but certainly the chief justice remains the chief justice.te and there are people there to do the work of the cases. so i would imagine the work of the court will carry on. host: let's bring it back to the current court. we have about five minutes left in our conversation. when one -- we have been looking at chief justices and the role they have taken. with that in mind, justice roberts is going into the 15th year presiding over this court. what are the broad observations one might look at casting an eye towards history about the roberts court and how he has approached it? elizabeth: this goes back to a point you raised in the beginning and is evident in the clips you showed at the start of the hour. i think one of the big points is that the chief justice has been very cognizant of and done a tremendous job of being a steward of the court as an institution and balancing the importance of maintaining public confidence and access to the court, with its role, meaning a nonpartisan, nonpolitical role. and by that i mean it goes to for example, th

justice ginsburg: no one thinks, "my aim in life is to be a supreme court justice."n you first got on the court, were other justices saying, "we're happy to see you? here? let's go have dinner together?" just. ginsburg: justice o'connor was the most welcoming. he gave me some very good advice. >> would you fix your tie, please? david: well, people wouldn't recognize me if my tie was fixed, but ok.

justice ginsburg: justice o'connor was the most welcoming. she gave me some very good advice. >> would you fix your tie, please? david: well, people wouldn't recognize me if my tie was fixed, but ok. just leave it this way. all right. i don't consider myself a journalist. and nobody else would consider myself a journalist. i began to take on the life of being an interviewer, even though i have a day job of running a private equity firm. how do you define leadership? what is it that makes somebody tick? when you went to cornell, your grades were obviously very good. you applied to law school at harvard. you got into harvard law school. was the class half women and half men? [laughter] justice ginsburg: in those ancient days, i went to law school from 1956 to 1959. in my entering class at harvard law school, there were over 500 in the class. nine of us were women. a big jump from marty's class, he was a year ahead of me. there were five women in his class. and today, the harvard law school has about 50% women. [applause] david: in your harvard

justice kavanaugh: can that be done? justice ginsburg: is it not -- mr. wall: but on this record i'm very skeptical that they can't. justice ginsburg: is it not -- is it not a reality, is it not really the fact, that almost all hospitals in the state of louisiana do have an admission, you have to have an admission record in order to admit patients? there is something in the record to that effect that you -- you don't get -- if you don't send patients to the hospital, you don't get admission privileges. chief justice roberts: you may answer. mr. wall: justice ginsburg, i think that's difficult to square with the fact that doe 5, who does not have an ob-gyn practice, got privileges at touro. i think petitioners acknowledge that there are not explicit patient minimums. they call them implicit. but the kinds of requirements that they are pointing to are the sorts of things that look like they would have precluded doe 5 and didn't. these ought to play themselves out in a post-enforcement context, not as here. chief justice roberts: thank you, general. mr. wall

david: so if you have a 5-4 perspective decision, does one of the justices go to another justice and say, "why don't you change your mind?" does that work very much? justice ginsburg: no. there's no trading at the court. david: you have also gotten attention for your exercise routine. --tice ginsburg: justice ginsburg: recently tuesday. david: many people think the court is very political. justice ginsburg: people have that view because agreement is not interesting. disagreement is. >> will you fix your tie, please? david: well, people wouldn't recognize me if my tie was fixed, but ok. just leave it this way. all right. ♪ david: i don't consider myself a journalist. and nobody else would consider myself a journalist. i began to take on the life of being an interviewer, even though i have a day job of running a private equity firm. how do you define leadership? what is it that makes somebody tick? ♪ david: let me ask you a question at the beginning. how does it feel to get up in the morning and know that 330 million americans want to know the state of your health that day? [laughter]

justice ginsburg: justice o'connor was the most welcoming.ome very good advice. >> would you fix yie

justice ginsburg: justice o'connor was the most welcoming.ome very good advice. >> would you fix your tie, please? david: well, people wouldn't recognize me if my tie was fixed, but ok. just leave it this way. all right.

