wang: that's exactly right, justice breyer. justice breyer: i'm not sure the ninth circuit said that. ms. wang: that's right. justice roberts: well, is that -- i mean, there's a difference between reasonable degree of immediacy and reasonable time. i don't see how immediate is immediate. you can't have a reasonable degree of immediacy. if it's an hour later, it's not immediate. now which are you arguing for, reasonable degree of immediacy, which strikes me as a very short time, or a reasonable time? reasonable time would depend, for example, on the resources that are available to the department of homeland security. it's not reasonable to -- if they don't have enough people to do it, if it takes a week, if it takes -- i don't know what's reasonable in this situation. a month? but a reasonable degree of immediacy is something else. that strikes me as a half hour or something, because, otherwise, it's not immediate. ms. wang: i think -- justice roberts: so which is it, reasonable degree of immediacy or reasonable time? ms. wang:

justice breyer: ok. so if we're supposed to go through the 200,000 or 100,000 or whatever they are, what are the different categories where it's tough, not so tough, in your opinion? ms. baumgartel: your honor, the question is not a matter of tough versus -- justice breyer: no, you see what i mean, categories where congress can delegate with an sec-type standard or the standard here in categories where congress has to be more specific. ms. baumgartel: the -- justice breyer: what in your opinion are the right categories? ms. baumgartel: the -- so the factors about sorna that are critical include the fact that it contemplates criminal sanctions. in touby, this court recognized that its precedents supported requiring greater guidance for the promulgation of regulations that contemplate criminal sanctions. justice kagan: but are -- isn't that all over the place we have confronted delegation challenges to civil regulations whose violation will result in criminal sanctions? so, i mean, there are numerous of th

but elsewhere it -- justice breyer: ok. so i take that it to mean if your client asks you, the lawyer, file a notice of appeal, you've got to do it. and if you don't do it, it's automatically prejudice. now, isn't -- and my question was, well, why isn't that exactly the same here? now, which part am i wrong? am i wrong that that's what flores-ortega says, or am i wrong that this is the same? mr. kedem: so flores-ortega certainly says what you're talking about but it also clarifies elsewhere that the type of appeal to which we're talking about is an appeal to which the defendant has a right which is to say a merits proceeding. if a defendant, for instance, asks to appeal to the wrong court, he wants to appeal to the ninth circuit rather than to an idaho state appellate court, no one would say that if his attorney declines to file that notice of appeal, knowing that it would just be tossed out without any consideration of the merits of his clamings, that the defendant has been prejudiced in the sense that -- that the sixth am

kneedler: no, no, no -- justice breyer: is very unlikely. mr. kneedler: yes. no, it's very unlikely. but here the restoration efforts are entirely in sync with the use of the land. i mean, there are uplands with trees. as i say, they could be thinned. it's not as if the -- not only does the conservation not have to happen immediately but the justice roberts: so would you -- mr. kneedler: but the restoration doesn't have to happen immediately. justice roberts: that's your requirement, the restoration has to be entirely in, what did you say, in sync or in -- mr. kneedler: in sync with -- i'm not saying that that is a hard-and-fast rule. i'm trying to explain why this one -- why it is reasonable in this case. justice roberts: ok. well, but i know. but the question and the reason for the hypothetical is it seems to me that if you permit the designation of something as critical habitat that cannot be occupied by the animal, because you think they can do something down the road that will cure the problem, whether it's cut the trees or do anything else, that you ough

for allison, which we see and a lot of justice breyer decision progress, -- decisions, and there is some doctrinal areas where you see the one case that marks a departure from the way a doctrine was understood, you often see lower courts trying to figure out how to account for that departure and make sense of it, and when you add to that the underlying resistance to the doctrine to begin with, we should be surprised to see the sort of things. >> about these recent opinions and one more general point, the recent opinions and i don't recall whose analysis it was, they said let's look at what breyer said, and we have to take into account, some of the things that was taken into account, whether or not it was in texas or specific or general scientific stuff, and the critique of the more recent opinions is that they reevaluate the nonstate specific information that was used in whole woman's health. that is different from saying that we take those general things to be established, but in doing the balancing, the state specific things come out differently with different outcomes. they chall

