paul: if chief justice roberts is in the minority breyer is in the majority breyer gets to sign himselfrect? >> right. for all, there is no love lost between justices the political actions that support them but even breyer is a pragmatist, you have to give him back. look at these cases especially on religious liberty, there's one about lutheran preschool that wanted a safe playground grant, there's one about a catholic school soon after firing one of the elementary school teachers, they were both seven -- two cases, even breyer was in the seventh with conservatives in the majority, not in the tube so if he goes, some of these cases will miss him. paul: well, on that, i wonder if breyer also thinks if i stay in the court, i can influence the majority and maybe rejoin some of these opinions and make them more opinions, maybe some of the conservative justice want to where's if we go off into another direction, full opposition and so many of these cases will end up with six -- three rulings more aggressively conservative than they would be otherwise, what you think of that? >> i think there

this decision shows justice breyer, this is a classic justice breyer opinion. it is hard to imagine any member of the current court had written this opinion in this way, the ability to identify factors that are relevant and the countervailing factors, resolve them in this case without determining all future cases which of the factors as necessary or sufficient is a classic common-law judgment and classic justice breyer and almost in varying degrees almost every member of the current court is less comfortable, and that kind of judicial writing and whatever justice breyer decides to retire, this is something the chief will miss, part of the reason justice breyer ended up in this case, and the justice breyer delivered the kind of opinion. this case does _, they disagree on a lot of things with a agree free-speech is very important and should be robustly protected. this is not an 8-1 decision and the fact that only one justice said it, this is a pro free speech court. >> it is marshall, m a r s h a l l. imagine if they are watching this zoom from outer space they h

i think it shows justice breyer in his full form. this is a classic justice breyer opinion. it is hard to imagine that any other member of the current court would have this opinion in this way. the ability to identify the factors that are relevant, identify the countervailing factors, to resolve them in this case without determining for all future cases which of the three factors we identify as relevant is necessary or sufficient. it is classic common-law judging and classic justice breyer. i think every other member of the current court is less comfortable with that kind of reasoning and that kind of judicial writing. whatever justice breyer decides -- whenever justice breyer decides to retire, i think it is something they will mess. part of the reason justice breyer ended up with this case is they thought the chief needed that kind of opinion and justice breyer was the person to deliver that kind of opinion. this case does underscore that if justices disagree on a lot of things, they all agree that free speech is very important and should be robustly protected. this was no

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justice steven breyer setting the record straight.he says about the question of his possible retirement next. pool floaties are like whooping cough. amusement parks are like whooping cough. even ice cream is like whooping cough, it's not just for kids. whooping cough is highly contagious for people of any age. and it can cause violent uncontrollable coughing fits. sometimes followed by vomiting and exhaustion. ask your doctor or pharmacist about whooping cough vaccination because whooping cough isn't just for kids. (vo) i am living with cll and i am living longer. thanks to imbruvica. imbruvica is a prescription medicine for adults with cll or chronic lymphocytic leukemia. it will not work for everyone. imbruvica is the #1 prescribed oral therapy for cll, and it's proven to help people live longer. imbruvica is not chemotherapy. imbruvica can cause serious side effects, which may lead to death. bleeding problems are common and may increase with blood thinners. serious infections with symptoms like fevers, chills, weakness or confusion

we'll see what happens with steven breyer. >> does breyer know this, joan? this. he obviously was at the side of ruth bader ginsburg as she kept rejecting pleas to step down. and she almost made it. she died, obviously, in september, and her replacement came on just days before president trump lost the election. but i think in his mind he probably thinks he has until next year because on paper, the senate should stay democratic majority until at least the midterms. so he would have that. and i know lots of liberals think that's a risk, but, heck, this is a lifetime appointment. as i mentioned earlier, he was a junior justice for 11 years, nearly a record. then he spent the last ten years, number two to ruth bader ginsburg. this is the experience he has being the senior liberal, having more influence in the justices' private sessions. he obviously wants to seize that. maybe he'll seize it one more year which is making lots of people nervous. but i think he'll at least get the next year out and then we'll probably go through a version of what we've gone throug

