republicans confirmed barrett just eight days before the election. in 2016, republicans refused to hear hearings president obama's nominee merrick garland nearly eight months before the election. this is senate minority leader chuck schumer. 26,oday, monday, october 2020, will go down as one of the darkest days in the 231 year history of the united states senate. the record show that tonight the republican senate majority decided to thwart the will of the people and confirm a lifetime appointment to the supreme court in the middle of a presidential election after more than 60 million americans have voted. amy: amy coney barrett's impact on the court to be felt immediately. later this become the supreme court will consider whether to hear a key mississippi abortion case that could challenge roe v. wade. and the supreme court is set to hear arguments in a case that could scrap the affordable care act on november 10, one week after election day. coney barrett will also join justices in a high-profile case about whether trump must turn over his tax recor

. >> justice barrett. justice barrett: good morning, mr. shapiro. i have a question about an applied eighth amendment challenge. i take it you think mr. jones can bring such a challenge. mr. shapiro: i do, yes. justice barrett: why isn't that the primary protection? if the judge applies the wrong factors, as you say happened here, why isn't then the case that he's better off not challenging the procedure but simply directly challenging the substantive decision he is permanently incorrigible? mr. shapiro: in order to challenge the substantive procedure that he is permanently incorrigible, he needs to be proceeding in front of a judge who understands that permanent incorrigibility is a dispositive rule. here the judge did not understand that that was what he had to decide. i absolutely believe that brett is not substantively incorrigible. his grandmother, the wife of the victim, testified on his behalf. a correctional officer spoke of his rehabilitation, his extraordinary record in prison, how he is an incredible worker and tries to get along with eve

ng to fill the second, he said, "you've got to nominate amy coney barrett." >> narrator: amy coney barrett, a 48-year-old conservative appeals court judge, mcconnell's way of securing control of the supreme court for years to come. >> to be able to say that, "we're goi to have a conservative court for another generation" is important to him. for mitch mcconnell, the court is everything. >> t going to be a rough battle on capitol hill... >> narrator: mitch mcconnell's determination to transform theha supreme courbeen his life's work. >> ...the diay of several senators, u.s. supreme court nominee clarence thomas managed to elude... conservative majority for decades... >> narrator: through bruising >> ...democrats to keep an open mind about kavanaugh... >> narrator: a struggle over ideology and power... . white house has been packaging clarence thomas like a political candidate... th ...expected to be one o most contentious confirmation hearings in memory... >> narrator: ignited by a devastating defeat... >> ...rejecting the nomination judge bork... >> ...judge bork, the long public ordeal...

chief justice roberts: justice barrett. justice barrett: good morning. so i'm wondering how we decide whether a law is generally applicable in the -- in the relevant respect. so you said that the city recognizes a slew of exceptions, but none of them are for the same-sex anti-discrimination requirement. so it's not quite the same thing as granting an exemption, say, for, like, sunday sabbath observance but not saturday sabbath observance. that's a more apples-to-apples comparison. so how do we go about identifying what the, you know, relevant factor is in deciding whether a law is generally applicable? mr. mooppan: so, your honor, in this case, the -- the city claims to be enforcing its fair practice ordinance, which list -- prohibits differentiation or preference in the treatment of a person on the basis of a string of protected traits, and they recognize exemptions for a variety of those traits. now it's true that there isn't an example of them recognizing exemptions for sexual orientation, but unless they could say that for some reason sexual orientat

barrett: -- justice barrett. justice barrett: i have one question, the feasibility of counting all these categories about illegal aliens. of president and secretary commerce are only able to identify certain categories and as justice kavanaugh said, if that means there would be litigation on a case-by-case basis about whether some category should be in an out, doesn't that cut in favor of rating and that there is no injury because we are not sure with the contours of the decision would be? general underwood: i think i should object to the idea that the categories are so small that they will make a difference and that they would be litigated one by one. i think that the policy that the president articulated as many as possible. mr. will said the president would exercise after the information came in, the matter -- the memo said at the president's discretion. the policy is not to identify subcategories but do as much as possible. the categories that are available are just going to be whatever they can find. i think

