justice kagan? >> if i could just say one small thing. had the same reaction as justice breyer had, but you've answered his question. i just want to say now that mr. hallward-driemeier should think about that question. why hasn't this case been settled? that's all i have. >> justice gorsuch, justice kavanaugh? thank you, counsel. >> thank you. >> mr. joshi. >> thank you, mr. chief justice, and may it please the court. like any priev property owner, the government is entitled to use its own property for whatever lawful purpose it likes, including for expressive purposes, and when the government expresses its own viewpoint, it is never compelled to express competing or alternative viewpoints. government could not function were that the rule, and of course when the government expresses its own viewpoint, it is free to solicit input from and assistance from, and even other messages from third parties in helping the government to shape its own message. but this court has said that unlike a private property owner or a private speaker, when the

this justice kagan, i think you are exactly right. no city can run the risk of being forced to fly the swastika in front of city hall. so you cannot have a public forum. >> i wonder if you think i'm right if i say the following. this really does go back to justice kavanaugh. the reason i say why wasn't this settled is because my guess is the same as his. this all came about because of a mistake by mr. roorooney. it's an understandable mistake. we have a line in one of our opinions that says a city thatten can't have a cross on the roof. so somebody looks at this and says, isn't this kind of the same thing and prohibits it. the fact it's not the same thing. because it's in the flag pole coming up and going down. and expressing a wide variety of views. so this was a mistake. why have people not been able to correct this mistake? >> the city would be happy to discuss settlement. i was not part of those discussions. i just know they happened. the flags raisings in connection with something that is a public holiday or something where the c

kagan not quite as liberal and got next to no g.o.p. votes, something has changed. will the president select. what will the confirmation process be like, congressman cliburn, welcome, i don't not want to ask you about any specific candidates, do you have a sense on where the process nomination stands now. >> thank you, trey. i think process is final phase. i suspect. that the president will hold to his time table of naming someone before the end of the month. and probably address that in his union address on march one. trey: you served on levels that i never reached and for a period of time i'll never reach. let me ask you, from historical stand point, it used to be folks could say, i would not have picked that burn but they are qualified, i will vote for them, it does not seem like we're there now any more. can or should we get back to the days of saying that would not have been my pick but he or she is qualified? >> i'm hoping we can get back to that. i don't see it happening soon. unless there is a significant surge among voters in the next election, the fact of

cooper, can i follow-up on justice kagan's questions earlier? you were discussing with her if it should be -- expenditure is a constitution, and you are pushing back, saying it is and expenditure, but in your brief, you also argued that even if the other level of closely drawn scrutiny applied that attaches to other than expenditures, you still prevail, and i just want you to tell us why you think that. mr. cooper: we believe any level of closely drawn scrutiny under constitution limits would doom this statute for the incongruities, if you will, that make it quite clear that the statute itself does not -- it does not advance the interest that congress may have in preventing quid pro quo corruption. rather, it advances the illegitimate interests of incumbent protection and equalizing and leveling the playing field, that those interests fit this section 304 like a glove, your honor. the quid pro quo claim, the quid pro quo corruption costume that the government knows it has to dress this statute in because it is the only interest that this court h

kagan has her one role, what do you expect with judge jackson?, as the second youngest justice. she's 51. amy coney barrett is 50. she'll be among the youngest. she does have some experience as a federal judge, remember. she was eight years on the trial bench. so she certainly knows her onions. she knows the law. she knows the kind of things that tend to come here in the federal courts are the same kind of questions about administrative law and how federal agencies do their jobs that the supreme court tends to face. you know, in that sense she perhaps has more experience that would count in that way than childs would. now of course she's a former supreme court clerk as well. she clerked for stephen breyer, the man she's been nominated to replace and she was on the u.s. sentencing commission, another thing in common with stephen breyer. i suspect she won't be the liberal conscience that sotomayor as taken for herself nor the technician that kagan can be as well. i'd say she's be if the middle. it's a super 6-3 majority for the conservatives, but s

