet welcome. because of the number and rate of infections in this country. meanwhile, new york's governor is warning restrictions could be put back in place in manhattan after big crowds were spotted outside restaurants in the city over the weekend not wearing

masks or social distancing. today, the governor put the responsibility for enforcement on local leaders. >> local governments are supposed to be enforcing compliance. compliance is hard. why? because people have been cooped up for a long time, and they want to do what they want to do. if they don't enforce compliance, you will see the numbers start to go up, and if the numbers start to go up, you're going to have to see that area take a step back. >> the governor's office says it received 25,000 complaints about groups ignoring safety protocols with most of them coming from manhattan and the hamptons. >> alabama is seeing a sharp rise in coronavirus cases. the state has seen four straight days of daily increases in infections. alabama's health department believes there could be a correlation between those cases and the crowded memorial day celebrations. none of that, though, seemed to

dissuade people from gathering on beaches along alabama's gulf coast this weekend. joining me now from montgomery is nbc news correspondent allison barber. so allison, what is it like down there? >> hey, katy. the beaches this weekend, they were busy, but for the most part, the people, the families, the groups we saw along those beaches, they were relatively spaced out on the sand. you had groups of people together, but they would be separated from some of the other groups who they had not come to the beach with. in restaurants, though, at the popular restaurant spots and places like mobile, alabama, all along the gulf, really, social distancing and face masks are a whole lot harder to find. >> when it comes to the restaurant business, it's practically impossible to keep your social distance. it's pretty much not even a second thought. you just walk right past somebody. and the waiters are usually wearing face masks, but you

know, they have to pull up their face masks to really get your order. it's pretty much null and void. they try to spread out the tables, but when you only have one or two entrances, it gets pretty condensed. >> so they're now close to 26,000 confirmed covid-19 cases. as you mentioned, there were four days of record-breaking increases in this state. sunday alone, there were over 1,000 new covid-19 cases reported. a lot of officials here, they tend to talk about personal responsibility, telling people it is their responsibility to put on face masks and social distance and also wash their hands. one thing worth mentioning, katy, testing here, they say they have increased testing. while testing is ongoing, they say they do not believe that is a factor in the overall increase of confirmed cases. ka katy. >> thank you very much. >> and nashville is delaying phase three of its reopening due to climbing cases of

coronavirus. that means bars, restaurants, and music venues will all have to wait before opening as planned. with me now from nashville is nbc news correspondent cal perry. so cal, from the protest beat back to the covid beat, what are you seeing down there? >> listen, what governor cuomo is saying is absolutely true and very applicable here in nashville. people want to get out, especially in a city like this one that relies on crowds, that relies on live music. so over the weekend, we had 14 establishments given fines by local authorities for breaking those phase-two rules, by being too crowded, by serving people at the bars. you talk to the owners and we did, they say it's ridiculous. how are they supposed to make a living with empty bars, with no music on stage? the issue is an increase in cases. 300 cases in 24 hours. 200 are likely old reported cases, but still, it has the authorities a little concerned we're seeing that trend go the wrong way. we had a chance to speak to the head of the coronavirus task

force here in nashville. he's urging patience. take a listen. >> we have been able to open up in a very reasonable phased manner, and we listen to best practices. we have expanded some of our phasing more than we initially thought because really smart people who know the industry came and gave us guidance around music and other things. and i think frankly, don't be selfish. don't make some assumption that, you know, it's not impacting your community. if we don't pay attention to things we have done to this point that's made us successful, then all our successes will be gone because of a few selfish people. >> and so that is the push and pull here, katy. it's back to the curve, and people want to make sure that curve is flattened before they fully open these bars and these honky-tonk establishments while people here and especially the tourists who have spent money to come here are walking around looking for open places, katy. >> use your common sense, i think is a lot of it. cal perry, thank you very much for joining us. still ahead, why we can no

longer blame a rapid rise in covid testing for the rapid rise in cases that we're seeing across the country. but first, new polling shows americans largely support the recent protests. and what could that mean for the november election? you're watching msnbc.

