justice alito said no. was it a hybrid government program, a little bit of subsidy, but basically ours, not theirs? they said no there, too. then justice alito said, is it a limited public forum? such that we can discriminate because it is very limited free speech zone. again, justice alito said no. finally, justice alito said, is a commercial speech? he said we did not have decide that because if it is commercial speech. it is very block by block, every argument taken on. it would have been an interesting majority opinion in that it would have narrowed subsidy law in some important ways, what it never does is anger the opinion explicitly to viewpoint discrimination. there are opinions that rely on viewpoint discrimination, particularly the limited public forum aspect to it, but there is a footnote that expresses a hesitancy to do that. the group of four justices were hesitant to do it. if you point to discrimination, we do not care what your argument about it is, it loses every argument on that ground. not

justice alito said, is it a limited public forum? you can discriminate because of the limited free speech -- justice alito said he did not know. he said is a commercial speech. he said we did not have decide that because if it is commercial speech, the arguments do not meet -- four ring narrowly brought. block by block, every argument taken on. it would have been an interesting majority opinion in it with have narrowed subsidy law in important ways, but what it never does is anchor the opinion explicitly to viewpoint determination. are opinions that -- that in the limited public forum asked back it, but there's a a hesitancy.essive if you point to discrimination, we do not care what your it losesabout it is, every argument. not so for justice kennedy and the justices who joined him. justice kennedy said, this is discrimination. a -- a veryis broad, defensible view of what constitutes you point dissemination and says, i do not need to reach any of these arguments. this is a silver bullet that ends the case. it would have been nice to

finally justice alito said is a commercial speech. he said we don't have to decide that because even if it is commercial speech the government argument doesn't need this test for being narrowly drawn or government interest. it's very block by block, every argument taken on it would've been an interesting majority opinion and not a would've narrowed subsidy law in some important ways, but what it never does is anchor the opinion explicitly to viewpoint discrimination. there are threads that rely on viewpoint discrimination, particularly in the limited public forum aspect but there is a footnote that expresses hesitancy to do that. that group of four justices was hesitant to simply save this is viewpoint discrimination, we don't care what your arguments are, it loses every argument on the ground. not so for justice kennedy and the justices that joined him. justice kennedy said this is viewpoint discrimination, i don't care that bans all disparaging speech, that itself is a form of viewpoint discrimination. he takes a very broad view of

and joining with alito and thomas and roberts, and joining with alito and thomas and roberts, everything that conservatives could have hoped for, there's that fifth vote, there's that fifth voice. - [matt] and it's a lifetime appointment. - lifetime appointment, he's under 50. - and then who knows how many additional supreme court picks donald trump may get? - are you kidding me, ruth bader ginsburg is gonna hold on to her robe until, they're gonna have to pull it out of her hands, you know that. - they should give her a gym membership or something. if i were a liberal, i would do that. - seriously, yeah. like pet pills, i totally agree. so why did conservatives decide that trump was acceptable to them? because if you recall, the entire republican primary was litigated along the lines of he's not legitimately one of us. he's not legitimately one of us. - right, so part of what happened is that the republican base turned out to be not as conservative, not as philosophically conservative as any of us thought. so the average person out there, my dad was a prison guard in western maryland, i

ricos treated as one does not run oil co-equals and hind limb alito and then only on the portal three cool. and i knew a lot of seats and they could be seen on the island is controlled by the us government and some puerto ricans crave independence joe it was the almighty god you know it was. good at either way but i mean to sort out what i mean we're taking a game. still many do wish to join the us hundreds more leave every day. beings. with the country at a crossroads for anger of the island is on the rise. i . now. donald trump's willingness to work with russia following positive talks at the g twenty is met with skepticism in washington. like the g. twenty in german chancellor comes under fire for underestimating the dangers posed by militant left wingers. four pm here in moscow this monday july tenth my name is you know welcome to our team internet.

ricos treated as one does not own oil co-equals in the hind limb alito and then only on the political three cool. little can i do a lot of. the island is controlled by the us government and some puerto rican screwed even dependents. either with. their audience. still many do wish to join the us hundreds more leave every day. with the country. it's been a long time. since he's in ruins.

