reports that supreme court justice neil gorsuch refused to wear a mask, reports lighting up the internetohn: smearing a new consecutive justice broadcast by npr and cnn. fox is getting the information straight from the sources. justices gorsuch and justice sotomayor themselves. >> sandra: they will tell you what they told shannon about the relationship on the bench. and immunocompromised. say it three times fast next time. >> john: got it. i'm john roberts in washington. big afternoon, sandra, we have shannon bream's new reporting after the news that is breaking right now. stay with us. fox news alert, and less than two hours until president biden will take questions from reporters, a rare news conference to mark his first full year in office. >> sandra: a year ago he was all smiles, joe biden bringing a long list of promises, but now nothing more than a politicians' words. >> john: the next 15 minutes, we'll give you a year. a team of reporters will have a rapid fire on five key issues impacting the lives of americans. >> sandra: and martha will be here to make sense why the president's

sotomayor has legitimate health concerns, this is understandable, everyone did mask up except justice neil gorsuch next to her. this seems to explain why sotomayor has been saying remote. gorsuch and sotomayor put out a statement denying any tensions. then roberts released a statement refuting the claim saying i did not request gorsuch or any other justice to wear a mask. npr's editor climbed in saying the story merited a clarification but not a correction. totenberg told "the daily beast" she doesn't care about what the public editor says. what is this about? this is about one word, the word ask and whether roberts asked everyone to wear masks or whether he, i don't know, i guess he could be suggested they wear masks. what do you think is really going on here? >> i think it's also about how opaque the supreme court is as an institution. congress has rules about whether you wear the mask, when to wear masks. the executive branch has rules. the supreme court doesn't tell us what its rules are. there is a mask mandate in the district of columbia. i don't understand why neil gorsuch wasn't wearing a

[laughter] all right, dagen, you've got the masking study, neil gorsuch, the lady in the trunk.? >> the kid in the car was 13 in the trunk. that's a lot more cool riding in the trunk than in the car with your mom. i will see kat's rosacea and raise her chronic stars and blepharitis. >> i don't have that! >> that's in your eyes! how do you get the mask up to your eyes, you weirdo?o? >> i am here to bring you news: the instances of eye infections and blepharitis, eye problems, have gone through the roof, like 50% increase, doubled since covid because of the mask. p it causes excess oil production in your eye glanced. i have a mask on. "ignore this giant sty, this goiter on my neck that is the size of kermit the frog." [laughter] i have fairly decent teeth, all i got going for me. don't look at mike rowe's feet. [laughter] i need the opposite of a mask. [laughter] >> the form -- i was recently on the "gutfeld!" show. >> that could explain what happened to pelosi's eyebrows. if it all moves upward -- her eyebrows, have you seen them lately? those worthy arches.rc of these three stor

[laughter] all right, dagen, you've got the masking study, neil gorsuch, the lady in the trunk. the kid in the car was 13 in the trunk. that's a lot more cool riding in the trunk than in the car with your mom. i will see kat's rosacea and raise her chronic stars and blepharitis. >> i don't have that! >> that's in your eyes! how do you get the mask up to your eyes, you weirdo? >> i am here to bring you news: the instances of eye infections and blepharitis, eye problems, have gone through the roof, like 50% increase, doubled since covid because of the mask. it causes excess oil production in your eye glanced. i have a mask on. "ignore this giant sty, this goiter on my neck that is the size of kermit the frog." [laughter] i have fairly decent teeth, all i got going for me. don't look at mike rowe's feet. [laughter] i need the opposite of a mask. [laughter] >> the form -- i was recently on the "gutfeld!" show. >> that could explain what happened to pelosi's eyebrows. if it all moves upward -- her eyebrows, have you seen them lately? those worthy arches. of these three stories, which

court justice neil gorsuch to the seat that mitch mcconnell stole for him after nuking the filibusterery little of coronavirus precautions. he joined the majority opinion blocking the biden administration's vaccine mandate for private businesses and joined the descent against vaccine mandate for health care workers. when the court didn't block maine's health care mandate last fall, he wrote, stemming the spread of covid-19 qualifies as a compelling interest. i would acknowledge that this interest cannot qualify as such forever. today we have additional treatments and more appear near. if human nature and history teaches anything, civil liberties face grave risks when the government proclaim infinite states of emergency. the wonderful new interventions that he cites so triumphantly have been less successful than everyone hoped in large part because the very vaccine resistance that he is trying to abet is making it difficult. gorsuch also wrote the dissent when the court refused to block new york's vaccine mandate stressing that religious people seeking exemptions due to their aebt abor

