that was justice samuel alito in 2021. what would you tell justice alito to say there is nothing new or nefarious about the use of the shadow docket? guest: this is why i wrote the book. the book is basically an effort to argue and prove through voluminous material that what the supreme court has been doing over the last five or six years is both new and nefarious. i will start with the new. what is new is that the court is intervening more often than ever before. it is intervening in context in which before 2017, and almost never did to directly adjust and affect statewide or nationwide policies. not so long ago in the 1980's, 1990's, to thousands, the emergency docket was almost inclusively about last and it death penalty appeals -- last-minute death penalty appeals. the justices are treating these decisions as precedents. and yelling at lower courts for not following unsigned, unexplained decisions. that is new. we have never seen impacts like this before where these kind of emergency rulings are the difference between

justice alito granted an interview to the wall street journal. the supreme court is being, as he sees it, attacked these days. in the interview he calls it quote, a concerted attack on the court, and one individual justices. he says, we are being hammered daily, and i think quite unfairly in a lot of instances. really? what do you mean in a lot of instances? doesn't that mean that it's fair in the other instances? justice alito did not say what criticism he thought were fair, but here's a clue, when asked about the act fix challenges facing justice clarence thomas, samuel alito simply said, i will stay away from that. joining us now, democratic senator sheldon whitehouse, cnn judiciary committee, chairman of the sikh senate budget committee. senator, thank you very much for joining us tonight. so the chief justice will not be at the hearing tomorrow, samuel alito will not be at the hearing tomorrow to tell us which attacks he thinks are fair, which appears to be what he is saying. but this is the only time i am aware of in the history of the sena

then came the leak of samuel alito's draft opinion overturning roe v.wade, which drew attention to a possible previous leak of a draft opinion by samuel alito himself. possible leak by samuel alito himself to a billionaire who, like all billionaire friends of supreme court justices, only became their friends after they became supreme court justices. and we learned that clarence thomas's favorite billionaire, who he befriended clarence thomas only after clarence thomas became a supreme court justice, found many ways to provide vacation, recreation via private jet, and yacht, to clarence thomas that has allowed clarence thomas to vacation like a billionaire. a vacation lifestyle that can cause millions upon millions of dollars if clarence tall thomas were actually trying to provide that for himself. and then came the news that that same billionaire purchase clarence thomas's mother's house and improve it for her, allowing her to live rent free in the house, while putting some of the proceeds on the sale of that house directly into clarence thomas's pocket

as justice alito observed in the wall street journal, it was the dobbs leak that may justice alito and those of his colleagues that joined in his opinion likely targets of assassination. as justice alito explained, it was rational that people thought they could stop the decision by killing one of us. with that conversation fresh in our minds, democratic senators are now threatening to defund the police protection of the justices and their families unless they adopt specific measures that those senators demand. all of these tactics are meant to harass and intimidate the court, specifically the justices appointed by republican presidents and force them to enforce the liberal left's agenda. it has carefully coordinated these attacks with a compliant left-wing media. if you read things from sources like pro public you would think that the supreme court justices are universally reckless and corrupt and those nominated by democrats are virtuous. that is bias and becomes apparent in both what receives coverage and what doesn't. one failed to recuse when her husband's law firm had business bef

justice samuel alito says he has a pretty good idea who was behind it. will he or she ever be named? our panel reacts to that next. use the three p's: plan ahead by getting a va cash out home loan from newday. pay off your high rate credit cards. pay yourself cash. okay everyone, our mission is complete balanced nutrition. together we provide nutrients to support immune, muscle, bone, and heart health. yaaay! woo hoo! ensure with 25 vitamins and minerals and ensure complete with 30 grams of protein. ♪ i suffer with psoriatic arthritis and psoriasis. i was on a journey for a really long time to find some relief. cosentyx works for me. cosentyx helps real people get real relief from the symptoms of psoriatic arthritis or psoriasis. serious allergic reactions and an increased risk of infections or lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx. court justice samuel a

