, we know that justice anthony scalia was approved unanimously by the senate, justice ruth bader ginsburg, i think there were three "no" votes against her. those days are over and now the supreme court is just treated as another political prize by the two parties. we saw that after the death of scalia in 2016, when republicans wouldn't consider any nominee by president obama, and we saw that again more recently in 2020 when justice ginsburg died and republicans rushed to confirm amy coney barrett to her seat shortly before they lost control of both the white house and the senate. so, now, we have three justices who are in their 70s and both democratic and republican activists speculated that it would be an opportune time for them to find other hobbies, rather than judging our nation's laws. and immediately, it was liberals who talked about justice sonja soda mayor the member of the liberal walk of the court, seven years old appointed by barack obama in 2009, so if she were to step aside in theory, the democrats, president biden, could nominate a successor, democratic senate could confirm

. >>> the supreme court justice, ruth bader ginsburg has died at the age of 87. >> september 2020. >> we love you, minnesota. you're great. >> when news broke of justice ginsburg's passing, donald trump was rallying crowds in northern minnesota. >> it was this surreal moment where the president of the united states is on stage and has no idea that this seismic event has just occurred. >> she just died? wow. >> almost two hours later, trump would find out. >> finding out for the first time. she led an amazing life. >> blue jean baby is playing in the background, and he kind of takes on this solemn tone about her passing. >> i'm actually sad to hear that. >> but clearly and almost instantaneously, his aides inside the west wing and republicans on capitol hill were gearing up for what they knew would be a fight to get a new supreme court justice nominated and confirmed. >> a fight because ginsburg's passing was so consequential. >> it had seemed clear that chief justice john roberts had openly expressed his belief that precedent bound the court to move slowly. and that made it seem unlik

joining me is jody ginsburg, ceo of the committee to protect journalists. great to have you back.eek when he demanded republicans kill this bill. how important is this bill for the safety of journalists and how concerning are trump's reactions to all of this? >> it's really important. there is no federal level shield law. 49 states in america have some kind of protection for journalists and their sources to protect those sources so that we have access to information in the public interest. you think about public interest stories like flint, michigan, water in flint, michigan, the toxins in there, stories about individuals like the republican senators and the democratic senators exposed as corrupt by reporters. all of that is essential that we protect them. and so it was a little surprising to hear donald trump's reaction to my comments on monday because this is how bipartisan support, this isn't a partisan bill. this has had bipartisan por from the beginning. it just needs to pass the senate, but now it look like it won't, and without it we may see many more actions, many more jou

ruth bader ginsburg, she decided not to do this. they tried to push her out.. sonia sotomayor is 70. she is young. she is saying let's do this. do it during lame duck replace her with a younger democrat. >> yeah. ainsley this there are all kinds of potential risks to this. justice sotomayor has not signaled she wants to go anywhere. recently in arguments she seems completely engaged and up to her normal self-for this job. you know how this works. sometimes the public pressure as it did with justice ginsburg has the opposite reaction people anything and don't want to go anywhere. it's very tight in the senate. you could lose, depending on who president biden would nominate if you could convince justice sotomayor to retire. you know, you could use a joe manchin, a lisa mur cow city a susan collins. this is so tight i don't know if democrats want to take that risk. she seems like she would be health and intellectually she would be fully equipped to go another four years. i think she probably gig digs in. >> ainsley: i would think. so no senator seems to be offeri

ruth bader ginsburg was all there in her mind up until the end. she was 87.ad a lot of health problems and health issues, and age and health are sometimes correlated. that is what people are talking about. supreme court justice to serve for life, so when you talk about the supreme court, you are looking at the geological timescale opposed to the political cycles of the house, senate and white house, which turnover with regular frequency. that is what we are looking at. justice thomas has been there since 1991. that is a long time on the supreme court. since these vacancies occur so rarely and can occur without any planning with the unexpected deaths of justice scalia and justice ginsburg, people who care about the ideological direction of the court are making these calculations. the justices, we don't know exactly how much they are calculating, but they don't like this kind of talk. one of the influential people on the right, under dileo, who advised president trump in the first trump administration on his appointments, and remains a powerful figure in the co