scorcher's --st a justice porsche's -- justice gorsuch said. you do not punish a criminal -- as criminal that which is not. two, and has to be imminent. three, it has to be specific. there could be others. it does require us to add one sentence. congressret it as picking up, in the government's view, solicitation, the common definition of solicitation, not including the exceptions because this is a common kind of thing, something like that. is the question because that is what is floating around in my mind. >> if you write that opinion, you have to add one more sentence, which is the judgment below is affirmed. if you add that, we will be fine with it with one exception or question, which is the notion that there might be exceptions to the rule that solicitation has to be limited to a solicitation of criminal conduct with specific intent on the part of the defendant that the criminal conduct be committed. to get thathave passed by the senate and house and signed by the president before we could put that many changes to the statute? >> absolutel

justice ginsburg: so far. david: and you have a son who is in the music business should justice ginsburg: -- in the music business. justice ginsburg: james makes exquisite compact discs. classical music but no talent as a performer. he went to the university of chicago, he was a classical disc jockey on the student radio station. in the years he was dropping in and out of law school, he told doingliked what he was much more than his law classes. so we said, fine. if that is what you want to do. is -- his label recordings are gems. david: do you have any grandchildren? justice ginsburg: i have four grandchildren, two step grandchildren and one great grandchild. to your grandchildren call you rbg? justice ginsburg: i am a jewish grandmother. david: the harvard law overview and the columbia law overview, you are flooded with job offers. justice ginsburg: there was not a single firm in the entire city of new york that would take a chance on me. david: from the harvard law review on the columbia law review, you are

justice ginsburg: no one thinks my aim in life is to be a supreme court justice.t is not realistic there are only nine of us. with whoa lot to do are the particular nine at a particular time. growing up, i never had an idea of being any kind of a judge. were -- when carter became president, there was only one woman on a federal court of appeals. the first ever secretary of education. and then there were none again. carter changed that. no president ever went back to the way it was. reagan did not want to be outdone by carter so he was determined to put the first woman on the u.s. supreme court. he made a nationwide search and with sandra day o'connor. david: when president clinton became president, you were obviously somebody being considered. president clinton talked to somebody who was pushing for your appointment, daniel patrick moynihan, and president clinton said, women do not want her. how could that have been the case when you are the leading lawyer in gender discrimination? why would some web but not want you on the supreme court? justice ginsburg: just so

as tom puts the variance between republican justice and democratic justice under the deep state, perhaps deep state is just the wrong terminology altogether, perhaps it should be radical dems deeply buried in the bureaucracy and sometimes not so deeply. >> that's probably more like it because some 90% of department of justice employees donated to the hillary clinton campaign. one of the reasons wolf got off as lightly as he did was because he threatened or did subpoena senators from the senate than one person knew he was leaking it. lou: we will take up the case of general flynn tonight. we understand there is also a court hearing tomorrow morning for roger stone. it is a busy judiciary because they have quite a mess to clean up. we will be talking more about that mess and how we as american citizens should be considering what the proper way is for the cleanup that is required of the political corruption that permeates our federal government. great poll numbers for donald trump and his reelection campaign cbs saying 65% of registered voters say donald trump will definitely or probably be

try to deliver justice but it was more of a drama than delivering justice kevin john hell in amsterdam the point the feet raises of what happened in the aftermath of the terrible events in the balkans in the 1990 s. why should the peace deal between the united states and the taliban impacts what the i.c.c. may or may not end up doing with afghanistan at all because that process that legal process will take years and years and years and the people that signed the peace deal in doha if it holds they'll be dead and buried perhaps by the time there's a a final chapter in the i.c.c. legal process. well the 1st thing to point out is that the i.c.c. had absolutely nothing to do with justice in the balkans that was the yugoslav tribunal set up by the security council the i.c.c. didn't even exist at that point the i.c.c. is only dealing with events that take place after 2002 when their own statute enter into force so maybe the justice is imperfect but it's the only justice the i.c.c. can give now whether the i.c.c. will somehow undermine the peace deal it could complicate it somewhat i think yo

