in 2019, brett kavanaugh surprised many when he sided with the court's liberals, ruling that iphone users could produce anti-trust lawsuits against apple over its app store. kavanaugh wrote the majority opinion. and last year, it was gorsuch again who joined liberal justices in a rule that protected members of the lgbt community from workplace discrimination. so joe, we know that confirmation exercises are hyperpartisan circuses in many cases, but in this case the central criticism of amy coney barrett was that she was on a mission, to use the term, to destroy the affordable care act. yesterday, she voted to uphold it. you know, there are a lot of things that are disturbing in american politics. the clown shows that these nomination battles have turned into through the years. and on both sides, we can talk about what happened with justice kavanaugh and what happened on the other side. we can go all the way back to robert bork. there's screeching and yelling and screaming on both sides, which are actually deeply offensive to people who actually follow the court and understand that sometime

it was actually a relatively easy vote for brett kavanaugh and amy coney barrett.p is stung by this ruling, it wasn't as momentous as back in 2012 when john roberts on his own cast that deciding vote. this tells us something about those two appointees, but there is more to learn. >> as a political matter, this has been the story of what happens when a law is on the books, becomes part of people's lives, then becomes far less politically potent for the republicans. the republicans have tried to repeal this in congress and haven't been able to. is it time to give up? >> it is a remarkable evolution. paul and i remember covering this from both ends of pennsylvania avenue in the early days and both the politics and legal threat obama care was under for a number of years really made it uncertain whether this was going to be a measure that sustained its presence in people's lives. now that it has, it has become popular. there are americans who oppose democratic politics who do not want to see this law rolled back. republicans have a choice right now. do they want to keep

brett kavanaugh all but said, you can't do this anymore.system where neck saban the coach of the university of alabama football team gets $9 million a year from the university and the football players who put their health on the line are not even allowed to get minimum wage of $7.25 an hour. i think this is just -- justice kavanaugh was all but inviting more lawsuits saying this system has to be torn up from the ground. i don't think it is going to be 20 or 30 years. >> so how do you see that working? this was unanimous by the way all nine justices agreeing. as christine was saying just images and, you know, likenesses and t-shirts? how would it work? there's a lot of different -- there are crew teams. >> field hockey teams, all kinds of teams that don't necessarily make the income a baseball or basketball team makes. >> that is one of the ncaa's big arguments is that the revenue from football and basketball subsidized wrestling and cross country and crew and all of the sports that don't bring in any revenue. there are lots of proposals in

argument, it looked like, even the con serservative justices, like chief justice roberts and brett kavanaugh were skeptical. the message that chief justice roberts is trying to send now, for almost a decade, if you, my conservatives, want to overturn the affordable care act, do it through the political process. don't trust the courts to do it. we saw, when the president was donald trump, and the senate and the house were in republican hands, they couldn't do it. they couldn't come up with a replacement. this is a supreme court that changes nothing. this isn't the same-sex marriage case, where states tomorrow have to allow same-sex marriages. all the case does is preserve the status quo. but it's a status quo, where people with pre-existing conditions are protected. people can keep the kids on health insurance for age 25. there's no lifetime limits on coverage. these are parts of american life, that i think even though this supreme court didn't address the merits for a third time, i think they are sending a very strong message that they are done with challenges to the affordable care act for

week to uphold obamacare and two of the justices named by donald trump, amy he coney barrett and brett kavanaughuphold obamacare. now, were you disappointed in that? >> well with, i was a bit surprised but i accept the outcome. so much for amy coney barrett being the religious zealot and all that was attached to her nomination. once you zero out the individual mandate for zero tax, the states complaining about it couldn't show an injury. from a conservative point of view, that decision made sense to me. i would love to get rid of obamacare. but the standing issue decided the case and barrett and kavanaugh took a very reasoned, conservative approach. so there you go. chris: [laughter] chris: that's right. listen, you wanted to -- >> don't like it? too bad. it ain't going to change. chris: can finally, foreign policy. a hardliner, ebrahim raisi, has been elected the new president of iran, the biden administration reportedly wants to conclude a nuclear deal before raisi takes office in six weeks. how do you think his election affects those talks? >> well, number one, a moderate member -- there are