well, liberal justice elena kagan, who argues there's plenty of time, by the way, is reiterating that stance. i mean the primary in alabama, it's not tomorrow or next week or even next month. it's not until late may. she wrote in her dissent, joined by justices breyer and sotomayor, that her court's decision, quote, does a disservice to the district court, which meticulously applied this court's longstanding voting rights precedent and, most of all, it does a disservice to black alabamans, who under that precedent, have had their electoral power diminished. justice kagan also pointed out that the court shouldn't even be issuing such an order on its so-called shadow doctor, which is this emergency docket that doesn't have the benefit of getting full briefing, of having arguments, and some would argue the transparency needed to understand the nature of the court's decision. so since the merits of this case won't be taken up until now later this year, that means the midterm elections in alabama will be held on maps that could ultimately be ruled illegal after the voting has already been

cooper, can i follow up on justice kagan's questions earlier? because you were discussing with her whether it should be analyzed as an expenditure or a contribution. and you were pushing back and saying it should be an expenditure. but in your brief you also argued, i believe, that even if the other level of scrutiny, closely-drawn scrutiny applied that attaches to other than expenditures, you still prevail. i just wanted you to tell us why you think that. >> thank you, your honor. yes, we believe that any level of heightened scrutiny, closely-drawn scrutiny under contribution limits would doom this statute for the incongruities, if you will, that would make it quite clear. i would submit you to, justice kavanaugh, is that the statute itself, it does not, it does not advance the interests that congress had in preventing quit pro quo corruption. rather, it advances the illegitimate interest of incumbent protection and equalizing and leveling the playing field. those interests fit this section 304 like a glove, your honor. the quid pro quo claim,

. >> reporter: the threat of russian invasion is familiar to new york city councilman ari kagan.ve seen this type of geopolitical invasion in your country. do you think vladimir putin stops there? >> of course he doesn't stop. he would prefer to contro again all former republics of the former soviet union, including baltic countries. >> reporter: the belarusian fled the ussr when he was 26, and today is an active part of american democracy, representing the district that covers brighton beach, which is often the first stop for immigrants from the former soviet union entering america. >> it's the same family. you cannot say this is ukrainians, this is russians, this is belarusians. it's the same people. >> reporter: before he was elected councilman, ari hosted russian language tv show "here in america" where he warned of vladimir putin's insatiable desire to reform the soviet union and to destabilize western democracy. >> here, if you let putin come in and continues, anything goes. he is already here in america. cyber attacks, propaganda machine, agents everywhere. he wants to con

robert kagan in the washington post last night simply said the baltic states are the most at risk by's perception of his russian empire, whatever that may be. how at risk this morning is estonia, latvia and york lithuania? -- and your lithuania? >> we cannot be complacent. the cold war was rejected in the borders in the 21st century are being rewritten rudely with force, there is no way to be complacent. that's why the u.s. should station permanent troops in the baltic states. tom: from this weekend, the question has to be the application of nato troops and united states troops. do you need to see more active summoning of those troops to your lithuania? >> we appreciate support but the united states is demonstrating. the kremlin respects only boots on the ground and i know that from our experience and that's what we expect and request for the u.s., to come to the rescue and prevent any kind of engagement. katie: is it force it ultimately will make a difference to vladimir putin? >> i think it will require strategic stamina and western result -- resolve to recognize what's going on. w

but you sign on justice kagan on when the majority let texas enforce the abortion ban that majority's decision is emblematic of too much of this shadowed docket decision making which everyday becomes impossible to defend. just know this gets another important topic, what you think of justice defense and what did you think about the emergency order process this getting impossible to defend? >> guest: what did i think about that case? i think that was wrong. not only did i wrote but i signed the dissent. and what i think is primarily an effort to explain what the emergency docket is. and why you have to have quick decisions normally, and you do basically the emergency docket is a docket or someone believes the court will hear the case so while we are writing the briefs and while we have the oral arguments, will you please issue an injunction stopping this are taking an injunction away and letting this go forward, they mostly and my experience have involved the case. and somebody has a point and says i want you to accept this. and in the meantime would you please stop the execution. now

