justice breyer, anything? justice breyer: well, i'll go back to this once more because i did notice the footnote, which fortunately or unfortunately count, and the footnote says the requirement of the rule -- they're talking about the same phrase -- is satisfied if the applicant shows that representation of his interests "may be" inadequate, and the burden of making that showing should be treated as minimal. now that says maybe there is a presumption. moore says there's a presumption. not moore himself, but the treatise. and -- but minimal is the key word. so what -- what do you say? i mean, i think we have to follow that, don't we? ms. theodore: so all of the federal courts of appeals have understood that trbovich rule to apply only in cases where there wasn't the same interest, where there was a different interest, like in trbovich, where the secretary of labor was charged with both being a private person's lawyer and -- justice breyer: okay, i got it. ms. theodore: -- and representing the government. justic

justice breyer: in -- oh, in habeas. mr. petrany: oh, in habeas, no, your honor, because he already -- justice breyer: no, okay. so you're saying he should file in habeas and, by the way, he can't? mr. petrany: well, your honor, he did, in fact, file claims that were very similar to this one. justice breyer: no, no, no, no. take my case. ten years passes. there was an old way that he didn't object to. now they changed the law. the new way he does object to. mr. petrany: yes, your honor. there are some claims that are not going to be able to be brought in a habeas petition. and this court has recognized this on numerous occasions. just justice breyer: well, that's what i'm saying. it's a new claim. i mean, it's not a new, sorry, it's a new method of execution. he thinks it's torture and it wasn't there before. well, he filed 15 other habeas petitions. now he comes to you and says: i have my new habeas petition. now the method they're actually going to use is torture. and can he do it or not? mr. petrany: not in a federal habe

stewart: i would say yes in part, justice breyer. particularly when casey looked outward and some pressure, there was pressure on all sides. this is a hot button issue for everyone. that is why it belongs to the people. it couldn't provide a good enough example it was grew on principle. it has been very different than some of the others. justice sotomayor: there is a line that casey drew of viability. -- liability. with respect to undue burden, the right of a woman to choose, the right to control her own body has been clearly set since casey and never challenge. you want others to reject that and adopt something different. 15 justices over 50 years, or i should say 30's since casey, have reaffirmed that basic liability. four of them have said no. i could name any other set of rights, including the second amendment, by the way, there were many political people who believe the court aired -- erred as seeing this as a personal right. if people believe it is political, how will the court survive? >> i think the concern makes it imperativ

justice breyer: it does not violate anything? going out? mr. katskee: for a of reasons. i will start with the establishment clause, but i want to work backwards to the -- justice breyer: i mean, in other words you have no reason not to turn to the establishment clause. in the cases -- and the cases you would cite would be what? mr. katskee: starting with engel. and appears against society of sisters as well, because the court made clear and consistently since then that parents have the right to determine the religious upbringing of their children, and government officials cannot interpose themselves and interfere with that. justice breyer: one of your points is, we don't have to reach all of these complicated issues either. you can simply say the question is, whether just after the game on the 50 yard line the coach praying is sufficiently like the teacher praying between 9:00 and 9:15 in the morning, that there is an establishment because -- clause problem and that is a sufficient reason for ringing discipline if that is not followed. now if we don't agree with that you

the same political movement that used a leak to move up the timeline of justice breyer's retirement process is trying to use yet another leak to make the court less secure and less impartial. never before, never before in modern history has an internal draft been leaked to the public while the justices were still deciding a case. never before. whoever committed this lawless act knew exactly what it could bring about. the justices already require security. less than two weeks ago an unbalanced person lit himself on fire on the court steps. less than three years ago, a liberal mob tried to storm the court shoving past law enforcement and pounding on the doors. look, everybody knows what kind of climate the far left is trying to fuel, one that is antithetical to the rule of law. right on cue, top democrats began publishing wild statements about what the court might decide packed with using unhinged rhetoric that could easily incite light a match. so what else happened? activists flocked to the court. an angry crowd surrounded the court chanting justices' names. their renewed calls to smash the

one is 57 year-old michael breyer and the other. 52 year-old jennifer lynn fox. crash happening on a ridge just north of conzelman road kron four's rob nesbitt reports that the victims are from sacramento and he tells us how long investigators say it will take before they know why the plane went down. >>friday's plane crash just north of the golden gate bridge in the marin headlands killed. 57 year-old michael breyer and 52 year-old jennifer lynn, fox fox's website describes her as an entrepreneur who became interested in skincare a young age. the founder of 3 businesses called the i m empowerment network, j j fox productions and i am studio over the weekend to sacramento schools, saint francis catholic school and just what high school identified fox as the mother of 2 student, president of jesuit high reverend john p mcgarry sent kron 4 statement monday saying quote, just what is focusing our efforts on caring for our school community with prayers and love. also, we have our counseling and wellness team available, providing guidance and resources on dealing with

