are the appellant. >> okay. so john, i'll give you -- actually, i'll try to do that. i'll try to unmute that and see. just give me one moment. >> so sorry. this is alec. >> do you want me to put you in the meeting? oh, it's okay. hello, caller. this is -- you are unmuted. are you calling in related to the abatement appeals board case? >> no. >> no? >> no. okay. are you present for the meeting of the department of building inspection? yes. >> okay. neither of them are calling in for the appellant, so they're both staff members. >> commissioners, brad russi again. so under the building code, the failure of the appellant to appear results in the effectiveness of the abatement order. you can proceed that way or you can also continue the matter because this person did apparently request a continuance. my understanding was the secretary had granted a continuance once already, and i think the practice of the abatement appeals board and the secretary is that they will grant one continuance if it's requested before a hea

who is interested in supporting the appellant? this appeal of 66 mountain spring. >> caller: yes, there is. >> clerk: welcome. >> caller: yes, there is someone. >> clerk: i do support the appeal because i think an environmental review should be conducted because it is not stopping the project. it's just saying that a review should be conducted and who know what is the findings will be. i personally don't think there is any reason not to have the review. all right. thank you. >> clerk: thank you for your comments. operations, is there another caller to hear from? who is interested in supporting the appellant. >> hello, caller. hello, caller. you are unmuted. you have the attention of the board of supervisors. i believe i hear your television in the background. >> hello. >> clerk: welcome. >> caller: thank you. i live in 75 claritin avenue. i agree all the points mr. jackson made previously here and just to be efficient, i will also talk about the proper demolition and construction of the property at 66 mountain spring avenue. it is

the appellant cites precedent. and we included many examples of homes built without direct street frontage in the immediate few blocks. one only needs to do a survey of google maps to see hundreds of similar examples of homes without direct frontage in every neighborhood. okay. so this is precedent set something i hope so. let's hope that housing can be built and let's hope that good design is encouraged. let's hope that people can find creative ways to build new homes that are minimally impactful to adjacent properties. and passed on by the zoning administrator and the advisory team and the planning commission. i hope that the supervisors will each make an independent judgment here today in your role as jurors. i have heard that there's a concept of deference to the district supervisor and i do not know where supervisor preston will come down on this. in this case i would respectfully request that you each independently evaluate the merits and the voracity of the appeal submitted in the oral and written documents.

from the appellant. i didn't quite sense the specificity of their concerns until their comments tonight. but in terms of the deck, the project has been reviewed extensively by the zoning administrator and the residential design team and finding that the project as a whole and the deck as well complied with the residential design guidelines. and fairly modest deck in terms of the size and location. and would not run afoul of the residential design guidelineser to policies and procedures. >> commissioner: thank you. we will hear from vice president honda. >> commissioner honda: you answered one of mine that you were the za at the time. during the last variance, was it contentious at all, mr. sanchez? >> not that i recall. in going back and reviewing the variance decision letter, that project was subject to neighborhood notification, no discretionary reviews filed on the previous project and perhaps the property owner may better recall what kind of conversations they had with neighbors at that time. that va

operations, are there any other callers on behalf of the appellant? >> yes. >> great, welcome. >> hi, my name is mare meredith. i just wanted to make clear that there's been two gas pipeline explosions since the board of supervisors in 2017 motion was passed. one in bruno bruno heights that because of pg&e negligence and another from a backhoe slip. the results were devastating. imagine what would happen on a 26-inch pipeline. the response time of three hours was criticized by supervisors but this is what pg&e has approved here. other concerns were also presented in the hearing and they continue to be concerns that this project presents. san francisco fire department battalion chief rex says the gas leaks during construction is not uncommon, yet the emergency response and evacuation plan is riddled with misinformation on what to do during a gas leak. supervisor ronen, thank you for saying this. it revives my concern about pg&e's account bt. th -- accountability. we urge you to uphold the letter and spirit of what you said during that hearing and requi

