chief justice roberts: justice kavanaugh. justice kavanaugh: thank you, chief justice. and good morning, ms. blatt. i want to focus on the facts of this case a bit and my reaction to it. as you say and i think helpful for you, the context here is a team and a coach, not the school more generally. but, as a judge and maybe as a coach and a parent too, it seems like maybe a bit overreaction by the coach. so my reaction when i read this, she's competitive, she cares, she blew off steam like millions of other kids have when they're disappointed about being cut from the high school team or not being in the starting lineup or not making all-league, and just by way of comparison, and to show how much it means to people, you know, arguably, the greatest basketball player of all time is inducted into the hall of fame in 2009 and gives a speech. and what does he talk about? he talks about getting cut as a sophomore from the varsity team. and he wasn't joking. he was critical 30 years later. it still bothered him. and i think that's just emblematic of how much it means to kids to

kavanaugh wrote the majority opinion. and last year, it was gorsuch again who joined liberal justices in a rule that protected members of the lgbt community from workplace discrimination. so joe, we know that confirmation exercises are hyperpartisan circuses in many cases, but in this case the central criticism of amy coney barrett was that she was on a mission, to use the term, to destroy the affordable care act. yesterday, she voted to uphold it. you know, there are a lot of things that are disturbing in american politics. the clown shows that these nomination battles have turned into through the years. and on both sides, we can talk about what happened with justice kavanaugh and what happened on the other side. we can go all the way back to robert bork. there's screeching and yelling and screaming on both sides, which are actually deeply offensive to people who actually follow the court and understand that sometimes it's not as cut and dried and willie, you can even look at the other case, where the city of philadelphi

chief justice roberts: justice kavanaugh. justice kavanaugh: good morning, mr. mooppan.hat if catholic social services were the only private agency in philadelphia that performed this service? meaning that same-sex couples in philadelphia simply could not become foster parents, and let's also assume there are no exemptions or other statements that are relevant to the analysis. in that circumstance, would there be any different analysis or result in a case like this? mooppan: yeah, i think that it would be a significantly harder case because the city at that point would have a interest that isn't presented here, namely, the interest in ensuring that gay couples in philadelphia would have the opportunity to serve as foster parents. but, of course, that isn't the facts that we have here. the facts we have in this case are that there are dozens of foster agencies that are available to serve gay couples in the city of philadelphia. and there's no evidence that any gay couple has ever even tried to use css as its agency. so, on the one hand, what philadelphia is doing here doe

justice kavanaugh: good morning.irst, you agree the ncaa can require that the athletes be enrolled students in good standing, correct? mr. kessler: yes, i do. justice kavanaugh: i think we need to think about what the next case will look like if we rule in your favor in this case. as justice sotomayor pointed out, you are asking for a narrow ruling and the rationale behind it could generate follow-on litigation. so what, in your view, is the endgame of this litigation? not this particular litigation, but future litigation. is it collective bargaining? legislation? this picks up on justice breyer's questions as well. mr. kessler: it's difficult for me to predict legislation or collective bargaining. but i would talk about antitrust endgame. in the antitrust endgame, it is simply to apply the rule of reason. which the ncaa has been subject to for at least 37 years, which all the sports leagues are subject to. justice kavanaugh: but your position, in the district court, was that all the compensation limits are contrary

it was actually a relatively easy vote for brett kavanaugh and amy coney barrett.p is stung by this ruling, it wasn't as momentous as back in 2012 when john roberts on his own cast that deciding vote. this tells us something about those two appointees, but there is more to learn. >> as a political matter, this has been the story of what happens when a law is on the books, becomes part of people's lives, then becomes far less politically potent for the republicans. the republicans have tried to repeal this in congress and haven't been able to. is it time to give up? >> it is a remarkable evolution. paul and i remember covering this from both ends of pennsylvania avenue in the early days and both the politics and legal threat obama care was under for a number of years really made it uncertain whether this was going to be a measure that sustained its presence in people's lives. now that it has, it has become popular. there are americans who oppose democratic politics who do not want to see this law rolled back. republicans have a choice right now. do they want to keep

