kimberly kagan say now? - [announcer] "firing line" with margaret hoover is made possible in part by: robert granieri, vanessa and henry cornell, the fairweather foundation, the tepper foundation, the asness family foundation, the mckenna family foundation, charles r. schwab, and by the rosalind p. walter foundation, and damon button. corporate funding is provided by stephens inc. - dr. kimberly kagan, welcome to "firing line." - thank you. - you are a military historian, the founder and president of the institute for the study of war and you advised general david petraeus in kabul for 17 months during the afghanistan war. currently, there are two major wars underway, the israel-hamas war and russia's ukraine war. describe the mission of the institute for the study of war against the backdrop of these conflicts. - the institute for the study of war exists to help civilian leaders, policymakers, military leaders, and journalists and the american public understand what is happening in conflict zones around the

and just as kagan said -- i quote, majority should go back to school. that is, the tone of the opinion but ultimately they don't really get that issue. instead, they talk about various tests and with the world look like with copyright law applied in lawrence and whether or not the great painters but kind of just as kagan's points, both photographs and these paintings serve the same purpose, i think both are there arguments. these points i make in my article is that people tend to forget copyright, trademarks and trade secrets, they are property. if you recast these cases as a property case, they start making sense because, of course get a bunch of property owners and go outside right now and protest whatever you want to protest. he can't quite cato's lobby, you can do it outside, cato is also, you can use cato's name but you can't in the auditorium unless invited so trademarks and copyrights, you can talk about how good or bad mcdonald's is, how could or bad jack daniels is, but you cannot use the trademark itself to sell your own. you can't try to rewr

with profoundadness, justices kagan, jackson, and, dissent. justice jackson did not participate in the consideration of the case in 20199, and joins this >> washington journal, discussing politics and public policy from washington, d.c. c spans washington journal, jointly conversation live at 7:00 eastern tuesday morning on c-span, seized on nine -- c-span now or online at c-span.org. >> next, an oral argument heard by the wisconsin supreme court in a case that could determine which political party controls the state legislature in the next legislative cycle. a group of democratic voters view that the master gerrymandered and violate the wisconsin constitution. they want the maps redrawn, saying that they heavily favor republicans. this oral argument is nearly three hours. >> heare, heare, heare. the wisconsin supreme court is now in session. your

with profound sadness, justices kagan, jackson, and i, dissent. justice jackson did not participate in the consideration of the case in 20199, and joins this dissent only as it applies to case number 21707. [captions copyright national cable satellite corp. 2023] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] announcer: c-span's washington journal. our live form involving you to discuss the latest issues in government, politics, and public policy. from washington and across the country. thursday morning, we will talk about race and political news in the national mood on thanksgiving day 2023, first with frank lundtz. then with senior political analyst mitch. also with bleeding heartland publisher and editor, laura. an author, journalist and host alexander discusses how to advance civil discourse and bridge political divides this thanksgiving. c-span's washington journal, join the conversation live at 7:00 eastern thursday morning on c-span, c-span now, or onl

i find myself in a grouping that includes justice kagan or justice sotomayor. i wouldn't want to leave the impression that i am alongside them. got to them. i just say my perspective is different just by virtue of being a woman, because we bring to the law are methodological and jurisprudential commitments that are independent of our sex. but i think that it is delightful to have the companionship of them on the court. it was -- the formerly most senior justice throws a welcome party for the new junior justice, justice jackson. i got to do that, we did it last january. it's just for the justices and their spouses, and retired justices and their spouses as well. so you can pick your favorite food and she picked her favorite entertainment. she really loves hamilton, i found someone who sang on broadway, and he serenaded her with some songs. but it's really important to have people on the court to consider friends. the mako justice kavanaugh, and his wife ashley found some new orleans singers to sing some jazz music, including a second line. >> i wanted to ask you

but you seem to be suggesting and i think this is going back to a questio that justice kagan asked --t what we're looking for is reconstruction era sources i suppose that supply to the regulation of white protestant nelated to domestic violence is that the level that we're focusing on when we're trying to find hirings history and tradition? no, your honor i think it is founding era not the recotrtion era what we're talking about -- >> i apologize powngdzing founding era. >> someone understand to be part of the people a right holding system. people doing what saying it is the people which in that case did not include all of the peopleut fine we've identified the relevant people who are being regulated. isap it eug that they were being regulated withesct to just dangerousness or are we looking for a regulation concerning this set of circumstances? >> itoe't have to b specific to domesti violence not interpersonal violence, robbery so in other words, society understood violence understood dangerous people danger existed but they rejecd every point the type of dangerousness disarmorment p

