marty ginsburg was a prominent tax attorney. have to do that with her career. ruth left harvard law school, that is where she transferred to columbia because marty got a job in downtown new york. >> in keeping with the theme of adversity, at law school, he gets can to. >> she typed up his notes, she wouldn't tight but papers for him doing her work and taking care of jane who was just a toddler at the time. she didn't want to separate the family and harvard wouldn't let her obtain a harvard degree as a result of that. they wouldn't let her in the third year at columbia, but she did all day. >> it worked out okay for her. >> regretted a great deal -- >> i think she never let them forget it. years later, before going to the harvard law record to protest they had this policy, she was a judge on the d.c. circuit and revealed they went through two years there, and concessionary policy, we think they should have been able to. time to reevaluate this policy. and included a note underneath. and when she got a harvard degree. >> that is p

if ginsburg has to retire, shifting the court to the right, as it stands with ginsburg the court has four reliable votes, to the right with chief justice roberts, there are four conservatives, and anthony kennedy, the swing vote over four of the five biggest decisions in the past ten years. ending affirmative action, and giving the presidential nomination to george w. bush. >> if the justices would have a chance to replace her with somebody more conservative there would be five conservative votes even before you get ojustice kennedy. >> court watchers say justice ginsburg appointed by president clinton in 1993 seems tired in the past years. she seemed to fall asleep but ginsburg blamed the incident on a few glasses of wine before the event. but after a few health scarce, she says she is feeling great. >> i think i should do this job as long as i should do it full steam and whether i begin to slow down i think i will know. it hasn't happened yet. >> the last supreme court justice to retire, john paul stephens, left the court at age 90. by all accounts the job has prestige, great hours

ginsburg: no. campaigns will always have beliefs about who are fair moderators and not fear moderators. -- they are moderators. moderators. the day after the debate, the story should not be about the moderator, it should be about the campaign. debates are not about credentialing moderators. there about giving the candidates chance to talk about their visions. moderators can credential themselves on tv shows and interview shows. no, there was no specific conversation about choosing moderators other than the general notion that the debate should be about the candidates, not moderators. host: lowell, and huntington, west virginia, democrat. lowell: good morning. thank you for taking my call. there is gerrymandering. in west virginia we had 55 counties. we only have 34 state senators. oft constitute the majority 18 senators to 55 counties. had a democrat who was elected on the democratic ticket to our state senator -- then he changed parties. he changed after being elected a democrat, he changed to a r

justice ginsburg: mr. carvin, is it permissible, in your view, to allow the union to be the exclusive representative so that nobody else is at the bargaining table? mr. carvin: yes, that's fine with us. our objection, of course, is being forced to subsidize that exclusive representative. the fact that they are exclusive representative impinges on my clients because it disables them from individually negotiating with the school board, but that is justified by the need for an exclusive representative. and that is why, indeed, requiring agency fees in the collective bargaining context is less justified than, for example, requiring agency fees to support union lobby. in their collective bargaining context, we are required to free ride on the union because they are the exclusive representative and we don't have our own vehicle. so the freerider justification is far weaker in the collective bargaining context than it is in the union lobbying context. justice scalia: mr. carvin, is it okay to force somebody to co

justice ginsburg: it's not just something. the government is taking action against a person because the government thinks that that person is exercising first amendment rights. mr. goldstein: just -- justice ginsburg: and i thought -- and unlike justice scalia -- that the thrust of the first amendment is operating on government. it says government, thou shalt not -- thou shalt not act on the basis of someone's expression, speech or belief. mr. goldstein: well, essentially all of the rights, individual rights in the constitution, other than the antislavery provision, requires state action. they all talk about what the government can't do. but the government -- justice ginsburg: yes, so here, the government acted. no question they demoted the person. this was a detective, and they put him back on the beat. so the government acted. why did they act? because they thought that this person was engaging in political activity. mr. goldstein: well, justice ginsburg, let me just say that i don't think it's -- it's contested after the pe

ginsburg, former counsel to the bush campaigns and the scott walker campaign. the panel is here but let me start with you, alex. the week began with alex castellanos, famed republican consultant is briefing donors looking for people to start -- to buy into your anti-trump ad campaign and yet you found no takers. >> no takers. it's too confusing this year for the establishment. it's getting late in the game. if you disqualify trump, you could help ted cruz. the establishment doesn't want that. if you disqualify cruz, you could help trump. so a lot of the establishment is just sitting on the sidelines and i think the moment to go after either has passed. >> it's too late? >> it's too late. and it just -- it -- two-thirds of the party is in one of those guy's pocket. one-third is in the establishment lane. that doesn't auger well for the establishment going forward beyond new hampshire. all the establishment guys began the week by beating each other, laying off cruz and trump. maybe now they'll find out trump wants to take cruz on and that might make them happy bu

