i'll read you what kagan said today. he said the united states is heading into its greatest political and constitutional crisis since the civil war with a reasonably chance over the next three to four years of mass violence breakdown of federal authority and warring between red and blue enclarifies. the warning signs may be on steward by the pandemic, global cries and by wishful thinking and denial but about these things there should be no doubt. first, donald trump will be the republican candidate for president in 2024. the hope and expectation that he would fade invisibility and influence have been delusional. he enjoys mammoth leads in the polls building a war chest at the moment. the democratic ticket looks vulnerable barring health problems he is running. second trump and republican allies are preparing to ensure his victory by whatever means necessary. trump's charges of fraud in the 2020 election are primarily aimed at establishing the predicate to challenge future election results that don't don't go his way. som

i'll just redo what kagan said today. he said quote, the " united states is heading into its greatest political and constitutional crisis since the civil war. with a reasonable chance over the next 3 to 4 years of incidents of mass violence, a breakdown of federal authority and the division of the country into warring red and blue enclaves. the warning signs may be obscured by the destructions of politics, the pandemic, the economy the global crises, and by wishful thinking and now. but about these things there should be no doubt. first, donald trump will be the republican candidate for president in 2024. the hope an expectation that he would fade in visibility and influence have been delusional. he enjoys mammoth leads in the polls, he's been thing a massive campaign war chests. at this moment, the democratic ticket looks vulnerable. barring health problems, he is. running second, trump and his republican allies are actively preparing to ensure his victory by whatever means necessary. trump's charges of fraud in the 2020

two, i happen to think kay kagan has been wrong about a lot of things in the past. but he is correct when he says this is happening right in front of us. and this piece sounds alarmist, but you know what? it reminded me a lot of an article published one year ago. that article was titled request the the election that could break america," and they've and it sounded alarmist at the time, but it was shockingly prescient in its predictions. it lays out a scenario in which battleground states of republican legislatures sends competing on january 6th. pence as president of the senate would hold in his hands two conflicting electoral certificates. the trump team would take the position that the constitutional language leaves those questions of which -- which results to the vice president. this means that pence has a unilateral power to announce his own re-election and a second term for trump. yeah. nailed it. we now know from that leaked memo from one of the trump campaign's legal advisers that is exactly what they were trying to do. mark gelman wrote that piece for the "a

united.ay kagan joined all of them, but four dissenting justices but they were not united.y kagan joined all of them, but four dissenting justices but they were not united. kagan joined all of them, but four dissenting justices but they were not united.kagan joined all of them, but four dissenting justices but they were not united. they had different views on what was going on even as they dissented. >> so there was a lot going on about what the most recent justices believed. and i want play some sound and we'll talk on the other side. >> one of the important things to keep in mind about roe v. wade is that it has been reaffirmed many times over the past 45 years. i understand the importance of the issue. >> roe vs. wade decided 1973. it is precedence of the united states supreme court. it has been reaffirmed, reliance interests considerations are important there. >> i can't express views on cases or pre-commit to approaching a case any particular way. >> so a lot of gray there. but now we know where they stand when it comes to this texas law. can we now assume how they would vote if roe

a lot of talk about robert kagan's sweeping piece on our constitutional crisis is already here. well, the constitutional crisis because people know the truth and they choose to follow donald trump instead. it's a personality cult as kagan points out, the likes of which our founding fathers never anticipated. it's fuelled by the cult members who can hear the news coming out of arizona that donald trump lost again. they can hear the news from their doctors about the safety of covid shots. they can hear the truth about covid and other issues, about january the 6th. they know the truth, they choose the lies. donald trump is the one who of course is fanning those lies and hopes to benefit from them again. >> first of all, joe, with results of the other recount for president trump setting a record losing in arizona. congratulations to him. you are right. >> i guess you can say jonathan lemire that he's sort of the boss in red sox. this is the third big recount he lost there. >> yeah, i feel like we have a lot of red sox talk to. all these lies are still dangerous ones. ones that a lot

