and that's why i say he's no anthony kennedy. anthony kennedy and sandra day o'connor before him. powell before those two, they were swing votes in a different mode. it had to do, almost entirely, with their jurisprudence. whereas, with the chief justice, he's got this extra weight of wanting to protect the integrity of the judiciary, especially in these volatile times. just think of how he started this annual session which begins back in the fall, you know, by reminding everyone that the third branch is different. people aren't elected. they're appointed. and then he had that rebuke of president trump saying there are no obama judges, there are no trump judges. we're all just neutrally trying to apply the law. so he's trying to send out a signal about judging that he wanted -- i believe he wants to fulfill. and that goes to his role as chief. so, he's a little bit harder to predict in some of these cases. as the man in the middl let's just do a thought experiment to compare the chief to anthony kennedy. anthony kennedy had wanted to keep the door open to partisan gerrymandere ger

to a texas law that the supreme court rule unconstitutional a couple of years ago when justice anthony kennedy was still on the court. >> thank you so much. >> thanks for having me. >>> later today, another review of the supreme court's decisions in the court's most recent term which ended yesterday. that's live from the washington counsel of lawyers. >>> joining us is amy howe. two major decision, jerry man gerrymandering combined. what was the ruling on that one? >> we had two different cases involving partisan gerrymandering. one out of maryland. another one out of north carolina. they ruled that partisan gerrymandering is something that courts should not get involved in. it's what they call a political question. something that should be left to congress and the political proce process. the problem with political gerrymandering is that everybody has long known and accepted that when you've got state legislatures who are drawing maps, of course they will consider politics and the problem with political gerrymandering is how do you decide when a districting map has gone too far when you've co

i worked with- justice anthony kennedy. say something about a few of the lessons that i think we can take from this remarkable career. and i will try to limit myself to three. the first one i will meant in the something you probably -- something that will probably not come immediately to mind when we talk about a man whose work will go down in the history of the supreme court. he is surely one of the most supreme court justices of the modern era, and his work will be studied by scholars for many, many years to come. i want to emphasize something else, and that is the length of his service and his dedication to an enormous number of cases. here are a few numbers. he served on the supreme court in an active capacity for 30 years. 266 opinions of the court, 544 opinions and all sat on more than 2500 cases. and although some of those are landmarks that will long be studied and long remembered, many of them are not glamorous, but every single one of them is a great effort in the product of a modern dedication. and before that, h

keep in mind, for years he was in the shadow of justice anthony kennedy because justice anthony kennedying vote. when justice anthony kennedy retired, he was replaced by brett cka kavanaugh to the righ. as you said, in these two cases it was so interesting to see because he sided with the liberals on that census case, giving at least a temporary blow to president trump, but then in really the case that matters the most, he was solidly with the conservatives. critics said that they really wanted the courts to step in and set up a standard, fred, to say when politicians go too far to draw state lines for political gains, and he said, no, i'm slamming the door shut. so he really was key last week in the end of the supreme court term. >> and it's interesting, this comes after the chief justice really wanted to kind of set the record straight, particularly with the president of the united states, saying we're not justices of obama or trump or anyone but instead we are independent. but then i wonder, with these votes, is he now kind of reshaping even his legacy. >> well, he has two interests,

one thing that's really important about that decision, it was justice anthony kennedy who always left the door open for maybe the court stepping in. today justice brett kavanaugh who took his place slammed that door shut. that shows where the court is going and the difference between kennedy and cavanaugh. >> very, very important decision. thank you very much. >>> more news we are following, including news involving the democratic presidential race. joe biden, bernie sanders, and 8 other candidates, they are preparing to take part in tonight's debate. they may have a taste of what to expect if they watched ten of their rivals face off last night. let's go to jeff zeleny at the debate site in miami. round one put the party tilt to the left on display. we're likely to see more of that i take it tonight? >> reporter: well, there's no question about that. the progressive movement in the democratic party has shaped the party in an entirely different direction than when joe biden last took the stage as a candidate himself. now progressive ideas are front and center in the conversation. most

