a changed supreme court on the anniversary of the death of justice ruth bader ginsburg. and exploring unconscious bias. next on “pbs newshour weekend.” >> pbs newshour weekend is made possible by: sue and edgar wachenheim iii. bernard and denise schwartz. the cheryl and philip milstein family. the anderson family fund. the estate of worthington mayo- smith. leonard and norma klorfine. the rosalind p. walter foundation. koo and patricia yuen, committed to bridging cultural differences in our communities. barbara hope zuckerberg. we try to live in the moment, to not miss what's right in front of us. at mutual of america, we believe taking care of tomorrow can help you make the most of today. mutual of america financial group, retirement services and investments. >> for 25 years, consumer cellular has been offering provide wireless serce that helps people communicate and connect. we offer a variety of no-contract plans, and our u.s.-based customer service team can help find one that fits you. to learn more, visit www.consumercellar.tv. additional support has been provided b

thank you phil ginsburg. thank you mayor frank jordan for coming. i want to thank all the supporters in the chinatown community for supporting me in this appointment. the former commissioner, allen lo, we wore some pretty big shoes so i'm going to try to put my small feet in his shoes and continue the work that he's done. there are a lot of parks that are earmarked for renovation that are important to our a.p.i. community and a lot of you are here, so i want to thank you. and thank you everyone and i have to thank my other half, my husband austin louie, he makes me whole. and london is right. i'm a dog person, she's a plant person. and moo moo is here. she's a therapy dog. i want to thank everybody for your time. it's getting hot and i want to thank our beloved mayor london breed. >> all right. now time for the welcoming committee. i'm going to ask the president of the rec and park commission, president buell to come up and say a few words. >> welcome everybody to the 17th hole. i'm glad that's a lucky number. it doesn't work for me at golf, but tha

thank you for being here, erin, you wrote a piece ruth bader ginsburg death continues to reverberatevert and undo her legacy with the amy coney barrett appointment. in your view, mission accomplished? >> listen, joy, you know, i think i can remember vividly a year ago, you know, all the mourning over her death and democrats fearing what the absence of justice ginsburg would mean for the court. remember those donations to democratic candidates were pouring in because voters were galvanizing their grief into action. the damage was already done, right? president trump did what he promised he'd do for voters which is to create a conservative super majority that could rollback many of the most progressive gains of the 20th century whether voter rights, abortion, affirmative action and other things that liberal voters hold dear. so a year later, the folks i talked to for the story on 19th news.org, we're seeing the concerns realized. voting rights are under attack and finding no safe harbor in re versus wade which is a 50-year precedent in place hangs in the balance and its fate will be te

but i think that harlan offers hope to some who are fans of ruth bader ginsburg because he showed how in one year they become the majority in another era and how those very documents and records that are preserved can become part of the decision-making process in the next generation. there is no one method for the supreme court by which the supreme court can change its mind and the law can change. but if you look at the history of the dissent, almost all these methods combined. so let's look at the antitrust cases being declared unconstitutional. there's the case that controls 98% of the sugar production in the country. the supreme court found a way to say they were not a monopoly. he was a soul defender and of course railed against a giant combination pretty much within five years the same justices the that ruled the other way would begin. i don't know that it was harlan persuading, but there are examples of the same people literally changing their mind. all of our wendell holmes changed his mind on the amendment. they greatly relaxed the rules and allowed for more antitrust actions.

to mind is the ginsburg scalia relationship. i'll accept it. the difference would be if justice scalia had persuaded justice ginsburg to think what he thinks because justice marshall the story was of course an extremely accomplished jurists and legal scholar before he joined the court and story has made commentaries on american law. story was really kind of, he was a republican. he was a jeffersonian before he joined the court and he just had this magnetic attraction jofor marshall's views and really became marshall's greatest advocate and supporter and their friendship lasted long after death. >> that brings to mind maybe justice brennan was a republican appointee and sort of sided with justice marshall, thurgood marshall on most decisions. do you see a comparison there with four was justice brennan more of a mind from the outset? >> justice brennan was, i'm not sure he was a republican himself. i believe he was a democrat, appointed by president eisenhower. eisenhower appointed brennan. he saw brennan as a moderate and as some

