theodore: well, the legislature wasn't a defendant. i mean, we -- we sued the only defendants that we could sue under ex parte young, which would not, of course, include the legislator -- legislatures. so -- so i don't think -- as i say, i don't think the federal court is picking. and, again, the state of north carolina can kick the attorney general out at any time, anytime it wants, if it really thinks he's not adequate to defend the state's interests in -- in the voter id law. and it hasn't done that here. and, as i say, i think there's a really strong federal interest in just telling the state you choose who represents you, but we want to know what your position is in federal court. justice barrett: but isn't their position that even if it wasn't the attorney general defending the board of elections, that it would still -- they would still be entitled to intervention? let's say that they hired private counsel. i understand their position to be the same, i think, that it doesn't depend on the fact that the attorney general is represe

legislature, -- different legislature ms. boyce: briefs you can frame as the same interest in multiple ways -- various ways. ms. boyce: are there claims. justice kagan: what is the result of those tests. any we can put on that we shouldn't have get on. in certain cases there may be different. justice sotomayor: i think of it as primitive. ms. boyce: we would urge the court as it is inclined to let petitioners intervene, let them intervene through that route. the state's position is that in the question is on a case-by-case basis, whether or not the attorney general who was already in the case is adequately justice can ronnie -- justice sotomayor: sba 24 was constitutional. what is the thought of equity you saw or did you think oh it has been placed on hold waiting for this case. this boyce: presenting on the legislature's behalf. we have not seen this to the resolution and having the chance to defend law and have our ability to force nash -- justice sotomayor: could this be moved? ms. boyce: it could. we are currently appeali

but the state legislature, even in election cases has a pretty strong interest. >> well, the state legislature, petitioners here have had said in this representation that they don't represent the legislature, they only represent the state, which makes it really difficult to say they have a different perspective. and they don't care about election administration when they have said they want on behalf of the state as a whole. i take that point. i guess i think that there is the kind of formal-ness about it. they are have a different interest. they have this interest during defending the law ungoverned by any of the consideration. no, i take a point that that's in some pictures with their consistent representations that they want not to represent the legislature, but instead to represent the whole state, which you might think he's a kind of interest that even taking their own view, you know, levant by these executive interests as well. say they want to kind of have it both ways. but why shouldn't we think that the more important of the two statements that they are making to us is that they have

there was concern he would be you abused by the legislature, the southern legislature. there was concern it could be seen as dignifying or bestowing upon the legislature real authority. and so, he essentially takes the offer off the table. [inaudible] well seems to be instrumental in convincing him it was about media. but it was also, there was a lot of dissent on account of that. >> you dissect the second inaugural of course. you must say you're not the first, you're not going to be the last, but you did it very well. and it brought me in and i went through it. no, one thought maybe i'm a [inaudible] psycho analyst, so i was something clicked in me when you write, he would not let the letter north refugee with any sense of moral superiority of over slavery. yet, under the -- you know, he wasn't trying to facilitate slavery, but in near the end of the war, and mostly in 1864 and on, he -- under the pressure from northern textile manufacturers, he helped the purchase of cotton from the south, which one could say, well, money going to the south, we need to help them. i ca

state legislatures are independent. but it's made up. the doctrine supposedly is that when a state legislature, regardless of the state's constitution, regardless of anything that the state's highest court might say, when the state legislature has rules laid down, even if the rules say, for example, we will disregard the popular vote or whoever won it, we are simply going to come in and name our own slate, that that's the last word. it really would give the state legislature of each state the authority basically to erase democracy, wipe out a republican form of government and do its will. now, state legislatures are defined by the state constitution going all the way back to the beginning of the republic, whether you're an originalist or any other kind of ist. you have to recognize that this doctrine, so-called doctrine is just made from whole cloth. but without getting into the weeds, the point is that this made-up doctrine, a brain child of john eastman, which finds some language in a concurring opinion by then chief justice rehnquist

