elena kagan: but, mr. liu, this might be the same question and, if so i apologize for beating , you over the head with it, but a notice to appear, it's a special kind of charging document. it's telling you that the government wants you to appear. and then, if the government wants you to appear, the first thing you need to know is, where am i supposed to appear? when am i supposed to appear? so that there will be somebody who will do what they want to do with me when i appear. it would seem actually even more than the charges itself that a notice to appear, you know, the sine qua non is telling you where you should appear. frederick liu: well, i think that is not the essential function of a charging document. elena kagan: well, you talk about it as a charging document. i hate to interrupt you, but it's not any old charging document. it's a notice to appear, which means somebody has to know where they're supposed to appear and when. frederick liu: and the government doesn't dispute that the notice to appear

that will go swimmingly. >> they should follow along the lines of 2010 and elena kagan's confirmation, where in fact they were able to confirm elena kagan three months before the midterm election. >> martha: i don't think they are in the same mood these days. >> the democrats obstruction if they continue down that path, obviously that will continue to hurt them along the way. especially when they are seeing that president trump's agenda is winning. in fact, when he puts his name behind it, it's where we know that his policies are winning and why republicans can be so successful. >> martha: mercedes, always good to see you, thank you. interesting to remember that kennedy was not president reagan's first choice. in fact, he was his third choice. first was robert bork, and we all remember that sparked a brutal senate battle. he was defeated. his second pick was douglas ginsburg who withdrew after admitting he had smoked marijuana which obviously is no longer a benchmark for pretty much anything in the country, and then came kennedy who was viewed as the consensus nominee. >> justice kenn

i did not have to be up there to hear the pinched tone of elena kagan on that unions case. mad and that really struck me. i did not even have to see it. i heard it coming through the audio. the scene that you all missed that you cannot hear was the day that the antitrust case came down. the court-martial didn't realize that justice breyer was going to do an oral dissent. she bang the gavel to say that the court is adjourned until tomorrow. justice breyer was adjusting his microphone. the chief had a sort of stand up and wave everybody to sit back down. everybody was laughing. justice breyer started out with a big grin, saying i realize it's only an antitrust case, but some of us think it's important. [laughter] justice thomas, who just delivered the majority opinion and who sits next to him, had this and norma smile on his face and was lasting -- enormous smile on his face and was laughing at justice breyer's joke. and then brian delivers an opinion basically saying that thomas had swallowed the snake oil that the lawyers were selling. ariane: breyer was an antitrust law pr

so one was a mid term, elaine ya -- elena kagan. merrick garland who you'll hear more about from our senate democratic colleagues, this came up during a presidential election, a time during which joe biden said that nominees should not be confirmed in the runup to a presidential election. after president trump makes a selection, senators will have the opportunity to meet with the nominee, examine his or her qualifications, and debate them. we'll have a hearing in front of the senate judiciary committee. this will be the sixth supreme court justice nominee i will have had the privilege to serve on the senate judiciary committee for and question. and then this fall we will vote to confirm justice kennedy's successor. just kennedy placed a deadline on his time in office. he's retiring july 31. so any idea of delaying this and leaving the court shorthanded, particularly under these circumstances, really is beside the point. i know chairman grassley will as usual manage a fair, thorough, and efficient confirmation process. he always does

be held until after the midterm elections in november, republicans point out that obama nominee elena kagan joined during a midterm in 2010. >> abc's terry moran has more on the upcoming battle on capitol hill and how both sides of the political landscape are mobilizing because of one issue, abortion. >> reporter: since before he was elected, president trump made abortion and the supreme court one of his campaign's major issues vowing to overturn roe versus wade. in 2016 the candidates were asked where they want the court to take the country. >> the supreme court, it's what it's all about. our country is so, so -- it's just so imperative that we have the right justices. i am putting pro-life justices on the court. >> reporter: pro-life and pro-choice groups are already reacting to the news of kennedy's retirement. planned parenthood saying the right to access abortion in this country is on the line while concerned women for america hailed this opportunity as, quote, the moment conservative women have been waiting for, the chance to return justice to the nation's highest court, and as advoca