brett kavanaugh certainly was more focused on ministrant of law than -- on administrative law than any other area of law. so the priorities of the conservative movement have changed. as far as the second part of your question, will, i guess harmonizing is maybe what you're asking, what i'm calling congregated originals and with traditionalist originals him. so, look, i will try to make this quick. there are three strands of broadly speaking originalist thoughts in the modern conservative legal movement. there is quote unquote conservative original is him -- originalism. kind of a positivist approach. that there is one right answer. you have to get it. that has been conservative originalism. there is more libertarian originalism. randy calls it the quote resumption of liberty. randy gets also as of libertarian conclusions aced on his assumptions that i find preposterous to be honest with you. then there is quote unquote progressive originalism affiliated with a professor that argues that the constitution itself is purposefully written in a way intended to affect the delegates to future

this was a little bit of an easier one for brett kavanaugh and amy coney barrett. you challengers from texas and other states, you have no injury here. you can't come up and complain about the individual insurance mandate when there's no penalty for it. there's nothing that your states have suffered in terms of a loss because of the law now. so that was an easy one to get rid of but, michael, the one that was really complicated and different was this religious freedom one because justices barrett and kavanaugh have both wanted more accommodation for religious believers. >> does the affordable care act, obamacare and as a trilogylion low -- end the trilogy that there could be a part four? >> oh, yeah. there will always be challenges. there are still challenges percolating up towards the justices, but as far as the supreme court's concerned, they don't want them. they don't want to see any kind of broad scale challenge anymore, that's for sure. so we can say michael, tonight for our viewers that the act as a whole is here to stay. it's not going to be thrown out in t

for down the road in terms of favoring religious believers but justices amy coney barrett and brett kavanaugh stuck with chief justice john roberts as did our liberal members of this court, justice alaina kagan signed onto this, as did sonia sotomayor and steven briar. there was some variation in the legal reasoning there but this decision showed that for now chief justice john roberts has not been overcome by the trump appointees in a very conservative generally court that he still is trying to work the middle even though as i say this was a blow for the city of philadelphia and for same sex couples. >> the chess of this is fascinating when we have several more cases in the pipeline. joan biskupic, grateful for your reporting. >>> big democratic tensions over stalled domestic priorities. ♪ kraft. for the win win. like many people with moderate to severe ulcerative colitis or crohn's disease, i was there. be right back. but my symptoms were keeping me from where i needed to be. so i talked to my doctor and learned humira is the #1 prescribed biologic for people with uc or crohn's disease. and

i'm no fan of brett kavanaugh in all honesty. been so flatly wrong, he felt strong enough to write an opinion and basically say anywhere in the world what the ncaa has been doing, their business model, would be flatly illegal. we have all known this. you can't get away with not paying your employees, college athletes, especially at the highest level, it is work. and i don't know if you know this, steph, but for me, an athlete, former athlete, 35 years ago, coming out of university of kentucky, when you sign a national letter of intent to go to college, in that moment you sign away your image and likeness rights in perpetuity forever. so university of kentucky, for instance, has my rights. i don't make any money from that, not when i was in school, not after school, and that's wrong, on top of just not paying for your labor. a monumental day yesterday. the ncaa is having to face some reckoning now. >> well, this hits the ncaa exactly where it hurts. do you think it is going to destroy their business model forever? >> i think it is

but as the conservative justice brett kavanaugh said, he said the fight is not over. the law. and really what he stressed in his concurrence is that there should be a way for these athletes to get compensated above and beyond. he talked about the fact that congress may have to get involved, maybe students will have to engage in collective garging here. and the common refrain is that there is this huge disparity between the ncaa, the officials, the coaches, the schools making millions and millions and millions of dollars. and justice kavanaugh said the students e

. >> john, do you think neil gorsuch, brett kavanaugh, amy coney barrett, have demonstrated loyalty to donald trump in their time on the bench? >> caller: i'm going to go all the way back to justice thomas, for example. the charade that we had in the senate, the selection process, i've never seen justice thomas even being talked about, everybody already knows he's going to go with whatever the republicans are going. justice kavanaugh, for example, is very obvious. donald trump was the guy who stuck behind him, who was his backing, so look at his track record, his voting record, for example. don't we feel sure, it's not donald trump in particular, isn't he showing loyalty to the republican party? >> that's john in frederick, maryland this morning. this from a gallup poll on this same issue, the same question, do you think the supreme court is too liberal, too conservative, or about right. you can see how the numbers change over the years. the dark line here is those americans who said that the court is too conservative. you can see, i pointed to 2005, that's when chief justice roberts t