it's actually a quote from ruth bader ginsburg. but the reason i loved it so much was because to me, the legal relationship between the u.s. and puerto rico does create this kind of in an unknown, intelligible sort, untenable, never, never land where puerto rico is a unincorporated territory. so you asked me about danzy bedwell in particular. this is this 1901 supreme court case that tries to answer the question, what is this place? right. it's after the u.s. first acquires its overseas territories, guam, the philippines is with the rico. cuba and the question is now, what do we do with these places? right. we have these places. they're mostly populated with people who are not speaking english. right. many catholics, which at the time, you know, not seen as sort of white, a similar ball. people. and so it's really question of these folks are mixed race and they're not they are decidedly not so how do we establish some sort of relationship and so there's series of cases called the insular cases from this early early period. and they

you know, i think about a ruth bader ginsburg, for instance, you know, growing up in a community in flatbush, brooklyn, really of holocaust survivors at a time when so many jews across the world had just been devastated uh by the events of the holocaust and to be part of a community and eventually go on to be her high school valedictorian and go off to school and eventually uh to law school and emerge as one of the brightest stars of her law school class. but then couldn't get hired by a traditional law firm and went on uh to practice at the highest levels of advocacy a eventually on the supreme court, yoknow, that's part of the resience of the american journey. d john lewis, uh of course, a grt american, you know, i'll never forget on the floor of the house. i ran into john lewis,ou know, we get to serve with these legeary figures and i, i saw john lewis on the floor myirst day and uh and somehow i made my waover to him and he says, are you the new guy? i said, yes, sir. anyone with sense called john lewis, sir. he said you're from brooklyn right now. i have tadmit liz, i was tempted to say

or even, you know, antonin scalia being very close, his best friend on the court was ruth bader ginsburg. and there are photos of them going on safari together. one including on an elephant. this is an incredible photo uh of their actual partnership. i found it interesting that they were on an elephant that must have been scalia's idea. but um i, i think there's a long tradition of that that people can lean into. >> there are a number of questions about the policies that the president elect is proposing to make significant slashes in the federal workforce to potentially move agencies outside of washington. um and let me preface that by saying, you know, i think that there are very significant places where you could find spending savings, but many of the proposals that are being made seem to be unconnected to reality. but i want to ask you about, about the role that you see for congress and in particular, um there's been a subcomittee that's been set up in. uh and, and like, definitely it's guaranteed for success because marjorie taylor green is the chair of the subcomittee. but, but i'm

of women to the virginia military institute, justice o'connor immediately suggested that justice ginsburg write the landmark if discrimination opinion instead. and she said this should be ruth's. she was a connector for all of her colleagues. she got the supreme court justices to have up lunch together, and they still credit her with that tradition. she set an example for how to engage with other people and sometimes find your way to a compromise. she was so vibrant that losing justice to goner even after -- o'connor even after a her long illness felt at first as though a light had gone out. i am grateful to have had the chance to stand in a little bit of that light for a little bit of time alongside my co-clerks. it was an extraordinary blessing, and i know that i am only one of so many because her example was amplified over thousands of people who knew and loved her. at a perhaps a disspiritting moment in our civic discourse, a spark of her optimism is a light that she left on. and that is icivics. she founded this resource to teach about the protections in our constitution. she wanted

let's bring in republican election lawyer ben ginsburg to talk more about this. good morning. you're just the person we want to be talking to here. a day out, especially since we're already hearing the former president raise all of these questions about the process. what are you expecting over the next couple of days from him and what are you focused on thinking about? what should people be aware of as they head into election night wondering when we might know the results. >> two things to keep aware of. number one is you've heard this rhetoric before. precisely what donald trump said in 2020. his campaign filed numerous lawsuits and held numerous press conferences to talk about the fraud in pennsylvania. at the end of the day they found absolutely none in any of the court filings that they made. that's important to remember. that rhetoric is likely to continue. they do use paper ballots in pennsylvania. it was donald trump's campaign that asked for the extended voting hours in the philadelphia suburbs. so that's the sort of voracity behind that rhetoric. in terms of election

