president, right away you should and the person should be amy coney barrett.eph kennedy retired and in 2018 and her name had been mentioned. eventually kavanaugh and. [inaudible]. so the support of the time, that was just kind of the icing on the cake and something that of course they talk about shortlist when she submitted and the president, actually thought of her from the very beginning. >> so they did exactly the same thing as gorbachev and it was breadcrumbs and i know you've done research and some news organizations that he had a thing for anything grown down in florida and they saw her and ron desantis was very excited about the possibility but just like he led the reporters on a bit of a case, during the jury selection, he tried to do that alludes a bit in the amy coney barrett situation in fact we know from the filings that then judge amy coney barrett had to produce but the president offered job letting her interview ont monda. >> that's were trump is very different. [inaudible]. i think that's even less i think. >> and it did, and on march 19th, and

the shadow of ruth bader ginsburg's death and amy coheny barrett after rapid confirmation, taking justice ginsburg's seat on the court, encapsulated by the covid pandemic, the 2020 election and all the stuff that we know about. what i try to do was channel the court in real time. i wrote every chapter, what happens in that month is an honest account. i didn't go back at the end and do things i would have gotten wrong, a case that was argued in november and decided in june, the decision didn't quite track my perception of the argument, that is life. or did she miss a signal there or something? something that would have taken over to my eyes as a decade as a court watcher and my professional life since the 70s. it is what it is. >> host: we go along, i will mainly ask about the substance of the book but also asking about the writing because this was quite a challenge to do it the way you did it, to have it be edited simultaneously as so much was unfolding. let's start in the beginning. i found your focus early on with new justice amy coheny barrett was prescient with the focus on abortion,

chief justice roberts: justice barrett? justice barrett: i just have one question. so justice kavanaugh has been asking you about how strict scrutiny would apply here, and justice kavanaugh said that the compelling interest that the state has is in the reduction of risk because, understandably, the state wants that risk to be zero because the consequences of a botched execution are quite high. i think how we define the compelling interest matters a lot for how the strict scrutiny analysis plays out. so i'm just wondering how you would characterize the state's interests. would you characterize it the way that justice kavanaugh does, or do you have a different articulation of how you think the compelling interest should be described? kretzer: i think i would characterize it, respectfully, slightly differently than justice kavanaugh did, justice barrett, and that is that the compelling interest is in an execution that is done in the humane way, in the safe way, for all the circumstances that have been discussed here and further in the briefs. if the state, though, is g

chief justice roberts: justice barrett, anything further? justice barrett: yes, mr. feigin, i just have two quick questions. one is to follow up. i think justice kavanaugh was asking a very important question about how do we define the state interest. i feel like you gave him a lot of examples of least restrictive alternatives but maybe not the compelling interest. i'm just wondering if it's legitimate to define it as trying to get to zero percent risk, because, you know, justice alito asked you about services on the weekends. i think, it's my understanding, i might be wrong. that bop and state prisons too do allow some religious services, perhaps because of rluipa. if they said we want the risk of prison rioting or fighting to be zero percent, that would permit the prison, right, to say there can never be any kind of prayer service or gathering. but, if the compelling interest were defined differently like, , for example, to say maintaining prison security, then that wouldn't rule out those kinds of gatherings. and so here, if the prison defines the compelling inter

and we are even told they are looking at a timeline similar to that one of justice amy coney barrett. and remember, that was incredibly fast because in the last few decades if you look at the numbers, some justices like amy coney barrett were confirmed in 30 days. some took 106 days. there has been this broad range. hers was very quick because, of course, it was right before the 2020 election. and justice ruth bader ginsburg passed away eight days later, former-president trump said he was picking amy coney barrett. and 30 days after that, she was on the supreme court. she had been confirmed by the senate. and so, we are told that democrats are looking at a timeline much closer to that 30-day period than they are at some of the ones that have stretched on longer. and they have got a big legislative agenda ahead of them, senate democrats do and so now this is going to be on this as well. and so of course, all this hinges, know, don on president biden making his pick and that is something that has not been done yet. that is what is going to be the next step in this after you see justice

