breyer. he was born in san francisco and received an ab from stanford, a ba from modlin college, oxford, and an llb from harvard. he served as a law clerk to justice arthur goldberg of the supreme court of the united states during the october 1964 term. after, justice breyer pursued a career of teaching and public service. president jimmy carter appointed him to the court of appeals for the first circuit in 1980. in 1994, president clinton nominated justice breyer as an associate justice of the supreme court to succeed harry blackmun. he took his seat august 3, 1994. since joining the court, justice breyer has completed no less than a number of books including interpretingty: ,"r democratic constitution "making our democracy work: a judge's view," and most recently "the court in the world, american law in the new global reality." with thanks and appreciation, i ask you to welcome justice stephen breyer. [applause] jus. breyer: thank you. thank you. very nice. and it is a silverman tradition t

breyer: thank you. very nice. is to introduce the introducer. joan has done a fabulous job and i am glad you are all here. what you do -- i was just wife has written a book. she is a clinical psychologist and worked at dana-farber and wrote a book on what to do if your child is sick and it is helpful to a small group of people. she was talking about it at st. jude's in memphis. i could not resist talking about one of my books. everybody in the room, and there were a lot of people, they agreed the single most valuable thing is exactly what probably everyone in public office and most who aren't, in washington and elsewhere, agree to do, to get the word out to the next generation we have a history, we are a democracy, we have in fact a long history of up and down but basically it is a society today that is democratic but has basic human rights protected not perfectly and is more and more a society that is diverse and treats everyone as part of this group. we are part of that. you are part of the group of people making an effort. the supreme court h

but i recall it justice breyer as a sort of an exception. to that. i recall him coming down to chambers and they would talk. so i recall that, him sort of having, i love what the previous speaker said about justice o'connor, putting a human face on the court. i saw in her relationship with justice breyer, a kind of similar interaction. two people who enjoyed getting together and talking, who know about cases, maybe an entirely different subject. it was good to see their interaction as well. >> is their particular case your member you would like to tell us about working on? >> one i would highlight and springboard off something said in the first panel. i clerked during the 2002 ivan 2000 three term when the affirmative action cases were decided. 2002-2003 term. a distinction was made that i think there was a line in the justices opinion in greater talked about the importance of paths to opportunity, not just being open but appearing open. and i think we heard on the first panel and in some other things how it was, on the one hand the justice always sa

it wasn't just from justice breyer. it was from my clerkship with grido calabrise as well. the mentorship relationship you form with justices and judges are perhaps the most important thing. doesn't matter if it's a justice, judge, law firm partner, there's insight, true wisdom that comes from them. from judge calabrese, i remembered a case early on, there's a lawyer from the justice department and they were before the court and it was an immigration case. the immigrant was prose. and the question that judge calibrese asked, grido asked, counselor, we understand the justice department's position. isn't there another way that this asylum seeker could have gotten asylum? isn't there another parallel provision? the lawyer said, yes, your honor, in fact, i advised my opponent he could, in fact, apply if this doesn't prevail and perhaps obtain relief. the judge interrupted and said, can you sit down for just a moment, can you ask the per se litigant to come back up? he said, yes, you should continue with your appeal, if i don't get this, there may be a parallel route. he called

i think the words of justice breyer rhapsody critically important as well as words of justice sotomayor who indicated sonia sotomayor, who indicated it was president trump who said he would protect daca recipients. he would protect the recipients, and he is fail to do so. as a result of the statements coming out of the mouth of the president of these united states, this court should understand this as a nation of immigrants and that all of us should uphold the police and the values of our country, that is immigrants are here to stay and we should protect against the 700,000 individuals who came here for opportunity or education and for freedom. and so in the great state of new york, it's an honor and post to be a represent the coalition, 70 minutes of the attorney generals association who filed on behalf of these individuals. and i say -- [speaking spanish] >> gracias. my name is -- i am 31. i am a plaintiff. i am a mom and i am a daca recipient. i am honored to stand it today in front of you continue our fight to defend daca. i i am from the suburbs of long island, new york, which has