. >> the ghost of ruth gader ginsburg looms live.ling for her to step down now it doesn't make a lot of sense. takes months to replace a supreme court justice and doesn't appear they actually have enough time. the liberal bloc is only three justices right now. sotomayor is 70. type one diabetes and doesn't appear to be slowing down. if she wants to conserve the liberal bloc stay in good health four more years, at least. more sense calls bubbling up for conservative justices to step down. president-elect trump coming in and not surprising that people would call for some of the older justices. justices thomas, alito, to step down so trump can name a younger successor and secure that conservative bloc. you and i both kovg -- covered this, stacking the justice, and the super majority on the supreme court. the supreme court justices are not like other people. calling for them to step down can backfire. saw it with justice breyer. trucks around town, signs calling for hem to step down and he waited two years to do that. interesting, leonar

the ghost of ruth bader ginsburg looms large here. remember with justice breyer. him to step down and he took two years before stepping aside. could be a three- dimensional chess not wanting to pressure the justices. the goal, maintain super majority as long as possible. in talking to sources it's clearly oh clear, pressuring them. look, don't do that. a strategy when it comes to the court. see fe the calls get louder as trump gets closer to inauguration day. >> i feel 70 is young, but -- everything is relative. who is -- when people are talking about her stepping down who are they suggesting replace her? >> for sotomayor a list of people on the short list the last vacancy. no one that's actually involved in building those lists seriously thinks she's going to step down and the bigger question, who could trump appoint to replace either alito or thomas. remember the first time trump ran released a list of names that caught a lot of people's attention. asking for the list. paula, the judges he appointed to courts of appeals. look on the bench. kind of know the short

created by the death of justice scalia was not failed for almost 10 months, and then when justice ginsburgd , he made sure that vacancy was filled within days a nomination was made and then within weeks it was filled. it depends a great deal who is in charge of the senate. the senate will be in republican hands for the next two years and if you look at the -- if you look at who is up, the likelihood is that the republicans will continue control of the senate, at least that is the way it looks tentatively for now for a great deal can change. >> what you make of this big dream a mayor retiring and replacing her with a much younger justice in this limited amount of time they have yet before trump takes over? >> never say never, but i wouldn't bet the farm on it. i wouldn't bet a $10 bill on it. >> fair enough. >> i actually spent a fair amount of time before the election trying to figure out what would happen if either side, when, whether it was harris or trump , and i spent a lot of time talking to conservatives who our friends of justice thomas and they don't think that he is going anywhere

first of all ruth bader ginsburg was in her 90s. >> greg: i think he's right. hear me out.re are people in the media blaming sexism and racism but if they had followed thesete la and on thees right thing the 25 amendment because joe was incapacitated she would have been the first black female w president it would've been historic but we know he is not presidency is incapacitated he is incapable n and so all of these people that are blaming racism and sexism should demand that he resign so she can assume the duties unless you are racist and you are misogynists.ou if you are racist and a misogynists for not applauding this idea. joe biden should resign she shouldit be made president if y don't do it you're a racist misogynists. >> jeanine: the amazing part is they are worried about how she is going to feel. she deserves like a feel bitter kind of thing. >> absolutely does not deservet that and if offered this she should reject it. and say i did not earn it. >> communications director does that make sense now?or, >> it just takes you inside the mind of the democrats so what th

we all saw with ruth bader ginsburg did to build her extraordinary career, creating an amazing legacy. ever to it all washed away by sticking around too long and as someone who believes so deeply in term limits, creating space for other americans to participate, and recognizing the consequences of sticking around too long, if the supreme court justice sotomayor, her health situation is different than some may recognize, i would hope that she would proactively step aside so yes, joe biden can appoint, at least try to, appoint somebody else. we have fallen short way too many times. we democrats, by frankly, sticking around too long as evidenced by joe biden himself. so yes, we do have an issue. if her next four years makes the circumstances complicated. it should be her decision. i wish more people in positions of power would ultimately put the country ahead of their self-interests. if we did, we would be at loe better off on both sides of the aisle. >> i appreciate your taking the time as always, telling it like you see it. great to see you, sir. >> thank you. be well. >>> next for the

contends with well serving on the bench, but, i don't want justice soto mayor to be another ruth bader ginsburg in terms of staying too long. >> democrats, snap out of that one. she is staying put. next fantasy? president biden resigns allowing vice president kamala harris to ascend to the white house. >> there's one promise left he can fulfill, he can resign the presidency in the next 30 days. make kamala harris the president of the united states. he would absolve him from having to oversee the january 6th transition, of her own defeat, and it would make sure that it would nominate the news at a point where democrats have to learn drama and transparency and doing things for the public. >> again, democrats, you might want to wake up, that's not going to happen but it would force trump to throughout anything with 47th president on it. there's one more idea. a shadow government similar to the uk. a group of lawmakers that mirrors the cabinet and publicly challenges them. say senator elect adam schiff , as shadow attorney general, congressman gregory meeks, secretary of state or colorado senator m

