tell you, he's been friends with gorsuch for 15 years, advisor to neil gorsuch and loves all of his and i think it would shock anybody who knows neil gorsuch to hear that he would jeopardize the health of his colleague like sotomayor, and one of the things justice gorsuch has always made clear to me, they are all friends, have lunch together, enjoy each other's company and even in areas they disagree they enjoy their conversations together. it's probably not all the case or all rosy, but anybody who knows justice gorsuch would be surprised he would deliberately try to jeopardize the health of a fellow justice. >> john: and we know sam alito and ruth bader ginsburg were fast friends as well despite the fact they disagreed. >> sandra: i'm glad we could get that in and break through the drama happening there. see how some of the media outlets who falsely reported the fake news respond to all of that. critics are questioning whether biden has lost touch with reality when it comes to the economy. as the nation battles inflation, high gas prices and working shortages. larry kudlow, great

but, nope, not gorsuch.ker. diabetes is a huge risk factor. a report last summer 40% of people who died from covid had diabetes. those numbers may look different with vaccination and omicron but the cdc lists diabetes as a condition where people are more likely to get severely ill. having zero problem risking the life of your colleague because you don't feel like putting a mask on, you, neil gorsuch, are to rotten co-worker, dangerous to be near in a pandemic and tonight's absolute worst. that's tonight's "reidout." "all in with chris hayes" starts now. >>> tonight on "all in," all the networks are reporting new subpoenas for trump attorneys. >> oh, my goodness, all the networks! wow! >> tonight congressman adam schiff what they want to know. plus, how team trump's campaign of lies laid the groundwork foorn attempted coup. and george conway on why he says prosecutors must start investig

and i did have a source tell me that sotomayor never directly asked gorsuch to wear a mask.hing is the fact that just recently, the court did block president biden's vaccine mandate. they were on opposite sides, and during oral arguments, sotomayor spent a lot of time talking about the impact of the pandemic on people with pre-existing conditions. >> hmm. ariane de vogue, appreciate the reporting. thank you. >>> up next, look at president biden's first year in office and the challenges he has faced both here and abroad. i discovered some very interesting documents on ancestry. this is the uh registration card for the draft for world war two. and this is his signature which blew me away. being able to... make my grandfather real... not just a memory... is priceless. his legacy...lives on. - [narrator] as you get ready for what's next, custom gear from custom ink can help make the most of these moments. we've developed new tools to make it easy for you. custom ink has hundreds of products to help you feel connected. upload your logo or start your design today at customink.com

gors gorsuch wrote a concurring opinion in the osha case. osha is not agency related public health when congress has sought to mandate vaccinations it has done so expressly. we have nothing like that here. did he nail that? he also went on to say who should decide how to respond to the pandemic? the states and congress, he said. that's really the route -- given how, given how the science is changing on vaccines, health safety, who can transmit, who gets infected. this is almost moot now given what we know about omicron. >> i think the gorsuch concurrence is the one that has the legs of all the material that was written by the court. it has likely the greatest lasting power. gorsuch, i testified at his confirmation favor of his confirmation, and one of the . the role of agencies and how they're usurping a three-branch system. thus opinion really brought all of that to the forefront. in my view it was gorsuch across the bow on cases like chevron and to say that we need to bring ageny ses back under the control of congress so that they do not b

problem risking the life of your colleague because you don't feel like putting a mask on, you, neil gorsuch, are to rotten co-worker, dangerous to be near in a pandemic and tonight's absolute worst. that's tonight's "reidout." "all in with chris hayes" starts now. >>> tonight on "all in," all the networks are reporting new subpoenas for trump attorneys. >> oh, my goodness, all the networks! wow! >> tonight congressman adam schiff what they want to know. plus, how team trump's campaign of lies laid the groundwork foorn attempted coup. and george conway on why he says prosecutors must start investigating donald trump. and the fight for voting rights finally begins on the senate floor and the shocking report of a supreme court justice and his refusal to wear a mask to protect his supreme court colleague. "all in" starts right now. >>> good evening from new york. i'm chris hayes. tonight the committee investigating the seditious conspiracy to overthrow the 2020 election has moved one step closer to donald trump himself who by all accounts is not close with many people. but for years especially

