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sherrilyn ifill and mark joseph stern, great to have you here for your perspective.about president biden and what the party can do about it. maryland governor wes moore joins me coming right up. so, i take qunol magnesium to support my muscle and bone health. qunol's extra strength, high absorption magnesium helps me get the full benefits of magnesium. qunol, the brand i trust. only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine. memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our 4th of july sale. visit purple.com or a store near you starting a business is never easy, but starting it eight months pregnant, that's a different story. with the chase ink card, we got up and running in no time. earn unlimited 1.5% cash back on every purchase with the chase ink business unlimited card from chase for business. i'm sam, i have a three and a half-year-old puppy. chase ink business unlimited card levi is rambunctious, he's very active. so, levi's had to go to the

back with me are cheryl lynn ifill and mark joseph stern, writing for slate magazine.as and justice alito ruled on this despite the fact that justice alito had insurrectionist flags flying over two of his sons, and justice thomas's wife helped shape the effort to overthrow %-úshould we be surprised by anything at this point? >> no, in a system with even moderately functioning judicial ethics, boast of those justices would have recused from this case and the trumpet minority case the court will decide on monday, but i guess i also want to take another step back and just note, alex, this is a supreme court that upheld last year that criminal defendants who are literally and demonstrably innocent of any crime can be held in prison for life in accordance with due process. this is a court that just this morning held that states can, in accordance with the constitution, criminalize homeless people and jail them for not having a place to sleep. this is a court, specifically a conservative super majority, that is extraordinarily hostile to the mine run of criminal defendants w

joseph stern joins me on that, next. ♪♪ chewy, a citi client, uses citi's financial expertise to helpwth and keep its supply chain moving, so more pet parents can get everything they need... right when they need it. keeping more pets, and families, happy. ♪♪ for the love of moving our clients forward. for the love of progress. if you spit blood when you brush, it could be the start of a domino effect. new parodontax active gum repair breath freshener. clinically proven to help reverse the four signs of early gum disease. a new toothpaste from parodontax, the gum experts. - [narrator] life with ear ringing sounded like a constant train whistle i couldn't escape. then i started taking lipo flavonoid. with 60 years of clinical experience, it's the number one doctor recommended brand for ear ringing. and now i'm finally free. take back control with lipo flavonoid. >>> it has been 192 days since jack smith asked the supreme court to decide trump's question of presidential immunity. the question has effectively paused smith's federal election interference case. been 56 days since she heard

jill wine-banks and mark joseph stern are back with me. what do you think of this ruling?e supreme court. this was decided on a procedural standing issue, that the doctors did not have grounds for proceeding. so it will eventually get back to them. it is off now, but it will get back up and people will continue to die and there is no other way of putting it. people are dying because of this and doctors are fleeing the state because they don't want to try to practice medicine in a place that doesn't allow them to use their medical judgment to take care of people under emergency treatment and labor act, which says you have to stabilize■ç someone so you don' die and that is what is happening here. this is all predictable in the same way that challenges to, for example, contraception and marriage will go away if the court continues on its current path. >> you wrote how the supreme court decision reeks of cynical compromise secured by the more tactical judges to push the explosive issue past this fall's election. i want you to elaborate because what jill said is because they're

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lisa and mark joseph stern, thank you for your time tonight. >>> coming up, the gaslighting continues as republicans vote to hold attorney general merrick garland in contempt of congress. >>> but first, new secret recordings have given us insight into the real thoughts of samuel alito and his wife ma that are ann. i'm going to speak to the neighbor at the center of a verbal altercations with the alitos outside her home and made the story about her flags a national scandal. that's next. t her flags national scandal that's next. children are the greatest joy and our best hope for a better future. friends, they are the future. but did you know that millions of kids right here in our own backyard are facing hunger every day without healthy food? it's harder to grow, to thrive, to feel their best. the impact when children don't have enough to eat is tremendous because when you're hungry and your basic needs aren't being met, you cannot learn. that's why i'm here now, asking you to join me in helping end child hunger in america. this is a problem we know how to solve, and we can do it bette

joining us now is the guru, senior writer, mark joseph stern.need to add that to your bayou. >> the question, i think, remains for a lot of folks, that it is very obvious that this supreme court, we've got 13, 14 decisions left, something like that. that is based, certainly, the immunity case is what everyone is looking for. this is a process that could have been taking care of way earlier. what are you hearing in reading in the supreme court's lack of urgency, with respect to something that is very, very important. people are making decisions about their decisions. >> absolutely. the supreme court is slow walking the trump immunity case in a way, intentionally or not, has made it complicit in the former president's bid to delay his trial bullied beyond the election. and of course, if he wins, they could have easily resolved this case in february when the supreme court issued a strong decision. the supreme court could have simply said, we agree or a could have refused to take the case. instead, it took the case on a not very fast paced schedule.