and justice stephen breyer witnessed all that. he -- i don't -- he has not said a word about what his plan is. but every signal on scene -- and you know how i stay very close to that institution -- is that he's not going to go this weekend. he probably won't go this month. the pressure is going to get louder. so, he'll probably keep thinking about it through summer. but every indication is that he would stay another term. now, he knows that it would be a risk for the senate, especially after the november 2022 elections, probably. again, this is my speculation, that if he doesn't go now he would go next spring, announce next spring and leave at the end of next june. but so many democrats feel that's risky. and they also don't want mitch mcconnell to use the potential vacancy as the campaign issue, not for a presidential election cycle this time as he did in 2016, but for the midterm elections in 2022. >> quick final question. does the decision like yesterday's 6-3 voting rights case, the arizona case, crystallize this, put increase

breyer says she will get vaccinated as soon as possible.ame. with this delta variant everywhere now individuals can get it, they can be issymptomatic or little symptoms at all and they can pass it on like the breyers or kill them. >>> and next bezos and branson, they made history by making it to space, but don't call them astronauts. we'll explain. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ summer is a state of mind, you can visit anytime. savor your summer with lincoln. ♪ all by yourself.♪ - oh. - what? rain. cancel and stay? done. go with us and get millions of felixble booking options. expedia. it matters who you travel with. ♪ ♪ we made usaa insurance for veterans like martin. when a hailstorm hit, he needed his insurance to get it done right, right away. usaa. what you're made of, we're made for. usaa if you have moderate to severe psoriasis, little things can become your big moment. that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to

to his credit, justice breyer is resisting this, maybe they should have listened to what justice breyerink he is writing a book on the perils of politics impacting the judiciary. i don't think he will succumb to the pressure, and the politicians asking him to retire might make him stay there longer. trey: i want to ask about justice neil gorsuch, i have met him only a couple of times, you may have been most popular member of your body when you were there, you have a wonderful guide, yet there is one democrat, still in the senate that votes for neil gorsuch that is joe manchin, what is happening with supreme court nominations do you think in the senate now. >> i think justice gorsuch is a great example, so qualified to serve on the supreme court, a strong justice. and someone who has studied the constitution, so bright, we could only get one democrat to support him, that resulted in to having to change the rules, to make sure that justice gorsuch could get through that is because the democrats could not bring themselves to vote for someone who is qualified. saying is this person bright,

justice breyer says he's not made up his mind.d happen any time. martha? >> interesting. david spunt, thanks. joining me now, clerk to neil gorsuch and president of the article 3 project. joins me now. we know justice breyer in a recent interview just said no, he hasn't made up his mind on this issue. what do you think about this commission and how likely is it that they will put out a recommendation to ad justices to the supreme court? >> this is a political farce, this is president biden trying to appease the extreme left of his party. many people are screaming about packing the supreme court and making ate political issue. we've had nine justices since 1869, more than 150 years after the civil war, fdr tried to pack the court. didn't work. the late justice ruth bader ginsberg made the unusual public denouncement of court packing because she said it would politicize the court. justice breyer said the same thing. it's a terrible idea. this commission should just very quietly throw it away. >> martha: is there any precedent for th

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better starts with breyers. there's an america we build and one we explore.freedom means you don't have to choose just one adventure. you get both. introducing the wildly civilized all-new 3-row jeep grand cherokee l >>> the 1980s were a radical transformation from the 1960s and 1970s. the economy was booming. >> congratulations, sir. >> as the regan era took hold there is rise in conservative values. >> we saw american audiences losing interest in the socially relevant sitcoms, and really the sitcoms started to die away. dramas had really taken over. those soaps were so big. "dynasty, dallas, magnum p.i." you saw the family sitcom strive to find a new identity. >> i can't believe you guys watch this. you look ridiculous. >> "family times" has one of the great premises in sitcom history. >> half a million people trying to stop a senseless war. you find that ridiculous? >> i'm talking about the outfits. >> these two flower children from the '60s grow up and in the '80s find themselves with this young republican son. >> how do i look? >> middle-aged. >> it was