i would absolutely reject the appellant's claims. i can't really see the point of using ceqa, which is meant to be an environmental act to protect the environment, and using it in the exact opposite way which is to harm the environment. and so i would just like to support you all and thank you for your work and trying to make san francisco a better place right now in the midst of all of this crisis. thanks. >> clerk: thank you for your comments. so there are 16 listeners in the queue. and there are five members who are already lined up to make public comment. if you are one of the 16 listeners, please press star, 3, if you would like to make public comment on behalf of the m.t.a.s decision and in opposition to the appeals. operation, next caller, please. >> caller: hello, good evening, supervisors. sorry for that, i'm out of breath and working out while waiting my turn in line. i'm mike chan and i live in district 2 and i'm speaking as a member of the advocacy group that advocates for walkable and sustainable and more affordable neig

the appellant is wasting city resources and i ask you to dismiss this. thank you. >> clerk: thank you for your comments. operations, let's hear from the next caller, please. >> caller: hi there. i live in your district, president yee. and i wrote to you about the slow street boutiques closure. and my concern is that, you know, i spent my childhood riding golden gate park, with my dad every weekend. so i love the idea of closed streets. but with twin peaks boulevard closed, my street that i live on, panorama is like a freeway. and it's -- you know, we're all at home working all day. and there's a lot of craziness out there. so, you know, i'm just a little concerned, you know, about mitigating the impacts on the neighborhoods. maybe this is a unique one. but, you know, i am concerned about that. so i wish that i'd heard back from you when i emailed you about it. but i am concerned about the impact, you know, there are kids in my neighborhood too. and the cars are just flying down the road. it's a very quiet neighborhood. thank you. >> clerk: thank you for

both sponsor and the appellants are aware of the continuance. >> okay, thank you. so is there a second for this continuance? >> second, supervisor preston. >> okay, seconded by supervisor preston. madam clark, before we take that motion, let's take public comments on the continuance itself. >> okay. >> are there any members of the public who wish to speak on the anticipated continuance? >> operations, do we have a caller on the line? >> operator: [indiscernible]. >> great, welcome, caller. weefr taking public comment on the continuance of items four through seven. this is appeal of revised final mitigation declaration proposed for the fulsome street project. are you with us, caller? if you are interested in speaking, please just express star 3 and that moves you into listening mode, if you haven't already. welcome, caller. all right, while operations is queuing up the next caller, the meeting identifier number is 1463408583, press pound twice and if you are interested in speaking on the continuance of items 4 through 7, press star 3 now. okay, we understand that th

the appellant disputes this finding. during our analysis, we found that the scale of the proposed building and its setbacks are in keeping with the district. however, we found that the proposed style of the new construction is not considered compatible with the seacliff district. the key take-away here is the project chris bold elements that are cattabl compatible with the district. the threshold for a substantial adverse change to an historic resource under ceqa is material impairment. it occurs when a project demolishes or materially alters in an adverse manner those physical characteristics of a historic resource that conveys historical and justifies eligibility to the california register. in this case the historic resource is the california eligible seacliff historic district. the department finds that the demolition would not result in a significant impact to the difference as the subject building is one of a collection of similar buildings. in addition, the type, period, and style of the building would still be str

so i'm sympathetic to the appellant today. however, i would like to know from you, in this case, when there's a long-standing business or certainly an established business and zoning changes in the district in which the business is operating, has there ever been or is there any flexibility, evidence of flexibility to sustain that business even though the legislation has changed and the existence of that business in that location is now illegal? >> the only preface would be if it was to be legalized. the zoning board doesn't have a discretion of giving an exception to the use requirements. so it's something that it would have to be a legislative fix through the board of supervisors. >> and so if we were to not take jurisdiction on this, where does this business owner go from here? does he shift gears and go to his supervisor who represents his district? or what is his next step? >> i mean, that's something they should have done over the last three years, would have been to pursue a legislative amendment to allow the use, but it

when jimmy carter became president, there was only one woman on a federal appellate bench in the entire country. and jimmy carter was determined to change the complexion of the u.s. judiciary. photograph that shows president carter in october of when he may have sensed he would lose the election, but he held a reception for women he appointed to the bench and said he hoped he would be remembered for changing the face of the for appointing women and members of minority groups in members. he chose people of the very best quality. after he set that pattern, no president ever retreated from it until president reagan was president to be the who appointed the first woman to this court. he did, and he made a splendid choice in justice sandra day o'connor. but it is jimmy carter who judiciarye federal should draw on the talent of all the people of the great united states and not just some of them. >> what did you do in his administration? theice ginsburg: i was on road -- before that, i had been a law teacher for 17 years. >> one of the things you talk about is the fact that you were before the