>> stephen breyer. >> that's correct. unfortunately for justice breyer at that time, the seat went to ruth bader ginsburg. the following year, president clinton would tap him for another vacancy. >>, when he, was a child which future justice and lifelong chicago cubs fan attended the 1932 world series game where babe ruth hit the famed "called shot" home run? >> and he has the scorecard in his office still. it is stevens. >> that's correct. he attended the 2016 world series and rooted for his beloved chicago cubs. >> presidents and justices. let's do a quick check of our score. [laughter] 8-7. it's a close game. all right. are you ready? in reference to chief justice earl warren and justice william brennan, which president said, "i made two mistakes as president, and both of them are sitting on the supreme court"? >> eisenhower. >> that is correct. point for team madison. >> ok. this one may or may not be apocryphal. which president said "john marshall has made his decision, now let him in force it" in -- him enforce it"?

breyer's question, i think we removed that complication. >> let me give you another example. let's say five years after his conviction, the defendant says to his attorney, i want to file a notice of appeal. and there is no jurisdictional defect because the timing of the notice of appeal in a criminal case is not jurisdictional. if the attorney declines because he knows there would be a new consideration of the merits -- >> again, i think that's evading the hype kret cotheticalhypothe. i'm talking about the right case at the right time and there is a statutory right. >> you also might have some good arguments, but chances are you don't. let's look at the anders briefs filed in those cases where there was no waiver. >> sure. none of those cases did he have a really good argument or the lawyer wouldn't have filed an anders brief. >> here's why we think it's different. you still know in an anders brief that if a notice of appeal is filed, there may be ideals on the merits. he'll still lose, but he was going to have his claim reviewed and it's going to hert. what ortega flores tel

that's what justice breyer is trying to aim at. maybe you could. >> you also might have some good arguments. the chances are you don't. let's look at the anderson briefs filed in those cases where there was no waiver. >> none of those cases did have a good argument or lawyer would not have filed an anders brief. >> the defendant just has that argument of the sort might get asserted in an and its brief. you still know if a notice of appeal is filed that will be reviewed on the merits. he may lose but he still going to have his claims reviewed and if the court of appeals disagrees it's going to firm pickets are going to dismiss the appeal which is what happened in the case of an appellate waiver. what flores-ortega tells us is we care about the type of air that would undermine our faith in the reliability of proceedings but if all you lost out on is an opportunity to have your claims tossed out without any review whatsoever flores-ortega does not tell us that that type of loss counts as prejudiced. >> do you think we can get anything

or compare the early '90s when when justice breyer and i were 1990's appointed. the 1980's, when justice scalia was appointed. the vote for justice scalia was unanimous, as the vote in favor of my confirmation was 96-3. that, despite the many years of my life when i was affiliated with the aclu. not a single question was asked about that affiliation in my hearing. what a difference that time was from what we are witnessing today. judge tatel: do you think the court itself, especially in the past few years with its growing number of 5-4 decisions that are often ideological, do you think that's contributing a bit to the polarization also of the confirmation process? justice ginsburg: it's true that last year there was something close to 35% of the decisions were 5-4 or 5-3. but look back just one year for that. only 15% of the decisions were 5-4. so we will see this term, shakes up. judge tatel: we shall see. so i want to completely change the subject for a minute here and ask about the increasing number of cases that require a high level of scientific and technolo

it was in the breyer committee report. and it should be -- yeah. final thing i will say here is to go back to the point that this is a citizen complaint procedure. and one of the things that should mean is that the rules should be user friendly. that is not a characterization that anybody would make today. and if you can do it on this round of revisions, i hope you will do it in the next one, because it is very important that the public understand how the rules work, what they say, what is required of the various actors, and how misconduct complaints are handled. thank you again for holding this hearing and for all of your work. i am happy to any questions about what i have said here or anything in my statement. >> professor hellman, thank you for coming here from pennsylvania and talking with us this morning. prior witnesses have said correctly in my view that instances of misconduct or disability in the district courts or the magistrate judge courts or the bankruptcy courts almost always first come to the attention of the chief district judge and

this brings me back to justice breyer's question. i don't think there can be a reasonable dispute as to whether the agent clause does it add additional entities into the category of employer and it is not just the below 20 thing. more fundamentally, it is agents that would not otherwise be covered. that is what the court noted in manhart and we explain in our brief, and there is also footnote one in the solicitor general's brief. that is just use one example. some are agents of employer, but not covered. bothered by exactly the same thing that justice alito said. that if we are not going to have numbers with be, we're not going to have numbers with a. does is make sure it is principles of agency. , knowwould i look to see they had another idea, they wanted agents covered who had fewer than 20 or 25 employees? >> justice breyer, i don't think you will find a sentence to that effect in legislative history. let me make clear on one thing, the 20 employee is the very beginning of their problems. the much bigger of their problem is an age

