only 3 republicans senators voted no on ruth bader ginsburg in 1993.to be the most liberal member of superior court while see served, only three republican senators voted no, 7 years later, 36 republicans senator voted no on kagan. ruth bader ginsburg was more liberal and yet got almost every republican vote. kagan not quite as liberal and got next to no g.o.p. votes, something has changed. who will the president select. what will the confirmation process be like, congressman cliburn, welcome, i don't not want to ask you about any specific candidates, do you have a sense on where the process nomination stands now. >> thank you, trey. i think process is final phase. i suspect. that the president will hold to his time table of naming someone before the end of the month. and probably address that in his union address on march one. trey: you served on levels that i never reached and for a period of time i'll never reach. let me ask you, from historical stand point, it used to be folks could say, i would not have picked that burn but they are qualified, i w

feelings about justice ginsburg. i clerked on the dc circuit when she was a judge there. what i would say is i think the reason she didn't retire was not because of worries about being replaced by a black person. i think she might have even welcomed that she if you look at her descents in the affirmative at and some of the affirmative action cases the voting rights cases. she's a strong advocate for racial equality. i think what really what was going on is that she had hit her stride. she was the i guess in some ways. she was the most senior of the liberal wing and i i think she felt that she still had a lot of work to do. i don't think she thought she was going to die when she did. i wish she had stepped down too, but i don't think she had any bad intentions around it and i'll leave it there rosalind is calling in from las vegas. good morning, roslyn. good morning. thanks for taking my call. very interesting conversation. you mentioned about your father helping start a new party for blacks to be. elected to get candy selected. i think the candidates they want to be elect

he echoed the comments of the late ruth bader ginsburg and warned of the dangerous consequences of the democrats court packing threats. and i have great respect for justice breyer and the rule of law and protecting the court of an institution especially when sound principled leadership was needed. once again, i want to thank justice breyer for his service and a well-deserved retirement. mr. president, all eyes are now on the white house as we await news of president biden's nominee to succeed justice breyer. so this is the president's first opportunity to nominate a supreme court justice, he is standing at a very familiar fork in the road. outlining two separate and distinct paths. one of those are virtues leadership and could nominate someone who has credentials have deep respect for the rule of law and constitution. he could nominate someone who agrees that supreme court justices are meant to act as umpires not as players in the game. they're supposed to call balls and strikes, not to help their preferred team score a run. of course, there is another path, one that was cleared and pa

herself, ginsburg, another gender discrimination case in front of the supreme court in 1971. we're standing on their shoulders, she explained. we're saying the same things they said but now at last society is ready to listen. as you can see, murray was later the first black woman ordained a priest by the episcopal church in 1976. she gave communion at the same church her grandmother had been baptized at in 1854. descendant of slave and a slave owner, now i was empowered to administer the sacrament of one in whom there is no north or south, no black or white, no male or female. in 2010, 25 years after her death, pauli murray officially became an episcopal saint. now, while pauli was in college in the 1930s, horrific spectacle lynching occurred in marion, indiana. the murder of thomas shipp and abram smith. a schoolteacher in the bronx named abe mirapol saw the widely circulated picture and threw his outrage and sadness into a poem called "strange fruit" which he then put to music. he later adopted the children of julius and ethel rosenberg, as you may know, when their parents

hippo pool of the comet of the lake ruth bader ginsburg and what about the potentially dangerous consequences of democrats court packing threats. and as i said, i have great respect for justice stephen g. breyer's defense of the court and the role of law and protecting the court as an institution a special in the moment when sam principal needed. once again i want to thank justice stephen g. breyer forer his service in which he deserves and his well-deserved retirement analyzer now the white house as we await news of president biden's nominee to succeed justice stephen g. breyer and this is the president's first opportunity to nominate a e'supreme court justice he is standing in a very familiar fork in the road outlining two separate and distinct paths on from those paths, involves convention and virtuous leadership, president biden could select an individual who still are credentials and experience were matched by deep respect for the rule of law and the constitution and he could nominate someone who agrees the supreme court justices are meant to act as an umpire, not as players in the game