justice barrett only waited 27 days, right before the election. it took clarence thomas 100 days back in 1991. so the official announcement, do we know any more on when it's coming, or why he's making the decision? >> on the when, i understand thursday or friday. the plan was to send a letter formally to the white house tomorrow or friday. although they certainly knew what was coming, i don't believe they were caught off-guard by this. they seemed to know things were going to be going in this direction according to people close to the justice. that starts the process. there may be some sort of formal recognition on his career from the white house. then generally, the only thing i would add, the white house usually waits a while before a formal nomination or announces the intent to nominate. they will put out or friends will put out who the white house is considering. and they let those names float out there a while, to see what the response is before the formal intent to nominate. then the process starts with the nominee walking the halls of congr

justice barrett? thank you, counsel. >> thank you, mr. chief justice. may it please the courts, defendants do not seek to just exclude secret information from the case. if that were true, there would be no need to file religion -- a motion to dismiss religion claims. what they seek is to not just exclude information, but also to dismiss it. to be clear, as you said repeatedly below we will not , seek discovery on the religion claim. we are prepared to proceed just on our own evidence. this case is entirely about dismissal based on their need to use secret information to defend themselves. we recognize they have a legitimate interest in defending themselves. neither congress nor the common-law promote dismissal on that basis. congress struck a balance. fisa permitted them to defend the suit. using information we will never see. but as justice sotomayor suggested earlier, it requires the court to review the information ex parte and in camera to determine if the surveillance was lawful. section 1806, as justice gorsuch already mentioned, allowing seek -- a

eight days later former president trump said he was picking amy coney barrett. and 30 days after that she was on the supreme court. she had been confirmed by the senate. so we are told that democrats are looking at a timeline much closer to that 30-day period than they are at some of the ones that have stretched on longer. and they've got a big legislative agenda ahead of them, senate democrats do, so now this is going to be on there as well. of course all of this hinges, though, don, on president biden making his pick. and that is something that has definitely not been done yet. that is what is going to be the next step in this after you see justice breyer and president biden appear here at the white house tomorrow. >> speaking of amy coney barrett, for some reason that election year rule that mitch mcconnell came up with suddenly did not -- was not relevant then. let's talk more about amy coney barrett now, laura, because i want to play something. we sometimes hear from supreme court nominees during their senate confirmation hearings. this is her when asked if

among them are barrett ward and caleb mcdaniel.eri, and when they saw the crisis unfolding, they reached out. >> why were you so worried? >> because i knew that he, you know, had gone to west point, had served alongside americans, made him possibly a target. >> barrett, when did you start to get a little concerned. >> i texted and said, hey, i want to make sure you got out okay. he responded immediately, no, sir, we are not okay. >> with time running out, his friends knew he had only one option left. >> called shabir, and i said, this is really hard, but you need to take whatever you have right now and you need to get to the airport as soon as possible. >> in kabul, shabir at first thought caleb was joking. >> wait, they are serious, get to the airport with my family, and it took me a few minutes to process, but then i said, all right, i'm ready but how to tell this to my family. >> he managed to convince parents and five younger siblings that they needed to leave immediately. shabir's friends in america knew he needed help to get

you're correct, justice barrett, they relieve that huge burden.i also add that as to burdens during pregnancy, i would emphasize that contraception is more accessible, affordable, and available than it was at the time of roe or casey. it serves the same goal of allowing women to decide if, when, and how many children to have. i would also note the lowest cost abortion at jackson women's health is $600 for the abortion. additional costs and further fees, according to my friends, the respondents and their amicae, additional costs for travel, taking time off from work, accommodations, all those sorts of things, whether someone is uninsured or not, the costs of contraception are significantly less than those. number two, justice kavanaugh, i think you had it exactly right when you used the term scrupulously neutral. i think that's a good description what have we're having for here. it's the problem that has evaded the court and will continue to evade this court under roe and casey. that's exactly right. this is a hard issue. it involves -- and i would