i'm glad judge kavanaugh wrote -- justice kavanaugh wrote what he did and i hope the court goes in thate case when you read the decision, especially judge kavanaugh's majority decision. the core of the case is in equity. i mean, they recruit all of these young people, young athletes. baseball, basketball and football are the big college draws in college sports in terms of money, things like that. but you stack up the money that school after school after school makes with all of these athletes, especially if you get to go to a bowl game, they make millions. as willie just pointed out, they pay head coaches millions and millions of dollars, far more than any critical faculty member makes, and the women and men who recruit these sports get nothing. not only that, they put themselves at risk if they talk to the wrong recruiter at the wrong time, if they take a bologna sandwich at lunch for free from him, if they take a car ride. it's ridiculous. the ncaa has been behind the times for at least 40 to 50 years, and it's about time they're going to be caught up into an equitable relationship wi

but as the conservative justice brett kavanaugh said, he said the fight is not over. he said the ncaa is not above the law. and really what he stressed in his concurrence is that there should be a way for these athletes to get compensated above and beyond. he talked about the fact that congress may have to get involved, maybe students will have to engage in collective garging here. and the common refrain is that there is this huge disparity between the ncaa, the officials, the coaches, the schools making millions and millions and millions of dollars. and justice kavanaugh said the students end up with little or nothing. >> has the ncaa responded yet? >> they did. this afternoon they responded after the decision came down. here's what they said. they said, while today's decision preserves the lower court ruling, it also reaffirms the ncaa's authority to adopt reasonable rules and repeatedly notes that the ncaa remains free to articulate what are and are not truly educational benefits consistent with the ncaa's mission to support student athletes. so the ncaa, they are

brett kavanaugh all but said, you can't do this anymore.system where neck saban the coach of the university of alabama football team gets $9 million a year from the university and the football players who put their health on the line are not even allowed to get minimum wage of $7.25 an hour. i think this is just -- justice kavanaugh was all but inviting more lawsuits saying this system has to be torn up from the ground. i don't think it is going to be 20 or 30 years. >> so how do you see that working? this was unanimous by the way all nine justices agreeing. as christine was saying just images and, you know, likenesses and t-shirts? how would it work? there's a lot of different -- there are crew teams. >> field hockey teams, all kinds of teams that don't necessarily make the income a baseball or basketball team makes. >> that is one of the ncaa's big arguments is that the revenue from football and basketball subsidized wrestling and cross country and crew and all of the sports that don't bring in any revenue. there are lots of proposals in

that i think breyer at oral argument, kavanaugh at oral argument said, look, this is how high schoolicate, largely through social media, and we're not going to discipline them unless there is some victim involved like bullying. i think, frankly, this is a great opinion. it shows that an 82-year-old justice like stephen breyer can understand how the modern world work. good for this student who took her case all the way to the supreme court. she's not identified, only b.l. in the case. >> jeffrey, i know you pushed back on me when i brought this back the other day. i do want to ask you a question. this is an 8-1 decision, a couple days ago 9-0 decision. 7-2 on the aca but bigger than the prior margins. all the talk was about a straight 6-3 split, six solid conservatives, always going to go that way, three liberals always going to go this way. you've seen, have you not, or am i wrong, some unexpected overlap or coming meeting of the minds on some of these decisions? >> i will grant you some un unexpected overlap. that's as far as i'll go. the ncaa case was unanimous. this case was close

also the major conferences, and john, i think the grav min of the majority opinion, the justice kavanaugh went out of his way to underscore, the ncaa is going to lose most of the cases but the premise under burden the model the ncaa suppresses the earning potential of their athletes, that's what the court threw out the door even if the immediate impact is limited. >> the question has always been the schools are making so much money, the conferences, the organizations are making so much money and the players get little or nothing. if you look just at the statistics from the ncaa, college baseball players, about 10% go on to the pros. basketball players, 1%. women's basketball less than 1%. football, 1.6%. there are a bunch of people -- we're focusing on the sports with a lot of tv attention. how does this change the lives of everyday maybe ncaa athletes who don't get a ton of attention? do they get more benefits or does it only go to the sports that make the money? >> this specific decision, john, it looks like it's still only going to cater to those high-priced athletes. the ones the univ

