justice alito: no. well, tam involved the expression of an idea, and -- and so there was viewpoint discrimination. mr. sommer: well, because of your decision in tam, the -- the provision in the whole is invalid. and so all those racial slurs are coming in. justice breyer: so what exactly is the harm to the first amendment speech interest here? i mean, this is, after all, simply not forbidding use of any word in any place, butou put a little r next to it. it doesn't stop you. the registration, non-registration makes it more difficult for you later to prove a trademark case, a trademark case being about the source of a product, not about speech. so what precisely is the harm? i'm not saying there isn't one. i just want to get your words of what the harm to the interests, the first amendment interest, is. mr. sommer: because people who want to -- like mr. brunetti, who want to have a somewhat undefined viewpoint, or people with a more defined viewpoint, like in the cancer and the racism case, they have a v

ho: yes, justice alito. justice alito: okay. and so then this is territory that we've -- we've covered, but, if the secretary is told here's the error rate that we can expect for those who answer the citizenship question, and on the other hand, we have this model and we can't tell you how accurate it is, but trust us, it's going to be better, is it arbitrary and capricious for the secretary to say, i don't want to go with this model because i don't know what the accuracy of that is? mr. ho: justice alito, respectfully, i think the census bureau said a little bit more than trust us. what the census bureau said was we can develop a highly accurate model better than getting the question wrong one-third of the time, which is what -- justice alito: yeah, well, they said, in our opinion, this would be better, but they can't quantify it. they -- they don't provide a specific number; they don't even provide a range. am i right on that? mr. ho: they do say that it would be more accurate than responses to the citizenship question, which t

and i would say, for better or for worse, samuel alito came with an agenda. i think samuel alito approaches the law with clear-cut ideas about how to read a statute, how to read the constitution, and he bases it on precedents to be sure. but he, as opposed to retired justice anthony kennedy, has a very consistent outlook that is ideological. and for better or for worse. i am not using the word ideological is necessarily negative. brian: if you were republican and had been either eisenhower, or name your president, and you had william brennan, then you got john paul stevens, then you souter, would you tighten things up if you were a republican and you saw what they did on the court? joan: there are many strains to republicanism. i would say that is what happened. george h.w. bush did that. georges w. bush did that. and certainly donald trump has done that. here is something else that has changed since the year of eisenhower. it is the role of the federalist society. it is not just the president and his men and women making those choices. they have very strong

>> justice alito, i'm sure that the court would find those de minimis exception. there's no doubt about that. so where this court would draw that line i don't know. what i can tell you and i'm sure you know this, but from this court said in the wisconsin case, a question there was cody statistical adjustment be made, this court set the standard of what actual enumeration means and this as a reasonable relationship to the accomplishment of an actual enumeration. this discussion about the importance of voting rights data obviously does not bear a reasonable relationship to the accomplishment of an actual -- >> i'm sure you're giving this some thought, i know you have. in terms of assessing what a reasonable relationship is, what do we do with the history and the fact that this question has been on for what an long time was the only form in the census through almost all of our history, and it continues to be asked today in the long form or in the acs. it's not like this question or anybody in the room for suggesting the question is improper to ask in some way, shape,

purpose of defeating justice alito but it was not successful. a number of circuit judges were stopped. we fast forward into the obama years, and we used -- our side used the filibuster twice to defeat two circuit judges over a period of five and a half years. majority leader harry reid decided in his zeal to pack the d.c. circuit, that this had gone on long enough. and so in 2013, in november i believe it was, the nuclear option was employed. the threshold was lowered to 51 for everybody on the executive calendar, except the supreme court. the d.c. circuit court judges were confirmed. and i said at the time i didn't like the way it was done. and i thought maybe the other side would rue the day they did it. amazingly enough, about a year and a half later i'm the majority leader. funny how these things change, isn't it? and a number of my members came up and said why don't we change it back? and i said look, i don't think we liked the way they did it but this is the way the executive calendar was handled for 200 years until senator schumer and his

i would say, for better or for worse, samuel alito came with an agenda. think he approaches a law with clear-cut ideas about how to read a statute, how to read a constitution, and he bases it on precedents to be sure. he, as opposed to retired justice anthony kennedy, has a very consistent outlook that is ideological. for better or for worse. i am not using the word ideological as negative. brian: if you were republican and had been either eisenhower, or name your president, and you had william brennan, then you had john paul stevens, than you had david souter, when you tighten things up if you were republicans and he saw what they did on the court? joan: there are many strains to republicanism. i would say that is what happened. rich h dubya bush pushed it back, george w. bush did that and certainly donald trump. -- george h w bush did that, george w. bush did that and certainly donald trump. they have very strong outside advisement will handle a lot of vetting. brett kavanaugh and neil gorsuch were heavily vetted. more so than john roberts. john roberts