mark joseph stern, thank you so much.e cases out the ones that he does not like, the ones that aren't state cases. >>> and what we learned today when beau biden's widow took the stand in the case against hunter biden. it was really emotional and quite taxing. >>> first, though, honoring the heroes of d-day. what the president did today, what he said today to mark this anniversary in particular. undo , with the pepto that's right for you. ♪ pepto has berry fast melts ♪ ♪ cherry chewables ♪ ♪ liquicaps ♪ ♪ that make relief easy. ♪ ♪♪ ♪ pepto bismol. ♪ pick your pepto. nothing dims my light like a migraine. with nurtec odt, i found relief. the only migraine medication that helps treat and prevent, all in one. to those with migraine, i see you. for the acute treatment of migraine with or without aura and the preventive treatment of episodic migraine in adults. don't take if allergic to nurtec odt. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. it's tim

mark joseph stern, thank you again for your time.ge about what is a broken, broken court. thank you, my friend, for joining me tonight. >>> we'll be right back with my colleague, joy reed, coming up next. and the chance at clear or almost clear skin. it's like the feeling of finding you're so ready for your close-up. or finding you don't have to hide your skin just your background. once-daily sotyktu was proven better, getting more people clearer skin than the leading pill. don't take if you're allergic to sotyktu; serious reactions can occur. sotyktu can lower your ability to fight infections, including tb. serious infections, cancers including lymphoma, muscle problems, and changes in certain labs have occurred. tell your doctor if you have an infection, liver or kidney problems, high triglycerides, or had a vaccine or plan to. sotyktu is a tyk2 inhibitor. tyk2 is part of the jak family. it's not known if sotyktu has the same risks as jak inhibitors. find what plaque psoriasis has been hiding. there's only one sotyktu, so ask for i

as mark joseph stern put it earlier this month in slate, supreme court's june opinion dump will be devastatinganks for being with us tonight. when you walk through the dates as i just did, it becomes additionally jarring that we do not have a decision here. >> it is an indictment of the supreme court itself that we are sitting here at the end of june and there is no sign that the justices will hand down a decision in the trump immunity case. before the very last opinion day which could be june 28th or july 1st. they rushed out their decision allowing trump to remain on the ballot in colorado in record time. when his rights were implicated, they easily got this decision out in favor of him. but now in this incredibly important test of accountability for an allegedly criminal former president, they are running out the clock. it is important to remember, even if the supreme court somehow grants a clean win to jack smith at this point, it will still be very much a loss for smith and for the country because by inserting this extraordinary delay, the justices have pretty much guaranteed that trump w

joining me is mark joseph stern, senior writer for slate and leah littman, professor at university ofhigan law school and former supreme court law clerk, who is also co-host of the podcast, strict scrutiny . thank you both very much for coming to the saturday show . leah, let me go back to something you wrote in the new york times, there are explanations that have nothing to do with politics for why a ruling still has not been issued in presidential immunity case. what could those explanations be? >> possible good faith explanations include things like the case was argued in april, the supreme court still has cases outstanding from when they heard arguments in december. yesterday it had solved the case argued in november so it is not surprising argued in april falls at the bottom of the barrel as far as cases that end up resolved closer to the term. there are also so many reasons to think and efficient to explain what is going on, in particular how they solved the colorado case for donald trump to be on the ballot in time for super tuesday and did so within 50 something days of decidi

i want to come to you quickly, mark joseph stern, because there are no judges on this list, but theye. you have politicians who are essentially paying, being paid, at least their pacs are being paid, their campaigns are funded by billionaires and then you have these judges. you go all the way up to the supreme court. that feels like pay to play as well. >> absolutely. some of the conservative justices might as well have exxonmobil stitched across their robes like they're race car drivers. these justices are doing everything in their power to make it impossible for the government to fight the climate crisis. just a few years ago, hobbling joe biden's ability to cut carbon emissions from some of the dirtiest power plants on the planet, now poised to issue decisions for the epa to bring regulatory action and penalties against big polluters who are poisoning our air and water. the judges are doing the dirty work of politicians because politicians realize it's pretty unpopular for them to go out there and say hey, these gas industries and oil industries and polluters deserve every right t