ruth bader ginsburg, o'connor, san antonia have all taken part in a memorable event. and justice breyer joins that esteemed list in 2016. we are honored to invite him back. justice breyer, as you probably know, has a long history as a legal educator and a continuing affiliation with harvard university. in fact the book that he will discuss tonight the authority of the courts and the peril of politics had its beginning in august 2021 at a presentation for the harvard law school lectured series. an educator's voice is present throughout the book as he talks about the importance of judicial power, the role of law and the role of the judiciary plays in the american body politics. for example he talks about the landmark case of the 1954 brown versus board of education decision and amplifies that through cooper v aaron which came three years later which reiterated that decision. we are happy to see he takes on this discussion about how the expansion of the courts authority and these events become key catalysts for a white wider civil rights movement that was defined in the

if you look at justice ginsburg's hearing, justice ginsburg spoke candidly about her views on how different presidents were reasoned on the merits of legal doctrines. these are things we haven't seen in recent years. there are lots of posturing and the committee will vote on the nomination and we have a tied senate, a tied judiciary committee and if there's a partyline vote it will get discharged to the floor and there is a floor vote and several procedural votes and a final vote and that is how we should expect it to proceed. how much friction is introduced at various stages of the process is what remains to be seen. you can see in real time republicans and those on the river -- on the right time to come up with what their narrative is to impose a nominee who hasn't been named yet. >> having worked in the senate for a few years, you are jaded, cynical, you know how it works but somebody watching this process, getting to know this nominee. what do you think people could expect to learn from the process and what senators could expect to learn as a courtesy visit. what is coming up in the jud

justice ginsburg was on, it was four, and they voted the same every single time. there's no real diversity of thought. it's basically generating the type of outcomes that the liberal elites and the media and academia would want to see. i feel like on the conservative side, we don't have the same guarantees when some of these cases come down the pike. if it's based on legitimate disagreements, common sense skill leah disagreed on anonymous speech. it's always our side for you will have somebody just not have the fortitude or the backbone to faithfully apply the law and constitution in situations in which it will not be popular with the elite rung of our society, where you will get smear by corporate media, where you will have law professor screeching and all this other stuff. some like justice thomas, scalia, they didn't give a dam what any of those people thought and i think they were better justices as a result. i think whoever he picks is likely to be part of a liberal block that is not going to be any different in terms of the outcomes than what we typically se

justice ginsburg spoke very candidly about her views on how different precedents, how different cases were reasons on the merits of legal doctrine and these are things that we just haven't seen in recent years in here. so you know, there will be hearings. there will be lots of posturing. and then the committee will vote on the nomination. and we have a tied senate 50-50, a tide judiciary committee, 11 to 11. this is where if there's a partyline vote it will get discharged to the floor and there will be a floorvote . and several procedural votes and then a final vote. that's kind of how we should expect this to proceed. but how much friction is introduced at various stages of the process is kind of what remains to be seen. you can see kind of in real time republicans and those on the right are trying to come up with what their narrative is to oppose a nominee who has been named yet. >> so rj having worked in the senate for a few years you are jaded and cynical. you know how this all works but if you're somebody who's watching this process, trying to get to know this nominee what do you

cnn legal analyst ben ginsburg joins me now.d i note, he is still a conservative. he was tapped in this way to be able to give some counsel. but, you know, look, this comes down to the idea of how are we in a situation, where a vice president is scrambling, at the last minute, trying to figure out do i have the power to overturn this in some way or not? what needs to be done, to really fortify this prospect and make sure it never happens, again? >> well, these were unprecedented times that really stress-tested the whole system. so the electoral count about that this all operates under is a law from the 1880s. if you are watching the gilded age, these days, they talk different back then. and so, it makes sense to modernize, streamline, make the law contemporary. >> and in fact, senator susan collins has a piece out in "the washington post" today and she is spearheading the effort -- a bipartisan effort, i might add -- to try to reform or modernize away from the gilded age electoral count act but this is actually interesting to ha