and i did have a source tell me that sotomayor never directly asked gorsuch to wear a mask.important thing is the fact that just recently, the court did block president biden's vaccine mandate. they were on opposite sides, and during oral arguments, sotomayor spent a lot of time talking about the impact of the pandemic on people with pre-existing conditions. >> hmm. ariane de vogue, appreciate the reporting. thank you. >>> up next, look at president biden's first year in office and the challenges he has faced both here and a i broad. abroad. so you won't have a medicare in the world. ♪ ♪ plus, 90-day refills and same day delivery. larry? that's even less to medicare about. fill your medicare prescriptions with walgreens and save. ♪ ♪ you're a printer, you're supposed to print!!!! uuuuuu! i mean is it the cartridges? i don't know! magenta! do you suffer from cartridge conniptions? be conniption-free, thanks to the cartridge-free epson ecotank printer. a ridiculous amount of ink! and a set of replacement bottles are equal to about 80 cartridges. it's a perfect cure for-- i tho

in a rare statement, look what the chief justice roberts and gorsuch said.y by nina totenburg was wrong and incorrect. >> exactly. what i hope is that, the sullivan case may come up for review because we need them to knock that down and not make it more difficult for public figures be able to sue people for defamation, for slander libel. i'm hoping this encouragement for the supreme court to do that. now they have gotten a taste what the rest of us get all the time. elizabeth: congressman, the media reacting to the biden agenda failing and vote reform failing, the filibuster is staying in place. democrats failing on that. congressman i would like your reaction to this, watch. >> the more we learn, the more we learn there really was an attempt to overthrow our democracy. >> often times democrats say, oh, democracy are in peril. people are saying you guys act like the sky is falling. not just democrats, republicans, independents, our democracy thing should not be partisan thing talking about, assault at the state legislature level. >> we're seeing nothing shor

let's just say that justice gorsuch justice thomas justice alito. so there's no that is a conservative court right now. the question is really how far they're going to go. and today there's at least a healthy, break on at least one of these cases. uc hastings law. professor little, thank you again for helping us sort through this latest decision by the supreme court. >> globally, the pandemic has caused more than 2 years of uncertainty. lockdowns, confusion over the safety and efficacy of the vaccine and the need to adapt to new variants. the question now is what happens when omicron phillipe djegal talked with the public health officer. he discusses what may be next. >> doctor matt willis believes covid-19 will continue to mutate and spread in our communities indefinitely. but the severity of illness will diminish with each variant. >> look no further than the difference between alpha, the first rain of concern, then the highly virulent delta variant. >> and now omicron which is highly transmissible but causes less severe symptoms. and i hear that,

gorsuch and sotomayor put out a statement denying any tensions.rts released a statement refuting the claim saying i did not request gorsuch or any other justice to wear a mask. npr's editor climbed in saying the story merited a clarification but not a correction. totenberg told "the daily beast" she doesn't care about what the public editor says. what is this about? this is about one word, the word ask and whether roberts asked everyone to wear masks or whether he, i don't know, i guess he could be suggested they wear masks. what do you think is really going on here? >> i think it's also about how opaque the supreme court is as an institution. congress has rules about whether you wear the mask, when to wear masks. the executive branch has rules. the supreme court doesn't tell us what its rules are. there is a mask mandate in the district of columbia. i don't understand why neil gorsuch wasn't wearing a mask especially as matter of courtesy, he could have worn one considering the medical condition of the woman who sits next to him. nina totenberg w

. >> can i follow-up on justice gorsuch's question? maybe i am misunderstanding your position to be that in 1806 c, intends to enter into evidence, or otherwise use or disclose and it is not simply in a trial but otherwise use or disclose at any trial, hearing, proceeding in or in front of a court, office, regulatory body, or other authority of the united states, i understood you to be saying, in all of those situations you may not be introducing into evidence, but you might be using the evidence, bringing it before a regulatory body in some way that is not a proceeding? >> that is precisely our explanation. one other clue to this is the very same phrase "intends to enter into evidence or otherwise use or disclose in c" is used in e, which says any person against whom evidence obtained will be introduced or otherwise used or disclosed, may file a motion to suppress. i think that links c's language about use to the motion to suppress, which is the way, again, e uses the very same language. f is about the procedures for suppression. g th

let's bring in mike davis, a former law clerk for justice neil gorsuch.ng news with us. these are people that you have intimate relationships with and you have spent a lot of time with those on the court. give us your thoughts in this moment as i go back to jennifer griffin's reporting about it seems that the justice wants to get it out there, although we are still waiting on a formal statement, that he was not forced out, and that this is a decision that he made on his own. what can you add to this? >> justice breyer is a good man. he was very good to my former boss, justice gorsuch and law clerks including me when we joined the courts. he has shown independence as a justice, he has been very outspoken about the democrats pushing to pack the supreme court. justice has come out and said it's a bad idea. there's no way demand justice or the left wing groups forced him off the bench. i would note it is surprising that the white house, the biden white house let this announcement leak and they let it get out there before justice breyer had the chance to make