citizens from tax in different parts of the country right i mean he has what about alito who has been praised for reforms among them appoints a cabinet comprise fifty percent of women itself his critics are now saying that he is running a one man show. that's a legitimate question definitely but there are some signs within the government to give the assignment to different government institutions for example as you know the first chief justice is assigned to the head justice sector and she's responsible in reforming the sector so it's all that if they conflict as well in this country it's been rife and the prime minister of the ask meds does he have a concrete pad to tackle this issue that quite frankly has a long play if he didn't decide to change it within the last one year but the still there are tensions in different parts of the country for example in part of the region in some of the region there are still conflict is within different it in the kleins there is a tension between the armada and to great regions in the north. his government came up with a commission which we. studi

he was samuel alito, now justice alito. i became sam's first assistant.y interesting cases, including the mayor of jersey city who was convicted of bank fraud and some other cases. when he went up to the court of appeals in 1990 as the first , sostant, i succeeded him that must have made me about 37 years old. david: what would the current hertoff tell that new michael chertoff? >> enjoy this because it is the best job you will ever have. it was the first job where there was a significant public dimension where you announced cases, where you had controversies. we had the infamous kidnapping of the exxon executive who was killed when some of his security people actually kidnapped him and locked him in a storage shed. maybe the most controversial was the chief judge of the state of new york, who was convicted of threatening his girlfriend in order to manipulate or into reinvigorating their relationship. he wound up pleading guilty. that was a very visible case. that were in new york shocked and not happy we were prosecuting him, that i had a very clear view

justice alito asked for that case to be filed on the bench. he said send me this case, please, i want to overturn a 40 year precedent. no reason, nothing had changed, he just overturn the president. he thought it would be the death blow for unions. fromve converted a bunch fee payers, those that pay up fee and were are two to actually pull members. when he made the decision in the federal sector became ready -- right to work, they thought we would lose membership. we actually didn't. because wemembership had talks and continue to talk with our members. they understand the power of it, they understand that that decision was intended to weaken them and their voice on the job and they said no to it. >> why do you think it is in southern state or border states, there are less union memberships than in northern states? is that for some reason you can articulate? that i wantedote to give because i sort of figured you were going to ask me that. we discourage any companies that have unions from wanting to come to south carolina because we taste the wa

and a friend of mine who was then a clerking for justice alito, she reached out to me and said, you have to apply to clerk for justice thomas because i think you will be a great fit. and it was not the first person. i had a co-clerk with judge scanlon who went on to clerk for justice scalia who said, you have a thomas clerk written all over you. mr. gash: why do you think that is? what is it about you? [laughter] brittney: i think it was just -- they said i had a very firm view of what the law was. and i stuck to it, even if it was not the most popular view of the majority of people. and i went to interview with the justice and i was sitting with him in his chambers. he asked me about my family. i told him about my mom. he said, i work my clerks really hard. but the one thing about when you clerk for me, you are representing those people like your mom, your dad, the people who never get a chance to come up here and clerk for the court, but they need someone to give them a voice. and do all of that hard work for them. and i was like, this is the person i want to clerk for. and this is whe

roberts justice clarence thomas senator alito brett kavanaugh you know basically also a very positive servant of all the conservative judges dissenting you had sort of my or kagan is just a good burger. who has continued to and justice breyer was also as well i'm outside so you know that's basically wow this kind of shape but it's interesting when you look at you know the arguments that this is because of the big argument is was this torture was this an exciting extraneous amount of torture that was put on this guy right so right and one of the issues is that this wasn't this wasn't a. case about sort of the broader issues of the use of lethal injection and it wasn't even a broader issue of just lethal injection and it's specific or the death penalty although if you watch the show you know it's like no we should be really having this conversation my god my and what a lot of our opinions is this is just silly to begin with we shouldn't it's just so cruel and barbaric but what it's doing is it's challenging the methods in relation to that exit particular prisoner. as sort of my you are

for a wreck or fifth time israeli prime minister palestinians have already expressed concern that alito lead to father's rights violations in the occupied west bank. the british prime minister readies her plea for another extension to break that same brussels as the clock ticks down towards friday's no deal deadline. and will soar islam's full rewriting history as it continues to reject russia's involvement in a memorial project to form a nazi death camp in poland.