i mean, the idea of not correcting the area in the issue prior to elections, well, elena kagan, who argues there's plenty of time, is reiterating that stance. the primary in alabama, it's not tomorrow or next week or even next month. it's not until late may. in her dissent, she argued that the court's decision does a disservice to the district court which meticulously applied the longstanding voting rights precedent. and most of you will, it does a disservice to black alabamians. the justice said the court shouldn't even be issuing such an order on the shadow document, an emergency document that doesn't have the benefit of getting full briefing and oral arguments. so since the merits of this case won't be taken up until now later this year, that means the midterm elections in alabama, they'll be held on maps that could ultimately be ruled illegal. after the voting has already been done. and what is the expectation, that they'll somehow reverse the election based on the maps? no, what will be and will obviously stand, this isn't just an alabama issue, by the way. gerrymandering has been par

i don't know whether he hired the most like firms or justice kagan may have hired more but he certainlyade it a priority to higher black folks. we never had a conversation about the wine but that's not the kind of thing that happens by accident because there are a few otherjustices did it . but he consistently had at least one black clerk. almost every year. and this does have something to do with the feeling he had that america's governing institutions should look like and represent the points of view of its people, all of its people. so i think that he would be very proud of the efforts to make sure that some point you can have all the perspective in terms of their only nine justices but at some point, sure . let's have one of us up there . >> i think i would add to that first of all add to the shout out to justice breyer and justice stevens. i know it's just two of the names being bandied about for people who are justice breyer and justice stevens. >> .. it's hard to prove what's there but just know also it's tremendously hard apparently justices to leave the court, my justice left r

she was mentioned when justice kagan was nominated many eryoos ago and after the spot that went to merrick garland and ultimately nowhere. but she's someone who is well respected by colleagues on both sides of the aisle. paul ryan is her relative by marriage. and he too weighed in at one point to say she was an absolutely wonderful person. thoughtful, considerate. exactly the kind of temperament one would want on the bench. i think what the president has done is picked a nominee that will speak to the values of the party and the american public and be an historic and much celebrated nominee today and in many years to come. >> thank you and pete, we'll see you around 2:00 when the president makes the big announcement and introduces judge jackson publicly and officially. thank you. >>> and vladimir putin's end game. russian troops moving closer to nato flanks. former cia director and defense secretary joining us next. d def secretary joining us next. with rybelsus®. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people

fred kagan things that the attack is tomorrow. i don't know what the purposes for these constant appearances by him and his officials to say that war is coming and attributing it to intelligence. i think it is obvious with the troop buildup and his disinterest in dialogue. he is made that decision for military operations and i've not seen any concrete action or strategy by joe biden to stop it >> he says it is time we turn the table and the biden administration has got to put putin and in the driver seat so often. it's enabled him to dominate the global agenda and distract us from other priorities. how does -- they do that. >> we have a window of opportunity. we had a free single signpost indicating what the intention was. we've known for years that putin was planning to integrate ukraine into under pressure control, including by military means that we have not developed eight current strategy. deterrent strategy is something that the pentagon is really not good at. look at afghanistan. we've lost effectively to a low-tech adversa

all people, somebody that likes to boast that he voted in favor of confirming justice sotomayor and kaganabout that biden did not choose his home choice. i hope they have support to back this justice, and if everything goes like in the past they should be able to get that. >> if not for the ukraine war going on right now, the supreme court nomination would be the be all and end-all and what we are all talking about and still a big play in the state of the union. i would not be surprised if she's a guest sitting in the gallery near the first lady. >> i think she won't be. i wonder if the senate would consider that a little too forward, and one thing that will be different to watch the confirmation hearings, as you know seeing so many of them, what is your opinion about abortions, and roe v. wade, and if they uphold the mississippi law that would ban the law after 15 weeks, it may take the dynamics. >> it will remain a 6-3 court. maybe some of those questions are less important because she's not going to change the political makeup of the court? >> i think they would be more important if sh