that's not what ruth bader ginsburg said.sent this tweet -- by changing the words, they are saying there is something wrong with when she said. on the anniversary of her death, we will honor her by [bleep]? that's not how you honor. someone. it's wrong. i am disappointed by this civil liberties organization. >> greg: aclu would rather defend feminists are now usurped. >> you learned it by reading. >> greg: they are usurped -- >> [laughing]. >> [overlapping talking]. >> greg: you are so smart. you are a birthing person. i don't have any kids. could i identify myself as a mother like i am a mother to a stapler? >> if you had pets. >> greg: in my brain a birthed a stapler. >> you could be the mommy to the stapler. >> greg: that's fine. >> i as a woman am offended by this. sometimes they are more man than woman. >> greg: that's true. >> no matter how you identify, that doesn't replace the female anatomy. i pee when i sneeze. i am prod to be a woman. >> can't you see the women in our workout classes. if you into your jumping jacks

i mean that's a painful question about what would have happened because, of course, justice ginsburg spent a lot of time on the court dissenting, including me abortion cases. so it's not clear whether chief justice john roberts would have voted the way he did. but chief justice john roberts has always been deeply 'posed to abortion, so in my mind the shift happened when antony kennedy retired. i think -- he was a defend ore f abortion rights and when le retired, it actually changed the vote count. that said every vote on the supreme court counts and at the very least, if justice ginsburg were still with us and we're about to mark the one-year anniversary of her death, i'm certain she would have been robustly defending the rights of texans to have dominion over their own body and end pregnancy if she sees fit. for us, it's a tragedy she's not with us. >> i was speaking with maria hinojosa last hour. can we all but assume at this point we know how the vote would fall? >> yes. that's why president biden has to fix the supreme court. the republicans stole a seechlt gorsuch is sitting the

i mean, that's a painful question about what would have happened because, of course, justice ginsburger time on the court dissenting, including in many apportion cases. so it's not clear that chief justice john roberts would have sided with the liberals if i had would have made a difference to the vote total. of course he did uphold a precedent that struck down an abortion law in 2020. so it may well have been a different result. but chief justice john roberts has been deeply opposed to abortion always. to my mind the most substantial shift happened when anthony kennedy retired. he was a defender of abortion rights. when he retired it actually changed the vote count. that said, every vote on the supreme court counts. at the very least, if justice ginsburg was still with us -- we are about to mark the one-year anniversary of her death -- i am certain she would be robustly defending the rights of texans to have dominion over their own body as they see fit. >> i was talking with senator hirono in the last hour, she brought up the miss tis case that's going to be brought up in the fall ba

i think justice ginsburg, because he was a defender of abortion rights.he retired, it actually change the vote count. that said, every vote on the supreme court counts. and at the very least, justice ginsburg were still with us, and we are about to mark the one year anniversary of her death, i am certain that she would've been robustly defending the rights of texans. to have dominion over their own body, to end a pregnancy if they see fit, for that alone, it's an absolute tragedy that she's not with us. >> i was talking in the last hour, to his, senator and she brought up the mississippi case that will be heard in the supreme court banning abortion after 15 weeks. which would essentially overturn row. can we all but assume, at this point, that we know, how the vote count will fall? considering the decision made in this texas law? >> yes, that's why biden and the democrats have to immediately fix the supreme court. the republicans stole a sea, for obama. they put amy coney barrett there, during an election. voting had actually started. and, kavanaugh, accu

how do you change a quote from someone like ruth bader ginsburg?how do you envision someone like jimmy phelan delivering a child. nobody wants that image in your head. the company painted a positive light. >> on fox news radio on fox nation here to react, we are going to bypass todd's comments because we have a lot to talk about. the new york times report, the headline reads no more apologies, inside facebook's push to defend its image. mark zuckerberg has signed off on an effort to show users's pro facebook stories and distance himself from scandals. mister zuckerberg's posts featured a video of himself during that is writing an electric surfboard with an american flag. what do you make of this? >> i can't watch this stuff and not feel like we although tom from myspace and apology. >> tom with a white t-shirt. >> he was our automatic friend but looking back tom never stole our informational tried to manipulate our perceptions and pretty sure mark like is the robot from small wonder. remember that show? small wonder was an amazing program. he doesn

ginsburg, ms. curry, you're doing the real work.ou're changing the way this country thinks about skills and learning in such a way that-- and this is something that we've talked about, senator braun and i have, trying to make sure that we have an arc that covers a person's entire lifetime and allows people to have a life that is continually enriched by additional skills and additional learning. any senators who have additional questions to ask? i think that senator braun does. 's going to punish me, i'm sure. for closing this out, but he can submit those questions to the record within six days on september 30th at 5 p.m. and hearing record will also remain open for members who wish to submit additional materials for the record. so with that, the committee stands adjourned. thank you all. [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] >> the u.s. senate is about to gavel in o

