sotomayor basically double counts. i think a much better way of looking is saying okay asking what's the purpose of the allegedly fair use second? at a think the purpose look, the purpose of criticism, the purposes, terry, the purpose is education. so look when i was in high school i took this class called like great sinema and over did was come to class and watch movies and write papers on them. >> that's a a nice class. >> it was great. if you didn't like the movie you could nap through it and pretend like, act like you knew what you were doing. >> but you guys had to write a paper about. >> high school paper. in any event the point, of course in order for me to write a paper about a movie i have to see the movie and the movie has to be shown to me. you could say look, into situations they could potentially be very useful although there are limits on that. look, ever want to criticize your scientific articles and you to take this or that into account, well, this equation for this data or whatever is wrong and have to

sotomayor basically double counts. i think a much better way of looking is saying okay asking what's the purpose of the allegedly fair use second? at a think the purpose look, the purpose of criticism, the purposes, terry, the purpose is education. so look when i was in high school i took this class called like great sinema and over did was come to class and watch movies and write papers on them. >> that's a a nice class. >> it was great. if you didn't like the movie you could nap through it and pretend like, act like you knew what you were doing. >> but you guys had to write a paper about. >> high school paper. in any event the point, of course in order for me to write a paper about a movie i have to see the movie and the movie has to be shown to me. you could say look, into situations they could potentially be very useful although there are limits on that. look, ever want to criticize your scientific articles and you to take this or that into account, well, this equation for this data or whatever is wrong and have to

i wouldn't recommend reading sotomayor's opinion, it's not well-written. if she's making a distinction the distinction is because the question, the fair use question is poor criteria and the one the court was debating is in the nature and character of abuse. she kept saying these are the same matrix terms, this can be put in a magazine, that can be put in a magazine so they are all the same, therefore one is not a fair use. what if she didn't put it in a magazine but in a museum? we can play this game all you want. i could put a photograph in a museum as well. so what sotomayor, don't want to blame just her, 6 of the justices signed on to this. new gorsuch joined the majority as well so the blame should be shared. what soto mayor is doing is not clear standards whether or not it can be put to the same use because at the end of they you end up with all the way down, just asking a generality like a book and a movie, you can tell the story in both of them, one you tolstoy more visually in the other you tell the story more auditorily as you read it to your sel

two justices, sonia sotomayor, a typical threat case. specifically they believe that the government must prove intent or purpose by defendant speaker to put a person many fear of eminent violence. it's not enough that a defendant speaker was not aware of a substantial risk, harm and consciously disregarded, in their view instead feel threatened. there's another level called knowledge. in otherf words, the defendant speaker might not have intended to put a person in fear but instead knew the target would be fearful and finally justice clarence thomas and amy coney barrett issued descending opinion, whether it's intent, purpose, knowledge, recklessness it's simply irrelevant. all the government must prove that a reasonable person is fearful. the least free friendly possibility. in thus, they would have held counterman's conviction. that provides a brief overview with the bottom line that the court adopted this recklessness standard or mental state, that the government must in other words demonstrate that a defendant consciously disregarded

- tell me who's danny sotomayor, tell me. - danny sotomayor is a puerto rican mexican who grew up ine '80s. he was an artist, he led protests, he created change, he basically shamed the government into helping queer people that were dying of aids. that story wasn't told to me, so when i found it by accident, and i'm like, "wait, puerto rican, mexican, chicago? like, that's me." - we're unlearning, and then we're also learning about our histories. how are we reimagining possibilities for ourselves and our communities in that process? - after being in this program, i was, like, given the resources and everything to say, "ok, if i want to start a movement, this is how i would do it." i have those blueprints to look back to of people who were like me who advocated for themselves and advocated for their rights. - amazing, amazing. - also a lot of people in power tend to speak like kids don't know they're queer, but kids have been knowing they're queer and kids will continue knowing they're queer. it's just about creating spaces for youth to really embrace their queerness. - like putting t

wade but i can pin it down to sotomayor. i think she is responsible.s far as the entire court, i have faith in them. they are very intelligent, trained people. they deserve all the credibility we should give them. host: why do you think that sotomayor may have been responsible for the leak? why did you come to that conclusion or how? caller: a few of her past remarks just went by the wayside. they kept saying they were going to find the leaker but it has never been dropped. all of a sudden, we are getting other stuff about justice thomas. just to try to change the subject. i would like to know why we have never -- they have never determined who the leak was. that is my final thought. host: let's go to winsted, connecticut now. tom is on the republican line. go ahead. caller: i would like to say something for everyone to consider. do you think a man without integrity will sell us out for a boat ride and a state dinner? that is all i have to say. thank you. host: milton is next in philadelphia, democratic line. >> good morning and thank you for taking my