this while justice neil gorsuch, again, was the only member to enter the courtroom without a mask.o recently wrote a book decrying the lack of civility in the country. more on this from cnn supreme court reporter ariane de vogue. so the supreme court, what is going on here? >> right, well justice sonia sotomayor suffers from diabetes so she is in the high-risk category here and from the start of the term, at every argument that i have attended, she is always been wearing a mask. the other justices haven't been wearing a mask. but then, in january, when the infection rates really started to soar, the court released a statement saying that justice sonia sotomayor would now be participating remotely. and the court spokesman made clear that she was not ill. well now, sources tell us that sonia sotomayor feels uncomfortable sitting on the bench in her colleagues are un-masked. and they say that she made that concern clear to chief justice john roberts, although we're not quite sure what john roberts did with the information. so, when that argument started -- the first argument of the ja

gorsuch is the guy who touches every bagel before picking one. [ laughter ] you guys remember neil gorsuched to work for the law firm, rogan, hogan and facebook [ laughter ] hey, i saw a news anchor in mexico who looked like he finally hit his breaking point with people who won't get vaccinated check this out [ laughter ] [ cheers and applause ♪ >> jimmy: yes! you know that's how dr. fauci feels on the inside. [ laughter ] hey, i heard that today former new york city mayor bill de blasio announced that he's not running for governor of new york. he then -- [ applause ] [ laughter ] he then waited over ten minutes for someone to say, "aw. [ laughter ] yep, de blasio won't run for governor he said he wants to spend more time at home being booed by his family [ laughter ] did he really have to announce that i mean, he might as well have announced that he won't be performing at the super bowl halftime show. it's like, "yeah, we know. some business news here, apparently airlines are dealing with the ongoing pilot shortage by raising pay and lowering the requirements [ laughter ] passengers said,

problem risking the life of your colleague because you don't feel like putting a mask on, you, neil gorsuch, are to rotten co-worker, dangerous to be near in a pandemic and tonight's absolute worst. that's tonight's "reidout." "all in with chris hayes" starts now. >>> tonight on "all in," all the networks are reporting new subpoenas for trump attorneys. >> oh, my goodness, all the networks! wow! >> tonight congressman adam schiff what they want to know. plus, how team trump's campaign of lies laid the groundwork foorn attempted coup. and george conway on why he says prosecutors must start investigating donald trump. and the fight for voting rights finally begins on the senate floor and the shocking report of a supreme court justice and his refusal to wear a mask to protect his supreme court colleague. "all in" starts right now. >>> good evening from new york. i'm chris hayes. tonight the committee investigating the seditious conspiracy to overthrow the 2020 election has moved one step closer to donald trump himself who by all accounts is not close with many people. but for years especially

today, that was what the justices were thinking about, and there was one supreme court justice, neil gorsucho wondered why congress, which is right across the street from me, has not acted and imposed a vaccine mandate. i think the justices would be more open to a legislative sotion than what gorsuch said was a kind of workaround agency by agency that the biden administration is trying to do to impose these mandates without congressional approval. laura: that is the scene in washington. around the world, other countries have lamented sweeping vaccine mandates. wednesday, italy made vaccinations mandatory for everyone over the age of 50. a similar mandate will take place later this month, and austria plans to make vaccines compulsory for anyone over age 14starting in february. as the omicron variant surges, how effective are these mandates at curbing coronavirus cases? dr. jeremy faust is an emergency physician at brigham and women's hospital. welcome back to the program, dr. faust. given how many breakthrough infections there are from the omicron variant, our vaccine mandates really effectiv

but a 2017 rule change made by republicans to allow the senate to confirm justice neil gorsuch, then two other trump appointees with a simple majority will now work in democrats' favor in a 50-50 senate a political reality republican lindsey graham acknowledged, writing on twitter, quote, elections have consequences, and that is most evident when it comes to filling vacancies on the supreme court. graham voted for both of president obama's supreme court nominees and was one of three republicans to vote for judge jackson's confirmation to the d.c. appeals court along with alaska's lisa murkowski and maine's susan collins, each possible votes for whomever president biden nominates. >> we can take our time, have hearings, go through the process, which is a very important one it is a lifetime appointment after all. >> reporter: whoever the president nominates will make history if they're confirmed. a 50-50 senate has never confirmed a supreme court justice. lester. >> garrett haake, thank you. >>> let's turn to the ukraine crisis now and no signs this evening that russia is scaling back