the rebel states by maybe reconvening them the legislature the state legislature in virginia. he mentioned that down there i think was to judge campbell. yeah, and he but was he legitimizing them? i mean were they ever not legitimate really? he thought he was president of the southern states. they never left the union to abraham lincoln. well rebellion, but wouldn't the original legislature. perhaps be the true legislature if they repent and return to us laws and recognize. us government, well, this was lincoln's theory of the case, right and but it is a significant i think misstep, but certainly he was ultimately convinced of that i think in part because appomattox took away that the need for this idea, but he's in conversation with judge campbell and gustavus myers in richmond, and and i do think the lincoln enrichment which is the centerpiece of the book but the opening scene and really the center of the book is one of the most cinematic moments in american life. that doesn't get hasn't gotten the attention it deserves but he comes with this idea and you can sort of see lin

wouldn't the original legislature, perhaps, be the true legislature if they repent and return to u.s. laws and recognize u.s. government? >> well, this was lincoln's theory of the case, right? i mean -- but it is a significant, i think, misstep. certainly he was ultimately convinced of that, in part, because appear law mattics took away the need for the idea, and he's in richmond, and i do think the lincoln in richmond which is the centerpiece of the book and the opening scene is one of the most cinematic moments in life that has not gotten the attention it deserves, but he comes with the idea and you can sort of see lincoln's mind liking symmetry, and he said i will vote to denounce sus sus session and rejoin the union, and he proposed similar things, and have the georgia -- have the governor declare -- bring the georgia legislature back and pull the troops from the field and renounce the succession and i will give you a couple years to join the amendment and he's riffing. he's not -- not everything is reordained. he's reading the room and making offers and clear about his bottom lin

several weeks ago, the florida legislature passed a law banning teachers from bragging about their ownall children. news reporters went crazy, they describe the legislation as the "don't say gay" bill but as always that was a lie, the bill did not mention the word gay, nothing to do with "tucker carlson todays." florida voters seem to know that intuitively, even most democrats in florida supported this law. the polling firm public opinion strategies found out why they do, "fully two-thirds of voters believe it is inappropriate for teachers or school personnel to discuss gender identity with children in kindergarten through third grade." well, of course it is. everyone thinks that. if there is ever a law that accurately reflected public opinion, which should matter in a democracy, this was the law. but across the country on the state of california, bob iger was watching at bob iger did not like it. bob iger is the 71-year-old former -- law was immoral. in an interview later with cnn, chris wallace, iger explained preventing teenagers from promoting gender reassignment surgery to childre

but the legislature has been very reluctant to do it. of the largest contributors to legislative campaign coffers. they hold the annual republican and democrat conventions on disney property. they have special campaign fundraising. disney and the legislature are very closely entwined. and it's been that way for decades. so this idea that all of a sudden they are doing some oversight they have neglected is really hard to fathom. so even the house sponsor of the bill acknowledged that if disney hadn't been so outspoken with its position on the legislation -- what's known as the parental rights in education bill, also known as the don't say gay bill. they acknowledge that if disney hadn't provoked them this may not have happened. >> provoked them by taking a stance against the zblil yes. >> hair mary ellen klas. thank you so much. >> thank you. >>> house republican leader kevin mccarthy denied he was going to ask then president trump to resign. but now there is a recording that has surfaced. the latest on the fallout from the january 6 insu

legislature was deadlocked. if the house and senate couldn't agree on a position that governor got to put in a judge or a justice until the legislature came back next year they'd have to vote on whether to ratify what the governor had done. three times when i was governor my two republican houses deadlocked on an appellate judge one on the court of appeals and two on the virginia supreme court. i had this opportunity is somebody who practice civil-rights law for many years and someone who is married to a juvenile court judge to have the opportunity to consider a nominate people to be appellate judges. i decided pretty quickly as they analyzed the appellate judges and followed all three of my opportunities i would appoint a great trial judge. in each of the three instances i appointed a great trial judge because i knew that trial judge would would be oldest it on the appellate court and render rulings that weren't king or queen rulings that might sound good in a law review article or in a panel discussion. ruling

would choose the judges and the governor had no role except, except when the legislature was deadlocked of the house and senate couldn't agree on filling a position, the governor got to put in a judge or justice and tell the legislature, they would have to vote on whether to ratify what the governor had done. three times when i was governor my two republican houses deadlocked on an appellate judge, one on the court of appeals and 2 on the virginia supreme court and so i had this opportunity as someone who practiced civil rights law for 17 years and someone who was married to a juvenile court judge i had the opportunity to consider and nominate people to be appellate judges. i decided pretty quickly, who should be appellate judges and followed this in all 3 of my opportunities i would appoint a great trial judge. in each of these instances, that he would sit on an appellate court. they might sound good in a law worldview and panel discussion, they would be instantaneously understood in court rooms across the commonwealth to be implemented by the other trial judges who are doing their bes