, at the end wrote this, talking about where the court was probably going to go, brett kavanaugh said that, tradition alone cannot justify the ncaa's decision to build a massive money enterprise on the backs of student athletes who are not fairly compensated. i know you've seen it, i've seen it at alabama over the past 40 years, usually these poor kids coming from rural alabama being recruited, making tens of millions of dollars for the university, they break an ankle, something else, a knee gets busted and they're at the pigly wiggly for the rest of their lives, they get no health care, don't get compensated, nothing. it's been outrageous for a long time. >> it is. and it rocks the foundation of the ncaa theory's case what people love about college sports is the amateurism. but what's happening in college sports is people are making billions of dollars, and the head coaches and athletic directors are the highest paid officials in every state in the country and the players get nothing. it was a narrow decision that upholds a former ruling in a lower court. under current ncaa rules stu

. >> this is pra brett kavanaugh wrote, nowhere else in america can businesses get away with agreeingr workers at a fair market rate and under ordinary principles of antitrust law it is not evident why college sports should be any different. the ncaa is not above the law. so this specific ruling doesn't mean they can all of a sudden get salaries, it means they can get certain compensation for education, computers, mare scholarships to graduate schools, things like that. how much of a difference do you think that will make in a student athlete's life? >> it should make a lot of difference. this is a group of athletes that have so much time restriction so the idea of getting paid internships and pod-grad opportunities is a big deal and i think just fundamentally it shifts what stools are allowed to provide for their athletes. we've talked so much in the last year or so about name, image and likeness and endorsements and sponsorships, that's all third-party stuff. this is directly what a school can provide to its own athletes and, yes, it's narrow, education-related expenses but that's s

. >> reporter: justice brett kavanaugh said the business model would be flatly illegal in almost any other industry in america. he said restaurants can't band together to cut wages for ees on the theory customers prefer >> this could be the beginning of the end for the college amateur model, open the door for college athletes to receive payment to play or attend a school or transfer schools >> reporter: the ncaa must soon decide what to do about a growing number of state laws that explicitly allo athletes to be paid for the use of their names or likenesses. the ruling is a blow to a system that generates billions for everyone but the athletes the ncaa says it hopes congress will now act to limit how they can be paid. lester >> pete williams, thank you. >>> for the first time ever, an active player in the nfl announced he is gay. las vegas raiders defensive end carl nassib made the announcement on instagram, saying he has the best life, family, friends and job a guy can ask for. >>> americans are traveling again, and planning to vacation with a vengeance tonight, how this has caught a

7-2 to uphold obamacare and two of the justices named by donald trump, amy coney barrett and brett kavanaughalong to uphold obamacare. now, were you disappointed in that? >> senator graham: well, i was a bit surprised but i accept the outcome. so much for amy coney barrett being a religious zealot at all the demagoguery attached to her nomination, so i think what the justices did, say that one to zero out the individual mandate for zero tax, the states complaining about it really could show injury. from a conservative point of view, that decision made sense to me. i'd love to get rid of obamaca obamacare, but the standing issue decided the case and barrett and kavanaugh took a very recent, conservative approach, so there you go. >> chris: [laughs] that's right. listen, [indiscernible]. >> senator graham: it ain't going to change. >> chris: finally, foreign policy. hard-liner, abraham or is beenelected the president of. the bite and a administration report of the wants to conclude a nuclear deal before he takes office in six weeks. how do you think his election affects those talks? >> senator

but the court dismissed that idea justice brett kavanaugh writing, quote, the ncaa's business model would be flatly illegal in almost any other industry in america. athletes hope this is a step toward being able to share in the riches reaped by their schools. >> when you earn billions of dollars off the backs of these athletes, you have to treat them fairly. >> reporter: the ruling ratchets up the pressure on the ncaa as it considers whether student athletes can be compensated for the use of their names and images, opening the door for potentially lucrative endorsements. in washington, alice barr, nbc news. >>> a raiders player is making history by just being himself. he announced on social media that he's gay. >> what's up, people, i'm carl nassib. i want to take a quick moment to say that i'm gay. i finally feel comfortable enough to get it off my chester. i have the best life. i have the best family, friends, and job a guy could ask for. >> he becomes first active player in nfl history to announce that he's gay. he says he's a private person and he isn't doing it for publicity but it s

the victory for former clemson player jenkins just as brett kavanaugh said the ncaa's business model would be flatly illegal in almost any other industry in america. he said restaurants, for example, can't ban together to cut wages for their employees on the theory that customers prefer food prepared by low-paid cooks. >> this could open the door for college athletes to receive payment to play, payment to attend a school or transfer school >> the ncaa must soon decide what to do about a growing number of state laws that explicitly allow athletes to be paid for the use of their names or likenesses. the supreme court's ruling is a blow to a system that generates billions of dollars for everyone but the athletes now the ncaa says it hopes congress will act on a bill to set a nationwide standard, limiting how they can be paid. frances? >> pete, thanks. >>> a man in california is under arrest in connection with a nutty heist. we're talking about a theft of about 21 tons of pistachios valued at over $100,000. the investigation started after an audit by touchstone pistachio company revealed