the county sheriff's office identified them today as 57 year-old michael breyer and 52 year-old jennifer lynn far and that crash happened on a ridge north of conzelman road near the popular battery. spencer. look out. >> kron four's rob nesbitt has the latest on the investigation. >> friday's plane crash just north of the golden gate bridge in the marin headlands killed. 57 year-old michael breyer and 52 year-old jennifer lynn, fox fox's website describes her as an entrepreneur who became interested in skin care at a young age. the founder of 3 businesses called the i m empowerment network, j j fox productions and i am studio over the weekend to sacramento schools, saint francis catholic school and just what high school identified fox as the mother of 2 students. we paying for that that passed away. >> and then hopefully we're going to be able to to spend this time. think about them. >> president of jesuit high reverend john p mcgarry sent kron 4 statement monday saying, quote, just what is focusing our efforts on caring for our school community with prayers and love. also, we have our c

>> i really can't say, justice breyer. they did not pretty any sort of expiration when they change the regulation 1961. applicant said it correctly. >> that's kind and not the issue. the issue is there was a regulation that said that and the question is what effect the regulation had. there's a statute that says the board is bound in its decision by the regulations. even without that statutory provision that seems like that's just what the board is supposed to do. now, here is a statute lays it out. you were bound by the regulations. you are bound regardless whether the regulations are right or wrong. so once you are bound by the regulation, how could it be possibly be a air let alone clear and unmistakable error for the board to do what they are commanded to? >> because the board was also commanded to follow the statute. you're not suggesting the board should have violated section 4004 at the time, now 7104. what we think is the board, sure, the board sitting there with both of those directives could not comply with both.

once judge jackson joins the court when justice breyer steps down, that will be three. chief justices asked congress to take appropriate actionof and increase protection for the physical safety of the justices and their families, and we need to act and act with urgency. senator kunz is our friend from delaware, the democrat and i are introducing a bill, a bipartisan bill called the supreme court police. the act to strengthen security protection for the justices and their families. this will ensure they receive the same protection and resources in article one and article two officers and their families enjoy. for the present purpose that means they will be given the same authority of the capitol tl police alreadyl have here on capitol hill. i appreciate our friend working with me on this important legislation and i hope the entire senate will vote on it l soon. as the larger debate about the document that was released it's important to rememberhe we don't actually knw what the supreme court is going to decide until it actually does. the justices are still working ,throug

mike breyer and jennifer fox both from sacramento. their aircraft crashed friday just before 3:00 in the afternoon noon. the faa and the ntsb are urging that anyone who saw anything that could be helpful to contact them. the plane took off from sacramento, but it ran into trouble near the golden gate bridge under extremely foggy conditions. >> yesterday at noon we received the notice from the u.s. coast guard and the faa that aircraft transponder beacon was activated indicating a possible accident. yesterday's weather friday was extremely foggy. >> the ntsb is going to move the wreckage and begin reviewing the records today. >>> turning now to the war in ukraine, all women, children and elderly have been rescued from that surrounded steel plant in mariupol, and this is according to the ukraine deputy prime minister, but the ukrainian fighter are remained trapped in the plant. this all comes after several days of evacuations after the russian forces work to take over the plant. russian soldiers are set to complete their takeover in tim

justice breyer said the court has depended on quoted trust and the court guided by legal principals. not politics. whatever you want to call it he road thatyo trust and undermined the publics confidence and trust in the supreme court. we have seen the last few days since the draft opinion was leakedan and the brief of confidentiality. ourhe friends across the aisle didn't want impartial judges. they would like judges deliver a particular o outcome in aey case. they would like it to be an extension of politics here in the senate. politics has it's place and they get to vote for or against us every twoe years or six years i understandwa our colleagues woud like this specific ruling on abortion rights. tomorrow itt could be seventh amendment rights. the next day it might involve the means by which we run our elections. this entire episode highlights how far the radicals and others go to tryhe to get their way. they didn't care about the long-term best interest of the country. f they are looking for a opportunity to score political points to distract the american people from what they ar

was planning on retiring and that news for stephen breyer to retire which liberal operativesetir wanted hm to do because he was a white man. so that was in other words, another op, one of many we're now seeing in our country. and as if to prove that within moments of this story breaking lastni, a mob formed the flashla mob atsh the supreme court. watch al . well, the >> well, the upside is they're not telling you it's your body ,your choice. even these people couldn't pull that off with a straight face after forcing millions of americans to inject an experimental drug against their will or be fired. if you remember that . so they can't claim you have bodily autonomy anymore because you demonstrably don't. so instead they move to name calling. you're a fascist if youowhey disagree with that. agr and they've been honing those talking points because they've been preparing for this moment for quite some time. the supreme court, everyone knows, is currently debatingth the constitutionality of a mississippi law that bans abortion a after 15 weeks. now during oral arguments in this case in dec