>> it was a very rare, extraordinarily candid interview by alito.ous dobbs decision draft and he said this. i personally have a pretty good idea who is responsible. that's different from the level of proof needed to name nobody. asked whether the leaker is a conservative he says this. that's infuriating to me. this made us targets of assassination. would i do that to myself? would the five of us have done it to ours-- here is the bottom line. if they wanted to find the leaker, they could. the truth is, i don't think they really wanted to and that's what justice alito is getting at there. >> alito says the leak, quote, was part of an effort to prevent the dobbs draft from becoming the decision of the court and that's how it was used for those six weeks by people on the outside as part of the campaign to try to intimidate the court. ted cruz says it's a criminal act. >> given the severity here, invite the f.b.i. to work cooperatively with the marshals. get the evidence. the individual who leaked this draft opinion should be prosecuted, should go to ja

that leak benefited samuel alito. it benefited conservatives and people on the right.uld release that. we all would want to know, caitlyn and poppy. >> that's a really good point. joan, thank you very much. that's a really good point that joan makes. there were negotiations after the leak, especially roberts thinking maybe they could bring some people over to the other side. but the reporting is that leak really cemented that 5-4 decision. >> we learned about they didn't -- they didn't interview as many people as you thought they would. it was a very interesting how they investigated. >> it is a very opaque institution is the reality. so we'll keep following that. arizona school districts are struggling to find enough teachers to fill their classrooms. the creative approach to help those struggling financially. >> it shouldn't have to be about poverty to be a teacher. >> what is walking away from that like? >> i'm a really proud public schoolteacher. it's hard. it's hard to know that i can't do it anymore. ♪ it's our turn now we'll make it up again. ♪ ♪ we'll build fre

do i think justice alito is especially mortified by public criticism? not especially.o don't think his is the vote that matters. if you look at justice amy coney barret, justice brett kavanaugh you can see in the last 18 months a bit of softening, fewer contact where they seem to be joining alito and thomas and gorsuch. when the majority of the court intervened to prevent the judge's order that would have blocked access, one of the justices alito went after in his dissent was justice barret. i think the public reaction especially after the texas abortion ruling in september of 2021 had a bit of a mollifying effect, sobering effect at least on the folks now in the middle of the court. i think there is a lesson there that maybe you're not going to persuade the court to adopt a different methodology of constitutional interpretation or to look at high profile divisive social issues differently but if we actually talk about the court as an institution and look at the full range of what the court is doing i think there are opportunities to build consensus about how things ha

that was justice samuel alito in 2021.ll justice alito to say there is nothing new or nefarious about the use of the shadow docket? guest: this is why i wrote the book. the book is basically an effort to argue and prove through voluminous material that what the supreme court has been doing over the last five or six years is both new and nefarious. i will start with the new. what is new is that the court is intervening more often than ever before. it is intervening in context in which before 2017, and almost never did to directly adjust and affect statewide or nationwide policies. not so long ago in the 1980's, 1990's, to thousands, the emergency docket was almost inclusively about last and it death penalty appeals -- last-minute death penalty appeals. the justices are treating these decisions as precedents. and yelling at lower courts for not following unsigned, unexplained decisions. that is new. we have never seen impacts like this before where these kind of emergency rulings are the difference between whether abortion w

then i see a release that said justice alito and that obviously, as we all know from the elite opinion, not much had changed in the original -- the leaked opinion, not much had changed from the original. it was a difficult day for everyone in this country. it was the first time the supreme court took away a fundamental right for americans. it was a difficult day from our -- for our health care providers who were already tackling a difficult landscape, and a difficult day for all americans. i will pass it on to ask the panelists briefly where they were on that friday when they heard the u.s. supreme court had overturned ruby lead. >> i feel almost like i watched the day out -- blocked the day out. i was in san diego and my organization was test running a four-day work week we now actually have. friday for me was a weekend and i do something i don't usually do. i left my work computer at home. [laughter] when it came out, it was nerve-racking for me and great that my boss was very understanding because the plan was to send out an evil -- an email from me. everyone was helpful and patient