and what is especially interesting here is the concurrence written by conservative justice brett kavanaughut the fact that he believes the fight here is far from over. he says that there are serious questions about other restrictions the ncaa places on students making money and he slammed the organization's justification for those restrictions because the ncaa has argued that paying athletes would dilute their amateur status. they even say fans prefer student-athletes not get paid, but in the majority evidence they said there wasn't that much evidence for that assertion. so justice kavanaugh writing nowhere else can a business agree not to pay a fair market rate on the theory that the product is defined by not paying their workers a fair market rate. and it is not evident why college sports should be any different. the ncaa is not above the law. justice kavanaugh pushing back on this idea that tradition and history should hamper the right of student-athletes to at least get some compensation especially when the ncaa and the colleges and coaches are making millions and millions of dollars e

but the standing issue decided the case and barrett and kavanaugh took a very reasoned, conservativeere you go. chris: [laughter] chris: that's right. listen, you wanted to -- >> don't like it? too bad. it ain't going to change. chris: can finally, foreign policy. a hardliner, ebrahim raisi, has been elected the new president of iran, the biden administration reportedly wants to conclude a nuclear deal before raisi takes office in six weeks. how do you think his election affects those talks? >> well, number one, a moderate member -- there are no moderates on the ballot in iran. the ayatollah's a religious nazi, he controls the place. religious zealots run the place. why in the world do you want to give massive enrichment capability to the largest state sponsor of terrorism in the world, i don't know. there's a better way. iran can have nuclear power. we'll have a an international fuel bank. they don't need to make their own fuel. i think the arabs would agree to that construct. the idea of going into negotiations with the ayatollah and his hen. his henchman is insane.if you gl you'll

that was the strong implicates of what just kavanaugh was saying.vanaugh is a good signal of where the center of this court is now. and it is just the idea that all of these billions of dollars are sloshing around in college sports and the athletes can't make -- can't receive any of it, it is just very hard to justify. and the ncaa's justification, you know, as cavanaugh pointed out, people want to watch amateur athletes, people like the fact in a the athletes aren't being paid. who says? that argument is what lawyers like to call a make way argument. the idea that the appeal of college sports is that the athletes are one busted knee away from losing their scholarships, losing their livelihoods, that is not something i think a lot of sports fans are attracted to. and that's where the states are starting to move. you know, this all started with a really heroic former ucla basketball player named ed o'bannon who saw himself on a video game and said why is someone putting me in a video game and i am not being paid? that was the first lawsuit that reall

justice kavanaugh writing those traditions can loan cannot sufficient the ncaa decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated. nowhere else in america can businesses get away with agreeing not to pay their workers a fair market rate. under ordinary principles of anti-just law, it is not evidence why college sports should be any different. the ncaa is not above the law. so some foreboding language there. justice kavanaugh pushed back on the idea of tradition and history hampering the right of student athletes to at least get some compensation. especially when the ncaa and the colleges and the coaches are making millions of dollars every year. the ncaa president earns nearly 4 million annually. the march madness tv deal is worth $1.1 billion a year. all of this will count as compensation for athletes that's limited. it is all in the name of amateurism. that could be changing with this latest decision from the court. >> very interesting. jessica, thank you. >>> fuelled by the big lie. a challenge to president biden's win in

this was a little bit of an easier one for brett kavanaugh and amy coney barrett. you challengers from texas and other states, you have no injury here. you can't come up and complain about the individual insurance mandate when there's no penalty for it. there's nothing that your states have suffered in terms of a loss because of the law now. so that was an easy one to get rid of but, michael, the one that was really complicated and different was this religious freedom one because justices barrett and kavanaugh have both wanted more accommodation for religious believers. >> does the affordable care act, obamacare and as a trilogylion low -- end the trilogy that there could be a part four? >> oh, yeah. there will always be challenges. there are still challenges percolating up towards the justices, but as far as the supreme court's concerned, they don't want them. they don't want to see any kind of broad scale challenge anymore, that's for sure. so we can say michael, tonight for our viewers that the act as a whole is here to stay. it's not going to be thrown out in t

it's not a huge surprise to see kavanaugh on the majority of this case. but it is a surprise to see justice thomas and barrett here. >> i'm going to give you a second to read the opinion and bring out the nuggets that stand out to you. you're welcome. let's go to our colleagues at the white house. you know this inside-out. you know roberts, the chief justice, inside-out. he was a key vote the first time around on this. what's your takeaway? >> this is a victory for john roberts and the roberts court. it shows it not being i'd logilo i'd logically driven here. this time, he gave it to justice stoo stephen breyer. he's taken this big role here and getting all these other people onboard. really important to close the door on the three different challenges. 2012, 2015, and now. and the dissenters said, it's as if it's being rewritten by the court. it's not. saying this is an unrealistic challenge. shouldn't have been brought in the first place. good-bye maybe forever now. >> we have some of the opinion that i'd like to read. again, this was written by breyer,