. >> jeffrey, justice kagan wrote in her dissent that by allowing this map that the court does a disservice to black alabamans who under that precedent have had their electoral power diminished in violation of the law this court once knew to buttress all of american democracy. is this another blow to the 1965 voting rights act? what is your take? >> the voting rights act is, you know, the most important civil rights law ever passed in the united states. before 1965, african americans particularly in the south effectively were unrepresented in congress, in the state houses, in governorships. and this was really changed by the voting rights act. over the past ten years, the voting rights act has become increasingly a dead letter that basically what the supreme court is doing is saying to these republican dominated states, look. you can do whatever you want to make sure that republicans stay in charge. and that african americans have less representatives in the house of representatives, in the state houses, than they would as elliott pointed out based on their percentages of the population. wh

the person behind it is kagan klein. authorities found that, 26 years old. he is now in prison.son interview with him, and one of the questions they asked him, were you the man on the bridge back in 2017? list en to his answer. >> that was not you? >> no. >> are you aware whether you may have talked to libby on the 13th? >> that's what they said, and that's what the police told me. >> that you did. >> yeah. >> and do you have any recollection of that? >> no. not at all. i've told them a hundred times i've done everything they wanted me to and it's like they're just harassing me. >> so investigators have told him that he was the last person to speak with liberty german. now, over the bridge, it's uncertain, but they said they found no connection at all between kegan kline and the video. >> that's two significant pieces of evidence they have now. >> yes. >> jean casarez, thank you. >>> thank you for joining us. i'm bianna golodryga from new york. >> and i'm jim sciutto in kyiv. kate bolduan starts right t aft a a quick break. of...this.ore this is the planning effect. looking to g

supreme court, from justice kavanaugh and amy coney barrett, to back to sonja sotomayor, and elena kaganthat we're united on getting a good nominee, and so is the president. i just think we have some excellent choices here. and also, we know, the attacks have already started against some of these nominees, we know that's part sadly of our politics today. but we're ready, we just say bring them on, because these nominees are extraordinary that he's looking at. >> senator, good to talk to you. thank you for being with us. we appreciate your time. >> thanks. wonderful to be on. >>> we've got much more of lester's exclusive interview of president biden next. le ster's exclusive inter view of president biden next it's our ultimate sleep number event on the sleep number 360 smart bed. it senses your movements and automatically adjusts to relieve pressure points. and it's temperature balancing so you both sleep just right. and now, save 50% on the sleep number 360 limited edition smart bed. plus, 0% interest for 24 months. only for a limited time. >>> you just heard us play a little bit of lest

then we go to clarence thomas and then to me and then to sam alito and justice sotomayor, justice kagan, justice gorsuch, cavanaugh, -- justice kavanaugh, and justice barrett. no one speaks twice until everyone speaks once. that is a very good rule. i was a judge for 11 years, almost hold the world's record. we 10 days to take the oath -- waited 10 days to take the oath. being a junior judge and i could have gone down in history as the answer to a trivia question. nonetheless, after everyone has spoken there is back-and-forth, and the back and forth does not always work this way. you get into a thing, appeals court, there are only three. when you start with i have a better argument than you do, forget it. the next person thinks they have a better argument than you do. before you know what everyone is trying to figure out who is the best argument, so here we are. that does not get anywhere. but if you listen to what somebody else's saying, i learned from senator kennedy when i was there, you listen. they are likely to say something that you actually agree with and you say "ah," maybe we

as you know, president obama nominated elena kagan, who was not a judge, she was solicitor general. to be a supreme court justice -- she got a big confirmation vote. it is an outstanding justice. he will look a lot -- widely. certainly, being confirmed by the senate is an advantage, but it is not a precondition for being his nominee. >> with a judge ketanji brown jackson, she was confirmed by this senate and she is the only one who i see on the generally recognized shortlist who was confirmed by the senate who is being considered to be moving up to the supreme court. she got three republican votes, including lindsey graham's for the circuit court of appeals. everyone knows, those senators knew when they were voting for her, that that has been the historical launching pad for supreme court nominees. so, it seems that is a tremendous advantage going into this process. that within the last 12 months, she had the support of three republican senators. >> lawrence, you are not going to get me to handicap candidates that the president may pick. judge jackson is of course an outstanding jur