wade but i can pin it down to sotomayor. i think she is responsible.s far as the entire court, i have faith in them. they are very intelligent, trained people. they deserve all the credibility we should give them. host: why do you think that sotomayor may have been responsible for the leak? why did you come to that conclusion or how? caller: a few of her past remarks just went by the wayside. they kept saying they were going to find the leaker but it has never been dropped. all of a sudden, we are getting other stuff about justice thomas. just to try to change the subject. i would like to know why we have never -- they have never determined who the leak was. that is my final thought. host: let's go to winsted, connecticut now. tom is on the republican line. go ahead. caller: i would like to say something for everyone to consider. do you think a man without integrity will sell us out for a boat ride and a state dinner? that is all i have to say. thank you. host: milton is next in philadelphia, democratic line. >> good morning and thank you for taking my

sotomayor and jackson dissented, neither of the dissents used diversity rationale, only useful for moreeral justices for a swing conservatives go along with them. they argued that it was properly interpreted to allow the government to use racial classification to address the exclusion of underrepresented minorities, particularly african-americans. this is familiar territory, there were three relatively novel aspects of the opinion, justice clarence thomas with a concurring opinion gave the most extensive defense of the anti-racial preferences perspective on the fourteenth amendment from an originalist perspective which is something that was largely ignored by conservative justices of the past and the second justice took issue with that. originalist scholarship is in my forte so i will leave that issue for others with one exception as relates to my entrance of racial classification, even if you adopt the position promoted by defenders of affirmative action and the fourteenth amendment was continued to allow for racial purposes specifically based on race for the formerly enslaved african

also with me, congressional reporter for the washington post, marianna sotomayor. ali, talk to me about what is happening and senator bennett's concerns. >> we thought the house with the hard part of this. we know they have done their piece of this puzzle. we thought the senate was on track to do this in short order, but as is so often the case, one senator can come up the process. and that's what we're seeing right now. typically the way that this works is the senate can go as quickly as all 100, or in this case 99, all of them decide to go. and tights going to be the case if they can get michael bennet back on board. the latest we had heard prior to bennett put in this hold out is that maybe we were gonna say 15, 20 minutes of debate. and then a vote. that's very short compared to health's senate typically does things. it was a sign they are really all in line and i bipartisan fashion to move forward with the stopgap spending -- funding measure. if bennett continues in this way, we are back and the posture of potentially expecting a shutdown. if they're able to a

and even justice sotomayor, i shouldn't left her out. i think she's a very thoughtful jurist who often will engage on the history as well. so let's talk a little bit about a few of the cases, because i think it might be easier for viewers to understand what this book is all about. if we kind of walk what you're doing each you look at 12 cases each. each chapter is a case where. you talk about sort of the background of the case and the parties. the story, the case. and then you talk about the argument and how the case turned out at the supreme court and then with a specific eye toward. justice thomas, i wonder if you could talk about how you define these. how did you decide which cases that you were going to highlight in book? yeah. so as a judge, i think we all appreciate that when we write for more than one meaning, right? a majority opinion, we try to form a consensus. in other words, the writing is not purely our own because there's a back and forth in my mind a very healthy back and forth amongst judges, justices, in reaching consens

. - sonia sotomayor. - oh, yeah, there she is at the top.dge on the supreme court and the youngest in the new york district court. - mariano rivera, so you have some athletes also. - mariano, mo, sandman was the yankees go-to closing pitcher winning five world championships. now, i may be a mets fan, but i gotta admit, he truly is an all-star. - so you see all these different events and protests and symbols that really capture the latino story in the united states. [upbeat latin-tinged music] - when latinos see themselves in spaces like the smithsonian, it gives them a sense of pride and belonging, because latinx history is american history, and latinos deserve a museum to house all their stories, so i'm gonna keep the pressure on till the museum of the american latino becomes a reality. my most important kitchen tool? my brain. so i choose new neuriva ultra. unlike some others, it supports 7 brain health indicators, including mental alertness from one serving. to help keep me sharp. try new neuriva ultra. think bigger. rsv is in for a surpr

that's really more the breyer and sotomayor dissents in case she was really going after the procedural shortcuts because what she was reacting to was that the, you know, september 20, 21 is the end of a month period where the court had been more aggressive and more active in intervening in on the shadow docket through emergency applications to block all kinds of state laws in the covid context, where the court was repeatedly stepping in to block covid mitigation measures in new york, california, you might notice political valence of those two states, right and in those cases, oftentimes running roughshod over procedure obstacles over a procedural sort of issues that should have said, you know, hold your fire supreme court. now, it's the exact same five four majority saying. oh, our hands are tied by this questions. and so can't step in to block to protect roe's inconsistency that she was calling it in a way where the only sort of through line the valence is the partizan valence of the case not any sort of coherent neutral principle. but the last thing to say about that. so you guys mig

