chief justics roberts: justice kagan? justice kagan: is the speech in this case school speech? >> it is close to the line because it mentions school, it mentions cheer, but it also mentions softball. justice kagan: which side of the line doesn't fall on? >> i think it probably falls on the school speech line. justice kagan: that means anything that mentions the school would fall on school speech. this is pretty generic. >> it was sent to a wide audience and included a number of cheerleaders. it predictably reached the cheerleading team and coaches and the fact that there may be some indeterminacy about the first prong of the test does not get the school over the hump. the school may be able -- may be unable to remand it, that this speech would have a tendency to disrupt team chemistry. justice kagan: can i give you a few hypotheticals and you tell me school speech or not school speech full top let's assume all of these cause substantial disruption. student emails his classmates to the geometry homework every day after school. >> school speech. justice kagan: student emails ever

. >> justice kagan. >> mr. adler, he referred a number of times to this anchoring offense argument, which is to say in changing the categories it would lead to different kinds of sentences. i have no doubt that's true, but where defined in the concern about that in the statute itself? the statute, when it talks about statutory penalties, that means the penalties that are provided in the statute, not the penalties that are actually given by judges because of these anchoring effects. >> yes, justice kagan. that's just an explanation for why congress would've wanted be wednesday offenders to be covered, just as b-1 the onb when the offenders are covered. and that goes back to really what the overarching goal of section 404 is, which is to give everyone who resentenced une 100 to one regime an opportunity to seek a reduced sentence under section two section two new statutory benchmark. if we look at section two, section two of life respectively to everyone's i can ever since after august 23, 2010 including minimum

and they were joined by justice elena kagan. 9-0 my dear friends. why? because the supreme court of the united states and we are talking about almost the entire membership of the supreme court was unanimously in favor of church autonomy in the face of the serious potential violation of civil rights a violation of the americans with disabilities act. >> i believe justice kagan joins the alito concurring opinion in the alito concurring opinion and as of this last summer the autonomy principle was re-articulated into catholics cool cases where thought we would win the forces of liberty would win but it was a very hard case because the low los angeles diocese didn't require the late teachers to be catholic and yet in certain religious duties that each teacher had and that was sufficient to carry the 7-2 majority. that autonomy, the ability of churches and church schools and church ministries to say hands-off ceasar even though the federal government may have a powerful interest as it does in the civil rights laws. no, you can't go here. thou shalt not enter.

justice kagan, you had amazing questions about school speech. our test is the audience has to be the school. all your speechl, if it's to the press, the police, your pastor, your family, none of that is school speech even if it involves fiscalho topic. justice barrett, on threats, the facts in bethlehem pennsylvania, nobody knew whether that wasd a threat. the police weren't sort of involved or it is not fair to the parents of those other kids jeff schools fumbling around, i don't know what displays before we had, part of the filter on campus, campus, parts off, on p the internet, maybe she was to and from. that was new to the school supervision. madness, confusion and chaos. please don't do this to schools. mr. cole said you can prevent swearing to and from school. that's's nuts. you are in the dads minivan. that school supervision under their view. no one thinks fraser applied their and yet all of a sudden when you get out of the main event and i walking to it, may be depends on how far you par, tinkers going in and out of coverage. that will

his opinion was joined by justice elena kagan. why? because the supreme court of the united states and we're talking about almost all the current membership but the recent membership of the supreme court was unanimously in favor of autonomy in the face of a serious potential violation of civil rights. a violation of the americans with disabilities act. justice kagan joined the concurring opinion and the alito concurrent opinion ripened and now as of this last summer, the autonomy principle was re-articulated into catholic school cases where i thought it was going to be -- i thought we would win but i thought it was a very hard case because the audiences don't even acquire the late teachers to becatholic . and yet mthere were certain religious duties that each teacher had.that was sufficient to carry the day 17 2. that's autonomy. the ability of churches and church schools and church ministries to say as i put it hands off, caesar . even though the federal government may have a very powerful interest as it does in the civil rights laws.

>> justice kagan is an extremely effective questioner of oral argument.et at there was that you could have a very expansive conception of school speech. in my own view, of course it is permissible to punish students for cheating off campus. in fact, most cheating when people are plagiarizing papers is happening from home. the idea that would be protected speech is illusory. she went on to say what about if a student says, in effect, this school is really homophobic and you all shouldn't go there? imagine, she says, that creates a disruption. should that be protected speech? of course that speech needs to be protected from my own perspective. and nevertheless, it seemed to me that the solicitor general's lawyer may have held out the possibility it would be permissible for the government to punish a student for that political speech that happens in the school context. that is the important point to remember here. exactly as justice sotomayor suggested, young people are often finding their voice by speaking about things that they know about. and school and t