[inaudible] >> that's right. >> even justice breyer said and if you can look at the cameras. bit.move over a little what's the point? if we send this back -- and all they have to do is sort of jump some sort of rhetorical point?what's the secretary napolitano: well, i think it's more than rhetorical hoops. hey have to really do an analysis of the benefits that which are es, ubstantial and have been evidenced by and in all of the amicus briefs that have been filed. i would hope that if we did a real analysis of daca, this is a recognize valid exercise of the executive's authority. >> i represent 500,000 undocumented immigrant youth as redream.united i am undocumented, unafraid and stay.o i stand here in the courtroom being really clear, the lives of more than 700,000 undocumented stake.are at and i'm optimistic that the supreme court justices will file the side of justice. but whether or not they do that, undocumentedclear, organizing and young people across the country will continue to fight. we will continue to win. continue to establish the rule of law because at this undoc

justice breyer just missed the record by about two weeks, i think. justice breyer was the junior justice for 11 years. --t is a junior justice >> justice? it is a hierarchical institution. in some ways, not in other ways. we all have the same vote. the chief justices vote doesn't count for any more than my vote. ways, it's a hierarchical institution. particularjustice in -- i don't know how to say this. gets hazed by everybody else. there are three things the junior justice does. one of them is semi serious. we gonior justice, when into the copper trim and discuss cases, it is just the nine of us. somebody hasuss -- to take good notes. when we come out of the room, we will be able to tell everybody else what it is we have decided and they can issue the appropriate orders and things like that. that's the junior justice job. that is sort of fun, actually. >> i do that in faculty meetings. >> it's a responsibility. when everybody else leaves the conference room and goes to eat lunch, the junior justice stays behind. all the ministry of staff of the cour

and they could not have been happy to have heard that challenge coming from justice breyer.e lib -- most liberal justices on the court. fascinating to see this particularly as we look at these new reports from your department on. and the president looking at these reports and talking who are the so-called dreamer. i would like to put that, if we have, that full screen. to show the number. this that these are daca recipients with arrest records out of more than 700,000. talking about 53 thousand of them. with arrest records. that is stunning stuff. your thoughts about what we're learning about who these folks are. and this idea that they are all you know, minors with you know, simple dreams and innocent as driven snow. >> well, like so many other groups of people, you take anyone this large, this is tens of thousands of people committing crimes that any american would think are serious. that is a factor here. i get asked, what happens if you all win, what happens to the daca recipients? what happens is that trump administration gets to actually wind down the program, those wh

doctor breyer in my humble opinion is a true public-health hero. a researcher and practitioner who is committed to solution to the world's most challenging public health problems. he is a longtime hiv-aids researcher with extensive experience with collaborative research and training programs and hiv-aids with key populations. he is also well-known for his overriding commitment to securing health and human rights for all. as director of the john hopkins, the program, doctor breyer provided fellowships for 1400 international scholars in hiv aids prevention research and treatment. chris is one of the bloomberg remarkable graduates in his success in research and practice with the continuing ongoing commitment from the policy leaders at the cdc and nih make for a powerful combination and have helped bring us to where we are today and on the cusp of ending hiv epidemic in america and across the world. today's event is cosponsored by the center for age research and it is a collaboration across the three john hopkin schools in the schools of public health,

doctor breyer in my humble opinion is a true public-health hero. a researcher and practitioner who is committed to solution to the world's most challenging public health problems. he is a longtime hiv-aids researcher with extensive experience with collaborative research and training programs and hiv-aids with key populations. he is also well-known for his overriding commitment to securing health and human rights for all. as director of the john hopkins, the program, doctor breyer provided fellowships for 1400 international scholars in hiv aids prevention research and treatment. chris is one of the bloomberg remarkable graduates in his success in research and practice with the continuing ongoing commitment from the policy leaders at the cdc and nih make for a powerful combination and have helped bring us to where we are today and on the cusp of ending hiv epidemic in america and across the world. today's event is cosponsored by the center for age research and it is a collaboration across the three john hopkin schools in the schools of public health,

(laughs) >> that's breyer but it is now 31 in your situation. are we have a point where there's an attack in terms of the information process and what kind of damage does that do? >> you think way back in 1980. when i got my first good job and was appointed to the court of appeals. the chair of the judiciary committee and the ranking minority member -- those to work together when or well qualified judges to the federal court. here is the same thing in 1993 when i was nominated and then senator joe biden was part of the committee as the ranking minority member on that judiciary committee as a previous supporter. the way they hope i will see again in my lifetime was for people that really care about the economy to say, enough of this dissension we need to do the work. >> we are about done. i don't know whether the justices can do anything or we've spoken about it. is there anything that as citizens we can do to get people to be more decent and civil? >> it's not just that it speaking out publicly about it and if politicians here the outcry they of

