joan biskupic, stand by. i'll bring you back on this ruling. let's get the actual decision from jessica schneider. jess, explain this next case and how the court came down. >> reporter: this relates to immigration, poppy, and the court actually coming down in favor of the biden administration here, saying that the biden administration does have the power to end the trump policy remain in mexico rule. however, the biden administration now needs to go back to the lower courts to work things out. so it's not exactly like this policy is going to end tomorrow. so let me explain a bit. this remain in mexico policy has been in effect since 2019. it said that nonmexican migrants that came into the u.s., they could be turned back to mexico to be held there while their immigration proceedings were ongoing. critics disputed that saying it was inhumane, they should be let into the united states to remain there while their court proceedings played out. so the biden administration wanted to end that policy. lower courts had said biden administration, they di

cnn's supreme court analyst, joan biskupic is here with us.lematic element for the justice, the actions of his wife, what position does that put the court in? >> good afternoon, it's just such a difficult time already for the supreme court right now, victor. figure they've got 18 more cases to go in the next couple of weeks, abortion, guns, religious liberty, and now they're again thrust back to the turmoil of the 2020 election and potential conflicts of interest between, you know, politicians' effort to throw out the leelection to han it over to donald trump, and one of the justices. the latest revelations about communications between ginni thomas, the wife of clarence thomas, and john eastman who as you say was at the lead of encouraging vice president pence not to certify the election and to give donald trump a second term. now, ginny i thomas has said sh and her husband don't talk about work, they are in separate legal lanes, as she put it, but they were on parallel tracks at the same time, just as ginni thomas was involved with trump's le

. >>> jennifer rogers, cnn legal analyst and former federal prosecutor, and joan biskupic. jennifer, i wanted to start with you, i think there are a lot of people at home who are wondering this. does this ruling create an opening to criminalize travel to other states if you are seeking abortion services, whether it's the services themselves, or what about the criminalization potentially of medicine related to abortions that could travel to state to state or could be transferred state to state, is that possible? >> we know that in fact states are already moving to try to make those things criminal, the travel to other states. missouri has tried to criminalize abortion, if someone got pregnant within the state, no matter where they are when they have the abortion, and we know abortion pills are under attack as well. there are questions about the constitutionality of laws that try to prohibit people from traveling state to state. so i do think there will be legal challenges if and when states enact laws like that, and they are susceptible i think to successful legal challenges

i want to talk about the state of the court with our own joan biskupic. tonight particularly. you are the expert on what the supreme court is doing, a noted biographer on many of them as well. i'm glad to have your expertise. for people who are hearing about consistently the spouse of a supreme court and thinking about, hey, i thought even a hint of impropriety forced a judge to recuse him or herself. you're laughing because those rules don't really apply to the supreme court. what are the parameters? >> it's really in the hands of each individual justice. remember, each of these nine justices are appointed for life. they do have ethics guidelines. they do -- they are part of a federal -- they fall under a federal law that says if there's an appearance of impropriety or a conflict of interest or a reasonable person could suspect that there would be a conflict, then the person should recuse. but that is a very subjective judgment. and chief justice john roberts as said that he trusts that his eight colleagues will be able to make that judgment. and it is i

now to discuss, cnn chief media correspondent, brian stelter and joan biskupic.al background to this? >> yeah, it's wildly vague and could rewrite the rules of the web. that's why it's so important for the courts to be examining this. this originally passed last year in texas. here's a description of the law. it applies to companies that have more than 50 million or more monthly users. in other words, facebook, twitter, google. it makes it illegal to block, ban, remove, deplatform, demontize, deboost, restrict, deny equal access or visibility to or otherwise discriminate against expression. it would stop twitter and others if from moderating any content at all. in the buffalo supermarket attack, films himself attacking people in that store. that video was taken down by likes of twitter. but theoretically, under this law, that video might have to stay online. the most vitle would have to sty online because of the texas law. he said users are discriminated against. the idea that conservatives are being censored online is one of the animating forces of the gop, even

it just wasn't time. >> gloria borger, joan biskupic, elie honig, thank you very much. our coverage of this historic day at the supreme court continues. we'll talk to two republicans on opposite sides of the abortion issue next. ll hanging around. younger zoe: i'm listening to music. youngeger zoe: you are a libra and he is a pisces, that is like a cosmic dungeon. older zoe: you know what, canan you? younger zoe: cosmically, no. that's's why i only date musicians. younger zozoe: what are you guys eating? older zoe: it's lasagna. younger zoe: (chewing sounds) younger zoe: i love lasagna, that's you guys. so today, let's paint... ...with behr, america's most trusted paint brand, and make your home, yours. behr. exclusively at the home depot. dad, when is the future? um, oh wow. um, the future is, uh, what's ahead of us. i don't get it um, the future is, uh, what'yeah.ad of us. maybe this will help. so now we're ithe present. and now... we're inhe future. the all-electric chevy bolt euv with available super cruise™ for hands-free driving. - dad. - yeah? do fish get thirsty