kagan san francisco police chief bill scott he is african-american.re with the office of san francisco cases involving cops. he is saying that the d.a. is chronically concealing evidence to hurt police, your thoughts on that? >> see, that person should be removed from their office. once again officers are putting their lives on the line. to be treated in this type of way not only hurts the officers but the public at large when you do things like this. we are the gatekeepers. we are the people out on the front lines once again running towards danger. for d.a. to do something like that the person definitely should be held accountable. you are also going have the family members are going to start complaining once they see their family members being robbed, being murdered, they're going to restart rising up against us. elizabeth: doctor oscar odom i like your vice president police we asked what's the fix let's look at his reaction by. >> police officers delivered historic crime reduction in the 20 years prior to this huge spike we sound violent crime over

one of the reigning systems i saw put her slightly to the right of kagan. the mainstream. she's obviously replacing a democratic nominee. as marshall said earlier today, it will not alter the balance. >> jonathan, how do you see her fit? >> i think she will fit in just fine considering she has been on the bench for a few years now and folks lover. when it comes to the republican opposition, the idea, i can't remember which republican member of congress said this. she is a left-wing radical. that would have been branded onto whoever the president named . it just now happens to be judge jackson. if republicans stick to substantive criticism of judge jackson, either her record or rulings or cases, they will be fine. the moment they stray into the territory that senator kennedy of louisiana dead wife and he hoped the president would choose someone who could tell the difference between a j.crew catalog and a law book or another member of congress who said, no matter what the president was making an affirmative action hire. if they go down that route, they should

in a separate dissent justice elana kagan said they've had their power diminished in violation of a lawnew to buttress all of american democracy, end quote. and it is into this context, into a world created by an activist right-wing supreme court bent on ignoring the precedent of what was left of the protections of the voting rights act. there aren't many left, that we need to understand the oncoming assault on voting rights from the states. according to the brennan center for justice, as of january 19th, 96 bills were filed that would make it harder to vote in 12 states. that's just in 2022. that's not including bills carried over from 2021. i think the number is 240 when you count them all. almost all target mail-in voting. senior counsel for the naacp legal defense and education fund which is a participant in this case. mr. ross, thank you for joining us this morning. what's your sense of how this is going to play out? >> yeah. so thank you for having me. i appreciate it. i think that we're concerned, obviously with the supreme court sort of stepping in after a lower court decision h

here's what elena kagan said for the minority here. she said the court's opinion does a disservice to the district court, which meticulously applied this court's long-standing voting rights precedent and most of all a disservice to black alabamians who under that precedent had their electoral power diminished. the big picture here is the future of a key section of the voting rights act that is meant to protect minority voters could very well as soon as next term be cut back. >> it is interesting on this issue of precedent. i remember watching a lot of supreme court confirmation hearings where all of the nominees said precedent rules. and here is another case doesn't appear that it did. >> yeah. time after time we have been seeing that pattern now. and the supreme court we know will still hear the case, the full case next fall. but given the role that elections played in the majority's decision here what is the likelihood the court then will reach a decision before the midterms? >> it is not high. the court hasn't said exactly when it i

staff for working with us to put together this hearing as well as my own staff, mark and avery and kagan the work they do everyday. so some of you may know my dad was a newspaperman, as a reporter and a columnist in the twin cities. he covered it all in an estimated 8400 columns, and about 12 million words in which he interviewed everyone from ronald reagan, senator lee, to ginger rogers, to chicago bears coach mike ditka. i won't say which interview was his favorite. he was proud to be a newspaperman, and as you can imagine, in my house growing up it was impossible to forget the importance of a free press. and that is what we are here to talk about today, to talk about the critical work news outlets around the country are doing and explore solutions to some of the existential challenges facing journalism. it is truly local news, the reports on issues that people face in their everyday lives. i think about the forum in my home state actually of minnesota next to north dakota that includes moorehead minnesota when the floods catastrophic floods hit the area. that newspaper and the local b