to do it fast, laura, but he doesn't need to do it as fast as mitch mcconnell did with amy coney barrett because there was a looming deadline of the election, which compelled the republicans to act fast. but chuck schumer is using that as a precedent to say we can move this very quickly. i think if they do it by the end of the supreme court term in june or july, that will allow justice breyer to serve out his term and then let the successor take his place. kevin makes a very good point about partisanship. i understand the reluctance of justice breyer to have the court perceived that way. sadly, that ship has sailed and the public views the court as a pretty partisan institution, for very good reason, because it acts as a partisan institution and the partisan machinery is going to gear up and it is going to give joe biden a nominee probably by the end of the spring. >> kevin, that do you think justice breyer's lasting legacy will be? >> i think, you know, his judicial philosophy is almost unique on the court in that he isn't a strict texturalist, it is hard to pigeon hole his philosophy o

someone who is worthy of justice barrett's legacy. my intention to announce my decision before the end of february. i've made -- the personable nominee will be someone with extraordinary qualifications. character, experience and integrity. that person will be the first black woman ever nominated to the united states supreme court. >> justice breyer than warned of the challenges he sees ahead for american democracy. >> this is a complicated country. it's more than 330 million people. people that are so different than what they think. and yet they've decided to help solve their major differences under law. i will tell you what lincoln thought and washington thought and would people today still think. it's an experiment. it's an experiment that still going on. it's that next generation. and of the one after that. my grandchildren and their children. they will determine whether the experiment still works. >> senator from both sides of the aisle are beginning to weigh in on biden's potential choice to replace breyer. senator joe manchin no

amy coney barrett had a very thin resume. she only served three years as a judge. it would be very rich and it would not be surpriing if they had the hutzpah to attack a woman after the amy coney barrett situation. we know it is black women and women of color generally who are disproportionately affected by these restrictions and who suffered disproportionately from the highmore at that time rates in this country. so, unfortunately, even if the court guts roe v. wade, it may not be the end of the story. we know for sure the court has affirmative action in crosshairs even if it is dissent for the black people in the room will be incredibly reticent, even if it is a fun job. >> that's the big picture, right, is that these decisions are being made about the lives of black and brown people, the lives of muslims, whether they can travel to this country, the lives of students, whether they can go to school, et cetera, et cetera, et cetera, by people who have no relationship to their lives, who don't understand them other than, you kind of look like my driver, right, they

now in your opinion, you just answered justice barrett, hey, all these are not rising to that level. okay. are there any that do rise to the level in your opinion? >> i think -- and i'm not sure that i necessarily agree with the watershed characterization, your honor. what i would say, i can't think of another that hits the radar, but i would emphasize a problem here is we're dealing with a right that doesn't have a basis in constitutional text. again, very much in conflict with those values, justice breyer. >> i'm not sure how your answer makes any sense. all of those other cases, griswold, lawrence, obergefell, they all relied on substantive due process. you're saying there's no substantive due process in the constitution. so they're just as wrong, according to your theater. >> no, your honor. we're quite comfortable with washington versus gluxberg, and it looks at history and tradition to discipline the inquiry. >> in obergefell, there was no history of same-sex marriage. >> and i think the court pointed out, look, when we were facing loving versus virginia -- >> i'm not trying to

justice barrett pushed through in record time. one of the reasons, i suppose, you voted against her. >> the reason i voted against amy coney barrett was the nomination and vacancy occurred too close to the election, the presidential election. republicans just in the obama administration had established a precedent that we were not going to confirm someone -- it was merrick garland in that case. i did not agree with that decision. once that precedent was established and given how close the death of the supreme court justice was to when the appointment was made of justice barrett, i felt that it was -- should have been up to the next president to make the decision. >> you voted for judge ketanji brown jackson to elevation to the d.c. court of appeals. if she's the president's nominee, will you support her for the supreme court? >> i'll certainly give her every consideration. i have no idea since she was confirmed what rulings she's been involved in, what writing she has done. i've not met her personally. that's why i appreciated cha