and i think the words of justice breyer were critically important and justice sonia sotomayor who indicated that it was president trump who said he would protect daca recipients and he has failed to do so and as a result of those statements coming out of the mouth of the president of these united states, this court should understand this is a nation of immigrants and all of us should uphold the beliefs and values of our country and that is that immigrants are here to stay and we should protect the 700,000 individuals who came here for opportunity, for education and for freedom. so from the great state of new york, it's an honor and privilege to be here and represent the coalition, 17 members of the attorney general's association who filed on behalf of these individuals. >> good afternoon. my name is eliana hernandez. i am 31 years old. i am a plaintiff, i'm a mom and i am a daca recipient. i am honored to stand here in front of you continuing our fight to defend daca. i am from the suburbs of long island, new york, which has been home for the last 17 years. this is our home. daca is a progr

civilians are there even according to the mission law in case of doubt the breyer at the end the opinion with the goal going forward a civilian rather than military so in all cases that it has been no excuse to a building. a fresh powder farm approach a spare allies germany 2nd largest city this week in what's been weeks of demonstrations thousands of farmers on tractors driven to homburg on thursday to vent their anger at the government's new cultural policies traffic was brought to hold as the city played host to a conference of the country's federal and regional environment ministers who discussed restrictions on what you saw. pesticides now many farmers say the new regulations would stifle the sector among the measures they've provoked provoked outcry over a ban on the sun pesticides as well as rules to protect groundwater from nitrates. was with the farmers convoy as it set out for. it is early and the morning that they should be working on their lands but instead of these german farmers have hopped on their tractors and will be rolling into amber to make a big point. as the country

civilians are there even according to the martial law in case of doubt the breyer at the and the opinion with the go go in for a civilian rather than military so in all cases that it has been no excuse to this building. israel is facing the threat of economic to mice studies of current demographic trends continue unchanged so says a think tank it claims is the country's growing ultra-orthodox population which lies at the heart of the problem on middle east correspondent for ports. israel's survival depends on its ability to deal with external threats right wrong a new study by news radio think tanks suggest cities radiators have been barking up the wrong tree when it comes to questions of existential crises one of the biggest problems to face this country in the coming years will come from the country's ultra orthodox community certainly changes the character of the zionist jewish state as we know it. alls or the dogs on the whole are not scientists but they don't serve in the army today 9 percent of israelis are ultra-orthodox in the next quarter of a century that figure will almost qua

civilians are there even according to the martial law in case of doubt there breyer at the end the opinion with the go go in for a civilian rather than military so in all cases that it has been more excuse to a building. far more protests in germany show no signs of relenting the latest event seeing thousands the sending on hamburg to vent their anger at the government's new agricultural policies and traffic was bored to halters the city played host to a conference of the country's federal and regional environmental ministers they discussed among other things imposing restrictions on the use of pesticides and many farmers say those new stricter controls would stifle the sector among the measures that have provoked uproar some pesticides and regulations to protect groundwater from moderates artie's evangelise sepsis was with the farmers convoy as it set out for hamburg. it is early and the morning 'd that they should be working on their lands but instead of these german farmers have hopped on their tractors and will be rolling into amber to make a big point. as the country's regional and en

in the younger folks and they are getting toward the majority but once justice ginsburg or justice breyer they leave the court but then there is a website ready to go that could do live audio. make it happen. >> and the courts have become way too political. in the same rights of the individual. and gerrymandering comes down on the wrong side we should get rid of all of that and they didn't do that either. and with that radical idea to take the selection process men to randomly decide because who better to pick a justice than those that are already in the business with constitutional rights. >> that's not a bad idea. and with that supreme court selection process i definitely think that is it idea. meant to be on or off the bench in 18 years that's enough time but and then to have serious conversation of tenure at the supreme court. and what we are talking about now and 2020 is a little bit more out of the open it's not tied to kavanaugh or scalia about a conversation that is in the mainstream that going on for a long time. and it's a positive for americans to think about. >> and fix the co

it's neck so if you prevail in the case of back, is it enough to see, look we ran the justice breyer pointed out, about two reliance interest, we have read the fifth circuit news opinion in the texas litigation presumably they would cite that as well. would that be enough. >> i say that it would have to begin with the deception and the deficiencies that judge dates are identified which is that the agency has not actually identified with amy particularities the legal ground and that is concerned with and it does - >> we do need more than that. you've got a court of appeals decision affirmed by supreme court. can't you just see, that is the basis on which i am making this decision. >> younger, no. and i say judge bates is exactly right in this, the reason that the explanation requirement is meant to facilitate judicial review and reform the public, and yet they.to the daca case. but there are or five theories of the legalities floating around writing to the notes and comments to the take care clause came claim and we don't know which grounds the agency based its decision on. so that is