this brings us back to the question from justice breyer. i don't think there could be a reasonable dispute that the agent clause add entities into the category of employer. and is not just below 20. more fundamentally it is agents that would not otherwise be recovered -- covered by superior. this was noted in manhart and we explain in our brief in other cases at there's also a footnote that explains that some independent contractors -- for example, are agents of an employer but are not covered by responding. >> where do i look? i was bothered by the same thing. we are going to have these numbers with b we will not have numbers with a. your colleague says they wanted the numbers. all that a does is make sure that it is the principles of agency and he cites burlington. so, where would i look to see -- they had another idea. they wanted some agents covered with fewer than 2725 employees. >> justice breyer, i don't think you will find this. let me make it clear -- the 20 employee thing is just the beginning of the problem. the much bigger probl

that's right i'm joined by jim breyer, breyer capital.rea >> we've been talking about it the last few days. you've been to china about seven times this year. so you know it well. what are you hearing on the ground when it comes to rising tensions ahead of the g20 meeting this week? >> i think there's real apprehension about what a deal might look like. so i think that there are concerns people are hopeful that some trade deal becomes important both from a product and intellectual property standpoint as well as the tariffs but most of the people here and most of the people i talk to are more in the free trade camp. so there is concern. >> it's interesting to be here at a tech conference because it feels like tech companies are being used as a bargaining chip. what are you hearing from china versus in the u.s. are you hearing similar concerns >> well, i think big tech in the u.s. would like to see the china market more open, would like the ability to see them deliver products and compete with tencent and alibaba in particular but it remains

thank you, justice breyer, because i have a proposal. i think we'll address justice sotomayor's concern as well. if you look at the appendix, the fourth amended complaint, page 85 at the appendix on page 90, among the allegations is that only to rethink the full gas would be a viable alternative but we also say it after adequate discovery it turns out it might be possible, we just don't know, but it might be possible to alter a lethal injection protocol in the wake of was that affect constitutional standards. so if you vacate the judgment, if you remanded to the district court, in part because circumstances change, don't know whether this change circumstances will prevail at the time and execution is scheduled, but in part because circumstances have changed, if you vacate and remand, we cannot one look into the question of how the comparison invited in the circumstances would be to the unknown aspects of lethal gas but we can also figure out whether there are other ways to modify a lethal injection protocol that alleviate this grave conc

. >> you are answering justice breyer, yes, that all 300,000 of those, whatever the number is, of those delegations are wrong? >> no. that's absolutely not our position. >> so what distinguishes those, that delegation or those delegations from the example that justice alito gave? >> in each of the prior delegations that this court has upheld, there has actually been some standard in the delegation provision even if it was what the court might consider to be a broad area. >> is there a standard here? it's not the attorney general, it's the congress that defines what will require registration, where and when the individual is required to register and what information is necessary, and the penalty for failure to register, all that is specified by congress. we are not at liberty to proscribe when, where, how, all that is done by congress. >> but none of those very detailed provisions of sorna that congress set forth apply to pre-act offenders. the attorney general was given the power both to decide whether the law applied to pre-act offenders and then how it should apply. >> that goes back

it was justice breyer who raised the objection, the objection of the majority. justice sotomayor has recently recanted. that was not exactly a commercial advertising case. you can imagine that kind of objection has nothing to do with janis or the abortion clinic regulations, which they are not being regulated as businesses. they are clearly nonprofits generally speaking operating by providing basically health services. whatever the objection is there it isn't that. another objection is in janice this is upsetting the relationship between labor and management as if it were hammered out by legislatures. again, that has been the history of the first amendment labor laws. often incorrectly upheld restrictions on speech. ever since the late 1930's the court has been saying the first amendment does impose restraints in the labor law area. i actually think janice is wrong. decisionhe unanimous was wrong. there should be no problem with compelling people to contribute or the sierras club or nra or anything else. i think that is often a bad idea, but setting aside maybe