dissent, will also give you blisters, but at the end of kagan's dissent, she says i respectively dissent. -- she's like no i just doesn't. >> yes, i would forget to use that word respectfully a lot. i would just, i would just oops, i forgot to say respectfully, i'm very sorry. it's an incredible ruling. we will get into it tonight. lawrence tribe is here, the constitutional law professor, also, we're going to get into it. it's one of those stories, that continues, you get a night sleep on this story, it's either just better worse the next day, there's just more to say, more to get into about it. it's a really horrible situation. >> and in practical terms, we were just discussing this with dahlia lithwick, and i said her bluntly, is there any reason why we should not expect all the other red states to immediately enact copycat laws to have new abortion bans in new states instantly? because of this? and she said no there's no reason not to expect that. so we've each passing day, whether it's south dakota or florida or wherever else it's going to be, the place already working, and we are go

i do think in a way it's generational, although kagan isn't young anymore. but i think we've lost sight of the radical potential of free speech. free speech is like sandra johnson said patriotism is the last refuge of a scoundrel. people say that about free speech and those are people who haven't thought about the women suffrages that we talked about. look at this panel. we've got the first female director of the aclu, we've got the first woman to win the pulitzer of cartooning. how far would women have gotten without free speech? the answer is nowhere. we wouldn't be in this configuration without free speech, without the people that exercise free speech to challenge sexism and other kinds of discrimination. and i think we need to look outside of our moment. at one level justice kagan is right, we awful people have and continue to embrace and, yes, weaponize free speech, and for anyone who wants to read more about that, read nadine strossen's book about hate. >> there are no cartoons in it. >> it's a great book, nevertheless. but to me the point of that book

at one level, justice kagan is right. surely, awful people have and continue to, you know, embrace and yes, weaponize free speech. for anyone who wants to read more about that, read the instructions book about hate. >> there are no cartoons in it. >> it's a great book, nevertheless, not about cartoons. but to me the point of that book is that we shouldn't try to pretend or wish away the presence of hate. it's a part of us and a part of our lives. indeed, a part of our speech. but the answer to it is not to create some grand poobahs, either a university president or, you know, i tech company guru, who is then going to tell us what is hateful and then what isn't. that isn't the way democracy works. it's not the way america works. we can do it. >> signe, another argument being made against the robust free speech that you and john are advocating for, effectively, a strong counter argument that john alluded to is this hurt or harm that -- i know, critics will say, those words are trivializing. we really feel deep psychic, emot

i want to read a little bit more from this kagan piece and ask if you agree.the world will look very different in 14 months if as seems likely the republican zombie party wins control of the house. at that point, with the political wind clearly blowing in his favor, trump is all but certain to announce his candidacy and social media constraints on his speech are likely to be lifted since facebook and twitter would have a hard time justifying censoring his campaign. with his megaphone back, trump would once again dominate news coverage. this time, trump would have advantages that he lacked in '16 and '20, including more loyal officials in state and local governments. the republicans in congress and the backing of gop donors, think tanks, journals of opinion, and he will have the trump movement, including many who are armed and ready to be activated again. who's going to stop him then? on its current trajectory, the 2024 republican party will make the 2020 republican party seem positively defiant. what do you think of that? >> i think it's a great piece. it's a

look, at one level justice kagan is right, surely awful people have and continue to, you know, embrace and, yes, weaponize free speech and for anyone who wants to read more about that, read nadine's book about hate and she's explicit about it, there is no reason to deny it. >> there are no cartoons in it. >> it's a great book nevertheless even without cartoons. to me the point of that book is we shouldn't try to pretend or wish away the presence of hate. it's a part of us and a part of our lives and indeed a part of our speech. but the answer to it is not to create some grand poobah either a university president, you know, or, you know, a tech company guru who is going to then tell us what's hateful and what isn't. that isn't the way democracy works. it's not the way america works. we can't do it. >> signe, another argument that is constantly being made against the robust free speech that you and john are advocating so effectively, but a strong counterargument which john alluded to is hurt or harm, but i know from critics that they will say, no, those words are trivializing. i mean, we