>> i think it's the other way around with all respect, justice gorsuch. this is a case in which the ninth circuit relied on a statutory holding which could have ramifications much more, much broader than this. but the point about the court deciding it, it would require an alteration of the judgment because the court decided the state's secrets privilege could be invoked and maybe even the dismissal remedy would be available in the court of appeals' view on remand. so it's not properly before this court without a cross petition. >> justice kavanaugh? >> several questions mr. kneedler. is it your position that issue is before us? >> i don't think it is. it has been advanced for an alternative ground for affirmance but i think would require an alteration of the judgment. it does seem to us that the statutory question is and the seedent the way the court looked at it and if the court was wrong it should reach the question of dismissal and i would think this court would want the ninth circuit's view of looking at the evidence as this a case where dismissal mig

they all did except gorsuch.s meant that sotomayor has not attended the justice's weekly conference in person instead joining by telephone, end quote. it is part of the reporting. shannon bream covers the court and doing her own reporting. nice to see you. could you illuminate us on what in the world is happening in those marble halls? >> you know, good morning, guys. i saw the story tuesday coming out of npr and i thought i need to run that down. it doesn't sound exactly right to me. let's see what i can find out. digging around with my sources at the court and getting a totally different story. the source says the chief justice never made a blanket request of anybody or everybody to wear a mask. there wasn't really this friction going on. there hadn't been a request from justice sotomayor to gorsuch. it didn't add up. we went to air with that tuesday night and there were a lot of people who ignored our reporting on that and ran with the original story. yesterday the key players much more important than anything

gorsuch to wear a mask surprised us, it is false.n chief justice roberts, again happened during this hour yesterday, put out his own statement. i did not request justice gorsuch or any other justice to wear a mask on the bench. and to your point about trying to sow division, this was a little bit of that npr original report that tried to obviously pit the justices against each other by writing this. gorsuch, from the beginning of his tenure has proved a prickly justice, not exactly beloved by his conservative soulmates on the court. astounding from the support he has received in the wake of the report. >> liberals in the media and appears to be they are liberals in the media, they want to pit these justices against each other but also will take any opportunity to make any conservative, especially a trump appointee, look bad. they have to do that, they have to make conservatives look bad. whether it's the truth or not. now, the journalists have not only a duty but oath and not lies or gossip, and why their allegiance to the agenda is

kneedler, can i follow up on justice gorsuch's question? thought it was your understanding that it 1806(c) says that it is not to disclose at a trial but it is to disclose before a court or any other regulatory authority of the united states. i understood you to be saying, well, in all the situations, you may not be introducing into evidence but you might be using the evidence, bringing it before a regulatory body in some way that is not a proceeding. or am i missing something? >> that is precisely our explanation. >> okay, sorry, go ahead -- >> we concluded, this very same phrase, enter into evidence or enter and disclose in c, it is used in 80. -- otherwise used or disclose, may file a motion to suppress. so i think that links c language about use to the motion to suppress, which is the way in which, again, he uses the same language. and then f is about the procedures for suppression and g, then, says that if the government -- if the district court determined that surveillance was not lawful, it should suppress the evidence, which was unl

there was also no refusal by justice gorsuch. taking the bench for argument. bret? >> bret: there you go. straight analysis for us. we will see you tonight, shannon. thanks. tonight we look at one of the tragic consequences of the pandemic the loss by children of adults who were crucial in their lives. it's causing major problems, obviously for many kids who are experiencing significant developmental issues. here is correspondent gillian turner. >> the nih reports over 140,000 children in america have lost a parent or primary caregiver to covid. that's roughly one in every 450 children and other groups say the number is even higher. 70% of children who lost parents during the pandemic are just 13 or younger. that parental death toll is now prompting experts to warn america's kids suffering ongoing secondary tragedy caused by covid. doctors say the resulting trauma in kids is unlike anything they have dealt with before. >> you can't focus on geometry or multiplication tables when you are worried that mom or dad might not be alive