i don't want just a soda mayor to be another ruth bader ginsburg in terms of staying too long. what does this mean for the court? the court to 6-3. if we are able to replace it with a biden justice it would still be 6-3. the possibility of justice soda mayor having to resign or retire in the next four years is extremely high. you couple that with alito and clarence thomas , that means you go from a 6-3 court to 7-2 court in terms of conservative versus liberal. i hope joe biden makes the next 10 weeks as consequential as he can't be at i don't care about drawing outside the lines of what republicans may think, this is within your purview you can do it and you should do it. one more thing, you had a of a vice president who has a legal pedigree to sit on the supreme court and let republicans go crazy and even mentioning that option. >> are you floating this? 7:39 a.m. , you just floated molly harrises name as a potential supreme court nominee. >> not only am i floating at i want to stir up everything. i want people's heads to explode so we go into the weekend just knowing the cha

they want to throw joe under the bus, first of all ruth bader ginsburg was in her 90s, wasn't she?>> i think he's right. hear me out, there are people in the media that are blaming sexism and racism for harris being rejected but at the democrats had followed the law and done the right thing which means the 25th amendment because joe was incapacitated she would have been president, she would've been the first black female president, it would've been a historic first but they didn't and they should have. he's not president now he's incapacitated he's incapable of thinking. all of these people who are blaming racism and sexism should demand he resign so she can assume the duties unless you are racist and you are misogynist. jessica you are racist and misogynist for not applauding this idea. joe biden should resign right now she should be made president if you don't do it you are a racist misogynist. >> jeanine: the amazing part of it is they are saying they are worried about how kamala is going to feel. having lost she deserves a feel better kind of thing -- >> she actually does not d

death or serious illness and even if we go back just four, there were two deaths with ruth bader ginsburgnd khalia and most justices in the modern era have left in their 80s so provide a little bit of a reality check for this part of the segment and even though donald trump has already had such a strong hand on the supreme court pointing people who enhance gun rights or diminished reproductive rights and federal regulatory power , we do have to wait and see if any justice actually does lead and gives him a chance to fill another seat. >> you have interesting new reporting on the youngest justice amy coney barrett. how is she being viewed by her colleagues ideologically? >> sure. when i talk about who has come on the court in recent decades, when you go back and look at her republicans have been able to staff this court, liberals have always been searching for a center and over the last 20 appointments the republican presidents got 15 of those in democrats only got five. so there has always been this quest for a center. that is what we see now with the three remaining liberals on the court

mcmentally, hala gorani, ambassador mark ginsburg, thank you for being us with this morning. >>> nexttrade war. mexico threatens retaliation if trump goes through with tariffs. >>> plus, the federal charges against trump dropped. what's next for the special counsel? >>> and will we see a final report before jack smith closes up shop? >>> later cloudy with a chance of thanksgiving turbulence. tense of millions facing a one-two punch from storms and potential strikes. we're back in 90 seconds. potential strikes. we're back in 90 seconds lays] giving. [♪ you've got to give a little ♪] [♪ take a little ♪] giving without expecting something in return. ♪ giving that's possible through the power of dell ai with intel. so those who receive can find the joy of giving back. ♪ [♪ that's the glory of love. ♪] . >>> 18 past the hour. the trump transition is entering the final stages after much delay, the president-elect's team has signed the transition agreement with the biden administration. that step coming as trump announced another flurry of new hires, this time focusing on domestic policy. ac

national constitution center as well as a law professor at gw law school interviewed ruth bader ginsburg at that point, shortly before her death. he said, people are debating about due process concerns in the context of the #metoo movement. how do you accommodate between or balance the competing concerns of women's equality? she was saying, you don't choose. you have both. you need due process to advance women's rights. by the way, this really ties into the larger theme here that i see your paper being so important to illustrate. that's the reason that ginsberg gave for choosing to locate her advocacy and her litigation in advancing women's rights at the aclu in particular. she was asked why this organization that is so well known for free-speech and other rights, why not go to it? they focused specifically on women's rights. she said, that is strategic. it's a matter of understanding the right at issue. it had to be situated within an overall general agenda of all human rights. all fundamental rights for all people. and ginsberg, i was thinking of some of her famous lines. you actually