and then three conservative justices roberts and kavanaugh and coney barrett and the three liberals.ppear more towards the, let's call, mainstream conservative than the extreme conservative on the court. way too early to start making statements like this, but we're starting to see the early signs of what her judicial career is going to be. and for guys like me, this is high season. we're watching the court make all of these decisions right now. we're really watching how the court is going to formulate. >> i appreciate the way too early pun, intended or not. >> that was for you. that was for you. >> i really appreciate it. frederick lawrence, thank you so much. enjoy your weekend, sir. frederick's book is "punishing hate: bias crimes under american law." earlier on in the show, we asked all of you, why are you awake? beverly writes, it's my official last day of school. bringing a close to more than a year of a new way to teach. one viewer tweet, they're up a early because of democracy. i'm an nyc early voting poll worker and polls open early. >> and quentin tweeted, it's the maryland

and justice kavanaugh said the students e

justice kavanaugh, for example, is very obvious. donald trump was the guy who stuck behind him, who was his backing, so look at his track record, his voting record, for example. don't we feel sure, it's not donald trump in particular, isn't he showing loyalty to the republican party? >> that's john in frederick, maryland this morning. this from a gallup poll on this same issue, the same question, do you think the supreme court is too liberal, too conservative, or about right. you can see how the numbers change over the years. the dark line here is those americans who said that the court is too conservative. you can see, i pointed to 2005, that's when chief justice roberts took over the court and turned it into the roberts court. you can see the changes along the way in recent years. that number ticking up, to say that the court is too conservative, in the years after donald trump took office and made three appointments. this poll ending in 2019, you can see is the end of this line here. the gray line, the top line here, the number o

and i think that that was something that justice kavanaugh took aim at in his concurring opinion yesterdaye are a lot of issues with the way that the ncaa model is set up and that really does suggest really fundamental changes down the line if there are more antitrust violationes. >> this is pra brett kavanaugh wrote, nowhere else in america can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers at a fair market rate and under ordinary principles of antitrust law it is not evident why college sports should be any different. the ncaa is not above the law. so this specific ruling doesn't mean they can all of a sudden get salaries, it means they can get certain compensation for education, computers, mare scholarships to graduate schools, things like that. how much of a difference do you think that will make in a student athlete's life? >> it should make a lot of difference. this is a group of athletes that have so much time restriction so the idea of getting paid internships and pod-grad opportu

2 to uphold obamacare and two of the justices named by donald trump, amy coney barrett and brett kavanaughalong to uphold obamacare. now, were you disappointed in that? >> senator graham: well, i was a bit surprised but i accept the outcome. so much for amy coney barrett being a religious zealot at all the demagoguery attached to her nomination, so i think what the justices did, say that one to zero out the individual mandate for zero tax, the states complaining about it really could show injury. from a conservative point of view, that decision made sense to me. i'd love to get rid of obamaca obamacare, but the standing issue decided the case and barrett and kavanaugh took a very recent, conservative approach, so there you go. >> chris: [laughs] that's right. listen, [indiscernible]. >> senator graham: it ain't going to change. >> chris: finally, foreign policy. hard-liner, abraham or is beenelected the president of. the bite and a administration report of the wants to conclude a nuclear deal before he takes office in six weeks. how do you think his election affects those talks? >> senator

high court that was then look what happened three days ago justice barrett another trump appointee kavanaughided with them dismissed challenge to health care law, so, what does this mean, for obamacare can tea levers tell us where court is going on other issues, we are joined from are -- partner in nashville, good afternoon, litigation attorney. >> good to see you pretty lineup shook out, what happened? >> well it was surprising i think the reason it was surprising, is because the decision was actually not on merits of the dhal but thing call standing standing a principal could be able to get in court have a lawsuit at all you have to be injured procedural questions often break down differently, in constitutional questions that is what you saw in decision last week. eric: then is it your sense though this was not a decision on obamacare completely on law on constitutionality, yes, they address decision did not get to merits when challenge the challenge now that we removed the penalty for individual mandate can it be considered a tax what chief justice he robert ruled in decision on this case