they asked to mask-up they all does seven gorsuch.ly one to wear a mask on the bench now participates remotely through audio through chambers, according to npr, gorsuch has proved a prickly justice. and of course, perhaps, gorsuch it should be he reporting remotely. >> and ghislaine maxwell request seeking a new trial, maxwell was convicted last month on five counts of sex trafficking and other charges for recruiting teenage girls for late finance sere and convicted sex offender jeffrey epstein. maxwell faces up to 65 years in prison. >>> two teenagers take in custody in uk in connection with the texas hostage synagogue incident will be released and not charged. morgan chesky has that story. >> reporter: a new image shows them arriving at a dallas calling center january 2nd. >> he fit into the regular crowd like any one of us would. >> reporter: the pastor ceo said akram was dropped off by a man they appeared to know. >> it wasn't just a high five. it was an embrace. >> reporter: nbc news has learn ed that akram paid for his new fligh

i think the justices would be more open to a legislative sotion than what gorsuch said was a kind ofkaround agency by agency that the biden administration is trying to do to impose these mandates without congressional approval. laura: that is the scene in washington. around the world, other countries have lamented sweeping vaccine mandates. wednesday, italy made vaccinations mandatory for everyone over the age of 50. a similar mandate will take place later this month, and austria plans to make vaccines compulsory for anyone over age 14starting in february. as the omicron variant surges, how effective are these mandates at curbing coronavirus cases? dr. jeremy faust is an emergency physician at brigham and women's hospital. welcome back to the program, dr. faust. given how many breakthrough infections there are from the omicron variant, our vaccine mandates really effective? dr. faust: thank you for having me back. i think vaccine mandates are effective. we have a lot of research to show from past experiences that changing exemption rules to make them stricter get people to do what th

during neil gorsuch's confirmation hearings in march 2017, sullivan was actually one of the few cases he agreed was federal law. >> supreme court has special protection when we're talking about the media, the press, in covering public officials, public actions. proof of actual malice is required to state a claim. that's been the law of the land for, gosh, 50, 60 years. i can point you to a case in which i've applied it and i think it might give you what you're looking for, senator in terms of confirmation. >> but then this past july in dissenting in a case that the court declined to hear, gorsuch joined justice clarence thomas saying that the court should revisit the breadth of the sullivan ruling and complain how it applies to social media and technology companies. gorsuch wrote, quote, not only has the doctrine evolved into a subsidy for published falsehooded than could have predicted. clarence thomas wrote that the court's earlier pronouncements that the first amendment, quote, required public figures to establish actually malice bears no relationship to history or structure of the

"but then chief justice roberts stepped in saying he never asked justice gorsuch or any of the justicese been on top of this. i invite anyone here to put their sources up against nina totenberg. well, you did it, and you are absolutely correct. >> this is what we all do. of all of our colleagues here at fox try to run down stories and you try to go to the source. i started to send out my own inquiries about this and got an answer, and i was told unequivocally that it just wasn't true, the chief had not gone around to different justices and asked them to comply, and there had been refusal and the chief stormed off the bench, but i'm glad to see, it's much more important than my reporting and they decided to come out and set the record straight. i think it's clear. npr and they would like to stand by the story and say that they do but, the chief had in some way and some form asked folks to match mike mask up. his statement yesterday could not be more clear and that did not happen, so i'm not sure how you stand by the original reporting. >> emily: and that's what so curious. you did have o

but i would say justice gorsuch. >> that's great to the panel for joining us to close out the day andou to everybody for joining us with a great discussion on and justice thomas legacy. tonight live stream and c-span will be covering a very special event over justice thomas and leader mcconnell and his 30 years on the court. thank you for everybody's time and 25 more years. [applause] be

but i would say justice gorsuch. >> that's great to the panel for joining us to close out the day andou to everybody for joining us with a great discussion on and justice thomas legacy. tonight live stream and c-span will be covering a very special event over justice thomas and leader mcconnell and his 30 years on the court. thank you for everybody's time and 25 more years. [applause] be five department needs improve. >> subcommittee on oversightove. management accountability will come to order. without objection, the chair is authorized to declare the subcommittee in recess at any time. let me begin by thanking everyone for joining us today. this month, as you know, we commemorated 20 years since the tragic 9/11 cowardly attack on our country that essentially led to the creation of homeland security and this committee. as we look back on the last two decades, it is