the appellant is wasting city resources and i ask you to dismiss this. thank you. >> clerk: thank you for your comments. operations, let's hear from the next caller, please. >> caller: hi there. i live in your district, president yee. and i wrote to you about the slow street boutiques closure. and my concern is that, you know, i spent my childhood riding golden gate park, with my dad every weekend. so i love the idea of closed streets. but with twin peaks boulevard closed, my street that i live on, panorama is like a freeway. and it's -- you know, we're all at home working all day. and there's a lot of craziness out there. so, you know, i'm just a little concerned, you know, about mitigating the impacts on the neighborhoods. maybe this is a unique one. but, you know, i am concerned about that. so i wish that i'd heard back from you when i emailed you about it. but i am concerned about the impact, you know, there are kids in my neighborhood too. and the cars are just flying down the road. it's a very quiet neighborhood. thank you. >> clerk: thank you for

it's the board's duty to hear the appellant and not be a mouthpiece to m.t.a. appeals to the board are the last level of appeals to resolve issues at the administrative level. they're important in the ceqa scheme and serve to obviate the need for litigation. we ask that the board continue the dates beyond september 29 and study our request. >> clerk: thank you. >> and state again, one week is not long enough. >> clerk: thank you for your comment, miss miles. operations, do we have another caller, please? >> operator: madam clerk, that completes the queue. >> clerk: okay. thank you. mr. president? >> president yee: thank you. seeing no other public comment, public comment is now closed. supervisor peskin, do you have something? i see you on the roster. supervisor peskin? >> supervisor peskin: i already made any comment. that's an old. >> president yee: yeah, i can only tell -- >> supervisor peskin: yes, i spoke much earlier. thank you, sir. >> president yee: madam clerk, can we actually take motions on the continuance together? >> clerk: if you're speaking about

so the conferences, they are what you would see in most appellate courts in the united states except the typical is easier to have a conversation among three then among nine. that youro respect colleagues are not there to hear a speech from you. we speak in seniority order. this term, i'm number seven. next time, i will be number six. to go first. in aan tell the rest persuasive statement what you think of the case. that,ou are on the end of you have a certain advantage. you know what the others think. you can incorporate what they've said into your own statement. >> thank you, justice ginsburg. justice ginsburg: ok. we are looking live at the white house where flags are at half staff to honor justice ginsburg who died this evening after serving 27 years on the supreme court. newsdent responded to the after a rally in minnesota. she just died? while. -- wow. i didn't know that. you're telling me for the first time. she led an amazing life. what else can you say? she was an amazing woman. whether you agree or not, she was an amazing woman who led an amazing life. that.d to hear thank

so the conferences, they are what you would see in most appellate courts in the united states except the typical is easier to have a conversation among three then among nine. that youro respect colleagues are not there to hear a speech from you. we speak in seniority order. this term, i'm number seven. next time, i will be number six. to go first. in aan tell the rest persuasive statement what you think of the case. that,ou are on the end of you have a certain advantage. you know what the others think. you can incorporate what they've said into your own statement. >> thank you, justice ginsburg. justice ginsburg: ok. >> the country remembers supreme court justice ruth bader ginsburg. joe biden delivered brief remarks on the passing of justice ginsburg in wilmington, delaware, he called on president trump and republican lawmakers to hold off on trying to nominate and can irma replace and before the 2020 presidential election.

and judge sullivan, the appellate court of d.c.e no intention of doing the right thing, the legal thing, the constitutional thing. attorney sidney powell joins us next. >>> and we invite you to buy the new week "the -- book "the trump century," available at loudobbsshop.com. that's loudobbsshop.com, a plus for all american patriots. anyone who orders gets a autographed copy of my book, if you win the lottery, at least. [laughter] we'll announce that on friday's show. did i mention loudobbsshop.com is for patriots? stay with us. ♪ ♪ so through ancestry, i discovered my great aunt ruth signed up as a nursing cadet for world war ii. she was only 17. bring your family history to life like never before. get started for free at ancestry.com you can both adjust your comfort with your sleep number setting. number 360 smart bed. to life like never before. can it help me fall asleep faster? yes, by gently warming your feet. but can it help keep me asleep? absolutely, it intelligently senses your movements and automatically adjusts to keep yo