that numbers of congress are considering, and it was spelt out, really, in the ruling ofjustice brett kavanaugh, "the ncaa has built a massive moneymaking enterprise on the backs of student athletes who are not fairly compensated, a feeling then that this is an compensated. david willis. the las vegas raiders player carl nassib has announced he is gay, making him the first active nfl player to come out. in a video post he said he finally felt comfortable to get the issue off his chest. what's up, people? i am carl nassib and i'm in my house here in westchester, pennsylvania. i'm taking a moment to tell people i am gay. i've been open about it for a while now but i'm finally comfortable to get it off my chest. i really have the best life, the best family, friends and job a guy could ask for. i'm a pretty private person so i really hope you guys know i'm not doing this for attention, but ijust think representation and visibility are so important. i actually hope that one day, videos like this and the whole coming out process are just not necessary. to football's european championships now, and th

justice brett kavanaugh has warned that the "ncaa's 0ur north america correspondent david willis tolde sports here are extremely popular. they attract large audiences and they rake in billions of dollars as you mentioned. not only for the colleges themselves, but for coaches and for officials of the national collegiate athletic association which is the governing body. for example, its president takes home $7 million a year. it's not unusual for takes home $7 million a year. it's not unusualfor a takes home $7 million a year. it's not unusual for a football coach year to earn around $11 million a year. but the athletes themselves are deemed temperatures and they receive scholarships and exchange. this ruling, as you mentioned, a unanimous ruling by the highest court in the land doesn't open the door directly for the athletes to be paid, but it does pave the way potentially for them to receive additional benefits. additional things to lure them to certain colleges, for example. things like internships, computers, that sort of thing. the united states supreme court ruled that the ncaa is

justice brett kavanaugh has warned that the "ncaa's business model of using unpaid student athletes to get more from our north america correspondent david willis, who is in los angeles. david, but with a ruling on today? —— what were they. college sports here are extremely popular. they attract large audiences and they rake in billions of dollars as you mentioned in not only for the colleges themselves, but for coaches and for officials of the national collegiate association. the governing body. its president takes home $7 million a year. it's not unusualfor a home $7 million a year. it's not unusual for a football coach year to earn around $11 million a year. but the athletes themselves are deemed temperatures and they receive scholarships and exchange. this ruling, this unanimous ruling of the highest court in the land doesn't open the door directly for the athletes to be paid, but it does pave the way for potentially, than to receive additional benefits. additional things to lure them to certain colleges, for example. internships, computers, that sort of thing. united states supreme

four to have the court's conservatives including trump appointees brett kavanaugh and amy coney barrett joined justice stephen breyer's majority opinion which said the states had no grounds to challenge it because they failed to show it caused them any harm. har >> the justices by a strong >> the justices majority have said congress decided to keep the a.c.a. and we are not going to strike it down. >> reporter: in a separate case about religious freedom, the justices were unanimous, ruling the city of philadelphia was wrong to cut ties with the catholic organization because it refused to provide foster care services to same sex couples. >> those who expected consistent ideological divisions on the new roberts court were wrong. >> o'donnell: but that consensus and unanimity will be tested next term when the court will take on some of the most contentious issues in our society, including a major challenge to roe v. wade. norah. >> o'donnell: jan crawford, thank you. tonight, the federal overnment plans to spend more than $3 billion to develop new medicines, possibly even a pill to treat t

that numbers of congress are considering, and it was spelt out, really, in the ruling ofjustice brett kavanaughe ncaa has built a massive moneymaking enterprise on the backs of student athletes who are not fairly compensated, a feeling then that this is an organisation that runs itself as a business but has thrived because of this notion of amateurism and that is something that has to come to an end." david, very tight on time but it's important to let viewers know, if you are a coach in the college system, if you are one of the commissioners, one of the bigwigs, what can you expect to pick up? you know what, the president of the ncaa is known to be paid about $4 million a year. if you are a football you can be pocketing $11 million onto the euro's now and the plight of the danish team, with their talisman christian eriksen�*s cardiac arrest and then having to play a game so soon after he collapsed on the pitch, has grabbed the attention of sports fans around the world. none more so than danish fans in the united states. let's cross to berea, kentucky now and speak to sune frederiksen. sune was