and that was because there was a political -- a presidential election when justice ginsburg died and they nominated justice barrett and they rushed that nomination through in historical time period. it's because there was an election. and that was at the leadership of mitch mcconnell. so to say that joe biden is the one politicizing a supreme court nomination is a joke. >> thank you both. i appreciate it. good to see you. so breaking tonight, as i said at the top of the show, whoopi goldberg suspended from "the view" after saying yesterday the holocaust wasn't about race. i'm going to speak with someone who was on "the view" as she apologized for those comments this morning. that's next. collagen! olay body wash hydrates to improve skin 3x better, from dry and dull to firm and radiant. with olay body, i feel fearless in my skin. >> woman: what's my safelite story? i see inspiration right through my glass. so when my windshield cracked, i chose safelite. they replaced the glass and recalibrated my safety system. that's service i can trust. >> singers: ♪ safelite repair, safelite repla

justice ginsburg was appointed next. how had it changed?as a different and were you -- was it different and were you surprised? >> it was a court with a mission. 1954, the court had decided that plessy v ferguson was down the drain. it was equal protection under the law. they sent it in 1954 we all know what happened what happened in 1955. nothing. 1956, double nothing. 1957, a rather brave judge in little rock said those little rock nine, those brave students are going into that white school central high school. the governor said maybe those students have a court order but i have the state militia. they are not. eisenhower, i would like to see that at the monument that they are building for him. he called in 1000 troops from fort bragg, 101st airborne, they walk into that white school. i would like to say that is the end of the story. it was not. what happened was after a few months the troops had to withdraw. when that happened the school board said we are not going to integrate anymore. when that happened a very famous case went to the s

justice ruth bader ginsburg disagreed dissenting saying, throwing out preclearance when it has worked is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you're not getting wet. thanks to that supreme court decision, the voting rights act of 1965 is now a ghost of its former self because with no formula for deciding which states need to get preclearance, no state has to get preclearance. instead, people who like democracy have to wait around and sue the state and local governments that pass discriminatory voting laws which as you might imagine is a lot less effective for when they stopped discriminatory voting laws. the court left it up to congress to fix it, to come up with a new formula for preclearance. spoiler alert. congress didn't do that and the supreme court in the meantime has been so stacked by ultra conservative justices appointed by the twice-impeached grifter known as donald j. trump that this is where we find ourselves in 2022. the supreme court drew up a map in alabama that it would did i butte the black vote.

i am curious as to what we can make at this point of justice ginsburg? sheryll cashin: i have find feelings about -- fond feelings for justice ginsberg. i clerked when she was there. what i would say is the reason that she did not retire was not because of worries about being replaced by a black person. she might have even welcomed at that. if you look at her distance and the affirmative action -- her stance is in the affirmative action cases, she is a strong advocate for racial equality. what was going on is that she had hit her stride, she was the in some ways the most senior of the liberal wing. i think she felt that she still had a lot of work to do. i do not think that she was going to die when she did. i wish she hadn't stepped down too. i do not think she had any bad intentions around it. i will leave it there. >> roslyn from las vegas, good morning. >> good morning. very interesting conversation. you mentioned about your father helping start a new party for black individuals to be elected if they want to be elected. can you talk about the progres

when justice ginsburg died and they nominated justice barrett, and they rushed that nomination through time period, it's because there was an election. and that was at the leadership of mitch mcconnell. so to say that joe biden is the one politicizing a supreme court nomination is a joke. >> thank you, both. i appreciate it. good to see you. >>> so breaking tonight, as i said at the top of the show, whoopi goldberg suspended from "the view" after saying yesterday the holocaust wasn't about race. i'm going to speak with someone who was on "the view," as she apologized for those comments this morning. that's next. and all night. prilosec otc prevents excess acid production that can cause heartburn. so don't fight heartburn, block it with prilosec otc. ♪ life can be a lot to handle. ♪ this magic moment ♪ but heinz knows there's plenty of magic in all that chaos. ♪ so different and so new ♪ ♪ was like any other... ♪ i've been telling everyone... the secret to great teeth is having healthy gums. crest advanced gum restore. detoxifies below the gumline... and restores by helping heal gums in

