justice breyer? justice sotomayor? >> how is this any different than epa versus brown? they're the epa announced it was planning to modify regulation that have been challenged. the government asked like you are asking, that we offer guidance to the epa with various points in your brief you talk about guidance for the ruling that's taking effect. we strongly said that would be the advisory opinion. the government has disavowed and we said regulations coming, how are you different from the epa, number one. and number two, i am not sure how the ace rule which is also what has been put on hold but waiting for the new world. the new rule will supersede both. >> we do not know epa will do. >> that is absolutely true. >> that's the standard the court uses. with voluntary cessation the next rules entirely in the control of respondent, this court say the kate is not moot unless it's certain pre- this is not it moved question this is an advisory opinion question that is how the epa discussed the requests of co

justice breyer: i see. general prelogar: others were -- justice breyer: okay. so half of them -- general prelogar: -- processed under other provisions of the act. justice breyer: -- they say you have no business here and it comes right under here that they're not -- oh, under 42, in other words, under the -- general prelogar: the public health order -- justice breyer: under public health. general prelogar: -- that cdc had issued. that -- that number, though, also includes other processing under title 8 authority, so it includes things like expedited removal. justice breyer: now -- now suppose i accept your argument for -- hypothetically, let's assume that. and then i say i see (b) has to do with people whom the immigration person at the border says you're inadmissible or you want asylum and it tells you what to do. but now we go to our part, which is other people who come in. so i don't know if they're inadmissible or not. maybe, maybe not. that's what we are this is , number 2, is that right? general prelogar: i'm sorry, you're looking at 1225(b)(2) -- justice

justice breyer is one of the most collegiate people that anybody has ever met.he is personally engaging, and a real bridge builder. i think last term, you would see him getting assigned really good opinions, like google versus workable, or the chair later case. those cases were not ideologically divided, but they were big cases in which he was very successful in keeping a strong majority together. i think that it takes time to become that person. i think the only time will tell. well one of these members take over that role, a little italy pulverized? >> with that, in the few remaining moments, we will turn it over to audience questions. i won condition is that you make a question and not a statement. we'll start back, there and then you, mary. >> to be brief, you have covered so much, but i did not hear a commonality in there about where presumed would be the dividing line between okay and not okay. whether it is presuming that the right to carry, in the main case, -- and so i want to leave it at, that because there's too much else to talk about. where is the p

justice breyer descendants, joined by kagan and sotomayor. they say, this is not a review of how the free exercise clause and establishment clause work together. they would say this recurrent theme in a lot of these recent cases, that there is more of a since the establishment clause gives government more leeway to exclude funding of religious schools, even if there establishment clause does not compel that result. they would say, go back to the -- kennedy versus bremerton is another 6-3. the debate between the majority in the dissent, what does this case even involve? the majority says this case is about one thing only, whether coach kennedy can lead private prayer on his own on the football field after a game. it is at a time when he could otherwise check his email or do other stuff. justice sotomayor says that is not what this case is about. this case is about a coach encouraging others to pray with him. from those wildly different factual premises come very different views on the ensuing results on how much leeway a school should have in

the last time justice breyer has retired and justice jackson has been sworn in.what do you make of that and what changes do you see coming down the pipeline? will that affect how you cover the court anyway? >> first the justices have said in different venues at the arrival of a new member kind of puts it on their best behavior so to the extent things are pretty tense. right now justice jackson's arrival is timely and i remember for example when justice cavanaugh was confirmed we were very playful andnd the court tht day was hearing a criminal act case so the substance were the cause of everyone's good mood. i can remember for example justice speak sotomayor made a place playful face and made a point of turning to shake justices cavanaugh's hand in faulty of the court and the press. so it seems to me that to the extent things are bad up there right now that maybe justice jackson's arrival wil' kind of help everybody clear the slate for next year. >> i agree obviously it is a small group and even after the very contentious cavanaugh hearings, justice sotomayor was

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and a judicial oath administered by justice stephen breyer, who is your time in from the court created the opening for justice jackson. >> are you prepared to take the oath? >> i am. >> please raise your right hand and repeat after me -- i, ketanji brown jackson, do solemnly swear -- >> i, ketanji brown jackson do solemnly swear -- >> that i will support and defend the constitution of the united states against all enemies foreign and domestic. >> that i will support and defend the constitution of the united states against all enemies, foreign and domestic. >> that i will bear true faith and illusions allegiance to the same. >> that i will bear true faith and allegiance to the same. >> that they take this obligation freely without any mental reservation or purpose [inaudible] >> that i take this obligation freely without any mental reservation or purpose of evasion. >> and i will faithfully discharge the duties of the office on which i'm about to enter. >> and i will faithfully discharge duties of the office of which i am about to enter. >> so help me god. >> so help me god. >> thank yo