a friend of mine who was then clerking for justice alito, a former -- she reached out to me and said, you have to you have -- you have to apply for justice thomas because i think you will be a great fit. person --the first justice scanlon went on to start with -- you have thomas clerk written all over you. >> will do you think that is? what is it? [speaking simultaneously] justany: i think it was they said that it was i had a what the laww of was, and i stuck to it even if it wasn't the most popular view. really, i went to interview with the justice and was sitting with him in his chambers and he asked me about my family and told about my mom. i said -- he said i work my clerks really hard but one thing about when you work for me is you are representing those people like your mom, jordana, those people who never get chance to come up here. i need someone to give them a voice and you do all of that hard work for them. i was like this is the person i want to clerk for. this was the mission of the university really. jus. thomas: actually hired me. brittany: [laughter] >> you hired well,

military cultural and others joining us on from on this is morning rabbani who is the coeditor of judge alito an online magazine specializing on the contemporary middle east he's live from washington thank you so much for being with us so this isn't the egyptian president second visit to the white house since twenty fourteen any gyptian officials have been hailing this meeting with john as a high you mock for a new iraq relations between the two countries how do you think this is going to play out back in egypt the fact that donald trump just praised president abdel fatah what do you make of this. well and as opening remarks president sisi also refer to what he characterized as a quantum leap in egyptian american relations and i think this is an important visit for sisi for several reasons the first is as you know he's now changing the egyptian constitution so that he can essentially service president for life in egypt and to show visible american support for the constitutional amendment will i think help him in order to push that through in egypt in the egyptian parliament as with many middl

. >> dana: we saw what his views were when he was in the senate and samuel alito was there. he probably thinks he deserves an apology, too. >> if this. >> bob: -- if this becomes an apology tour, joe biden will not win. he needs to look forward and unify the party. i thought testify interesting on "the view" joe biden was semiapologizing. he wasn't say he owed her an apology, but he apologized for the way the whole clarence thomas hearings were handled. i don't know that that was a good look. i think you have to not get stuck in this mud. either apologize or get out of it. >> dana: we can talk all about that. the people that donated to his campaign, they must like what you see. $6.3 million raised in the first 24 hours raised. 97% of those under $200. we'll listen to your podcast. i already did this morning. here's a live look at times square, the east coast. we're getting soaked. it's a different story across the nation. some cities bracing for 100 degree temperature. others expecting snow. we had to bring in our chief meteorologist. he's tracking all of this for us because

we saw chief justice john roberts and alito and gorsuch, they all seemed to be asking questions thatathetic here to the government's position. and brett kavanaugh, the newest justice on the supreme court, he said at one point that he thought that the secretary of commerce wilber ross had broad discretion in this area and kavanaugh said, look, other countries do this. but in contrast, the liberals on the supreme court, they were angry today and they pounced on the government for its arguments, particularly justice sonio sotomayor and justice kagen and they didn't see any justification, proper justification for adding the question. they said they think it will hurt turnout and the administration hadn't done this -- the proper way. and of course it goes to the heart of political representation, this question. because the census, the data that is derived from the census goes to the allocation of congressional seats, millions of dollars of federal funds and that is what is at play here. the group of states who brought this said, look, it is going to hurt political representation, particul

, california, new york, texas may lose seats, latinos will be disempowered, and the justices, like alito of this question that causes them not to respond to the census, and briar says what is it, the presence of dogs or cats in their home? i wonder if nina knows the justices better than they know it themselves, could this be one of the cases when roberts, even though he's ideologically with the administration, says i don't want the court to be disgraced and look like it's being so political. >> nina, last word on that. what do you say? >> never say never, but i'd be surprised, let answer put it that way. >> nina, thank you for joining us. were you at the correspondents dinner last night? >> me? >> yes. >> no. >> i want to shed light n 2016 it was a different day. i was up late watching c-span, you were on the red carpet interviewed by c-span, one of my favorite quotations, squd what you were wearing and you said "something that can take a lot of wear and tear." i'm pretty sure that was chanel. >> it wasn't chanel. i work for public radio! >> i should say administration official and 2020

and justice alito mouthed no, no, that is not true. president obama was right. out of a building in st. petersburg, russia by an oligarch affiliated with putin. and this was of course important when they say the russian government which did have military units doing t hacking of dnc emails, but those in their orbit were using social media, were stoking divisions and all these other things. and there are things we still have not done as a country to make sure it doesn't happen again. 12 states the voting machines don't all have paper records. that graphic back up. we have some states -- 12 states without paper backups. 40 states use machines th yearss use voting machines that are no longer manufactured, so that has questions about maintenance and security breaches. >> if you want to de-i can't lal delegitimize the result, you know which systems to attack. the russians did penetrate some of the infrastructure and install malware. this is in the open. and which the other thing that we didn't talk about, this is a playbook laid out that by publishing the results of