calls for police reform have grown even louder today following the death of another unarmed black man, and this

time, it was in atlanta. today, protesters gathered at the georgia state capital to demand justice in the killing of 27-year-old rayshard brooks. brooks was shot two times in the back by an atlanta policeman. his death has sparked a new wave of protests in that state. and that is in addition to the country-wide black lives matter protests that are still ongoing. on sunday, thousands, you can see the images right here, thousands upon thousands upon thousands gathered in brooklyn for a black transgender lives matter rally. and on saturday, activists gathered at the home of d.c. mayor muriel bowser, one of the common demands at many of these protests has been a call to defund the police. nbc correspondent jake ward is in san francisco where officials are announced sweeping reforms for their department. jake, what's happening? >> this is really the epicenter of some very serious thinking about how the future of policing

should look. the big question becomes, is defunding the police mean abolition of the police or just a big reform in the way the san francisco police department has announced just last week? the message echoes across america. defund the police. for some, that means abolishing law enforcement completely. for others, it means increasing oversight. even playgrounds in the u.s. have federal guidelines, but america's 18,000 independent police departments set their own course. jack studies racial bias in policing and is developing a national database of police stops and use of force. >> there's no set guidelines for how you construct a police force or what a police department can do. >> san francisco police chief william scott is a 30-year veteran who says he supports reform. >> last thursday, san francisco mayor london breed and chief scott announced a series of sweeping reforms. they include reducing the use of

military tactics and equipment. redirecting funding to community programs, and referring certain 911 calls to outside specialists like mental health professionals. >> we need a push right now, and we need what's happening right now to happen. we need the public to stand behind it and demand it. >> across the country, lawmakers are moving quickly. minneapolis's city council says it will dismantle and reinvent its department. new york state has announced new policies, but we need change at a national level. police should have to report their work to a central database. right now, reporting is voluntary. and independent databases have found official police data has underreported shootings by half. another proposal, limits on police unions. the contracts that they negotiate can allow officers to withhold video footage or confer with each other after a shooting before speaking with investigators. training for problems like bias must improve, as well as hiring mental health specialists or outsourcing those calls. at least one in four fatal

police shootings involve someone with a serious mental illness. glazer says that only an act of congress can get us the reform ewe'll need. >> in terms of a national understanding and a national accountability, that's going to have to be mandatory, and it's going to have to be at the federal level. >> america has spoken, the world has spoken that there needs to be changes in policing and we have to be open to that. >> katy, the thing to remember is that we live here in the united states where policing is federated. just because a change has taken place in a place like sfpd does not mean that's going to change even the next jurisdiction over. on sunday, we saw the three largest police unions in california announce what they say could be a national comprehensible reform package, and they and experts all say it's this kind of cohesive reform that's going to be absolutely necessary to make change happen. >> i think you make such a great point, jake, that has gone maybe not underreported but overlooked, is that there isn't a federal guideline for

policing. there are individual police departments, tens of thousands of them across the country, who all set their own policies, and that means that the use of force and when it is warranted can vary dramatically from city to city, and that's an important fact that you bring up. jake ward in san francisco, thank you so much for that illuminating package. we appreciate it. according to a recent "washington post" poll, americans overwhelmingly support the protests. 74% said they generally back them, including 53% of republicans. it is perhaps the first time there is widespread agreement that racism and the use of force by police is a problem. so how might that play out as voters prepare to go to the polls? joining me now is a man who knows the polls, cornell belcher. he served as a pollster for the obama/biden 2012 campaign and is an msnbc political analyst.

thank you for joining us for this. let's talk about the polls. the numbers are significant. how do you know if they are numbers and a sentiment that has staying power or if it's something that might be fleeting? >> well, that's the big question. and it's really about sort of the conversation that unfolds and the campaigns. i think it's clear to see when you look at the large number of americans who see racism as a problem right now, and look, you've got, you know, increasing majority of americans who say race relations is going to be a factor in their voting, and over 60% of voters under 35 say that race relations is going to be a factor in their voting, i think look, racism and division is going to be on the ballot in 2020. i think it's going to be just as large an issue on the ballot as health care, minimum wage, et cetera, because the energy of these young people are forcing it to be on the ballot, and you have the elected officials

reacting to it. and one of the things i think is really interesting in the data really quickly is, look, we have been asking ourselves, will this energy and the protests you see happening on the streets, will that energy, you know, translate into political action, to political involvement? there's some indications, if you look at early voting in georgia, before the protests started and after the protests started, there's early indications now that younger voters basically doubled their share of the voting population, of those voting in georgia after the protests started. so there's some energy and some indication this energy might translate to political participation, but it's still early. >> and listen, no matter what you might be seeing on television, if you have gone to any of these protests, you yourself will realize that the vast majority of them are

