before justice breyer was confirmed, he was justice breyer on the u.s. court of appeals for the 1st circuit. he was nominated to that position by president carter and he was confirmed on december 9th, 1980. think about that date for a moment. december 9th, 1980. that was after the 1980 election. when you may recall, which you may recall, ushered in the very interesting tenure of -- of, as you all know, ronald reagan. it was a reagan revolution. not only did ronald reagan defeat president carter in the presidential race, but republicans captured the senate for the first time in 26 years. notwithstanding all that, the senate voted to confirm judge breyer in december 1980 and the vote wasn't even close. it was 80-10. only six republicans opposed judge breyer's confirmation. and that's not the whole of it. judge breyer wasn't even nominated until after the 1980 election. so he was both nominated and confirmed after carter lost. think about that. after carter lost the election and after democrats lost the senate. and republicans did not try to block him. they

two companies hope their strategic partnership will help accelerate growth on the global market and breyer is forecasting a sharp rise in demand for regional jets of up to one hundred fifty seats in the next two decades especially in china it has been promoting its new. jet. the two plane makers have also set up a separate joint venture to produce and breyer's new military transport plane the k c three ninety both deals are still subject to approval by brazil's government shareholders and regulatory authorities. boeing's collaboration with m. prayer is also a response to the takeover of production of bombarding a c. series for regional jets by rival airbus earlier this year i know it's all your business thanks for watching. a stop wrong by women business as usual. intricately. the founders of the yamaha brave and determined giving and junction action in libya a chance. to manage the slimmest live and you can't let a morning destruction get you down labelled a monotone a little gentle. stroll on. natural riches some little precious resources. and a rewarding investment from a foreign land h

from west breyer elementary school, you what? >> i care!'re not getting anything do today in school. i love that. fantastic story. >> lauryn, you're talking rain. almostin moving do we have a couple minutes to go grab lunch outside? >> do you want to go outside for lunch? you want to eat outside? you want to do that? >> i mean if we want to go get something to eat, are you going to get wet? do you need to takeour umbrella? >> you don't need your umbrella yet. >> good >> i don't eat outside, not in the winter. >> listenf you want to go outside right now and grab some lynch, it's not that bad but -- >> don't eat tse. >> don't eat outside. >> that's not what i meant. >> you're not going to want t eat dinner outside because it's going to be rainihe by time it gets to dinnertime. rain is moving from the south to the north from 2:00 to about 5:00, i'm sure it will be here in d.c. as we get to the evening commute. saturday rain throughout the day, showers by sunday and monday and tuesday are going to be dry but they're going to be blustery out the

justice breyer --: mr. feigin: another difficulty that's going to arise here is prosecutions by the federal government that follow tribal prosecutions, which i think are about 2/3 of the -- of the few hundred successive prosecutions that we bring each year. and as this court recognized a couple of terms ago in united states against bryant, the federal government plays a critical role in curbing the serious problem of domestic violence against native american women. tribes are limited generally to prosecuting only for misdemeanors. so if they find that someone has been committing domestic abuse, the most that they can do is prosecute that person for a misdemeanor. under federal law, 18 .s.c. 117-a, we can prosecutor for -- recidivist domestic abusers for a felony. and the tribes bring -- justice ginsburg: and what is -- feigin: the tribes bring - justice ginsburg: what is the reasons for the tribe's very limited jurisdiction? mr. feigin: so the tribes have limited jurisdiction as a consequence of federal law

incidentally i don't -- justice breyer: you don't -- mr. chaiten: i'm sorry. justice breyer: no, the reason you don't apply the unconstitutional law to all those people who are in prison is because the reliance in the community on their staying in prison. mr. chaiten: well, i think the reason you don't apply it is because the judgment is final, so i think it is a separate question from the underlying merits question, the underlying constitutional question. and, incidentally, i don't think this rule would be retroactive. it's a procedural rule. it doesn't go to substantive. it's not a watershed rule. i don't think that's a concern here. and then -- justice alito: and there have under the fourth amendment, the fifth amendment, self-incrimination, under the six amendment, jury trial right, the right to ineffective assistance of counsel under the eighth amendment, cruel in a natural -- cruel and unusual punishment, you would say there could never be a reliance. and because there can never be reliance and involves an individual right, you can put stare decisis a si