but, you know, the tendency has been to -- with the exception of elena kagan who was never a judge --een judges because they have a definite record that allows more thorough vetting of their views. >> and we also have new reporting on the president's republican outreach here. we know he very much wants to get republican votes or whom ever he decides to nominate. pete mentioned the south carolina republican who's have been pushing for judge childs. where else might the president be fishing for republican votes. >> we do have some names, garret. we see a report on three republican senators that had personal conversations with president biden just over the last week on the issue of the supreme court. that is susan collins, lisa murkowski, mitt romney. three other names that we can report the white house has reached out to in the hope of having a conversation, rob portman, lindsey gram and john cornyn. graham has a higher than usual roerd compared to the rest of the caucus of voting for president biden's 46 confirmed judges. democrats do not need a single republican vote to confirm this n

this is justice elena kagan.not entitled to keep violating black alabamans voting rights because the court came down in the first month of an election year. if you leave this map in place and have a primary and general election and then you're arguing after the fact and courts say you had the election, you're done. >> this is you know, hearing the justification from the majority, it reminded me of the mitch mcconnell explanation for why, you know, one ought not to act for exampleaie supreme court nominee. the court is saying it's too close to an election. let's just leave things the way that it is and you know, what the liberals are arguing, and you can see the justification for that is that if you wait until after the election, the harm has already been done. you can't undo the damage to black voters and their political power after the fact and so when you have black voters only able to represent -- to elect about 14% of the political power in that state, and they are 28% of the voting population in the state, i

on supreme court, from justice kavanaugh and amy coney barrett back to sony settle my or and elena kaganident. i just think we have some excellent choices here. and also, we know that the attacks have already started against some of these nominees. we know that's part sadly, of our politics today, but we are ready. we just say, bring them on, because these nominees are extraordinary that he's looking at. >> senator, good to talk with you. thank you for being with us. >> thanks, ali. wonderful to be on. >> we've got much more of lester's exclusive interview with president biden, next. stay with us. 's exclusive interview 's exclusive interview with all you have to do is schedule delivery. go to capsule.com to get started in 15 seconds today. what can i du with less asthma? stay with us namaste... ...surprise parties. aww, you guys. dupixent helps prevent asthma attacks... ...for 3!... ...so i can du more of the things i love. dupixent is not for sudden breathing problems. it's an add-on-treatment for specific types of moderate-to-severe asthma that can improve lung function for better bre

justice elena kagan wrote the dissension for the minority.r clear vote deluilution. what does this mean for black voters there? >> thank you. thank you for the invitation to join you. it means that black voting power will be deleted. it means that voters in alabama won't be protected when it comes to the ability to elect candidates of choice. this u.s. supreme court is another blow to the voting rights act of 1965. what we continue to find, because the senate, the u.s. senate, has not acted, had the opportunity to act but because of a rule, did not act to reform the voting rights act as far as enforcement powers to make sure that discriminatory practices based on race would be eliminated. and so, here we are. going into the '22 election, let alone the 2024 election that's coming up, that we are not -- our rights are not protected in this country. >> i want to read you something that congressman mo brooks of alabama, republican, has said, and i am reluctant to quote congressman mo brooks ever since he told the angry mob outside of the capitol

but you stated on to a statement from justice kagan when texas enforced that majority ban, but said the majority's decision is emblematic of this court's shadow docket decision making, which every day becomes more impossible to defend. >> didn't i write your own decision? >> you did, but this is -- this gets to another important topic that people are concerned about. what do you think of justice alito's defense, and what did you think about the emergency order process that was getting impossible to defend? >> what did i think about that case? i thought it was wrong. that's why i not only wrote the dissent, but signed other dissents. what i think justice alito said is it's primarily an effort to explain what the emergency docket is. and why you have to have quick decisions normally. and you do. the emergency docket is a docket where someone who believes that the court willfully hear their case, says court, while we're writing the briefs, and while we're having the oral arguments, and while you will decide, will you please issue an injunction for stopping this, and they give reasons. they