. -- amy barrett on the court. mr. harrison would not have voted for barrett.han 3600ow, more people have died from covid-19, our positive rate is consistently in the double digits. we will talk about the economy in a moment, but i want to hear explicitly about your public health perspective on how to address this crisis and what needs to be done. sen. graham: we are not going to lock the state down again. many peoplence, but are going to work tomorrow. you have to feed your family. at the end of the day, common sense will take us a long way until be get a vaccine. europe is going through a problem but a vaccine is around the corner. we are going to defeat this virus. just use common sense, it vaccine is on the way. what will america look like after? that is what is on the ballot. we are going to get through the crisis but if i am in the senate, i'm not going to change the supreme court and pack it with liberals. i'm not going to destroy the legislative filibuster. i'm not going to change the electoral college that would take south carolina's voice away. to dem

chief justice roberts: justice barrett. justice barrett: good morning. i want to go back to justice gorsuch's questions about standing for the individual plaintiff. so, let's say that we agree with you that the mandate by making them feel compulsion to purchase insurance is causing them pocketbook injury. why is that traceable to the defendant that the individuals have sued here? i can see that is caused by or traceable to the mandate itself, but how was it traceable to the irs or to hhs? why is it there action that is their action that is actually inflicting injury? mr. hawkins justice barrett, we have sued five defendants including the united states and this court has applied a long-standing presumption that the federal government acts in good faith. and by suing the five defendants who we have sued here, i think that is the best way of ensuring that the individual plaintiffs' injuries from the individual mandate and the other parts of the aca that interact with the individual mandate will be fully remedied. justice barrett: but doesn't it really seem

chief justice roberts: justice barrett. justice barrett: petitioners pointed out if in fact congress zeroed this out and made it no longer a tax, they argued congress would have deliberately done something unconstitutional by grounding this language in its commerce power. do you think it is indisputable that nfib would render such an exercise of the commerce power unconstitutional? i'm asking because they are five justices who thought that but it was not a majority opinion who said it. think there is a sayage in part 3c that does it cannot be a part of the commerce clause. thati think it is clear itb, if read as a command, is not permissible under the commerce clause. i do think the house or california is disagreement that. they disagree on how best to read it. that pointll, but at it's difficult to make shall do the work of should. that is more work than avoidance can do. that loop would be open to the court in every case likely peasant morrison. -- lopez and morrison. the court took those commands is what they were. peopl

ats judiciary committee said she was concerned about judge barrett's cathol faith. said and i quote, the dogma lives loudly within you. and their allies in hollywood have been attking judge barrett's faith ever since well i've got news for the democrats in washington. and two democrats that want to join them -- at dogma lives ldly in me. that dogma lives loudl in you. and the right to le and worship according to dictates of our faith lives loudly in the constitution of the united states ofmerica. [applause] that's why for our lerties, for our futur for all of the foundation ofalues that have made this country great, we need senator dade pere an senator kelly loeffler back in the united state senate. [applause] you know let me als say we are just talking on the bus a minute ago. beyond all of that over the last four years,rowing economy is strong defense standing up for our liberties. i couldn' be more proud to be standing with two senators and servg alongside a president who stands without apology f the sanctity of human le. [applause] so far security for our prospe

leader of the judiciary committee actually because was concerned of judge barrett's sincere catholic. quote, the dogma lives loudly within you. and their friends in hollywood have been attacking judge amy coney barrett enter values ever sent -- since. i have got a message for the democrats in washington and their friends in hollywood and the two democrats that are trying to join them from here in georgia. that dogma lives loudly in me. that dogma lives loudly in you. in the right to live and worship according to the dictates of our faith live loudly in the constitution of the united states of america. that is why -- one more reason why we need these two great senators back in the senate. ,e have accomplished so much prosperity, security, strengthening the foundation under our liberties. i have to tell you, maybe most of all, i cannot be more proud to be standing today with two members of the senate and with a president who stands without apology for the sanctity of human life. the men and women of georgia for who they are, for all that we have accomplished, we need senator david perd