it's unite the right even supreme court justice elena kagan a couple of years ago famously said, you know free speech the first amendment is being weaponized to oppressed people who lack power. yeah story and john bring it forward to the present, please well, well, you know, i think there has been something that switched i do think in a way it's generational although justice kagan is young and anymore, but i think that we've lost sight of the radical potential of free speech, you know free speech is now it's like sandra johnson said patriotism is the last few scoundrel, right? you'll hear people say this thing about free speech and those are people that haven't really thought much about like those women suffragists that we just saw in sydney's cartoon. i mean, come on look at this. panel right here. we've got the first female director of the aclu the most important free speed organization and history the united states in the world, and we've got the first woman to win the pulitzer for cartoon. how far would women rights have gotten without free speech the answer isn't nowhere right y

i would say he and justice soda mayor and justice kagan -- and justice sonia sotomayor and justice kaganiberal wing that is left, such as it is. i have known him since i worked on capitol hill about 40 years ago. he is a smart person. he did not necessarily think he was going to be a justice of the supreme court. when he went for the first interview he did not do well because he had a bike accident and did not do well in the interview with bill clinton. he later got the position after ruth bader ginsburg got the first appointment. lisa: the fact that he gets asked when he is going to retire highlights the deeply politicized nature of these appointments. the machinations behind what happened with ruth bader ginsburg. how much do you think this reflects a more politicized court never before? david: he wrote a book and that was the subject of the interview. he has been giving interviews because there is a book that talks about the fact justices are not political. they do not talk about politics. outside of the court we have politicized the confirmation process and most people see certain de

i was surprised particularly justice kagan is not hostile to free exercise. and i don't really think justice sotomayor is either. there have been a number of unanimous decisions last 20 years protecting free exercise. the muslim beard in prison. and a group in new mexico using a drug in their service was unanimous. it is not that the linebacker rails are opposed to free exercise. they have other values they care about more. to some extent the republicans do, too it is just a different list. so the liberals all dissented in the could not essential -- contraception cases but the case about the gay rights group in a st. patrick's day parade was unanimous. but the, in the gay rights cased i expected to get dissent from kagan, sotomayor and brier and we didn't. i think principally because roberts wrote it so narrowly that tease facts will never araise again and philadelphia can obviously fix it on remand. they can draft something exemption free and tee up whether to overrule smith. but there are some much broader things in the opinion that they didn't object to in

the thing is, and what kagan was warning in that column and what we've been talking about here, there are no signs any of those dynamics are changing and yet, still, most republicans are silent in the face of it. >> you don't hear kevin mccarthy say, oh, no, i would never overturn a presidential el election. he doesn't say anything like that. then we heard about this former department of homeland security official who was told that trump's allies at dhs and at the white house told him to cover up, manipulate his intelligence on russian election interference and white supremacy so as to make sure that trump didn't look bad. take a listen. >> it was to manipulate the intelligence to fit that political narrative so, yes, they also did not want things to come out, but they wanted to shape it in a way that would support the president's objectives. and the words they used were, i'm ordering you to change the outcome of these products, these intelligence products we would do. >> i mean, but i haven't heard one republican on capitol hill say a word about this. >> no, we sort of say, oh, well

i was surprised particularly justice kagan is not hostile to free exercise. and i don't really think justice sotomayor is either. there have been a number of unanimous decisions last 20 years protecting free exercise. the muslim beard in prison. and a group in new mexico using a drug in their service was unanimous. it is not that the linebacker rails are opposed to free exercise. they have other values they care about more. to some extent the republicans do, too it is just a different list. so the liberals all dissented in the could not essential -- contraception cases but the case about the gay rights group in a st. patrick's day parade was unanimous. but the, in the gay rights cased i expected to get dissent from kagan, sotomayor and brier and we didn't. i think principally because roberts wrote it so narrowly that tease facts will never araise again and philadelphia can obviously fix it on remand. they can draft something exemption free and tee up whether to overrule smith. but there are some much broader things in the opinion that they didn't object to in