justice sonia with diabetes took part in oral arguments via zoom because of gorsuch refusing to wearfor joining us this morning. what happened here? >> well, she has diabetes so she's at risk for serious illness or death if to catch covid and zest been quite aggressive about protecting her herself, the court only went back to work this fall when cases were way down and now they're way up and she made clear to the chief justice and others i assume that she really would not be there in the court room in person if other members of the court weren't wearing a mask. i mean, everybody else in the courtroom you understand is wearing a mask. it's only a select group of reporters and the court staff and we all wear masks and the court has not been wearing masks but given the uptick and that's mildly putting it in d.c. that's been a center of the omicron surge, she said she wouldn't go if everybody in the courtroom wasn't masked so the other members of the court masked up but she did not and it was arranged for her to be able to participate with a microphone setup in her chambers instead and t

>> i have to start, justice gorsuch, by saying that's not this statute. this statute does not advantage the federal fisc. it expressly calls for reallocating the funds among other hospitals. and as i said in direct correspondence with the $1.6 billion adjustment hhs made in this case to align 340b's hospitals reimbursement it reallocated -- >> to other more favored providers. these providers wouldn't be here if they weren't hurt, right? you don't dispute the 340b hospitals have a complaint? >> i don't dispute they have a complaint. i would point out as i think i did earlier they actually benefit from the 3.2% increase as well. if you read the amicus brief it cites a study indicating nearly half of 340b hospitals come out ahead under these rules. we're not disputing their standing. they have an interest in obtaining the higher -- the extra payments but i do want to take issue with the characterization of the statute is one meant to advantage the federal government because the budget neutrality requirement makes clear that's not how this particular statute

he added his own statement as well, quote: i did not request justice gorsuch or any other justice tor a mask on the bench. roberts also indicating he is not going to be commenting any further on this story. bret? >> bret: all right, shannon bream, bringing us the true story all the way from the beginning. shannon, thanks so much tonight. stocks were down today. the dow lost 340, the s&p 500 fell 44, the nasdaq dropped 167 to close in correction territory. up next an arrest in the brutal murder of that college grad student in los angeles. we'll take you there. here's is what some of our fox affiliates around the country are covering does not feel safe when riding the subway. adams has found himself on the defensive about comments he made about the overall safety of the nation's largest subway system. fox 13 in seattle starbucks no longer requiring its workers to be vaccinated against covid-19. that reverses a policy announced earlier this month. it comes after last week's supreme court ruling rejecting the bid administration's mask mandate for large private businesses. and this is a l

is the guy who touches every bagel before picking one. [ laughter ] you guys remember neil gorsuch heto work for the law firm, rogan, hogan and facebook [ laughter ] hey, i saw a news anchor in mexico who looked like he finally hit his breaking point with people who won't get vaccinated check this out [ laughter ] [ cheers and applause ♪ >> jimmy: yes! you know that's how dr. fauci feels on the inside. [ laughter ] hey, i heard that today former new york city mayor bill de blasio announced that he's not running for governor of new york. he then -- [ applause ] [ laughter ] he then waited over ten minutes for someone to say, "aw. [ laughter ] yep, de blasio won't run for governor he said he wants to spend more time at home being booed by his family [ laughter ] did he really have to announce that i mean, he might as well have announced that he won't be performing at the super bowl halftime show. it's like, "yeah, we know. some business news here, apparently airlines are dealing with the ongoing pilot shortage by raising pay and lowering the requirements [ laughter ] passengers said, "t

npr reported that she joined oral arguments remotely because gorsuch was not masked.it stands by its story democrats in the u.s. senate pushed again this evening for voting rights legislation -- but republicans moved again to block it. democrats claimed new state voting laws smack of jim crow segregation. two black senators south , carolina republican tim scott and new jersey democrat cory booker, clashed on that point. >> to have a conversation and a narrative that is blatantly false is offensive, not just to me, or southern americans, but offensive to millions of americans who fought, bled and died for the right to vote. so if we're going to have an honest conversation about the right to vote, let's engage in that based on the facts othe laws that are being passed. >> don't lecture me about jim crow. i know this is not 1965. that's what makes me so outraged. it's 2022. and they are blatantly removing more polling places from the counties where blacks and latinos are overrepresented. i'm not making that up. that is a fact. stephanie: breaking news tonight, the bill h