you would o justt expect from a mansplaining like neil gorsuch. well,, it turns out the story wasn't true . oops, sorry about that . and yet we kept listening to npr anyway because npr is abouty so much more than facts. npr istu about attitude and styn . it's about making mostd entitled people in this country feel even better about themselves. it's about saying things that are off the charts crazyts but sang them in a smug singsongy tone that suggests they've always been true . it is highly compelling radio. honestly, we can'tng turn it of last week we told you about recent npr segments on anti diet dieticians and fitness experts who hate fitness and eat too much ice cream. wewe thought it couldn't get better than that , but oh boy were we wrong. t now npr has taken up the vital topic of gender identity at elite women's colleges. holy smokes. it's a cornucopia of awesome. >> listen, women's colleges are adapting their admissions policies to reflect a shift in the waya that people. understand gender . some students identify as transgender or non bi

we had npr riding a story about the so-called controversy and the buckle between the masking of neil gorsuch with sonia sotomayor or and they came out and said that wasn't true. so why are people trying to have so much fighting and so much divided? we should have a moment of unity. i know the court will be a contentious issue but we need to do a better job of making up less political where we can. >> harris: emily, in terms of what the court could be looking at, what do we know about maybe what justice breyer and his judicial history have looked like, and what tomi is suggesting, maybe you find someone farther to the left? democrats -- if the ideology of democrats don't make up the majority on the court anyway, would it matter so much if there were somebody who were even further left than say sonia sotomayor or? >> tomi: that is interesting and it dovetails into what guy was saying earlier, there are rumors floating around already, the short-list potentially includes one of the judges that i mentioned earlier, and also, that was judge khatami brown jackson and also california supreme court j

the other justices are on the bench wearing a mask and the exception is justice neil gorsuch. >> the deep clean is over. now students and staff are back in stool at the west contra costa unified school district. sharon katsuda is with the students back to class. >> reporter: students looking a little bit groggy like normal high school determines but they were determined to get to class. at this high school the principal says they expect about 75% student attendance and only four staff members were out sick this. comes after the district shut down all campuses yesterday and last friday for a deep clean because it's a rise in covid cases after winter break. >> i mean, they are anxious, of course. they like everybody. they want to make sure that the kids are safe, the staff wants to be safe, but there's a real commitment to have school usual for everybody. >> reporter: the superintendent has tips for families. stay home if you're sick and if you test positive stay home for ten days or until you're clear of any symptoms such as fever. no symptoms but tested positive, you could take a cov

and for the first time, a majority of the justices, with the exception of justice neil gorsuch, wore masks. in the past, the court has allowed various efforts to mandate vaccines at the state level, but in these cases, conservative justices seem skeptical about handing that sweeping power to federal agencies. >> this is something that the federal government has never done before, right, mandate vaccine coverage? >> reporter: and there were practical questions to the requirement that some 80 million private employees get vaccinated or have weekly testing. >> is the testing alternative viable at the present time in light of the stories that we see about the long lines that are required to be tested? >> reporter: the justices seemed less skeptical of the more targeted mandate, which would require vaccines for more than 17 million healthcare workers at facilities that get federal medicaid or medicare money. now, the mandate for those large companies is set to take effect on monday, although the government says they're not going to enforce the vaccine requirement until next month. a rulin

let's bring in mike davis, a former law clerk for justice neil gorsuch.ng news with us. these are people that you have intimate relationships with and you have spent a lot of time with those on the court. give us your thoughts in this moment as i go back to jennifer griffin's reporting about it seems that the justice wants to get it out there, although we are still waiting on a formal statement, that he was not forced out, and that this is a decision that he made on his own. what can you add to this? >> justice breyer is a good man. he was very good to my former boss, justice gorsuch and law clerks including me when we joined the courts. he has shown independence as a justice, he has been very outspoken about the democrats pushing to pack the supreme court. justice has come out and said it's a bad idea. there's no way demand justice or the left wing groups forced him off the bench. i would note it is surprising that the white house, the biden white house let this announcement leak and they let it get out there before justice breyer had the chance to make