as justice breyer has said, the very authority that the court has depends on, quote, a trust that the court is guided by legal principles, not politics politics, and that these types of changes -- packing, restructuring -- whatever you want to call it would erode that trust, undermine the public's confidence and trust in the supreme court. but as we've seen in the last few days since this draft opinion was leaked in an egregious breach of confidentiality, our friends across the aisle don't want impartial judges. they don't want an independent judiciary. they want judges who will deliver a particular outcome in a case. they want the court to be an extension of their politics here in the senate. politics has its place, but its place is right here and in the white house where the voters get to vote for us or vote against us every two years or six years, as the case may be, or four years in the case of the president. i understand that our colleagues want a specific ruling on abortion rights. tomorrow it could be second amendment rights. the next day it might involve the means by which we

. >> welcome back to jim breyer, good to see you. >> great to be back. >> you have investments everywhere in technology, public, private. given all the volatile we've seen and the short selloff in the nasdaq are you buying on some of these lower valuations >> i am buying a little bit. again, if we take a company like microsoft on weakness, i will continue to buy. i will continue to add and hold for years. satya is amazing i spent time with him yet here in davos what we really need is conscious leadership, leadership that understands left brain, right brain and this new set of challenges coming out of covid satya is not only a brilliant technical strategist, but a great leader, as is your previous guest, marc benioff where we have tenneco investments together in private companies. >> are you seeing the private company valuations catch up with some of the volatility and the carnage we've seen in the public markets or is it lagging >> it's lacking significantly. i always expect six months of lag. having lived through too many downturns, 2001, 2008-'9, asian bubbles. what happens in the publi

justice breyer will be gone. it's not clear to me that there's still a majority that has the same commitment and we know at least two of the justices the justices thomas and alito have expressed great reservations about campaign disclosure laws and in the banta case, i think we can add some of the other conservative justices as well. the next question in this to me really goes to the heart of your book. is there any way to come that disinformation from fox news your focusing the chief speech that goes on in the internet, but what about fox news in the misinformation that they put forth? well, so i do try to say that my concerns about shape speech extend beyond the internet also to cable news and all other ways in which people get information today that they didn't get 30 or 40 years ago. there's a feedback loop. so, how do you deal with these problems? just like i think we can't have a law that says that facebook must include certain content or has to be even handed i would say this thing. think about fox news. y

and roberts, increasingly is with sotomayor and breyer.ourt is really shifting away from roberts because he's now aligned with the three liberals and thomas is aligned with the four other conservatives to make a new majority. >> how have the dynamics changed since the death of ruth bader ginsburg, since amy coney barrett joined the court? >> this is really -- some replacements on the court are -- all replacements are consequential. when steven breyer stepped down and he's being replaced by judge jackson, that is important. but this was epic. this was epic in its importance because at the end of president trump's term in 2020, justice ginsburg died. amy coney barrett was rushed through by mitch mcconnell. and that changed the court from a 5-4 majority for the conservatives with chief justice roberts in the majority to a 6-3 conservative majority with roberts increasingly siding with the three liberals. but he is increasingly irre irrelevant. if the roe v. wade case stands in the draft opinion that we have seen, that will be the most vivid d

retiring justice stephen breyer was nominated by president clinton in 1994 and confirmed that same year. he too was asked about the roe v wade case and how he would rule if a similar case came before the high court. basically, i think that word liberty. in the 14th amendment has been recognized. by most almost all modern judges on the supreme court and is pretty widely that that word liberty. includes a number of basic important things that are not those only listed in the first eight amendments to the constitution. in the ninth amendment helps make that very clear. because it says don't use that fact of the first eight. reason to the conclusion that there are no others. so it isn't surprising to me. that there is widespread recognition. that that word liberty does encompass something? on the order of privacy people have described. those basic rights not mentioned. in words like concept of ordered liberty that which the traditions of our people realize or recognize as fundamental. and in looking to try to decide what is the content of that? i think judges have started with text. and aft