perhaps be the true legislature if they repent and return to us laws and recognize. us government, well, of the cas, right and but it is a significant i think misstep, but certainly he was ultimately convinced of that i think in part because appomattox took away that the need for this idea, but he's in conversation with judge campbell and gustavus myers in richmond, and and i do think the lincoln enrichment which is the centerpiece of the book but the opening scene and really the center of the book is one of the most cinematic moments in american life. that doesn't get hasn't gotten the attention it deserves but he comes with this idea and you can sort of see lincoln's mind liking symmetries that you know, all of the rebel legislature that voted to secede vote to renounce succession and rejoin the union that will be a nice little clean package. it'll say the states are doing this on their own and and indeed he's proposed similar things and hampton roads conference with alexander stevens the vice president of the confederacy, you know have the georgia have the are dec

once it passes cthe legislature it will be going straight to the voters of louisiana . i'm proud of grour record as we continue to strengthen our election integrity laws. i'm proud that we've done so s by working with republicans and democrats. i'm proud we stood our ground against outside liberal groups like the brennan racenter who want to tell louisiana how to run our elections. again thank you for this opportunity to brag about louisiana and the strides we've made and how we can be an example to the rest of the nation and strengthen our elections and as others have said, it's not wrong to strengthen our laws and election integrity efforts. we need to make it harder to cheat and easier to voteand in louisiana it's never been easier to register and vote . it's very simple when you have over 90 percent of your eligible registrants or citizens registered. that's an important part but the other part is making it easier to access the ballot box. we had early voting in louisiana, we had seven days and we expanded its during covid to offer more opportunities and we will con

the "washington post" reports although the state legislature switch back to paper it will not be made the 2022 election and maybe not 2024. what stops it from the transition? >> this is louisiana? >> and now we're in the process to move back to a paper-based. the senator spoke about a paper trail. we have been trying to implement a paper trail system since 2018. and then the competition and the legislature to be able to provide us the w opportunity to expand our efforts with the voting system that is wrapping up the work at the of the middle of february and from that we begin the process once again of developing a request for proposals. the problem is that when you have 2.1 million people voting in person, you have to make sure you have the process and procedures in place. plus two employment training not only commissioners but local registrars to oversee local voting system for clerks for election day voting. and we want to make sure we educate the public so they understand how the system will work once it's ready for implementation. we saw the problems in georgia that was ordered by

except when the legislature would deadlock. then the governor got to put in a judge or justice and tell the -- until the legislature came back next year, and they have to vote on whether to ratify what the governor had done. three times when i was governor, my two republican how longs deadlocked on an appellate judge. one on the court of appeals, two on the virginia supreme court. so i had this opportunity as somebody who practiced civil rights law for 17 years, as somebody who is married to a juvenile court judge, i had the opportunity to consider and then nominate people to be appellate judges. and i decided pretty quickly, as i analyzed who should be appellate judges, and i followed this rule in all three of my opportunities. i would appoint a great trial judge. in each of the three instances i appointed a great trial judge because i knew that that great trial judge would be able to sit on an appellate court and render rulings that weren't sort of philosopher king or queen rulings that might sound good in a law review articl

in texas we have part time citizen legislature. we were in session 140 days every two years, but if it was two days every 140 years but we are there for 5 months every year and back in our old jobs and we see people at church and football games, we have to give account for what happened and what didn't happen and we hear testimony from folks, when we hear those problems about election integrity or educational transportation, we try to address those problems. that is what this was about. this was an ugly debate this year because about all that is going on but the good news is common sense reforms, many abilities are not partisan, many of them, paperback up, a paper trail. one of the fallouts was lurching everyone toward electronic voting and those direct voting systems where there is -- and you floated and not just rednecks like me but a lot of folks would have more confidence if there were a paper record. that was a long flight that finally got down in texas and i know you heard from folks who say i sent my application by mail, i r