leader of the judiciary committee actually because was concerned of judge barrett's sincere catholic. quote, the dogma lives loudly within you. and their friends in hollywood have been attacking judge amy coney barrett enter values ever sent -- since. i have got a message for the democrats in washington and their friends in hollywood and the two democrats that are trying to join them from here in georgia. that dogma lives loudly in me. that dogma lives loudly in you. in the right to live and worship according to the dictates of our faith live loudly in the constitution of the united states of america. that is why -- one more reason why we need these two great senators back in the senate. ,e have accomplished so much prosperity, security, strengthening the foundation under our liberties. i have to tell you, maybe most of all, i cannot be more proud to be standing today with two members of the senate and with a president who stands without apology for the sanctity of human life. the men and women of georgia for who they are, for all that we have accomplished, we need senator david perd

rump has said openly i want judge barrett to become justice barrett for election litigation.ink it is a done deal that everybody votes according to party affiliation of the president who appointed them. you can imagine a situation where judge barrett doesn't want to be for the rest of her career on the supreme court questioned about her independence because it looks like president trump said here is your job and she said think you and here is your job. haidi: it's interesting looking at this from outside the u.s. pretty extraordinary. when you look at how complicated and confusing and difficult it is. are the likelihood of reforms? >> i wish i could say that they are hi. , in we had bush versus gore was a student at university, and i thought now we will finally invest in election infrastructure the way we should. haveerica, we don't national election standards. we have 50 different standards from 50 different states. we have old voting machines and antiquated rules that don't make that much difference because voting isn't that tight. now we have a perfect storm, more people v

. >> justice barrett? justice barrett: you just kind of indicated that may be smith should not have been applied here. you argue that smith should be overruled. you also say that you win even under smith, because this policy is neither generally applicable or neutral. if you are right about that, why should we even entertain the question whether to overrule smith? >> your exactly right that we can and should win this case, even under smith. the question to the court will be how it resolves the legal question and what guidance it provides to the court below. this court in cases like trinity lutheran and espinoza looks to the text, history, and traditions of free exercise clause. those made clear that smith is a bad fit. smith has caused the negative results. its prediction has actually not borne out. it is possible for the government to accommodate and partner with religious organizations to do religious barrett:>> justice what would you replace smith with? freebelieve the court's exercise jurisprudence giv

same religious intolerance happened when amy coney barrett was nominated to the court of appeals twoears ago. do you remember? she was in front of the senate judiciary committee and the leading democrat on that committee said she was concerned about amy coney barrett's catholic faith because she said, and i quote, "the dogma lives loudly within you." [crowd booing] then hollywood elites started attacking amy coney barrett for her fate and they've never stopped. i've got news for the democrats in washington and their hollywood friends. that dog lives loudly in me -- dogma lives loudly in me. that dogma lifts loudly in you, and the right to live and worship according to the dictates of our faith lives loudly in the constitution of the united states of america. [cheers and applause] under president donald trump, we restored the conscience rights of doctors and nurses, stood strong for religious freedom, and did the assault on the little sisters of the poor, and we are going to stand for the religious freedom of every american of every faith for four more years. [cheers and applause] fin

sayink it would be safe to if justice barrett had been on the court previously, she likely would have been in the dissent. it is hard to say at this point quite what that means for how she might decide on this case, but i think she certainly would have sided with the dissent. her: it's hard to believe confirmation hearings were just a month ago. exchange between the chair lindsey graham and now chair justice barrett on the issue of severability. >> the doctrine of severability is a doctrine essentially of statutory interpretation. what it means is that if you have a statute and the affordable care act is a long statute, if there is one provision within the statute that is unconstitutional, the question is whether that one section can simply be rendered null and excised from the statute, severed, so that the rest of the law stands. or whether that provision is so essential to the statute that its unconstitutionality, once it is pulled out, the house of cards collapses. the presumption is in favor of severability. it is a question of your intent. thingr graham: the main is the doctrine