now kagan says distraction, denial and wishful thinking are all it takes to drown out the alarm bellsder this week with the release of a six-part wild legal fantasy by one of former president trump's advisers, john eastman. >> that memo, again, is a blueprint to overthrow an eek. that's what it is. a blueprint to blood pressure to the overthrow the results fortunate election handed to the vice-president of the united states in the oval office. >> now nearly a year after the election, the big lie is deeply rooted in the republican party as identity. and a recent cnn srss poll, 6 in 10 gop voters said supporting trump and believing he won in 2020 are a somewhat important part of what being a republican means to them. to most of his die-hard supporters, the violent insurrection on january 6th was actually an attempt to save democracy, even though more than 600 people have been charged with crimes tied to the attack not to mention all the violence we see in this video. the sham arizona audit didn't give trump the win he wanted either but it did succeed in deepening distrust in the entire

. >> that brings me to this robert kagan column in the "washington post."ng what happens in afghanistan, seeing this giant spending package. the thing that can unite me witç the biggest maga person in the world is the build back better progressive agenda. i think it's unkugt to say you would be okay having anything to do with president trump, there are people who will vote for anything except what's happening right now. i think of president trump as godzilla under the water and the' quell could come. there are people that will put up a very good fight against him. he's not the king maker he once was as■ç we've seen in primarie across the country. >> the fascinating part about what you just said, it's the feature of the argument that kagan is making. there's a desire to own the libs, to define oneself over and against those folk that you do not want to govern. so you're willing to make a certain kind of choice, a kind of faustian bargain that unleashed this person into our body politic. what's fascinating, i think it's a bit■ç alarmist. i disagree with the w

. >> that brings me to this robert kagan column in the "washington post" that everybody has been talkingbout. the republican party is a zombie party, going through the motions of governing in pursuit of traditional republican goals. the party's main, if not sole purpose today, though, is to enable trump's efforts to ensure his return to power. >> nothing galvanizes right now than seeing what happens in afghanistan, seeing this giant spending package. the thing that can unite me with the biggest maga person in the world is the build back better progressive agenda. so i do think while it's uncouth and impolite to say in society you would be okay havinging in do with president trump, there are people who will vote for anything except what's happening right now. i think of president trump as godzilla under the water and the sequel could come. there are people that will put up a very good fight against him. he's not the king maker he once was as we've seen in primaries across the country. >> the fascinating part about what you just said, it's the feature of the argument that kagan is making.

media who we're saying this and are told, you're being hysterical, you're being alarmist, then robert kagant" and says, democracy is at stake, thank you for catching up with the rest of us. >> thank you, we'll see you throughout the week, my friend. >>> welcome to "ayman." infrastructure, the debt, the debt ceiling, and the government shutdown. man, it is a big week on capitol hill. the big question tonight is can the democrats pull this off. we'll break down what to watch out for with our all star sunday night panel. >>> then with politics and decisive culture in this country, we'll take a look at how it's changed. >>> plus a report from yahoo! news on an alleged cia plot to kidnap wikileaks founder julian assange. we'll speak to one of the journalists behind this explosive new reporting. i'm ayman mohyeldin. let's get started. >>> all right.

it properly and allow people to make arguments and then you have additional dissents from justices kaganer wrote one and justice kagan joined and sotomayor joined and justice sotomayor said this was stunning. she said that the court had failed to respect the constitutional rights of women and said that the court was not respecting its own precedent or its own process. so really an extraordinary night that will have reverberations not just in texas but in the entire country as many other conservative-controlled states are very likely to follow the example of texas in setting up this kind of intricate trap that allows the court to ban abortion, 85% of abortions, without even really having a full hearing about it. >> and you say this is donald trump's legacy. obviously you're referring to the former president putting three justices on the supreme court. of course, i think that reminds almost everyone about senator susan collins and what she had said about roe versus wade. but let's remember what susan collins said about what she thought the future of it was going to be. >> i do not believe

he's proven he's exactly right and robert kagan is exactly right.trump. donald trump's a lunatic. it's about the embracing of a lunatic by the republican party. this is the history of the republican party that's being written here. it's a seminal moment in the country and the party is taking autocratic stance and it's become an autocratic movement in the country. for some of us who worked in the party for like 30 years, it's mind boggling to say that but there's no other way to look at it. the good republican is the republican that speaks out and opposes his own party or her own party now. right now the official position of the republican party is that donald trump won the election, joe biden is an illegal president so we live in an occupied country. last time that happened was 1860. didn't work out so well. that's where we are. >> in your book "it was all a lie," you sort of throw yourself on your own sword and mia culpa for your role in the party. you talk about some people who were going along with what was happening because your book came out du