i think that, for example, neil gor gorsuch, justice neil gorsuch was just going to turn 50 at the time he was named to the supreme court. justice kavanaugh as well, over 50. they're right there in the range, if anything, leondra kruger is young, so if there became another seat, she might be a contender again if she didn't get it this time. it is very interesting, because you -- i am already hearing from the two camps that kruger camp and the jackson camp and they are internal, i would say, democratic camps who each make a very good case for the person they want to see on the supreme court. >> i'm interested in the arguments that these two camps are making. what are the differences? >> well, the jackson camp says we need somebody different who represented little people. the kruger camp says this is one of the true judicial stars of our time, she can go toe to toe with any of the conservatives and like breyer try to bring along some consensus on a court where liberals, even moderate liberals, are incredibly outnumbered. this is a conservative, super conservative, super majority. >> nina

you nominated neil gorsuch to the supreme court, set a record for first year judicial appointments for the federal appellate courts. you saw of historic reduction in the illegal immigration, and you destroyed the caliphate, armed to the living adam schiff out of them, and forced nato members to step up and pay their fair share. joe brought us a 40 year high with inflation, a workers shortage now in the country -- people not even going back in the workplace. the average family is now spending up to $5,000 more a year because of the inflation effects. he shut down the keystone xl pipeline, gave the green light to vladimir putin. he is making russia again. he blocked oil exploration on federal lands. and, now, he is pleading and begging with opec and russia to produce more energy -- what is your response? he was saying that he had a more productive first year than yours. >> president trump: it wasn't close, everybody knows that. what he has done in terms of building this up is incredible. you look at what has happened with china, where there is no retribution whatsoever. you look at russi

here is justice neil gorsuch laying it all out earlier today. >> congress has had a year to act on thestion of vaccine mandates already. as chief justice points out, going agency to agencies getting congress to act. >> sean: just like i've been saying, i think the vax/don't vax debate is over. any of them are going to say it's changing people's minds, people are willing to lose their sanity, the benefits, their pensions because they believe so strongly that they don't want it. do you agree or disagree? that's up to you, doesn't matter, that's a reality in my view. these mandates will result in more workers quitting. we have 4.5 million in november alone. that means more staff shortages, skyrocketing costs were businesses. but the liberal justices on the court predictably seem less concerned with the constitution and all the negative consequences, more worried about fueling more never-ending pandemic theater and restrictions and zirconium shutdowns. listen to justice sotomayor or falsely claiming that 100,000 kids are in serious condition because of covid. take a look. >> omicron is as

during neil gorsuch's confirmation hearings in march 2017, sullivan was actually one of the few cases he agreed was federal law. >> supreme court has special protection when we're talking about the media, the press, in covering public officials, public actions. proof of actual malice is required to state a claim. that's been the law of the land for, gosh, 50, 60 years. i can point you to a case in which i've applied it and i think it might give you what you're looking for, senator in terms of confirmation. >> but then this past july in dissenting in a case that the court declined to hear, gorsuch joined justice clarence thomas saying that the court should revisit the breadth of the sullivan ruling and complain how it applies to social media and technology companies. gorsuch wrote, quote, not only has the doctrine evolved into a subsidy for published falsehooded than could have predicted. clarence thomas wrote that the court's earlier pronouncements that the first amendment, quote, required public figures to establish actually malice bears no relationship to history or structure of the

. >> for the first time a majority of the justices with the exception of justice neil gorsuch, wore masks emily: so they are focused on his masks. >> kayleigh: what a wonderful yet pathetic distraction technique. we fact-checked covid misinformation or put a sticker on anything where you talk about covid or they remove people from twitter altogether for spreading misinformation about covid. where are those folks? because they seem to get very upset when they contradict liberal narratives but when you have a sitting supreme court justice that makes an error of that magnitude, suddenly it's crickets. i'm glad people are acknowledging it but i think that she needs to acknowledge it. quite frankly it's so bad and i have to wonder why which she make that claim? it's not like she was off by a few hundred or even a few thousand, she was off by a huge amount. she needs to own up to it, she needs are correct in an answer why she's trying to spread the covid hysteria. it's not helping anyone in the nation, especially the children who she is talking about who want to go back to school and live a nor