i think it was don kagan who was one of the great certainly not left wing philosophers. he was the great, great ancient greek historian who died only recently. and he had been the dean of yale college, i believe it was professor kagan, who said something to the effect of years ago, a student could graduate yale with an education, didn't have to have an education to graduate yale, but it was possible. and today, i'm not sure it's even possible because so much of that university and really all of the universities has been taken over by grievance studies, the the pseudo academic departments that come out of critical theory. i'm thinking of women's sexual and gender studies, black studies is this studies that studies american studies, which ironically is the only studies where the teachers teach you to hate the thing that you are studying. that's not not true of black studies, not true of women's studies. there was a great exchange with another yale professor, harold bloom, a great defender of the western canon, who said that he had a student walk into his class and say, pro

justice kagan dealt with her own ethical quandary.ting this past spring, some of kagan's old classmates from decades past wanted to send her bagels, fancy bagels. her classmates said kagan emailed and said, quote, i have to take these ethics and reporting considerations very seriously. she turned down that box of bagels. >> love those bagels but that's what she had to do. thanks. >>> tomorrow we are airing our 22nd episode of "race in america: the conversation". with this episode we look into an array of things associated with the prison system, including rehabilitation and education. governor newsom laying out an ambitious plan to transform san quentin from a prison to a rehabilitation center. i sat down with uc berkeley professor of public policy and political science. >> in the early 2000s california added rehabilitation to his names, department of corrections became department of corrections and rehabilitation. but the reality is, there hasn't been the kind of investment in high-quality programs and access across all of the prison

elena kagan is half right. when she criticizes the majority opinion and roberts for not having a concrete harm or an imminent harm. if you read scalia's opinion in lujan, and in the most recent decisions in trans union and spoke ale, it is impossible to square the text of the roberts opinion with standing doctrine as it is standing now. the only way to understand it is a revival of massachusetts versus epa, and i am disappointed in all of the justices, maybe most ld disappointed in the liberals, for not being consistent. now, they were not on the massachusetts versus epa court. i should pause and say what massachusetts versus epa was about a misunderstanding question was on climate change and greenhouse gases, to massachusetts and other states have standing to bring the claim, and it was as much a speculative, not imminent kind of question, but the court recognized, quote, the special solicitude for states as a sovereign, as a cause i sovereign, i'm not sure what a quasi-sovereign in. states, what is dual sover

>>ustice kagan. >> this takes us to another question of the apparent but call the ahaic nature of yr test, what sik me it's hd to predict the future, changes happen very quickly in the last however, many years a is going to continue to happen. all. part of the change more and more of our government opetes on social media and more of our democracy opete on social media, public discourse this is a forum for officials to talk to citizens and citizens to talk to each other and it is becoming increasingly so and i worry the rules that you are suggesting and even the analogy that you are propongs though we can tisfy and solve this case by thinking about grocery stores is really not taking into aou the big picture of how much is going to be happening in this forum and how much citizens will be foreclosed from participating in our democracy if the kind of role you are advocating goes into effect. i would like t you t cment on that. it's a big picture, challenge about eature of the world that we live in and were going to live in and the need for rules that are going to meet a world that we do

the third value justice kagan you were pointing out this is e place were members of the town came toalk to one ath and that is part of the give-and-take of local self-government. finally there is a dignitary interest to the extent were not just talkingbout someone doing the sunblock information you had informationndlso matters it is the government who is doing itoou. we had an example about a public school teacher who held an end of year party at her own house so there is nout no authority being used is not using any state fdsut she only invites the white students from her class we think that woul b an obvious constitutional problem, it is not a problem because any st of coercion, is not a problem because of use o state resources and is not about deal of access to pizza a ice cream. it's a digniry harm and somebody from the government tread u in a particular way that you should not be treated. thatsomething that gets lost when you don't take account of th fact that he was holding himself as a city mager establishing this channel, talking to citizens in the capacity, there are also fi