since anthony kennedy voted with the democratic appointed justices, the independent commissions in the case of arizona were allowed to stand but pretty clear john roberts would vote to eliminate that and with brett kavanaugh on the court, it's not clear he'll allow even those kind of independent commissions to draw the lines going forward since he voted the other way saying they were unconstitutional and, you know, because i think this ruling will spur that kind of reform or at least an effort of that kind of reform in most states because as jeff said, it's an absolute green light for states to be as aggressive as they want to be in redistricting and that's something the republican party employed to the max after the 2010 landslide that they had and the redistricting that followed. >> elizabeth, we heard a f foreshadowing of this from ruth bader ginsburg with the huge importance of the census decision, which we'll get to in a few moments to the fight over the travel ban and talked about the concern over divisions like this, 5-4 divisions, saying given the number of most watched cases,

pelagianism drum has come from an opinion by the supreme court in a passage written by former justice anthony kennedy. in 1992, in a case called casey v. pennsylvania, he worked this -- at the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mysteries of human life. --is the pelagianism vision liberty is the right to choose your own meaning, define your own values, emancipate yourself from god by creating your own self. this notion of freedom says you can emancipate yourself not just from god, but also from society, from family, from tradition. the view says the individual is most free when he or she is most alone, able to choose his or her own way without interference. family and tradition, neighbors and church, these things get in the way of uninhibited free choice. and as i dim of freedom is one of our cultural leaders have embraced for decades now. here's the paradox -- for all the big talk about individual freedom, this philosophy has made american society more hierarchical and made it more elitist. this is no accident. pelagius was

john roberts is not anthony kennedy.nservative on all the hot button issues, on abortion, civil rights, voting rights, on campaign finance. but he is also someone concerned about the institutional reputation of the court and someone who does not want to see the court lurch quickly. but don't kid yourself about which way he wants to see the court go, it's to the right. >> reporter: it's where he was always been, a product of the reagan revolution. that cadre of young lawyers who served in washington to change the world. >> well, the tenor of the times was there hadn't been a republican president -- there hadn't been an acceptance or an involvement of the conservative movement. >> he was a special assistant to the attorney general. before that he was clerk to justice rehnquist and a very prominent court of appeals judge so he was in the judiciary then. then he was in the white house, the executive branch. >> reporter: when at 27, he went to work for ronald reagan's counsel fred fielding. >> when you're in the white house c

my prediction in part before justice anthony kennedy retired, we'll see a death by a thousand paper cutsoach to roe v. wade. states would keep passing laws where well we'll restrict abortion in this way and a little bit more to the point where it is just a holly protection. this is different. this is a full assault on roe v. wade. that's what we are increasingly seeing from states. >> let's talk about the states that do have the so-called heartbeat law. we got them in missouri and kentucky and mississippi and ohio and in georgia. there are other lawsuits that are being planned. if this is a death by a thousand paper cuts on roe v. wade, are these lawsuits effective way to push back against that? >> well, i think absolutely. what we have seen is that these particular laws have been passed largely since justice brett kavanaugh joins the supreme court that none of them have gone into effect. litigation has been enormously effective at protecting a women's right to choose. other heartbeat laws and even more restricted laws that came out of alabama where there was no exception for rape and in

>> look, for so many years, it was justice anthony kennedy who played such a central role on this court he decided certain cases, siding with the liberals, for instance, on lgbt rights, abortion cases. then he's retired and replaced by justice cavanaugh. that leaves chief justice john roberts playing a central role in this court. it's been interesting to see him this term because in the beginning of the term, after those contentious cavanaugh hearings, he gave a speech. he said, look, we are not political. we're the legal branch here. we're different than the other branches of government. and then in the middle of the term, remember, the president was really striking out against judges. again, roberts stepped in with this very unusual and rare statement. he said, look, we're not obama judges. we're not trump judges. we're neutral decision-makers. now here we are at the end of the term. of course, there are these politically charge canned cases that are awaiting. he's going to have to balance his institutional concerns for the reputation of the court against his own judicial philosophy.