general arguing remotely because they tested positive for covid, i thought it was interesting neil gorsuchument without a mask so perhaps this was more pointed than we appreciated at the time. >> it's so on brand. let's listen to, here is justice samuel floating the idea. >> i want to ask a question on the issue of commencement of enforcement. this ets was issued a couple months ago. these cases arrived at this court just a short time ago, that he prevent a lot of difficult complicated issues. we have hundreds of pages of briefing. we're receiving very helpful arguments this morning. does the federal government object to our taking a couple days maybe to think about this and digest the arguments before people start losing jobs? >> i'm not a lawyer, melissa, but this reminds me of the weasel way they went at the texas law where you can put bounties on women. they're like we'll get you get the bounties for awhile and let it work course. this feels like a weasel way to kill the mandates. >> i thought when we heard this there are a number of eyebrows raised for those who follow the court becau

and purses over that scort seat long enough to save it for a republican president to nominate neil gorsuchs later, four years later in 2020, another supreme court justice tragically passed away, this time ruth bader ginsburg, her death came during an election year, but this time the election wasn't nine months away, it was literally 45 days away. and senator mitch mcconnell decided yes, all that stuff i said about not confirming a justice in an election year, you can forget all that, and he then proceeded to rush through the confirmation of justice amy coney barrett at record speed, it took 27 days from tip to tail. and that of course is a glaring example of senator mcconnell's hypocrisy and duplicity, i'm sorry to have to say it that way but it is a president and democrats said today upon the announced retirement of justice breyer they want to confirm his replacement just as quickly as amy coney barrett was confirmed in 2020. meaning they think the whole thing can be done in a month. democrats control the senate by the thinnest of margins. but to the extent that senator mitch mcconnell an

listening to arguments and participating in debates remotely since some of her colleagues, including neil gorsuch, reportedly refuse to mask up. sotomayor has diabetes, putting her at increased risk if she contracts covid-19. the omicron-fueled surge is leading to tightened measures across some asian nations, with japan re-imposing curbs on restaurants and bars starting friday, as tokyo recorded its highest daily caseload today. and in the philippines, new data released by the government statistics office says the number of overall covid deaths could be around 105,000, double the health department's official death toll. the philippines has reported record-breaking daily case numbers this week. in hong kong, authorities started confiscating small animals from pet shops after announcing it would cull some -- that's kill some 2000 hamsters and other small mammals after a dozen of imported hamsters tested positive for covid-19. indian authorities say covid cases reached an eight-month high today, with over 280,000 new infections, though authorities say they are still a few weeks away from seeing the

he opened up oil expiration in mr and alaska, oversaw an economic growth, nominated neil gorsuch to the supreme court, set a record for first year judicial appointments to federal applet courts, oversaw a historic reduction in illegal immigration, bombed the living adam schiff out of isis and destroyed the caliphate and forced nato numbers to up their contributions. what did joe do over the past year? okay, true, you spend so much money on handouts that inflation is now at a record 40 year high, while the worker shortage remains dire in the country. the average american family because of your policies is now spending $5,000 more this year because of your inflation tax. biden shut down the keystone xl pipeline, but he did green light putin's pipeline, the nord stream 2 pipeline to europe. he blocked oil exploration on federal lands, he ended trump's energy independence policies, a year ago, this country was a net exporter of energy and energy independent, and now he is begging and pleading with opec and russia to produce more energy. that too is a national embarrassment, and worst of all

then after the 2016 election, he led the senate through not only the confirmation from neil gorsuch and later brett kavanaugh and amy barrett. but ensured a record number of judicial confirmations including to our critical federal courts of appeal. 30 years ago clarence thomas became a member of the supreme court our keynote speaker voted invade in favor of that confirmation. just as higher young law clerks and justice thomas is known to look for certain qualities in those clerks. a very long list of those law clerks are now federal judges on the circuits catches rouse strauss. ho rushing eyed miller. on the district court's pack hold my cell nichols on the tax court toro and the armed forces court of appeals mags and hardy. according to a 2019 article in the atlantic justice thomas has had more of his former clerk's nominated to federal judgeships under president trump. did any other justice passed or present? and not to be outdone judges the par bush now bandian and walker where shall we say recommended to the white house to be judges by our keynote speaker? all those nominees were co