, the singular occasion spotlights associate justice stephen breyer and also cnn legal analyst joan biskupic. let me first start by introducing justice breyer. the smithsonian has a long and valued connection with the supreme court. by tradition, the chief justice is a member of the board of regents and the collections and encompass countless holdings that help us tell the story of the courts a vital role in shapingg our democracy. justice sotomayor, ruth ginsburg, sandra day o'connor and antonin scalia have taken part in memorable smithsonian events. and justice breyer joins that esteemed list in 2016 and we are honored to invite him back. justice breyer as you probably know has a long history of legal education and continuing affiliation with harvard. innu fact, the book that he will discuss tonight, the authority of the court and the peril of politic had at the beginning in august of 2021 for the harvard law school lecture series. an educator's voice is present throughout the book and he talks about the importance of judicial of law and the role that the committee's into the american body

appropriately the singular location spotlights associate justice stephen breyer and also cnn legal analyst joan biskupicirst start by introducing justice breyer. smithsonian has a long and valued connection with the supreme court. by tradition, the chief justice is a member of the board of regents, and our collections and countless holdings that help us tellsm the story of the courts vital role in shaping our democracy. t justices sonia sotomayor, ruth bader ginsburg, sandra day o'connor, antonin scalia have all taken part in memorable smithsonian associates defense. and justice breyer joins that esteemed list in 2016, and we're honored honored to invite him back. justice breyer as you probably know has a long history as a legal educator, and continuing affiliation with harvard university. in fact, the book that he will discussk tonight, "the authority of the court and the peril of politics," had its beginning in august 2021 at the presentation for the harvard law schools scalia lecturedoo series. and educatorsie of voice is present throughout the book as he talks about the importance of judicial power,

me is cnn chief legal analyst jeffrey toobin and cnn legal analyst and supreme court biographer joan biskupic. jeffrey, we'll get to roe v. wade. but first on the breaking news. what's your reaction to this latest religious liberty case? >> it's completely consistent with where the conservative majority has been going on a variety of cases. and the overall idea is, there are two religion clauses in the first amendment, the establishment clause, which says this state cannot establish a religion, and the free exercise clause, which says individuals have the right to freely exercise their religion. what the court is doing is shrinking the establishment clause and expanding the free exercise clause. those are often in tension with each other, as in this case, because the school board was saying, look, you know, you as an authority figure on the field were essentially establishing a school or state religion. what the coach said was, no, no, no, i was just freely expressing my own religious beliefs. those arguments, free expression, are trumping the establishment clause argument in case after case,

i really appreciate joan biskupic being here, sort of the chief justice roberts whisperer here at cnn. what are your thoughts? i'll read some during the course of the program, such as this. what do we have? roe versus wade is not dead. the people have the last words in the coming 2022 ballot. make no mistake, the gop just lost the american suburbs for a generation. you know what's interesting about the observation you make about -- so many things i wish to be able to say about it, but i'll focus only on suburbia. keep an eye on former president trump. he didn't take a victory lap, did he? after the draft alito opinion was released and maybe you say, well, he wanted to know if it was for real. he's really not taking a victory lap now. and maggie haberman has a good piece in the times today saying what he says privately and what he says publicly are at odds. and that privately he's worried as that tweet just evidenced that maybe in suburbia this plays poorly for the gop. we'll find out. >>> okay. you already know the survey question because i gave a sneak peek to joan. but here it is, g

chief legal analyst jeffrey toobin is here and supreme court biographer joan biskupic as well. jeffrey, let's start with the epa decision. how much do you see this when you look at how the majority opinion was written, how much is this going to tie the hands of the agency going forward? >> a lot, a lot. you know, this has been a tremendous goal of the conservative legal movement for decades. which is restricting the power of federal agencies. the gist here is, you know, the congress passes laws that are necessarily general about the environment or about financial regulation. and then the allocate the power to write regulations and interpret those laws based on the expertise that they have. what conservatives have been saying is, no, no, no, we want to limit the agencies to the precise words that congress has passed, and anything outside the precise words that congress passed is illegitimate exercise of power by these unelected bureaucrats. that's what the court decided today, which was we are not going to allow the epa to regulate outside of precise words of the statute. what t

cnn's supreme court analyst joan biskupic is here to join the k conversation. , we knew this was coming. it is extraordinary to see this conservative court stake out their ground so boldly on this issue so quickly. >> it is so true. exactly what the dissenters said is right. and, in fact, mississippi, when it first appealed this case to the court, only wanted the justices to uphold the 15-week ban. once amy coney barrett was in place, and this very potent five justice block was apparent, that's when they asked for roe to be completely overturned and that's when the court moved aggressively. >> and chief justice roberts explicitly criticized the court's decision to do it and mississippi's play to change the scope of the case. chief justice roberts, you've written a whole biography on him. the consensus this weekend is that this is a chief justice who has lost his power. what does that mean for the court? >> it means it is lunging far to the right on many issues. but i do want to add a caveat, the chief obviously lost the court on a defining case of his generation

by the way, joan biskupic, the cnn reporter who broke the story saidd this about law clerks looking torneys. . tch if they obtain counsel, they will. new suspicions come to them. but as we all know, our lives . e on the cell this has nothing to doin with from their point of view whethert her they talk tobu journalists but rather all the kinds of personal information, images, data attacks that are on our personalio cell phones. reaction to that , would they be worried? i mean, i think the marshals office is interested in like looking out there, right? i don't think sodastream i would hope the marshals office sounded for me and joan would probably know betterpr thn she's doing the reporting that we're talking a list of who have you calledd and that doesn't include your your apps, your your photo stream, et cetera, everything but again, i'm just relieved that we're finally getting to this . this is it isto so important and for john roberts, his oldle legacy to have this notga resolved would be is just outrageous. this person needs to be brought to justice. you know, you don't want to leav

it's a joan g biskupic and their together. and i always think, you know, yes here we are one more time together. and it's a real privilege and pleasure to start asking you about your book, which lots of people will see but i have got all marked up in the galleys to talk to you about. before we start i just thought i would ask you if you wanted to say a few words about what you're trying to do here before we got down into some of the nitty-gritty? >> thanks, joan, and i'm looking for to this because you're absolutely right, we go back a long way. the supreme court press corps is not as competitive actually as people i think because you always had great sources i didn't have much in resources and i'll get the same information at the same time. the opinions come down at 10:00 in the morning and everybody gets them and you just to doe best you can think it's not like the congressional press galleries which really are core competitors. anyway it's a pleasure. just kind of situate the project that became this book. i was basically a