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cookies and breyers. that's like getting help protwo desserts!the next. wait... do we have to thank our moms twice? i don't know... (laughs) breyers. 100% grade a milk and cream, and loaded with delicious cookie pieces. better starts with breyers. >> always write a whale just comes out of nowhere up out of the water and then smack down on the battle pretty small boat. this happened yesterday off the coast of massachusetts in an area where whales have been spotted several times over the course of the past week. the whale. it really drills that that 19 foot boat and the boat's crashes back down into the waters. you know, heavy well, obviously, before the the boat kind of bounces back upright. officials say the 2 people on where obviously startled but are physically okay and no serious damage to the boat. they say either. >> still have the battle over reproductive rights continues. the new efforts that are underway to ban abortions nationwide. i'll pick this one up. i earn 3% cash back on dining including takeout with chase freedom unlimited. so, it's not a

stephen breyer, who retired earlier today. catherine heenan is live in studio for more reaction and the significance of judge jackson's well coming to the highest ranking court in our nation. catherine. yeah, it was a big day of president biden. remember nominated jackson in february a month after justice breyer announced he'd be retiring. >> her confirmation and the senate was mostly along party lines. it did include support from 3 republicans. today, jackson was sworn in to the court, shattering the glass ceiling as the first black woman on the nation's highest court. and it is also the first time that 4 women will serve together on the nine-member court. jackson adjoining justice sonia sotomayor, elena kagan, amy coney barrett. jackson had been in kind of a judicial limbo before being sworn in, remaining a judge on the federal appeals court in washington, d.c., but not hearing any cases she had been appointed to that appeals court by president obama after being sworn in today. jackson was joined by her family. are cited to

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. >> thank you very much, and i will turn things over to justice breyer. >> the judicial oath -- will you raise your right hand please? thank you. i, ketanji brown jackson -- >> i, ketanji brown jackson -- >> do solemnly swear -- >> do solemnly swear -- >> that i will administer justice -- >> that i will administer justice -- >> without respect to persons -- >> without respect to persons -- >> and do equal right to the poor and to the rich. >> and do equal right to the poor and to the rich. >> and that i will faithfully and impartially -- >> and that i will faithfully and impartially -- >> discharge and perform -- >> discharge and perform -- >> all of the duties -- >> all of the duties -- >> incumbent upon me -- >> incumbent upon me -- >> as an associate justice of the supreme court of the united states. >> as an associate justice of the supreme court of the united states. >> under the constitution and laws of the united states -- >> under the constitution and laws of the united states -- >> so help me god. >> so help me god. >> now i will ask all members of the court to please welcom

those conclusions with respect, justice breyer, mistaken. the last 30 years has not seen calming than that, different than the court's other defiance a brain death as death. yet, the literature is filled with episodes of people who are completely and utterly brain dead, responding to stimuli. there's about 40% of dead people who if you touch their feet, the foot will recoil. there are spontaneous acts by dead brain people. so i don't think that a response to -- by a fetus necessarily proves that there's a sensation of pain or that there's consciousness. so i go back to my question of, what has changed in science to show that the viability line is not a real line? yet, the literature is filled with episodes of people who are completely and utterly brain dead, responding to stimuli. there's about 40% of dead people who if you touch their feet, the foot will recoil. there are spontaneous acts by dead brain people. so i don't think that a response to -- by a fetus necessarily proves that there's a sensation of pain or that there's consciousness.

. >> she was sworn in by her predecessor, stephen breyer. this helps them to broadly regulate carbon emissions from existing power plants. this will help them remain in mexico under immigration policy that originated under the trump administration. that sharply curtails the environmental protection agency's ability to regulate carbon emissions. >> many leaders in california worry about the impact this may cause. >> another day, another supreme court ruling. this time with impacts to the environment. since conservative judges cannot regulate greenhouse gas emissions from power plants. >> what the supreme court said was that was an overage. that should come through congress. >> this will be one of the most significant and historically powerful tools to address the ravages of climate change. it is incumbent angela. >> the clean air act is -- that is incompatible -- incomp rehensible. >> they are out of control. >> her concern is the decision good extend and lead to greater challenges. >> transportation safety measures, basically the wild west a

supreme court justice sworn in today justice ketanji brown jackson replacing retiring justice stephen breyer she joins a court that days ago rocked the country with its ruling overturning the long-established constitutional right to abortions the term ending today with split decisions for the biden administration on immigration and the environment. in a win for its border policy, the court saying the administration acted properly in trying to end the trump-era policy that requires asylum seekers wait in mexico while their cases are decided. but the court also undercut the administration's climate change efforts, saying the epa overreached in its efforts to move the country from coal production to cleaner alternatives justice correspondent pete williams has details. >> reporter: in one of the most important environmental rulings in decades, the court says the epa does not have broad authority to limit greenhouse gas emissions by shifting energy production away from coal burning plants and toward cleaner sources like wind and solar. by a 6-3 vote, the court said such a major action would requi