and ruth bader ginsburg who often said, if the court were to ever overturn roe v. wade, the impact would be on poor women who didn't have the ability to travel. she would have looked at what happened last night and been super, super surprised because the court basically said nothing and allowed it to go into effect. >> jeffrey, can you please hold, i really do want to hear your point. will you please hold your point at the top? >>> coming up, also in our next hour, i'll talk to the texas valedictorian whose graduation speech on abortion rights went viral earlier this year, all about the state's new ban. she'll be our guest. >>> also coming up, extreme heat, massive power outages across louisiana compounding the misery. half of the gas stations in two major cities are without fuel. we'll take you to louisiana next. let's go walter! after you. walter, twelve o' clock. get em boy! [cows mooing] that is incredible. it's the multi-flex tailgate. it can be a step, it can even become a workspace. i meant the cat. what's so great about him? he doesn't have a workspace. the

even more years on the court than just ginsburg did and spend every day trying to undo ruth bader ginsburg's life's work. when a supreme court justice dies, americans do not know what rights they might lose because of that. and so tonight because some supreme court justices retired at the right time and other supreme court justices died at the wrong time, women in texas who have been raped, women in texas who are pregnant because their fathers or their uncles or their brothers made them pregnant will not be able to end those pregnancies because the judges put on the supreme court by george w. bush and donald trump have shown no concern for what happens to the victims of rape and incest in texas. this is exactly what republican presidents have all run on since roe v. wade. if you voted for george w. bush, if you volunteered to work on his campaign, this is what you voted to, what you worked for. if you worked for donald trump, volunteered to work on his campaign, this is what you worked for. every one of them put the politicians on the supreme court who are threatening your rights tonight. le

keep in mind, this comes less than a year after the death of justice ruth bader ginsburg. been really surprised by this, not only for women, but the procedural oddities here. she was replaced by justice barrett, trump's nominee. so that really shows the importance of that changeover. >> dana, there are a couple things i think people need to know here. number one, this upends roe v. wade at least in texas. upends, abortions banned more or less after six weeks. again, most women don't even know they're pregnant six weeks. abortions no exception for rape or incest. the second thing people need to know is this was 5-4. john roberts, the honestly pro-life chief justice, actually voted with the liberals here, and it still did not prevail. so what this tells you is where this court is on roe v. wade, it seems, going forward. and it's a c-change already in texas on roe v. wade. what's to come, you tell me what you think, is a radical shift on abortion in this country. >> reporter: it very well could be. and the fact is that this is the first, on this issue, the first very glaring

ruth bader ginsburg has been replaced by justice amy coney barrett.arrett was trump's last-third pick. she was put on the court. and this order tonight really shows that stark difference, right? >> yeah. >> between ginsburg and barrett. >> brett kavanaugh, neil gorsuch, and amy coney barrett. thank you, ariane de vogue. we will continue to follow this as well. >>> i want to get back now to our other breaking news you see now on your small screen. now, we bring it to the big screen. let's get some of the video. i think we have some live video or live footage now that was happening in harlem. but this video you are looking at is in brooklyn. this is what new york city streets are looking at -- looking like right now. many streets in the northeast. our brian stelter is in new jersey where the governor has declared a state of emergency there. we are also, we should say, under a not only a state of emergency but a flash-flooding emergency, as well, brian. which includes new york and new jersey. >> and that's a very rare statement by the national weather se

the machinations behind what happened with ruth bader ginsburg.do you think this reflects a more politicized court never before? david: he wrote a book and that was the subject of the interview. he has been giving interviews because there is a book that talks about the fact justices are not political. they do not talk about politics. outside of the court we have politicized the confirmation process and most people see certain decisions like bush versus gore as political. he does not agree with that. today the court is seen as more political than it was before that is something he is not happy about but there's not much he can do. tom: what is so important growing up with jerry brown and the rest of that stephen breyer did is the heritage of the country. you are an expert working in chicago. lisa: the idea of constitutional law being increasingly polarized , six justices deeply in the conservative wing and voting as a pack when it comes to certain things like abortion rights, at least so far and all of these more politicized issues. there is a deep