as a rico's treated as one as our own oil corn only calls on the hind limb alito and then will turn around him only on the portal three call us you know and i know a lot of suits and they can receive. the island is controlled by the us government and some puerto ricans crave independence joe it was the only god you know it was getting a bite out of all my daughter either like it but i'm going to sort of randomly go over that again again weighing in pointless the earliest. still many do wish to join the us hundreds more leave every day knowing. i'm a long way from mania. beings. with the country at a crossroads for anger of the island is on the rise. dimension. six thirty five and you have a career and career involves using your i phone in your computer and things like that in an office. perhaps you sort of things and it's a circular to have to stop doing all this in this kind of you lose the minutes must be for. my world became smaller and smaller and smaller until i ended up learning it in a box. or out of very strong magnetic field held in my head. think of it like a real hard pressure m

justice alito as a question as to whether this is an admirable tradition that should be respected this 39 states tradition of house keeping hands off of the religion and the answer to the state view is yes. >> >> you say we don't have to look at the establishment clause that there was no establishment clause problem. >> we stayed there is not a violation but i say their e it -- there is but there is not a day establishment clause violations of the governor's decision to proceed differently does not violate the establishment clause. the question is whether or not that is the live that there are concerns even if there is not a violation and those are in regard to endorsement. >> is that's valid to keep close establishment questions?. >> we don't want to be in a position where we are selecting among churches or making a physical improvement on church property. >> but this is a status based statues. >> and other respects as well for example, in that case we have the independent decision making and it is not by a third party but by the state's. >> and to have those physical improvements to

justice alito: what would the government of mexico say if we wrote an opinion that says , "because the united states spent a lot of money to pave this culvert, we think that the united states' authority with respect to the culvert is basically the same as the authority that we have in guantanamo." mr. kneedler: i think the mexican government would be very offended by that. justice kagan: i'm sure it wouldn't have to be written that way. [laughter] mr. kneedler: this case is fundamentally different than boumediene. in boumediene, the court said that the u.s. is not answerable to anyone else. here the united states is answer able to mexico. justice ginsburg: you did say in your brief that the united states is answerable to mexico for any cross-border use of force. how is the united states answerable to mexico? mr. kneedler: mexico holds us accountable for doing something about it. we investigated criminally and concluded that a criminal prosecution should not be brought, but mexico regards it as the united states' responsibility to control this conduct. justice ginsburg: the responsibili

ricos treated as one visitor no economy calls on the hind limb alito not something olympian then will confront him only on the point both recall as you know when a little can i know a lot of seats and they can be seen at the time the island is controlled by the us government and some puerto ricans crave independence journal it was the only god you know it was getting about and i don't like the think we're good at either we like it but i'm going to sort of randomly go over that again again my aim point to let the audience. still many do wish to join the us hundreds more leave every day knowing. that i'm a long way from any. meetings. with the country at a crossroads anger on the island is on the rise. that yes. if. you. hate. being that doesn't. like on the. by then got a session on the nod that they know. by then is a shift the long. ball in the mccain audience at a loss is going on more. certainly not so it. was revealed to the multiple injuries among current america so the keeps a few of the up but shows real you know most of the going to go in the hall if you can book a political s

rico's treated as one as our own no economy calls on the hind limb alito and then thrown him along on the fourth recall as you can i knew well once he doesn't make. the island is controlled by the us government and some puerto ricans crave independence joe it was the almighty god you know it was getting about on our level i think we're good at either we like it but i mean to sort of i mean come on we're taking a game where you can point to last year obviously. still many do wish to join the us hundreds more leave every day knowing. that i'm a long way from mania. beings. with the country at a crossroads anger on the island is on the rise. when lawmakers manufacture consent to instant to the public well. when the ruling classes protect themselves. in the final merry go round certainly the one percent. we can all middle of the room signals. to the real news group. called the field we go from. everyone in the world should experience. and you get the full. the old according to just. walk of the modern world come along for the raw. data. hello welcome to sophie. shevardnadze we spent count

or rico's treated as one visitor annoyed co-equals and hind limb alito and then will confront him onlyon the portal three cool. little can i knew a lot of seats and they could use a lot of the island is controlled by the us government and some border regions crew even dependents julich was the only guy i know you know. about on our local daughter either like it but i'm going to sort of randomly go over that again again weighing in pointless the earliest. still many do wish to join the us hundreds more leave every day knowing. that i'm a long way from india. beings. with the country at a crossroad. anger on the island is on the rise. i i. i. i think that it. was.