justice breyer is a legend.saying that, you know, right now you don't want the court to go to 7-2 conservative. you know, mitch mcconnell, the former senate majority leader, now the senate minority leader, says that what he has promised us that if the republicans regain the majority, he will not allow a biden nominee to a hearing. well, that's unbelievable. you know, he blocked merrick garland, and obama nominee, for nearly a year and now he is saying he's going to pursue the same strategy, so democrats are in a dither here. like justice breyer, realize the political, polarized reality of the moment. >> mike: charlie, up against the clock, a brief thought on democrats pushing for justice breyer to go? >> yeah, i think i think -- i think juan summed it up perfectly why they're trying to do it but i do think it support to point out that these suppose it on voting in arizona were designed to keep people from voting where they are not registered to vote and a ban on ballot harvesting. how that is a voting restrictio

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he wrote -- this was justice breyer. how did breyer get this opinion? i was shocked. justice breyer focused on one of the three legs of standing, which is called traceability. he did not call on injury of fact, but once you go injury -- he focused on traceability. breyer said even if you assume that injury, that injury is not traceable to anyone, because there is nothing we can do to enjoin the enforcement of the mandate, it is simply a provision that stands by itself, the majority opinion was 15 pages long. the obamacare case was the same length. breyer wrote a surgical slice through the case. it was so thin, it got second votes. prior also rejected state standing, and he is right on this because the mandate is not operated upon the state. they are only tangentially related. but with the senses case that said unit there is a possibility of injury or standing, i do not know how use where the obamacare, they are at odds. every year is in turmoil. we get to the other opinions, justice thomas concurred. i think he was gritting his teeth the same way that sotomayor in the

he wrote -- this was justice breyer. how did breyer get this opinion? i was shocked. justice breyer focused on one of the three legs of standing, which is called traceability. he did not call on injury of fact, but once you go injury -- he focused on traceability. breyer said even if you assume that injury, that injury is not traceable to anyone, because there is nothing we can do to enjoin the enforcement of the mandate, it is simply a provision that stands by itself, the majority opinion was 15 pages long. the obamacare case was the same length. breyer wrote a surgical slice through the case. it was so thin, it got second votes. prior also rejected state standing, and he is right on this because the mandate is not operated upon the state. they are only tangentially related. but with the senses case that said unit there is a possibility of injury or standing, i do not know how use where the obamacare, they are at odds. every year is in turmoil. we get to the other opinions, justice thomas concurred. i think he was gritting his teeth the same way that sotomayor in the

you sat down with breyer in rural new hampshire. what did he tell you about retirement? been so much speculation about his plans because he is about to leave the bench and give joe biden the first opportunity to make a lifetime appointment to the supreme court. that question has been out there for a long time now and i went up to new hampshire and talked to him and i said, have you decided what you're going to do and he said no. he had not yet decided. i asked him what factors might be on his mind, as he considered whether to retire. and the first one was his health. he said my health is a priority. he's about to turn 83. he's a pretty youthful 82 right now. hasn't had any serious health conditions that we know of as had occurred with justice ginsburg who passed away last year so he's a vigorous 82 but he's still 82 going on 83. but the other concern he said was the court. so he's already thinking about what is best for the institution of the court at this time and, you know, how to perhaps account for politics and not get caught up in politics. one of the major themes o

dean, how do you send breyer packing?cerned about that. >> justice breyer, if you are watching be my co-host on my radio show. we can work together, your name can go first. i have no problem with that. he is 82, will be 83 next month. there are concerns as mitch mcconnell made it very clear if the gop gets control of the senate again they will never let president biden confirm a supreme court justice. the big issue is five of the nine supreme court justices were appointed by republicans who didn't win the popular vote. you have tyranny of the supreme court. we have to expand the supreme court. i know we have to have voting rights first, but expand the supreme court because it is 6-3. we are literally decades from taking control unless we expand the supreme court. i wish we could do that. it might be breyer could stay longer if he wanted to. >>he yes. w i mean this is a part of the problem because given thet vot suppression laws, you can easily see republicans taking back the house, taking back the senate, killing the fili