two companies hope their strategic partnership will help accelerate growth on the global market and breyeris forecasting a sharp rise in demand for regional jets of up to one hundred fifty seats in the next two decades especially in china it has been promoting its new. jet. the two plane makers have also set up a separate joint venture to produce and breyer's new military transport plane the k c three ninety both deals are still subject to approval by brazil's government shareholders and regulatory authorities. boeing's collaboration with embraer is also a response to the takeover of production of barbarity a c. series for regional jets by rival airbus earlier this year. that's all the oil business small world news now with terry thank you it is international migrants day it's not a theory to recognize the contribution made by migrants to the economies of their host countries also a reminder of the need to promote respect for their human rights our next report looks at the plight of the thousands of migrants who are stranded in libya as they risk everything to reach europe by crossing the

i might see -- justice breyer is right next to me, and i might say, i'm going to make a suggestion about part three of the opinion. it seems to me you could not emphasize this part so much. then i'd write a memo for him and for all the justices to see. david: do the justices socialize with each other, or not so much? justice kennedy: not so much because of workload. and, we are careful. if we see each other at a social event or dinner, it's not really polite to the other people for us to go off in a corner and talk about collateral, or stop work, or something. [laughter] justice kennedy: so if we see each other, we try. but we have little dinners together and lunches together. we have lunch together all during the time we are sitting. david: one of your famous 5-4 decisions was citizens united. justice kennedy: it's true that the problem is money in politics. i think we have to address it in some other way. the voters are the ones that if they see money coming in from a wrong source, they should be disclosing it. they can vote against the candidate if they don't like it. ♪ ♪ david: in yo

joining is jackie breyer, from toy insider. much for being here. >> thanks for having me. >> i was just saying it's so much harder to pick toys now that i don't have a national toy store like toys "r" us that i can hang out in. i need somebody to curate this stuff for me so gross stuff is big, it's big in my house. >> kids love to talk about bodily functions, fart and smells players have to sniff the cards -- >> i was trying to smell one. >> these are not the gross ones, don't worry. >> yeah. >> peel it open. then you have to take a whiff and guess what it smells like. >> feet. that's - >> that's crayons. >> that's not crayons. >> no? >> you smell. >> it's a tough one. but then the person who guesses the most correctly gets to pick any player of their choice to smell one of the stinky, awful cards. don't even open it up. >> diaper blowout. ugh. here's another one, smothered in b.o. that is horrible >> imagine it was opened we don't want to go there. >> the next one is collectibles. radical reveals. so toy companies are taking p

i might see justice breyer and say i'm going to make a suggestion about part three of the opinion. it seems to me you could not emphasize this part so much. then i'd write a memo for him for all the justices to see. david: do the justices socialize with each other, or not so much? justice kennedy: not so much because of workload. but we're careful. if we see each other at a social event or dinner, it's not really polite to the other people for us to go off in a corner and talk about collateral stops or something. [laughter] justice kennedy: so if we see each other, we try -- but, we have dinners together and lunches together. we have lunch together when we are sitting. david: one of your famous 5-4 decisions was citizens united. justice kennedy: it's true there's a problem of money in politics. i think we have to address it in some other way. the voters are the ones that if they see money coming in from a wrong source, they should be disclosing it. they can vote against the candidate if they don't like it. ♪ david: in your term on the court, you wrote over 300 majority opinions, bu

acquire an eighty percent share of the new joint venture for four point two billion dollars and then breyer the rest the two companies hope their strategic partnership will help accelerate growth on the global market embraer is forecasting a sharp rise in demand for regional jets of up to one hundred fifty seats in the next two decades especially in china it has been promoting its new easy to single jet. the two plane makers have also set up a separate joint venture to produce emperor's new military transport plane the k.c. three ninety. both deals are still subject to approval by brazil's government shareholders and regulatory authorities. boeing's collaboration with embraer is also a response to the takeover of production of bombarding a c. series for regional jets by rival airbus earlier this year i and a reminder of the top stories we're following for you. it's been another night of the anti-government protests in hungary estimate on some big solvents rightwing governments grow. calling for controversial labor laws to be dropped and they want an independent judiciary and state media. th