peaceful. and they're just marches. they're not confrontations, or they're certainly not rioting or looting, the vast majority. let me bring this to you. in most recent polls, white voters without a college degree back the president by 21 points. that's down from 31 points in march and april. and down from the 29-point lead mr. trump held in the final polls of registered voters in 2016. also in the most recent polls, white college graduates backed mr. biden by a 20-point margin, up four points since the spring. it's also an eight-point improvement for the democratic nominee since 2016, and a 26-point improvement since 2012. there are people who will say, hey, listen, i don't trust polls. look what happened to 2016. none of them were right. what do you make of these numbers? >> well, we should have a long conversation about the 2016 polling because they weren't necessarily wrong. i think our narrative was wrong. it was never a two-way horse

race, but that aside, look, p l polling picks up on trends. what the trend line currently shows, fairly clearly right now, is racism and division is a big issue for americans. and they're siding with democrats. i think a lot of democrats were concerned that, you know, the protests and all these issues would actually hurt them with middle of the road moderate white voters, but the opposite is happening. where you see so many of the young people in the streets aren't just african-american. they are the children of these middle american white parents, democrats are worried about turning off. when the president calls for his law and order and crackdowns on protests, i think it rings differently with these suburban white voters because it's their kids out there who are part of the protests. >> potentially. cornell belcher, interesting. thanks so much for joining us today. i won't debate you about 2016 polls.

i know i'll lose. thank you so much for being here with us. we appreciate it. coming up next, reopening backfire. why scientists say we can no longer blame more covid testing for the rise in cases we are seeing across the country. you're watching msnbc. it would be for me to discover all of these things that i found through ancestry. i discovered my great aunt ruth signed up as a nursing cadet for world war ii. you see this scanned-in, handwritten document. the most striking detail is her age. she was only 17. knowing that she saw this thing happening and was brave enough to get involved and do something- that was eye opening. find an honor your ancestors who served in world war ii. their stories live on at ancestry.

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quickly to the cloud... or the city government going digital to keep critical services running. you are creating the future-- on the fly. and we are helping you do it. vmware. realize what's possible. many states that are reopened are also seeing a spike in coronavirus cases. health officials in those states are now looking at data to see if any correlation exists between the timing of the reopenings and the current increase in new cases. joining me now is andy slavitt. he took a look at obviously this data. andy, make us smarter, what did you find? >> well, the good folks at the research who took a look at when states had their reopening and looked at the first half of june

and basically evaluated how fast cases were growing simply based on how long they were opened. we started categorize these into four categories. the ones who opened earliest and the earliest have seen the 30% growth rate and the tortoises have seen 26%. and i think that -- to tell us at least a little bit that this virus is going to get to where you are, that's how viruses work and we need to be prepared and cautious about how we're taking up precautions. >> andy, what about the cheetahs which we just saw in this graphic, the ones that opened up by may 22nd, only 7% increase in cases. >> yeah, that's right. it's seeming to take if you believe this data set, there's a

lot of da to look at, four to five weeks and then it starts to get pretty definitive, so lot of the states that you showed on the maps, in the red, were the rabbits or the cheetah categories. new york was listed in the third category rhino, because they opened up upstate new york earlier. the reason that looks a little bit better. >> you're looking -- >> yes. >> yeah, i was just going say, i want to know what you think of what we're seeing right now, yeah. >> well, look, the -- i think the vast majority of people are being safe. i think we do know that outdoor transmission is more unlikely, but people should be careful. i recognize people have been indoors for a long time and it's quite hard, but outdoor transmission is rare and you can

be outdoors safely, i worry about being -- more being about in bars like that. people on the east coast generally speaking have a much more cautious attitude than people in the west currently do if you were to show scenes over there and some of it is a failure of our imagination. in new york, connecticut, new jersey, you've lived through an awful experience. in arizona, you may not know anybody who has covid. so your attitude may be a little bit different. >> the health risks isn't as real to you. the president holding a rally inside a venue that holds many thousand people on saturday. >> well, i hope they pass out masks and require them, hand sanitizers and hopefully people will do that because they care about the community there, they care about the communities that their coming from and i'd love to see president trump come out

wearing a mask, even if he made a joke about it and told the supporters look, you know, it looks silly but i've got to do it. it's really what's going to be in people's best interests. better to do it at a outdoor venue. if you're going understand that you're signing a release, that release means you're a little bit of risk. >> he put on hard hat and make a joke about that at a west virginia rally. it was going mess up his hair and hairspray. i don't know. i don't know if he'll put on a mask, andy, he's pretty much refused to do up until now. andy, slavitt, thank you so much for joining us. i'll be back at 5:00 p.m. for "mtp daily." nicolle wallace picks up our coverage after a very quick break. stay with us.