judges, this is just about making sure that people who are not partisan hacks in the way that brett kavanaugh revealed himself to be in a confirmation hearing railing against hillary clinton are appointed to the highest court in the land. the fact that the american public doesn't have faith in the supreme court because of its retrograde rulings is also untenable for our democracy. >> i think that what we're trying to do here is not -- it's not a partisan power grab as much as trying to restore balance to the court to ensure fair elections and to ensure voting rights. look, i think, you know, congressman jones is perhaps right on the politics of what happens if these voting rights are restored and sort of everybody who would like to vote and is eligible to vote can, but even the border question that i think came up in the q&a about like what happens next and like isn't -- aren't we sort of on the road to a 200-member supreme court, i think two things, i think, one, we're living in the worst-case scenario right now where we have a supreme court that is so out of balance, that's so tilted toward

politicized after watching mitch mcconnell steal one seat from barack obama, pushing through brett kavanaugh, with a sexual salts allegations, and moving through justice barrett, a week before election day. 60 million votes had already been cast. that is what has over politicized the court. that's why people are losing confidence in our court, and thinking it makes its ruling based on politics rather than a law. because what republicans have done, not because of the conversation that we are having about restoring ballots balance and legitimacy. i think he knows better, he seen citizens united, and gerrymandering, and purging voter rules, he seen it all and i think he says what he thinks he needs to say and hopefully this is a precursor to the announcement that we're hoping, that will be made, and if that happens whatever you said last night was fine with me. >> yikes. >> okay. >> i would add to that a few things, i think justice prior has to wake up every day go to work at the court, and he was truly convinced that this court there was no chance of letting his colleagues vote, it would be ha

that is that was a very narrow 5-numfour decision, two of the justices have been replaced by brett kavanaugh and barrett. the issue of texas trying to defend its border and its own citizens lives and properties a different issue than the issue we had in arizona with a state law that sought to enforce us immigration policy so if courts revisited the situation you would not see a 5-numfour decision against texas, it would probably be 6-3 decision in texas's favor. jillian: this would be funded by donations which have increased a website where people can send money and in addition to using state lands to construct the wall he would rely on local governments to volunteer territory for the wall. you live in california and moved to texas. i am curious if this is something folks in texas will get behind. >> a lot of property owners will. i was on the border for three days just about 10 days ago and people were concerned, scared, many have been driven out of their homes because there are so many illegal immigrants crossing the border and the further you get from more populated areas the more likely

justice amy coney barrett and judge brett kavanaugh, two of the nominees, were in the majority.t issue the ruling on the constitutionality of the law but a threshold issue. it said the republican-lead states didn't have the legal right because they couldn't point to a specific injury. what the supreme court did is dismiss the challenge, but what's interesting here is remember how hard president trump fought to invalidate this law and here two of his nominees voted to allow it to remain in place. and the religious case, they refused to work with same-sex couples and same-sex marriages. the six justice majority ruled in favor of the agency. that was very narrowly tailored to what happened in philadelphia. the agency won, but three other justices, alito, gore sunks and thomas, they wanted their colleagues to go much further, to really have an opinion that had nationwide implications and they didn't have the vote to issue such a big opinion and that's because barrett and cavanaugh weren't ready to go that far. so it's interesting because that issue was key to president trump's base.

as victor just said, amy coney barrett and brett kavanaugh and john roberts -- as soon as i see the graphic, i'll be able to tell you -- and clarence thomas sided with the majority opinion. there was justice alito and gorsuch who dissented. basically they said there's nothing this court won't do to protect the affordable care act. they were sort of disparaging in saying that i felt the bias was towards the affordable care act. >> i think the court had a strong basis to do exactly what it did, and had it actually reached the merits, we would have won that, too. there was really no merit to this case. it never should have seen the light of day. even the most conservative justices on this court could see there was no merit here and threw it out, and with instructions for the lower courts to dismiss the case. so it's a strong ruling, a strong majority. that's a great day for americans, to know their health care now is protected. they know, also, if there's another legal challenge, we will be right in there to fight for health care, to protect their health care. again, tens of millions of player

then vice president sippy cup was in office and in september 2018, the network all but accused brett kavanaugh of being guilty of every charge made against him and in january of 2019, multiple so-called journalists at cnn slandering a 15-year-old boy wearing a maggot and initially settled out of court. i would bet it's tens of millions. clearly, it is hyper obsessive in their pursuit to smear all things donald trump 24/7. they got it wrong over and over and over again. never apologize, never corrected the record and clearly, they are never going to change. take a look. >> sources now telling cnn that michael cohen claims then candidate trump despite his many denials since new in advance about that june 2016 trump tower meeting. >> calling for the block number and other seems to be good evidence that was probably president trump. >> the former campaign chairman paid secret visits, multiple to .>> what a great case officer vladimir putin's, he knows how to handle an asset and that's what he's doing with the president. >> first of all, the dossier has been corroborated by the intelligence communi