. -- amy barrett on the court. mr. harrison would not have voted for barrett.ow, more people have died from covid-19, our positive rate is consistently in the double digits. we will talk about the economy in a moment, but i want to hear explicitly about your public health perspective on how to address this crisis and what needs to be done. sen. graham: we are not going to lock the state down again. many peoplence, but are going to work tomorrow. you have to feed your family. at the end of the day, common sense will take us a long way until be get a vaccine. europe is going through a problem but a vaccine is around the corner. we are going to defeat this virus. just use common sense, it vaccine is on the way. what will america look like after? that is what is on the ballot. we are going to get through the crisis but if i am in the senate, i'm not going to change the supreme court and pack it with liberals. i'm not going to destroy the legislative filibuster. i'm not going to change the electoral college that would take south carolina's voice away. to democraticg

-- amy coney barrett was gaining senate seats, over brett kavanaugh. is republicans narrow the gap they will argue against any broad mandate for joe biden. so far the republicans have won 200 one house seats and are leading the race for 13. democrats have 218 and beating three. a total of at least 12 seats. welcome to fox news at night. richardson looking at the state of affairs one week after election day. >> reporter: mike pompeo promising a steady transition in the state department as their are concerns the delay in transfer of power could impair national security. the details of the secretary's proposed transition were a surprise. >> is the state department preparing to engage with the biden transition team and if not at what point does it delay hampering a smooth transition pose a risk to national security? >> there will be a smooth transition. we are ready. the world is watching what is taking place. we will count all the votes, we're in good shape. >> reporter: president-elect biden has field calls from leaders of the united kingdom, canada, fra

happening now, the first day on the job for supreme court justice amy coney barrett.igh court resumed oral arguments today and justice barrett took her place virtually in the ninth seat. the docket today a dispute following a freedom of information act as well as one examining disability benefit for railroad employees. coming up this week, justice barrett will join her new colleagues and hearing arguments over life sentences for juveniles and much more. >>> welcome back. yosemite national park is easing its covid restrictions. going forward, you will not need to make reservations to visit. struggling businesses surrounding yosemite say the change cannot come soon enough and they hope this leads to more visitors. the park put those reservation systems in place. this is over the summer just to make sure that the popular spot did not get too crowded. visitors are still being urged to follow cdc guidelines. >>> new at 11:00 for you. iconic historical site in peru is back open. it has been closed seven months now. they celebrate the return of visitors with a ceremony of li

and in that time, amy coney barrett has been confirmed to the supreme court.nd i've thrown and cracked 24 cell phone screens. not all of them mine. - hey, babe? have you seen my phone? - but you know what? we have decades to worry about that human chastity belt. right now, i want to talk about rbg. ruth bader ginsburg's death has hit a lot of people hard, especially women. - [bleep]! - and i think it's because-- - mommy? - i think it's because-- - mommy? - buddy, can mommy please just have two minutes to cry in a closet? - again? - i think it's because, as american women, ruth is a big reason why we've made it this far. long before she got to spend 27 years in the middle of this comb-over sandwich, rbg was already changing the world for women. in 1972, she cofounded the aclu's women's rights project. there, alongside pioneers like dorothy kenyon and pauli murray, she spent years carefully laying the groundwork to force u.s. law to acknowledge something radical. women are, like, full-on people. - nobody in our country did more for the advancement of women in te

>>well when justice amy coney barrett was sworn in 2 weeks ago actually to the day. the balance on the bench shifted to a 63 conservative majority won this case that didn't really matter conservative chief justice john roberts and brett kavanaugh who was appointed by president trump seems skeptical of the republicans argument to strike down the law in its entirety. >>or or yea or years the supreme court gavel didn't tuesday to take up california the texas the case seeking to invalidate the affordable care act the law of the united states of america today that you have to purchase health insurance texas solicitor general kyle hawkins told the 9 justices over the phone because of the pandemic that the law is unconstitutional because it requires americans to get health insurance it is a naked commands to purchase health insurance and as such it falls outside congress's enumerated powers but california solicitor general michael mongan argued that since congress eliminated the tax penalty from the law in 2017 the affordable care act doesn't force anyone to do anything eit