the closest that the people wanting to make this claim came was several terms ago with anthony kennedy, who said i might be willing to say there might be a partisan jerry mandering. he's gone, replaced by justice kavanaugh, who joined with the other republican-appointed epps justices, who says the court cannot make this decision. >> let me bring in he served as assistant to the redistricting of the state legislature and worked with north carolina in redistricting litigation before the supreme court rick, your reaction. >> this is not a complete surprise after the oral arguments. certainly it's disappointing for those of us who have pursued litigation in this area and who think that the courts have a central role to play in putting limits on the partisan self-serving manipulation of district design. these cases were two of the most compelling, certainty the north carolina case is the most extreme example of a partisan gerrymander that the supreme court has ever seen. chief justice roberts seems to acknowledge in his majority opinion that it can be reasonably seem to be unjust, as he put

similar to a texas law that the supreme court ruled unconstitutional a couple of years ago when anthony kennedy was still on the court. the supreme court will be reviewing the challengers' petition. in that case. probably when it comes back from its summer recess in october. >> amy howe, thank you so much. >> thanks for having me. >>> later today on c-span 3. another review of the supreme court's decisions in the court's most recent term which ended yesterday. that's live from the washington council of lawyers at 12:30 p.m. eastern. >>> the supreme court ruled yesterday that police officers can draw blood without a warrant from an unconscious driver who's suspected of driving under the influence. the case mitchell v wisconsin was decided 5-4. >> we'll hear argument next in case mitchell versus wisconsin. mr. hinkle. >> mr. chief justice, state advances bold and novel proposition here. simply by an enacting a statute that its citizens have consented to aer is. that's a blood draw, no reason that similar statutes couldn't been enacted in all others. or, consent to an officer scrolling through a p

those lines to say there was such a thing as excessive partisanship was probably last term when anthony kennedy was on the court because he had come close saying if he had the right test, perhaps he'd be willing to say that there was excessive partisan gerrymandering. so i think that this issue is off the table, at least for the next decade. the census decision on the other hand, is a temporary setback, and it may be permanent for the trump administration. and here is why. today the supreme court said we don't buy your explanation for why you wanted to ask everyone who fills out the census form whether they were a citizen. so it's now back in the hands of the census bureau to come up with another explanation that satisfies the courts. but that's going to take time. that's going to take at least several months, i would think, to get a new explanation from census to get a ruling from the court of new york where this case originated from and a lawsuit by 18 states led by new york who said that this would disadvantage them in terms of their representation in congress and the amount of federal money

and he was able to do it this term with the vote of brett kavanaugh, who succeeded anthony kennedy, who was the fifth vote leaving the door slightly open to allowing these kinds of challenges. and interestingly, the chief said we don't want judges involved in politics. but the dissent said you're playing right into politics. look what is happening to democracy. these voting maps are getting rigged based on sophisticated data, polling analysis, computer maps. so he got what he really wanted in this one. >> yeah. it's interesting. we'll have to see how it affects washington here because we've been hearing, you know, on capitol hill that gerrymandering is one of the major reasons why we're seeing partisan tensions increase, you know, over the past few decades. cook political report has said that only 20% of congressional districts are actually swing districts held by sort of moderate voices. and that's a decrease by more than 50% overt past two decades. so with these gerrymandering districts you have more increasingly partisan politicians. they don't have to work across the aisle. and that

