>> i think the question is that is there something different between antonin scalia's original is in which may be based in his religious belief and burgers original-ism. i don't know that berger was in her was a conservative.and which is not based in religious belief. first, scalia - >> one justify through religion and the other through an original interpretation. >> antonin scalia never justified on opinions on capital punishment. he in speeches and articles and comments to his biographer, he justified it on the basis of religion and he kept saying, you cannot separate me from my catholicism because it is who i am. now, i think that he did say that if there ever came a time when of course there was duty under the oath of office that conflicted with his oath of office but he resigned but there never was a conflict. [inaudible question] can you talk a little bit about that in terms of his - >> i think is an institutionalist. i think he has deep feelings about the court and its place and the constitutional system. while he's a lot during his confirmation hearings, it was nonsense about

she graduated with distinction from the antonin scalia law school at george mason university and with honors from university of virginia. thank you for joining us and well, to the program. to my immediate right we have professor james cooper, professor cooper is an associate professor of law at antonin scalia law school at george mason university. james brings over a decade of public and private sector expensed as research and teaching work. james also spent time at the federal trade commission where he served as the deputy and acting director of the office of policy planning and is an attorney advisor to the federal trade commission or bill. i wanted note james also spent some time here with the antitrust group, a fairly fine firm crowell & moring in his earlier career. we are happy to welcome james back. his research at the law school focuses on competition and consumer protection issues including privacy, data security, state restraints on competition, behavioral economics and antitrust treatment and prices commission. -- discrimination. james has a ba from university of south caro

james also holds a law degree magna cum laude at antonin scalia school. >> allison is assistant attorney general and anti-trust unit in the virginia attorney general's office. she currently co-chairs the national association of attorneys generals state action working group so the right person to be on this panel. ms. allen successfully argued the summary judgment motion and 4th circuit appeal on virginia board of medicine and six individual board members against an anti-trust claim by a chiropractor sanctioned by the board for practicing outside of the statutory scope of practice. recently ms. allen represented the commonwealth of virginia in federal and multi-state to mergers and worked to challenge and settle other mergers. before coming to the virginia attorney general's office, sara has spent time, eight years at the federal trade commission. so, thank you very much. and with that, i will turn it back over. >> great. so, the format of today's program is we're going to try to do interactive discussion led by the moderator's asking question and reserve 10, 15 minutes at the end for que

he is on associate professor of law at antonin scalia law school at george mason university. james brings a decade of public and private sector experience through his research and teaching work and he also spent time at the federal trade commission where he served as the deputy and acting director of the office of policy planning and as attorney advisor to federal trade commission or bill come off sick and he also spent time here with antitrust group earlier in his career, so we are happy to welcome at james back. professor cooper's research at the law school focuses on competition and consumer protection issues including privacy, data security, behavioral economic and antitrust treatment of vertical practices and price dissemination. james has a ba from the university of south carolina and phd in economics from emory university and also holds a law degree from antonin scalia law school at george mason university. last, but not least we have sarah oxenham allen. sir alan is eight senior assistant attorney general of the antitrust unit in that virginia attorney general's offic

mcconnell that pulled the strings and paved the way by blocking president obama's choice to fill antonin scalia'surt. he got a lot of heat for that. the president should remember that. and gerald says, neil, you're full of crap. i think that's what they call a fair and balanced bashing. i wouldn't have it any other way. i can take the heat, so i'm going to stay in the kitchen. i know that disappoints some of you. since the issue of fairness comes up a lot, i should explain myself again now. i'm a never trumper or an always trumper. i cover the good and program. i do three hours of programming between the news channel and fox business. more on the weekends. i have plenty of time to cover both and i do. i can see the good and the not so good in the president. like every president. i try to cover him and the balance he deserves, the balance i think you deserve. i know the president well. i've covered him for more than 30 years. i know, don't look like it but it's true. back to his real estate days, his casino days, his media celebrity days. all of those days. he's a brilliant business man and i was