[indiscernible] i'm not going to lie, barrett is incredible. we talk political strategy all the time. >> what do you think is the most important thing that the trump administration has accomplished so far? what my father has done on jobs has been incredible. decrease the wage gap between men and women. and technology -- i was happy to executive issue an order on the tech companies. and criminal justice reform is important to me because when i was in law school, i was a researcher on that. we have seen all these policies and ideas that politicians from both hardee's have always said that they are going to do. no longer is my dad saying that, he is doing it. that is inspiring to me. i think we have the support of all you guys and having shows thatehind tim people are waking up and ready to see the truth and pursue prosperity and peace for the country. [laughter] -- i don'tdering know how to word this. lifent to know what normal looks like for you. dot does the trump family like for christmas? what are your favorite family ornaments? how do you go

trump: with judge amy coney barrett's, i had a chance to meet her and her family. i love that she abides and follows the constitution. she does not insert her own personal feelings and emotions into the law. that point, based on the constitution. after rbg is incredible because we have another woman. was a trailblazer in all she was able to do. now we have a woman on the court with seven children. it is incredible and i'm excited. incredible moment, incredible person. getting people to look at that, how incredible she is. >> i can talk louder. [laughter] ms. trump: anything else? >> hi. i was talking to the girls here and we were all wondering what advice you would have for talking to our liberal friends and having productive conversations instead of a lot of arguing and back-and-forth? how usa womane and a professional handle those conversations. ms. trump: it might be difficult, right? i always approach things thinking if you have different , beliefs, that is fine. unfortunately, on social media -- post onetforms thing on the not the other. i feel it is so import

and, hollywood elites started to ridicule amy coney barrett's faith ever since. have news for the democrats in washington and their friends in hollywood, that dogma lives loudly in me. that dogma lives loudly in you. and, the right to live, work, and worship according to the dictates of our faith lives loudly in the constitution of the united states of america. [applause] under president donald trump we have stood strong for the freedom of religion. we have freed up the pulpits of churches and places of worship across the country. we restored the conscience rights of doctors, nurses, and religious charities. president donald trump ended the assault on the little sisters of the poor and the supreme court made it permanent. under president donald trump we will defend the freedom of religion of every american of every faith so help us god. and, with regard to values. where joe biden and kamala harris support taxpayer funding of abortion all the way up to the moment aboard -- of birth, i could not be more proud to serve alongside a president who stands without apolog

barrett confirmation marked a major shift in the court. >>a 6, 3, conservative majority for the first time in decades, a decision on the ac a is expected by the end of june. >>gut says despite the scotus case americans have a year of guaranteed coverage and should take advantage of the open enrollment period ahead of the december 15th deadline live in washington, i'm jessi eaton or jesse. thank you for the update we appreciate it. >>let's get a check of the bay area forecast now if you haven't stepped outside it is quite chilly out there. chile, according to california slash bay area standards right people on the east like to please you don't know cold, you don't know snow. >>this is this is like it's it's cold for us john, but you know in other parts of the world this is people like to say that it rise, but you know 20's and 30's. i think that definitely getting our fair share of cold even though it's not you know single digit numbers like other parts of the country may be seeing. >>today will be a cold start to a pretty mild finish to th

justice gorsuch, justice barrett, they have no special expertise about what spreads and what doesn't.d if they're wrong, you're right. people could dime. >> great analysis as always, harry litman. really appreciate it. thank you so much. >> thank you. >>> quick break now here on the program. when we come back, coronavirus cases rising in california. and that state trying to deal with a shortage of icu beds. we'll talk about that when we come back. experience clean in a whole new way. now roomba vacuums exactly where you need it, and offers personalized cleaning suggestions for a clean unique to you and your home. roomba and the irobot home app. only from irobot. roomba and the irobot home app. it's so good to see you. you too! so really, how are you? oh well, look! that's what we're both taking right now, fanapt. you know it's really been helping me manage my schizophrenia. i used to hear these terrible voices. loser! you're such a failure. you're so embarrassing. i used to feel like everyone was staring at me. but we're doing much better now, right? yeah. fanapt is approved for the t