about what was unprecedented in the sense it was entirely remote and the first term since justice ginsburg passed away and the court shifted to the right and theas court now has on his docket for thehe upcoming term a handful of perspective the juicy cases involving abortion, guns, religion potentially affirmative-action so the real question is not whether or not the court will continue to shift to the right buthe how far. presumably the answer lies in part with chief justice john roberts not because his felt makes a difference anymore but whether or not he has influence on the court so we will see quite soon. i would also like to touch on the shadow docket a wonderfully smooth there are a lot of developments on the shadow docket we would like to talk about because some of them will be showing up so just to talk about the juicy cases that are at the court this term during the 2016 campaign donald trump promises to overrule to say he would appoint a conservative justices and then be appointed three justices so now is the time to see if that promise will come true the court will be dobson ve

was unprecedented in the sense that it was entirely remote and it was the first term with justice ginsburg passed away and the court shifted to the right and the court now has on the docket for the upcoming term a handful of the juicy cases involving aabortion, guns, religion, potentially affirmative action, and so i think the question isn't whether or not the court is going to continue to shift to the right, but how far it will shift to the right and presumably the answer lies at least in part with chief justice roberts not necessarily because he makes a difference anymore but because whether or not he has any influence on the court and so that's something that i imagine we could discuss and we willsc see quite soon. i would also like to touch a little bit on the shadow docket of the article with august 1st. it's a wonderfully smooth editing process. some of them are going to be showing up on the merit docket but to talk a little bit about some they will be at the court this term and many of you are no doubt aware during the campaign donald trump promised to appoint justices who would ove

justice ginsburg was so much to so many, rightly and inspiration for the entire nation. to me she was a teacher, a mentor, a justice seeker and the epitome of unrelenting grace. justice ginsburg moved my admission to join the supreme court bar and i have to think she would have thought there was no better use than to serve in the position for which i have been nominated as solicitor general of the united states. when i return to the solicitor general's office in january it felt like coming home. i worked in the office for several years across administrations as a career attorney and more recently acting solicitor general. there is so much i love about the office and i can say from that up close view there is no better place to work. i love the intense commitment to integrity and professionalism, recognition we must turn corners in our filings with fidelity to the rule of law and the role of the courts and constitutional structure. i love the unparalleled intellectual rigor in our work, we probe our arguments, pressure test our theory of the case and seek to protect her p

she's been hailed as a champion for equal rights and justice as ruth bader ginsburg.mont and america fully realized equality under the law. thousands of thousands of lgbt through across the country are able to live their lives with dignity in the advocacy of beth robbins. her nomination is truly historic. it's not the primary reason she's going before us today. best track record as a from a supreme court justice, her fairness and loyalty and rule of law that makes her the best possible nominee for the second circuit position. all vermont supreme court justices are by both democrat republican best nomination. praising her is an excellent tourist whose major and chief justice appointed by republican. three former. month supreme court justices again appointed by republicans and democrats and have written letters of support for her. vermont's republican governor urges confirmation and noted unanimously confirmed in a bipartisan child support by the vermont senate. every republican or democrat voted for because she's by the respective for character and integrity. i asked t

. >>> joining me now is ben ginsburg. you call what happened in arizona overnight a crippling low for the claims that the former president has made. >> yes, absolutely, john. in arizona, they brought their partisans in to do an audit. they created rules that shredded the normal credibility that you give to audits. they took money from partisans. and still they could not prove that the election was fraudulent or rigged or that joe biden didn't win. so all in all, this was the state where donald trump had his best chance to prove the outlandish theories he's had about the elections being fraudulent or rigged and he swung and missed yet again. >> maybe they can get alabama to flip to joe biden at the rate they're going. in all seriousness, though, ben, i think if one is discussing this as if it is an affirmation or confirmation of joe biden's win, we're doing it wrong. that's not what you're doing or i'm doing here. the issue here is this audit had no grounds to begin with. this was a sham from the very beginning. >> it was.