the seat held by late justice antonin scalia remains vacant as republicans refused to consider the nomination of judge merrick garland. stephen breyer has served on the court more than two decades, president bill clinton nominate. first named to the bench by jimmy carter in 1980. served 14 years as a judge and later chief judge for fourth court of appeals in boston. known for pragmatism, love for literature and arc deckture. his third book the court and the world was accomplished last year, exploring the world of foreign and interpretational law in american judicial decisions. i spoke with justice breyer at the 92nd street y here in new york city and here's that conversation. i begin with this book he's written "the court and the world: american law and the new global realities." it is an analysis of the role of the supreme court vis-a-vis the rest of the world, and we were talking backstage and, somehow, this book now in paperback, and you and i talked about this, is getting a resurgence. >> i hope so. ( laughter ) >> rose: well, you know it is. speculate about that. is it because of our tim

the tactical team got to the alexandria ball field where congressman steve antonin scalia and others were shot. it's unclear whether the team got to pelosi's home or was reouted or how much time was lost in the mix-up. >> and in the meantime a missing concerns case in virginia comes to tragic and three disappeared without a trace on last friday night which sparked a frantic search for ans, melanie alnwick is live this morning in leesburg with what happened. mel. >> receive and allison family from helping with the search and clue that led to discovery. if you can see it there's a little kink in the guardrail there. and on this bridge and many people probably dent realize went over cycling creek. that is when they made the terrible discovery. when i talked with courtney's mother yesterday before the car was found she told me that she had told her daughter to be careful and watch out because of the bad weather. family members searching a long with police and other deputies for any sign of 27-year-old courtney ash and 9-year-old cousin jay lynn stils russel and 5-year-old son cameron mar

, but, you know, speaking of excessive expectations, when mitch mcconnell set out to prevent antonin scalia's seat from being filled by democrats, he didn't start from the position of excessive expectations. he latched himself to the rutter and headed for the fight and protected people like john mccain for a year and a half from having to make any tough votes on that. and he won. it was a huge victory >> that's a really good point, charlie. >> then john mccain returns that favor by going and kind of stabbing him -- not stabbing him in the back but -- >> that's how people see it, though. >> if i'm trying to sort of understand this, right, when you look at the whole excessive expectations formulation, that mcconnell used, i think if you look at it narrowly, within the d.c. structure, he's right. however, if you are a voter out there and you have heard the republicans tell you in 2010 -- you've got to give us the house. and then 2014, you've got to give us the senate. then 2016, we really just need the white house. you say okay. that's the problem. when you keep moving the goal post and telling

, but, you know, speaking of excessive expectations, when mitch mcconnell set out to prevent antonin scalia'sdemocrats, he didn't start from the position of excessive expectations. he latched himself to the rutter and headed for the fight and protected people like john mccain for a year and a half from having to make any tough votes on that. and he won. it was a huge victory >> that's a really good point, charlie. >> then john mccain returns that favor by going and kind of stabbing him -- not stabbing him in the back but -- >> that's how people see it, though. >> if i'm trying to sort of understand this, right, when you look at the whole excessive expectations formulation, that mcconnell used, i think if you look at it narrowly, within the d.c. structure, he's right. however, if you are a voter out there and you have heard the republicans tell you in 2010 -- you've got to give us the house. and then 2014, you've got to give us the senate. then 2016, we really just need the white house. you say okay. that's the problem. when you keep moving the goal post and telling people what you need to get

in a 2001 case, justice antonin scalia used the logic of brandeis' dissent to hold that federal agents could not use a new technology, thermal imaging, to look through the walls of danny lee kilo's house to determine that he was growing marijuana. even though the agents used the machine outside the premises, they had secured information about inside and so could not use that evidence without a warrant. then in 2013, a drug-sniffing dog was brought to the front door of joellis jardine's house and reacted strongly to the smell of marijuana. based on this, police secured a warrant, found cannabis in the house and arrested jardines. once again, justice scalia said that the use of a dog required a warrant before any evidence produced could be used in court. the two opinions by scalia track the brandeis opinion in olmstead, but do not cite it, because justice scalia did not believe in the other half of the dissent, which was about the right of privacy. now, privacy as a constitutional right cannot proscribe those decisions that men or women make to shape their own lives. certain choices, bra