dangers of the variant to chief justice john roberts but that she, herself, did not directly ask gorsuchne. >>> voting rights on the ropes. americans worried about the economy. it's been a tough first year for president biden. what's ahead in the second? so when she moved in with us, a new kitchen became part of our financial plan. ♪ ♪ find a northwestern mutual advisor at nm.com on fanduel sportsbook, new customers can bet 30-to-1 odds on any team in the playoffs. ♪ ♪ so you can make every catch... ♪ ♪ feel like the catch of a lifetime. ♪ ♪ ♪ ♪ new customers can make every moment more during the nfl playoffs with 30-to-1 odds on any team to win their playoff game. bet $5 to win $150. only on fanduel, america's number one sportsbook. we're carvana, the company who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real

justice gorsuch? >> a couple of questions, mr. keller. first of the government says the major questions dr. -- doctrine does not apply to the court's consideration of this case or any other unless the statute before us is first found to be ambiguous. what is your understanding? >> two points, if you need to even reach the question on whether there is ambiguity that would be a term where potentially the government, and their interpretation would reach ambiguity. the major questions doctrine is also in service of avoiding nondelegation concerns. the nondelegation concerns that this court recognizes in industrial union -- >> sorry to interrupt you, that was not my question i apologize if i did not make it clear enough. the government says we only concert those doctrines, i think the court understands what they are. only consorts -- consult them after finding statutory can ambiguity. >> i disagree that the major questions doctrine is also a doctrine that would avoid nondelegation concerns. even if there were clear can statute -- statutory con

[laughter] all right, dagen, you've got the masking study, neil gorsuch, the lady in the trunk.? >> the kid in the car was 13 in the trunk. that's a lot more cool riding in the trunk than in the car with your mom. i will see kat's rosacea and raise her chronic stars and blepharitis. >> i don't have that! >> that's in your eyes! how do you get the mask up to your eyes, you weirdo?o? >> i am here to bring you news: the instances of eye infections and blepharitis, eye problems, have gone through the roof, like 50% increase, doubled since covid because of the mask. p it causes excess oil production in your eye glanced. i have a mask on. "ignore this giant sty, this goiter on my neck that is the size of kermit the frog." [laughter] i have fairly decent teeth, all i got going for me. don't look at mike rowe's feet. [laughter] i need the opposite of a mask. [laughter] >> the form -- i was recently on the "gutfeld!" show. >> that could explain what happened to pelosi's eyebrows. if it all moves upward -- her eyebrows, have you seen them lately? those worthy arches.rc of these three stor

you would o justt expect from a mansplaining like neil gorsuch. well,, it turns out the story wasn't true . oops, sorry about that . and yet we kept listening to npr anyway because npr is abouty so much more than facts. npr istu about attitude and styn . it's about making mostd entitled people in this country feel even better about themselves. it's about saying things that are off the charts crazyts but sang them in a smug singsongy tone that suggests they've always been true . it is highly compelling radio. honestly, we can'tng turn it of last week we told you about recent npr segments on anti diet dieticians and fitness experts who hate fitness and eat too much ice cream. wewe thought it couldn't get better than that , but oh boy were we wrong. t now npr has taken up the vital topic of gender identity at elite women's colleges. holy smokes. it's a cornucopia of awesome. >> listen, women's colleges are adapting their admissions policies to reflect a shift in the waya that people. understand gender . some students identify as transgender or non bi

except gorsuch. who as it happens, sits next to sotomayor on the bench.ibes gorsuch as quote, a prickly justice, the latest conflict comes as the court examines pivotal issues like roe versus wade, vaccine mandate all where they describe is an unusual level of tension among the justices themselves. npr says this, quote, anyone who regularly watches supreme court arguments is used to seeing testy moments in both big and little cases, but you don't have to be a keen observer these days to see something is happening. joining our conversation, msnbc contributor, voice vance and brian is here. so the supreme court is very opaque. they're not, there's not like a white house press that reports out. there's not a lot of behind the scenes color, but to read the reporting who really is a true insider well sourced on the court sort of confirms what it looks like from the outside and i wonder if you can speak to the last places where i think people thought there was some decorum to learn there is none. >> one of the things we know about the court is that it is very o