not that old in this day and age, but she is also a type i diabetic, and we also what ruth bader ginsburg to build her extraordinary career, create an amazing legacy, to help have it all essentially washed away by sticking around too long, and as someone who believes so deeply in term limits, creating a space for other americans to participate and recognizing the consequences of sticking around too long. if supreme court justice sotomayor, her health situation is different than some may recognize, i would hope that she would proactively step aside so that yes, joe biden could appoint -- at least try to, appoint somebody else, because we have fallen short way too many times, we democrats , but frankly sticking around too long, as evidenced by joe biden himself. yes, we have an issue if her circumstance makes the next four years, get it from a health perspective, i hope she would consider doing that. i don't think it is bernie sanders, me, or joe biden's decision, it is hers . i just wish more people in positions of power would ultimately put the country head of their health interest. if we

we'll have to rewind remembered justice ginsburg and how much pressure put well into her '80s and makein of potential payroll for democrats. ♪ ♪ with automatic authority from the va we can say yes when banks say no. give us a call. it's time. yes, the time has come for a fresh approach to dog food. everyday, more dog people are deciding it's time to quit the kibble and feed their dogs fresh food from the farmer's dog. made by vets and delivered right to your door precisely portioned for your dog's needs. it's an idea whose time has come. ♪ >> john: former president george w. bush is holding his tenth annual warrior bike ride to honor those who have risked their lives to protect our country. fox news chief medical analyst, dr. marc siegel joining the ride for the annual tradition and lives in crawford, texas. how is the day going so far, doctor? >> amazing, john, we went almost three hours on the bike. veterans wouldn't give up abdominal spirit which we need to see led by former president bush and testing himself on the hardest trails. it was coming together. helping each other appeals

shannon: think about justice ginsburg she dug in her heels more you write about it it is less likelyid listen to get somebody confirmed who is just as progressive as i am. she didn't use those words but basically signaling somebody who would take my position it is hard for you to get someone like that and her life's work after her husband passed away she was devoted to the court for the rest of hadder life. but remember justice breyer, there were these trucks driving around retire breyer here in front of the supreme court in front much washington. he felt like it was a good time to go into his 80s, and that, of course, gave president biden the opportunity to nominate and confirmation of justice jackson. pete: for sure. shannon you mentioned dean phillips you'll have him on your program today who else? >> byron donalds he's a true loyalist to president trump we'll talk about transition plans and house plans moving forward if they take the house there's a lot of expectation about what they can get done. ill ask him about the report his district hit hard bit recent storms, fema reportin

there is precedent for this in 2020 when justice ruth ginsburg died, justice amy coney barrett was confirmede than democrats have now. democrats are feeling very justice -- i am not sure democrats have it in them to do that but the real time to have that conversation was earlier this year. in april there were democrats who were nervous about justice sotomayor and if she would stick around for however more many years to get the trifecta again. then they shut it down and said that was not an appropriate thing to ask her to do. looks like she is staying. >> definitely something we will keep our eye on. thank you for your reporting, sahil kapur. >> coming up next, as israel ramps up attacks on southern lebanon who is speaking often. we will break down how the relationship could influence the situation on the ground and what comes next for israel and gaza. ♪ ♪ gaza. ♪ ♪ sts up to 8 hours. ♪ ♪ sts up to 8 hours. with so much great entertainment out there... wouldn't it be easier if you could find what you want, all in one place? my favorites. get xfinity streamsaver with netflix, apple tv+, and pe

maria icu, along with phil ginsburg, worked together to set up neighborhood hubs because not all of oure places to go or places to learn within their homes, and they needed a place to go when their family members or parents were at work. and a number of other challenges that we were faced with. they set up these learning homes without a playbook. they set up these learning hubs from scratch and work with the community to deliver opportunities for our sdents. when you need someone to get the job done, y call people like maria su. and in every single instance, she has delivered time and time again and she will deliver on helping through this very challenging transition. i have confidence and faith in her leadership, and i know working with the school board, she will do an amazing job to help provide clarity and stability to the people of san francisco. with regards to the district.■]i want to thank the president■; of the school board, matt alexander. during this tough time. during this tough time, we have been focused and determined on making sure that this school district succeeds and es