renato and mark joseph stern.o much always a pleasure to speak to both of you. >>> next up florida's governor will ensure a former president convicted of felonies can vote in his state while simultaneousmaking it harder for floridians to even register. that's next. (restaurant noise) [announcer] introducing allison's plaque psoriasis. she thinks her flaky gray patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. allison! over here! otezla can help you get clearer skin and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing otezla for over a decade. otezla is also approved to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts or weight loss. upper respiratory tract infection and headache may occur. ♪♪ [announcer] with clearer skin girls' day out is a good day out. liv

as mark joseph stern writes, the justices are preparing to hand down 14 extraordinarily high profile opinions, triple or quadruple the number of an ordinary term. it should be said that even in cases where the court did not immediately hand a victory to conservatives the justices have signaled that they might do so in the very near future. yesterday the court unanimously decided not to curtail access to one of the most widely used forms of abortion in the country. but, they ruled so on purely procedural grounds. not on the merits of the case. and that in term allowed justice clarence thomas to offer a path way to try again later. to come back next term with changes in the case that would make the court's conservatives more receptive to their fundamental the áp argument. hint, hint. in the end all this roberts court needs is to enact laws despite whatever american residents have to say about it. joining me, michelle goldburg, an msnbc political analyst. i know it's kind of a lot to deal with on a friday night, michelle. but i was really struck yesterday by the reaction in and around t

>> joining me now mark joseph stern, senior writer at slate magazine covering the courts. mark, i was very interested in what this neighbor had to say, first of all, because her account differs from that of the justice, which seems significant. but also, you know, there's been a lot of talk about him recusing himself, and today justice alito did recuse himself on a minor case relating to chapter 11 bankruptcies. can you talk about the sort of dissonance there between his desire to recuse him from one case that has nothing to do with the major, major scandal that surrounds him right now? >> yeah, so justice alito is one of a few justices who owns individual stocks and still trades those stocks as we all discovered when chris reported that he had sold off stock in bud light during the controversy when bud light had a transgender spokeswoman, and he recused himself from a decision today almost certainly because of his ownership of some individual stock, probably a small amount, a few thousand dollars, almost as if to say, yeah, i can do this when i want to and to remind us th

for more let's bring in mark joseph stern, a writer covering courts and the law at slate and george conwayth us. mark break this down, if it is the final decision, what does it mean for abortion in america? >> it means very little, probably across the country. it would only mean that in idaho, women well in theory, be able to terminate their pregnancies when they are experiencing medical emergencies that are serious but not yet directly life- threatening and that is because in this draft, a majority of the court lifts a stay that it had previously imposed on an injunction protecting women in idaho but there are at least a half-dozen states with identical laws that bar abortion and pose criminal penalties unless a woman is on the brink of death. this decision if it's the final decision, will have zero impact on any of those other states. they include states like texas which are in the fifth circuit court of appeals and the fifth circuit had already said it rejects the biden administration's reading and it thinks that states are well within their rights to force patients to undergo life- thr

. >> mark joseph stern. senior writer covering the courts and the law for slate magazine. thank you so much for taking the time tonight. >> thanks. >> that is our show this evening. now it is time for the last word with laura haefeli. good evening lawrence. >> good evening alicia. we have dr. anthony fauci joining us tonight. he will never be thanked enough for the lives he has saved including our own for all we know. with the covid vaccine but i'm going to try. i will spend some time trying to thank him enough. >> trying to thank him, thank him on behalf of all of us. >> we will. thanks alicia. thank you. >>> well, there will be a parade tomorrow for this year's nba champions, the boston celtics. we give our heros parades. and the early days of space travel, we gave astronauts parades. but then we shot so many astronauts into space and even to the moon we stopped giving them parades. we took space travel for granted. it was no longer the stuff of heroism. our most important heros have always been taken for granted. i am talking about the most important work a human being

condron as best and joseph stern as well. it feels to me like this is like a signal.s decision case before the dobbs case and they spent that pay costs caseback and then one year later the dobbs decision came down and this feels to me like that. >> you have not seen the end of this case. we will continue to see challenges. justice brett kavanaugh kept the door open and said this decision does not mean that nobody out there lacked standing to challenge mifepristone but that these particular doctors and dentists antiabortion doctors and dentists do not have standing because they don't prescribe abortion pills, they don't treat patients who take abortion pills, they just have no skin in the game and i will note that in the lower court you might remember about one year ago it was judge matthew kaczmarek who issued the nationwide ban on mifepristone. he has already allowed three red state to intervene in this case as new plaintiffs so there is a very good chance that we will be doing this all over again and he will say these new play tends -- plaintiffs have standings and