>> the particularly justice kagan i don't really think justice sotomayor or either.cise. and with that employment discrimination and then the hallucinogenic drug any worship service. but that theys have other values that they care about more. but it is just a different list. so with the contraception cases and most of the gay rights cases but not all of them. and with a gay rights group and the st. patrick's day parade which is unanimous. and then expecting to get dissent. and philadelphia can obviously fix it and then to tf the issue to overrule smith. but there arebj some much broader things in the opinionated not object to not putting the lease on anybody else it doesn't matter. i was surprised at the anonymity. >> thank you to the panel. [applause] lunches up the spiral staircase.

. >> it senator, robert kagan wrote a piece in "the washington post" this past weekend that got a lotthat is already upon us. and whether everybody reading that, every democrat reading that, every independent-minded person reading that agreed with every one of his conclusions or not, the one thing that most agreed on is the fact state legislatures passing bills that would rip the power of certifying elections from local officials, from secretary of states, from governors, and that would allow republican state legislators to completely decertify votes they didn't like, seems to be the greatest constitutional challenge facing us moving into 2024. even some of the onus barriers they're setting up because they count the votes and decide to count the ones they like and throw up the ones they don't like. does the senate understand, do all democratic senators understand, do some republican senators understand just how dangerous this is, and that some action needs to be taken before 2022? >> i think they do. let me tell you, joe, that was a stunning article when i read it and showed it to my

we didn't california lieutenant governor elena kagan alajakis headliner at this watch party that lostall suspense early. the crowd erupting about 8 30 when numbers showed governor newsom beating recall by a wide margin in one of the things people are asking is did we really have to do this? the governor will be on the ballot next year. i will be too, for that matter did we really have to have as. special election could lakis says republicans saw an opportunity. during the pandemics troubled times. but with california covid manageable compared to many gop states, critics failed to make their case what i can attest to because my office is right down the hall from governor newsom is that nobody has gotten up earlier and stayed up later to do his best to steer our state through covid. a lot of what was driving the recall was misinformation. david campos is vice chair of the state democratic party. as governor newsom thank californians for keeping him in office, many of the elected officials and volunteers at this party reflected on how vulnerable he seemed in the beginning. i think the go

then they're constantly pushing that near con, that narrative as well as her husband who was robert kagan and he is the nia collins near town. so, and their whole idea is to push nato to the break of the, or to the, to the border of the federation. and if they can, they're going to do wherever, wherever they can. but these countries are going to have to reevaluate and reassess u. s. commitment on anything at this point, and you could put money into the, into the ukraine it's, it's just, it's just means that russia is going to put in counter systems that are going to be just as effective, if not more so. and there's just so much money to going to be spent in analysis and assessment needs to be made on, on just how important we need to continue doing all this was happening. megan, what the actual, dangerous, and how much just because we have our equipment over there in the region. if that means the united states actually has it, that's the same as saying, we're going to fight with you. if it comes to point that you have to use the equipment in real quick, i've got to let you go on to some.

so is historian and "washington post" contributing columnist, robert kagan's, take. into its greatest political and constitutional crisis since the civil war with the reasonable chance over the next three to four years of incidents of mass violence, the breakdown of federal authority, and division of the country into warring red and blue enclaves. this is not some wild-eyed radical, by the way. nor is former cia director michael hayden, who warned only a thin veneer of civilization protects any democracy. even our own. nor are reporters bob woodward and robert costa being outlandish with the final line