cracking the door on nominations and the same thing that mitch mcconnell did in 2017 to confirm neil gorsuch the only bastion. so what the two step here? he's trying to turn this around on republicans portraying them as obstructionists. >> charles: the notion here for senator manchin certainly has been once you make an exception, the camel's nose is under the tent. to the degree that president biden corroborated that by saying or referencing the fact that an exception was made for the most recent budget deal. so once these exceptions are made, you start to equivocate them. okay. if it was made for that, can't we make it for this? isn't that the slippery slope we're talking about? >> you're right. this is pandora's box. people say how about statehood for puerto rico or washington d.c.? how about status change for immigration? everybody would be banking on chuck schumer's door saying what about us. you can argument that was not a change for the debt creel ago few weeks ago because they had a procedural vote to break a filibuster. they went through that process. it's different. >> charles: chad

neil gorsuch had the most votes at 54.see the number go that high with whomever president biden nominates now just because of the polarization of this body. the democrats that have been causing trouble for the president lately, joe manchin and kyrsten sinema have voted for every single one of 42 judicial nominees he's made up and down the federal bench thus far, i think they'll continue to support whomever the president nominates. the challenge may be maintaining their 50-seat majority. we've gone the longest the senate has ever had a 50/50 split. democrats will need every single one of those votes to get this across the finish line. >> thank you all for being with me. really appreciate it. >>> sexual harassment is now a crime under military law. president biden signed the executive order making the change yesterday as required by the act in the 2022 national defense authorization act. army specialist guillen was killed in in 2020. back in may the military reported receiving more than 7200 sexual harassment complaints in f

neil gorsuch was the only one purportedly not wearing a face mask. >> unvaccinated tennis star novakr the australian government revoked his visa for a second time. australian's immigration minister announcing in a statement this morning his decision to cancel the visa held by djokovic on the basis that it was in the public's interest to do so. the country's strict border rules require all non-australian arrivals must be vaccinated to enter the country. djokovic's lawyers are expected to appeal in court as they successfully did the first time when the visa was canceled when djokovic arrived in australia last week and claimed a medical exemming that was rejected by border officials. he may apply for an australian visa for three years. that would take away his chance to play in the grand slam for quite some time. he admitted he gave a false statement on his travel form in order to get into the country and failed to immediately isolate after testing position active for covid in serbia last month, adding scrutiny to serbian officials and social media. he blamed human error and his support

followed brett kavanaugh who was confirmed in 2019 despite accusations sexual misconduct -- and neil gorsuch, who was confirmed back in 2017. the only reason trump got to nominate -- was when scalia died in february 2016, with almost a year left on barack obama's final term, then senate majority leader mitch mcconnell took the absolutely unprecedented decision to block whoever president barack obama nominated. not even the nominee, just the nomination. in this case, they nominated garland and he did not get a hearing and they blocked him for an entire year. and -- had never happened before in the history of the republic. and then, after they had taken that unprecedented step, the first thing that mcconnell does when he gets in power in 2017 is almost immediately abolish the filibuster for supreme court justices. so that he could push through an extreme justice without the support of the super majority. and mcconnell was very clear on what his priorities are. he later said, blocking that nomination was the most consequential thing he had ever done. i would say, facilitating donald trump's ele

neil gorsuch is 54. amy coney barrett is 49 years old.ng justice as well. is that what the founders intended, an arms race between both parties over who can pick the youngest justices for the high court. is this a pillar of our democracy or fantasy football? after they get their new justice, democrats might want to take a second look at the filibuster and ask themselves what's more important. is the filibuster more important than election rights and women's rights? democrats could just ask themselves, what would mitch do? mcconnell has insisted he's against scrapping the filibuster. but what happens if the republicans are back in power? and if the filibuster does live on, mcconnell gets his judges. what do democrats get? i'll tell you. more of the same. i guess they can keep on telling themselves life's a mitch. the most watched host of fox news has been spreading dangerous conspiracy theories about january 6th and now can't understand why the u.s. doesn't side with the kremlin. his bosses, the murdochs must own what comes out of tucker c