justice ginsberg: justice

justice ginsburg said nine seems to be a good number. the distinguished men and women of the supreme court do not and must not serve at the pleasure of angry partisans. must not serve at the pleasure of angry par partisans. me do not need to pay any mind to unhinged threats as shameful as they may be. in fact, as the chief justice reminded us yesterday, they are duty bound to pay such things no attention at all. their job description is simple. to apply the law to the facts as the chief justice put it, without fear or favor from whatever corner. i have great confidence the court will do just that. i'm confident that if the facts and the constitution would have led the court to disappoint democrats the day before yesterday, they will still feel free to do so today. and tomorrow. and beyond, notwithstanding these shameful tactics. now, i had hoped i would not need to reiterate what every republican senator told the court in august after senate democrats sent their threatening brief. but today i have no choice but to say it again. republica

justice and now we have justice justice and to put this into context before we turn to our guests to join us in this conversation sinclair skinner a marshall our back i want you to look at this chart of incarcerated americans right when the boomers became the largest voting bloc once they got their vote well that was right about there and it looks like they wanted to vote for it lock them up that's been their mantra for the last 40 years locking people up so sinclair skinner i know at your recent conference in washington d.c. at the black block chain summit this was an issue at that summit of the $698.00 per 100000 americans locked up 37 percent of those prisoners are black is this a racial justice issue. definitely i think even though when you look at the time a lot of that you gave another key indicators when we started seeing the civil rights. movement changing so desegregation and then the addressing of how we deal with this now integrated society a lot of it had to do with incarceration so again in my neighborhood no one had a visa or a passport but somehow crack cocaine got thr

[applause] now, justice, stevens and previously, justice holmes, they retired when they were 90.ld you like to break the record? have you given any thought to that? jus. ginsburg: i spent the first week of july with justice stevens in what turned out to be the last week of his life. it was remarkable. he was 99 years old. since he left the court at age 90, he has written four books. so yes, he's my role model. [laughter] david: so, many people think that the court is very political, that people appointed to the court by democratic presidents and those appointed by republican presidents tend to follow the political desires of the republican or democratic party. do you think that's a fair assessment -- and if it's not fair, why do you think people have that view? jus. ginsburg: people have that view because agreement is an interesting. disagreement is. so the press tends to play up 5-4 or 5-3 decisions. but if we could take just last term as a typical example, we after a fullons briefing and argument. were 5-4 or 5-3 divisions. but 29 were unanimous. than weree more often disagree.

instead of taking chief justice statement to heart, he lashed out again and applied the chief justice was biased, biased for doing his job and defending the a court. hlet me say that again. he tripled down, and he lashed out yet again and tried to imply the chief justice wasn't biased for doing his job and defending the court. our colic therefore, succeeded in attacking 33% of the supreme court in a space of a few hours. throughout the impeachment, and this senate trial for months, washington democrats preached sermons about the separation of powers and respect among equal branches. so much for all of that. and sadly, this attack was not some isolated incident. the left-wing campaign against the judiciary did not begin yesterday. not yesterday. my colleagues will recall it was during the impeachment trial the senior senator from massachusetts, and outside pressure group tried to attack the chief justice sitting right inha that chair, for staying neutral instead of delivering the outcomes they wanted. these same groups came to senator schumer's defense yesterday with gratuitous attack

he actually used the names of the justices. the spokesperson should have actually looked at the tape. but you know what? it gets worse, because schumer's team predictably blamed president trump writing, quote: for justice roberts to follow the right-wing's deliberate misinterpretation of what senator schumer said while remaining silent when president trump attacked justices sonia sotomayor and ruth bader ginsburg last week shows justice roberts does not call balls and strikes. oh, my goodness. okay. let's be very clear here. there's a big difference between chuck schumer threatening our justices and the president saying maybe some of the justices should recuse themselves. there is no comparison here whatsoever. each though the media -- even though the media tried to make the exact same argument. >> president trump, as we just mentioned, has been very critical of justices sotomayor and ginsburg. >> simply saying here's the political winds you will reap. in many ways, it's tamer than each, say, trump who has not only questioned j