or rico is treated as one does our own oil calling colson hind limb alito and then thrown them along on the board all three call us you know little can argue a lot as it does under the thumb the island is controlled by the us government and some border regions crave independence joe it was the only guy you know it was getting a ride on a local bike does it work daughter either like it but i'm going to sort of randomly go over that again again weighing in pointless areas to deal with still many do wish to join the us hundreds more leave every day knowing. i'm a long way from mania. being there want to go with the country at a crossroads anger of the island is on the rise. a batch or sudden passing i've only just learned you worry yourself in taking your last bang turn. your attitude up to you as we all knew it would i tell you i'm sorry i could so i write these last words in hopes to put to rest these things that i never got off my chest. i remember when we first met my life turned on each breath. but then my feelings started to change you talked about war like it was again still some

as a rico's treated as one as our own no economy goes on the hind limb alito and then will confront him only on the portal three cool. little can i do a lot as he doesn't make. the island is controlled by the us government and some puerto ricans crave independence joe it was the only god you know it was getting about on our local bike the sick were good at either we like it but i'm going to sort of randomly go over that again again weighing in pointless the earliest. still many do wish to join the us hundreds more leave every day knowing. that i'm a long way from mania. beings. with the country at a crossroads for anger of the island is on the rise. for. i'm after a town see this is going underground as u.s. secretary of state rex tillerson travels to the middle east to try and avert a war in the persian gulf of a coming up on the show we speak to oscar nominated comedian and write to steve coogan about islamophobia the trip and whether bailing out the past mistakes of the city of london is destroying the future of britain as the government announces defacto pay cuts for school teachers

calls on the hind limb alito and then will confront him only on the port-o. three cool. little come on you a lot of seats and they can be seen on the island is controlled by the us government and some puerto rican screwy of independents will see it only gonna. do it either way but i mean to sort of right i mean we're digging again with their audience who. still many do wish to join the us hundreds more leave every day. but i'm a long way from india. beings. with the country at a crossroads anger on the island is on the rise. when we see on television left wing say advocates left wingers out there and they're shutting down professors from speaking at colleges so the shutting down colleges. this is an example of them being or acting in an offer terry terry and passé become little dictators yes and this is the link to the fact that as children they were completely shielded from any of the so-called dangers of life kept in a bubble and so when they become young adults anything that disrupts that bubble a loud sound like a professor saying something that doesn't agree with th

. >> that is phrase court used justices thomas, and alito and -- gorsuch said why you are even putting there, you will cause confusion, and they were right. a partial win for immigrants? thank you, judge, cleared up a lot. >> my pleasure. liz: thank you so much. good to see you, we have breaking news out of cbo, obamacare g.o.p. repeal bill would raise number of uninsured by 22 -- i think that we'll have more on that. also this story for you, foreign purchases of u.s. homes hitting a record high according to national association of realtors, buyers from various country bought 153 billion bucks worth of u.s. property from april last year to march of this year, a 50% hike, a jump from a year earlier, where were sales? in florida, california, texas. where do they come from? klein, canada, the u.k. and russia, made up about 1%. of purchase. right, we have to story for you, following kathy griffin, rosie o'donnell, now sparking controversy after promoting a quote, president killing game on twitter. details. also rapper snoop dogg sending out this video depicting the beating of a police offi

home and she is replaced first by nixon bush wanted to appoint someone else and eventually by justice alito. exactly the same facts and the statute from another state and the same issue 5-4 but the ban on partial-birth abortion is constitutional even when it does not have an exception for the health and life of the mother so if that changes the wall the question is what is the law anyway, seven years and they overrule the decision. >> yes sir. >> the first decision was establishing the judicial review he did it in such a way because he knew if he tried to order something, jefferson would refuse to do it, so this is something that happened from the very beginning of the supreme court. >> yes. >> there were instances you can fight in history and what is fascinating is there were many issues the framers of the constitution could not agree on. another issue is what the supreme court was supposed to be doing and nowhere in the constitution does it say they have the power of judicial review. nowhere does it say they have the power to declare an act of congress unconstitutional. so where they get