at noon, justice stephen breyer's resignation when it affect with the conclusion of the term.d judge ketanji brown jackson was sworn in. you really have to wonder what was going through justice jackson's mind as that was happening. now, particularly as she's takes her seat on the court, with only two other liberal justices. a majority that is completely, recklessly politicized, and apparently out for blood. all you can do right, now if you are justice ketanji brown jackson is put your head down, attend to the work of doing what you can to preserve american democracy and constitutional governance, and have faith that things will change, and that others will come to your aid. because, for all of their prodigious talents, she, justice sotomayor, and in kagan, cannot do it alone. i do hopeful that president biden, and democratic members of congress -- that simple yet inescapable fact. psst. girl. you can do better. ok. wow. i'm right here. and you can do better, too. at least with your big name wireless carrier. with xfinity mobile, you can get unlimited for $30 per month on the n

to serve on the high court filling the seat of retiring justice and san francisco native stephen breyer. natalie brand is live with more on this major milestone for reputation. natalie? >> absolutely, liz. in a statement following the swearing in ceremony, justice jackson says she is truly grateful to be part of the promise of this great nation. as you mentioned, this is no doubt a historic moment for the u.s. supreme court, but it's also a divisive time after such a blockbuster term. and next term, the high court is expected to take up more hot button polarizing issues. >> i ketanji brown jackson do solemnly swear -- >> reporter: it's a ceremony that makes history as justice ketanji brown jackson becomes the first black woman to sit on the nation's highest court. >> so help me god. >> reporter: her official swearing in comes as justice stephen breyer retires following the current term's close, nearly three months since her senate confirmation. >> in my family, it took just one generation to go from segregation to the supreme court of the united states. >> reporter: while justice jackso

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president biden nominated jackson back in february. >> just a month after justice breyer announced thatuld retire at the end of the court's term. the senate confirmed jackson's nomination in early april by a 53 to 47. mostly party line vote that included support from 3 republicans. and today jackson was sworn in to the supreme court, shattering the glass ceiling as the first black woman on the nation's highest court. this is also the first time 4 women will serve together on the nine-member court jackson joining justices, sonia sotomayor, elana kagan and amy coney barrett. jackson had been a sort of judicial limbo sense remaining a judge on the federal appeals court in washington, d.c., but not hearing any cases. biden elevated her to that court from the justice district judgeship, i should say to which she was appointed by president obama and after being sworn in, jackson was joined by her family. earlier today we met margaret russell, a law professor at santa clara university, and she spoke on the symbolic move as the u.s. just had its first black woman and the first public defender t

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my mom says that breyers is made with real milk. [cow mooing] i think i can hear the mooing.ugh] breyers natural vanilla is made with 100% grade-a milk and cream and only sustainably farmed vanilla. better starts with breyers. >>> by 2015, bannon had honed his message, targeted how he would take over the republican party, but still needed a candidate brazen enough to pull it off. then came donald trump. >> our leaders are stupid. our politicians are stupid. and the mexican government, they send the bad ones over because they don't want to pay for them. >> you finally have a guy that's speaking in a non-political vernacular. he's a very imperfect instrument. but he's an armor-piercing show. >> bannon would use trump like ammunition, feeding him into the ready-to-fire army of online followers that bannon had been molding for years. >> millions of people out there who spend all day online get whipped into a frenzy. what bannon was doing, as he told me, was to try to harness that energy specifically to build an online army on behalf of trump. >> trump plowed through a republican

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a court federal appeals judge, jackson replaced justice stephen breyer, who stepped down today after three decades on the bench, justice breyer hired ketanji brown jackson as a clerk in 1999, making it a full circle moment when he administered the judicial oath to her today. a formal investiture for justice jackson's ex expected in the fall, we can call it that now, justice jackson. taking her oath today allows her to begin her duties, she arrives on the bench in the wake of several hugely polarizing decisions, issued by the court on abortion, gun rights, and today's ruling limiting the epa's authority to fight climate change. we are going to have much more that ruling specifically, and on the future of the court, and its newest member just ahead. before we get to all of that, do you remember when the donald trump campaign was caught scam in its own donors. i just have to redo the lead from the new york times, the story that broke the scandal open. quote, stacey black was in hospice care and september 2020, listening to russia limbaugh's dire warnings about how badly donald trump's c