. >> justice barrett. >> good morning, ms. windham. so you just kind indicated that may be smith should have been applied and you arguing you aro breathe smith should be overruled. you also say you win even under smith because this policy is neither generally applicable ore neutral. why should we even entertain the question of whether to offer will smith? >> you're right that we can and should win this case even under smith. the question then to the court will be how it resolves legal question and what kinds it provides to the courts below. the court in cases like trinity lutheran and espinoza looks to traditionsistory and of the free exercise clause. smith has caused negative results. development since smith was decided make clear that its prediction has actually not borne out, that it is possible for theit government to accommodate and partner withrn religious organizations to do religious exercise. >> but would you replace smith with? we just want to return to sherbet versus werner? >> i believe that the courts for exercise jurispru

just as amy coney barrett did not participate in this decision.hat were republicans trying to do i bringing this before this court -- ringing this before the supreme court? guest: they were bringing the trump campaign wishlist to several courts around pennsylvania. this effort had failed originally, so they had an -- they have asked the supreme court to take this issue up, to strike down the state supreme court's upper ruling, which extended the deadline originally. this was before amy coney barrett was confirmed, so after that split, the republicans went back to the supreme court again and said can you expedite this matter, which is a different way of looking at it, putting this back page. that is what the republicans last night -- that the supreme court split 4-4 again, that they could not do it quickly because the election is only six days away. host: what about the protesting we are seeing in philadelphia over walton williams jr. -- walter williams jr.'s shooting? what is the impact on voting? not exactly sure what the impact on the elector is

newly confirmed justice amy coney barrett did not take part in either case. the international crisis group, which monitors conflict around the world, is warning of possible violence in the united states during voting or during the vote counting process. the group cited growing political polarization, the rise of armed groups, and the higher-than-usual chances of a contested election outcome. but the international crisis group says the most important risk factor is the president himself. in an report, the group writes that president trump's "toxic rhetoric and willingness to court conflict to advance his personal interests have no precedent in modern u.s. history." in nebraska, hundreds of trump supporters were left stranded in the freezing cold for hours at an airfield in omaha tuesday night following a rally by president trump. at least seven people were taken to the hospital. 168-year-old man -- one 68-year-old man was found shiverinwith possible hypothermia and altered mental status according to an account on the omaha police scanner. the rally was held th

. >> what has that meant to the senate races, the confirmation of justice barrett? >> this has really motivated not only our base, though it certainly has done that, as i referenced earlier. it has helped to get out the vote in an election where, frankly, the left and the right are pretty dug in. there are not many persuadeables left. there's a small universe of those. it will help to motivate our base, but it will also, i would argue, on the margins, help us persuade some of the people who are in the suburbs that the president has nominated somebody of the caliber and character and biography of amy coney barrett. we just had several weeks of national television coverage, pretty much wall-to-wall, focused on this woman. this is the sort of person that the president will continue to put on the court, if there are any additional vacancies during his term, but only if paired with a republican majority in the u.s. senate. in a state like iowa, for example, this is something that we are seeing joni ernst tout as she seeks her first reelection in that race. it begs the qu

her appointmentjust a court, amy coney barrett. just a week court, amy coney barrett. her appointmentjust a week before the election gave the highest court in the land a conservative majority and won the president will be hoping would find in his favour. with the outcome of this election on a knife edge, the prospect of legal challenges in the days and weeks ahead will do little to assuage the growing sense of tension in this bitterly divided nation. david willis, bbc news, los angeles. the route to the white house is about individual state battles across the us. let's hear about results in some of the key areas, starting with pennsylvania. we always suspected the keys to the white house might run through pennsylvania and indeed it does appear to be the case. as pennsylvanians went to sleep, though, the result of this state were not yet clear, despite the fact that donald trump touted that he had a lead here in pennsylvania. that being said, there are still many ballots left to be counted and indeed, many postal votes still need to

some of us believe it is justice barrett.irst opinion on the supreme court. >> right. >> the majority opinion is a very measured opinion. it just kind of sets things out. it doesn't really read like a thomas or alito opinion. but we may not know, we may never know who will wrote it. >> final question, big picture, what you can -- read these tea leaves because you pay such close attention. what do you take away from this case that tells us about how the court will separate with justice coney barrett on the bench? i'm particularly interested in your thoughts on chief justice roberts? >> i know. his was probably the most interesting opinion, he was not actually with the liberals in this case, necessarily, on the merits. he took pains to stay that this is a case in which -- he was kind of skeptical about the restrictions. but he didn't think that the court should decide the case because the restricts were no longer in place. there was not necessarily a lot of daylight between the chief justice and justice cakavanaugh. and i think