the court can put into it. >> the question that underlines justice breyer's question about civil rights is something along the lines of, you know, that's consistent with our structure of government. we have dual sovereigns. that means dual regulation and dual regulation often means dual punishment. it were to adopt the rule that you suggest, it might very well be that either the federal government would have to subordinate its interests to the states or that the states would have to subordinate their interests to the federal government. one of the things about our constitutional structure which makes it unusual is that both sovereigns are understood to have significant interests that they have the capacity to pursue. >> but whether they have the concurrent jurisdiction over something that is the same offense, that is illegitimate for reasons that were understood at the framing. take the case of furlong. that's a case where multiple sovereigns have concurrent jurisdiction over robbery at sea, , and it was well understod that a prosecution by one would bar a prosecution by another. >> i r

among them was justice breyer. i had him come because he was the supreme court justice and he is the only justice who had worked on the hill. get worked for senator kennedy. come andad someone talk to us -- i had read a book called "getting to yes." i was intrigued by the idea that you could get to yes that i had someone come down to talk about that book. and the third speaker was someone who was talking about how to negotiate. witht off to a good start the bipartisan retreat and then john and i had already agreed we would not take each other's name in vain or even mention it at all. i think if we did that today we would get more done because it would not become so personal. and we would find areas where believe it or not, you might be able to agree upon and the common ground that no one thinks exists might be there. the other thing is that is an untold story. beneath the by part -- beneath the partisanship, there is a lot of bipartisan friendships. you get on an elevator and there is a good deal of camaraderie. an

months after it was received. 94% of republicans voted for ruth bader ginsburg. 74% voted for stephen breyer. then harry reid intruded into the process and we had 50% of democrats vote for roberts and 50% vote for alito. oh, fine. my point is this. both parties are now at each other's throats. the republicans better not aid the procedures of the democrats because it is our country that is being trashed by this. i do not care if you are republican or democrat. this process stinks. brett kavanaugh, whom we all know, brilliant, great integrity and he chose a life of public service rather than to cash in at some big law firm. how many people will say yes, i will subject myself to this kind of abuse. undergone seven fbi investigations and not a single hint of this kind of crop. if anybody thinks that the things that we have on the table now are the only three by the end of the next week when the fbi investigation is over, you're kidding yourself. more trash will be coming out of the ether. >> they call your high school friends. they call the friends of the friends of the friends. >> i think it is

, birth quoin hc b driven by retail it means that in bull are markets we go a little too high and breyerear market taos loso ignore the price we started to move to scale bitcoin where you ca extremely cheaply. and we've seen endowments like yale, harvard, ich m.i.t. move into the says. we have seen qualified custodians move into the space and lastly, i think probably the most encouraging thing is the quality of the talent that we're seeing this has captured the imagination and a lot of best and brightest are saying i want to work on bitcoin >> a lot of people got burned on this and you said the trade was driven largely by retail investors. do need tyou think we've seen tw for bitcoin going forward? do you think this -- we'll look back and say that was the low, the buying opportunity >> i think takit is a great buyg opportunity right now. could we go absolutely absolutely i think when we look back 24 months from now even 12 months from now, we will say why didn't i buy then >> i hope so i hone it is not why did i buy then as we are here sit being a year later spencer, always great to spea

thinking, "in hoone can tell i'm holding a pizza roll in my mouth." [ laughter and applause ] justice breyer, "i h remember whe used to paint these pictures." [ laughter and applause ] justice kavanaugh is thinking, "i can't wait to throw back a a coup this."d lights after laughter and applause ] and finally ruth bader ginsbrug is thinking, "i too cannot wait to throw back a couple of bud lights after this." [ cheers and applause ] at least they're getting along. at least they're getting along. guys, we have a great show for you tonight. it's fantastic. >> tiq: oh, we sure do. [ light laughter ] and i can't wait to do my new segment, tariq's nutcracker nook. [ laughter ] >> jimmy: i'm so sorry.ri actually, we had to cut your nutcracker nook bit tonight. i'm so sorry no ont told you abis. >> tariq: i see. i guess i'll -- i'll show everyone my collection of beintiful hand d nutcrackers some other time. ♪ >> jimmy: come on, tariq. [ audience aws ] don't be like that. no, it's just this once. m sorry no one told you. i just -- >> tariq: it's fine. [ light laughter ] ♪ [ audience aws ] ♪ i did my