but going back not that long ago, you had antonin scalia, whose seat was open. justice gorsuch is now filling it, and scalia very conservative , was unanimously confirmed in the senate. ruth bader ginsburg, hard-core lefty, she was confirmed 96-3. gone,days are long because the partisanship of these bar -- battles have become more pitched and a zero-sum. the last thing i will point out is, some people say if only we had a system like another country. like a parliamentarian system like in canada or great britain. in order to adopt a different electoral process, that would take a massive constitutional change. i do not think it is realistic. are tong that i think we at least take a look at, is the system of voting that they have in australia. i have a cousin that works in conservative politics in australia and i visited him a couple years ago and they were in the middle of a campaign and if you think we have tough ads here, attack ads, some of those in australia were brutal. i was like, oh man. anyway, the way they do it is, they have what is called ranked voting.

going back not that long ago, you had antonin scalia of, whose ando seat was open gorsuch is now filling, very conservative was unanimously confirmed in the senate. restated ruth bader ginsburg was confirmed 96 to three. become hards have pitch and zero-sum. some people say if only we had a system like another country, like a parliament in great britain or canada or wherever. in order to adopt a completely different electoral process, that would take massive constitutional changes. i don't think it's realistic. one thing that i do think we ought to at least take a look at is the system of voting that they have in australia. i have a cousin who works in conservative politics in australia and i visited him a couple years ago. they were in the middle of an election campaign. if you think we have tough ads here, attack ads, some of those australian attack ads were brutal. i was like, oh man. anyway, the way that they do it is they have what is called a ranked voting could the more . the more that i thought about it, the more i liked it. the way that it would work is or at least the way it wo

laughter] including a case that would have affected public sector labor unions. ,ut then justice antonin scalia died suddenly in february 20 16th, turning the term upside down. adcident obama nominated chieftains -- d.c. chief judge mary garland to fill the seat.justice garland did not get a hearing. after the election, president trump nominated 10th circuit judge judge gorsuch to the bench and he was confirmed in the spring. judge gorsuch participated in a handful of decisions. he is already making his mark on the court. retirement rumors continue to circulate about justice kennedy. more movement at the court could be coming in the near future. empire strikes back might have had its release date pushed back , but there is still every reason to believe the eventual sequel will be a blockbuster. [laughter] joining us to sort out what the court did this past term and what it will be doing going forward is our stellar panel. i will keep the introductions brief. i will be introducing the speakers in the order from here. greg store has covered bloomberg news since 1998 and covers the bloomberg law p

justice ginsburg and antonin scalia. justice ginsburg: take the worst-case and roe v.ade is overruled by the supreme court. there will be states, a sizable number, that will not go back to the way it was. at the time of roe v. wade, there were four states that gave women access to abortion without any questions asked in their first trimester. those states are not going to change. can it means is a woman who for a plane ticket -- who can afford a plane ticket, a bus ticket will be able to decide for herself whether to have an abortion. choiceho won't have that . scalia: these are questions for the american people to decide. do you think abortion should not be prohibited? fine, persuade your citizens, pass a law. don't tell me that the constitution has taken that issue out of democratic choice. it simply hasn't. host: there we have both members of the court currently and u.s. senators laying out the continued divisive arguments over roe v. wade. onant to get on the record the effect on the court itself. appointments from roe on became a litmus test for both sides. can he

just finished one on antonin scalia. and is an active writer and still quite a bit at work. jim hamilton has had an active law practice. represented senator who was one of the committee members. and then has gone on and in addition to his legal work, vetted almost every vice presidential candidate going back a number of years and other folks. so people who are very active out of watergate. and with that, lesley stahl i think you have a good idea about. obviously 60 minutes. leslie also was -- is this your first, second, third job when you got to cbs? second. so i'm going to let her start off and we'll go from here. thank you, everybody. >> gordon. when we're all done we're going to give a special thanks to gordon for pulling this together. definitely. but before we get into reminiscing. can we do a round in which each one of you in your own words describe watergate and its significance. how would you explain it? anybody want -- >> i'll start. it's the first time in anybody's memory that somebody challenged the president of the united states. up until richard nixon, the posit