and with me is mark joseph stern. senior writer who covers the courts and law at slate magazine. thank you both for joining me. let me start with a piece you have out today in the times. you know an array of conservatives has openly embraced the idea that american democracy has to be guarded guest the rise of secular culture. i don't think it is an exaggeration to suggest that strain of conservatism now seems to dominate the supreme court as well. do you think that is far off? >> part of what we document in our book is that latter part of the title. the rise of a new america. and what that really is about is the radicalization of conservative christians and we have seen some of that coming out of these tapes from the court. but i wanted to draw your viewer's attention to another story today which was that the southern baptist convention which represents the largest protestant denomination in the country. 13million church goers came out and said they oppose ivf. so this is a fairly radical statement for that group. and we are seeing this kind of return to these christian conservat

and with me is joseph stern, senior writer who covers the courts and law at slate magazine. thank you both for joining me. lisa, let me start with a piece you have todayec out in "the times." you note an o array of conservatives including anti-abortion activists, church leaders, and conservative state legislators has openly embraced the idea that american democracy needs to be guarded against the rise ofgu secular culture. that strain of conservatism now seems to dominate the supreme court as well. do you think that's far off? >> look, part of what we document in our book "the fall of roe and the rise of a new america" is the latter part of the title, the rise of new america. and what that ise he about the of conservative christians, and we've seen some of that come out ine the tapes. the southern baptist convention, which represents, you know, the largesth protestant denominati in the country, 13 million church goers came out and said they oppose ivf. this is fairly radical statement for that group, and we're seeing this return to these christian conservative cultural value

let's discuss with mark joseph stern and professor anthee ya butler, she wrote white evangelical racism: the politics of morality in america. mark, let's start with you, were you surprised? >> i was not surprised, the supreme court forecast the decision. it seemed clear that a healthy majority was not going to tolerate the shenanigans that the lower courts engaged in with this case. this was always a ludicrous theory. they do not prescribe mifepristone, the abortion pill. they claim that they are worried one day they will have to treat a patient who was prescribed mifepristone by someone else and that they oppose ever having to treat someone who has complications because of an abortion, but the supreme court said unanimously, look, guys, you don't have a right to get into federal court unless you have an injury a real, concrete injury that's guaranteed to happen. and you just can't show one here. so i think the court did a good job narrowing what could have been a very big issue. >> okay, but they've narrowed it, but what about when someone can come up next and fit through that hole, ri

one of your critics out there, so one who covers the court with me mark joseph stern wrote this he saysascinating to hear the gop speaker the house admit to having private conversations with multiple justices who expressed concern to him about trump's conviction. i'm sure the justices will recuse from any eventual appeal to be on a case they have prejudged. i didn't thank you meant that specific conversation but i want to give you a chance to clarify. >> no, thank you. of course i haven't had conversations with the justice isn't just another character and personality and what they have set in the past. they are deeply concerned as we are about mounting -- maintaining our system of justice. you walk into the supreme court building you and i know chiseled on the marble equal justice under law. we're concerned about maintaining this idea, we all are. it's a necessary ingredient for constitutional public and that's what i was referring to. i think they are concerned about using courtrooms for politics. we all are. we all should be. that's about was referring to and i think in there heart of

. >> mark joseph stern covering the slate magazine, thank you for taking the time tonight. that is our show for this evening. "way too early" is up next. >>> more national polling is swinging in president biden's favor as we move closer to next week's debate. we'll go through the preps for both candidates. >>> also ahead new reporting on judge aileen cannon's refusal to recuse herself from donald trump's classified documents case despite recommendations to do so from two other federal judges. >>> and democrats are targeting a 150-year-old law in their latest effort to protect reproductive rights nationwide. >>> all right, good morning. welcome to "way too early" on this friday. thank god, friday. june 21st. i'm sam stein in for jonathan lemire. for the first time in months president biden has overtaken donald trump in national polling averages. according to the poll aggregate site, 538, biden took a 0.8% lead in the race yesterday. that is the first time biden has led at least since march, which is as far back as the website's tracker goes. the change comes after a series o

joining me now, mark joseph stern, senior writer for slate, and leah lippmann, professor at universityf michigan law school at former supreme court law. clerk, who has also coast cohost strict scrutiny. thank you very much for both for coming to the saturday show. leah, you wrote in the new york times, there are of course explanations that have nothing to do with politics for why a ruling still has not been issued in the presidential immunity case. what could those explanations be? >> so, possible good-faith explanations include the cases argued in april, the supreme court still has cases outstanding from when they heard arguments in december, just yesterday it resulted case that was argued in november, so it's not surprising a case in april would fall to the bottom of the barrel as far as cases that end up being resolved closer to the term, but there are many reasons to think insufficient to explain what's going on here given how quickly they were solved with colorado 's case in favor of donald trump. there they quickly restored donald trump to the ballot in time for super tuesday, an