kagan thank you mr. chair. quick center cassidy >> i have lots of questions so if i interrupt you please be tight with your answers if i interrupt you i apologize in advance. usage and your staff and tribute you support the reasonable price pricing clause included in the recent contract with a barta but you were not familiar with the nih experience the '90s. clinton administration nih director stated resending the policy extensive review indicates the pricing clause has driven industry away from potentially beneficial scientific collaborations. and eliminated the clause promotes research that enhances the health of the american people. research america and the lives of hundreds of organizations advocating for biomedical research expressing concerns about the policies that would quote discourage the uptick of breakthrough the uptake of breakthrough discoveries by the private sector. this would be detrimental to patients. would you apply at reasonable it reasonablepricing clauses tos if confirmed? >> ranking memb

. >> i have the same question basically that justice kagan just asked you. yo response in your reply briefas an answer ton argument that was made the respondents on page 24 of their brief where they say if the viewer is correct that there's no constutnal limit on congress' power to pass laws, providing funding to agencies then single cogs allocate each year for up to $1 trillion to an agency like the fbi or ftc, en up to a quadrillion dollars for the president to find as he deems fit the entire federal government bid the army. now you ansrhe latter part of itn your reply brief about euadrillion dollars and you just answedhat in response to justice kagan. you didn't answer the first part of that about providing a very sutaial sum of money to agency like the fbi or the ftc. so i just want to understan what you think t limiting principle is. let's take, let's take the ftc,, which i tnk had a budget of of $430 million. so let's say tre a law that allote forever up to $1 billion, adjusted for inflation, t the ftc to use as the ftc sees fit. wi o a consistent with

kagan think of your testimony next we will have matt from montana. five minutes your entire statement but part of the record reflects ranking member moran distinguished members of veterans affairs committee on behalf of montana national alliance of mental illness or montana would like to extend our gratitude for the opportunity to share with you our views and recommendations of veterans healthcare research. the entire committee of plaza committees dedication address in the critical issues around mental health and veterans suicide. i also expressed gratitude for the committee's rescue of the va research program in the cleveland dull act last year. without the committee's decisive action to prevent the bureaucratic conflict of interest conclusion v8 research around the country would've shut down. and we would be having a much different hearing today. as montana's executive director i served on the commission and it also served on this -- i'm not speaking on behalf of of these today. based upon that grant background and experience i believe for congress

justice kagan? justice kagan: i would ask on a completely different question, but one notable thing about the argument here is that on both sides there's been very little discussion of what originalism suggests about this question. and i -- so i just want to ask, what would a committed originalist think about the 161 kind of race-consciousness that's at issue here? general prelogar: i think that an originalist would think that this is clearly consistent with the original understanding of the fourteenth amendment, that universities have come forward with powerful evidence that surrounding the time of enactment of the fourteenth amendment there were federal and -- and state laws that took race into account for purposes of trying to achieve the central premise of the fourteenth amendment to bring african american citizens to a point of equality in our society. and i think what's so notable if the court is focused on history here is that petitioner has come forward with essentially no history to support

and you have the three democratic appointees, sotomayor, kagan and jackson the other. and in the middle you have the chief justice and justice barrett and justice kavanaugh, none of whom i would say are moderates, but they're in the median. and i think they have somewhat more nuanced views about danger of this public confidence in the court that they're they're more worried about it, i think, than the alito's of the world. so you point out in your book that congress can and has expanded or changed the number of seats on the court. congress could create even an additional body of appellate review above below the circuit courts of it west. you talk about the growth and changes in the judiciary, but at a time that so hyper polarized, would we want or the white house to have anything to do with changes the functioning or size or jurisdiction of highest court? well, i mean, i think this is one place where my book actually really starts dovetail quite poetically. marti's right, which is part of the story i'm trying to tell, is a story about institutional relationship chips a

justice kagan spoke about the rights and wrongs of being a judge when she recounted her conflict whene of her classmates decided to send her bagels with lox and capers. kagan emailed back and said i have to take the ethics and reporting considerations very seriously, so she turned down that box of bagels. >> really interesting to see the differences. thank you, scott. >>> let's take a live look outside at the golden gate bridge. pretty clear out there, at least when it comes to traffic, for the time being. i know there's some backups mike is keeping his eye on. what about weather-wise? we're noticing the change already, kari. >> we can see that it is wet there, looking at the golden gate bridge. we've seen some off and on showers for parts of the bay area, but it is gradually going to clear up. in oakland, it is now 58 degrees, 51 in dublin and 57 in san francisco. also a little more of a breeze in the south bay as the sky starts to clear out and the rain is being drawn to the north. we can see there's a couple of areas of low pressure spinning in the pacific. the one closer to us is