are you correct, justice barrett, they relieve that huge burden.i would also add as to burdens during pregnancy, i would emphasize that contraception is more accessible and affordable and available than it was at the time of roe or casey. it serves same goal of allowing women to this idea at what point children to have and i would also note frankly the lowest cost abortion at jackson women's health is $600 for the abortion. additional costs and further fees, according to my friends and respondents, there are additional costs related to travel, time off work, accommodations, all those sorts of things. whether somebody is uninsured or not, the costs of contraception are consistently significantly less than those. number two, justice cavanaugh, you had it exactly right when you used the term scrupulously neutral. i think that's what we're asking here, the problem that has evaded the court and will continue to evade this court under roe and casey. that's exactly right. it's a hard issue. it involves, i emphasize there are interests on both sides for ev

amy coney barrett.he longest, 106 days for khaeurpbs thomas. 287 days until the midterm elections. so here we go. >> joining us now, justice correspondent for the nation magazine elie stall. and author of black woman rede redefined. disspelling myths and discovering fulfillment in the age of michelle obama. joe biden's promise to nominate a black woman to the bench. >> yeah. i mean, good morning. this is a historic moment for our country. and my hope is that some of what we pundits are talking about right now about whether or not the nomination will be smooth, first of all, we have to find out who the nominee is. but i do hope that republicans, like mitch mcconnell and others, will actually see this moment and resist their darker impulses we have seen the last couple of years relative to supreme court nominees and really just look at the qualifications and credentials of whoever this woman is going to be. we know she's going to be a black woman. anyone who knows mow for any length of time i used to run

i know you questioned the speed of amy coney barrett. what should we expect timewise, amy coney barrett or sonia sotomayor? >> if that person is seeking the supreme court, then they know quite a lot about that person, and that can being taken into consideration. if there's no new developments before the committee in the previous year or two, it makes a real difference. i'll just say this. it's going to be fair, it's going to be deliberate and we're going to be timely about it, too. this is a lifetime appointment to the highest court in the land. we should take it seriously. >> look, i'm obviously going to try to pin you down one more time on timing. easter recess, mid-april. is that a fair target at this point to get it done before you guys take off? >> before. by the amy coney barrett test, yes, it is. we'll see what develops. a great deal, maybe all of it, depends on the nominee and the background. >> it's interesting to me, you just said it depends if they've been before a committee before. katanji brown jackson, she's been there befo

the nomination of amy coney barrett was rushed through the senate in only 27 days, even though early voting in the presidential election had already begun. but ever since president biden made clear this past week that he would be sticking to his campaign promise to nominate the first african american woman to the supreme court to replace retiring justice stephen breyer, republicans have been falling over one another to act like the democratic president has committed some great crime, broken some great unwritten rule. and it's getting nasty pretty quick. check out senator roger wicker of mississippi. >> the irony is that the supreme court is at the very same time hearing cases about this sort of affirmative racial discrimination, and while adding someone who is the beneficiary of this sort of quota, the majority of the court may be saying at large it's unconstitutional. we'll see how that irony works out. >> speaking of irony, this you, roger wicker? quote, i have never seen a more talented, more articulate nominee for the supreme court than i have in this new justice, amy coney barre

by the amy coney barrett test, yes, it is. we'll see what develops.at deal, maybe all of it, depends on the nominee and the background. >> you said something interesting to me, you said it depends if they've been before the committee before. ketanji brown jackson, she's been there before. she's received 53 votes. based on that, do you think she should be a frontrunner for this post? >> i sure don't want to speculate on that. the white house made it clear when they told me about the breyer vacancy that the president had not made the decision, and i want to respect that. i think suggesting there is a frontrunner or this person is now moving ahead, it's unfair to all the nominees. this is in the hands of the president as it should be. >> what kind of conversations have you had with the ranking member, lindsey graham, about what kind of process this is going to be, or are relations just sort of, eh, it's just not how it works anymore? >> i would say that the ranking member is now the senator from iowa. >> sorry, my apologies. >> i called him the next day,