there was a dissenting opinion by justice thomas, alito gorsuch supported it.t they're going to have a problem not having a specific definition of a bona fide relationship. >> so something is up in court will try to rule on. >> the lower courts will start to interpret it. hawaii will not wait that long. what will happen is the lower courts will start interpreting what they think is the bona fide relationship established business relationship. >> what a fun court says your second cousin third removed can, but grandma can't. they're going to be different rulings? >> if lower court issues a stay like they did before it could be appealed and appealed. we will see various legal battles on this interpretation. this is the state department's decision. the president has the right under the constitution to make these decisions and he should make these. >> they change their minds on being engaged, that if you are engaged or if you claim you are engaged you're allowed to come in. that's surprising because you think of marriage fraud, that's been widespread for 30 years. w

i think justice alito in the opinion expresses his concern for protecting small businesses or closely held corporate entities in these area, and i would think that a small bakery that's operated by a bare bones staff is probably the kind of institution he had in mind when he was writing those things. i would also note that in that case two justices declined to join the side that argued that corporate entities could not bring claims under it at all. two have declined to say that one forfeits all of their religious liberty rights when they operate in a commercial context. it's hard to see them joining, but i think that bears mentioning. >> and hobby lobby was a statutory case. and it operates under a weaker standard on the free exercise side. i'm not unsympathetic to the speech claims but i do wonder about this hypothetical. let's say for rjts reasons i oppose international marriage. is it possible to think that the supreme court would endorse my right to decline, make a cake for an interracial marriage? if it is, then i can see the bakery wins, but i'm not sure it is. >> that kind of e

one of the other things you did in your career was actually clerk for the supreme court for justice alito. the court has come under some criticism for not having cameras in the courtroom. it is almost, it functions like too many americans like a secret body.they have written opinions and with uniprint bills the past and legislation but the process is only visible on any given day to about 400 people and i think only about 100 of those are for the public or something less. my end might be wrong but it is not a dramatic number. wouldn't luther martin like principals, counsel in favor -- wouldn't those principles be in favor of cameras for the court doing its work? >> possibly. it may well be the case. it is very different for your purchase some of this. most of what happens at what is actually an open public process. in that the briefing, most of the arguments as you know better than anyone consist of briefs that are submitted. when you have an oral arguments. the oral argument transcript are made available to everyone. not everyone can see it and see it live. but this is only one part of t

one is from a touch of italy this is steven alito right over here. >> hello.in from the docks place in somers point. >> okay. tell us what you guys have. we'll start with you. >> basically what we did was being italian restaurant we wa wanted to incorporate italian herb we went the basil. fresh structure bess row and basil. cipel spear rupp makes it easier fresh limb mulled that up and topped it off with sparkling water. >> may i try. >> most certainly. >> be my guest. >> can i ask huge do you have people requesting mocktails? >> it's picked up a lot in the past month since we've done this actually. actually quite pleasing that people are asking for them now. >> that's fantastic. >> and this is incredibly refreshing. >> morning you ma dam. >> you don't even realize. >> i know. a lot of my pregnant friends have often gone out and they are impressed with moc mocktail talo hear about this challenge. why did you did you want to participate. >> the awareness of hero campaign brought to getting people home safe is great and for bars, you know, when you go to a bar o

one of the other things you did in your career was clerk for the supreme court and justice alito. the court came under criticism for not having cameras in the courtroom. it it functions like a secret body to many americans. sure, they have written opinions in the way you have written bills and legislation, but the process is only viewed by 400 people and 100 are public or something around that. it isn't a dramatic number. wouldn't luther martin principles favor, he could not co comprehend an camera but wouldn't this constitute? >> possibly. it is very different. most of what happens in court is open public process in that the briefing most of the arguments as you know better than anyone consist of briefs that are submitted. then you have an oral argument and the oral argument transcripts are available and not everyone can see it and see it live but this is only one part of the process that isn't open. i would love it if they opened it up as a life long enthusist of the supreme court i would love nothing more than if the supreme court started tellvising arguments. i don't think it