. >> please answer justice breyer's question with a very hypothetical satisfied the butt for causation test quick. t >>>> no. >> do you disagree with the case quick. >> no. that's good. that's a start. [laughter] >> but that is not the position. but it's just plausible that it caused thebl injury. and they are the but/for cause so why would that be exactly the case that survives. >> i hope that it would. >> and then to say look. and then normally how could you? so all you have to do is allege that he thinks this racial part was motivating and now they call that motivating. but he has to c believe that and then to go on what is difficult. >> the answer is this complaint goes forward either way. [laughter] >> you just want to win. either way. [laughter] but the motivating factor is sufficient. >> wouldn't it be unusual for us to say the test for the stage is a motivating factor but at the trial or summary judgment is the but/for cause. >> know your honor. >> because this is so many context with the but/for cause. >> no. >> price waterhouse is a motivating factor throughout. it is the but

get a second term of packing the courts and i have not even talked about the supreme court stephen breyer is over 80, ginsburg is 86. if trump gets another appointment on the supreme court, we are done. what about picking someone because of their policies? is feelingow there like, there are people who are better at being trump versus people who are more progressive or more -- i think the best way to beat donald trump is to inspire the base. those are one in the same. if you want to tell me that their candidates who are more appealing to moderates and that,ndents, i understand but you have to show me that those candidates who were appealing to moderates and independents can get the base motivated to walk through walls like obama had them motivated to walk through walls. people forget. when we talk about, for instance, white males in this country, the democrat has not won the white male vote in america since the 1964 per one happened to 19 624? the civil rights act. that's to me carter did not win white men michael dukakis did not win white men. whoever is next time will not win white men.

before joining yale professor clerked for justice breyer when he was a judge in us court of appeals first circuit. it with the outstanding scholar award. and as our very own before the speakers begin their conversation please make sure anything that makes a sound is turned off please join me to welcome our speakers this evening. [applause] sumac it i admired him the first time i saw him my first week at yale college i just turned 18 and i have been following his words ever since. so as you have heard this book give me liberty is a history of america is exceptional idea and dedicated to the american people. it has your trademark and incisive newness but it is also a big book because most history books don't try to take on such a broad sweep of time. talk about choices of basic framing of the project. >> i am making an argument in this book to say the characteristic of american nationalism is our concern with liberty that makes us not canada or mexico or whatever and this is been going on a long time and has gone on before we were a country in our colonial past so i take 13 episodes each of

history tv", university of arkansas law professor mark killing back is introduced to us by stephen breyer discusses the dissenting opinions delivered in cases between 1810 and 1927. >> good evening.

let's check in with ivanka brey came breyer wra to get more on that on what people can expect. >> yeahstorm. it will head to the northeast but first it will dump snow across minnesota and northern wisconsin. here it will be the blowing snow because the winds are going to be 40, 50, 60 miles per hour. and we'll forward the clock to sunday morning as everything winds up. now we are talking heavy rain along the coast, windy conditions as well. we'll have a period of a wintry mix that will be freezing rain and so we are talking icing and also sleet. and on the northern colder side of the storm, definitely talking snow and it could be significant. this is going to be tricky here for massachusetts as it always is. north and west of boston, that is where the totals will be heftier. but even into boston prop, we could be looking at anywhere from 4 to 6 inches of snowfall. and then of course all this snow all the wind, and the rain, and everything else, we are going future red across the northeast. if you do nopt wat want to trav your airline may be taking care of you as we have waivers now wit

breyer and kagan have a more accommodating view. i will just sketch very quickly. it is the latest in this long line of cases involving essentially school vouchers is the broad rubric for these cases. this one is structured more as a tax credit. i don't think that really matters at the end of the day. the question is essentially when a state sets up a program to allow this, are they actually forced by the federal constitution to include religious schools in the program, or can they limit it by their own state constitution to just private, nonsectarian schools and exclude religious private schools? does that constitute discrimination on the basis of religion? this case illustrates how the court has moved over time. cases, theyon said you could not have a state voucher program at all. it is too much of a link the between religion and the state. the supreme court about 15 years ago overruled that and said canes, if they want to, include religious schools within their voucher program and not violate the federal statute laws. if they are going to have a voucher program