using the same timetable the republicans used when they pushed through the nomination of justice barrett to replace ginsberg. there are different issues going on. once the president announces the nomination, it usually takes a while as they look at different candidates and so on. the senate will move pretty quickly. as long as nobody opposes the nomination. it should be able to -- as long as nobody opposes the nomination, it should be able to get through. host: breyer has seen some significant cases. what do you think his legacy will be? guest: i think one thing is that breyer has tenure on the court. he was in the minority at that time. the liberals had high-profile victories at that time. justice anthony kennedy provided majorities on cases like gay marriage. he will most likely be remembered for his bow in those cases. -- vote in those cases. individually, i think he is respected by his colleagues. he voted against the death penalty, which is a view that not many other justices shared. he is a renaissance man with different interests. he will be rumored as a respected liberal. host: y

just, you know, a few years ago with amy coney barrett or a year ago, my gosh.y're looking at that and saying, look, now there's precedent to go a bit faster. in terms of biden slowing down the process, when was the last time biden surprised us where we were like, oh, that was left field. >> or that was fast. he's said he was going to make it december, december means january, january means february. >> with the nominee he could slow this down. once this gets in chuck schumer's hands there is a lot of pressure outside and internally to get this through. take the w because they need it. >> and i think that once it gets into chuck schumer's hands that's a whole different ball game and it's going to be about the white house wanting to defend the nominee who we know have gotten attacks based on race and qualifications not because we know who the nominee is but because biden has pledged to nominate a black woman. we're starting to see this coalescing around the supposed unknown nominee from black women, from those outside democratic advisers that have a lot of influen

there's a long way to go here. >> amy coney barrett was approved lickety split.big kavanaugh hads that i'm doubting we'll see with these women. e with take your point scott. thank you very much. >>> the markets are reacting negatively after the federal reserve put off rate hike for now. we'll tell you what that means for you, next. magenta! do you suffer from cartridge conniptions? be conniption-free, thanks to the cartridge-free epson ecotank printer. a ridiculous amount of ink! and a set of replacement bottles are equal to about 80 cartridges. it's a perfect cure for-- i thought you said you bought--- i did buy the magenta! the epson ecotank. just fill & chill. available at. (vo) this year, t-mobile for business is here to help you hit the ground running. when you switch to t-mobile and bring your own device, we'll pay off your phone up to $800. you can keep your phone. keep your number. and get your employees connected on the largest and fastest 5g network. plus, we give you $200 in facebook ads on us! so you can reach more customers, create more opportunities

they had to have a good nominee, someone like amy coney barrett, with a clean record that you have to confirm just before a crucial election. >> harris: i want to get into some of what we have seen it, and that is the idea that it is too close to the election to get something like this through for the president. we seen that among republicans and we seen it among democrats, who do this as well. it's january and you can't miss the timing of how far out that is from november. it's not march, it's not may, so on and so forth. what do you make of how much time president biden would have to put something through, and as kayleigh just pointed out, you'd pretty much have to pick somebody perfect at this point because you don't have a start time. >> guy: don't forget that biden promised on the campaign trail that no matter who retired or died on the court, if he had the opportunity to replace someone, he would pick a black woman. that narrows the field of potential names are being discussed right now in the white house. i would imagine if there were a lot of conference calls and a zoom calls

he did vote for two of president trump's nominees, brett kavanaugh, neil gorsuch, amy coney barrett. he supported other justices in the past. there is still a very good possibility they can get him onboard. he tends to support nominees put forward by a president for other judicial positions. but this is a confirmation process. it remains to be seen who the nominee is or how that nominee fares under intense questioning before the senate judiciary committee and if any problems emerge from that, from the nominee's past. if you do look, also, john, back in history during obama's term, having his two nominees confirmed, sonia sotomayor and amy kagan, there are those who did vote for those nominations. kagan had 63 votes back in 2010 and sonia sotomayor as well. they had 60 senate seats and 59 in that senate majority, but they were able to peel off some republicans like susan collins, li lindsey graham. a lot has happened in the last dozen years, but there is, assuming some republicans potentially like a lisa murkowski who voted against brett kavanaugh on the court, she could be in play he