. >> given that it's hispanic heritage month, one of my most profound mentors was justice sotomayor. her when i graduated law school when she was on the 2nd circuit, and i believe all that she taught me not only from a academic how to be a good lawyer standpoint, but from a human empathy standpoint, and really paying it forward is an important part of how we all could take part in the community. ♪ ♪ ♪ ♪ >>> are you following "the halftime report" podcast? what are you waiting for? look for us in your favorite podcasting a.pp follow the halftime podcast now. ♪ ♪ it's raising capital to help companies change the world. ♪ opportunity is making the dream of home ownership a reality. ♪ ...and driving the world forward to a greener energy future. [applause] sometimes the only thing standing between you and opportunity is someone who can make the connection. at ice, we connect people to opportunity. ( ♪ ♪ ) ( ♪ ♪ ) ♪ (when the day that) ♪ ♪ (lies ahead of me) ♪ ♪ ( seems impossible to face) ♪ ♪ (a lovely day) ♪ ♪ (lovely day) ♪ ♪ (lovely day) ♪ ♪ (lovely day) ♪ a bank that knows your busine

. >> one of my most profound does sotomayor, i was able to clerk for her.ught me from an academic how to be a good lawyer standpoint but from a human empathy standpoint, and really paying it forward is an important part of how we all partake in a community. ♪ is it possible to fall in love with your home... ...before you even step inside? ♪ discover the magnolia home james hardie collection. available now in siding colors, styles and textures. curated by joanna gaines. >>> welcome back to "fast money." a slew of headlines out of china hitting the air waves as the country prepares to kick off a big week. apple raise concerns over new rules that could restrict foreign apps in the country. china's trade council asking china to reconsider the tech ban. let's bring in cnbc contributor dewardrick neil. great to have you with us. on top of this, president xi, president biden are expected to meet face-to-face some time in november. i'm wondering, how do you read all of this? >> well, first of all, thanks for having me, melissa. i think if you're watching china righ

we have isaac dovere, and eva mckend and marianna sotomayor and heidi pryzbyla. thank you for joining us on this sunday morning. it is interesting when you hear what biden said defending that g20 agreement. because gop presidential candidate nikki haley saw some political opportunity in what happened at the g20. i want to listen to what she said to jake tapper this morning on "state of the union." >> it was a win for russia and china. they're celebrating today. i mean, what we should have had was biden should have really pushed hard to acknowledge what he acknowledged a year ago. that russia invaded a pro-american freedom loving country and that is a fact. and to deny a fact a year later is a win to russia and china is looking at taiwan as this is happening and it is ashame. >> does she have a point? how tough is this for joe biden? >> i think joe biden is playing for an international audience when he's overseas and talking about this relationship with the countries. nikki haley as a problem that she's talking about how this works in domestic politics but within

case now, justice sonia sotomayor in dissent noted that for the service academies, one of the concernscorps did not reflect the racial diversity of the offices that were leading. that caused many problems because the more racially diverse officers were viewed as almost being cannon fodder for the what it is shipped, which was not right for military cohesiveness. it threatened to undermine around forces. >> from a legal perspective, does students for fair admissions have i viable case that can stand up to the rigor of a supreme court review, and can the federal government not make the case that, for national security purposes, with military recruitment at a historic low, it is in the nation's interest to have a diverse pool of applicants at our top military academies? >> i imagine that west point may very well advance that argument. that's the argument that the united states advanced in their amicus brief in the cases involving harvard and u.n.c., but that rationale is being advanced by senior members of the military in that same case. we have seen it in the other cases as well. so esse

. >> one of my mentors was justice sotomayor. i was able to clerk for her. from an academic how to be a good lawyer standpoint, but from a human empathy standpoint. and really paying it forward is an important part of how we all par take in a community. [ weather report announcer ] all flights have been grounded. ♪ i had to escape, the city was sticky and cruel ♪ ♪ maybe i should have called you first but i was ♪ ♪ trying to get to you ♪ ♪ i was dreaming while i drove the long straight road ahead ♪ ♪ i drove all night to get to you ♪ the distance is nothing when home means everything. ♪ ♪ every day, businesses everywhere are asking: is it possible? with comcast business... it is. is it possible to help keep our online platform safe from cyberthreats? absolutely. can we provide health care virtually anywhere? we can help with that. is it possible to use predictive monitoring to address operations issues? we can help with that, too. with the advanced connectivity and intelligence of global secure networking from comcast business. it's not just possible. it's h

supreme court justice sotomayor, nuyorican from the bx. even the very first non-indigenous person to live and work in the island of manhattan in the 1600s was juan rodriguez, a dominicano. mira eso, right from the start, we've been here making this city great. now, i don't know what new york would be without latinos, but it sure as hell wouldn't smell as good, it wouldn't taste as good, and it definitely wouldn't sound as good. that's right, 'cause salsa music was invented here in new york, that's right. [vocalizing along to salsa music] you're welcome. i wanna retrace my steps from queens, where i grew up, all the way to the bright lights of broadway and show you how latinos have contributed to the culture of the greatest city on earf. that's right, i said "earf." and you can't tell latino stories without plenty of good food, music, and dancing. so come on, let's go, let's go. come on. [upbeat music] ♪ welcome to jackson heights. that's right, this is the place where i grew up, where i was formed, where i was shaped, where i was tested. i