democratic president whenever that is or if there will be a repeat of what happened with justice ginsburg who ended up lasting on the court and getting replaced by donald trump as well. take a listen to was senator bernie sanders told our colleague when asked if he thinks she should retire. >> some democrats behind-the- scenes quietly talking about the possibility. to allow president biden to appoint someone who is younger. is that something that you would support or think she should step down? >> no. i don't. i don't think that is a sensible approach. >> that seems to be where the democrats are at least publicly. none of them are pressuring her to step down, which means that she will stay on the court.>> thank you so much.>>> sophia, the supreme court. what is its competition four years from now? get out your crystal ball.>> i think that trump may have won appointment. i think he would be very lucky. after the overturn of roe versus wade i think this country can see what the ramifications of a court's decision our. we are seeing it in investigative reporting of women dying in terms of no

says other went sideways because they smoked a joint that includes supreme court nominee doug his ginsburg in 19 # 87, bret? >> bret: chad pergram live on the hill, thanks. stocks were mixed to begin the week. the dow lost 55. the s&p 500 was up 23, the nasdaq gained 112. >> breaking tonight president biden was given ukraine permits to use long wage missiles to attack targets inside russia. it's a move some fear could escalate the war. others say it could help ukraine at the negotiating table eventually. chief national security correspondent jennifer griffin has details tonight from the pentagon. >> president biden's decision to lift restrictions on person made long range strike weapons known as atacms was spurred by rickenbacker's to 10,000 to fight along ukraine's border. facing ongoing missile strikes and the possibility of losing more ground, president zelenskyy applauded long awaited decision. >> much is being said in the media about us receiving permission for the relevant actions. missiles will seek for themselves. glory to ukraine. >> kremlin warned the policy shift would add fuel

nominates amy coney barrett to the supreme court after the completely unforeseeable death of ruth bader-ginsburgan imagine, the democrats went right to the nearby kinkos! >> behind me is the mcconnell rule. on february 13, 2016, when justice scalia passed away, senator mcconnell said, and i quote, "this vacancy should not be filled until we have a new president." >> jon: and so amy coney barrett was forced to head back to her homestead, never to be heard from -- oh, they didn't give a [bleep]? oh, right, i forgot! they didn't give a [bleep]! look, let this show be the utterly ineffective hypocrisy-finders. i can tell you from experience, it does nothing! you guys be the loophole guys that figure out how to get shit done. because they don't give a [bleep] about your norms! they will exploit any loophole, even if they have to go through clearly closed windows to do it. you would think after trump's presidency, democrats would have learned. but they doubled down. when biden tried to get immigration reform into the inflation reduction act, and the senate parliamentarian told him he couldn't, did he

you know, she is younger about ten years younger than ruth bader ginsburg was at the time when that conversation was being had about justice rbg. and i also think it's just -- people have to be rooted in the recently of the situation -- reality of the situation. it is -- it is unlikely that even if justice sotomayor would say she was ready to step down. democrats would be able to confirm a supreme court justice between now and january 19th or the more -- the early mornings of january 20th. you know, just senator manchin has said he's not going to vote for judges that don't have republican support. that's the same for the lower court judges and appeals court and district court and also for the supreme court. what -- i mean what should the strategy be if that is the case and you have got all these folks as you just noted, waiting for confirmations, if they don't have republican support or maybe -- because if i'm the republicans, i'm not going to give republican support to any of the judges. right? that are waneth waiting in line. -- waiting in line. i know it would be the proper thing to do. >> i

asking justice ginsburg to retire how students should deal is with their disappointment over the supremert. you can't throw you have your hands and give up. there is indication she/herself is considering doing that there is also speculation that justices thomas or alito may retire once trump resumes office. here is what justin thomas said when he was asked about retirement back in 2019. >> let's fast-forward to 20 years from now, 20 years from now at your retirement party. [laughter] >> i'm not retiring. i know, but i'm not retiring. >> 20 years? >> no. >> 30 years? >> no. >> so 30 years that, would get us to 2049 when justin thomas will be 101 years old. bret? >> bret: you never know. he is going to stick around. shannon, thanks. the election week rally kept going today with new record closes all around. the dow surging 260. topping 44,000 for the first time before settling back a little bit. the s&p 500 finished ahead 22. the nasdaq gained 17. for the week the dow was up 4.60. the s&p 504. 5466 and nasdaq 4 and three quarters. amsterdam, take you there how the israeli government is res