powerful health regular late tore, maybe companies vaccinating for the flu vaccine that is what neil gorsuchtalking about. they could be an shrined, could have a cabal of lobbyists pressuring it, right? >> this is a dangerous precedent i pray the supreme court does not allow that with osha. they have never done this before. flu vaccines, never done this before. osha has never put a heavy hand on businesses to push a type of vaccine. i'm confident that the supreme court throws osha's ability out the window. they don't have the people to do it. they don't have the staff. they surely don't have the authority. elizabeth: we're watching deaths and case fatality rate is plug plunging in out africa. the problem u.s. media is scaring the bejesus out of everybody. let's watch this, watch. >> they choose only those experts to quote who prefer an unknown hypothetical of fear over known facts. so, listen, neil, you hear all the time, well, yes, maybe omicron seems mild but it could get really bad. we just don't know yet. we really don't know. we know the facts, they have been in from south africa in the

. >> you, neil gorsuch, are a rotten coworker. dangerous to be near during a pandemic.meone as saying the story was wrong. howard: later, statements were issued denying totenberg's account. saying they were issuing a non-denial denial, but nf -- npr's editor says it requires a clarification, not a correction. seriously? >>> it's a big blow that directv is knocking yun network news off its -- one network news off its satellite especially since at&t chairman william kennard once headed the fcc under bill clinton. but the host, dan ball,s went way, way further. >> if you've got any dirt on mrt and put it on this program. you bring me concrete evidence of whatever it may be, cheating on his taxes, cheating on his wife, saying racial slurs toward ors white people -- folks do that -- whatever it may be, bring it and we'll air it. howard: look at that word, dirt. excuse me, but that is really sad. >>> just like old times on mlk day, donald trump sent appropriators a blast attacking his one-time friends joe scarborough and mika writer zinn sky. ratings are very crow -- lower, t

away with the filibuster for supreme court nominees in order to confirm president trump's pick, neil gorsuch. and like i said last night, if you can carve out an exception to the filibuster for the debt ceiling, well, surely you can carve out one before our democracy goes bankrupt. and speaking of honoring one's office, i want to talk about those who are in office. the members of congress who are telling you that you have to follow the laws that they are responsible for writing, but they don't have to. the average person, i can tell you, if they get a subpoena, when i was a prosecutor, it wasn't like an optional thing. it was, you comply with the subpoena or we can have a squad car brought to your home and you can face jail time. but if you're a member of congress that gets a request to testify before a congressional committee about an attack on the capitol, you were in that capitol. i mean, i guess the response is, if you feel like complying? how many times have you asked yourself how the response and the treatment would be different if it were you in their shoes? i do it at least ten times

eight of them came out, and for the first time they were all wearing masks except for justice neil gorsuchstices keep the masks on for most of arguments. some take them off for long periods of time. the two liberals, kagan and breyer, they are always with their masks even when they're asking questions. we asked the court why gorsuch isn't wearing a mask. we don't know. they haven't responded yet, but it's worth noting all of the justices are vaccinated. they're boosted. and they're tested regularly. so as you said, the court, like the country, is struggling a bit with this. >> very interesting reporting. we'll see where this goes. it seems to be sort of an unfortunate break down of some of the collegiality you expect to see on the court. you know, the justices disagree vigorously. but behind the scenes have a rapport with each other. unfortunate to see that. great reporting. thank you. >>> also some sad news to report this morning. former creative director at vogue andre leon tally died at 73. standing at 6'6", he was an iconic presence at fashion shows around the globe, often sitting with

all except justice neil gorsuch who's declining to put one on.because she suffers from diabetes and underlying health conditions. she's she's been participating in oral arguments in her chambers instead of the courtroom where she normally sits next to gorsuch. and there is no rule requiring justices to wear one. voting rights on the ropes, americans worried about the economy. it's been a tough first year for president biden. what's ahead in the second ? ♪ ♪ ♪ "how bizarre" by omc ♪ no annual fee on any discover card. ♪ ♪ ♪ ♪ do your eyes bother you? because after all these emails, my eyes feel like a combo of stressed, dry and sandpaper. strypaper? why do we all put up with this? when there's biotrue hydration boost eye drops. biotrue uses naturally inspired ingredients like an electrolyte, antioxidant, even your tears' own moisturizer. and no preservatives. these ingredients are true to your eyes' biology. see? bio.true. i always dreamed of having kids of my own. ♪ ♪ now i'm ready for someone to call me mom. at northwestern mutual, our version o