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justice breyer? >> tell me if you have general thoughts on this. the sort of philosophical thing that is occurring to me is you are sort of winning the game -- not winning it but strengthening your argument once you use this word preemption. but indian tribes on indian land are not states and they are, what's the phrase, sovereign dependent nations? so i don't know quite how that pans out. the other thing which is more important which i i would love any, jeff on it given her whole experience in many areas of law, can you give me a phrase or a word or a view in your mind of what weight this court should give to such a fact as virtually unanimous across the country assumption that the law was x? is a totally irrelevant or is it a little relevant a lot relevant? how do you think about that in general? >> that are familiar doctrinal frameworks, and by definition your experience is broader than mine. >> and asking for your review because you have many cases. you have much experience and i think, i guess you don't have to answer it but i would be curious

maybe a justice will see an argument he or she didn't think of breyer, but it does happen.n. but this is all done confidentially to encourage this free exchange of ideas that's always deemed by everyone. doesn't matter what your political background is--, ti doesn't matter seemed essentiall to the proper functioning of our nation's highest court. now chief justice rehnquist and our orientation session. the court said to all of us there are nine justices, four clerks for each chamber is usually thirty six and then a couple of the retired justices still have clerks that are still at the court but not many, many young people. about 30 , 40 young youn lawyers. he looked a us and he said if you leak anything fromhi this court, you can kissoo your legal career bye bye. >> done that .t. we remember that and doy the entirety of the court's history. no matter how controversial or disruptive the court's decisions. ben, i'm talking decades, decades ofki decisions on freedm of religion, rights ofig criminals, same-sex marriage, none of those draft opinions ever leaked. know why? know bec

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and 52 year-old jennifer lynn, fox breyer and fox's plane crash just north of the golden gate bridgene headlines. the plane, a fixed wing single engine vans. rv aircraft crashed about 12. 0, 9 friday during foggy weather conditions. it was removed from the crash site on sunday. the federal aviation administration and match national transportation safety board are investigating why that plane went down. ntsb says their preliminary report should be released within 15 days the crash, but but their final report could take up to a year to complete. in santa rosa. evan frost iq and madison, bernard are in custody in connection to the death of their 15 month-old toddler. these are pictures from the couple's home on sonoma avenue. police say that they got reports of an unresponsive child about 11 o'clock in the morning after arriving on scene. investigators say they noticed suspected fentanyl near the toddler. they then found more fentanyl and fentanyl paraphernalia in numerous areas around the house, including in the bed that the child is shared with her parents. and a hate crime investigat

a close friends tells nbc area the man and woman killed are mike breyer and jennifer fox, both from sacramento. >>> new at 5:00, frightening reminders of the dangers of driving under the influence. the alameda county sheriff's office tweeted out these photos of a crash earlier this morning. 4:30 this morning they say a suspected drunk driver ran a red light at 16th avenue and foothill in oakland. the driver crashed into a deputy's car. at a high rate of speed. the deputy was injured in the crash but is expected to be okay. the driver was arrested. and not just in oakland. over in richmond, a suspected drunk driver crashed into a richmond police officer's motorcycle. the officer was conducting an investigation on the side of the road. the driver comes along, barrels right into the motorcycle. the officer was not on the bike at the time and was not injured. the driver had minor injuries. he was tested at the site. his blood alcohol level reportedly more than three times the legal limit. the driver also had a felony dui warrant for his arrest before last night's crash. >> of course, it's safe the

the marin county sheriff's department confirms 57 year old michael breyer of sacramento was the secondperson on that small plane. 52 year old jennifer fox , a mother, also from sacramento , had already been identified. a friend tells us fox worked as an aesthetician and was always thinking of others. she made everyone feel like they were part of her family and. she will never be forgotten for that spirit that she holds in all of us. flight tracking data shows the small plane made loops over the golden gate bridge before it went down in the marin headlands. aviation experts say the turns were very sharp, especially considering the heavy fog at the time. why your fans are celebrating tonight's come from behind win against the grizzlies. we gotta go over there 31 for sure. we don't like memphis do it. conference finals five baby. golden state didn't take the lead against memphis until the very last minute of the game, and the team played without head coach steve kerr, who tested positive for covid just prior to tip off. we're going to hear more from the team about their big win later. in

. >> justice breyer, anything further? >> you don't see much in this way of permissive intervention? >> no your honor. >> am i assuming by your argument that the existence of the north carolina here is the relevant? you're basically saying, whether there is a law or not, we have to mandatorily, let everything legislative member commit. i do not know what to do with that claim, given how we have ruled in a variety of different cases that a legislature cannot defend the constitutionality of a law, because that is up to the attorney general of each state, or the law who designate to's going to defend. >> state laws not irrelevant your honor. it's a three part. test one is a test under donaldson whether there is a significantly protectable interest. >> that every legislator has that. so go ahead. >> step two, this is where silicate's. step two is on the assignment. that is an exclusively a function of state law, as to whether the state has an assigned responsibility, to the intervenors -- >> for which are basically saying is e