that's tougher. would have heard those words out of ben ginsburg's mouth. donald trump is better for the top of the ticket. >> but chuck -- >> last call. >> the rhinos who are left -- and they are moderates in the republican party. >> they're all in santa barbara, california. >> i've talked to them in other places. but some are saying on grounds of temperament, that's the issue they think will separate them from trump. are you comfortable with the idea of this man -- >> the same temperament that attracts reagan democrats. >> are you comfortable with this man in charge of the nuclear codes? i think that's a hill for trump. >> that could be an ad we might see by somebody. all right, lively conversation, thank you all. we'll be back in a moment with the role president obama hopes the flu virus hits big. with aches, chills, and fever, there's no such thing as a little flu. and it needs a big solution: an antiviral. so when the flu hits, call your doctor right away and up the ante with antiviral tamiflu. prescription tamiflu is an antiviral that attacks the flu

ruth bader ginsburg and antonin scalia. let us listen in. justice ginsburg: take the worst-case scenario, roe vs. wade is overruled by the supreme court. there will be states, a sizable number, that will not go back to the way it was. at the time of roe vs. wade, there were four states that gave women access to abortion without any questions asked in the first trimester. those states are not going to change. what it means is a woman who can afford a plane ticket, a bus ticket, will be able to decide for herself. whether to have an abortion. but the women who won't have that choice are poor women. justice scalia: these are political questions for the american people to decide. that is about. -- that is what democracy is about. do you think abortion should not be prohibited? fine. persuade citizens to pass a law. but don't tell me the constitution has taken that issue out of democratic choice. it simply hasn't. host: there we have two members of the current court, and also united states senators, laying out the continued divisive arguments. we

coming up, we're going to be talking with guiness world record, who is a lawyer who has -- benjamin ginsburg who is a lawyer. the wrote a piece in "politico" about the primary calendar how the r.n.c. changed it and what role your state of ohio is going to play as we discontinue to go through the primary and the calendar leading up to the nomination. ed in kansas city. a republican. hi, ed. caller: yes. host: ted, you're on the air. good morning. caller: ok. good morning. yes. well, this morning, five bucks ago since that question was asked to donald trump, and it beats me why he couldn't still hand up to go on the show. but that's his prerogative too. but i just think that ted cruz is the best fit for all of america. and as far as standing thank you against hillary, they don't know if she'll be able to get in there or not. to me, like i've heard people say and my church pastor say if america does repent as a nation anyway, it won't make any difference who gets in as a president. host: ok. all right. that's ed, a republican. jenny in high point, north cana

remember last year ruth bader ginsburg had her eyes closed during part of the address.inet with the exception of jeh johnson, they will be introduced as well. they will be walking in. jeh johnson is what they call the designated survivor. he is not there, but in the gallery, the first lady, michelle obama is walking in, with a nice round of applause. she has a bunch of special guests as well. >> the first lady remains incredibly popular. the politics go back and forth. there he is hugging the second lady, jill biden. she is very popular, and according to the president, probably also excited to leave the white house. >> there she is, she drove over with the president of the united states. dr. jill biden is right there. they're all applauding. there will be an empty chair there tonight as well, the deliberately wanted an empty chair for the victims of gun violence. >> that's right. governor malloy is also there, somebody who's also been very active in the push for -- >> here come the members of the cabinet. that's the secretary of the treasury jack lew. there's john kerry

may not have been the best case but you did a great job, and justice ginsburg says she has now done thewith speak 'ojustice sotomayor and justice kagan, and it's paying it forward. that win of the things that's always impressed me. i have been involved in so many programs, either in government or outside of government, that are mentoring programs, where women of great significance and others who may not consider themselves of great significance but are equally giving, have been involved as mentors, and each of them has always said the same thing, which is i got far more out of being a mentor than the mentee ever got from me because that giving process, that paying it forward, was extraordinarily rewarding and that in sum and substance is what we're trying to convey in the book. >> right. i also vividly remember the first time i was introduced to you, which was at the dawn of the clinton administration, and early 1993, there was a women's event for all of the women that president clinton had appointed and other prominent women in washington, and the headline or at that event was hillary

according to ginsburg, the court that to believe preclearance is no longer needed. with that belief and the argument derived from it, history repeats itself. in a memorable metaphor, ginsburg compared throwing out hen it hasce wi worked to throwing out your umbrella in a rainstorm because you are not getting wet. metaphor would prove to be tragically on point. not long after the decision on shelby county was announced, a rained down ons states. officials in texas put into motion a voter identification law a federal court had previously refused to preclear because it made it more difficult for minority voters in thes to participate in political process on and it will basis with whites. in the aftermath of the shelby sought tocomplainants adopt a remedyto that requires preclearance of voting changes for a time, but would section 3c remedy require that the court finds that it was based on a racially discriminatory intent. congress recognized in 1980, persuading a court to find discriminatory intent is a formidable challenge. proven intent has never been easy and is mor