justice roberts says no there's a new sheriff in town. >> it's unprecedented to hear from a chief justice way. >> it is. >> it underscores how polarized our country and politics have become that even the institution of the high court in some ways is being politicized with the nomination process the way senators are openly speaking about justices and of course the way the president is also doing that. >> that's right. >> danny cevallos, always great seeing you. >> always a pleasure, danny, thanks. >>> senator bernie sanders rolls out a new ad featuring former president barack obama and the biden campaign as you can imagine immediately hits back. we're going to show you the ad and what both campaigns are saying about it next. h campaign saying about it next what couldn't keep up was our bargain detergent. turns out it's mostly water, and that doesn't work as well on stains. so, we switched back to tide. one wash, stains are gone. kind of like our quiet time. [daughter: slurping] what are you doing? don't pay for water. tide is concentrated with three times the active cleaning ingredients. i

and then only one year after that, justice stephens retires and president obama names justice kagan to the supreme court. she's now going into her tenth term here, and we're very privileged to have her as the host of this evening. justice kagan. [ applause ] >> thank you, jerry, so much. as you can tell from the that production, before coming here, i couldn't keep a job. jerry, thank you for everything you do for the supreme court historical society and everything that the supreme court historical society does for the supreme court, the historical society does extremely important work in -- in reminding people of the importance of our constitution and our judicial system and its history and we're deeply appreciative. this evening marks the second of the society's 2019 leon silverman elect tour series, which is devoted this year to dissents in the supreme court. on my way over here, professor justin driver and also jerry libbon reminded me that i've written a few of those. tonight's speaker is professor justin driver. he's professor of law at yale law school. he teaches and writes in th

justice.>> i heard that your son and daughter are beautiful by the way, i stopped by and the producer of your show was showing me pictures and their beautiful and your good mom. you are doing such good in the community. what's the most rewarding thing about your job? >> gosh, you know what, there are so many rewarding things and just putting cases out there to try to solve unsolved homicides, find missing people, especially children. sometimes we hit a homerun. sometimes i never know if our words make an impact, but i do know this, i know crime victims and their family care. whether we get a resolution or not, i pray to god that we do. they know some of the cares and they're not in it alone. they are not alone. i think that is more valuable than money can compensate. i think to know that you're not in the fight alone, that's why i'm so pleased to be able to bring stories and lots of information because that partnership makes me know that we are not alone. me, crime victims, law enforcement, we

justice o'connor, sandra o'connor. and i don't know where this rings on the list of professor driver's compliments, but professor driver -- accomplishments, but professor driver was also a student of mine. and i can tell you from those long-ago years that he is super smart and super thoughtful, with a very kenai for -- keen eye for fascinating historical subjects. so you are in, as i am in, for a real treat, justin driver. [applause] been driver: hey, so i've introduced by a lot of people over the years, but i have to confess it is an odd sensation to be introduced by a supreme court justice. perhaps one of the few things more still is being in the still is being in the audience when he introduces a law professor. it must feel like a really fancy restaurant where the main course arrives before the appetizer. of proper standard of affairs has been woefully inverted. it was justice elena kagan or -- doing the intro tonight makes it all the more thrilling for me. not only did i have her as a professor, i was also a third-

court justices.epublicans under john kennedy here tonight with reaction to the controversy that all erupted over an abortion case from his home state, louisiana. hello and welcome to "fox news @ night," i'm shannon bream in washington. we begin today with senior correspondent rick leventhal with the latest from our l.a. newsroom. good evening, rick. >> good evening, shannon. new cases in texas, new york, new jersey, here in california, will be have dramatic developments. just hours after l.a. county made an emergency health declaration, the governor issued a state of emergency revealing a cruise ship with thousands of passengers headed for san francisco is being kept at sea because almost two dozen people on board are sick, possibly with the novel coronavirus. the state's first fatality was a northern california man who was a passenger on the ship's last cruise. after the grand princess dropped a man and thousands of others off, it headed back out with thousands of new passengers to hawaii. and now,