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>> justice breyer, that's an interesting test. but at the end of the day, congress didn't require that and to adopt those tests would shift the burden and once again, i believe that annual liesing burdens, we have to look at a totality of the circumstances and totality of the circumstances in that state. if you look at the opportunities that people have to vote, this provides options for people to exercise their franchise. >> justice alito. >> can you ask you about statistics of out of precinct voting. is it referring to voters that cast their ballots at a polling place on election day or include voters who voted early? >> mark twain said there are three types of lies, lies, damn lies and statistics. we believe the ninth circuit cherry picked those statistics. if you look at the people that voted in arizona, we are talking about a tenth of a percent that may have been affected by the rules by increasing voting. two million votes cast, about 4,000 people voted out of precinct. to answer your question, that only included day of voti

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better starts with breyers.>> made in america is back grilling something new. tonight, our made in america isy reinventing itself during the pandemic. goldens' cast iron in columbus, georgia, family owned since 1882 founded by brothers john and theodore golden, six generations. for years, making factory parts, and parts for ships then home fire pits and grills. the newest coming off the line. every one of them marked "made in usa 1882." >> hey, david. >> chef matthew statham with his goldens' cast iron grill. >> just when you look at it you can tell it's built to last generations and the fact that it's made in america is just icing on the cake. >> and during the pandemic, they added something else. >> hi, david. >> george golden boyd jr., fifth generation. with so many gyms and fitness centers closed, americans were buying fitness equipment. but everything was sold out. >> kettlebells were coming from china. now, the product wasn't here. america couldn't get kettlebells. >> so golden got in on the game. >> all t

justice breyer is a legend. he's had an amazing career on the court.onservative. you know, mitch mcconnell, the former senate majority leader, now the senate minority leader, says that what he has promised is that if the republicans regain the majority if, he will not allow a biden nominee to have a hearing. well, that's unbelievable, you know? he block whered merrick garland, an obama nomineing for nearly a year, and now he's saying he's going to pursue the same strategy. so democrats are in a dither here. like, justice breyer realized the political, polarized reality of the moment. mike: charlie, we're up against the clock, but a brief thought on democrats pushing for justice breyer to go. >> yeah, i think that, obviously, i think juan summed it up perfectly why they're try to do it. but i do think it's important to point out that these supposed restrictions on voting in arizona were designed to keep people voting where they're not registered to vote and a ban on ballot harvesting. how that is a voting restriction as opposed to protecting restriction

. ♪ breyers is always so delicious... i can tell that they used your milk, matilda. great job!lcome. breyers natural vanilla is made with 100% grade a milk and cream and only sustainably farmed vanilla. better starts with breyers. >>> next tonight, the newest apparent act of road rage after a night at the ballpark. a father and his two sons on their way home from houston's minute maid park. someone opening fire, shooting into the cab of their pickup, hitting one of the boys in the head, gravely wounding him. police tonight are hunting for that shooter. >>> tonight, from philadelphia, a crane flipping over, killing one worker, a second man rushed to the hospital. fire officials now say the rig was lifting heavy equipment off of a tractor trailer when it toppled over. police and federal investigators looking into the cause and authorities are thankful that area was not crowded at the time. >>> when we come back here tonight, that massive hunt for a bear that killed a woman at a campsite. authorities are now using helicopters and setting traps. no one likes to choose between safe

. >> justice breyer. two questions. >> one question, a literacy test, does that provide people the same opportunity? >> no. by definition -- >> how do we know whether the test of the o.o.p. whether they do or they don't? >> i think there's an obvious deception, -- distinction, my polity. >> everyone has the complete opportunity to vote. >> it doesn't permit, but it might be that the rule that prevents them from using equally results in abridgment on account of race. >> that is the key point. the literacy test denies you the opportunity to vote. nothing like that is going on here. everyone has the complete opportunity to vote. the state has not erected any barrier. if the state denies you an opportunity, like under section seven. -- >> i have another more important question. what would you think of professor stephanopoulos is tests or standards which bring in from title 6, title 7, the housing act, the a.d.a., he uses roughly the same approach and there would be an opportunity for the state to say, we have