. >> given that it's hispanic heritage month, one of my profound mentors was justice sotomayor, i wasircuit. i remember all that she taught me, not only from an academic, how to be a good lawyer standpoint but from a human empathy standpoint, and really paying it forward is an important part of how we all partake in a community. welcome to ameriprise. i'm sam morrison. my brother max recommended you. so my best friend sophie says you've been a huge help. at ameriprise financial, more than 9 out of 10 of our clients are likely to recommend us. our neighbors, the garcias, love working with you. because the advice we give is personalized, hey, john reese, jr. how's your father doing? to help reach your goals with confidence. my sister has told me so much about you. that's why it's more than advice worth listening to. it's advice worth talking about. ameriprise financial. make a splash with the ultimate pool party essential. blendjet gives you ice-crushing, big blender power on-the-go, so you can soak up the sun with a frosty beverage. enjoy 15+ blends before rapidly recharging via usb-c.

you must as a former law clerk to then judge sonia sotomayor, professor of law at nyu and an msnbc legalback ill be right back a dog walking business. oh. [dog barks] no it's just a bunny! only pay for what you need. ♪liberty. liberty. liberty. liberty.♪ it ain't my dad's razor, dad. ay watch it! it's from gillettelabs. this green bar releases trapped hairs from my face... gamechanga! ...while the flexdisc contours to it. so the five blades can get virtually every hair in one stroke. for the ultimate gillette shaving experience. the best a man can get is gillettelabs. ♪ f(man)e ultimate gillette that looks really high. (woman) it is high. whenever you are ready. (man) are there any snakes? (woman) nope. (man) are you sure? here we go! (vo) it's time to push your limits. (man) okay. (woman) you're doing great! (man) oh, is that a buffalo? (woman) babe, that's a cow. (vo) the all-new subaru crosstrek wilderness. adventure on the edge. your brain is an amazing thing. but as you get older, it naturally begins to change, causing a lack of sharpness, or even trouble with recall. thankfully, th

it follows news reports on the travels of justice clarence thomas and the sales of justice sotomayor. university students attended this event. [applause] >> thank you for the introduction and the warm welcome i have received already from your law school. i really enjoyed the day so far and i'm sure i will enjoy this conversation too. >> i'm so grateful you are here. i want to start by asking you, your path to the supreme court ran through academia. you were an academic first. you were the first nominee to the court without prior judicial experience since adjust is 50 years earlier. how does your academic background shape your perspective on the court and do you think it gives you a different perspective than your colleagues? >> the court eventually had many people who have served a great deal of their career in academia. there were all judges and i was not, but justice barrett is essentially an academic and we are the only two on the court now i think, i hope i'm not forgetting anybody. but justice ginsburg, her formative years were spent in academia. club be a law school. justice bre

in which there have been activities undertaken by justices ruth bader ginsburg, justice saundra sotomayor, stephen breyer and others they raised serious questions under the rules and standards that currently exist. notwithstanding those -- in all of those examples, with one glaring exception, i do not think there are any of us in here who would credibly maintain or contend any of those things. any of those issues related to the democratically appointed justices i just mention. or two republicans. none of those things. amounting to something that could, or would, or should, result in impeachment, removal, criminal prosecution or something like that if those things are right, there are remedies to do. that there are ways to remove justice engaged in a high level of wrongdoing. that is not on the table here. this is part of why i maintained the belief that this is a solution in search of a problem. it is a solution that would cause a lot of other problems. the solution that they propose is one that would completely remake, reinvent, the supreme court. it would reinvent the litigation strateg

gabe, safe to assume that kagan, sotomayor and jackson are for more ethics.that block? >> yes. >> oh, wow. anybody else? >> so i'm having some trouble beyond the five. i think there's some -- you know, it's interesting. "the wall street journal" reported in 2019 when this was being talked about, the head of the office of the court, justice alito made edits to that document. so i think while we all think, okay, alito might be against something, at least he's been engaged on this. we haven't seen any engagement on thomas in this area. barrett hasn't mentioned this head-on in her public appearances. so i don't know if it's necessarily 7-2 or 6-3 or 8-1 right now. but historically, look, in recent history, the justices have all acted as a team of nine when they changed internal policy. historically, justices, whether it be chief justice warn burger being the first to say okay, we're putting out our financial statements before that was passed. he said okay, we're putting out our financial statements. he said that unilaterally. so i think that chief justices can ac