consider the ages of trump picked, kavanaugh, 56, amy coney barrett is 49 years old.ll. is that what the founders intended, an arms race between both parties over who can pick the youngest justices for the high court. is this a pillar for our democracy or fantasy football? after they get their new justice, democrats might want to take a second look at the filibuster and ask themselves what's more important. is the filibuster more important than election rights and women's rights? democrats could just ask themselves, what would mitch do? mcconnell has insisted he's against scrapping the filibuster. but what happens if the republicans are back in power? and if the filibuster does live on, mcconnell gets his judges. what do democrats get? i'll tell you. more of the same. i get they can keep on telling themselves, life's a mitch. the most watched host of fox news has been spreading dangerous conspiracy theories about january 6th and now can't understand why the u.s. doesn't side with the kremlin. his bosses, the murdocks, must own what comes out of tucker carlson's mouth.

think about amy coney barrett and her relative little experience in the appellate world. justice elena kagan, never having been a judge. i can go on. i'm cautioned looking at people who are thinking about this notion and saying i hope this women will get a farrakhan fir! hearing, that they are intellectual prowess will be on full display and politics and hypocrisy won't play a big role, particularly given the fact that, wolf, several of them have already received bipartisan support at the so-called lower courts, albeit high ones. i hope nothing changes between that and the supreme court as well. >> gloria, what are you learning about how quickly breyer's successor could be named and confirmed? >> as fast as they can. it's very clear they want to take a page from the mcconnell book which was -- the latest was amy coney barrett. it took 30 days from nomination to getting approved. i think that from chuck schumer and down, the democrats see absolutely no need to delay. this really in many ways was not a surprise to the white house. we know justice breyer had been deciding th

it went to city streets 12th at barrett.i-80 is moving smoothly there, and the longer drives are moving all right. we are looking at the all the altamont pass with no delays. >>> next on "today in the bay," how elon musks is >> the threat experts say 5g can now possibly pose. you're watching "today in the bay." grand canyon university, a christian university, is one of the largest and fastest-growing universities in the country offering over 200 engaging programs online. gcu integrates the free-market system, and its welcoming christian worldview perspective into its academic programs and throughout our online campus. gcu's online students received over $100 million dollars in scholarships in 2020. visit gcu.edu/myoffer to see the scholarships you qualify for. year. right now at 4:41, as you are heading out in the south bay, san josÉ, 46 degrees. this is warmer than what we have seen recently. we do have more clouds moving in. i think for the south bay for the most part will stay dry, but there will be some spots that get ra

barrett actually appeared at an event at the mcconnell center at the university of louisville. to convince you that this court is not comprised of a bunch of partisan hacks. now, where would anybody get an idea like that. the polls show a majority of americans oppose overturning roe vs. wade. opponents of roe have become the dogs who have caught the car, or the get away car, depending on your point of view. i suppose democrats can just say life's a mitch, which is why it's a mystery to me that some democrats are clinging to the filibuster, the same kind of filibuster that is preventing passing in the senate, from gun laws to abortion rights to protecting this democracy with voting rights legislation. and yet the senate no longer requires overcoming a filibuster for justices. it's easier to pack the court than pass laws. consider the ages of trump supreme court justices. brett kavanaugh is 56. neil gorsuch is 54. amy coney barrett is 49 years old. president biden is likely to choose a young justice as well. is that what the founders intended, an arms race between both parties ov