cases, the closest they came was a case from pennsylvania about i think ten years ago in which anthony kennedy said, do you know what, i think maybe there is something to this idea, i just don't know what the test is, and other cases have come along trying to lay down such a test, but today the supreme court said forget it. we just can't decide this fundamentally partisan question, political question, and this one was a 5-4 vote along the traditional ideological lines. the census decision was not, it was the chief justice plus the four liberals. >> pete, i can't believe stephanie said, yeah, just explain the whole thing to us and you did. pete williams and maya wiley, thank you to both of you for that. >>> what were you listening to back there? >> i was actually just thinking i would make a terrible supreme court justice. >> you and me both. >> it's good i'm not up for the job. >>> you know, here we are in the room where the debate is going to take place tonight behind us right now, former governor of the state of colorado, john hickenlooper, he and his team preparing, getting positioned, you

ruled unconstitutional a couple years ago when anthony kennedy was still on the court. the supreme court will be reviewingthe challenger's petition -- reviewing the challenger's petition in that case. >> thank you so much. amy: thank you for having me. argument fore oral ritual versus common cause. this is one hour and 10 minutes. >> the root cause is the basic efficient to give responsibility or congressional districting to political actors. they consciously chose to give the primary authority to state legislatures and then to police the possibility that state legislatures which the framers knew to be partisan institutions would engage in too much partisanship. they chose to structural solutions by giving authority. decided the one person, one vote concept, we were pretty much saying certain acts by the legislature are unconstitutional, including race discrimination and others. be that simply because the constitution says that a particular act is in the hands of one branch of government that that deprives the courts of reviewing whether that action is constitutional or

jerry mangerrymanderin it's written to bring claims with these cases would come back and justice anthony kennedy would still be there. another place we're seeing the effect of the switch from justice kennedy to justice kavanaugh will be in the area of the death penalty. it's become an issue they have been divided. the chief justice joined the liberal justices in a case of dementia back to the lower cases. there was another lethal injection case involving a man who was challenging legal injection because of this very rare medical condition that would prompt him to suffocate on his own blood. the courts conservative majority turned him down. i think it was a case granted when justice kennedy was still on the court. >> on that death penalty point, it's interesting because so many of the justices come from the d.c. circuit. they've had no experience with that. i served in a court where there was a lot of death penalty. you really see this ramp up to justices getting used to those death penalty cases when they haven't had them before. it's very different at many levels. >> they describe it as like ad

claim with an eye toward the fact that parts of gerrymandering cases would go back and justice anthony kennedy would still be there. and that certainly turned out not to be the case. another place in which i think we are seeing the effect of the switch from justice kennedy to justice kavanaugh is going to be in the area of the death penalty. it has become an issue on which the justices have been pretty divided, very bitter late-night dissents, the chief justice joined the courts other justices and sending the case of an alabama inmate with dementia back to the lower courts. but, there was another lethal injection case involving a man who has these challenging lethal injection and it applied to him because of a very rare medical condition that he said was going to prompt him to suffocate on his own blood and the courts conservative majority turned him down. i think there is a case that was actually granted when justice kennedy was still on the court but at the time the case was argued and decided he had been replaced by justice kavanaugh. on the death penalty case it's interesting because so ma

ginsburg said one of the biggest dinss from this term and last is the retirement of justice anthony kennedyustice brett kavanaugh. >>> utility officials in california are taking the nurnl step of turns off the power and gas in three counties where conditions are darps for wildfire. pg&e is making the move with triple-digit temperatures in the region as well as wind and humidity levels which are triggering a red flag fire warning. thousands of residents are being warned they might not have air conditioning or refrigeration for days. >>> the toronto raptors are one win away from making basketball history. in game four, kawhi leonard scored 36 points and 12 rebounds to help the raptors win over the warriors. the raptors lead the series, three games to one. that series shifts back to toronto for game five on monday night. now, if toronto wins, they'll be the first team based outside the u.s. to win an nba championship, and they have some amazing fans up there for people who have ever been. >> yes, they do ido. i apologize to canadians. just so you know, i honeymooned there. >>> it's all about f