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i mean, i read robert kagan's chilling piece about the rise of trump in 2024. anyone who dismisses that is foolish. and we have to govern. we have to deliver. the consequences of us failing are very severe, not just for our party, not just for this president, but for democracy itself. and a number of members of the caucus made that point, that more than anything, we have to get this done because democracy itself is at stake. i believe that, progressives believe that. moderates believe that. and that's why ultimately i think we're going to rally around joe biden. he's the president, we need to fall in line, get behind him. and he can come to an agreement between the factions. we're saying we're willing to negotiate. i guess i don't know what more progressives can do but say we want what the president wants and get his agenda through and we're willing to be reasonable. >> what if the president says vote yes on thursday on the infrastructure bill, ro, let's get that done, and take on faith that i will get the reconciliation bill in the best way that i can, would y

now, justin kagan's dissent will also give you blisters. but at the end, she says i respectfully sotomayor just says, i dissent. >> oops, i forgot to say respectfully. we will get into it tonight. we're going to get into it. it is -- it's one of those stories that continuing to -- you get a night's sleep on this story and it is either just as bad or worse the next day. there is just more to say, more to get into about it. it is really a horrible, horrible situation. >> and impractical and practical terms. we were discussing this earlier not hour, lawrence. i said to her bluntly, is there any reason we shouldn't expect all the other red states to immediately enact copy cat laws to have new abortion laws in new states instantly because of this. she says there is no reason not to expect that. so with each passing day, we're going to see red states all over the country ban abortion using this as the xerox template, and it's going to go fast. >> yeah. just start with every republican governor who is running for president. they are demanding of t

dissents but this one is written by justice sonia sotomayor, joined by justice stephen breyer and justice kaganey write, "the court's order is stunning presented with an application to enjoin an unconstitutional law designed to evade judicial scrutiny. a majority of justices have opted to bury their heads in the sand." and then it makes note that last night the supreme court effectively did not rule in time to meet a deadline, so the law did go into effect last night simply because the court hadn't ruled on this emergency application from clinics. so sotomayor goes on to say, "last night the court silently acquiesced in the state's enactment of a lou that flouts nearly 50 years of federal precedent. today the court belatedly explains that it declined to grant relief because of procedural complexities of the state's own invention." so we're still reading through it. but this is a very strong dissent from the liberals here. >> thanks to cnn's ariane de vogue for that report from washington. u.s. president joe biden called the law a blatant violation of women's constitutional rights. >>> we'll tak

that's the title of a powerful op-ed published in "the washington post" by robert kagan., he points out that the founders did not foresee the trump phenomenon, they anticipated the threat of a demagogue, but not of a national cult of personality, nor did they foresee members of congress would refuse to check the power of the president from their own party. that's, of course, what happened over and over again. especially when republican leaders decided to oppose impeaching ex-president trump after the attack on our capitol, which ultimately could have disqualified him from future office. instead, they helped the big lie metastasize inside the gop, fueled subversion efforts. but while the founders didn't foresee this challenge to our democracy, the civil war generation did. and it is written in the constitution. the 14th amendment, section 3, which reads in part, no person shall be a senator or representative in congress or hold any office, civil or military, who having previously taken an oath to support the constitution of the united states shall have engaged in insurrect

court's shadow docket decision making becomes more unreason, unconsistent and impossible to defend wrote kaganum and required the administration to restart trump's remain in mexico plan, which makes asylum seekers await in mexico. the trump administration had positive rulings in 28 out of the 41 emergency applications from their doj and were only denied four times. those rulings include trump's travel ban, the ban on trans people in the military and the go ahead for the administration to execute people with lethal injections. the senate judiciary committee will hold a hearing on this. elli, you wrote -- this is what was written about this shadow docket that most people don't know much about. the ruling justiied its non-intervention by flagging procedural questions. they blocked california's in-home gathering restrictions on religious liberty grounds. the fact that the court lacked the power to issue the order in question. it feels in a lot of ways like the court is using the shadow docket the way that republicans use these local government orders and these laws to try to get through legislatio

you notice, there were four dissenters, four separate dissenting opinions, and justices bryer and kagan joined all of them. but justice sotomayor and chief justis john roberts did not join each other. there were four dissenting justices but they were not united in their dissent. they clearly had different views on what was going on, even as they dissent, you know, agreed that the -- that the justices were not going in the right direction. >> there was a lot of back and forth, especially during the most recent appointments to the supreme court under former president trump about what they believed whether it came to roe v. wade. i want to play some sound where the justices stand on this. >> one of the important things to keep in mind about roe v. wade is that it has been reaffirmed many times over the past 45 years. i understand the importance of the issue. >> roe v. wade decided in 1973. the president of the united states supreme court, it has been reaffirmed. the reliance interest considerations are important there. >> i can't express views on cases or precommit to approaching a case an