alito did tell the "wall street journal" that he is admission the fact it was a justice.justices. thank you so much for joining us, eugene. >> my pleasure, thank you. >> ainsley: let's hand it over to ashley for headlines. >> we're going to start in texas. police in austin pull a car out of the lake boyd's of four men discovered this year no. remains found inside that vehicle yesterday but it was riddled with bullet holes. authorities investigating a string of murders say they have not seen evidence of a serial killer yet. police say several men of the men found dead in the lake had last been seen near a popular strip of bars. discount store tuesday morning is going out of business after 49 years. they are set to close all stores over 480 nationwide as part of a court approved bankruptcy sale for $32 million. this is weight loss company jenny craig is breepg to shut its corporate office as soon as friday. the company could file for bankruptcy this week and warning of mass layoffs. president biden will end covid-19 vaccine mandates for federal employees, contractors and in

justice alito for having dinner with people who gossip. the wife of chief justice roberts for hiring good lawyers. justice gorsuch for selling land in an llc, which he properly disclosed to a major donor to the democratic party, for god's sakes, who he has never even met. and justice thomas for having a rich friend. justice barrett, if you are listening, i hope you don't have library books overdue. if recent history is any indicator, you are next. today's hearing is an excuse to sling more mud at an institution that some, not all, some democrats don't like because they can't control it 100% of the time, and that is a fact, and everybody in his hearing room knows that. until they get the outcome they want in every case, i fear they are going to continue to slander it in an effort to take control of it. and i pray to god i am wrong. thank you, mr. chairman. sen. durbin: thank you, senator kennedy. i will repeat what i said before because it bears repeating -- violence against any public official right or left, democrat, republican, or indepe

justice alito for having dinner with people who gossip. the wife of chief justice roberts for hiring good lawyers. just as gorsuch f -- justic gorsuch for selling land in an llc, which he properly disclosed to a major donor to the democratic party, for god's sakes, who he has never even met. and justice summit for having -- justice thomas for having a rich friend. justice barrett, if you are listening, i hope you don't have library books overdue. if recent history is any indicator, you are next. today's hearing is an excuse to sling more mud at an institution that some, not all, some democrats don't like it because they can't control it 100% of the time, and that is a fact come and everybody in his hearing room knows that. until they get the outcome they want in every case, i fear they are going to continue to slander it in an effort to take control of it. and i pray to god i am wrong. thank you, mr. chairman. sen. durbin: thank you, senator kennedy. i will repeat what i said before because it bears repeating -- violence against any public

alito says that that's not true. just days ago, we also got some new information about the sexual misconduct allegations against justice brett kavanaugh. kavanaugh has consistently denied those allegations, which date back to his time in high school in college and a report from senate republicans claim that there was no evidence to support those claims. those accusations -- and yet, last week, the guardian reported that the kavanaugh report, quote, contained series omissions in its attempt to exonerate the vein -- and then there's chief justice john roberts. late last week, insider reported on a whistleblower who says, after he joined the court, roberts's wife was paid more than $10 million by various legal forms to act as a consultant, including at least one firm which had business before the court after paying her fees. and it's worth noting that these five conservatives, along with the sixth and newest right-wing justice, amy coney barrett, all have ties to the ultra conservative judicial group the federalist soci

legal partner cooper and kirk former clerk for justices samuel alito.l for giving us your time today we appreciate this when you're out we still have more questions and answers, most of us. i want to read something from the wall street journal or justice alito speaking out this week about this. i personally have a pretty good idea who is responsible. it was part of an effort to prevent the dobson draft from becoming the decision of the courts and that is how it was used for the six or people on the outside as part of the campaign to try to intimidate the court. megan, you clerked for the justice. apparently we will never know who leaked this draft opinion the dobbs case because of the standard as justice alito said is very high. it's very clear with the intention of this person was it was to influence the outcome of dobbs free to change that decision. the effect was predictable posada mensa public pressure on the justices including protests outside of their home, threats on their lives. and one man appearing at justice kavanaugh's doorstep with the inte