. >> this wasn't the, quote, paying the players case but brett kavanaugh sent a message loud and clearrule in that case, quote, the ncaa is not above the law. the ncaa couches its arguments for not being student-athletes, the labels cannot disguise the real become the ncaa business model would be flatly illegal in almost any other industry in america. how perilous is the future of the ncaa as an institution in light of this ruling and that concurrence? >> it has existed for 100 years in the business model has not paid college athletes and it ends with, quote, it is not above the law, that is a little bit of a veiled threat from the courts that the model is not going to fly, we are not going to accept it. it stands on perilous grounds and in the history of college sports, football and basketball are the big money makers and profit is distributed among other sports. it will be difficult to see how all the sports as we know and love will exist under this model. for student-athletes to get paid. a lot of questions, you will enter a period of the wild wild west how athletes get paid, how sc

. >> it was interesting to hear justice brett kavanaugh in his reasoning for his decision basically saidother company would have been able to get away with this. you can't not compensate -- you can't make billions of dollars. okay. nowhere else in america can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. it sounds simple the way he lays it out but it's gone on a long time. >> it has taken a long time to get here but those are welcome words. the athletes have dealt with this for a long time. this is life changing for them. people of color, they come from communities where the opportunity to earn some of these revenues they're generating, some of these benefits, some of the education enhancing opportunities, they are life changing and critical so we couldn't be happier. >> all right. we'll see how it is implemented. jeffrey kessler, thank you for your time. >> thank you very much. my pleasure. >>> so former president barack obama with a new warning that americans cann

and what is especially interesting here is the concurrence written by conservative justice brett kavanaughut the fact that he believes the fight here is far from over. he says that there are serious questions about other restrictions the ncaa places on students making money and he slammed the organization's justification for those restrictions because the ncaa has argued that paying athletes would dilute their amateur status. they even say fans prefer student-athletes not get paid, but in the majority evidence they said there wasn't that much evidence for that assertion. so justice kavanaugh writing nowhere else can a business agree not to pay a fair market rate on the theory that the product is defined by not paying their workers a fair market rate. and it is not evident why college sports should be any different. the ncaa is not above the law. justice kavanaugh pushing back on this idea that tradition and history should hamper the right of student-athletes to at least get some compensation especially when the ncaa and the colleges and coaches are making millions and millions of dollars e

that four supreme court justices that are sitting on the court right now attended, including brett kavanaugh and neil gorsuch, sonia shorter mayor, samuel alito. and the kind of pathway to power those go through law school. but it also go through very powerful professors to correct men students for all kind of opportunities. chief among them the clerk ships. if you get one of these clerk ships on the supreme court puts you on a big path in corporate law can involve a 400,000 dollar bonus. just to sign a deal with a law firm. six of the nine current supreme court justices clerk to on the supreme court themselves. so it might even lead you to the supreme court. this unusually small, only 200 students a year attend law school. is a pipeline to a lot of the powers that be right now. so, for two individuals who are happen to be married to each other. happen to be pretty colorful characters. to now stand accused of abusing that power by a whole new generation of students. this pointed me towards a new conflict that there were people who were coming forward and going through official processes, tha

two of those justices, brett kavanaugh and amy coney barrett, voting with the majority.w it's a difficult day for many people around america, and it was especially touching to hear from you about your relationship with your father. >> oh, thanks, jonathan. that's really nice of you. you going to try to make me cry before i end the show? i'm not going to do it. no, it's okay. i was talking to danny sa val es a couple days ago, and he actually compared obamacare to roe v. wade. a lot of challenges have been leveled against roe v. wade over its time but it's become so ingrained in our society in a way as obamacare has since president obama put it into effect. yet there have been now challenges to roe v. wade at a state level as we have seen, for instance in texas. the law has changed now when it comes to abortion rights in the state of texas. do you foresee challenges being made to obamacare on a state level? >> we saw that going on certainly at some level with the court cases being filed by state basically. you can see that. i think that it's politically difficult to take

spotlight, breaking with democrats in the midst of the supreme court confirmation fight over brett kavanaugh to vote with republicans, he also supported trump's first supreme court nominee neil gorsuch, he opposed the rest confirmation of amy coney barrett -- the rushed confirmation of amy coney barrett. he stood with president trump in a gop effort to push through the republican tax bill. those are some of his most high-profile votes. caller: with that issue, the supreme court, those people are there for life. they make their decisions. this is about the people of the country, this is a voting issue. if you cannot vote, it is crazy. i tell you something. this country cannot keep going like this. host: this is the straw that breaks the camels back for you with him? or no? caller: if he votes against this, yes. this is the straw that breaks the camels back. i love him, but i will go against him. that is how i feel. they come from a big family and this is set. -- this is sad. where you get this? this is not a democrat, independent, republican issue, this is about democracy. caller: that is fra