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hi, everyone. i'm nicolle wallace. 3:00 p.m. here in the east. 12 noon out west. brian williams will be with us momentarily. but first, a look at some of the stories making headlines this hour. in atlanta, hundreds of people marched to the georgia state capitol to protest the deadly police shooting of an african-american man. the georgia naacp organized the march after 27-year-old rayshard brooks was shot and killed

friday night, as officers tried to arrest him on suspicion of driving under the influence. the march coincides with georgia lawmakers returning to work for the first time since the coronavirus pandemic began. advocates for gay and transgender rights scored a huge victory. justices ruled that title vii, also covers discrimination based on sexual orientation and gender identity. the trump administration argued that it did not. the 6-3 decision was written by justice neil gorsuch. the food drug and administration has pulled its emergency use authorization to use the drug hydroxychloroquine to treat coronavirus patients. saying the drug carries too many risks. president trump of course

promoted the drug as a treatment and says that he took it for two weeks as some sort of preventive measures. new worries about a second wave of coronavirus infections after newly two dozen states reported big spike in their number of cases. governor cuomo warnd that he could shut down new york city again as crowds like this formed in manhattan over the weekend. cities including nashville have temporarily paused their reopening plans. i'm joined by brian williams, in the interest of full disclosure had a few technical difficulties. hello there, friend. >> hello, we had to put the studio up on the lift and take a look at what was wrong with it and we fixed it about 60 seconds before air, so you and i have switched roles, another eventful weekend in our country.

most of it bad. as nicolle mentioned, the city of atlanta experiencing an outpouring of anger and rage over the shooting of rayshard brooks. nbc news, as we point out, can't vouch for what happens before the videos we're about to show you started rolling but the usual warning here, what we're about to show you, it has been on the air all weekend, may be disturbing nonetheless. it was friday night. officers responded to a call that a man was asleep in his car in the wendy's drive-through line. video provided by the atlanta police department shows an initial interaction between the officers and mr. brooks that was mostly calm and polite. police said that brooks failed a sobriety test and then as they went to place cuffs on him, that's when the trouble ensued.

eyewitness video shows an apparent struggle between brooks and the officers, investigators say that brooks then took a day her from one of the officers. surveillance video provided by the gbi, the georgia bureau of investigation appeared to show brooks turning and pointing the taser to the officers as he's running away. one of the officers takes out his weapon and fires. the autopsy showed that brooks was shot twice in the back. the medical examiner ruled a death to be a homicide. the officer who shot brooks was fired, the other officer on the scene is now administrative duty. the city's police chief has also resigned in the wake of this. the shooting as you know by now, sparked angry protests in atlanta. which also saw demonstrations in the wake of george floyd's death, of course, on saturday night, the wendy's

strive-through restaurant where brooks was shot and killed was lit and destroyed. brooks' widow and members of his family called for calm and justice for rayshard brooks during an emotional news conference just this morning. >> there's no justice that can ever make me feel happy about what's been done. i can never get my husband back, i can never get my best friend -- i can never tell my daughter he's coming. so -- it's going to be a long time before i heal. it's going to be a long time before this family heals. >> joining our conversation paul but already, former federal prosecutor who's now a georgetown university law professor. he's also the author of "choke hold," policing black men." and eli stokols.

paul, i want to start with you, everything that happens next will be covered by every one of us but none of it brings back a man who never should have been shot in the back by police, no matter what ensued, i mean, how do we -- and is this going to sound like a simple question -- but how do we translate what's happening in our streets into action that save people's lives before another family has to deliver a news conference like the one we saw at 11:00 a.m. this morning? >> it's such a crucial question, two bullets in the back for falling asleep at wendy's. this didn't have to have happen. the cops originally awoke mr. brooks and said just move your car to the parking lot. the encounter could have ended there. they decided to give a sobriety test. brooks said, if there's an issue i'll leave the car here, my

sister lives close by and i could have walked. the encounter could have been ended there. instead, we saw this scuffle and then the two bullets in the back, the cop says after he shoots mr. brooks i got him, like he was playing a video game. the point here is to learn from this experience so we're not here in another month talking about another black person shot by the cops. nicolle, the police frisked him so they knew he wasn't armed. they could have taken his keys or call for a helicopter, they didn't have to kill him. a new bill, when police use deadly force it has to be as a last option. if there's a nondeadly way to not kill someone that's what they should choose, it's common sense, but it's not the law now. >> eli stokols, real leadership