justice alito recently observed it was the dobbs leak that made justice alito others of his colleagueswho joined in his opinion likely targets of assassination. as justice alito explained, quote, it was rational for people to believe they might be able to stop the decision jobs -- dobbs by killing one of us. astoundingly with that conversation fresh in our minds democratic senators are threatening to defund the supreme court's requested police protection of the justices and their families unless they adopt specific measures that those senators demand. all these tactics are meant to harass and intimidate the court, specifically justices appointed to the court by republican presidents and force them to impose the left's radical policy agenda on the american people, not through the legislative process but by judicial fiat. the left coordinated these attacks with increasingly compliant left-wing media. if you read articles from sources like the new york times, politico and outlets like that you would think the supreme court justices appointed by republican presidents are universally reckle

justice samuel alito recently told two partisan defenders at the wall street journal that the leak "made us targets of assassination," saying, "i personally have a pretty good idea who is responsible." justice clarence thomas complained, "you begin to look over your shoulder." and justice sonia sotomayor said she felt shell-shocked after the overturning of roe and has a "sense of despair" about the direction of the court. on tuesday, chief justice john roberts addressed public questions about the acrimony and concerns about the court's ethics while accepting an award. >> i want to assure people that i am committed to making certain that we as a court adhere to the highest standards of conduct. we are continuing to look at things we can do to give practical effect to that commitment, and i am confident there are ways to do that that are consistent with our status as an independent branch of government under the constitution's separation of powers. >> and joining me now are two former supreme court clerks, jennifer mascott, an assistant law professor at george mason university. she clerked

>> i mean, who knows if justice alito knows who it is, there are a lot of people who think they weree decision, once it was leaked, if any justice change their mind there could be no jockeying and after that point, once it was leaked -- it was set in stone this was the ruling. kennedy: marie. >> if someone on political right. kennedy: if it were someone on political right. >> okay. kennedy: do you think they would be -- >> you know everything, you are right. kennedy: assassinate you. >> you are right. kennedy: change you're vote. your vote, no one said, that no -- these crazy right vigilantes, they are running the country according to fbi. don't you think they would have showed up to keep their votes the same. hannah? >> yeah, if that were situation. >> leak -- >> came from left, that is where the consensus has fallen in is a laughable failure on part of fbi this agent does not solve crimes they solve less than 60% of homicide, this is ju indicative how piss poor our -- is. no matter how you feel, we don't want decisions leaked or court of public opinion getting riled up and threats

. >> so justice alito's statement, what do you make of the recent public complaints from justices iscause some of us have the audacity to cover their poll numbers? >> i would suggest just separating the two issues for purposes of being super clear, which is to say their unpopular poll numbers are in part because of the doctrinal catastrophes that your wreaking, whether it's guns, the environment or abortion. whatever it is, people hate it. you and i have talked about that before. but the thing that's interesting is they want to conflate that with ethics violations, with clear, unequivocal violations of the ethics laws and they want to say you're just mad at us, you want to delegitimize us because you don't like our decisions. they're two totally separate issues. if you're taking gifts, half million dollar gifts from donors who actually have interests in court outcomes, then please don't tell me it's about the dobbs decision. so i think the whole notion that justice alito is the single biggest victim, i guess he says the six conservatives are these single biggest victims of the dobbs

one, you saw that when that alito leak went out of his draft opinion. they all got mad as hell and they said, we're to investigate this. the chief justice said, i've the marshal to investigate this. so he clearly demonstrated his belief that he had the power to order an investigation. and what i've been asking him and telling him and indeed told him at the last judicial conference meeting, which i get invited to, not his favorite invite, i'll tell you, is, okay, now that you establish the proposition that you can order investigations into matters, investigate what thomas knew and when he knew it about his wife's activities, the insurrection, pretty straightforward investigative stuff. so it opens it opens a window for him to lead an ethics regime in which there is at least investigation with traditional investigative principles, that if you lie you know, you're accountable and it's not just press releases from the judges. so that, i think is pretty important. and then, of course, he could always move to try to adopt a code of ethics and to determine a w