so i think he is going to be solidly there with justice thomas and probably justice alito on everything: it was 4-4 for much of it there was a big cases on free speech, james. >> yes. this was the case involving the slants, asian american rock band. they had been denied a trademark on the grounds that it was disparaging and they challenged this. and the supreme court struck down the patented trademark's office disparagement clause. which means the washington redskins will continue to be around. what was really important about this case is the cultural statement the court made, two opinions one by justice alitani toe and one by justice kennedy kennedy. both affirmed in strong terms, no separate category of hate speech protected by the first amendment. a common misunderstanding these days. paul: fascinating. still ahead the white house issued a rare public warning for the syrian government this week. and finds that they are planning another chemical attack. so did the warning save lives? and is there a long-term one laugh, and hello sensitive bladder. ring a bell? then you have to try alw

his sister, who say federal judge, he said his sister had signed some of the same bills that justice alitoad signed on the supreme court. now, that suggests that he would flunk a sixth grade civics exam because he suggests that federal judges and supreme court justices sign bills. this is rather alarming. i mean if next week he comes out and says, grover cleveland was a stern critic of the new deal, on the one hand, we'll be all pleased and surprised to know that he knows there was a president grover cleveland. but there comes a point at which this goes -- manages to be ludicrous without being at all funny, when you have a president who doesn't understand the basic facts of american history, the basic realities of american governance, and finds it impossible to put into simple, declarative sentences what he's talking about. >> i want to listen to a professional diagnosis here. this is from lance dodis, a former professor at harvard medical school, professor of psychiatry. let's listen to what he had to say about the president on this show. >> lying in the way that he does it, repeated, dan

she cried a mustang, >> melissa: let me ask you, we are getting an update on dahlia dip alito.er attorneys are now asking a judge to allow her to post bond and return home pending the outcome. what's your take? >> bail pending appeal is little different than before a trial. after trial, if you been convicted, it's a risk of flight, plus one of the grounds you raise on appeal? here are some issues about a sleeping juror about the judge leading in some testimony about her trying to poison him, but at the end of the day, i don't think they're going to give her it. >> melissa: what do you think? >> i don't think she should get bail. her lawyer is a very good lawyer, but she pushed the edge of the envelope. i think the woman is guilty. she's a terrible person and i don't think she could get bail under any circumstances. she made a mockery of the entire system. is now time for her to suffer the consequences of her own actions. off to prison she goes. >> melissa: gentlemen, thank you. if i can manage, calling one of you. >> called doug, he is a lot smarter. >> jon: serious news out of

that's a perfect example, three of the justices did see it coming and they wrote an opinion, gorsuch, alitoy said, we should just absolutely uphold the whole travel ban, don't carve out this caveat for bonafide relationships because all you're doing is inviting further litigation and sure enough that's what's happening resulting in the federal judge's decision watson and the judge that got it wrong the first time and yet again and he'll eventually be overturned. trish: you think there's a problem with these judges and they are trying to legislate from the bench, they are less leaning than they are in the middle of the road and that's part as a result of president obama? >> that's right. eight years two terms he appointed 329 judges and great many of them, astounding number to the middle court, court of appeals just below supreme court. it went from being fairly balanced to now 70% controlled by liberal judges and so you get the results of the fourth circuit and the ninth circuit and they get overturned by the u.s. supreme court and what was telling about this when the supremes upheld the va

trump nominee, we can begin into that justice will be as conservative, if not more so, than justice alito. what we've seen so far is just as gorsuch has voted consistently with justice thomas and placed him on the courts must conservative side. he is also very active in oral arguments and combative with those attorneys and his fellow justices. so he will be a big intellectual presence in arguments. when kennedy retires, that will make chief justice john roberts the swing vote on the court. amy: jessica, i would enter into a new documentary by your news organization rewire the chronicles the rising tide of harassment and violence against abortion providers and clinics under the trump administration. this is a clip from "care in chaos" featuring abortion clinic administrator calla hales in north carolina. >> i tried not to focus on the assassinations of doctors and attacks on doctors and clinic workers in the past. if i focused on that every day, i would not get out of bed. and i have to keep moving forward. this clinic has a stay open. >> they kill babies. they poison them. they dismember