that's not a question that's come up, and i don't know that's what the appellant wants. i think the appellant wants to have the two 80 fasquare foot structures that are there now. which no think he is allowed to have that. i've been working at the counter years ago, and this question has come up. it's not that often, but under the interpretation, you can have one 100 square foot structure. >> so this is the first lime that an l.o.d. has been issued on this particular topic? >> yeah. usually, people ask the question, the answer is given, it's accepted. this is a 30-year-old interpretation. i think people can see that it's reasonable, that if -- if not one, how many can i have. it's not a rear yard requirement. i don't think i remember it being challenged other than a question at the counter. >> thank you. >> commissioner tanner? >> so i think to commissioner santacana's point, i see two paths. the one that you and i are in agreement on is the fact that there was an error. there could be any number of structures that total 100 square foot of coverage in the rear yard, at l

i'm an appellate lawyer here in san francisco and also the chairman of the appellate section of the bar association of san francisco which organized this event. i'd like to extend a warm welcome to members of a few groups cosponseterring tonight's program. the historical society, the northern district california chapter and bay area chapter. i'd also like to welcome c-span which is broadcasting it discussion tonight. i find that actually asserting this is the first time c-span has come, so we've made it. truthfully i do think c-span has some of the most insightful and thought provoking delve. so i recommend you check it out if you don't already. before we begin i'd like to ask everyone to phototheir phone on vibrupt. be sure to sign-up. we're also going to save some time at the end of the program toomt for question. so if any questions akoor to you while our pnlalists are zgs they're they're discussing please write them down so you won't forget. and before that she was the acting solicitor -- acting deputy solicitor-general under president obama. during that time she argued 12 cases in

i am an appellate lawyer. i am also the chairman of the appellate section of the bar association of san francisco which organized this event. i would like to extend a warm welcome to those who are cosponsoring tonight's program. the federal bar association, northern district of california chapter and the american constitution society bay area chapter. i looked welcome c-span which is broadcasting the discussion. in 10 years or so but i have been putting on -- that i have been putting on programs like this, c-span is here so i have made it. it is some of the most awful programming on television when congress is out of session. onthoughtful programming television when congress is out of session. the next on january 28 is on settling cases in the ninth circuit. we are going to save time at the end of the program for questions. if any of her to you, howard -- panelists areour discussing, write them down so you don't forget. ,o my left is leondra kruger associate justice of the california supreme court since 2014.

appellate circuit. it's incredible.ney -- and i speak only for myself, of course, not for siny powell. sidney powell. thank you for being with us, we wish you all the best of luck. we wish general flynn all the best. this is outrage upon outrage as you go forward, we wish you the best. >>> up next, nancy pelosi rejects the white house china virus aid package. do the radical dems care at all about the suffering of millions of americans who have lost jobs? treasury secretary steven mnuchin joins us on that next. and you can preorder my new book, "the trump century," available now for preorder at our new store, loudobbsshop.com. loudobbsshop.com. for a 15% discount, just enter the count dobbs at loudobbsshop.com. we're coming right back, much more straight ahead. stay with us. ♪ ♪ don't forget your lunch! i'm making pizza on king's hawaiian mini subs. yum! king's hawaiian. ♪ if i could, baby i'd ♪ how can i, when you won't take it from me ♪ ♪ you can go your own way ♪ ♪ go your own way your wireless. your rules. only with

supreme court unique as compared to practice in front of other appellate courts? perhaps one way to start, justice kruger, is what do you think makes practice at the u.s. supreme court different, if anything, from practice in your court from the advocate who is appear and argue in your court? >> sure, the first question actually may be a little bit more straightforward to answer. >> go with that. >> we'll start there. i think the fundamental difference is that the u.s. supreme court, like the california supreme court, in matters of state law s a court of last resort. and it has mostly discretionary control over its docket. its primary purpose isn't to correct mistakes that happen in the lower courts. its primary purpose is to ensure the integrity and uniformity of the law across the entire united states and where there are questions that have come up that have confused the people in the trenches applying laws in the lower courts, the united states supreme court's job is to help provide answers and to advance the understanding and development of the law. what that