elena kagan was nominated by pres.ma in 2010, and we are going to hear quickly from the president who he wants and i guarantee they will try to get her conferment before the october terms. heather: midterm election versus presidential election, very big difference. thank you very much, we will see what happens today because you never know. thank you. the time is 18 after the top of the hour, the huge upset everyone is talking about including donald trump. >> a slovenly man named joe crowley got his [bleep] character. he was going to take nancy policy's place. >> the internet is on fire, carly shimkus sharing reaction next. >> 22 after the top of the hour, multiple tornadoes carving a path of destruction. a disaster declaration after a powerful tornado left eight people injured. the storm damaging homes, flipping over cars and knocking out power to thousands and cleanup is underway after a series of twisters touched down this week. the severe storm, much more on this coming up, stay tuned for this. workers behind the fa

host: does it surprise you that john roberts is chief justice, is onkagan -- elena kagan the supreme court, and barack obama became president? guest: i would love to say i predicted it. but no, they had unlimited potential. in retrospect, i am not surprised where they ended up. i am pleased, in all three cases. in the long run, they will have done great service to the country and the law. host: richard joins us on the republican line, louisville, kentucky. caller: good morning. it is telling that you use the gentleman from west virginia, , grandbyrd, the democrat cyclops of the ku klux klan, hillary clinton's mentor, for someone to come out and say why they should not remove bill clinton from office. but that is for another time. my question to the good professor, which, of course, i can tell that you are very liberal about the current president. and is he a politician? no, he is just a knucklehead trying to straighten this country are from people like you. my question is if you find out the it former president use fbi, cia, nsa, can you post impeach a president? -- guest: no. it can

overrule koramatsu, and then two sets of dissenters spoke, first justice breyer on behalf of him and elena kagannd then the most moving statements were made by justice sonia sotomayor on boo of of herself and justice ginsburg. she had essential pay attention here. pay attention to the kind of statements he had made against muslims, pay attention to how much this is exactly like koramatsu. there was a moment when hi read some of the statements. >> she said cause for a minute to let those simp in. those were said by the president of the united states, and nothing the majority is says today about korematsu could possibly compensate for what's happening in this case of trump versus hawaii. then finally on the national security interests, those what the administration has asserted here, she said it's a sham. what they are saying is a sham. so the justification that the majority is pointing to is a sham. >> wow. jeffrey, you have pointed to a part in the majority where they say his for words don't on matter, where it says -- at the heart of the case is a series of statements by the president and his a

you mean when they should my picture and elena kagan? [laughing] >> i'm just jesting about that. i think it was seeing justice ginsburg laugh so much. you know, she can appear stern and because she is so slight, she really doesn't project her smile as broad as i might project mine. even as a colleague we deal with some fairly serious things and she's not a jokester by personality. >> really? >> but she really did do some fingers that she does some great ones. the day that president obama came to greet us at justice kagan's swearing-in, he asked her how she felt about her new sisters, and the response was, i love them. but i'll be happier when you give me ask others. [laughing] five others. [applause] so she can do it but it's not a constant and a personality. and throughout the film you saw her taking true pleasure in moments of her life. >> her granddaughter is -- >> very, very touching. >> the part that really struck me was a workout. [laughing] i with would've felt like i neo step up my own game. >> we all do. >> do you have a workout like that? >> not like that. [laughing] >>

justice sotomayor: you mean when they showed my picture and elena kagan's? [laughter] i am just jesting about that. i think it was seeing justice ginsburg laugh so much. you know, she kind of appears stern and because she is so slight, she really doesn't project her smile as broadly as i might project mind. even as a colleague, there are some fairly serious things, and is not a jokester by personality, but she has some great ones. the day that president obama came to greet us at justice kagan's swearing-in and asked her how she felt about her new sisters and her response was, i love them. but she answered, i will be happy when you give me five others. [laughter] justice sotomayor: she can do it, but it is not a constant in her personality. in the film, you saw her taking true pleasure in moments of her life. host: her granddaughter. justice sotomayor: very, very touching. host: so, the part that really struck me was her workout. [laughter] i feel like i need to step up my own game. we all do. we all do. do you have a workout like that? justice sotomayor: not

justice elena kagan wrote this as an unusual move as justices very vehemently disagree with the majority ruling and justice kagan said that this dilutes union power. she said there is no sugar coating today's opinion and today's decision will have large-scale consequences for public sector unions. theupreme court ruling that this illinois law that says all employees had to contribute to public sector union, they struck that down, and of course, that will have big effects nation wide because 22 states have simila laws. >> jessica, an important note, as you'resaying, it is unusual for the dissent to read -- be read from the bench and this has happened two times in two days now. >> right. what's very interesting about this is you notice the change, perhaps in the balance of power here at the court. this term alone, there have been 17ases decided 5-4. so it really shows you just how important that nomination and the appointment of justice neil gorsuch and president trump was. justice gorsuch, perhaps the deciding vote in this because after all, the supreme court back in they decided or they