. >>> joining me now is george washington medical school professor and mark joseph stern is back withhe supreme court do here on this case? why does it not actually protect pregnant women? >> all the supreme court did was send us back to the lower courts and say, we intervened too early, sorry about that. continue discussing this issue and we will deal with it down the road, maybe after the november election. the court also list lifted the state it in post, in doing so, extensively will allow for certain emergency abortions in idaho. just as amy coney barrett wrote a concurrent suggestion, she is not sure it will have that effect. what this does is ends up creating a lot of uncertainty and maintains the chaos on the ground for the states. >> i want to read you this from justice ketanji brown jackson. we have squandered it. for as long as we refuse to declare what the law requires, pregnant patients in idaho, texas, and elsewhere will be paying the price here tell me, to pay the price, what does that look like? >> this is an extremely unfortunate situation justice ketanji brown jackson

joining us now is legal correspondent lisa rubin, senior writer mark joseph stern, and law professor and global health policy and author of "policing the woman" michelle goodwin. we have a copy of the decision ourselves now. and lisa, i want to get some logistics out of the way. this copy, and it looks like this, does not look like a normal copy of a ruling we get from the supreme court. what does that tell us? >> it tells me it's not fully baked. it hasn't been typeset, it hasn't been put into the format we pra traditionally expect from the supreme court. there's some steps that had to be taken before this document could be converted into an official supreme court opinion. that doesn't mean that the document is phoney. in fact, the court itself has released a statement saying its publications unit inadvertently posted this today. they are not saying it came from outside the court or not a court document, but what this shows me is we're a few steps short of an official court document. >> they are saying that the ruling will come in due time. they are going to make the ruling. i don't

joining us, senior writer mark joseph stern.ordings and what does it say about justice alito's ability to be impartial? >> well, frankly i'm not sure that the recording of justice alito tells us anything we didn't already know about him. in an extraordinary and controversial speech in rome in 2022, shortly after he overturned roe v. wade, he explained that he essentially views the world, and especially the united states, as a battle between the godly forces of christianity and the sort of heathen forces of secularism. and he derided the, quote, new moral code that had come to allegedly suppress the freedom of christians in america. his comments made at this recent event on a hidden microphone track with that closely, and they suggest that justice alito really views himself as a warrior in this battle. he does not purport to be a neutral observer, he's not just commenting. he himself wants to actively fight to promote christianity, and in the speech that i mentioned, he said it's not enough for us to make people respect religious

joining us now, senior writer who covers the supreme court and that's mark joseph stern, also msnbc legalpondent lisa rubin. lisa, we saw you scribbling all over this decision as i was reading my intro. what were you writing down? >> one of the things that struck me about this decision is what it says for the future of abortion cases and not just on the antichoice side. but where it comes to doctors who have traditionally been the litigants in cases where women themselves are trying to get greater access to abortion. the reason that doctors have traditionally been plaintiffs is because pregnancy is short. it lasts for nine months and therefore it is very unlikely that the whole throughline of a litigation can happen while an individual woman is pregnant. and at the end of her pregnancy, guess what happens. she doesn't have standing anymore because her injury is past. it is not actual or imminent. so there are some really bad warning signs here for women whose doctors have been their advocates and pro abortion litigation, here's why. the court is saying in a footnote here, the third party

well, joining us now, slate senior writer who covers the supreme court, mark joseph stern.ast week, in fact, justice thomas amended his annual financial disclosure report, now acknowledging a pair of trips in 2019 with crow that correspond to pro publica we learned last year. what is this all about? >> we are learning that harlan crow, the gop megadonor lent out his private jet to clarence thomas, even more than we previously thought, and it seems that harlan crow and clarence thomas can't get their stories straight. even after thomas issued those amendments, we're uncovering more interactions and gifts that were bestowed upon the justice that he now claims he didn't have to report. but i just want to be clear, you know, the personal hospitality exemption. it was a loophole, the judicial conference closed or tightened it. even when it was broadly worded and clarence thomas was trying to exploit it, it really clearly did not cover taking somebody else's private jet to go on your own trip. this idea that he didn't have to disclose the justice on his ethics forms, the fact tha