under intense scrutiny and under a city aflame, the police chief resigning, she had been in the streets with protesters for a lot of the last 17 days, and mayor bottoms, with some real personal and human moments in interviews yesterday, talking about how excruciating is for her personally and sort of trying to help her city heal, that stands in contrast to the president who's tweeting about his walk down the ramp and just law and order in all caps, did i miss something? >> no, you've been forgiven if you missed the president's reaction to the situation in atlanta, there hasn't been anything in the last couple of days on twitter. the tweets have been about the protests have been, you know, continuation of his efforts to try to brand all of the people

marching in the streets in all of the cities and towns across the country as radicals left antifa. places that haven't been touched by an incident like this yet, because as americans, everybody can see what's happening, can see these cases one after the next after the next, and people seem to want this addressed. more than two-thirds of americans according the most recent polling believe not just they support the protests, about 74% of the country support the protests but close to 70% believe there's a systemic problem with policing and that's just not reflected in what you're hearing from the president, he and his campaign, i think they know that this issue may not serve them all that well, they're trying to react to it with this law and order mantra. it's a different country than it was in 2016, already we're seeing that.

they don't have a good response and the president when he has been asked about this has continued again and again to come down on the side of d defending police officers, denying there may be a systemic problem with policing, systemic racism and trying to portray all of these incidents, continuing to portray them as isolated events. >> hey, paul butler, as opposed to this attorney general who gets his marching orders from this president, how would a justice department in normal times, say the doj you worked for, go about the work of making sure that falling asleep in the driver-up line at a wendy's didn't become a death sentence in america. >> they would do a civil rights investigation of the atlanta police department. we have a structural problem

here. this department a couple of weeks ago broke the window of a car, pulled two college students out and shot them with a taser, then two weeks later we see this man shot in the back for falling asleep at wendy's, so yes, there should be accountability for these individual officers but this department seems to have the warrior mentality that president obama's commission on putting 21st century -- too many law enforcement officers think of themselves as warriors, the better motto is guardianship and, brian, when the trumped a min installation came in they had a set of recommendations from the obama administration about how to make the police more effective, how to make policing more transparent and accountable, attorney general sessions, attorney general barr, they threw those recommendations

in the garbage can. >> eli, to your last point the fastest moving public issue of my adult lifetime was gay marriage, mostly because of the sheer math and reason of it, people couldn't hide anything -- people couldn't find anything to hide behind anymore but as you recite the polling on this, this issue is quickly becoming a close second in terms of the breadth and speed of public approval. >> yes, it's moved fooster than a lot of people anticipated, brian and that leaves the president sort of on an island in his own country, we were just seeing people move on, make america great again was a nod to nostalgia and sort of to a country that was more white and to the fears of people who were unsettled by a changing country. what we're seeing in terms of the polling, is a very fast

awakening to something to an issue that doesn't affect people personally affects people they know, affects the country more broadly and attitudes are changing, although the president's attitude is not changing, it doesn't seem, republicans are now talking to senator tim scott and others about some sort of police reform bill, but the president himself is not really articulating what he wants or doesn't want in that legislation. the president gave an interview to fox news a couple of days ago where he gave a really garbled, kind of hard to parse response to the question whether or not he supports banning chokeholds. he just doesn't really seem to be on very firm footing on this issue. nbc news did great reporting obviously the president saying to folks as he watched the

protesters those are not my voters, he reportedly said about the people in the streets. well, if the voters who oppose the protests as i just mentioned a moment ago, he's got about 26% of the country on his side on this issue. >> thanks to paul butler and eli stokols when we come back -- a landmark decision from the u.s. supreme court, 6-3 majority the court ruled that federal law protects lgbtq workers in this country, with justice neil gorsuch and president trump reschedules his rally in tulsa one full day. in the midst of a coronavirus spike, as is the entire sunbet. d save in more ways than one.