of democrats had a similar situation a few months before an election point, and they pushed for elena kaganur thoughts. >> that's right. remember, the death of justice scalia was totally unexpected and at the end of the day, the president picks the nominee for the supreme court. the senate is only to advise and consent is of the real actor here, the one that actually acts on the decision is the president, not the congress, not the senate. so he is quite correct in saying that the presidential election year we have a totally unexpected vacancy on the supreme court as a much different situation that we have right now where frankly everyone in washington kind of expected justice kennedy was going to step down in june so this is not a surprise. there was ample opportunity for both sides to prepare for it. unlike the death of justice scalia which was totally unexpected by everyone. so i think that mcconnell is on good grounds here to say that a nonelection year is totally different than a presidential election year in terms of how you handle supreme court vacanc vacancy. >> harris: i want to ask

elena kagan was confirmed in 2010 coming up on the midterms. >> bill: that is right. >> jessica: i wasn't done talking. >> dagen: that is hogwash. it's not blumenthal peddling the hol -- hogwash. it's a bunch of them. >> jessica: a lot goes to the phil buster and -- filibuster and president obama supporting that. a third of the issue is up. that's where the strong argument is. we don't know what will happen. i believe democrats will take the house back, i don't think the senate. there is an argument to make we are 133 days away from potentially a sea change in the senate that will put democrats on top, is it worthwhile to consider waiting those few months when ted cruz, richard burrr and john mccain talked about leaving a seat open for a year. >> lisa: you mentioned there is no evidence of a sea change in the senate. >> jessica: i said it's possible. i personally don't think that the democrats take the senate back. the races are tight. but it is possible and a few months away considering what happened to merrick garland, it's a conversation to have. >> dagen: i want to add one thing. if t

some have pointed out that president obama appointed elena kagan during a mid-term year as well. how is this different? what, if anything, can democrats do to block a nomination? or should they? >> democrats should do everything they can to block a nom faciination nomination, including go after senator collins from maine, senator murkowski from alaska, put pressure on them. maybe someone in maine is thinking about running for office and can toy around with senator collins' political future. try to get them to shift a little bit. i don't think it is going to be very easy. i think that mayor garcetti is very right about this. but he, mitch landrieu from new orleans, those are the kind of people who i think we should be looking at for 2020. i'm not sure anybody in walk is going to have the sway out in the country that they hope they do. >> speaking of sway around the country, word broke a couple of hours ago that president obama is going to be hitting the campaign trail for democrats with help from nancy pelosi and chuck schumer. jamal, is that a good idea for democrats, for preside

elena kagan joined the conservatives. ruth bader ginsburg was in the dissent. we'll be right back. and a baseb. ...a mythical castle ...and a grand banquet hall. this is not just a yard. it's where memories are made. the john deere x350 select series with the exclusive one-touch mulchcontrol system. nothing runs like a deere™ save $300 on the x350 select series™ tractors with the purchase of a mulchcontrol™ kit. save $300 on the x350 select series™ hey, i'm curious about your social security alerts. oh! we'll alert you if we find your social security number on any one of thousands of risky sites, so you'll be in the know. ewww! being in the know is very good. don't shake! ahhh! sign up online for free. discover social security alerts. >>> welcome back to "hardball." there is a stunning admission buried in the letter president trump's legal team submitted to robert mueller. it's acknowledgment that president trump's team publicly misrepresented the facts on a key aspect regarding the trump tower meeting with a russian lawyer who offered donald trump . dirt on hi

we mention in august 2010: senate confirmed barack obama's very liberal pick now on the court, elena kagan. a few months before the 2010 midterms, and republicans have something else in their pocket. what you may call the harry reid president. looking more and more like democrats render regret the fact that read lower the bar to 51 votes and some 60 to muscle through obama's nominees. mcconnell warned in 2013 this would backfire. >> you want to play games, set yet another precedent that you will no doubt come to regret, i say to my friends on the other side of the aisle, you will regift this inhumane credit a lot sooner than you think. >> kevin de leon declared that during the merrick garland absent, feinstein and other democrats "surrendered the judicial branch to mitch mcconnell." it's not just going to be about animus against president trump which is already fierce endeavor at a party. this with potential democratic civil war were feinstein and other mentoring democrats related face intense pressure to resist this, no matter what. >> shannon: everybody gets president. mcconnell, will th