absolutely pier one of the other things he did in your career as clerk for the supreme court for justice alito. the court has come under some criticism for not having cameras in the courtroom.to it is almost many americans like a secret body. sure they do have written opinions in the way you have written bills that you pass in legislation. legis but the process is only visible on any given day to about 400nk people and i think only 100 of those are for the public. not a dramatic number. to dilute and mark their principles favor and obvious he couldn't contemplate a camera,am let alone a web streamed oral argument or something like that. but when those principless counsel in favor of cameras for the court doing its work? >> guest: possibly. it may well be the case. it is very different. most of what happens in court is an open public process and at the briefing, most of the arguments as you know better than anyone consist of briefs that are submitted. then you have an oral argument. the oral argument transcripts are available to everyone.rd audio recordings made available to everyone. not every

isn't this exactly what justices thomas alito and gorsuch warned about when they said you're carvingeat without defining it? >> no, you read my mind. i was going to say -- you took my words -- that those three justices in their dissent in the ruling predicted it would be unworkable and difficult to define who is who. the government came out with a list. they did omit grandparents. in fairness, i don't think the judge in hawaii was wrong to say that a grandparent should be on that list. but your point still stands, which is it is going to be very very difficult to work through all of these issues. having said that, in the fall, i think the supreme court is going to issue a ruling that may surprise people -- >> they lifted the injunction. the whole court agreed. alex, what about this? i mean doug makes a good point. i think you will probably agree. grandparents probably should be considered close relatives. but the judge went further, aunts, uncles, nieces and nephews, cousins, what kinds of cousins, third removed, twice removed, cats and dogs are now allowed? what's the deal? >> this

was referring to when he declared a unanimous victory, but that was three justices, justice thomas, alito and gorsuch. i think it's fair to say that at least those three justices have signaled that they think the administration is on stronger legal footing than certainly the lower courts have. >> so take a more general view of this, sally what threats do you see today to the rule of law and our nation? >> neil alluded to some of president trump's comments about judges, and i think it's not just that the president is making comments under mining the legitimacy of justices who issue opinions that he doesn't like, it's what kind of impact can that have beyond just espousing his own personal opinions in undermining confidence in the system more broadly. we have got a delicate balance there between the three branches of government, and that balance has served us pretty darn well, for many, many years now, and the idea that that balance is being thrown out of kilter by not just disagreeing with what a court might do. but attempting to delegitimize it. that seems very different to me than the ki

i think that this bonafide relationship that tomas, alito pointed out, it's going to be difficult to administer, they were right about that. i think this supreme court gave this window for a liberal judges like to guy in hawaii to drive a truck through and the bottom line is he's not doing the law, he's basically doing politics. he feels that cousins and second guesses and in-laws should be allowed to come in even though the president's order says no and to me it's a policy issue that's important and even more important who should be making the decisions, do we want the commander in chief with authority of congress, political branches who are accountable to the american people or do we want some unelected judge making determinations without any basis in law. he's asserting that this is the case. i think it was a bad decision. i think it may end up getting revisited in the meantime by the supreme court or certainly higher courts but ultimately, what the hawaii judge did will not be upheld by the u.s. supreme court. maria: congressman, real quick on taxes, are versions happening right

i talked to samuel alito republican aides and folks trying to craft health care they don't want his fingerprints. they don't mind when he's tweeting about other stuff because they then can go do their work. >> folks say democrats should be happy that president could be using these tools at his disposal to move the needle. we can't be reminded often enough of how powerful this situation is of having the white house, both houses of congress, such a rarity in politics and we saw under george w. bush, under barack obama, those were the times that they made a little difference. those were the times that they made a real change. so day-by-day it ticks by and by 2018 we may well not have that situation. so democrats should enjoy this. republicans who may not want the president tweeting but could use him to move public opinion. we're seeing in the states over this holiday weekend the crucial states on health care, public opinion really against the health care and president trump doing very little to change that. >> there seems to be another tlomt his twe element to his tweeting. then we have the investi