supreme court along with news justice amy coney barrett, siding with religious groups. and struggling americans fearing yet another devastating blow, as key relief praps programs aogra expire. 12350 ♪ to bare my skin, yeah that's all me. ♪ ♪ nothing and me go hand in hand ♪ ♪ nothing on my skin that's my new plan. ♪ ♪ nothing is everything. woman: keep your skin clearer with skyrizi. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. of those, nearly 9 out of 10 sustained it through 1 year. and skyrizi is 4 doses a year, after 2 starter doses. ♪ i see nothing in a different way ♪ ♪ and it's my moment so i just gotta say ♪ ♪ nothing is everything. skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms, such as fevers, sweats, chills, muscle aches, or coughs or if you plan to or recently received a vaccine. ♪ nothing is everything. woman: now is the time to ask your dermatologist about skyrizi

-t in the4 vote, justice amy coney barrett, the newest justice, voted to block the restriction, along with justices thomas, alito, gorsuch, and kavanaugh.ie justice john roberts sided with justices breyer, sotomayor, and karin. the ma said houses of worship had been singled out for tougher treatment. while the dissenters said the n governmeds leeway when it comes to public health in a marcia coyle of the "national law journal" is with us to dive into the court's order. marcia, welcome back to the "newshour", and thanks for being with us this thanksgiving. we should note it's not the first time the court has weighed on pandemic restrictions but what stood out to you about this latest ruling? >> this ruling, amna, had a lotw ting in it. more than 30 pages, five separate opinions, all showing that there were very strong feelings on both sides and, also, very careful anlysis. one thing that struck me, in particular, was the concurring opinion, in the majority, by justice gorsuch, in which he really sort of accused the court of cutting loose the constitution during a pandemic, not really c

so we're going to have to wait and see, i think, where justice barrett goes from here. she did not write separately, so we don't know wh her thohts were other than she agreed with vee majority. but it would een nice to hear what her thinking was in this particular case. >> we don't know her thoughts on this particular case, as you mentioned, but at lot of people have been waiting to see whthat impact of her presence on the court would be, and this is the first time we see some of that impact. what else does it tell us, though, specifically when it comes to pandemic restrictions, and the fact tha ct theourt may have to consider more of these restrictions at this time? >> well, they already have pending at least two otherap ications for injunctions by religious institutions, and i will pnt out that the two that the court ruled on last night, i e lieve they actually weled after justice barrett's confirmation. so the fact that others are coming in now i think shows that they feel they have a more sympathetic court in terms to erty the religious lib issues that they're bring

amy coney barrett sided with the conservatives on the court.ith the liberals. she was the swing vote. we have seen a lot of -- this has been going on for a long time. these restrictions in place for months and months. as a religious conservatives have felt burdened by them and you can go to a liquor store but you can't go to church. this was a victory for religious freedom. >> mike: a lot of religious people feel like it's a nanny state situation where they can't be trusted to worship responsibly. chuck, your thoughts? >> i was struck by the conflict among the conservatives on the court. the verbal brick bats thrown back and forth between gorsuch and roberts. roberts is trying to keep the court out of these controversies and gorsuch with the help of amy coney barrett's fifth vote managed to get 5 votes and weighed into that controversy with a lot of verbal fireworks and so on. that may be a taste what have is to come now that the court has a new line-up. >> mike: and pastors in new york are relieved. listen to this. >> i remember the mayor of n

left treated amy coney barrett. she made choices many of them have made. she has seven children, she is now on the supreme court. she could be able model just as nancy pelosi is to some women on the left. i'm excited to see this new version of what american women what debbie walsh points out that while many republican women in congress, women are still very under representative over the republican side. here is a quote, "in many ways, this is a simple story, you cannot see gains in officeholders unless you have increases in the candidates. these are important gains. they need to be celebrated and acknowledge. women are still very underrepresented on the republican side." here is a story that says according to the pew research center, about 38% of registered women voters in 2018 and 2019 identified as republicans while only 6% of republicans in the house were women at that time. how do you change those numbers? percentage ofge women identifying as republicans but only 6% last session in congress who are women. should