yielding justices like ruth bader ginsburg, the chief justice john roberts as well as clarence thomasthey all served on this december circuit she's currently on, and she was confirmed with all 50 democratic votes and three republicans. here's what she said about independents during that confirmation. >> i know very well what my obligations are, what my duties are not to rule with partisan advantage in mind, not to tailor or craft my decisions in order to try to gain influence or do anything of the sort. i've always been an independent judge. and i believe that that is one of the reasons why the president has honored me. >> in that process she also testified about the role of all types of diversity from expertise that can be broadly defined to one's personal experience to life experience that she argued can properly inform the human side of jurisprudence. >> the life of the law is not logic. it's experience. and so the more experiences that can be brought to bear on our complex legal problems, the better. >> since getting confirmed through what i just showed you that process, she's alr

and justice breyer, as of last year when justice ruth bader ginsburg died, moved up in seniority and is now the third person to speak around the table. first is the chief justice, then clarence thomas, then you. i know that you take very seriously the idea of persuasion, and what you might be able to do in the conference room. and i just wondered if you could talk to people about what is your thinking when you try to get colleagues who you know might be inclined to go in a different direction, what is your attitude now as a senior justice on the left. and do you feel that you've been effective in persuading your colleagues? >> you would have to ask others. i'm not the one to ask. people are always, like me, putting more weight on what i myself say. that's called ego. and the -- i can't resist telling one, because ken galbray -- >> i know this story, but you can tell it. >> he was appointed ambassador to india. and he came back and somebody said, was that an interesting job? he said it was fabulous. he said it was so interesting, i didn't think about myself for seconds at a time. so w

. >> as you mentioned, you clerk for justice ruth bader ginsburg.udge jackson, she will become the fourth woman on the court, it will be the most women who have ever been on the court. i wonder what you make about that dynamic, and what that might mean significantly in terms of the way the court runs, on the way they make their decisions. >> you know obviously today's historic for a lot of reasons. most especially that she will be the first black woman nominated, and i hope swiftly confirmed to the court. but you are right. she will be the fourth woman. this is a first. right now we have three, that is a first. it was not very long ago that justice ginsburg was the only woman on the supreme court for several years, between justice o'connor's retirement, and justice sotomayor join her on that court. she was very unhappy during those years. it is very special now to think about a court with four woman on it. we are -- when there are nine, but we are certainly making up some ground. >> law professor, amanda tyler, longtime friend of ketanji brown jacks

ruth bader ginsburg, for instance, was approved 92-3. souter and kennedy were unanimous. antony blinken and sergey lavrov have met to talk about ukraine. the white house says blinken emphasized further invasion of ukraine would be met with swift and severe consequences and urged russia to pursue a diplomatic path. the statement did not clarify. one bit of confusion, whether the russians have responded to a letter we send them containing proposals from the u.s. to solve the crisis. some reports say the russians have responded but at this point we're just not certain. we're watching both situations in washington very closely as they are so very important. >> all right, scott, thank you. >>> turning to the sports world, tom brady has made it official after so much speculation. he's officially retiring from the nfl. nbc bay area's bob redell joins us live from san mateo where tom brady was born and raised. any reaction from people who know tom, bob in. >> reporter: absolutely. we're here at the field where tom brady played football in the early part of the 1990s. if you're no

when justice ginsburg was on it was for. they voted the same every single time.l diversity of thought. it is basically generating the type of outcome the liberal elites, the media and academia went to see brett phallic on the conservative side we do not have the same guarantees and some that come down the pike. if it is based on legitimate disagreements, thomas and scaliaem disagreed on major things that can happen. but i kinda feel it is always our side for some it have the fortitude or backbone to faithfully apply the law and constitution and situations in which i will not be popular with the elite wrong of our society. will you will get smeared corporate media have law professor screeching in all this other stuff. someone like justice thomas, they did not give a damn what any of those people thought. and i think they were better justices. whoever he picks is likely to be part of it liberal block that is not going to be any different in terms of the outcomes and what we typically see. we have not had a democrat president who appointed a justice who moved to all