>> justice ginsburg, the courts are divided. the position of the e. oc is that she would have a claim. i just think it's a good point for us that congress can write laws that recognize such regarded as claims. >> those statutes focus on the employer. the employer cannot discriminate on the basis of sex. >> right. >> and that employer was doing that. the first amendment does not focus on the government. it focussed on the citizen. the citizen has a right to free speech and free association. there's such a difference between the cases. >> you're not surprised that i agree, justice kagan. if we could take this outside the public employment context, and the reason i want to do that is that we ought to be able to agree that the first amendment rights aren't greater. the court has pointed out that there's a greater federalism interest in managing the public employment work force and also that this is an unconstitutional conditions case. but just imagine the following simple, you know, hypotheticals that relate just to this case. imagine that the chief of po

jeremy peters of "the new york times" and ben ginsburg of gop establishment. up next, the republican roundtable, or the "hardball" roundtable is coming here to endorse sarah palin's endorsement of donald trump. the next question, what will it do for him in iowa? that's what it's about now. the big out there in less than two weeks. in less than a minute, bernie sanders hitting new highs in new hampshire. wait until you see his numbers in new hampshire. you're watching "hardball," the place for politics. >>> well, bernie sanders has been his biggest lead ever against hillary clinton up in new hampshire. look at this, a new cnn/wmur poll of democratic voters in new hampshire just out tonight shows sanders increasing his lead, as i said, over hillary clinton in that crucial first primary state. catch these numbers. sanders tops clinton by 27 points. 60 -- 6-0 -- to 33. that's hers, 33. that's a ten-point increase from where sanders was in december, as seven-point slip for former secretary clinton. here's sanders' reaction to the new numbers. >> i like that, actual

. >> i can't.imagine justice scalia retiring, if justice ginsburg could hand on i think she come because she wouldn't want donald trump or ted cruz to appoint a successor. >> upholding president obama's signature health care law to striking down limits on federal campaign donations. republican presidential candidates are promising to nominate conservative justices, with an eye to gun control and abortion. >>> they're going to want to get rid of citizens united so we don't have all this money coming in. >> ian millheiser says the real danger a divided senate unwilling to confirm the new president's choice for bench. >> you're looking at the possibility that if a vacancy opens up the seat could sit open indefinitely until you have a unity between the party that controls the warehous white houe party that controls the senate. >> a reminder that the 2016 election is not who wins the presidency but it's who wins seats in the u.s. senate. libby casey, al jazeera, washington. >> the world's biggest retailer is announcing big cuts, closing 264 stores worldwide, smaller express locations, in all

poems in know-- allen ginsburg poems in know-- allen ginsburg poems in the village, the village, the village, and i'm there alone with my poor and i'm there alone with my poor and i'm there alone with my poor mother. mother. mother. it was like a it was like a it was like a combination of long day's combination of long day's combination of long day's journey into night journey into night journey into night and odd couple. and odd couple. and odd couple. >> and you write a lot about >> and you write a lot about >> and you write a lot about your family- your family- your family- >> so that's why >> so that's why >> so that's why my-- needs this book. here-- my-- needs this book. here-- my-- needs this book. here-- uthre--ig tth cha-l chasito a cha-- carl nicholas titolo in through an old buddy. through an old buddy. through an old buddy. and i was blown and i was blown and i was blown away by this guy. away by this guy. away by this guy. and he's a legendary and he's a legendary and he's a legendary professor at the school of professor at the school of professor at the school of visual

here on the set is ben ginsburg, leading republican figure behind the scenes. and as we see this campaign, we're seeing foreign policy now coming to the forward in a lot of levels, potentially not just ricocheting off the obama administration but also potentially for the former secretary of state, something she thought would be a plus. here the obama administration acknowledging to me overnight they had no idea if and when this was coming. our allies were surprised. and we are lacking in diplomatic and military options, ben. >> yes, mrs. clinton's strength is almost a weakness due to the administration in which she served and the way the events of the world have unfolded. it's going to -- it's going to take some scrambling by her. it's an advantage for the republican candidates. i think it remains to be seen what her opponents in the democratic primary can do. >> let's talk about the republican candidates, because what we have is, frankly, a mess that the establishment of the republican party never anticipated. and i don't want to -- i don't want to lay it auto

what the ongoing feud means for the u.s., former white house middle east advisor, ambassador ginsburgegion in particular for u.s. efforts coordinate ig the u.s. response to try to take out isis. >> good morning. well, you have essentially the two sunni and shiite super powers, saudi arabia being the super sunni power, and iran being the super shiite power, fighting a variety of proxy wars against each other in the middle east, in yemen, in syria, in lebanon, in iraq. so you have essentially a wave of violence in militant islam on both sides of the ideological and sectarian divide struggling for region al superior or the i the region. the united states for all intents and purposes is caught in a situation trying to resolve the situation in syria, trying to squash isis, and with both sides morals syria and iran -- saudi arabia around iran fighting each other, it makes it far more difficult to accomplish that goal. >> you talked about them trying to resolve the conflict in syria. one effort was to get everybody around the table to negotiate a settlement. the iranians are back being the a