argument, it looked like, even the con serservative justices, like chief justice roberts and brett kavanaugh were skeptical. the message that chief justice roberts is trying to send now, for almost a decade, if you, my conservatives, want to overturn the affordable care act, do it through the political process. don't trust the courts to do it. we saw, when the president was donald trump, and the senate and the house were in republican hands, they couldn't do it. they couldn't come up with a replacement. this is a supreme court that changes nothing. this isn't the same-sex marriage case, where states tomorrow have to allow same-sex marriages. all the case does is preserve the status quo. but it's a status quo, where people with pre-existing conditions are protected. people can keep the kids on health insurance for age 25. there's no lifetime limits on coverage. these are parts of american life, that i think even though this supreme court didn't address the merits for a third time, i think they are sending a very strong message that they are done with challenges to the affordable care act for

. >> kavanaugh opinion was scathing but nowhere else in america can businesses get away with agreeingworkers a fair market rate on their theory their product is defined by not paying their workers a fair market rate. is not about the law he wrote. so even though it is a narrow opinion it is a huge win for college athletes is not landmark bipartisan victory. nine nothing but is a very narrow decision. it is not that athletes cannot get unlimited competence asian. they can get compensated as long as the compensation is solely related to their education. for example let's captive their tuition. after this decision it can be given things like computers, electronics, paid postgraduate internships, tutoring, study abroad programs. there has to be a nexus to be in the conversation the getting and the education of getting the respect that's great for sports or don't do so i have professional leagues attached to them or it is much more attractive to do postgraduate work you're down there for use of college. that could be very good news. in terms of kavanaugh's language is to like it does open

she has been outspoken on social issues including opposing justice kavanaugh's confirmation, the criticscrisy, including calling the police in 2020 at her home despite defunding the police. she was criticized in 2019 for tweeting "i am trans, i'm a person of color, i am an immigrant, i'm disabled." of course she's a straight, white woman. she was also called out last month for posting a video where she spoke out on police brutality against black men. watch. >> for those of us who are not black men, imagine watching the news and seeing how people who look like you are per trade. >> emily: a tick-tock star slamming that she's a part of the problem. >> imagine being a black man and told by some white lady that you are one of the same because you're black. i understand your heart is in the right place, but you are everything you are preach against. you're causing more division and fear. speed to 100%. here comes the savior rest and taking up space. >> tomi: listen, this is what happens every time you have a washed up celebrity that's looking to get some headlines, she got it. we talk about h

kavanaugh was certainly big but this was massive. and i think we have an opportunity to build on it, to build on the sentiment that was expressed in the fall against buried. and i think that progressives have to be haunting the white house and senators and letting them know that these are important issues, quote reform. and in terms of what we know about in the filibuster, that's where we are now. but with a mass movement i truly believe that we can actually get it done and i've worked on many issues and i will tell you that if there is a push from the field for from the constituents it, doesn't happen. i don't know if that fully answers your question. i can talk about several into ministration's, but i hope that answers your question. >> so let's [inaudible] let's talk about the timeframe here. we are going to have a democrat -controlled government for two years at a minimum. and i feel like you have to operate within that time set if you are trying to push something through, because the ten senate could flip, or the house could fli

it was the largest margin of defeat for republicans so far with trump nominees, brett kavanaugh and amytt agreeing with the majority to preserve the law in a 7 to 2 decision. now this decision does not permanently guarantee the affordable care act or protected going forward. republicans, they're not sure how to get it again. but the decision is a victory, nonetheless. i'll franken was one of the key votes in the passing of the aca he is now the host of the al franken podcast and he joins me now. thank you so much for being with me, your senate win made obamacare possible. >> yeah. >> i apologize were on a slight delay. let me ask the question and i will let you give your complete answer. what are the lessons learned, in your view, in terms of how to pass progressive legislation that will be upheld in courts? >> that is a tall order to figure out because they stack the court, they packed the court with federal society judges during trump. with really partisan, on qualified judges. the federal courts now is very partisan. part of what we have to do, we have to confirm our own judges. unfo

brett kavanaugh certainly was more focused on ministrant of law than -- on administrative law than any other area of law. so the priorities of the conservative movement have changed. as far as the second part of your question, will, i guess harmonizing is maybe what you're asking, what i'm calling congregated originals and with traditionalist originals him. so, look, i will try to make this quick. there are three strands of broadly speaking originalist thoughts in the modern conservative legal movement. there is quote unquote conservative original is him -- originalism. kind of a positivist approach. that there is one right answer. you have to get it. that has been conservative originalism. there is more libertarian originalism. randy calls it the quote resumption of liberty. randy gets also as of libertarian conclusions aced on his assumptions that i find preposterous to be honest with you. then there is quote unquote progressive originalism affiliated with a professor that argues that the constitution itself is purposefully written in a way intended to affect the delegates to future