and justice marshall.new justice scalia from our court of appeals days. i knew justice clarence thomas, who was also on the d.c. circuit. but sandra was as close as i came to having a big sister. you know, i did have a big sister, but she died in my infancy, so i never knew her. justice o'connor was the most welcoming. she gave me some very good advice. not only when i was a new justice, but during my first cancer battle. because justice o'connor had breast cancer and she was on the bench nine days after her cancer surgeries. david: wow. jus. ginsburg: so she was very clear about what i had to do. she said, ruth, you have your chemotherapy on friday. that way you'll get over it during the weekend, so you can be back. [laughter] david: now, the best way to win a case if you're arguing one before the supreme court is to write a great brief, to write a -- to be a great oral advocate. does the oral argument make a difference, or does the brief make a difference, or what is the best way to win a case in the sup

>> i think that justice gorsuch and justice kavanaugh will approach this case like they would approachase. they would look at the facts and they would look at the law and they would apply the law to the facts and that's where they would come out in the case. this has been way too politicized. i think the democrats had been saying since 1973, sips roe was decided that republican presidents going to appoint justices going to overturn roe v. wade. here we are nearly 50 years later and roe v. wade is not even at issue in this case. >> martha: we heard what the president said during the campaign that he would specifically seek to appoint pro-life justices and judges. do you think that they will deliver on what the president said he was hoping his justices would do? >> i don't think that any supreme court justice is going to deliver for any president. their job is to look at the facts and look at the law and let the chips fall where they may. again, i think the democrats are just trying to scare voters here. roe v. wade is not even at issue in this case. it is a very limited challenge to lou

with justice ginsburg.enator schumer by making this more of an issue in the campaign. steve: all right. but i don't know how many of the other channels are actually talk about this. >> i didn't believe it. i had to go and listen to the tape to make sure i heard it right. brian: his lack of apology is stunning. meanwhile, catch more of great insight like this from judge napolitano virtually free on fox nation and fox nation.com. this month is justice month where we are going to seek justice and for 99 cents you get a free month. >> today i'm attacking the patriot act. brian: don't you do that always? >> yes. i have been doing it for years. [laughter] steve: dozen minutes before the top of the hour. judge: where is carley shimkus? steve: behind you. >> sending you my love. carley: senate republicans announce a new phase of the investigation into joe biden's son. senator ron johnson says a report on hunter biden's ties to a ukrainian gas company will likely be released in the next two months. johnson says his

chuck schumer's threat against conservative justices. even though they preach acceptance for all, are the democrats actually the party of silence and violence goes to mark congressman matt gaetz, dispel the myth of liberal tolerance. a failed presidential candidate bill de blasio is added again, wait until you hear his latest comments about black voters. but first, for months the democrat and media elites not only touted their 2020 field as the most exciting ever, it was also the most diverse. >> people really are excited about the field. >> it is easily the most diverse field for president ever the 2020 democratic field is taking shape. >> there are more women running for president in the fields that have ever run for president in any one field. >> this is a field i think democrats can be proud of. >> raymond: today their diversity dreams came crashing down when elizabeth warren announced her decision to end her presidential campaign. which means, the most diverse field ever has been whittled down to two very old white men. don't you wi

i want to thank justice kagan for being our host, in support of the justice.t is very important to us. we try to support the courts and we very much appreciate you being here tonight we have a reception downstairs in the lower great hall. and the lower great hall you may find our gift shopped which will happen to be open at that time, and there are some interesting books available including professor drivers booked the school house gate, as kagan referenced in her opening remarks. you may want to look at that. i would like to thank you all for coming tonight. we are adjourned. (applause) early in 1945, our be 29 speak and full scale operations against japan. 1500 miles back from bases inside pan, tinny en, and guam. here 21st bomber command concentrated its massive air power and planned the ultimate crushing defeat of japan, down to the last bomb. here was the beginning of the end of the road to tokyo. after six months of reoccupation,