neil: to your point, robert, two liberals on the court, stephen breyer, elena kagan went along with fivevatives on this, two justices ruth bader ginsberg and sotomayor did not. what do we make of the two liberals joining in the opinion. >> the happiest person has got to be chief justice roberts. he wants people to view the court as not necessarily a partisan place. i think hopefully 7-2 decision will cause people to look at the decision, maybe there was some actual constitutional basis here, when 5-4 and conservative justice vote one way and liberals vote another they tend think it is politics, which those of us who practice law hope it is not. the strength of phillips' case, demonstrate that breyer and kagan went along with it. they agreed the tribunal in colorado was hostile to his religion. he deserved to have his religion taken seriously. and he has a first amendment righto, to not be compelled to make statements about marriage he doesn't want to make. so i think, you know, it's, it's a good decision for the court. hopefully it will turn the temperature down in the country a little b

have in mind that elena kagan was 50 when president obama nominated her, so i don't think anyone viewsyoung by -- neil: wait a minute, wait a minute, ed, just be careful about this age reference. [laughter] are go ahead. >> so, look, i think the president is very focused on the supreme court legacy and thattal other things being equal, you know, a younger age is better than an older age. but, look, there are plenty of extraordinary candidates on this list. and i think we'll end up with one of those as the nominee. neil: but you don't see any trouble getting all the republicans on board or i guess you alluded to the fact it's possible some democrats could vote, but i'm thinking of susan collins or lisa murkowski or bob corker, jeff flake who might, might, you know, put up some resistance. >> well, i don't mean -- i certainly don't want to take anyone for granted -- neil: right. >> -- but i think there are plenty of nominees whom all republican senators recognize as very suitable for confirmation just as they did with neil gorsuch. neil: all right. thank you very much. good seeing you, e

mark: in dissent, justice elena kagan wrote "there is no this -- ing the republican house has killedten immigration the 301-121 vote came despite president trump tweeting his 11th hour support today. the bill would finance the president's proposed border wall of mexico, limit legal immigration, and curb the separation of migrant families. iran's president is outlining his country's conditions for remaining in the nuclear agreement. officials did not give details, president wrote a message to the leaders of france, germany, and the u.k. expressing his views. president trump announced last month that the u.s. is withdrawing and would reimpose sanctions on iran. global news, 24 hours a day, on air and on tic-toc on twitter, powered by more than 2700 journalists and analysts in more than 120 countries. i'm mark crumpton this is bloomberg. julia? julia: thank you, mark. back to that breaking news justice kennedy is retiring. let's get more context. joining us on the phone is georgetown law professor randy barnett. get your insight here. clearly there has been wide speculation that justice

if hunting is a disqualification on that court, justice elena kagan would not be there.he did not hunt before she was on the super court, but she became close with estes scalia -- justice scalia and became a good shot. she's a member of the liberal wing. i do not know about the case the caller mentioned involving justice alito, but there was one case where he did not realize until after the vote that he had -- he owned shares in the disney company before the court. had he not voted on the case, disney would have won. he voted against their interests. it was not of benefit to them. i do not know that we are looking at personal corruption on that court. i have not seen it, if that is what callers are worried about. or conflicts the way we sometimes see them with elected officials. a final thought -- the caller said justices of the supreme court should be elected. that is something many people who watch the judiciary carefully find somewhat problematic, because if you can campaign for a office -- an office, you need to have money to do it. elections involving judges raise a

kagan, hi, i think elena she said if you had a purulent lenthe real and -- viriu anti-senate making commentsnd he banned all the people from israel, with that be ok? the solicitor general responded that it would be ok as long as the paper was ok within its four corners and did not display any animus, think the supreme court has taken that view. as long as the order is ok on its face, with that is all we need to look at. i understand, i think john roberts and andy kent city -- anthony kennedy are good and want to support the rule of law. i understand that, and what they are saying to the people is we elected this president and this statute gives the president's authority, and we are not going to take that authority away from him, and if you do not want this president, it is up to the people not to have it and up to e cothress not to have it. understand how a person could do that, but i think with this president a this he said abo muslims and muslims celebrating on 9/11, which was a complete lie, and other things goingd and rudy giuliani on tv and admitting that he backed into this order, i th