. >> i don't believe that's true at all, justice kagan. i think they look at how much the areas favored president trump by. this particular -- >> holding that constant you'd rather have th 20% vbap or 17%? >> it would depend on other factors such as traditional principles. >>hat this trial court found on the facts thoarng evidence, was that the mapmakers made a dgnt they'd rather have the 17%. that, you know, along with the election dat theyight -- they were -- they looked at this one ye o the election data. but thathe 17% was what wod say, if we go above that we're not sure we can hold this when another election comes. >> the record did not support that finding. >> how do you explain the consistency? i mean my understanding is that thousands of people were moved in and out of this district and yet that line, the line concerning the amount of, you know, black voter, adult voter participation remained the same. if that was not -- if what the court found here was not happening how do you explain the consistency of that l >> we have a few exp

. >> chairwoman kagan thank you for inviting me to testify today. it is important to be clear that when we talk about protecting v.a. whistle lowers we're talking about v.a. ability to to fulfill one of the most mandates of the federal government to serve families and and caretakers. >> survivors of ptsd, and suicide and traumatic brain injuries, physical issues and other issues which may impact them for life. what does it mean when veterans are cut off from life saving services this is what is most at stake. v.a. whistle flowers have exposed corruption and abuse within the v.a. at large. that i'm cames and under mind health, safety and dignity of the veterans they serve it is important to protect v.a. whistleblowers, we are concerned about the entire system of care. we're all away of historic problems with oawp from stemmed from lack of npgd independents from the very beginning. it was clear we needed more resources to address the rise of whistle lower complaints, we knew without cite independants. no internal whistle lower office could adequately

. >> chairwoman kagan thank you for inviting me to testify today. it is important to be clear that when we talk about protecting v.a. whistle lowers we're talking about v.a. ability to to fulfill one of the most mandates of the federal government to serve families and and caretakers. >> survivors of ptsd, and suicide and traumatic brain injuries, physical issues and other issues which may impact them for life. what does it mean when veterans are cut off from life saving services this is what is most at stake. v.a. whistle flowers have exposed corruption and abuse within the v.a. at large. that i'm cames and under mind health, safety and dignity of the veterans they serve it is important to protect v.a. whistleblowers, we are concerned about the entire system of care. we're all away of historic problems with oawp from stemmed from lack of npgd independents from the very beginning. it was clear we needed more resources to address the rise of whistle lower complaints, we knew without cite independants. no internal whistle lower office could adequately

it's certainly something that justice kagan was pressing the lawyers hard on today. i'm sure that you have some of that if you want to play it. >> let's play that, let's play that. >> i'm just going to read you a sentence from the brief and i want to know whether, you know, that is your essential argument. it says, the government has yet to find even a single americ jurisdiction that adopted a similar ban while the founding generation walked the earth. so is that what we should be looking for? d we don't find it that similar ban, we say that the government has no right to do anything? >> your honor, i think that's largely what bruin says. >> bruin is of course that case, and that's why i think that they are uncomfortable. i think that they are uncomfortable of giving the idea of giving license to people that the state has deemed dangerous. >> that's justice kagan. are the others uncomfortable as well? the more conservative parts of the courts? >> i think justin roberts had some questions. he's always looking for limiting principle, trying to figure out if there is a

justice elena kagan. >> you don't give guns to people who have the kind of history of domestic violence that your client has. >> reporter: now, ever since the court ruled that there's an individual right to bear arms, there's been a lot of confusion in the lower courts over what kind of gun laws are constitutional. this case could also provide some much needed guidance on some of those other gun regulations, including efforts to ban specific kinds of weapons. norah. >> jan crawford, thank you very much. >>> the "cbs overnight news" will be right back. do you struggle with occasional nerve aches in your hands or feet? try nervive nerve relief from the world's number one nerve care company. nervive contains ala to relieve nerve aches, and b-complex vitamins to fortify healthy nerves. try nervive. and, try nervive pain relieving roll-on. honey... honey... nyquil severe honey. powerful cold and flu relief with a dreamy honey taste. nyquil honey, the nighttime, sniffing, sneezing, couging, aching, fever, honey-licious, best sleep with a cold, medicine. >>> turning now to election day across