meanwhile, hundreds gather to remember justice ruth bader ginsburg.im out! vote him out! >> ruth bader ginsburg, my most fervent wish is that i will not be replaced until a new president is installed. >> a wish that surely will be honored, for here is a woman whose legacy cannot -- >> let's make a t-shirt. here's what we're going to do, fill the seat. a woman would be in first place, yes. >> wait a minute, in 2016, mitch mcconnell blocked obama's nominee because of an election year. what say you this, election year senator? >> mr. president, majority

maybe not -- ben ginsburg is anything but naive. i hesitate to ask, but is it naive? >> i don't know that i would say that about ben's comments. but one thing i will say, when i think about, so ben has been an election lawyer for many, many years, advised many republican presidential campaigns, one thing that, you know, professional republicans and, you know, people who worked on campaigns and elections for a long time, some of whom are co-opted by donald trump or became part of that world, but many of whom didn't or at least privately, you know, disagree with him, they're really worried this campaign will destroy their ability to win in general elections because there will be so much doubt that their people simply won't show up, they won't go to vote, they won't mail in their ballots. republicans used to be very comfortable with mail-in voting, usually democrats honestly felt like that was to the detriment of their party because they had to do more work to get their voters physically to the polls. so i think for big picture here, for people who still are -- view the

justice ruth bader ginsburg wrote a short concurrence of her own in which she said, quote, laws like hb2, the law in texas at the time, laws like this that do little or nothing for health, that they'd rather stru impediments to abortion, cannot survive judicial inspection. thanks to that united states supreme court ruling in 2016, a bunch of texas abortion clin ukz were able to stay open or reopen after having been shut h i can tell you that the whole women's health clinic in mcallen, texas, did reopen and it is open and offering services right now today. but even on that day in 2016 when we talked to miss miller, you could hear the elation with that win from her, even on that day when the supreme court issued that definitive ruling which was a victory for women who want that service in texas and for the providers who are willing to provide it to them, even that day there were ominous signs looming. i mentioned earlier that was a 5-3 decision. wait, 5 plus 3 is eight. in this case there were eight. antonin scalia died a few months before. and there was nobody on the court yet filling

tomorrow marks one year since the passing of supreme court justice ginsburg.of her passing, we only six weeks into the 2020 election, senate majority leader mitch mcconnell said this in a statement. president trump's nominee will receive a vote on the floor of the united states senate. that move was quite ripe with hypocrisy. you will recall back in 2016, mcconnell blocked the consideration of merrick garland who was nominated with eight hole months remaining in obama's second term. he blocked the nomination because it was too close to a presidential election. after trump's election, elected, the seat was filled by conservative neil gorsuch. the conservative line was it was appropriate for the seat to be filled by conservative. we won ginsburg died weeks before the election, the same reasoning up applied. i know you are. shocked trump said that he would nominate supreme court judges who opposed the abortion bills. with amy cohen barrett. last justice barrett was introduced at an event last week by senator mcconnell, the very politician who rammed her nominatio

but when ruth bader ginsburg died, she was replaced as quickly as possible by a judge who could spend even more years on the court justice -- then spent every day on the job trying to undo ruth bader ginsburg's life work. when a supreme court justice dies, hundreds of millions of people do not know what that means for the rights the supreme court has been protecting for them. when the supreme court justice dies, americans do not know what rights they might lose because of that. and so tonight, because some supreme court justices retired at the right time, and other supreme court justices died at the wrong time, women in texas, who have been raped, women in texas who are pregnant because their fathers or their uncles or their brothers made them pregnant, will not be able to end those pregnancies, because the judges put on the supreme court by judge w. bush and donald trump have shown no concern for what happens to the victims of rape and incest, in texas. this is exactly what republican presidents have all run on since roe v. wade. if you voted for george w. bush, if you volunteer to w

which means -- we saw how the pressure from the left worked with justice ginsburg.m like he is going anywhere. i could be wrong. speak of his most latest interview seems to suggest may be. i can see outrage as completely understandable for the reasons that i said. but i tend to agree with mike that when this happens we go to the precipice but actually changing the number of the supreme court or any other essential feature, that will be a hard road -- and i'm not sure it will be a sensible idea. on the other hand, if anything will do a comment is this. i think that's justice would go that way. they are really -- they have stepped on a hornets nest. my best guess is you will not see fundamental changes to the core. >> shannon: let's not forget we have the president's commission that is potential treatments, and changes to as well. we expect that in october or november. harry and mike, thank you so much. good to see you. one airline hitting some turbulence. southwest pilot said their employer broke the rules changing all their work conditions during covid without negot