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and then justice brett kavanaugh has a concurrent opinion where he expresses this really quite explicitly. he basically says, give us another case, because we think that all of their compensation is an anti-trust violation, but we didn't have it in front of us in this particular case. >> and let me actually read from that concurring opinion from justice kavanaugh, because it is quite clear, and he says this, the bottom line is that the ncaa and the member colleges are suppressing the pay of the student athletes who collectively generate billions of dollars of revenues for colleges every year, and the enormous sums of money is flowing to everybody but the college athletes. commissioners, coaches, college executives and they are taking, six and seven-figure salaries, but those who generate those salaries, many of whom are african-americans, and end up with little to nothing. so this is going to end up the case for compensation across the board some >> that is right. we have two forms of compensation now, and the name, image and likeness copensation is going to start july 1st, and many of th

learning about the trump court, the first big term since amy coney barrett is on the bench, brett kavanaugh is a relatively new member. they were among those who, you know, said, leave this in place. again, if it were the first case, maybe they would have voted differently. here it comes back again and they viewed the argument as you don't have standing. a republican attorney general is not affected by the individual mandate, per se, so they said go away. >> it's also, does the supreme court want to be in a position of taking away health care from 21 million people in a pandemic? we're coming out of a pandemic but, you know, more people are on this than ever and we see the favorability ratings higher than ever as well, they are essentially saying if the legislature wants to do this, if the senate and the house and the republican president want to do this, sure, have at it and again we've seen what happened when they tried to do that. >> the role of barrett i think is significant here, you remember the fight, getting her on the court, one of the big warnings you heard from democrats is what

i'm no fan of brett kavanaugh in all honesty. been so flatly wrong, he felt strong enough to write an opinion and basically say anywhere in the world what the ncaa has been doing, their business model, would be flatly illegal. we have all known this. you can't get away with not paying your employees, college athletes, especially at the highest level, it is work. and i don't know if you know this, steph, but for me, an athlete, former athlete, 35 years ago, coming out of university of kentucky, when you sign a national letter of intent to go to college, in that moment you sign away your image and likeness rights in perpetuity forever. so university of kentucky, for instance, has my rights. i don't make any money from that, not when i was in school, not after school, and that's wrong, on top of just not paying for your labor. a monumental day yesterday. the ncaa is having to face some reckoning now. >> well, this hits the ncaa exactly where it hurts. do you think it is going to destroy their business model forever? >> i think it is

brett kavanaugh slammed the organization for acting above the law.s fair market rates on the theory that the product is defined by not paying their workers a fair market rate. president of the article 3 project joins me now. mike, good to have you with us. what is your take on this ruling today? >> it's an important ruling. it was authored by my former boss, justice gorsuch. it holds that college sports is a multibillion dollar industry. that industry is controlled by the ncaa. they collude to fix the prices of the labor of the college students so these african american poor college athletes are not getting fairly compensated for their services, yet the league executives, the college presidents, the student athletic directors and coaches make millions. what the supreme court held was that college athletics is superintendent to the antitrust laws just like almost every other industry. they don't get antitrust amnesty and they have to follow the law. >> martha: anyone that is close to college sports can feel the situation that these athletes are in. so

that we're seeing, as pete says, the chief justice holding some of the conservative members like kavanaugh and barrett together, even though others are more constructive on these questions. they're a minority of three. they're not going to be able to do anything unless the chief justice can join him and he can bring another justice or two along. the chief justice had his power shifted, but he's still managing to wield some power here. >> pete, you also want to ask, what's the next big case we should be looking out for? >> i think the one everybody will be watching for is the student speech case, can schools punish kids for things they say off campus. the benefits for student athletes. one of the rules in when the election rules go too far in restricting voting, and finally charities, can recipients of charities be forced to publicly disclose their contributions. we'll be getting those in the next two weeks. we have decisions on three days next week, starting on monday. >> thank you both. >>> coming up next, you'll want to see this. the justice department just released horrifying new video