ideas university group were for joining the faculty professor amar clerked for associate justice breyer when he was on the court of appeals for the first sector. in 2017 professor amar received the american bar foundation annual outstanding scholar award as well as the howard r. lamar award. he's the author of numerous books including his most recent the constitution today. we are grateful professor omar is our very own as we said a trustee at new york historical. the four speakers began our conversation i'd like to ask that you make sure anything makes it sound like a cell phone is switched off and now please join me in welcoming -- welcoming our speakers. [applause] see a good evening. it's a great honor and personal pleasure to be here with one of my heroes rick brookhiser. i've admireded him ever since te first time i saw him. he was my very first week at gale college and i had just turned 18 that week. i listened to rick and i've been following his words ever since. his latest is as you have heard this book "give me liberty" a history of america's exceptional idea and it's dedicate

my teachers and breyer love ly ecoland my boys have 3 boys and people 3 going to the prominent good guys posted on facebook saying to otheronvertibles were also stolen from their car show. >>over the weekend. they include th 1960 black porsch in the 1967 white mustang is hoping that somebody doesn't see it as just a car to steal and go sell or cpped-up imparted out or whatever they do i hope. >>somebo who knows where the car as you know is that person will. >>help us out. >>now in addition to wson's $2500 offer a word. good guys is also offering $1000 for leads to the return of d that these cars, they both ask that you contact the easanton police if you have any information paulson says that this is also a wake-up call there needs to be increased security at thes type of car shows and everyone needs to stay vigilant. reportg live in lafayette hillary sackey kron 4 news right taylor. >>i never 4 zone forecast as we take a live look from our sutro camera over san francisco on this rm night. >>warm here in the city. in santa clara. lawrence karnow with us now. >>and uh it's been it's been f

justices breyer and kagan have a more accommodating view toward religion with respect to the case -- i will let you take that. >> very quickly, it is the latest in a long line of cases involving school vouchers, a broad rubric for these cases. it involves the structure of more of a tax credit. it doesn't matter at the end of the day. the state sets up a program to allow this, are they forced by the federal constitution to include religious schools in the program or can they limit it by the terms of their own state constitution to just private nonsectarian schools and exclude the religious private schools or does that constitute discrimination on the basis of religion. this illustrates the fact that this is appear in this posture, illustrates how the court has moved over time. with a lemon cases, and in the intervening decisions of parents, and and states, if they want to can include religious schools within their voucher program and not violate the clause. we have moved all the way to asking the question if they have a voucher program at all do they have to include the religious scho

she and justice breyer point out there are lots of reliance interests.ot just for the dreamers, but businesses w filed amicus briefs saying employees are dreamers. medical institutions, health organizations, educational institutions, all have shown how they relied on dreamers in different respect. justice sotomayord s that reliance is a key aspect of determining whether the administration gave adequate reasons for deciding to end the program. did they consider reliance in depth as they should? to feel that no, the administration didn't give aduate consideration of that. the government says in opposition, we did and here are two memos that showed reliance s considered along with other considerations. that is a clear divide here. how it will figure into the decision, we will have to wait and see. amna: there is another moment where justice gorsuch seemed to say the legal battle is complicating your titential polil solution. here is what he said,ou "it leave this class of persons under a continuingf cloud uncertainty and continued stasis in the political br

before joining the faculty, professor amar clerked for judge, now associate justice stephen breyer when he was a judge on the u.s. court of appeals for the first circuit. in 2017 professor amar received the american bar foundation's annual outstanding scholar award or as well as the howard r. lee mar award. he's -- lemar award. we're grateful that professor amar is our very own, as i said, trustee at new york historical. as always, before our speakers begin their conversation, i'd like to ask that you make sure that anything that makes a sound like a seven is switched off -- a cell phone is switched off, and now please join me in welcoming our speakers this evening. [applause] >> good evening. it's a great honor and personal pleasure, a treat to be here with one of my heroes, rick brookhiser. i've admired him ever since the first time i saw him. it was my very first week at yale college. id had just turned -- i had just turned 18 that week and listened to rick hold forth in the yale political union, and i've been following his words ever since. [laughter] and his latest is, as you've he

i think justices breyer and kagan about more accommodating view toward religion with respect with the case of the all that paul or jan take that specifically. >> very quickly, it's the latest in the long line of cases involving school vouchers and the broad rubric for these cases, this one involves more of a tax credit, i don't think that matters at the end of the day. and the question is, essentially when a state sets up a program to allow this, are they actually forced by the federal constitution to include religious schools in the program or can they limited by the terms of their own state constitution to just private non-secretary school districts and limit and exclude the religious private schools or does not constitute discrimination on the basis of religion? all also say, this case illustrates its. and how the court has moved overtime. because with the lemon cases, there were lower court cases that said you cannot have a voucher program at all because the indirect provision of state aid through the intervening decision of parents is still too much of a link between religion and