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as you perhaps heard a major victory for lgbtq advocates across this nation when the nation's highest court ruled that existing federal law forbids job discrimination based on sexual orientation. the court ruled that title vii of the 1964 civil rights act which prohibits employers from

discriminating based on sex, includes individual's sexual orientation and gender identity. less than half of u.s. states have enacted laws prohibiting this type of discrimination but federal ruling now expands those protections to members of the lgbtq community across our country. the ruling comes as a surprise from the increasingly conservative supreme court with two conservative judges, chief justice john roberts and justice neil gorsuch voting with their more liberal colleagues making it a a 6-3 decision. with us is congressman sean patrick maloney, democrat from the state of new york, congressman, thank goodness for our country, this is one of those cases where you don't need to be a constitutional lawyer or a supreme court justice to

understand the reasoning they used in this opinion, correct? >> yeah, that's right. but it's historic and unexpected, nonetheless. i'd say, you know, first, it's awesome. first, you know, millions of americans for the first time in our nation's history will have some recourse if they're unfairly discriminated against at work. right now, there are 29 states i believe that don't provide any recourse if you're fired for being gay, that changed today, that's amazing. the second thing is the approach. this is about reading the plain text of the statute and progressive scholars argued for a long time that we don't need to be afraid of the text. the text is often sweeping and expansive and inclusive of communities like mine. third point the authors, the fact that neil gorsuch wrote

this with justice roberts is really notable. i think that's a fair payback to mitch mcconnell who sat on the merrik garland and took that choice away from barack obama and gave it to donald trump and donald trump's choice offered this. i take some pleasure in this. justice roberts sometimes does this one for you and one for you thing, he'll issue a decision that makes progressive s happy and then pair it with something that's conservative. ta take back some of this protection this ruling offers. >> congressman, we have had most of our recent conversations about one of the saddest stories to hit our state the

coronavirus, and now i guess there's some hope in the size and scope of the demonstrations in new york state and new york city and all over the country. as you said, this is awesome. i was going to ask you to do that tea leaf reading that you just did. i want to pull off roberts and gorsuch and say, sometimes these can be irresponsible conversations to have on tv because we're just spitballing here, what does it tell you about the two of them in the context of this decision they voted with the more liberal justices? >> well, you know, i don't know. i suppose is the most honest answer. but there's pattern of justice roberts pairing progressive decisions with conservative ones and he has decided in the area of lgbtq equality to go with history, if nothing else. we saw that in the marriage decision and we see it today. but remember, sometimes things like upholding the aca, the

affordable care act is paired with gutting the voting rights act. i'm still on the lookout from that from the author of this opinion. for today, in a rough month so much bad news, i'm really excited. i'm actually emotional about it. it's amazing. it's really cool. >> yeah, and sometimes the people who need to hear it the most is young activists. . you tweeted today, our work is not done. sometimes the most momentum is created on the back of a victory, so what's your message for young activists who really are feeling hungry for a win like this? >> keep it up. if we had more high school kids in congress we would be a better country. >> i agree. >> every progressive country is

being -- we got black lives matter, climate, the me too movement, we got other social movements the parkland kids, think about it. the kids are all right and i think protesting works. and the reason lgbtq people have been successful because we have a built a coalition of so many straight allies, there's something in this for us, too, we're a better country if everybody gets a shot. that's exactly the same subject that we have been dealing with in the wake of george floyd. white people need to care that black people don't have it as good as we do. activism works. engagement works. it could be a long road. but days like this makes it worth it. >> congressman sean patrick maloney from the great state of

new york. thank you for your description for your analysis off the cuff and for your enthusiasm, all of it welcome. another break for us. when we return -- president trump moves his tulsa rally back as we said by an entire day, while health officials in tulsa in the midst of a spike in the coronavirus, are now worried justifiably about the health and safety of rallygoers, including but not limited to the president himself as new questions about his health emerge after a little trip he made to west point this weekend that overtook social media. all of that just ahead.

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this coming weekend may be the time the president unofficially puts all conference about coronavirus behind him. he will head to tulsa, oklahoma, for his first campaign rally in months despite objections from local health officials there while oklahoma has seen fewer cases of covid-19 than other states, the director of the tulsa city county health department suggested postponing the event. he told a local newspaper, quote, i'm concerned about our ability to protect anyone who attends a large, indoor event and i'm also concerned about our ability that the president stays safe as well. they're going undergoing a spike in cases right now.

the president's health was already called into question this past weekend. when he was seen on video cautiously walking down a ramp after delivering a commencement address at west point. in fairness, he's always had issues with descending stairs and ramps. the president also appeared to struggle to take a one-handed sip of water during the speech, as you can see he appeared to need both hands to reach the glass to his mouth and for the record, as a google image search will tell you, he often uses both hands to drink liquids. shortly afterward the president fired off a defensive tweet and said the ramp was steep and slippery and that's your update on the tone, tenor on social media over an entire summer weekend. joining our conversation, tim miller and adviser for republican voters against trump,