and when ruth bader ginsburg died literally weeks before the election, none of that reasoning appliedrump who promised to name two supreme court justices who would oppose abortion rights, he literally said that on the campaign trail, he nominated amy coney barrett, who was confirmed just one week before the 2020 election. again, remind you that donald trump lost. she was introduced at an event last week by senator mcconnell, the very politician who rammed her nomination through the senate before a presidential election. she said this, my goal today is to convince you that this court is not composed of a bunch of partisan hacks. well, justice, we're not convinced. you need more people. mrs. barrett once signed a letter calling for the end of the bar baric vote roe v. wade. and one year after the death of rbg, the supreme court straight up refused to block a texas law prohibiting almost all abortions in that state. joining us now is brian fallon, cofounder and executive director of demand justice. also with us is melissa murray, law professor at nyu and an msnbc contributor. i'm really

this is the announcement today from democratic party super lawyer been power and ben ginsburg, quotethis new resource comes just as we get the new reporting from routers detailing how state election workers are not just under attack by new laws passed by republican lawmakers, they are still frequently on the receiving end of just a barrage, an unending barrage, of death threats and harassment from pro trump voters. and donned by claims that the election was told -- stolen from him. i should say, one of the notable things about this new legal defense network is the long bipartisan list of election officials across the country who have signed on to its mission to help with what they are. doing for advisory board includes the republican secretary of state from georgia, ben raffensperger, who you will recall was denounced by trump for not succumbing to his pressure to toss-up biden's win in georgia. raffensperger were briefly forced into hiding from the death threats they receive thereafter. also the democratic secretary of state of washington jocelyn benson. you will recall that there w

justice ginsburg was on the court at that point.na admitting law. he did so in terms of a lot like his opinion in the texas abortion case from this week. he emphasized the procedural aspects, fidelity, and he had the numbers. this time he really didn't have the numbers. justice ginsburg has been replaced by justice amy coney barret and the chief justice is a head of a 6-3 super majority less concerned than he is with the court's institutional legitimacy and the optics of what these wildly aggressive moves mean and look like to the public. >> one of the things that you talked about when justice roberts did things that looked like they were not as unfriendly to abortion or roe v. wade you warned a long time ago don't go fooled by that. when it comes down to it this is not going to be a court that necessarily protects roe v. wade. >> well, we were not guessing there, ali. we knew because he had a long, long record. he was very, very transparent that he was not a fan of roe v. wade, not a fan of casey and the cases that came after. as m

it was the first term since justice ginsburg passed away. the court shifted to the right and the court has now has on its docket for the upcoming term, a handful from the press court perspective, juicy cases involving abortion, guns, religion, potentially, affirmative action. i think the real question is whether or not they will shift to the right but how far it will shift to the right? you have presumably, the answer lies in part with john roberts not necessarily because his vote makes a difference anymore but whether or not he has any influence on the court i imagine that is something we will discuss and we will see quite soon. i would like to touch a little bit on the shadow docket. the article was due on august 1. it is a wonderfully smooth editing process but we want to add to it. there were a lot of the veltman's on the shadow docket i think we would like to talk about, including because some of them will be showing up on the marriage docket. let's talk about some of the juicy cases at the court this term. as many of you are no doubt a

was really unprecedented in the case that it was entirely remote with the first term with justice ginsburg passed away. and the court shifted to the right and the court has now has on its dockett for the upcoming term a handful of from the press corps's perspective sort of juicy cases involving abortion, guns religion, potentially affirmative action and so i think the real question is not whether or not the court is going to continue to shift to the right but how far it will shift of the right. and presumably answers lies in part with chief justice john roberts not necessarily because he -- his vote makes a difference anymore but whether or not he has any influence on the court. that's something i imagine we will discuss and we will see quite soon. i would like to touch a little bit on the so-called shadow d o cket. the article was due on august #st. is a wonderfully smooth editing process but we don't get to add to it. there were a lot of developments on the shadow dockett that we would like to talk about including because some of them will be showing up on the merit's d o cket. just that

and the absence of ruth bader ginsburg. >> yeah.mp is no longer in office but we're still seeing the reverberations of that decision and that time that he did have. jeffrey toobin, what is your response to this dramatic move by the supreme court? >> well, i think just the moment important thing to emphasize is that texas, a state with 29 million people in it, abortion is illegal for all intents and purposes. this has never happened in an american state since 1973 when roe v. wade was decided. i mean, this is an enormous event in the lives of the american people and of course especially american women. because this has been a constitutional right that has been understood and reaffirmed over and over again by the supreme court. but donald trump said repeatedly he was going to appoint justices to the supreme court who will vote to overturn roe versus wade and that's what they have done along with samuel alito and clarence thomas. and they have done it in a way that i think calls into question the legitimacy of the court as an instituti