and she and even justice breyer pointed out there are lots of reliance interests, not just the dreamers' reline, but theresa said, businesses have filed am my cuss briefs saying tir employees are dreamers, medical institutions, health organization, educational they have relied dreamers inhow different respects. justice sotomayor was sying that reliance is a key aspect of determining whether the administration gave adequate reasons for deciding to end the program. did they consider rliance in-depth as they should? the liberals on the court, they seem to feethat, no, adequate consideration of that. the government says in opsition, we did and here are two memos that show that with other considerations.o that is a clear divide here and how it will figure into an ultimate decision will have to >> woodruff: theresa, another moment in which justice gorsuch said this continuing legal battle, the fact this is ill a question before the courts, isti compli a political solution. he said, "it would leave this class of persons into aud continuing cf uncertainty baseline rule or decision from this cou

at one point, justice breyer listed out hundreds and thousands of people that had cemented amicus support, just highlighted the human interest at stake here. amy: can you talk about sonia sotomayor's comments? >> she had a powerful line of questioning to the government, really questioning what they had thought about and considered before deciding to terminate daca and disrupt kamaishi put it, to destroy the lives of close to 800,000 people with daca. she highlighted the lack of reasoning and the lack of consideration for what this would mean. there?s justice ginsburg >> yes. amy: was she active in the questioning? >> i think she had the first question. amy: explain the origins of dhaka and on what grounds the trump administration is attempting to end this program that protects people like martin? the government in 2017 came out with a memo terminating daca and provided really no reasoning. they do provide there was this other lawsuit -- sorry, court decision about a completely different program and on that basis, our hands are tied and we must into the program. what is at stake is account

. >> i agree completely justice breyer. i think abbasi -- >> all i want to hear is your argument. i don't want to repeat myself but on the assumptions i gave what is your argument that this is not an extension, that this is not special, that this is not an unusual thing . >> our argument is first that this court has long recognized that claims against individual law-enforcement officers were excessive force are what the fifth circuit called classic bivens claims.there's an opinion by judge kavanaugh relating to the core of bivens that an individual law-enforcement officer was acting altra viris but the government and respondent have identified three special factors that they are the council applications at first they say it's because the state case implicates foreign relations as we suggested our briefs we don't believe that follows from the fact that sergio hernandez was standing on the mexican side of the border and the government argues extra toward territoriality and i hope i've played in response to justice kavanaugh's question, we don't think extraterritoriality is implicate

justice breyer the same. this is a relatively new phenomenon. it is now thoroughly bipartisan, you know, in a bad way. ravel begins for the most part did not vote for me or justice sotomayor and or for judge garland. democrats did not vote for justice alito or justice score such or justice kavanaugh. you know, it's gotten to a bad place and it makes the court seen political and way i do believe the court is political and somehow people have to get back to where they were. >> i want to -- most people here are undergraduates and i'd like to -- they're probably not familiar with the process by which cases are decided. i would like to ask you to step-by-step go through it a bit. the first step or case is the supreme court has to decide to take it. it gets 6000 positions -- petitions and we choose roughly about 80 a year. my first question is do you read all 6000 of those petitions? >> well, not really. no. [crowd boos] do the clerks read it for you? or do the clerks from the different chambers share and summarize and get to read the same summaries?

98 vote when justice ginsburg got confirmed by similar margin which i think was 97 - 1 and justice breyer the same, a relatively new phenomenon and it is now thoroughly bipartisan in the bad way, republicans for the most part did not vote for me, democrat or for judge garland. democrats did not vote for justice alito or gore church or justice kavanaugh and it has gone to a bad place. it puts -- and makes the court seen political in a way i don't believe the court is political and somehow people have to get back to where they were. >> most people here are undergraduates and they're probably not all familiar with the process so i like to ask you step-by-step to go through. the first step for a case is a supreme court has to decide to take it, they get 6000 petitions and choose roughly about 88 year, my first question, do you read all 6000 of those petitions. >> not really. do the clerks read it for you or do the clerks from the different chamber share it and summarize it in you all get to read the same summaries as a whole works? >> most of the judges, seven of us are in the pool in what ha