. >> i have a proposal thank you justice breyer to address justice soto mayor's concern as well for the complaint page 85 of the appendix and page 90 among the allegations of the complaint not only do we think lethal gas is viable but we also say if after adequate discovery it turns out it might be possible to alter the lethal injection protocol so if you vacate the judgment we made it to the district court in part circumstances have changed. we don't know if they will prevail at the time the execution is scheduled but the car loan - - in part because they have then we can go back and not only look into the question of the comparison in light of any new circumstances would be to those unknown aspects but also figure out if there are other ways to modify a lethal injection protocol to alleviate this grave concern. >> what is your basis to argue there is a shorter period with lethal gas? . >> you are relying on the doctor's testimony for that? . >> no. just to be clear the way i understand it the issue is not that there is a shorter "twilight". but the degree of suffering that takes place

will adjourn, and i'd like to adjourn this meeting in honor of three deceased firefighters: lynette breyer, sid diamond, and matt plescia. this meeting is adjourned in their honor. thank you. as latinos we are unified in some ways and incredibly diverse in others and this exhibit really is an exploration of nuance in how we present those ideas. ♪ our debts are not for sale. >> a piece about sanctuary and how his whole family served in the army and it's a long family tradition and these people that look at us as foreigners, we have been here and we are part of america, you know, and we had to reinforce that. i have been cure rating here for about 18 year. we started with a table top, candle, flower es, and a picture and people reacted to that like it was the monna lisa. >> the most important tradition as it relates to the show is idea of making offering. in traditional mexican alters, you see food, candy, drinks, cigarettes, the things that the person that the offerings where being made to can take with them into the next word, the next life. >> keeps u.s us connects to the people who have

prayers i don't want thoughts i want gun control and i hope to god nobody you know offends me anymore breyer's i want control no more. think you it has become a familiar pattern each and every time americans are killed in mass by an armed man the politics break down into two camps for republicans it is about mental health the shooter was trained to be an excellent shot by the u.s. marines he served in afghanistan well he was a war veteran he was a marine he was in the war he served time in pretty bad things and a lot of people say he has the p.c.'s the. tough feel for democrats it's about guns this is a. kind of change. this doesn't happen anywhere else on planet earth. and we can't let folks forget that you can't lose sight of that can allow this to be normalized it's been a constant conversation with little action while the republicans controlled all branches of government that changes in january and the likely house leader nancy pelosi put out a statement promising house democrats will fight to pass bipartisan commonsense solutions to prevent gun violence in communities across the country a

yeah i would hold your breath but i'm not sure of the breyer line i'm not going to hold my breath i am going to go to break so as we're going to break mark wadsworth don't forget to let us know where you're going to with opposite governor on facebook and twitter and see our poll shows at our teeth dot com coming up we're joined by the great media and legal analyst lionel to discuss the new great gilded age of governments grant two billion dollars in subsidies to the world's richest man jeff bezos so stay tuned to watch in the office. of the systems to submit wolf. i feel for sunday and this is their. role is going to say the boy understands with the must be so it will be. this is need with the folks who. got a fellow up on the shuttle bus now i wish i could. sit. and. look a scenic i know and that could be a bios to look at them out on the funniest diplo it's most homes most of the show such as the flu it's almost a. moon neutral and you must. move. hillary clinton is a war monger and the democrats are easily conned into spending trillions of dollars and the defense industry and why th

will adjourn, and i'd like to adjourn this meeting in honor of three deceased firefighters: lynette breyer, sid diamond, and matt plescia. this meeting is adjourned in their honor. thank you. shop and dine in the 49 promotes local businesses and challenges residents to do their shopping and dining within the 49 square miles of san francisco. by supporting local services within our neighborhoods, we help san francisco remain unique, successful, and vibrant. so where will you shop and dine in the 49? >> my name is ray behr. i am the owner of chief plus. it's a destination specialty foods store, and it's also a corner grocery store, as well. we call it cheese plus because there's a lot of additions in addition to cheese here. from fresh flowers, to wine, past a, chocolate, our dining area and espresso bar. you can have a casual meeting if you want to. it's a real community gathering place. what makes little polk unique, i think, first of all, it's a great pedestrian street. there's people out and about all day, meeting this neighbor and coming out and supporting the businesses. the businesses