scalia and ginsburg famously did this and also scalia and justice breyer. who else is out there, do you think, really exemplifying the best parts of? who do we look to in this day and age for the civic model? who are the good role models? who should people be looking at now as embodying these lessons? >> absolutely, it is so meaningful when the justices join for those discussions. the chairs of the national constitution center, justices gorsuch and justice breyer have also joined together for discussions about texturism versus originalism, which is so important, showing that those discussions are differences of principle and philosophy, rather than of politics. helps citizens understand what the law actually is, which is not just a clash of personalities or politics, but of principle. and that is why at the constitution center, we are trying to teach the methodologies of constitutional interpretation to kids starting in middle school. it is kind of a radical idea, but it seems to be working. that when kids and learners of all ages can listen to the argument

no more than it was a knock on ruth bader ginsburg who was an incredible jurist and icon to a lot ofe should have gone a lot earlier than she did because look what we were left with after she passed away sadly. and i don't want to sit here and say, because we don't want to disrespect women or latinos, there is a deep bench of women and latinos and anything else that you might want to expect who are in their 40s and 50s who could fill that seat. it does not need to continue to be filled by somebody who may give donald trump yet another opportunity to fill that court seat. >> look, i'm not agnostic about it. we have to think seriously about that path forward. i would also say that the senate actually has a little time to start actually confirming judges right now. and that very small window is about to expire, and i think one of the things that chuck schumer is thinking about and getting pressured to do is start to be able to promote judges today so that that bench could look a lot different by the time donald trump takes office. >> could we talk about the pipeline? democrats have been

and there is no indication, really, justice sotomayor is 10 years younger than justice ginsburg was whenng pressured to step down during the obama administration. so she is in a different place. >> you also wrote about trump's pledge that in a second term he would sign an executive order on day one ending birthright citizenship. he claims this would stop so- called birth tourism. and under trump's proposal, at least one parent would need to be a citizen or legal resident for a child to get right citizenship. civil rights groups are pledging to fight this, but what could that legal fight look like? >> yeah, as you say, that will almost certainly lead to a legal fight. and also one that trump would probably lose, because it is very clear in the 14th amendment of the constitution that there is a right to birthright citizenship. so even conservative judges and scholars have said that in the past. whereas it might be a political move by trump to rile some people up in his early days in office, even the supreme court that has the 6-3 conservative majority is probably going to stop short of end

eastern on msnbc, i will be talking to jody ginsburg, ceo of the committee to protect journalists, ascans into killing a bill that would have defended the freedom of the press. and starting saturday, december 7th, you can listen to every episode of ayman as a podcast for free. scan the qr code on your screen to follow now and listen to the trailer before our premier. next up, stick around for a special two night event, the sing sing chronicles. a four part documentary series exposing the justices of wrongful experiences at a notorious prison. the first episode of the sing sing chronicles prame is next on msnbc. until then, have a good night. on helping their child live. because at st. jude, taking care of families facing childhood cancer is just what we do. this holiday season, join our st. jude family. we need you. please donate now. known for creating memories. no one wants to be known for cancer, but a treatment can be. keytruda is known to treat cancer. fda-approved for 17 types of cancer, including certain early-stage and advanced cancers. one of those cancers is a kind of bladde

then within ruth bader ginsburg passing away, i think it was september of an election year.seat within 30s with donald trump's pick so, you know, that's what democrats need and i'm not particularly pleased with what chuck schumer has been doing over the last month or so. >> if not schumer, who do you see? who do you see as stepping into that role schumer can schumer can do it schumer just has to understand that the days of the robert byrd senate are over. >> i mean, when i worked in the senate, god, now, 25 years ago, robert byrd was still alive and it was a very different time. these kinds of robert's rules of order senators are gone, and republicans figure that out right away. and democrats unfortunately, are still sitting here saying, well, we can't really the rules don't really allow us to do this. we have to cut deals with republicans. if we want to get stuff done. i don't think mitch mcconnell has ever cut a deal with democrats. to his credit, in his life. he just does what he wants to do. that's why he was such an excellent leader for the republicans and that's why re

you have got justice barrett replacing justice ginsburg, to take one notable example.t in mass immigration? well, i mean, transit plan is he says he is going to prioritize criminals for deportation. honestly, if only he led by example, that would be one thing, but what he is basing this on is the idea that the alien enemies act of 1978 permits it. i do think the courts are going to protect us and protect the individuals. it requires an invasion or predatory incursion, which is very hard to say is going on. so, that is an example of how i think the courts can and will do something. but let me ask you about two specific things there has been reporting on. one is trump may try to deport people who president biden has already allowed to legally enter the united states. can he do that? i mean, where would the courts come down on something like that, to the degree you could predict? >> yeah, it is very hard for that to happen, because the supreme court has said such individuals are entitled to due process before they are supported. now, that just means hearings, and it could