here was democrat durbin during the barrett 2017 appellate cour confirmation hearing. watch. >> i can't tell you how many nominees have been forced on this panel for bench and also virtually all stay the same. i'm following the president, i' following the law, i'm followin the constitution. don't worry at think about who am. what my life experiences have been. put it all aside. i don't believe that for a second. >> in order to be a catholic in good standing to be on the court , you have to be a catholic that is pro-choice, that believes in the changes to traditional gender roles or you're immediately suspicious because that's what it sounds like to me. >> at most american catholics are pro-choice, they don't follow the teachings of the church religiously. they probably should, but they don't. so i am not of the belief that your is a judgment, it is what you have done commit what you have advocated in your life. >> what did she advocate? >> all of those things were fai game. >> again, my question to chris, and he's not answering it and i think this speaks volumes. what

they are going to be guided by the mistake they made which was put on the appellate court when senatornstein from california questioned her catholicism saying the dogma lives strongly and you referring to her catholic beliefs. they are going to be a little bit more, step back a little bit but it's going to get ugly. >> dana: one of the things lindsey graham said is after blue which is a democratic fund-raising arm, they've raised a ton of money but from your perspective, our conservatives energized to vote, more so in this election more than they were before but our democrats as well or are they depressed because they're going to lose this one? >> they are both energized right now and if you put your finger on it, if there is a vote before the election and they lose i think there's going to be a lot of democrats who say you should have done more and you should have stopped it but it's going to bring out the worst in both parties. i was taken with the former vice president's comment on the abusive power, i went back and read the constitution and there is no time limitation on the abilit

hypocrisy that happened and i think when you think about what senator dianne feinstein said at her appellate judge confirmation hearing, why is it then that they celebrate joe biden for catholicism but not hers? what is the difference? and also in the constitution and the first amendment, first for a reason, there is a freedom of religion. there should be no litmus test. we've already talked about that in her appellate confirmation hearing and senator booker is way out-of-bounds. really? to recuse himself as something comes up that's not what the constitution said that's not what the founding fathers said. a brilliant judge, a mother of seven children, handles it all with such poise and grace, i would love to see the difference. that's why i'm looking forward to these hearings and it's very eye-opening. >> dana: i'm just laughing because you're yelling over the rain. so i also thought this comment about -- just the goal of saying her adoptive children are being used as props and i want to point out that this university professor made this comment did not attach it directly to her. but the ov

in 1980, president carter nominated her to be the appellate judge on the d.c. circuit. i was so proud to vote for her confirmation back then, back 40 years ago. there she developed a reputation as a pragmatic consensus seeker, often finding common ground and building friendships with conservative judges. one of the best known of those friendships was hers and justice antonin scalia. so there's no surprise in 1993 president bill clinton selected ruth bader ginsburg to be a justice of the supreme court. he called her -- and i am further proud -- to say she and her husband were visiting vermont, my home state, when she received the call. i still vividly remember her confirmation hearings before the senate judiciary court -- senate judiciary committee. she was the embodiment of humility and grace and strength and wisdom. she endured four long days of at times intense questioning from senators of both sides of the aisle. never once did she lose her poise. i remember that so well. i thanked her for fighting for a world in which my daughter would have opportunities equal to th

it's the board's duty to hear the appellant and not be a mouthpiece to m.t.a. appeals to the board are the last level of appeals to resolve issues at the administrative level. they're important in the ceqa scheme and serve to obviate the need for litigation. we ask that the board continue the dates beyond september 29 and study our request. >> clerk: thank you. >> and state again, one week is not long enough. >> clerk: thank you for your comment, miss miles. operations, do we have another caller, please? >> operator: madam clerk, that completes the queue. >> clerk: okay. thank you. mr. president? >> president yee: thank you. seeing no other public comment, public comment is now closed. supervisor peskin, do you have something? i see you on the roster. supervisor peskin? >> supervisor peskin: i already made any comment. that's an old. >> president yee: yeah, i can only tell -- >> supervisor peskin: yes, i spoke much earlier. thank you, sir. >> president yee: madam clerk, can we actually take motions on the continuance together? >> clerk: if you're speaking about