justice ruth bader ginsburg wrote a short concurrence of her own in which she said quote, laws like hp to, the lawn texas at the time, laws like this that do little or nothing for health but rather's true impediments to abortion, cannot survive judicial inspection. thanks to the united states supreme court ruling in 2016, a bunch of texas abortion clinics were able to stay open or even reopen after been shut, i can tell you that the hold women's health clinic in mcallen's clinic has reopen, and it is offering services right now, today. even in that day, 2016, when we talk to miss amy hagstrom miller, and you could hear the elation with that win for her, even on that day when the supreme court issued that definitive ruling which was such a victory for reproductive rights advocates and for the women who want that service in texas, and for the providers who are willing to provided to them, even that day there were ominous signs looming -- i mentioned that there was a five three decision, five plus threes eight, aren't there are nine justices in the supreme court? in this case, there were

justice ginsburg was appointed first, but you were appointed next by president clinton.n you got on the court, how hot it changed? was it much different? are you surprised by the changes? justice breyer: yes, i thought it was different in this respect when i clerked. i felt it was a court with a mission. what mission? 1954, the court had decided that plessy versus ferguson rightly was down the drain and legal segregation is contrary to this document, equal protection of the law. they said it in 1954 and we both know what happened in 1955. nothing. next to nothing. 1956, double nothing. 1957, a rather brave judge in little rock said those little rock nine, those nine brave black students, are going into that white school, central high school. but the governor, the governor said maybe those students have a court order, but i have the state militia and they are not. and eisenhower -- i would like to see that at monument they are building. he called in 1000 troops from fort bragg, the 101st airborne, and they took those nine black children and walked into that white school.

so i -- justice ginsburg should've retired in 2013 or 2014 when democrats were urging her and the white house wanted her to. if she, had this decision would've gone another way. justice breyer should retire now while there is still a democratic majority in the senate that can confirm his replacement. democrats in the senate, this time, or next time we have unified control, we should reform the filibuster to guarantee the woman's right to choose, which has been a constitutional line for 50 years now, is. penalty everything else we talk about ultimately could be struck down by the supreme court majority and i suspect it will be unless we are not just principled but smart and strategic and how we approach the issue. >> i think that is the bottom line and i think we cannot lose side of our political analysis in the daily hell now that is, any woman who doesn't have this choice, available to. her most tragically, young victims of incest or rape. but every woman in texas is a victim of all of that. alexei, matt, thank you so much for starting us off. clare is sticking with us for the. our com

what are the feelings among democrats about justice ginsburg's decision not to retire during president obama's tenure? >> well, it would be -- you would have to do something seriously to threaten me to get me to say anything bad about justice ginsburg, first of all. >> i'm not asking you to say anything bad about her. she's revered. but would we be in this position if she had retired? >> obviously, if she had retired under a democratic president, we would not be in this position. if we had the majority in the senate. and which we did for a period of time late in her life when she was struggling with some chronic illnesses. but like i said, i think what i would rather focus on right now is what mitch mcconnell did to block merrick garland and most importantly, what kennedy did with his very strategic retirement in order to stack the court for a more conservative view. and really what we ought to focus on is this ridiculous hypocrisy about respecting precedent. this is 50 years of precedent in the court. 50 years. so not only did these five justices throw out 50 years, they did it in the

sarah, last month, phil ginsburg talked about the baseball clinics that were going to be held at the freshly renovated baseball diamond in the bay view. and i was out there for the first day. there were about 20 players, about five coaches and there were a number of parents there as well and, number one, that diamond is absolutely gorgeous. and that goes through november the 4th. maniy blackwell has organized this. he wasn't there tuesday evening, but he does a great job. weed was running the clinic on tuesday night another apprised baseball man. so i just wanted to give a plug for what's going on at gillman and as i said, the numbers will grow as we go forward. >> clerk: thank you, commissioner. okay. we are now on item four, general public comment up to 15 minutes. this item will be continued to item eight. at this time, members of the public may address items that do not appear on the agenda. with respect to the agenda items, you will have an opportunity to address the commission when the item has reached the meeting. you can dial star 3 if you'd like to make public comment on thi