. >> justice kagan. >> it seems your argument tinker is the entire analysis they depend on a version the lower courts have not adopted. you say there can't be any regulation for religious speech so there are two cases there is ban on shirts singly are not criminals to protest another to say homosexuality is a sin. and in both cases the court say tinker allows the school to say you should not wear those kinds of things. do you think that is clearly wrong. i will defer to you. the border shirt or we are not criminals basically match was to go off with dueling fashions where gang fights are about to break out. >> that's what i'm asking about. maybe i got that holding wrong but student say we will come in with the confederate flag or come in with black lives matter or gay pride or homosexuality isl a sin the way the school things will cause disruption making band that if the school is right. the symbolsls her speech was severeho disruption. you can't bring your confederate flag to school tomorrow. >> the opposite is true if you look at the handbook and the playbook says the same thing. k

there is a constitution signed by justice stephen meyer and justice kagan, and a special gift, a point from justice any coney barrett -- amy coney barrett. students, call in. it -- i will give you a question , if you get it, you will get a prize. first, i am going to start with a text from a student. shout out to second. class -- second period class. what is -- what about bureaucracy? guest: we are here to help students, a lot of shout outs. the bureaucracy, what a great question, really it is almost a cold branch, it is a fourth branch, technically part of the executive branch. it is how congress is policies go into action. it is the daily functions of government. i would not worry too much about all the agencies. find one or two agencies and use them when you can. maybe it is the stc, the federal trade commission. guest: my agency is fda, the food and drug administration. i am upset with canned mushrooms and as orbit acid -- absorb it ic acid. congress will give a bureaucratic agency, or department bureaucratic discretion rulemaking authority where now that bureaucratic agency has th

appear to have happened is that the media have looked for the other artists from that community if kaganwhat they've been told by the army on their credit and that's certainly what happened on the list and the article i referred to your earlier untruth the conflict you know i grew up in this community . we have always had concerns about the media reporting and started reporting on the accuracy of it and i met many people through my professional work from england or other nicely who never knew the very things of that state didn't look at all morphy didn't know of it very until it became and then they had the inquiry in the county and grew so listed in the families to bring the say she's too forward what he's saying to us and this is representing. clients in i don't know yemen kenya maybe iraq having thought you got this victory of the inquest obviously no soldiers i mean sent to jail yet well i think it's important that lawyers lawyers have a rule to play and you know the institutions will prevail justice it's actually the humans who use the instruments use a legal instrument so lawyers h

show up in the field. kagan look a little bit different as bethany on the southern body but not, but i would love to be in front of the apartment. we're just doing it out of the government. the government government is in miss. it has to have it and it has been the issue. i had visited dicky, it had to do with the daughter. but if let's consider mid. okay, look above me the most about that but a lot about those outcomes just to know that. but if there's any benefit now, but once it in been adult does book lead photocopier. it's not just me, me, me. oh, i got to have almost in eczema. i get it so i will go home or when i didn't mind, if it was can x must last large. they could put a layer macallan water on the world of frequency share trading, exposed. i had this engine that was basically trading. i couldn't last $30000000.00, a terrifying experience. how artificial intelligence has raised the stakes and risks on the money markets. there's markets go faster and faster. we're opening up the possibility for an inch. the for no, no use of the money bonds on our jesse or other fun, filipi

deep and wide, the whole valley, in fact the country, heard about the crash that killed caden kagan andnborn child, and her estranged and disturbing trends -- oncoming car. cross the centerline and plowed right into them. on purpose. shocking? oh yes. as was the reason. justine said the police was trying to commit suicide. how did they know? they found the evidence on justine's phone they said, text messages which she wrote herself and gave him no choice, he said, he charged her with deliberate homicides. montana's equivalent of murder. >> justine purposely went into traffic and smashed into another car and by doing so, she should've known her action could've killed somebody and under those circumstances i think deliberately homicide was the only charge we could find. >> you decided to charge as an adult, why? she was 16. >> she was. the taking of two lines is not a delinquent act, it is a crime. it needs to be prosecuted as a crime and if convicted, it needs to be on her record for the rest of her life. >> perhaps because of her own massive injuries and continuing surgeries, her age, j

because justice kagan and right in the dissent to the opinion that upheld the town council prayer said chambers was rightly decided. history and tradition is that powerful. what was her concern? her concern was really favoritism rather than equality reaching out to different faith communities and the town of greece and then the environments, they were only christian ministers were invited to pray for there's a factual squabble about that. that is an incredible example of this power history and tradition. recently the bladensburg does not take you that long to drive to maryland and there's the corner the rotary is the cross on the fourth circuit court of appeals in richmond say get rid of the cross. one of the judges said tear off the arms and then it becomes a washington obelisk. the supreme court of the united states held seven -- two no. the monument is a traditional christian symbol. but it stands the power of history and tradition. that's the supreme court over and over again. it's a great principle that are resulting in our winning cases. >> we continue to win them for you and the