in her confirmation hear for her appellate position this was a line of inquiry. diane feinstein tape right now or does that screw you up? can we do that? i can. good. play this tape. i want you to watch this. >> i think whatever a religion s-it has its own dogma. the law is totally different. the dogma lives loudly within you. >> it's never appropriate for a judge to impose that judge's personal convictions, already they derived from faith or any where else on the law. >> so i want you to see that because that's a much talked about moment from, i think, it was three years ago. don't hold me that. senator fine sign criticized in many quarters for raising the issue because it smacks to some religious test. my point to senator durbin we've gone over this ground with her and she has shade my faith might guide me when i'm not wearing a robe but doesn't play a role when aim. will it end it? probably not. make sure that you are answering the survey question of the day. it's smerconish.com. does the president's refusal -- you know what he's been saying in the last couple

she went through horrible confirmation hearing before the appellate court and barely got through on aty line vote. when you see somebody like aoc saying it's time to be radicalized, it won't matter it's a woman. >> juan: important to keep in mind what some of these people who are potential nominees instead. sometimes i think they have opened the door to a very sharp criticism about whether or not they really respect the law and the constitution. >> dagen: to that point, i was being very clear. >> dana: i wanted to interrupt because there wasn't a delay. >> dagen: the more time and breath they spend attacking the nominee, the less they are attacking president trump. so it takes the air out of -- >> dana: in some ways it's a new running mate for president trump. whoever he chooses is the new running mate. >> dagen: and biden just wants to talk about the virus. he's leading by 22 points in "the wall street journal" poll. he was like, let's talk about the virus today. what trump allegedly said about the military. >> jesse: we will be covering all of this. it's going to be brutal. we will

the chief justice can assign all appeals to one federal appellate court whichever one he choose so theret of thinking one group of judges resolving this in case the supreme court does have a 4-4 tie. we have had that before. it's very unusual. particularly with where chief roberts is a master at consensus. >> do you think it's a danger weather a 4-4 court with legal challenges that may go on for some time? pennsylvania says you can count votes three days after the election. wisconsin says you can count six days after the election. what do you believe would be the best course for the country? >> well, this counting votes after the election is understandable but dangerous. the constitution says all slows shall be cast on the same day. it doesn't mean all votes should be counted on the same day. i think the supreme court will rule and i know the trump campaign is challenging that pennsylvania ruling. it will probably challenge the wisconsin ruling. the supreme court this year in 2020 has been taking a hands off approach and letting the states devise their own rules so if pennsylvania needs

time that someone receives protection that perhaps they shouldn't have, i would suggest that the appellate almost and we have had 1000 decisions in the past 15-20 years, occasionally you were going to get one that goes the wrong way and that is what the appellate judicial system is designed to resolve. we don't need to reenact the statute to fix cases. i will stop there and we can talk more. >> thank you. , you wouldanded over like to make one quick point? >> no, i think of us want to make two very quick points to put matt a little bit more at ease in terms of our own proposal. on the notice point, quickly to what you had said, we definitely agree there should be an exception to notice where it involves criminal video or ongoing law enforcement because you don't want to tip off the child editor you are taking him down because it is unlawful. i think we agree on that issue. second, on the self-harm point, we agree that might be a fair category to include for the point of protecting children for the reasons you mentioned and that is something we are looking at as well. we may have more agree

i can see about amy is she will not waiver from the consistency of what we know about her as an appellate big issue pause i've been disappointed somewhat where that has occurred on recent appointments including supreme court justice roberts in certain cases. so i think that she gives me confidence that she will stick with the process that we know her for and be consistent with the rulings she has done at the appellate level. charles: i want to ask you about our relationship with china. both president trump and xi at the u.n. xi calling for the world to come together with democracy. president trump bashing china for its role in covid-19. away from all of this, we're seeing soybean prices go through the roof. you always stand up for the farmers in your state and the farmers in the midwest. what do you think? it seems like china is buying, starting to live up to their commitment and how important is it since we're talking about the economy? >> well the thing i worry about with china is will they be fair weather friend? will they be there through thick and thin and i think whenever they do co

astoundingly, the president has appointed almost one-third of all current appellate court judges. >>ederal courts of appeals. >> that is probably one of the very few things that helps republicans justify why they support him, is that he got the judges they wanted confirmed and put in place. >> that means controversial issues such as abortion, gun control, health care, immigration and racial and same sex discrimination, cases that could very likely be ruled on by trump appointees, largely young, white, male, conservative judges, serving lifetime appointments. but perhaps none of the issues will have the global impact such as the rulings we will see concerning the environment. >> miners, get ready, you will be working your -- open. >> the message was clear, trump would roll back environmental regulations he said hurt businesses. >> i am taking historic steps to lift the restrictions on american energy and to cancel job-killing regulations. >> it was considered a slap in the face. >> former epa director betsy >> it was absolutely a display of sheer contempt for all the scientists, engin