it interested to look at the breakdown, you know, the conservatives, the clarence thomas, and brett kavanaugh and amy conet barrett that sided the liberals on the court, including justice roberts there? >> they did it on a dry legal term, and it's called standing, right. conservatives -- it's hard to get in court and hard to bring a challenge and that's where the conservatives here who ruled with the majority, they said, look, we're not even going to get to the merits of the law, we are going to dismiss this because you didn't have the injury that you need to bring the challenge. that's what makes it make more sense. >> let's turn to the fulton decision, the religious freedom case. you say this is the most important decision of the term. why? >> it's the dog that didn't bark that makes it most important. everybody was watching this to see would the new court emboldened make new law about religious freedom, and here was the issue. you saw that basically philadelphia said to a catholic organization, we're not going to let you do foster care anymore because you won't do same-sex parents, and the

but as the conservative justice brett kavanaugh said, he said the fight is not over. he said the ncaa is not above the law. and really what he stressed in his concurrence is that there should be a way for these athletes to get compensated above and beyond. he talked about the fact that congress may have to get involved, maybe students will have to engage in collective garging here. and the common refrain is that there is this huge disparity between the ncaa, the officials, the coaches, the schools making millions and millions and millions of dollars. and justice kavanaugh said the students end up with little or nothing. >> has the ncaa responded yet? >> they did. this afternoon they responded after the decision came down. here's what they said. they said, while today's decision preserves the lower court ruling, it also reaffirms the ncaa's authority to adopt reasonable rules and repeatedly notes that the ncaa remains free to articulate what are and are not truly educational benefits consistent with the ncaa's mission to support student athletes. so the ncaa, they are

. >> i usually say brett kavanaugh has not. her? >> i would love to interview her. she would be an iconic guest. >> stephen: she's a fan-- i've interviewed her, what, four, four, five times. she's-- she's-- one of the things about her, not all politicians are this way, you feel like you're actually having a conversation with her. >> wow, yeah. she's an icon. what do you want to do next? you're your own musical guest every show, and i'm curious whether you actually want-- whether you want a musical career. >> i am going to pivot to pop star in four to five years. but right now, i'll be a television host. >> stephen: do you have any advice for anyone going into an internship out there? >> don't stop talking ( laughs ). it will never get you in trouble. >> stephen: well, give my best to your fellow intern john oliver. i miss him. i wonder whatever happened to that guy. and thank you so much for being here. it was great to meet you, again. >> it's a pleasure to meet my tether and talk to him on his show, so this has been awesome. >

we had, you know, amy coney barrett, brett kavanaugh, you had clarence thomas and, of course, chief justiceth the majority here. are you surprised by that? >> you know, these days perhaps common sense surprises people, but it was pretty clear that the case that was being made by them in the state of texas as we speak, and texas is the state that initiated the case, there was no basis for it. they had no standing, no grounds to sue because they were not being harmed. in fact, americans who live in texas are benefiting from the affordable care act and so it was great to see that seven out of nine justices went with common sense. >> it is the third time the aca has been challenged, gone to supreme court, and survived. as you pointed out, what do you say to people who are there, you know, are out there worried that there will be, yet another challenge, that their coverage is just constantly in jeopardy of being nullified? >> someone's always going to step to the plate. this country is about building, not dismantling. and the affordable care act has helped us build a better health care system in

and what's especially interesting here is the concurrence that was run by brett kavanaugh, the conservative. he alluded to the fact that the fight is far from over. he said there are serious questions about other restrictions. the ncaa places on students making money and slammed the justification for those restrictions. because the ncaa has argued that paying athletes would dilute their amateur status and fans prefer student athletes get paid. the other justice said there wasn't much evidence for that. justice kavanaugh writing those traditions can loan cannot sufficient the ncaa decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated. nowhere else in america can businesses get away with agreeing not to pay their workers a fair market rate. under ordinary principles of anti-just law, it is not evidence why college sports should be any different. the ncaa is not above the law. so some foreboding language there. justice kavanaugh pushed back on the idea of tradition and history hampering the right of student athletes to at least get