>> the midnight decision you mean where justice kagan pointed out in 72 hours they basically put intoconstitutional law? kate, i want your viewers to know even as recently as 2019, this court has stayed laws involved abortion. in june, medical services, they basically stayed the implementation of state law that would have -- physicians have to have admitting privileges in a hospital within 30 miles. >> and they were about to consider another really big one out of mississippi, which is why this is kind of so surprising, which, i have to say -- >> go ahead. >> no. i was just going to say, this leads to another important question that there are now growing calls on the left with this all in mind that for liberal justice stephen breyer to retire, to ensure that a democratic president gets to pick his replacement. breyer is 83 years old. you previously said, and the way i think you put it, if he's going to retire, it should be sooner rather than later, but saying, it's up to him. after this ruling, after what happened overnight, do you want to say that differently now? >> i'm one of the fe

what are they watching for is how the last three liberals on the supreme court, steven breyer, elena kagan and sonya sotomayor hold on and achieve anything because they are so in the down position. and we have a new chapter coming on abortion where they'll actually hear a major abortion case where they would set a rule on whether roe v. wade will survive throughout the country. gun rights. and then as everybody is wondering will justice steven breyer leave, and this all brings us back to one year ago this month when ruth bader ginsburg suddenly died and donald trump got his third appointee on, which has made all the difference, brianna, and now we have to see if there are any prospects for any kind of consensus on the left and the right. but what we've seen so far in the last couple days -- couple weeks of the summer makes it look pretty grim. >> the shift has been so fast and so drastic. incredible. >> i would not have thought it would come this fast. i thought that justices barrett and maybe, excuse me, brett kavanaugh to a lesser extent might have wanted to wait. but this has been a bom

but it is worth noting sotomayor is different from the other liberals, kagan and biden.em to be working at containing damage, she's looking to the future and she's hoping that these dissent she's writes now will become her majority opinions. >> very briefly chances that roe v. wade is overturned. >> it looks like it may be gutted or cutback. >> thank you very much. >>> coming up next, new subpoenas in the riot, the investigation into the riot at the capitol. lawmakers targeting the organizers behind the so-called stop the steal rally. i'll speak one on one with an organizer next. (man) i've made progress with my mental health. so when i started having unintentional body movements called tardive dyskinesia... ... i ignored them. but when the movements in my hands and feet started throwing me off at work... i finally had to say, 'it's not ok.' it was time to talk to my doctor about austedo. she said that austedo helps reduce td movements in adults... ...while i continue with most of my mental health medications. (vo) austedo can cause depression, suicidal thoughts, or acti

and elena kagan criticized the court for the alliance of the shadow docket, this emergency docket to make decisions of major importance to the country without a full debate. >> yeah, the shadow docket has become a kind of the routine event for the supreme court where they just decide things in these emergency motions. there is no argument below, and often no record below, and no cases brief, nothing. just a late night order, and unsigned order where the court simply says that within much reasoning, a page and a half of reasoning, no, no injunction and we don't know the basis of that and how to proceed, and more and more frequently, that is how the supreme court is deciding death penalty questions, and questions about covid closures and how they decided to let this texas law stand. >> and kim, ultimately, we don't know what is going to come of this, and the court could get a similar case that bans abortion at 15 weeks later in the term, but there is a trump appointee who said that he would only put on the court if they were devoted to overturning roe. >> and we do know a lot by lettin