we have a super majority of democrats in the state legislature. they promised when they got elected that they would pass medicare for all. if you look at why the super majority has not voted. i believe it is because of the way that got elected. they promised medicare for all but their campaigns were funded by people who actually opposed medicare for all. we have a system that is rigged . we are running a campaign that is trying to change the system. you see it here, he is promising he is going to pass medicare for all and yet his campaign is funded by the very people that opsed medicare for all. i think the reason why the system has not addressed the issues for the state is the reason they are funding it. >> okay, i will give you chance to respond. >> we have huge challenges in our city and state, housing is far too unaffordable. there are thousands of people who live on our streets and the state doesn't have a plan or ccountability on homelessness. we need to be opening mental hospitals. our communities and neighborhoods are struggling. it is in

he and the legislature will need to balance it in a way that avoids a big budget problem.ependent legislative analyst's office hopes the legislature in financial decisions. the office is mourning budget deficits in the billions could be on the way if newsom spending plan is approved as currently proposed. that coupled with a budget surplus that will trigger the state appropriations limit, also known as the gan limit. the legislature may want to consider essentially rejecting around 10 billion dollars of the governor's proposed spending in the governor's budget. it seems confusing. how can the state have budget problems when it's over collecting money? the says each time the state over collects in triggers the limit. >> each extra dollar coming in over the limit becomes associated with a $1.60 in required spending, very counter intuitive. but we're actually in a situation where >> each additional dollar of revenue above the limit actually worsened our budget outlook. >> the says over time the state will not be able to handle this even if the economy continues to grow or if

this happened to us last year in the florida legislature.me out with a bill to protect women's spores. the ncaa came out and said if the florida legislature passes that bill we are going to boycott the state. not only did we pass that bill with the leadership of this legislature and this bold governor and ron desantis. buff we put another provision in law that said that if they boycott us, we boycott them. that the state universities will not be able to use taxpayer dollars to be members of the ncaa. and do you know what happened, brian? do you know how many events they canceled and boycott in the state of florida? zero. that's because we had a governor and legislature who stood up to them who said know that the priority here is to protect women's sports. in this case protect kids and protect the taxpayers as it relates to special districts. >> brian: spineless corporations kowtowed and others bend you didn't. hopefully this is a new trend regardless of the issues. speaker sprowls, thank you so much. >> thank you. >> brian: also here is clay

he and the legislature will need to balance it in a way that avoids a big budget problem.endent legislative analyst's office hopes the legislature in financial decisions. the office is mourning budget deficits in the billions could be on the way if newsom spending plan is approved as currently proposed. that coupled with a budget surplus that will trigger the state appropriations limit. also known as the gan limit. the legislature may want to consider essentially rejecting around 10 billion dollars of the governor's proposed spending in the governor's budget. it seems confusing. how can the state have budget problems when it's over collecting money? the says each time the state over collects in triggers the limit. each extra dollar coming in over the limit becomes associated with a $1.60 in required spending, very counter intuitive. but we're actually in a situation where >> each additional dollar of revenue above the limit actually worsened our budget outlook. >> the says over time the state will not be able to handle this even if the economy continues to grow or if it he

these are democrats in the florida legislature. notice they are on the verge of tears as they learn that the disney corporation might have to pay taxes. >> the will, the machine and members want to see the vote on the washing machine out the vote 68 years. >> thirty eight days. so the bill passes. you may have sent the democratic party over the last decade or so has been captured by corporate interests . but you never thought that you would hear on the floor of a state legislature. democrats scream with anguish at the idea that a big company might have to pay its taxes. unbelievable. but now very clear what's going on here. well, a lot of things. here's disney spends millions of dollars electing lawmakers in the state of florida, but those lawmakers couldn't do their job in this case. they couldn't act on disney's behalf. the law passed and desanto signed it into law this afternoon and that's going to cost the disney corporation a ton of money which in turn may mean less money for the florida democrats. you just are shrieking in th