justice elena kagan. >> you don't give guns to people who have the kind of history of domestic violences. >> reporter: now, ever since the court ruled that there is an individual right to bear arms, there has been a lot of confusion in the lower courts over what kind of gun laws are constitutional. this case could also provide some much-needed guidance on some of those other gun regulations, including efforts to ban specific kinds of weapons. norah? >> norah: jan crawford, thank you very much. turning now to election day across the country, voters from coast-to-coast are going to the polls to weigh in on important races, including governor, state assemblies, and mayors in several major cities. kentucky and mississippi voters will decide if their governors deserve four more years or if they should be replaced. but there is one issue that is hanging over several races: abortion. abortion rights are on the ballot in ohio, and it has also played a central role in the campaigns in virginia for control of the general assembly. cbs's jericka duncan is on the ground in columbus, ohio, to find o

well, first of all, this place where there was , there was this khazar kaganate, yes, and there remained tats, in the caucasus, of course, and these pogroms, well, generally speaking, this is not against the jews as an ethnicity, it is against the jews as a religion , and this is an action of solidarity with hamas , well, that is, solidarity with a terrorist group, in israel, that is why, of course, i feel very bad about it, as , how can one express solidarity with those who are killing the civilian population there, peaceful citizens, well , this is this is simply impossible, and whatever motives there are, they cannot justify such events, well, once again. russian special services, what role did they play, organize, just watched, missed the danger that you choose from these options, well, we understand that for mr. putin the ideal is the brezhnev era, in the brezhnev era such soft anti-semitism was almost official, the ideology of the country, well, i apologize, it is not soft which, it is not soft, soft - what to compare it with, because there is hard anti-semitism, there is hitlerism

citing frederick kagan, a researcher at the american enterprise institute and a former professor of military history at the us military academy, analysts note that the balance of power is actually very unstable and can easily be shifted in any direction by the decisions made by the combined force. they add that ukraine has proven its ability to hinder russian forces and actually lead a large-scale mechanism. maneuver warfare, but this ability remains absolute dependent on the continuation of western aid to ukraine. in this context, we will also talk about the situation at the front and how the west sees what is happening now in ukraine, what to expect next with our guest oleksandr kovalenko, a military observer of the information resistance group, joins the broadcast. i congratulate you, mr. alexander. good morning. do you agree with the statement that from help. the event will really depend on both the development of events on the front and, in general, the final of this one large-scale war. yes, of course, because ukraine currently does not have a developed military-industrial complex that

the morning, in genera i want to follow up on yours wants to justice kagan. the level ofgenerality bastion. do you think the lel of generality -- i take your point. got a lot of historical evidence. maybe not historical twin. yoare saying we should overlook that e same way i think you would say -- i want toma sure you would say the analysis is also to the right side of the ledger. the regulation side. is it a fowler or is it a must is that if renders ending the vaessee the lock boyes. we think it applies in both directions, in understanding e right it's selfand in understanding the limitations e built into it. >> you had a discussion about the length of time that some of the orders last. arguing for a temporary dispossession. unofficial challenge i wondering if we need to get into that. normally we ask officials there are any circumstanceinwhich the dispossession would be wf. maybe a lifetime band that comes tous, those would be separate russians. is that how you see, too? >> i think that would be a separate lesson, yes. a good reason to reject challenges as

elena kagan said we are not the nine greatest experts on the internet. i am going to leave you with optimism because here is the thing, they waited, we have been dealing with a gap in the first amendment principles for the internet for more than 25 years, a longtime parent supreme court is the reluctant to weigh in and they're not that many cases but they are finally starting to take them which makes us a little trepidations. but in counterman versus colorado which dealt with threats last term they were very sensitive to the misinterpretations you could put on rats in an internet context and they set mens rea's standards are high so that we did not absently punish speech that was not a threat. then they rejected the invitation make twitter responsible for all extremism on the internet generated by its algorithm. and if so, they are really trying to be careful in the adaptation of these principles and it gives me hope that the point is the principles. we reason by analogy, but sometimes the bag tech companies are not really analogous to anything we have s