without explanation, justice sotomayor wrote in a dissenting opinion signed by justices breyer and kagan -- "missouri is now free to execute johnson in a manner that, at this stage of the litigation, we must assume will be akin to torture given his unique medical condition." and a federal court in georgia has struck down a law banning the state from doing business with anyone who supports the palestinian-led boycott, divestment, and sanctions movement against israel. the ruling came in a lawsuit filed by independent journalist abby martin who was barred from speaking at georgia southern university in 2019 because she refused to sign a pledge against the bds movement. under georgia law, any recipient of a government contract larger than $1000 must sign such a pledge. martin filed the lawsuit last year. >> my right to speak at a conference at a public university was conditioned on my pledge to never participate in my constitutional right to engage in peaceful political action. it is notust this particular conference, but my right to speak at any public university or similar event in the en

we should require -- justice kagan writes which i think is hysterical this point the most dangerous languagesthis case were decided the other way the administrative state would come to an end. that line was taken from many scholars. if i mentioned it at the dichotomous position easily made there's nothing about congress and there's an easy remedy. if you haven't made up your mind and when we do pass it would be going to do? will probably have to say something will have to go in to detail for how how you did know that they are these various individuals and how much they time they have the file and what the penalties are going to be whether the administrative procedures. just as gorgeous makes a distinction without which the law cannot -- congress draws a broad outline and it turns out the administrative agencies fill in the gaps. it's the way they thought about the subject and it's not perfect but it makes sense. retro read her application of the statute is -- so what we do in this current literature you get a political dimension which is there are so many people who are passionate defenders o

>> that's obama 11 years ago. 11 years later, republicans are still having their kagan voting againstvoted for president biden's 1.9 trillion dollar american rescue plan. that hasn't stopped some in the gop for mourning the planet helps your constituents. bringing federal funding to the district and back into the pockets of taxpayers. she listed the three point $7 million of health care grounds from president biden's bill under her personal list of achievements on her, quote, first 100 days report card. associated press rights republicans from new york in indiana and washington state have elements of the legislation they thought to defeat. it's even happening in house leadership. house minority leader kevin mccarthy touted the rescue plans restaurant revitalization fund, encouraging constituents to apply for the program. in response, nancy pelosi said, quote, you called the american rescue plan socialist, planned it would turn the u.s. into venezuela, and convinced every member of its caucus to vote against it. no one should be surprised that mccarthy, a man with strong principles vot

he helped spearhead the confirmation of supreme court justice sotomayor and kagan. chris is national director of the national council of asian-pacific americans and he worked with senate democratic -- as for operator. next up is leah litman system of professor at the university of michigan school of law. she practices constitutional law post-conviction in federal sentencing. they are coasting creators of strict scrutiny about the supreme court and writing for popular audiences as it appeared in "the new york times" "washington post" and other publications. she graduated summa cum laude from michigan law school and after law school clerked for judge jeffrey sutton and the fifth circuit and justice anthony kennedy of the u.s. supreme court. she has an active pro bono practice and serves on the academic advisers for the american constitution society. finally we have nancy zirkin page is a strategic consultant and was executive vice president of the leadership conference of civil and human rights from 2002 to 2073 nancy was a part of the effort including task force on e

. >> miami-dade prosecutor karen kagan was on homicide to do that night i was called out to the scenea mound on the bed covered by a blanket. there were bullet holes in the blankets and they had to yank and blankets down. when they did that, they found mrs. sudden in bed with our hands up, she had been holding the blanket and covering herself. literally ducking under the covers for cover. >> susan sutton was dead. a bloody phone beside her. she must have dropped it as she pulled up the covers in her vein attempt to hide from her killer. house secured, no shooter around, the swat team were through. a dispatcher warned detective larry belyeu this might be the deadly result of a domestic dispute. sutton's 9-1-1 call an attempt to cover up what he had done. >> when i got the phone call, and said there was a murder suicide down in the city of coral gables, we heard the husband was rushed out to a trauma center, and in critical condition. >> on route was two bullet holes to his side. had sutton killed his wife and turned the gun on himself? no. that theory is quickly dismissed when the para

they will be signed by justice stephen breyer and justice kagan. we have a special gift which will be a scotus challenge going -- coin from justice barrett. if you call, i will give you a question and if you get it, i will give you one of those constitutions. let's start on the calls. but first i will start with a text from a student for you. "shout out to the second period class, how important is the bureaucracy on the exam? do you need to note agencies -- no agencies-- know agencies?" guest: we are here to help students and encourage teachers and affirmed that the teachers have done a great job. a lot of shout outs. [listing names] the bureaucracy, is almost a fourth branch of government. it is technically part of the executive branch. it is how the president's policies and congress's policies go into action. it is the post office, sending out social security checks, medicare and medicaid, the daily functions of government. i would not worry much about all of the agencies. find one or two agencies and use them when you can. maybe it is the sec or