[booing] and the same religious intolerance happened when amy coney barrett was nominated to the court of appeals two years ago. you remember? she was in front of the senate judiciary committee and the leading democrat on that committee said she was concerned about amy coney barrett's catholic faith because she said, and i quote, "the dogma lives loudly within you." [booing] and then hollywood elites started attacking amy coney faith, and her they've never stopped. well, i've got news for the democrats in washington and their hollywood friends. that dogma lives loudly in me. [cheers and applause] that dogma lives loudly in you, and the right to live and worship according to the dictates of our faith lives loudly in the constitution of the united states of america. [cheers and applause] under president donald trump, we restored the conscience rights of doctors and nurses. we stood strong for religious freedom. we ended the assault on the little sisters of the poor, and we are going to stand for the religious freedom of every american of every faith for four more years. [cheers and appla

among the group there on the hard right is amy coney barrett. this issue came up twice before, both from nevada and from california. the issue being states are trying to -- the pandemic. they are doing their best by implementing orders that have different levels of restrictions and religious groups have come forward' said the restrictions on us are unconstitutional under the first amendment. an opinion offered by conservative justice scalia essentially held is there no violation of the constitution unless religious constitutions are somehow singled out by virtue of their being religious constitution. so those cases didn't go anywhere. the difference now, of course, is amy coney barrett and a couple of elements that make this decision extraordinary in addition to departing from the first amendment juris prudence. this is typically a moot issue. the conservative judges issued extraordinary relief and injunction on the theory this could come back. you could make the argument that they didn't have jurisdiction to do what they did as a matter of arti

hopefully, amy coney barrett will come through.amy: meanwhile, senate judiciary committee chair lindsey graham has publicly agreed that republican state legislators in pennsylvania and other states should consider invalidating the will of the voters and appoint republican electors to the electoral college regardless of the vote outcome. republicans control the legislatures in wisconsin, pennsylvania, michigan, north carolina, georgia, and arizona. senator graham was asked about this by sean hannity on fox news. >> should these republican lawmakers in pennsylvania and elsewhere, if there is corruption -- they don't abide by the law and don't allow observers in as the law calls for, should they did invalidate this? >> i think every thing should be on the table, so there is the process of observing an election that is being violated -- philadelphia elections are cricket as a snake. amy: concern is growing that supporters of trump may begin using violence to disrupt the electoral process. on thursday, the president's son donald trump j

>> we just talked about how important it was for amy coney barrett to be confirmed. i think it was her and her family. she abides and follows the constitution. [indiscernible] you know, having her take the , we have another woman who was a trailblazer. it is incredible, truly. incredible woman, an incredible person. >> [indiscernible] [laughter] [indiscernible] ms. trump: anything else? >> hi. i was talking to the girls here and we were wondering what advice you would have for talking to our liberal friends and having productive conversations instead of a lot of arguing and back-and-forth? how you as a woman and a professional handle those conversations? ms. trump: it might be difficult, right? have,ys approach things -- if you have different beliefs, that is fine. [indiscernible] toeel like it is important always approach with grace and dignity. we are not judging them based on what they believe, but may be in form. inform. understanding what makes them take is really important. with, actually, this is what my father dead, or, this is what the president did. [indisc

so devlin barrett, thank you for joining us. s mind us about the orig this.hael flynn was president trump's first pick to be his national security advisor, and things inraveled very quickly after that. >> very quickly, fact, so quickly that, when the f.b.i. agener went to iew michael flynn about his conversation with the russianambassador in january of 2017, movers were still unpking boxes in the white house around them. it was that early in the admiasstration. itthe very first days. and the agents asked him abo those conversations and what happened was that flynn denied diaussing those things and couple of other issues. but the reality wasislyak, the ambassador's conversations were captured on f.b.i. wiretaps, so conversations, ands, i those think, frustrating and alarmi a ot of law enforcement officials that flynn was not fohcoming about those conversations. >> woodruff: so, if evidence was so cleart that he did something that he said he hadn't done, why wasn't -- what took is case so long? why has it been dragging out as long as it? has >> well, it's a thr