you had leonard leah, the mastermind of the court cap operation that pushed gorsuch, kavanaugh and barrettthe big expose scheme he jumped out and jumped to the elections project which is dark money funded voter suppression. which, by the way, if you do the corporate links, it's related to the judicial education project, which is related to the judicial crisis network, which paid for the ads for gorsuch, for kavanaugh and for barrett. so it's the same central command scheme operating against climate legislation, operating for dark money, and operating to pull off this voter suppression stunt. frankly, democrats have had crap for countermeasures against it for a very long time. and it's really hard to fight a group like that if you don't take them seriously and take it on. >> well, that was going to be my question is what can we do about it. right, they also have these organizations like alec, the american legislative exchange council that are also heavily involved in pushing cookie cutter legislation. there is that heritage action organization that they have a plan with alec to write voter

and justice kavanaugh and just laid it all out here is how to bring the next lawsuit, kids.. so, i mean, is this do you think a step toward toward college athletes actually being paid for playing the sports that they play? does this kind of open the door for a number of other legal challenges from college athletes that could deal sort of a bigger blow to the ncaa business model? certainly that's possible. now i think what we're going to end up with is sort of a feast or famine situation. now it's where what this to be great for a limited number of stars. people who play for the top ranked division one football teams, basketball teams, that sort of thing that they will enjoy significant compensation. i don't know that every single athlete on every single team going all the way down to, you know, division three smaller colleges, uh, will enjoy the same sort of benefits. so i do worry that it might turn into a feaster famine but for your top flight athletes, uh, you know the marquis quarterbacks, the marquis centers on the best. football teams. uh yeah, it's very, very likely t

however justice brett kavanaugh argues the ncaa is not above the law writing.usiness model of using unpaid student athletes to generate billions of dollars in revenue for the colleges raises serious questions under the antitrust laws. this is absolutely a free market dynamics. the decision comes as debate heats up in congress over whether athletes should profit from use of their name. image and likeness. these athletes have limited resource and their ability to advocate for themselves. meanwhile the ncaa says the high court's ruling reaffirms its authority to adopt reasonable rules and says even though the decision does not directly address name image on likeness, the ncaa remains committed to supporting n i. l benefits for student athletes. even though there is still no ncaa legislation in place state specific laws will take effect next month, allowing student athletes to start accepting endorsement deals at the supreme court. mala rivera fox news. and help break this all down for us. we're joined right now by constitutional law professor david levine from u.

. >> reporter: justice brett kavanaugh said the business model would be flatly illegal in almost any other industry in america. he said restaurants can't band together to cut wages for ees on the theory customers prefer >> this could be the beginning of the end for the college amateur model, open the door for college athletes to receive payment to play or attend a school or transfer schools >> reporter: the ncaa must soon decide what to do about a growing number of state laws that explicitly allo athletes to be paid for the use of their names or likenesses. the ruling is a blow to a system that generates billions for everyone but the athletes the ncaa says it hopes congress will now act to limit how they can be paid. lester >> pete williams, thank you. >>> for the first time ever, an active player in the nfl announced he is gay. las vegas raiders defensive end carl nassib made the announcement on instagram, saying he has the best life, family, friends and job a guy can ask for. >>> americans are traveling again, and planning to vacation with a vengeance tonight, how this has caught a

gorsuch, kavanaugh, coney barrett. everything he told us he would do, he did it. get out of the iran deal. said he would bring hostages home from north korea, he did. on and on it goes. what a contrast. that's why you're all here. because you want him to run again in 2024. so do i. no one has proven that he can stand up to the swamp and do what he said like president trump did. unbelievable. that's why we all want him to run in 2024 and be president again on january 20, 2025. so thank you. thank you for fighting the good fight. thank you for being involved. it is so important today that people who love this country, the constitution, the values, the principles, the institutions that make us the greatest nation ever, it is so important you stay involved. i mean, the left has lost their minds. they are crazy. the policies they are pushing. there was one week a couple of mopts ago. in one week's time, the week started off with congresswoman tlaib saying we should get rid of police. not just defund. get rid of police. crazy. and admonishing maxine waters for the ridic