host: in today's modern court justice antonin scalia was part of the majority that upheld the right ton the american flag. in our final clip we will have a bit of justice scalia talking about the decision along with ruth bader ginsburg. justice scalia: you can be using your first amendment rights and it can be abominable. i will defend your right to use it, you are right to use it, but i will not defend the appropriateness of the manner in which you are using it now. that can be very wrong. justice ginsburg: justice scalia was praised by some, criticized by others for his decision in the flagburning case. that you thought the act itself was reprehensible. justice scalia: i would have sent that guy to jail if i was king. [laughter] b>> but by your ruling, he had the right to burn the flag. justice scalia: that is what the first amendment means. you have your right to express your contempt for the government. that doesn't mean it was right for him to do that in that manner by burning a symbol that meant so much to so many other people. he had the right to do it. host: two of the justices

he said that miranda has been accepted by the culture and this causes antonin scalia's head to almostlode. he's so upset about this rule. he says the court has converted miranda into the very pyramid and it was the great king who was so argrogant and killed a lt of people. but chief justice rehnquist was really like warren in some ways, a pragmatist, much more conservative and as an associate justice had been a little bit pure in his constitutional views but i think he was moved as we saw the tv warnings and the fact that this symbolizes law enforcement across the world, thanks to its acceptance in popular culture and then combined with the fact that the other justices thought that the cops had accepted it, meant that the president himself made powerful arguments, a case brought in good faith but 7-2, rejected. >> pete is in georgia. hi, pete, you're on the air. >> caller: hi. good evening. my question is about the salinas detective case in 2013. i think what the professor was saying about the inherent weaknesses of miranda was in full display where we see a very divided court. i thin

mitch mcconnell single-handedly stopped barack obama from billing antonin scalia's the prim court seatly victory donald trump has had as president of the united states. he needs mcconnell to give him more legislative victories, not less. it's not just mitch mcconnell. >> eric: that's not how the presidency as it apparently. according to the times report, they've had an expletive deleted phone call among each other. he blames mcconnell for the failure of the health care reform and blames mcconnell for the russian investigations and capitol hill. >> that's insane. he needs mitch mcconnell. if he's going to get any legislation, he's got tax reform, infrastructure, all sorts of priorities that he's got to get through and he needs mcconnell to do those things pretty can't afford to be alienating him and he can't afford to be alienating the rest of the republican conference. think about the people he has attacked. he is attacking jeff flake and dean heller. his pro-trump group ran ads against dean heller when he was waiting on obamacare. he needs a dean heller and jeff like in the united sta

and this causes justice antonin scalia -- his head almost explodes, he's so upset.says the court has converted miranda into the very cheops pyramid of judicial arrogance. i didn't know what that was until he reminded us cheop was the great king he believed he could build the biggest pyramid in history and killed a lot of people doing that. chief justice rehnquist really was, like warren, a pragmatist. much more conservative, lone ranger, a little bit pure in his constitutional views. i think he was moved as all the other seven justices were. we saw those tv warnings, we saw the fact that this symbolizes law enforcement across the world, thanks to its acceptance in popular culture. and that combined with the fact that the other justices thought that the cops had accepted it, meant that -- very powerful arguments, valiant, this is a case brought in good faith, but 7-2 rejected it. >> pete is in fortson, georgia, you're on the air. >> caller: hi. good evening. my question is about the salinas detective case in 2013. i think what the professor's saying about some of the

mcconnell single-handedly for an entire year stopped barack obama from putting a liberal to replace antonin scaliang him one legislative victory and need some going forward. you can't score goals when you're shooting on your own net. not just mcconnell he is attacking but just lakin and dean heller, two of the most vulnerable senate republicans in the 2018 election. once we learn from obamacare is 52 votes is not enough for the trump agenda. we need to expand the majority, not contract it. democrats are going to take those seats. he is attacking john mccain. i know he's frustrated with john mccain for his vote on obamacare but he needs john mccain to pass these other things. he attacked lisa murkowski, bad vote on obamacare but she's chair of the energy and natural resource committee, we need her to pass his energy agenda. you cannot win policy victory by attacking your own team. putting pressure on 10 democrats, to get them to vote the right way. stuart: the key point of the growth agenda in my opinion is the tax-cut. got to have the tax-cut to get the economy going. i have 30 seconds left. do yo