it was the largest margin of defeat for republicans so far with trump nominees, brett kavanaugh and amytt agreeing with the majority to preserve the law in a 7 to 2 decision. now this decision does not permanently guarantee the affordable care act or protected going forward. republicans, they're not sure how to get it again. but the decision is a victory, nonetheless. i'll franken was one of the key votes in the passing of the aca he is now the host of the al franken podcast and he joins me now. thank you so much for being with me, your senate win made obamacare possible. >> yeah. >> i apologize were on a slight delay. let me ask the question and i will let you give your complete answer. what are the lessons learned, in your view, in terms of how to pass progressive legislation that will be upheld in courts? >> that is a tall order to figure out because they stack the court, they packed the court with federal society judges during trump. with really partisan, on qualified judges. the federal courts now is very partisan. part of what we have to do, we have to confirm our own judges. unfo

two of former president trump's own appointees just as amy coney barrett and justice brett kavanaughpinion. but what stuck out to me was that even back when republicans controlled the white house, senate, and the house, the affordable care act could not be killed. so much of it has remained popular among americans across the political spectrum, yet republicans have continued their attempts to end it. after the most recent failure, do you think the gop will finally give up? >> they'll use it as a political tool, but it's not going anywhere. if they were smart, if we were actually a country based on two parties wanting to work together, the republicans would pick up where the democrats left off in the 2020 primary in saying, yes, we have to make fixes. so let's all work together to get those fixes to the affordable care act. it is the law. it is not changing. the last whole host of reasons which we don't have time to get to as to why not. but this would be a perfect issue for republicans to say we want these tweaks, and it would be interesting to see what the democrats i'm trying to do

while the case doesn't decide whether students can simply be paid salaries, justice brett kavanaugh signaledlead, writing decisions alone cannot justify the ncaa's decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated. >>> now this. las vegas raiders defensive end is now the first active nfl player to come out as gay. he announced the news on instagram yesterday saying he's not doing it for the attention but because he feels representation and visibility are underrepresented. >> i wanted to take a moment to say i'm gay. i finally feel comfortable to get it off my chest. i'm a really private person. i hope you know i'm not doing it for attention. i think representation and visibility are so important. i hope one day videos like this and the whole coming out process are just not necessary. until then i'll do my part. >> he said he, quote, agonized over the moment for the last 15 years and only decided to go public after receiving support from his family and friends. the 28-year-old pledged a $100,000 donation to the trevor project.

in his concurring opinion, justice brett kavanaugh writes, nowhere else in america can businesses gethat their product is defined by not paying their workers a fair market rate. martin jenkins is with me, a former clemson university football player. your case against the ncaa in 2014 went all the wait to the g so much for having me. i'm super excited. >> in the majority opinion written by justice gorsuch, he ackno acknowledge and writes some will see this as a poor substitute for full relief. because it is not that athletes could get paid anything. it is that they could get education-related payments. do you think it goes far enough? >> i don't think it necessarily goes far enough yet. but you know, it is going to be a long fought battle and it is definitely 1,000% in my opinion a major step in the right direction at least. >> so when it comes to you, you, your brother who also played football, are two of the 98% of college athletes who never go on to the pros and never make money off of the skill but give so much back to the university and make so much money for the conference and th

interesting here is that in this broad opinion there is a concurrence written by conservative justice brett kavanaughks about the fact that, really, the fight is far from over here. he said there are serious questions about other restrictions the ncaa places on students making money. so here's a line from his concurrence. he says, nowhere else in america can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their protect is defined by not paying their workers a fair market rate. under ordinary principles of anti-trust law it is not evident why college sports should be any different. the ncaa is not above the law. what justice cavanaugh is referring to there is that the ncaa had argued that by providing any additional compensation to student athletes it would reroad their amateur status. justice cavanaugh, in that concurrence n that quote, he seems to encourage this broader fight down the road. what is interesting several states passed laws allowing students to profit. there is a florida saw that allows athletes to profit off their name, image, and likene

justice brett kavanaugh hammering the sthanay ncaa sayi nowhere else in america can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. and it is not evident why college sports should be any different. the ncaa is not above the law. now, this decision did not have anything to do with whether college players can make money off their name, image and likeness. that decision looms as many states continue to pass legislation making it illegal for the ncaa to prevent athletes from making money. white house press secretary jen psaki says that the ruling is a victory for the efforts of student-athletes. >> our view is that of course ncaa student-athletes work very hard both on the athletic field and in the classroom. i'm a retired one myself. and today's decision recognizes that as with all americans, their hard work should not be exploited and the president believes that everyone who works should be compensated fairly for his or her labor. >> psakisacpsaki was a member o swim t