justice breyer has heard this. and he has heard it before.cause of the death of ruth bader ginsburg and has more of a chance to influence the internal debate and i think he's feeling pretty good about where he's at. >> your interview was fascinating about is driving the conversation. but people are people. he's looking at this through a personal lens to some extent. how is that in and out outweighed in even his mind with the responsibilities to the court and balance given the recent reversals and situational ethics we've seen? how is the personal consideration not look small compared to the institution? >> theoretically, the senate should stay in democratic hands through next year, next spring, june and july, a year from now, which would make that a better window for him perhaps, because he would get another year as the senior justice on the left. and it would still be several months before the midterm elections when the senate could potentially flip to the republicans. i think that's part of his calculation. although, i don't know. >> he lik

on the bench. >> cnn's supreme court analyst joan busiiscupic is speaking wi justice breyer after thert recessed after a slew of controversial decisions. joan joins us now. so, he told you -- by the way, fantastic access to a supreme court justice. we tip our hats to you. he says he hasn't made a decision yet. he says the two factors are his health and the court. i wonder what he means by the court exactly. >> sure. and, you know, jim and poppy, there was just so much speculation around a possible supreme court vacancy and whether president biden might get his first opportunity to name someone to a lifetime seat. so that's why i went up there to just get a sense of his thinking. and he did list those priorities right in that order. his health. he's turning 83 next month. he is a very vigorous 82-year-old now, you know. he jogs. he's -- he hasn't had any of the kinds of health problems that plagued justice ginsburg through four different cancer ordeals. he's relatively healthy. but to the point of his second consideration, the court, this is a man who is very much of an institutionalis

you recently had a conversation with justice breyer.e might retire to enable joe biden to nominate someone in his place so that the court does not end up with a more conservative. how do you approach this, how will this go down given you've spent time writing about rbg who everybody respects but few wonder whether she should have stepped down earlier? >> well, justice breyer said a few months agoe should view the court like politicians in robes and he certainly isn't going to be pressured to retire ahead of schedule. i wouldn't be surprised if he retires next week. i think he is sensitive to the broader context. we'll have to wait and see. the main message justice breyer is sending, he's joining chief justice roberts in these terms, narrow unanimous decisions. he thinks consensus as possible. there is unanimity. next term involves incredibly important cases like abortion and second amendment and affirmative action. we may be seeing more of a polarized court next term than we did this one. >> that's definitely not the answer i expected,

. >>> plus, just in, the world has been waiting to hear whether supreme court justice stephen breyerill retire and now a cnn reporter just got the first interview with him about those potential plans. stay right here. ♪ you bring your best. we'll block the threats. cyberprotection for every one. malwarebytes ♪ among my patients i often see them have teeth sensitivity as well as gum issues. does it worry me? absolutely. sensodyne sensitivity and gum gives us a dual action effect that really takes care of both our teeth sensitivity as well as our gum issues. there's no question it's something that i would recommend. is struggling to manage your type 2 diabetes knocking you out of your zone? lowering your a1c with once-weekly ozempic® can help you get back in it. oh, oh, oh, ozempic®! my zone... lowering my a1c, cv risk, and losing some weight... now, back to the game! ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® l

justice breyer has given no hints that he is going.side, we can objectively observe that he has authored a few of the court's bigger decisions in the past few weeks. maybe that's sort of a last hoorah. we don't know. history says if he's going to make that announcement, it will be soon. ten of the past 11 justices to retire either announced their retirement or timed their retirement for the end of the term. again, the end of the term is tomorrow. big day tomorrow. potentially gigantic news day tomorrow. watch this space. i would've called yesterday. but... i could've called yesterday. but... i should've called yesterday, but... would've, could've, should've. we hear that a lot. hi. i'm jonathan, an insurance professional and manager here at colonial penn life insurance company. sometimes, people put off calling about life insurance. before you know it, another year has passed. and when they do call, they say, "i wish i'd called sooner." call right now for free information on the $9.95 plan. are you between age 50 and 85? you can get wh