host: one point from the book june want to get to calls, 27, 2018 justice anthony kennedy's retirement was announced by the court in the trump administration. he had already been at the white house. the visit was kept secret. get the opportunity to fill a second supreme court vacancy in less than two years in office. guest: that was quite a day. we were thinking, what is going to happen? we thought justice kennedy was going to stay. it turns out he had already made clear to don mcgahn, not the , but don mcgahn, the white house counsel, that he was quitting. don mcgahn set in motion this cloak and dagger motion to get justice kennedy into the white house to tell president trump he was leaving. host: cloak and dagger how? guest: justice kennedy did not want to call don himself because they were worried about leaks. he had a high-ranking former clerk of his who is a high-ranking official at the justice department at that time -- she met him for lunch at a smithsonian restaurant, told him about his plans, and said make this clear to don mcgahn. that person called mcgahn. on the day of the

anthony josh was u.s.t. . to the democratic republic of congo now where mourners are paying tribute to a veteran opposition leader it kennedy the longtime opposition leader died in belgium 2 years ago but political turmoil prevented the return of his body he died before his son for leaks won the presidency in the elections last year tend to security was a prominent critic a former leader to assess a sicko and co-founded the union for democracy and social progress party in 1902 he became an opponent along the former president who assassinated in 2001 and his son joseph kabila who govern the country for 18 years almost 2 years after she's a caddy's death his son phillips was sworn in as president although december's elections were marred by claims of fraud it was considered the 1st peaceful transfer of power in 59 years of independence speak to her his life for us in kinshasa so our moment 2 years in waiting haro tell us about the mood for us in contrast a stadium in the significance of today's ceremony. people have been deliberating all day they call it into the case of the hero a man who did stand up against corruption and

it is similar to a texas law, the supreme court ruled unconstitutional a couple years ago when anthony kennedy was still on the court. the supreme court will be reviewing the challenger's petition in that case. probably when it comes back from summer recess in october. scotusblog. of >> now here's the first oral argument on the supreme court, heard on the topic of partisan gerrymandering. from march, this is an hour.

it is similar to a texas law, the supreme court ruled unconstitutional a couple years ago when anthony kennedy was still on the court. the supreme court will be reviewingthe challenger's petition -- reviewing the challenger's petition in that case. >> thank you so much. amy: thank you for having me. argument fore oral ritual versus common cause. this is one hour and 10 minutes. >>

to a texas law that the supreme court rule unconstitutional a couple of years ago when justice anthony kennedy was still on the court. >> thank you so much. >> thanks for having me. >>> later today, another review of the supreme court's decisions in the court's most recent term which ended yesterday. that's live from the washington counsel of lawyers. >>> joining us is amy howe. two major

similar to a texas law that the supreme court ruled unconstitutional a couple of years ago when anthony kennedy was still on the court. the supreme court will be reviewing the challengers' petition. in that case. probably when it comes back from its summer recess in october. >> amy howe, thank you so much. >> thanks for having me. >>> later today on c-span 3. another review of the supreme court's decisions in the court's most recent term which ended yesterday. that's live from the washington council of lawyers at 12:30 p.m. eastern. >>> the supreme court ruled yesterday that police officers can draw blood without a warrant from an unconscious driver who's suspected of driving under the influence. the case mitchell

a texas law that the supreme court had ruled unconstitutional a couple years ago when justice anthony kennedy was still on the court. so the supreme court will be reviewing the challenger's petition in that case probably when it comes back from its summer recess in october. >> amy howe, co-founder of scotus blog, thank you so much. >> thanks for having me. >>> today, former president jimmy carter said president trump was not legitimately elected president because russia interfered in the election. and former vice president walter mondale called president trump, quote, detestable. in a discussion about human rights hosted by the carter center. you can watch the entire e feve tonight on c-span3 at 8:00 p.m. eastern. >>> u.s. trade representative robert lighthizer called on congress to approve the u.s./mexico/canada trade agreement. he also updated lawmakers on trade talks with china and japan. he testified last week before the house ways and means kme. committee. >> thank you, mr. chairman. mr. chairman, ranking member brady, members of the committee, it's a pleasur