judge kagan: he did believe it an believe produce the decision below. mr. mccloud: i do not believe you should attribute his statements in a solo concurrent that others did not join to the opinio o the panel. judge kagan: well, hwrote both and he was telling you exactly why he wrote the majority opinion the way he did, because he felt constrained. i understand that you think was not so constrained. but we are supposed to be reviewg is decision and he was telling us, i, the joty opinion writer felt i was constrained to do nothing more than look at the prior two seconds. you don't say that is right. so it seems as though we could kick it back and let you guys fight it out as to the relevance of anyinthat happened to be on the prior two seconds. mr. mccloud: i would encourage the court if it ends up manding to say a little more than simply do it again, fifth circuit. it is important to say something about this issue of officer created danger because it has divided the circuits were a mber of years. the court hacas thaprent that issue. the bond case from a few

justice kagan: whatever you said or did not say mr. mccloud it is eathat if you look at the court below the court below said we are only okg at the prior two seconds and we aren't going to look at anything before that. ev ithere is some kind of intro rct cfuon going on in the fifth ciritand there might be, it would not be surprising if on an issue like this. but we have two opinions lo both the circuit court and a district court that expressed a desire to look beyond two seconds. but said, we can only look at the prior two send you seem to be saying,h's wrong. i mean, you can look back beyond the prior two seconds. this suggests to me tres an easy way of just vacating and remanding and giving itac to the courts belowo dress, ok, once weook behind, beyond the twsends and we have a fuller scope of evidence, then we will make our reasonableness inquiry. hopefully without putting a thumb on the scales either way. mr. mccloud: a couple responses on that. first, i don't believe that is the best reading of the panel decision. it's not the l a

. >> here's all i mean justice kagan. that was age verification takes the form of an affidavit or show your birth certificate that would aptly be of course be subject to work at the age verification requires the same kind of documentary proof or whatever that this block does. going down the new york law i understand your honor's question we subject to strict scrutiny. surely satisfy that scrutiny unless it was gratuitously designed to chill the adult customer. >> why is it that would satisfy strict scrutiny this lot is not? >> is tough to manage a house to be getting after the point of point-of-purchase exchange to a minor short about your honors describing assuming this is a traditional sort of law. >> if that's the case and entirely on content blocking the availability of content blocking in the online space. >> do not think entirely justice kagan. you go to the store the clerk is looking at an id, this on a special cost associated with that. we have age verification for every single user and the internet context in you

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and in that vein about the cartels i do want to ask you, dr.is kagan in your view, is mexico doing andective as it relates the cartels? >> in both countries need to do more for. >> i'm asking about mexico. there's a lot we need to do i will ask specifically for part of the reason you're here is to speak to that relationships in u.s. and mexico. from your view are they doing enough? >> i think is generally more that can be done by mexico pay precooked so would that be? >> working closer with u.s. counterparts. also having diagnosis of the connection between these criminal markets, drug trafficking to really benefit communities on both sides of the border. >> do you feel like this is there is been testament not to some high-profile cases. including the el chapo case there's been testimony from witnesses who were once members that this pretty widespreadd corruption at high levels of the mexican government that are preventing them from doing what they should do to correct out of the cartels. doto you share this concerns? >> are not as as i align myself with these testimony of a potential c

. >> frank elena kagan. >> and doug. >> well. i'll be.ilding devices for. here in the comcast family, we're building an integrated in-home wifi solution for millions of families like my own. in the average household, there are dozens of connected devices. connectivity is a big part of my boys' lives. it brings people together in meaningful ways. this isn't happening. >> president trump's first 100 days watch. >> i'm going to be here five days a week again. >> read and listen. >> staying up half the night reading executive orders. >> for this defining time in the second trump presidency. stay with msnbc. >> 53 past the hour. time now for a look at some of the other stories making headlines this morning. costco has reached a tentative agreement with its union workers to avoid a strike days after increasing pay to more than $30 an hour for hundreds of thousands of its workers. the agreement will now be presented to union members for a vote. teamsters members at more than 50 stores voted last month to authorize a strike. if the parties could