justice alito took account of none of that. so i think one of the things that you're asking and it's it's kind of i think the pointed sadness of the dobbs opinion is to not even have regard for, you know, the evolution in of medical, scientific, economic history and the, you know, prize winning people who put work into showing this to the court while instead, you know, citing famous which burnt burner. right. a matthew hale i just think is really emblematic of one of the failures of originalism to account for what has happened since. but if you are really going to be an originalist in this field, you're going to get to reproductive rights. it doesn't matter what path you take. we have time for one more question. woman in the pink, who also has been raising her hand forever. so. one thing that i wondered through all of this, which may not tie in to the rights of privacy is the new medical procedures where babies through c-section, protected and incredibly early stages and kept alive in neonatal and many others. certainly a piece

host: justice alito said states have increasingly adopted safe haven laws, allowing women to drop off babies anonymously. a woman who puts her baby up has no reason to fear it will not find a suitable home. guest: there are plenty of parents waiting to adopt from private domestic adoptions, so that aspect is true, but i would phrase it when we are thinking about the considerations with unplanned pregnancy, we want them to have an informed decision about the option to place a child for adoption, and we wanted to be a non-coerced decision. we have done focus groups, research, and a very large survey of birthparents, and there is a strong correlation between when women are given accurate information, not coerced, they look back on the decision they made and they are satisfied. host: our first call is from warren. you are on with our guest. caller: good morning, thank you for taking my call. this is an intriguing topic. my question is more on the side of people that have been adopted. i'm close to a person that was adopted through the closed adoption. and i'm curious about what legislatio

that case was decided five four, the four dissenting justices were the chief justice, justice alito, justice kavanaugh and justice jackson. so the justices on the right were divided in the justices on the left were divided. it is a perfect talking point whether you like the decision or not, a perfect talking point to explain why the justices are actually doing something that the other two political branches are not. i think the more the court has cases like that the better it is for the court in the long run and the easier it makes our job of explaining what the court is doing. i have one other thing the court can do, and this is also self interested because it affects the case i have before the court next term but there is the numerator. the other part of the equation. it does seem like term after term the court is deciding some of the most divisive issues in society. the framers did not set it up that way. the impetuous vortex was not supposed to be the article three courts. that was supposed to be article one, congress. that was the powerful engine of potential infringement of lib

they had interviewed john roberts they had interviewed samuel alito. they had interviewed michael luttig, all federal judges, all conservative. and the president followed to get to the chief, john roberts. but he went with his gut for harriet miers. a friend of his, also someone he knew in his mind would be conservative enough. remember, he was a a composite conservative. he thought that she was they had their friendship. he thought they had he thought she was meritorious and he thought that she would be a good supreme court justice. you might recall that that didn't work. and so we had the opportunity and i to bring harriet miers here to interview her. we went to washington to interview alberto gonzales. we interviewed karl rove. we interviewed chief justice rehnquist or excuse me, -- cheney, all the people who had served on that process committee. and as it turned out, the right wing of the president's party did not want harriet miers that o'connor seat, because you might remember it was called the swing seat. she a moderate conservative and sometime

justice alito. you went toaw school and have hindsight bias. >> i went to a law school where didtearn any law. >> it's rich to say you know what the average purchasing public knows about. i just -- iad a dog. i kw something about dogs. the qstn isn't what the average person would think but a reasonable person standard. simplify the thing. >> since 1976 you had this substantial number of confusion. the best example is a re that says likelihood ofonfusion or deception. if you think that's the average reasonable judge, okay. i'm not sure how you do a survey on tha if you think something is wrong yo have to say careful design and reading. >> i'm concerned about the first amendment implication of your position and you began by stressing that rogers is made up. you know, there is a text that says. congress shall make no law inif i thinkg on freedom of speech. your answer to the justice's hythetical tells me tre are important constitutional issues. >> trademarks have been around since the 1600. same with c