for a time before justice sonora mayor was put on the court, justice ginsburg was the only one on theand i clerked for her and i can tell you she was very unhappy being the only woman on the court for several years after justice o'connor's retiring. so in a manner of a little over a decade, to go from that to having potentially for women is incredible in its -- potentially four women, is incredibly good. she's a former public defender and we've never had a former public defender on the supreme court. so that, too, is important, and will allow her to bring a new perspectivto the court. we have a long history of bringing prosecutors to the court, but not defenders. jane: so does that mean she'll be more in touch with ordinary americans? just very briefly? >> yeah, i think that's part of it. but she also understands the inner workings of the criminal system deeply, and from the perspective of those who are brought through it for punitive measures. jane: amanda tyler, thank you very much indeed. and of course, we will be following that nomination process very closely. and you can find mor

course, we knew we used to hear so much about how scalia had this great relationship ruth bader ginsburg. how those relationships effect decisions and and what it means for the court and the nation is kind of what i wanted to piggyback on that ken was asking. >> yeah, thank i mean, those relationships definitely affect the outcome of cases in in some instances they actually move justices from one position to the other as they're going through the process of right of writing a decision. in other cases. what they do is just influence the outcome. well, if you want to get my vote and the vote of this other person, i'll take this position. but we're going to limit the decision the following way. i think that's especially underlining now that the court is run by john roberts. you know, the roberts court is is has a reputation of being guided by someone who wants to be collegial, wants the court to have legitimacy of that rise very much what he can to avoid really close split decisions. so i think the power of is likely to be influential inside the justices conferences time. we're out of time.

ginsburg and mr. tumlin want the roads closed. there's no question that both have engaged in an intentional effort to advance their agenda, this road closure agenda using misleading and even flat out false data and information. they have knowingly, you know, put forth user data that's corrupted that they know is corrupted in terms of user data of the closed roads. they've knowingly used false data on the safety impact that san francisco experiences when these roads are closed. they've essentially cheated on surveys and the like sending out questions having, you know, extreme surveyor bias in them. the surveys themselves having serious validity and -- i'm sorry i thought i heard somebody interrupt me. and it's clear they acted in collusion in sending out these surveys in order to help get the results in our agenda. and this is all provable. if you want to talk to the museums who aren't here today, talk to a group like open the great highway alliance. they'll make a presentation for you. and they will show you all this false informa

[laughter] david: justice ginsburg was appointed first, but then you were appointed next by presidentnton. so when you got on the court, how had it changed from when you were a clerk? was it much different, and were 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? in 1954 the court had decided that plessy v. 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. david: right. justice breyer: next to nothing. 1956, yeah, 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 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 the monument they are building for him -- he called in 1000 troops from fort bragg, the 101st

compromises on supreme court nominee say they will accept scalia's corpse dressed up like ruth bader ginsburg. say we could still compromise on some things. and finally, next thursday, you'll read you crane provocatively requests us not to iraq. it, that's our show, but get every episode an extra content at portable dot tv until next time. good night. keep fighting. ah, i look forward to talking to you all. that technology should work for people. a robot must obey the orders given by human beings, except where such order that conflict with the 1st law show your identification. we should be very careful about our personal intelligence. the point obviously is to rate trust, rather than fear i would like to take on various jobs with artificial intelligence, real summoning with a robot must protect its own existence with whose will they directly re sell, advertise, says content to us and decide who sees what content when and how much of it, facebook claims that these algorithms are there to learn about what our specific preferences. actually this is untrue. they are shaping preference. if tomorro

compromises on supreme court nominee say they will accept scalia's corpse dressed up like ruth bader ginsburg, say we could still compromise on some things. and finally, next thursday, you'll read you crane provocatively requests us not to iraq. it, that's our job. but get every episode an extra content at portable dot tv until next time. good night and keep biting. ah ah, is your media a reflection of reality? in the world transformed what will make you feel safer? isolation for community. are you going the right way or are you being that somewhere? which direction? what is true? what is great? in the world corrupted, you need to descend a join us in the depths or remain in the shallows. a digital smart city is a city that's using technology to make people's life easier to happier, collecting a lot of data to try to improve the way things are in theory, these big organizations that are amalgamating and pulling all that data together. they're not looking at you as an individual, necessarily people's data being collected or so much data that there's a real possibility of privacy violation. and