casey his leg, alice shapiro, terry shulman, keane and mario, charles breyer, sandra holliday. >> thank you very much. hello commissioners. my name is vince, it is very good to be back here. as many of you know, i used to be your lawyer, and as your former lawyer, i know that sometimes it's fairly difficult to get things done quickly, but that is why it is so amazing that goldstein was able to convert the theater so quickly and so well. i do want to say, it is easy -- people often say that sidney goldstein did it single-handedly is not quite true. the district's former chief facility's officer is in the audience. and david played a significant role as well. sidney was a force of major -- force of nature. she has been a friend of mine for 20 years. i was happy to help assist in moving this project forward. we have a number of people who are here to speak tonight. we have chosen not to inflict upon you every member of the community who supports the renaming effort to, but a few members of the arts community are here to speak. there was also a letter that i read into the record at the comm

i think what justice breyer was suggesting is as long as it is not that vertical supply chain with a person is not buying from the monopolist himself, hear the person is transacting with the monopolist. that is what separates this case from illinois brick and makes it entirely different, notwithstanding that there is some kind of pastor mechanism involved. >> i encourage you that the key is deciding what illinois brick was about. was it simply a formalistic case about fertile -- about vertical chains or was it about pass-through? a case about with a pass on defense and about the and the potential complication of antitrust litigations. the framing of the question in illinois brick i this court, which says having already found that we will not allow a pass on defense, we are now confronted with the question to allow a pass on to be used authentically, it was 100% about pass on. the vertical chain was the factual setting of the case and respondent's arguments would have this court believe that the factual setting is the substance of the court. -- of the courts reasoning. >> can i ask yo

. >> i am ping-pong in you but, i'd like to return to justice breyer's question about the impact this might have on civil rights organizations and others for starting the considerations, are we upsetting the expectations currently? >> i don't think it would have an impact on civil rights litigation . >> i'd like you to develop that further . >> i mentioned that the primary tools, the conspiracy to deprive someone of their constitutional right, those are not going to be the same offenses now, . >> what is actually bothering me is, yes i know you are convinced on the history and i also know but, this court, several times has looked at the history and said it's inconclusive but, now we have a rule it's been there a long, long time. if we are -- is this a basis for going back, the same question, but i haven't heard the answer >> to responses and if i could finish on the civil rights issue, i want to add that the federal government can take control and all manner of ways and in this case they can take custody of someone. if congress -- if the states were becoming uncooperative in the area

judge breyer said in his 21 years this will be the, quote, most dramatic sentence in terms of what was done, what was said and what the sentence could be. in san francisco, melanie woodrow, "abc 7 news". >> okay, melanie. thanks very much. >>> moving on now, big waves are crashing on to bay area beaches. a dangerous high-surf warning remains in effect for the coastline. it is prompting a rare public alert to stay off the beach and stay away from the water. "abc 7 news" reporter cornell barnard is live at ocean beach in san francisco with details. cornell. >> reporter: hey, dan. not everybody taking that warning seriously tonight, especially when you got a sign like this one basically screaming for your attention to stay off the beach, warning about high waves and dangerous surf. >> pretty angry looking. >> reporter: big waves were up, creating their own breaking news. near lands end, the rough surf crashing head on into seal rock, almost swallowing it up. >> pretty rough and wild i would say. >> reporter: further south, more drama at ocean beach where the show was just getting started.

and in one last gesture of ted kennedy who had no reason he wanted steve breyer appointed to a vacancy in the first circuit i went to see carter knowing he wouldn't do it he said steve is first rate it is a tribute to the judiciary and that's what got them on the first circuit and then ultimately the supreme court. my book is not just about policy but people i have very interesting profiles i mentioned only two miss lillian was his inspiration who became a registered nurse tended to blacks and white patients in the rural south when it was highly unpopular and entered the peace corps and as a great defender of her son a new york reporter quizzed her on the central thesis of the campaign and she said certainly you know, that your son must have lied and she said you are right he told white lies all the time. the reporter said what do you mean by a white lie she said remember how we want to have you here? that was a white lie so i saw rosalynn carter going from a shy campaigner that could barely speak on the stump to an accomplished first lady and the powerful chairman of the committee son