yeah i would hold your breath but i'm not sure of the breyer line i'm not going to hold my breath i am going to go to break so as we're going to break mark rogers don't forget to let us know where you're going to topics are covered on facebook and twitter and see our poll shows at our teeth dot com coming up we're joined by the great media and legal analyst lionel to discuss the great gilded age of governments grant two billion dollars in subsidies to be world's richest man jeff bezos so stay tuned to watch in the office. with the symptoms to sleep well. my look for sunday and this is their. roles going to say they support the business with the must be so it looks. this is neat with the folks who. got a fellow on the shelf us now i wish i could. see. the case in that book i know and that could be a bios to look at the model you punish to blow it's most of its homes most of the show such as the flu it's almost a. move to when you must. live. so what we've got to do is identify the threats that we have it's crazy. let it be an arms race. spearing dramatic development it only really exist

adjourn this meeting in honor of three deceased firefighters: lynette breyer, sid diamond, and matt plescia. this meeting is adjourned in their honor. thank you. (gavel) >> chair: good afternoon and welcome to the regularly scheduled meeting of the san francisco ethics commission. thank you all to the public for braving the smoke-pocalypse to join us today. call roll (roll call) >>agenda item two, public comment on items appearing or not appearing on the agenda. >>good after noon. i'll catch my breath. my name is ellen lee jao. i have been working for the city as a public social worker for more than ten years. i am also an union delegate for public employees. i have been trying to practice good government practices and i was joined by the civic grand jury. i have a civic grand jury for two terms. and i am the director of public relations for the current california civic grand jury. the last time i came here to speak to you was in july 20th, 20 18. i report to you about government corruption, and i report to you about bribery, extortion, about public employees. today, i am here to report to

to jump on board to a world that yeah i would hold your breath but i'm not sure of the breyer line i'm not going to hold my breath i am going to go to break. we're going to break hard rogers don't forget to let us know what your pick of the topics are covered on facebook and twitter and see your poll shows at our teeth dot com coming up we're joined by the great media and legal analyst lionel to discuss the great gilded age of governments grant two billion dollars in subsidies to the world's richest man jeff bezos so stay tuned to watch the whole. i would put up just a couple to sleep fulfill. my milk or something. rolls going to say the course of business with the most is still a couple. this is new with. a lot of fellows a lot of help us out all the time. and . i'm. going to see that like i know it but nobody else will look at the money funniest diplo it's almost the same tone from all the shows just the flu it's almost a. new one you must. join me every thursday on the alex simon chill and i'll be speaking to guest of the world of politics sport lessness i'm showbusiness i'll see th

that's certainly a growing momentum behind this referendum really not so many months ago stephen breyer and inside palm and on the subarea they were alone voices now there is really momentum behind the campaign the complaint is growing there are also businesses who come out for a second referendum and the thinking is that if m.p.'s in parliament cannot resolve this issue if it's the deal will be rejected by parliament then what happens then a second referendum might become the choice even for tourism a you so far ruling out a second referendum but maybe she will be forced to do it maybe you should be forced if she doesn't want a general election or a change of leadership in the whole country so their thinking is it might be inevitable and they definitely have growing hope that this can happen theresa may certainly has been under pressure from all sides beckett what are the next steps for her. well first of all there is hope that this deal will go through in brussels it will be a big problem if over gibraltar this deal would this summit was called that over the weekend as you know has be

predators i don't want thoughts i want gun control and i hope to god nobody you know films me anymore breyer's i want them control no more. period q it has become a familiar pattern each and every time americans are killed in mass by an armed man the politics break down into two camps for republicans it is about mental health the shooter was trained to be an excellent shot by the us marines he served in afghanistan well he was a war veteran he was a marine he was in the war service so i mean it's a pretty bad thing and a lot of people say the the the the. it's a tough deal for democrats it's about guns this isn't the kind of change this doesn't happen anywhere else on planet earth. and we can't let folks forget that you can't lose sight of that can allow this to be normalized it's been a constant conversation with little action while the republicans controlled all branches of government that changes in january and the likely house leader nancy pelosi put out a statement promising house democrats will fight to pass bipartisan commonsense solutions to prevent gun violence in communities across t