ruth bader ginsburg, for example, and all of that changing kind of the focus for both parties in theidst of big change. that means that while it might be about the economy, what's happening across especially reproductive rights is really important for unaffiliated voters, women who are independent in swing states. that's the demographic that the harris team has been going really hard at the last couple of days. >> but for people who are not like my neighbor sarah, for example, she forms a study group with her friends. she i mean, she attacks it like it is her her, you know, her her dissertation. right. for people who aren't like that, caring about the supreme court can be a big ask. how do you get how can you how do you get voters to get there? >> right. so what you do is you talk about the wraparound of reproductive rights. so a lot of these voters, 18 to 34, see this as a health care issue. they see this as important. their financial situation. they see much broader element. and that's where the campaigns have to make that argument. you have seen that because the gender gap as as w

judgment or descending but basically agreeing with the scalia, kennedy, i want to say steven and ginsburg. yes, i think that's right position. but in any point, so let me ask you, folks if you want to tell us stepping away from section 230 as such, what do you think is the optimal constitutionally sound solution to these questions. so one possibility to say there is very broad authority under the first amendment for punishing speech that is negligent in the sense that it -- that the jury concluded unreasonably leads to physical harm, speech that encourages suicide, anorexia, reckless self-harming behavior, encourages drug use. even when it's addressed to adults because after after, section 230 at least right now does not distinguish speech to adults from -- from a speech to children or maybe it should. so one possibility is basically we should apply negligence law to situations where there is physical harm that is caused, at least maybe set aside caused through political advocacy, just caused through -- through blackout challenges of the like even if it's caused 18-year-olds, 19-year-olds

but unanimously, ruth bader ginsburg agreed with clarence thomas and they said arranging for access, arranging phone calls and meetings. that does not meet the federal criminal law. so look, i mean, if boris epstein is taking money from people on the promise of access, he would not be the first. >> one other thing, too, that i just want to make a point and what i was saying about how nobody's ever really dead. trump credits epstein with helping keep him out of legal trouble. epstein assembled. yes, he is under indictment himself in arizona. he also assembled the legal team around trump. he advocated this strategy of delay, delay, delay that they used that ended up pretty successful because the federal cases didn't go to trial. one of the indictments was dismissed and you know, he was not sentenced before election day, which was a huge deal. and that means a lot to trump, too. >> and you know what? i was also thinking about is trump had this very small circle around him after he left office. it shrunk so much to where, as you reported, he was surprised there were no reporters waiting

of women to the virginia military institute, justice o'connor immediately suggested that justice ginsburg write the landmark if discrimination opinion instead. and she said this should be ruth's. she was a connector for all of her colleagues. she got the supreme court justices to have up lunch together, and they still credit her with that tradition. she set an example for how to engage with other people and sometimes find your way to a compromise. she was so vibrant that losing justice to goner even after -- o'connor even after a her long illness felt at first as though a light had gone out. i am grateful to have had the chance to stand in a little bit of that light for a little bit of time alongside my co-clerks. it was an extraordinary blessing, and i know that i am only one of so many because her example was amplified over thousands of people who knew and loved her. at a perhaps a disspiritting moment in our civic discourse, a spark of her optimism is a light that she left on. and that is icivics. she founded this resource to teach about the protections in our constitution. she wanted

scaliand ginsburg famously did this and also scalia and justice breyer. o else is out there, do you think, really exemplifng the best parts of? who do we look to in this day and age for the civic model? who are the good role models? who should people be looking at now as embodying these lessons? >> absolutel it is so meaningful when the justices join for thoseiscussions. the chairs of the national constitution center, justices gorsh and justice breyer have also joined together for discussions about texturism rsus originalism, which is so important, showing that those discussions are differences of principle and philosophy, rather than o politics. helps citizens understand what the law actually is, which is not just a clash of personalities or politics, but of principle. and that is why at the constitution center, we are trying to teach the methodologies of constitutional interpretation to kids starting in middle school. it is kind of a radical idea, but it seems to be working. that when kids and learners of all ages can listen to the arguments on both sid