and on the court most behaves, stephen breyer, considered one of the -- haig and roberts. more acts of congress than any others. alayna kagan recently told the students in a tied court that she would expect as reported to me, they would expect more minimalism, more gradualism, more restrained in the way the court behaves in spring of 2016 and later 2016-17 where there were eight justices. >> that is why people are seriously talking about the value of an even-numbered court. if madison were to come down here, you want them to compromise, and institutional mechanisms that will force them to compromise. >> the idea that the party in power, trump says we have to hold the supreme court as if it is just a superlegislature. the idea of a party in power but blocked garlands, that is no ram riding brett kavanaugh through the confirmation, the idea that that party whatever agree to disarm and endorse is nonsense. and i think both sides are hypocrites. if hillary clinton was president and you reverse the chess players the democrats would never agree. we haven't had control of the cou

the two justices, kennedy and breyer, go to the hearing for the annual budget in the congress and make the case presenting the budget for the entire judiciary. that seems to be entirely appropriate and they are subject to questioning about the administrative matter if nothing else. it is easy to see as opportunistic. i can't interfere with congress or alter their deliberations and in article 3, the judiciary, looks at article 3 which is very brief and can do it. >> at least theoretical justification for it would be the madisonian one. 's vision of the president, deriving power from the constitution about the people constrains the president to engage in popular leadership because the fear is that will make the president a demagogue will encourage mob rule and the president's role is to encourage thoughtful deliberations, the president should do exactly what taft did which is issue speeches like judicial opinions and taft's speeches are incredibly detailed and long. he will give budget numbers and figures explaining thoughtfully his positions for any citizen who wants to read them. 's ai

extravagant claim, 9-0, with two of president clinton's own appointees, ruth ginsburg and stephen breyerg, that there was no ground whatsoever for a president to say, i'm immune. greta: that is civil. mr. starr: i know. thank you. so i believe it follows that he, as someone who's not above the law, the opinion says mr. president, you are just like the rest of us. we respect you, and obviously judges, as jonathan just said, will take all this into account. coming to your point you are pressing, greta, rightly so, is let's assume you can be indicted, the two opinions concluding to the contrary that the president cannot be indicted -- those do govern, unless changed, robert mueller. so the president cannot be indicted under justice department learning and teaching. greta: if they wanted to change that, who changes that? mr. starr: the attorney general could write now say, i disagree with the opinions. he would hopefully write it up so it is a recent decision. prof. turley: i am not a big fan of the clinton era olc memo, which i think is dreadful. the nixon opinion is more substantive and in

second, from the justice breyer's recent article titled "america's courts can't ignore the world." "when it comes to matters of law, the best way to preserve the american values may well be to take account of what happens abroad. thank you so much for your patience. [ applause ] >> thank you, judge. >> thank you, judge. i think we have questions now for the judge or for any of the three panelists and collect them. i had one just a -- something you said toward the end. looking back, are there specific things you think you and your colleagues and the judiciary might have done in 2013-2014, that would have forestalled some of the changes that have happened? are there actions you might have taken as a judiciary against the government, the trends in the government in turkey? looking back. >> yeah. i think so. i mean, i think some investigations and some court decisions may make the government to start to change the law, to make the legal and constitutional l amendments. >> had that happen back then, you're saying? >> yeah. if i understood the question correctly. >> okay. ed? >> got a fe

roberts did server in that ruling -- here's the five, roberts joined ginsburg, sotomayor, kagan and breyerruling was that you could sever that all the states could have the expansion of medicaid. you could make that optional and the law still stands. >> of course the law is severable. jonathan adler who brought some of the early cases against the aca made a statement that came out yesterday after this ruling, which basically pointed out the absurdity of the ruling and said this case should not make it anywhere near the supreme court. if it can, he suggested it won't get to two supreme court votes. we have to deal with all of this uncertainty. i've heard this from hundreds of people. hundreds of people. >> yeah. >> now all of a sudden are needlessly uncertain. and this was a big factor in the midterm elections in 2018. >> totally. >> the trump administration could have put it behind them. what just happened with trump holy endorsing it with his tweet, he elevated healthcare again to be an issue in 2020 this is what the republican party 70 times has voted for. not repeal and replace or repea