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better starts with breyers.f gain so much, she wished there was a way to make it last longer. say hello to your fairy godmother alice and long lasting gain scent beads. try spring daydream, part of our irresistible scent collection. ♪♪ >>> joining us now with a look at axios a.m., political reporter for axios, laughlin. you have information ahead of the midterms and a potential problem for candidates. >> we looked at the most competitive races in the country, and democrats are outracing republicans $75 million among small donor donors. democrats have dominated this in the past, but republicans have been trying to catch up in recent years after dramatic showing in 2020. this shows they still have some work to do. we actually found that the bulk of the $75 million, about $60 million is what donald trump has been raising in small dollar donations in his political efforts, though he is not a candidate and not giving much to republicans. >> there seems to be moment for democrats to potentially hang on to the senate,

we will speak to the former law clerk for the retired supreme court justice stephen breyer. we will speak with carolyn shapiro, professor. stay with us. ♪♪ [music break] amy: "house of the rising sun" by the animals. this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman. the u.s. supreme court announced it will hear oral arguments this thursday october in a case that could be -- in october, the court will hear moore v. harper, a case that seeks to reinstate gerrymandered congressional maps that were struck down by north carolina's highest court. a ruling in favor of north carolina republicans could strip state courts of their power to strike down state laws, while expanding the power of gop-controlled state legislatures to control federal elections. legal arguments brought forward by plaintiffs in moore v. harper could drastically alter how congressional and presidential elections are conducted. at the heart of the case is a theory known as the "independent state legislature doctrine," which the supreme court has repeatedly rejected for well ove

a former federal appeals court judge and public defender, jackson replaced stephen breyer who stepped down after nearly three decades on the bench, justice breyer hired ketanji brown jackson as a clerk in 1979 making it a full circle moment when he administered the judicial oath to her today. a formal moment will occur in the fall. taking the oath allows her to begin judicial duties. she arivs on the bench in the wake of several hugely polarizing decisions issued by the court on abortion, gun rights and today's ruling limiting the epa's authority to fight climate change. much more on that ruling specifically. and on the future of the court, and newest member, st ahead. before we get to all of that, do you remember when the donald trump campaign was caught scamming its own donors? i just have to read you the lead from the "new york times," the story that broke the scandal open. quote, stacy blatt was in hospice care in september 2020 listening to rush limbaugh's dire warnings about how badly donald trump's campaign needed money when he went online and chipped in everything he could. $5

it marked the end of justice stephen breyer's 28 years on the court, the last official act was to join roberts in administering the required two oaths of office to ketanji brown jackson, who becomes the court's first black woman. >> so help me god. >> all of the members of the court, i'm pleased to welcome justice jackson to the court, and to our common calling. >> that was nbc's pete williams reporting there. >>> still ahead, president biden calls on senators to change the rules to protect abortion rights. but are the two holdouts in his own party listening? >>> plus, something you don't want to see during a busy holiday travel weekend. this right here, hundreds of picketing pilots and what airlines are doing to address the issue on an already strained system. those stories and a check of weather when we come back on "way too early." "way too early." ♪ my name is monique, i'm 41, and i'm a federal contract investigator. as a single parent, i would run from football games to work and trying to balance it all. so, what do you see when you look at yourself? i see a person that's caring.

better starts with breyers. >>> it splay been washington's best kept secret.virginia senator joe manchin and majority leader chuck schumer reaching a deal on an energy and health care bill that nearly everyone else had given up on. this is after more than a year of negotiations that collapsed time and time again. the white house welcoming the news. >> the president welcomed this agreement. you've seen wide agreement, even people who disagree or criticize that this would reduce inf inflation, reduce the deficit, reduce health costs for 13 million americans. >> daniella diaz is live on which i will. manchin has been a thorn in his party's side. how significant is this deal for democrats? >> reporter: so, so significant. this is a $369 billion package that would invest that money into climate and energy provisions, the programs that democrats were hope that they could pass during this congress. it would be the biggest climate deal in history. and it would slash greenhouse gas emissions by 40% by 2030, which would be a major achievement. this spans from electric v

better starts with breyers. >>> we don't have the manpower.s that's one concern from the dozens of sources familiar with the justice department's january 6th investigation. right now, they are unsure whether the resources they have at their disposal are enough. just consider the 850 arrests that have been made and every new case requires new resources from the justice department and fbi as well as any other law enforcement entity assisting with arrests and starts the clock on defendants' speedy trial rights. i want to bring in ryan reilly behind this. you write, this is a logistical nightmare. bureaucratic issues. what's going on? >> yeah. it's just the sheer volume of cases is one of the biggest issues. when they first started out, there was this idea that 800 people went inside the capitol. that was not true. it turned out, more than 2,500 people went inside. on top of that, 350 people wanted by the fbi still who have not yet been arrested, most are accused of assaulting officers outside the capitol building. it's a tremendous volume. it's s

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