. >> reporter: biden giving queen elizabeth the ruth bader ginsburg leader in women award.hout the last 70 years she has strengthened the ties of friendship, shared ideals and faith in democracy that forever unite our countries. now amid all the celebrations, the queen's jubilee kicks off at a pretty complicated time for the royal family prince andrew is locked in a u.s. civil lawsuit. virginia guiffre has accused him of sexual abuse, which he denies according to the lawyers they have set a date to depose prince andrew and take a statement under oath they are planning to do that march 10th here in london this is really a story they're hoping doesn't distract from the queen's historic year. lester. >> molly hunter, thanks. >>> still ahead, an incredible olympic comeback story the skier who defied death to get back in the games. and save in more ways than one. for small prices, you can build big dreams. spend less. get way more. shop everything home at wayfair today. with voltaren arthritis pain gel. my husband's got his moves back. an alternative to pills, voltaren is a non-

objected when former president donald trump announced he would pick a woman to succeed ruth bader ginsburg. >> it will be a woman, a very talented, very brilliant woman. we haven't chosen yet, but we have numerous women on the list. >> reporter: when ronald reagan ran for president in 1980, he too campaigned on a promise to make history. in his case, by nominating the country's first female justice. >> one of the first supreme court vacancies in my administration will be filled by the most qualified woman i can possibly find. it's time for a woman to sit among our highest jurists. >> reporter: of the 115 supreme court justices in american history, 108 have been white men. only five have been female. a black woman has never even been nominated. >> he will choose and nominate someone who has impeccable credentials and is eminently qualified. there's no question in his mind that there is a wealth of qualified talented black women to choose from. >> reporter: and a key democratic senator says it's about time. >> i don't look as it being politicized. i look at it for being basically just a bala

also in the news the library of the late supreme court justice ruth bader ginsburg was sold at auction 2.4 million dollars was brought in from that the auction included over a thousand books. the late justices copy of the 1957-58 harvard law review that included her personal annotations sold for a hundred thousand dollars other items that were sold personalized copies of books by justices sotomayor and briar. in other news pen america has announced finalists for their annual literary awards. this year's nonfiction nominees andrea elliott invisible child taya miles all that. she carried reuben miller halfway house sarah schulman, let the record show and clint smith how the word is passed their winner will be announced at an awards ceremony, february 28th. pen america is an organization which encourages free expression in writing? also in the news christy mcclain, who is the executive director of the publishing industry analyst group npd book scan predicts that print book sales will fall this year following two years of growth. she cites the potential rise in the price of books supply ch

also in the news, the library of the late supreme court justice ruth bader ruth bader ginsburg was soldt auction, $2.4 million brought in from that. the auction included over a thousand books. the late justice's copy of the 1957-58 harvard law review that included her or personal annotationsna sold for $100,000. other items that were sold, personalized copies of books by justice diss sotomayor and breyer. of in other news, penn america has announced finalists for their annual literary awards. this year's nonfiction nominees, andrea -- ty ya miles, rubin miller, and -- how the word is pass ad. the winner will be announced at an awards ceremony february 28th. pen america is an organization which encourages free expression in writing. also in the news, christy mcclain, who is the executive director of the publishing industry analyst group npd book scan predicts that print book sales are fall this year following two years of growth. she cites the potential rise in price, supply chain issue and a change in consumer behavior as reasons for the slide. book sales were up 9% last year, over 800

what would be more america than putting a mother on high court, sandra day o'connor and ruth bader ginsburgn 2020 when amy coney barrett was nominated. you claim you wanted the court to look look america, there are 85 million mothers here, not a single one on supreme court at that time, so why did every senate democrat oppose putting what would have been the only mother, on the supreme court? joe biden had a chance to make the court look like america, but he refused. he opposed a black man, a black woman, a hispanic man and a mother, they were all qualified and would have made the court diverse but joe biden said no. a americans believe that biden should consider all nominees. why note look for the most qualified candidates, period mr. president? i am fully convinced some of nameds on the list would be black women, i could think of several right now, one would be michelle childs from south carolina, she could compete no matter the pool of applicants. she was elected to a state court judgeship in success -- south carolina a state hardly known for quotas and affirmative action, she was the mo