united states embassy in mexico city john cramer and assistant secretary of state kimberly breyer. lastly this morning within the sadness of three u.s. service members were killed and three wounded when an explosive device detonated in afghanistan. the wounded service members were evacuated and are receiving medical care. we extend our thoughts and prayers to the loved ones of those killed and those recovering to the united states is grateful for their service and forever indebted their sacrifice. what.com i'll take your questions. >> paul manafort met with trillion assigned to run the time he was coming on board to the tram campaign. do you remain confident in the white house the white house repeated denial no campaign officials were involved in discussions about plan -- [inaudible] >> certainly remain confident in the white house assertion that the president was involved in no wrongdoing, was not part of any collusion. the things that have to deal with mr. manafort. >> the president said this morning that robert mueller is ruining people's lives. is he considering paul manafort o

he clerked on the supreme court for sandra day o'connor and justin stephen breyer. and the wilson cromwell prize he was a distinguished publication record in the leading law reviews and written extensively for lay audiences including pieces in "the slate", "the washington post," the "the new republic" where he was a contributing editor. he served on the board for the constitution society, a counter wait to the federalist society. his work has been cited in many popular publications including the new york times, the new york times magazine, usa today, "the washington post," and los angeles times. driver has already received a master's degree in education from duke and this i was most excited about, he has taught civ civics to students. please welcome them. [applause] so will you do share with the audience the core argument you present in your respective pieces. what led you to these projects and why do you think they're important in this con temp ray moment. if your background speaks to how you got to those pieces as well. please elaborate. >> thank you. so, the core

karen nce, sec retire kirten neilson, diplomat john kramer and assistant secretary of state kimberly breyer. lastly this morning we learned the sad news that three u.s. servicemens were killed and three wounded when an explosive device detonated in afghanistan. the wounded service members were evacuated and are receiving medical care. we extend our thoughs and priors to those -- to the family of those killed and those recovering. we appreciate their sacrifice. >> it was reported today that manafort met with julian asang. i wonder if you know if the meeting took place and if you remain confident in the white house's repeated denials no campaign officials were involved in discussions. sarah: we are confident in the white house's assertion that the president wouds involved in no wrongdoing, was not part of any collusion, the things that have to do with mr. manafort, i refer you to his attorneys to address that. >> given that the president said this morning that robert mueller is ruining people's lifes, is he considering a pardon for paul manafort or for others who have been prosecuted? sarah:

justice breyer, justice kagan. brian: what was your relationship with justice alito? mr.erhardt: i have never met justice alito. he became highly recommended at the time. bush nominated him and the senate confirmed him. he is sitting on the supreme court today. i was called in by the senate at that point, by the senate to defend a different proposition. that was a proposition that the senate was entitled to take people's ideology into account an exercise an independent voice on supreme court nominations. i came in and defended that because some of the push at the was that they should defer to what the president has done. i felt the senate was entitled to have an independent voice. brian: who is your primary contact in the senate that you advised? mr. gerhardt: there have been several. to advisefortunate more than one. brian: do they pay you or du do it out of the goodness of your heart? mr. gerhardt: i have sometimes been brought in technically on the staff where i get paid and try to honor that role arrangement -- honor that arrangement. it just depends. brian: how invol

months after it was received. 94% of republicans voted for ruth bader ginsburg. 74% voted for stephen breyer. harry reid intruded into the process and we had 50% of democrats vote for roberts and 10% vote for alito. >> merrick garland. karl: oh, fine. my point is this. both parties are now at each other's throats. the publicans better not aid the procedures of the democrats because it is our country that is being trashed by this area i do not care if you are republican or democrat. this process stinks. brett kavanaugh, whom we all know, brilliant, great integrity and he chose a life of public service rather than to cash in at some big law firm. how many people will say yes, i will subject myself to this kind of abuse are you he has undergone seven fbi investigations and not a single hint of this kind of crap. if anybody thinks that the things that we have on the table now are the only three by the end of the next week when the fbi investigation is over, you're kidding yourself. more trash will be coming out of the ether. >> we all went through fbi checks to get in the white house. they call

writing,is is done in or i might see justice breyer and say i'm going to make a suggestion about partopinion. it seems to me you could not emphasize this part so much. then i would write to a memo to him. david: do the justices socialize with each other, or not so much? justice kennedy: not so much because of workload. we are careful. if we see each other at a social event or dinner, it is not polite to go off in a corner and talk about something. [laughter] justice kennedy: so if we see weh other, we try -- but, have dinners together and lunches together. we have lunch together when we are sitting. famous 5-4of your decisions with citizens united. justice kennedy: it is true there is a problem of money in politics. i think we have to address it in some other way. the voters see money coming in from a wrong source, they should be disclosing it. they can vote against the candidate if they don't like it. ♪ ♪ your term on the court, you wrote over 300 majority opinions, but 92 majority opinions that were 5-4. justice kennedy: really? [laughter] david: that's right. 92. let's talk about s