he has the legislature under his control.e has a certain constituency, a trump based he is reaching out to, but i have to say, governors may come and governors may go. presidents may come and presidents may go, but in this economy, corporations tend to endure and in the end, pvail. >> thank youery much. >> thank you for having me. >> we are just 201 days away from the midterm election that will determine which party controls the u.s. congress for the next two years. the process of deciding who will be on the ballot kicks into high gear in just a matter of weeks with primary battles in several key states. for a look at what is ahead, we turn now to two party insiders. the campaign manager for bernie sanders' 2020 presidential campaign, and a republican strategist and cofounder of public opinion strategies, a pollster for many republican candidates. welcome to you both. thanks for being here. something that has been making headlines recently, where president biden's approval ratings are. i want to ask you what they mean for oth

judiciary is a symptom of a profound misunderstanding judicial optimism sees the core as a third legislatureith one policymaking body 435 members and one with 100 and that consist of nine lawyers me say that again. with 435 members. and that the american people. and we say over and over when lajudicial activism with fidelity the courts mutated and then to belong in this chamber and the state legislatures. and then it damages institution and not the least the court some cells. but then to protect the rule of law and all judges that under the constitution the road to a healthy court and a healthy country is not strikinghe some balance were some try to make policy. that is for all justices to stay in their lane. and those that seek to follow the law and there is one right number of justices and scholars with personal views across the political spectrum to understand that all judges should because traditionalist in their day jobs and that must be the standard i see judicial activism and therefore i will votell no but nevertheless many colleagues are in track to confirm the next supreme court jus

all those possibilities are in play, raj, in the legislature. and we don't know how it's going to shake out. >> it's like santa claus. that's a lot of money. when's next election for the governor? i think it's coming up. >> and you wonder how much might be political. after all, who wonder mind getting a rebate of $400. it's not political in that context. what's political is how the money's going to be spent. who's going to benefit more, who's going to benefit less. it may be one of those times when you may want to contact your state legislature. right now it's a little chaos, and they could use some direction. >> we could use some of that money. thanks for your time and input tonight. >> great conversation there. we all know making it in the bay is difficult during the current state of the housing market. and tonight we are learning confidence among homebuilders is on the decline. according to a survey by wells fargo and the national association of homebuilders, builder confidence in the market for new single-family homes has dropped, due in par

senate and swing state legislatures.quote we have multiple paths we can control them all. >>> former u.s. president obama called on big tech companies to stop the spread of disinformation on social media. speaking in the heart of silicon valley in california, he said the spread of misleading information and polarizing content was creating a crisis in democracy. cnn reports. >> report . >> people like putin and steve bannon. understand it's not necessary for people to believe this information. in order to weaken democratic institutions. you have to flood a country's public square. with enough raw sewage. you have to raise enough questions, spread enough dirt, plant enough conspiracy theories. that citizens no longer know what to believe. >> former president obama coming to stanford the heart of silicon valley thursday. a warning about the disinformation threat to american democracy. putting putin and steve ban upon in the same sentence and under estimated how powerful conspiracy theories had gun. >> no one was surprised r

and i think the legislature is going to look at that. it would have been unthinkable that they would be willing to re-evaluate those special privileges. i think they are going to do that now. >> here with me now is aubreay jewett, he's a professor at the university of central florida. professor, so nice to have you this morning. let's start with the idea floated by state gop lawmakers i mentioned. one about revoking the special privileges that disney has enjoyed for decades all because disney has now publicly and i would say belatedly opposed to this bill. how realistically is it to get it reversed? >> well, at this point, i'd say it's more like say shot across the bow. a warning to disney, quite frankly, in the long run, i'll be shocked if the legislature actually takes the powers away from disney and the governor signs it. there's such a huge positive economic impact for the state. so, i look at this as more of a warning right now. but i do think it's a warning that potentially could have teeth, because the governor and some of the rep

so but state legislatures up until 1953 likely would have been. in terms of fascinating question in terms of sort of pulling an addison and scrapping the constitution and starting over again. so so jefferson, i take a little bit of liberty with jefferson. it's fairly clear that jefferson thought that coming together just to amend the constitution was good enough, right, but that's not so much fun. right? so ultimately i i kind of take what jefferson said and imagine real constitutional conventions where they could in fact start over again. i do make the argument though that until 2022 there wouldn't have been hugely radical design changes because things were working relatively. okay in terms of bicameral legislatures and presidents and so on. yes, i make arguments that president, you know, you might have one term presidents that are six or eight years, but ultimately structurally separation of powers and federalism probably wouldn't have been wouldn't have been tinkered with in the in the radical sense, but you have in in 1903 i make an argument t