justice barrett's and 50. she turned 50 on friday. so this will change. in which breyer seems like from the past. and that will be the big change. to john's point, i totally agree. i think a few people like holly will blow hot air but if the republicans are smart, and i think they will be, this isn't something they want to fight only to lose. graham i think signaled today that they are going to let it go through and maybe try to use talking points about activists, democrats, or whatever. but they would be ill-advised, i think, to make a big long fight. biden -- this gives him a great talking point and focus. i think republicans will want what is good for the dems will be good for the republicans here. they want to make fairly quick work of it i think. >> shannon: and we know republicans have voted for judge ketanji brown jackson just last year. so it's going to be tough to say that this is different, although when you get to this league, vetting and the confirmation is a whole different ball game. so we will watch and see but we do expect it to play out v

justice barrett: what if it was just masking? mr. keller: i do not think osha can set the emergency rule nationwide covid policy. the more we back out of this and say it is not an emergency rule, targeted to a particular workplace, there can be debates about that but as long as they tried to set a blanket wide, economy-wide policy by an emergency rule, they will have the power. >> mr. flowers, are you still on the line? you may proceed. mr. flowers: [indiscernible] the president decided to regulate a gauge or -- danger. this resulted in a vaccine mandate. it requires the same thing all employers, regardless of the other steps they have taken or the nature of their workplaces or risk factors or local conditions that state and local officials are better positioned to accommodate, rule is not necessary to protect them fully from a great danger as the emergency provision requires and i want to be clear we share osha's desire to end the pandemic but they cannot pursue that unlawfully. i welcome your questions. >> so you're saying that the

justice gorsuch, kavanaugh and coney barrett.t's a midterm election year and the next term of the court will consider giant issues including abortion rights. >> this gives joe biden, he's had a heck of a last year and this gives him a chance to rack a win potentially, assuming everything goes as we think it is going to go through the senate. though everything, you can always hit a speed bump here or there. that said, this is -- and his opportunity to make history by putting the first black woman, nominating the first black woman, putting the first black woman on the supreme court. now whether or not this does become a motivating issue remains to be seen given your point about replacing a left of center justice with a left of center justice. i would actually be -- i think it's probably more the rulings on abortion and things like that, that will motivate democratic voters. but this certainly cannot hurt. >> cannot hurt. it changes the dynamic, paul, if you think about where, if we're having this conversation two days ago. republic

amy cohen barrett, remember her? on to the court in just 27 days, instead of the typical 60 days plus. the buzzword today among democratic senate leadership, was expeditious. they've already begun strategizing their next moves. and one democrat on the judiciary committee has this message for republicans. >> we are prepared to fight, make no mistake. we are prepared to fight ferociously. and use all of the options that we have to get this job done. it is a job that will get done. this nominee will be confirmed. this afternoon, justice breyer appeared with the president at the white house to formally announce his retirement. but our carried the letter he sent from the white house to detail his plans to remain on the court, through the end of the term this summer and to not leave until a successor is confirmed. president biden outlined how he plans to move forward with the nomination. >> once i select a nominee, i will ask the senate to move promptly on my choice. in the end i will nominate a historic candidate. someone

justice barrett: what if it was just masking? >> i don't think osha has the ability to set a nationwide covid policy. " well if it is not an emergency rule, or fit is targeted to -- justice barrett: thank you. >> thank, counsel. mr. flowers, are you still on the line? you may proceed. >> osha typically identifies a workplace danger and addresses it. this resulted in a vaccine mandate. nationwide in scope. regardless of other steps taken to protect the employees and regardless of local conditions that state and local officials are in a better place to accommodate. i want to be clear, we wish to bring this pandemic to a close. i welcome your questions. justice thomas: you are saying, mr. flowers, that the first step in osha's regulation is to identify a workforce, the problem in that workforce, and regulate that? >> part of the problems we are seeing is that it is not intended to regulate a workplace danger. it is a danger we all face when we wake up in the morning. justice thomas: the other part of my question is can they danger s