>> justice gorsuch? >> the major questions doctrine and federalism canon do not apply to this court's consideration of this case or any other unless the statute before us is at first found to be ambiguous. what is your understanding? if you need to even reach the question of whether there is ambiguity, it has to be indispensable or essential. -- >> the major questions doctrine is in service of avoiding nondelegation concerns. the nondelegation concerns this court recognizes -- >> that was not my question. the government only consults those doctrines after finding a statutory ambiguity. do you disagree? >> the major questions doctrine would avoid nondelegation concerns so even if there were eight players that were tory term nondelegation concerns -- there is plenty of room to implement the major questions doctrine. >> secondly, i would like to understand your argument and your colleague's argument from ohio why the court should enter a stay immediately? why should the court grant immediate relief? >> as s

gorsuch was spot on, spot on. this is not a grave and imminent danger to american society. the fifth circuit said that, gorsuch said that and we think they are going to rule in our favor, heavily in our favor and we are excited to see that. >> john: fifth circuit court of appeals agreed with you but the sixth court did not. the white house insists it has legal authority to do this. the press secretary saying the need and urgency for the policies is greater than ever and are confident in the legal authority for both policies. but attorney general for louisiana jeff landry said an important constitutional principle at stake. >> can the federal government force you into a medical procedure, that's at stake. if that is the case, we are no longer sovereign individuals, we are basically serfs of the federal government. >> john: can the federal government force you to a medical procedure, what's at stake here. you said in the opinion piece i simply will not do it, immoral, unfeasible and illegal. if scotus were to implement the mandate you would be facing some pretty serious econo

[laughter] all right, dagen, you've got the masking study, neil gorsuch, the lady in the trunk. the kid in the car was 13 in the trunk. that's a lot more cool riding in the trunk than in the car with your mom. i will see kat's rosacea and raise her chronic stars and blepharitis. >> i don't have that! >> that's in your eyes! how do you get the mask up to your eyes, you weirdo? >> i am here to bring you news: the instances of eye infections and blepharitis, eye problems, have gone through the roof, like 50% increase, doubled since covid because of the mask. it causes excess oil production in your eye glanced. i have a mask on. "ignore this giant sty, this goiter on my neck that is the size of kermit the frog." [laughter] i have fairly decent teeth, all i got going for me. don't look at mike rowe's feet. [laughter] i need the opposite of a mask. [laughter] >> the form -- i was recently on the "gutfeld!" show. >> that could explain what happened to pelosi's eyebrows. if it all moves upward -- her eyebrows, have you seen them lately? those worthy arches. of these three stories, which

justice gorsuch? >> this statute, all my kenosha statute, contains an expressed limitation on the secretary's authority that we have not discussed. one of the things it says the secretary shall not control the tenure of employees that covered health care facilities or the compensation or selection. this regulation the other side will say, so i wanted to hear you have a chance, at this effectively controls the employment of individuals at health care facilities in a way that congress prohibits. as i understand your response, we are providing money -- we are not providing money, we are not controlling who you hire. i might understand that in some circumstances but a statute where everything is about spending, suspending, i would have thought that congress would have understood and we should interpret the sling which in that light, you cannot use the money as a weapon to control these things. as you know, the court has some commandeering law, you cannot always use money and claim you are not controlling

then after the 2016 election, he led the senate through not only the confirmation from neil gorsuch and later brett kavanaugh and amy barrett. but ensured a record number of judicial confirmations including to our critical federal courts of appeal. 30 years ago clarence thomas became a member of the supreme court our keynote speaker voted invade in favor of that confirmation. just as higher young law clerks and justice thomas is known to look for certain qualities in those clerks. a very long list of those law clerks are now federal judges on the circuits catches rouse strauss. ho rushing eyed miller. on the district court's pack hold my cell nichols on the tax court toro and the armed forces court of appeals mags and hardy. according to a 2019 article in the atlantic justice thomas has had more of his former clerk's nominated to federal judgeships under president trump. did any other justice passed or present? and not to be outdone judges the par bush now bandian and walker where shall we say recommended to the white house to be judges by our keynote speaker? all those nominees were co