we got the support of the legislature to approve this program going forward. this is not one. we are doing minimum of 300,000 new accounts every single year after establishing the baseline of 3.5 million accounts. we mean business. this is a big idea and we think it will have a big impact in this state and nation. (applause). we are proud of it. i am excited and honored to be back here at home. mayor, it is so true. the future happens here first. you are in so many ways the city and county america's coming attraction not just state of california. i love that about this city. you are the future of this as they say. we are planning a much brighter future for tens of thousands in san francisco and millions in california and hope and expectation of a program that expands to hundreds of millions more. congratulations on k-c day in san francisco. >> by the time the last show came, i was like whoa, whoa, whoa. i came in kicking and screaming and left out dancing. [♪♪♪] >> hello, friends. i'm the deputy superintendent of instruction at san francisco unified school district, but you ca

in texas, the legislature there passed a six-week abortion ban, also commonly known as the heartbeates, oklahoma and florida, passing these restrictive bills. you can add them to the list that happened just this week. >> reporter: using their voices and risking their freedoms. >> no justice, no peace! >> reporter: kaitlyn and sarah parker lead women's voices of southwest florida, a nonprofit organized to defend reproductive freedoms. >> we have to speak up. >> reporter: the group helped raise awareness when the manatee county board of commissioners discussed the possibility of introducing an abortion ban. >> i had to sit down and i cried. we had put so many hours and so much time in it and we won something. >> reporter: but their message was not loud enough to drown out the will of florida's legislature and the governor. >> it makes me angry and it makes me sad and it makes me worried. it feels like we are going backwards. >> reporter: this week governor ron desantis signing a 15-week abortion ban into law. >> there we go. >> reporter: without exemptions for rape, incest or human tra

people directed them right onto the legislature floor. so there are these very dramatic pictures of armed black panthers walking into the floor of the california state legislature trying to be part this moment. so while they meant to stage a protest and sit in the gallery and watch what happened and deliver a statement about systemic racism that was called executive mandate number one, but the -- the result was many photographs flashed on the news all around the country of black men with guns storming the legislature. right? so, that was a little bit of a spin on what happened. but it ramps people up in both directions. it ramped up a lot of white people who said my god we can't have black people with guns marching into the legislature, even they came loolly and peacefully and weren't looking to hurt anybody. and others said oh, black men walking around with guns scaring white people, i want to be part of that. that's when they drew followers from all over country and all over the world over the next deck i had. >> an incredible scene. on

now some democratic controlled legislatures aim to protect the rights of roe v.hts of their own. maryland -- >> we are preparing for some of the most restrictive abortion actions we've seen in a generation. >> reporter: in michigan, governor whitmer filing a lawsuit to challenge the state's 100 year old abortion ban even though it's not enforceable due to roe versus wade. >> we have to use every tool we have to fight back. this is not just a theoretical risk. this is a real and present danger. >> reporter: with many states rewriting their abortion laws, all eyes point to the supreme court. the court heard arguments on the mississippi law in december. legal experts argue a decision could be handed down in june right before summer break with activists continuing their fight to the highest court in the land. >> maybe they'll come back and stand behind roe versus wade. i hope they do. >> reporter: florida's governor ron desantis signed another bill into law that provides aid and mentorship and programs for fathers in florida and comes with money for youth and family

for the legislature to say no, we're going to continue to keep california's gas prices higher than any state. >> and then we're going to go on vacation. i think that it shows just how out of touch people here are assemblyman. kevin kiley says he's not giving up his push to suspend the state's gas tax even as the governor and legislature take off for spring break course, gas tax holiday bill 2 weeks ago was verbally got it and changed in the assembly. transportation committee. >> democrats there made it into a proposed new tax on gas companies to pass extra profits on to consumers to start. but those changes were never put into writing. and this week assembly democrats voted to erase their attempt to change it from the legislative record. kylie's gas tax holiday bill is still alive as states like new york and connecticut move to suspend their gas tax is indeed we are going to be continuing to push for that to be enacted as quickly as possible. so california's get some relief. i mean, people are really struggling right now. meanwhile, democratic assembly member county petri norris offici