this morning the supreme court took the lead from two justices neil gorsuch and elaine kagan saying theynly ones who can take the suits. and before rulings from naacp and others could take the suits under the voting rights act, but this particular rule prohibits the suit by race, and this is what the majority said is that congress did not exclusively give a right to private parties. for much of the last century, the courts have assumed that section 2 is privately enforceable, but the judge said, that a deeper look has revealed this assumption is resting on flimsy footing by justice david strauss who wrote for the majority and happens to be a law clerk to clarence thomas and one of donald trump's first appointees to the appellant bench, and on the other side, chief la ben ski said that rights so fundamental to citizenship should not rest solely on the discretion and the availability of the agents for protection. his point was that, you know, that it is such a fundamental landmark case from 1965, that it should not be just in the hands of the federal government to try to enforce it when ag

get my script here. 189 at rear admiral kagan 7th fleet commander that the senate vote on the nomination without intervening action or debate, that if confirmed, the action, motion to reconsider be made and laid upon the table, and the president be immediately notified of the senate's action. the presiding officer: is there objection? mr. tuberville: mr. president. the presiding officer: the senator will hold. mr. graham: executive calendar number 85. the presiding officer: is there objection? mr. graham: frederick w. kacher. mr. tuberville: i object. the presiding officer: objection is heard. the senator from indiana. a senator: i thank the president for the recognition. mr. young: let me begin with the obvious because i think senator graham did a great job of laying out what's at stake. he offered multiple arguments for why these amazing patriots who have dedicated their professional lives to defending our safety, our security, our way of life should be promoted and should be promoted this evening. the different take is just to begin with the obvious. we are in the midst of the most co

we saw some justices, kagan, saying, yes, a code would be a good thing, but we also some resistance by alito telling "the wall street journal," i already abide by ethics principles. a code might not be necessary. so the chief justice at least got all nine to sign this, but we still have to figure out just what is being promulgated here. what kind of a true ethics code and is it a kind of code that would lack teeth. if there are any violations, there would be no panel or higher authority, but at least an authority within their orbit to question it now. again, to the court's credit, it does say at the very end that they are trying to hash out those questions. they are going to be talking to their own legal council within the supreme court to see what kind of specifics might need to be added here. but i do have to say this clearly reflects the justices trying to respond to public criticism, trying to respond to what has been going on in the senate as recently as last thursday when senator durbin was trying to press subpoenas for people who had given financial benefits to the justices. and

that this promotion be taken up under the executive calendar, get my script here, 189, rear admiral kagan, seventh fleet commander, the senate vote on the nomination without intervening action or debate, senate confirmed the actions, motion to reconsider being made and laid upon the table and the president been notified of this action. >> is there objection? >> mr. president. >> senator, we will hold. >> this is why i didn't get promoted. executive calendar number 85. >> is there objection? >> senator from alabama. >> objection is heard. >> thank you. >> senator from indiana. >> i thank the president for the recognition. let me begin with the obvious. senator graham did a great job laying out what is at stake, he offered multiple arguments for why these amazing patriots to dedicated their professional lives to defend thing our way of life should be promoted. should be promoted this evening. the different take to begin with the obvious. we are in the midst of the most complicated, and therefore the most complex and perilous security environment i have ever experienced in my adult lifetime.

but political judaism could not create a strong support for the kagan in the army, where he served andagans and muslims and christians and soon next to the formal kogan. even the jews themselves were suspicious of the adoption of judaism by other peoples, calling the new coreligionists the leprosy of israel. judaism did not unite the population of the khazars, but pitted the jewish elite against the broad masses of the people. and vladimir told them: no, and in a rather convincing form. this could be the second religious scenario for ancient russia. islam. volga bulgaria was another spiritual center close to russia. the basis of the population, the turkic bulgars. the capital of bulgaria was located in a luxurious location, was the northernmost point of arab trade along the volga. the bulgars blocked the arabs' passage. thus, by the ninth-10th centuries, bulgaria had built connections with the entire eastern world, iraq, iran, and central asia. in india, thanks to the influence of the arabs , islam began to spread in bulgaria in the 2nd century; in 922, the supreme leader of the bulgar