they did it at midnight with just less than 72 hours of debate in justice kagan's words and basicallyted a law that is blatantly against roe v. wade. >> you said you hope not on the question of will the court overturn roe v. wade. but it sounds like you're saying that you think it will. >> i hope not. but you never know when the justices look at the facts of a case. you also have a recent state court decision that stayed this with some clinics in texas. you're going to see this wind up through the notoriously conservative fifth circuit. and then it eventually will go to the supreme court. but the problem is this, which is why i turn to congress and why i believe that is a solution. it can take months, it can take years for a final case on the merits to get before the supreme court. >> so, senator, you mentioned congress. speaker pelosi says the house will vote to codify abortion protections into law. but you know better than i do there aren't 60 votes for that in the u.s. senate. so realistically, what can you and your fellow democrats do? or is the texas law going to be allowed to st

so is historian and "washington post" contributing columnist, robert kagan's take. he writes today the united states is heading into its greatest political and constitutional crisis since the civil war with the reasonable chance over the next three to four years of scents of mass violence, breakdown of federal authority, and division of the country into warring red and blue enclaves. this is not some wild radical, by the way. nor is former cia director michael hayden, who warned only a thin veneer of civilization protects any democracy. nor reporters bob woodward and robert costa being outlandish with the final line of their b book, peril they write remains. so tonight, we are focusing on that peril from what continues to be a steady assault on the democratic process and democracy, itself. today, a sign the current president considers the threat serious enough to set aside decades of tradition. in response to a question about invoking executive privilege to shield trump-era records from the house select committee on the insurrection, the white house press secretary

>> robert kagan's excellent piece in "the washington post" that everyone is talking about, how americantors contributing to it. and i agree and likely you agree. but it's not like we haven't been saying all of that on our shows for a while now. why does it take, ayman, an establishment white guy in "the washington post" saying this for everyone else to finally pay attention, why is it those of white house are people of color weren't taken seriously when we sounded the alarm? >> listen, you kind of answered your own question, what was the keyword you just said? "establishment." i don't know if you and i have this big platform, you certainly have a huge platform on social media. i'm not sure you're part of the d.c. establishment or as our former president used to call it, the swamp. you know, to be honest with you, i was actually looking back at my twitter feed and looking back prior to the election, saying that in the i think on january six we were both saying look if this was happening anywhere else in the world, we would be calling this an attempted coup, an attempt to overthrow the go

i want to recommend an op-ed in the washington post by robert kagan, which really says the crisis is here. we're in a position right,000 wh now where we need to defend our democracy. >> we're not a party -- the party has succumbed to the big lie. >> one political party has. that political party is not the country. here is the important thing to remember. we are not actually a 50/50 nation as you know. if 70% of republicans believe the election was illegitimate, which was false, that is still only around a quarter of americans. that's far too many. the republican party has succumbed to lies. that does not mean that half of america believes this bs. >> it doesn't. but to your point, in that piece, which jim and i were talking about -- >> whatever your name is. >> that dude sitting next to me. >> -- it does set that up. it makes the case that it is time for people to step up. if there is that larger majority, right, it doesn't have to be just lawmakers, but it has to be the average american citizen who says this is not okay, i'm recognizing it is not okay, and i want to do something abo

dissents but this one is written by justice sonia sotomayor joined by justice stone breyer and justice kagan write, the court's order is stunning presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional right and evade judicial scrutiny. a majority of justices have opted to bury their heads in the sand. and then, it makes note that last night, the supreme court effectively did not rule in time to meet a deadline. so, the law did go into effect last night simply because the court hadn't ruled on this emergency application from clinics. so, sotomayor goes on to say, last night, the court silently acquiesced in the state's enactment of a law that flouts nearly 50 years of federal press precedence. today, it declined to grant relief because of procedural complexities of the state's own invention. so, we're still reading through it. but this is a very strong dissent from the liberals here. >> i want to ask you because all three of trump's picks, including the -- the last one, amy coney barrett, refusing to block it

so is historian and "washington post" contributing columnist, robert kagan's take.l and constitutional crisis since the civil war with the reasonable chance over the next three to four years of scents of mass violence, breakdown of federal authority, and division of the country into warring red and blue enclaves. this is not some wild radical, by the way. nor is former cia director michael hayden, who warned only a thin veneer of civilization protects any democracy. nor reporters bob woodward