breyer is 79. a chance donald trump is a two-term president.pportunity to nominate more justices to the bench. what are the chances of next two justices he nominates, also being accused of sexual assault? are people going to believe that donald trump is stacking the deck with rapists on the court? is that really -- three justices in a row will be accused of sexual assault by democrats. it boggles my mind but you know what? it looks like that's a possibility with the way things are going. and how desperate democrats are to keep the bench from moving. >> i think if they find any of these people guilt they go away for 10 years. 10 years. >> law and order. >> up next, a look at some of the best and worst campaign ads for the midterms. when "the five" returns.♪ ♪ [music] from the very beginning, it was always our singular focus, a distinct determination to do whatever it takes, and use every possible resource to fight cancer, and never lose sight of the patients we're fighting for. our cancer treatment specialists share the same vision: experts from

we'll have a live interview with jim breyer becky will love this interview it's wednesday, november 28wk box" begins rite now ♪ >>> live from new york where business never sleeps, this is "squawk box. >>> good morning welcome to "squawk box" here on cnbc we are live from the nasdaq market site in times square. i'm becky quick along with joe kernen and andrew ross sorkin. our best host is j.j. kinahan from td ameritrade thank you for being here >> my pleasure. >>> things are indicated up with the dow futures up by 89 points. s&p futures indicated up by 9. the nasdaq up by 34. at this point, you are looking at the potential for stocks to erase their declines that they've seen for november. already you have the s&p 500 and the nasdaq back in positive territory for 2018 with the gains

they all worked for the election of republican presidents, breyer to donald trump getting that nominationear those people talking, are they speaking to you? is that your experience as a voter? >> they're speaking with me. >> with you. that is my experience. right now, the majority party in the house and senate are not fulfilling their oath of office, they are not acting as a check and balance. we must replace with those who will. >> there's another line that you have in your piece, where you say, all leaders must take responsibility and have moral compass grounded in competence, integrity and concern for the greater good. the moral compass seems to be absent. i can't find it, when i look at the republican leadership in washington now. >> if it is there, they're not listening to it, they're not looking at it. >> what do you think, if you could have a moment with the president of the united states, if you could have a minute with him, what would you want to tell him about the way he does his job? >> i don't think he's either capable or willing to change. i think he is remarkably incurious a

the plan for humans to inhabit mars, on november 13 a headliner's book event with joanna breyer. a newsmaker event on impeachment and indictment of the 25th amendment. you don't have to show up for that one. the tradition we have here is to present our speakers with a gift well under your gift limits. don't worry about it at all. our traditional national press club mug. >> did you give more in the 60's, 70's and 80's? >> there are strict gift limits. >> peter o'toole got all sorts of stuff. >> if you come back we will give you another one. i understand that you are a big fan of william faulkner. i'm wondering if you could tell which of his works best tells about the situation we're in now and why is it the sound and the theory? or inause it is intruder in the dust, that's why. let me do this fast, i was a guest at roanoke at oxford last friday, roanoke is the home of william faulkner. falcon had a long relationship with members of my family and that is why i was invited. and if you have not, i would like for you all to take a it online you can do and listen to one of the greatest

stephen breyer trails behind her by five years. both were appointed to the bench by president clinton. ginsburg is well known for taking pride in her physical thickness. she exercises with a personal trainer offer often and has no plans to retire anytime soon. as for president trump it's no secret he would like a third chance to test the fill a vacancy. >> she is a disgrace to the supreme court. for her to politicize the supreme court, to come out and see the kind of things -- there's almost something wrong with her. >> the appointments of justices gorsuch and kavanaugh have been winning issues for the president. they have bolstered his base and will undoubtedly help solidify his legacy. >> bret: thank you. up next, the suspension of the white house reporters credential has caused an uproar on all sides. we will explain. here's what some of our fox affiliates run the country covering tonight. fox 29 philadelphia, pennsylvania's roman catholic diocese announced details about victim compensation funds nearly three months after a swee