appoints of abortion like amy coney barrett don't think it sounds unreasonable at all but how would itwe changed just one word? how would it sound if it said the state requiring the girl to carry the pregnancy. or real cases of real suffering and said that the state requiring the 12-year-old girl to carry the pregnancy and then terminate her parental rights. amy coney barrett side of the argument never uses the word girl to describe who needs abortion services in the country. michelle goodwin teaches constitutional law at the university of california and in a "new york times" piece she writes this. like a military draft the state has coercively conscripted rape and incest survivors to endure one more tremendous burden, to take another devastating physical and mental hit. to tie their lives to those of their rapists. this time it is state lawmakers who strong-arm their bodies into service. this draft, the pregnancy draft, is warfare at home and the state leaves it girls on the battlefield to fend for themselves. the republican appointed supreme court justices were not willing to frame a

i would hope this process moves as quickly as the process did for amy coney barrett when she was addedsupreme court. that was a matter of weeks for the whole thing to happen. i'm hoping that we're not going to run into a whole sequence of roadblocks was obstructions from the gop. and in terms of the decision that you were citing of course, being part of that decision, judge jackson had on some kind of legal limb or in the vanguard of legal consciousness. i think a dozen judges all decided that way, i think only clarence thomas was on the other side with that. it's obvious when you have congress and the current president of the united states, the executive branch weighing into say there's no reason to invoke executive privilege, and all you've got is a former president was trying to cover-up his involvement in insurrection and trying to stop it and not even offering any kind of legal justification for that, so it was a good thing she did. she's been a very strong judge. i don't think that isolates are in anyway because she was part of that. >> if she finds herself in the supreme court c

nbc's mara barrett has the answer. >> reporter: years in the works, and nearly finished.t here is what we see in real life on the streets and in the street lamps. >> yeah, that's right. you see all the different circuits, how many lights are on each pole and if the lights are working or not. >> reporter: back at dispatch, the city's electric workers say the new communication between the streetlights and the app makes their life easier. >> this is the largest program to install smart lights in north america. >> reporter: every single one of these dots, a new smart l.e.d. streetlight. but the part of this major infrastructure transformation that you can't see, the climate impact. each of these lights, nearly 300,000 of them, doing their part to reduce the city's emissions. >> the goal of the project is to save energy, improve the quality of the lighting and to create a network that's more efficient and easier for the city to maintain. >> reporter: l.e.d.s lower electricity demand and, therefore, reduce greenhouse emissions. 95% of the energy in them is converted into light,

that's why collins voted against amy coney barrett.be some of the pros and cons that goes into the decision making about how aggressive to be on this timeline. >> really interesting. harry, let me give you the last word and ask you to just talk a little bit, share any stories. what, in your view, is justice breyer's legacy? it seems that the retirement and the timing and the manner and the climate in which it happened is as much a part of it than anything. >> yeah. i agree. i've been thinking about this and i think he's the sort of collection of sum contradictions. on the one hand, he is a classic liberal in the sense that he thinks government can help people and the supreme court, he's always considered himself, his word is pragmatist. personally, that picture shows it better than anything. he's almost the caricature of a dweeby professor, out of touch. i think the final thing is his sort of personal style. it's almost reminiscent of biden. he's very much understated. don't take credit. try to build consensus. never grand stand. try t

we saw with amy coney barrett, she went from nomination to confirmation in about 30 days. and also don't forget about the midterm elections. they confirmed brett kavanaugh a month before the midterms in 2018, you can see the senate with the competitive senate race in georgia, and warnock in his senate bid there and cuts two ways. it could be a problem for mark kelly, a moderate centrist in arizona, and moderate someone too liberal, it could be tough for him, trace. >> trace: chad pergram, thank you. sandra. >> sandra: nobody like chad. we minder, we are waiting on the white house press briefing, we'll see what jen psaki has to say when she takes questions and what president biden may know and did the justice tell the white house ahead of this. shannon bream is live, she's joining us now. great to see you on this breaking news, all sort of still taking this in and trying to predict what this means and what will happen next. real quickly, when mike davis joined us last hour, he seemed to make a suggestion about how this went down, listen. >> it is surprising that the white h