and in the two cases on abortion rights that she has already reviewed as a judge on the appellate courtals, where she's just been for three years, in both those cases, she was part of the opinions against the abortion rights position. so we have her nominated by president trump who said he wants to put someone on the supreme court who would overturn roe versus wade. he had put two justices on who have voted against abortion rights already. so the concern about judge barrett is very, very high. >> right. so as you say, president trump has made it clear that his motivation for nominating amy coney barrett is to overturn roe versus wade automatically. to take away a woman's right to choose when it comes to her own fertility. when you look at barrett's positions, as you point out, on abortion, and some of her statements suggesting she would not allow her own religious views to influence her decisions. how likely is it that she and other conservative justices would actually move to overturn roe v. wade? >> well, right now the center for reproductive rights and other organizations have dozens

judge amy coney barrett, you voted against her when she was up for confirmation of the appellate courtwhat do you plan to ask her if she's the nominee? >> i don't give away my questions before they're asked, but whether they're brought on to be judges to provide fair and impartial justice or whether all the filters they have gone through by the big donors behind the federalist society and all of that will be part of a plan that so far has teed up 80 partisan 5-4 decisions under chief roberts that gave wins to big republican donor interests. if we have a court that's going to be serving big republican donor interests than justice we have a real problem on our hands. >> the biden campaign is trying to focus on the health care decision and the case that the court will hear on november 10th. how important do you think this decision is? >> i think it's very salient for a lot of americans. we just went through 200,000 deaths. we have millions of people who have been infected. we have an economy that is in upheaval. all because of a pandemic. and in the middle of a pandemic people like to be

in the eight years of president obama's administration, total of 55 federal appellate court seats wereilled. that is over eight years. and less than four years, 53 seats have been filled by the current administration, so nearly on pace. what does that tell us about the priority, the amount of effort and emphasis that leader mcconnell and yourself and others have placed? sen. graham: it tells you everything you need to know. that in one term we have done as much as obama did in two terms. that mitch mcconnell and myself see picking judges is one of the most important functions of the united states senate. and the presidency of the united states. we had two conventions and almost nothing was said about protest and disorder in the streets. the republican convention focused heavily on law and order and supporting victims of crime. what you talk about determines what your priorities are. i think we have done a good job of proving through our actions that when we talk about making the judiciary interpret the law rather than making it from the bench, we have delivered and i hope people rememb

a few issues that divided the people who control the western landmass on the other side of the appellation mountains. >> and who was pro and con. >> virginia had a colony going back to the early 17th centur century. >> but great britain had a charter from seed to see but nobody knew how big that was but if you are a colony like maryland you had a landless state so virginia wanted to control the land that maryland wanted all the new land to go into the national domain for congress to control that and then new states could join as the original 13 members. maryland was the last holdout that refused to ratify the articles of confederation to the end of the war. there is a very little-known story about why they finally did. and with russia and in the 17 seventies and with the british invasion and then requested france and the french ambassador to give maryland to say we will see about sending the ships because were tired of dealing with 13 separate states thousands of miles apart. >> and we had independence before there was a nation. >> yes that is the confederate theory. that is what lincoln w

and one thing she cared most about was civil procedures, appellate procedures, and after 10 or 15 minutes of being scolded by her at the time a school teacher, i truly didn't know what i was doing, but then, you know, the contrast, she was occasionally quite helpful. i was versus texas i had been grilled by her friend justice scalia and she started interrupted, i just want to ask you a question, you do want us to overrule bower versus hardwick and right, and everybody sat back and i had five minutes whether the whole case should be everruled and changed the argument. and i always appreciated that she did that as well. >> thank you, paul. marty. >> marty, you're muted. >> thank you, and my fellow panelists, to be here among you. unlike my fellow panelists, i never appeared before justice ginsburg. i knew her through her and her husband a member of our faculty. and appearing before the virtually the entire first year class and many more than that and at least an annual basis for a decade until this very year someone counted the number of times she appeared, about two dozen times in the last