board of education reversed plessy v. ferguson. they embraced brown v. board of education as do i, if they hadn't applied the constitution, that court, we'd still center plessy v. ferguson. i've got a lot more. first i want to remind you, check us out on levin tv at crtv.com/mark, crtv.com/mark. three to four times a week, catch my show here and hope you join us and all the other wonderful hosts there. or call us at 844-levin tv. 844-levin tv. we'll be right back. you need insurance. but it's not really something you want to buy. it's not sexy. or delicious. or fun. but since you need both car and home insurance, why not bundle them with esurance and save up to 10%? which you can spend on things you really want to buy, like... well, i don't know what you'd wanna buy because i'm just a guy on your tv. esurance. it's surprisingly painless. . mark: now, the democrats and their surrogates in the media are fond of saying that a president shouldn't nominate anyone to the supreme court in the last year, right? of their presidency. unless of course they're barack

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i'm thinking of plessy v. ferguson for example, that was a scar on our body politic that said separate but equal educational institutions met the requirement of the 14th amendment. but can you talk about the extraordinary circumstances under which the supreme court would revisit a precedent. >> well, brown v. board of education, of course, overturned plessy, and plessy was wrong the day it was decided. it was inconsistent with text and meaning of the 14th amendment, which guaranteed equal protection, and the supreme court in the west virginia case in 1880 jury selection case had said, what is this amendment but that the law shall be the same for the black and the white and the supreme court, unfortunately, backtracked from that clear principle in the plessy decision in a horrific decision which allowed separate but equal and then brown v. board corrected that in 1954. of course, corrected it on paper. it's still decades and we're still seeking to achieve racial equality, the long march for racial equality is not over,

in terms of what he did as a litigator not single-handedly, but he helped bring the end of plessy v. fergusonnd achieved the greatest moment in supreme court history and brown v. board. i really think about thurgood marshall's legacy as well. so that is a much more long winded answer than you expected. appreciate you giving me the time. >> are the opportunities to sit next to anthony kennedy next saturday for john mccain's funeral. he had the collegiality and that certainly is important. we will talk about that a little later. in the real world here. i appreciate the separate powers or the rule of law. i worry that the president, the head of our executive branch may be using the executive power to a dance personal political interest. now more than ever i think we have to ensure that our institutions are independent and our firm against encroaching partisan politicking. there's nowhere important anonymously at the judiciary alexander hamilton famously rode and you cited many times the judiciary is the least dangerous branch of government based on the understanding the judicial branch? the powe

helped not single-handedly, but he certainly had colleagues, but he helped bring the end of plessy v. ferguson and achieved the greatest moment in supreme court history in brown v. board. i think about thurgood marshall's legacy as well. so that's a much more long-winded answer than you expected, senator. i appreciate you giving me the time. >> that's important insight. appreciate it. i had the opportunity to sit next to anthony kennedy last saturday for john mccain's funeral. i think all of us have the same opinion of his collegiality, friendliness, and that certainly is important. we will talk about that a little later. i noted yesterday some concerns, back to the real world here, about an administration that does not seem to understand or appreciate a separation of powers or the rule of law. i worry that the president, the head of our executive branch, may be using executive power to advance personal/political interests. now more than ever, i think we have to ensure that our institutions are independent and are firm against encroaching partisan politicking. there is nowhere important, obvio

helped not single-handedly, but he certainly had colleagues, but he helped bring the end of plessy v. ferguson and achieved the greatest moment in supreme court history in brown v. board. i think about thurgood marshall's legacy as well. so that's a much more long-winded answer than you expected, senator. i appreciate you giving me the time. >> that's important insight. appreciate it. i had the opportunity to sit next to anthony kennedy last saturday for john mccain's funeral. i think all of us have the same opinion of his collegiality, friendliness, and that certainly is important. we will talk about that a little later. i noted yesterday some concerns, back to the real world here, about an administration that does not seem to understand or appreciate a separation of powers or the rule of law. i worry that the president, the head of our executive branch, may be using executive power to advance personal/political interests. now more than ever, i think we have to ensure that our institutions are independent and are firm against encroaching partisan politicking. there is nowhere important, obvio

i'm thinking of plessy v. ferguson, for example, that was a scar on our body politic that said separate but equal educational institutions met the requirement of the 14th amendment. but can you talk about the extraordinary circumstances under which the supreme court would revisit a precedent. >> well, brown v. board of education, of course, overturned plessy, and plessy was wrong the day it was decided. it was inconsistent with text and meaning of the 14th amendment, which guaranteed equal protection, and the supreme court in the west virginia case in 1880 jury selection case had said, what is this amendment but that the law shall be the same for the black and the white and the supreme court, unfortunately, backtracked from that clear principle in the plessy decision in a horrific decision which allowed separate but equal and then brown v. board corrected that in 1954. of course, corrected it on paper. it's still decades and we're still seeking to achieve racial equality, the long march for racial equality is not over,

absolute, court has overturned opinion throughout its history, including notorious opinions like plessy v fergusone is no justice who has ever taken the position that every precedent must be upheld. judge kavanaugh has co-authored an entire volume, along with justice gorsuch, bryan garner, and a number of other respected judges on the law of precedent. it's a complicated multifactor , but when she get past the threshold you can decide whether the decision is right. what nan fears is the reality that so many have ignore knowledge, that roe v. wade was not rightly decided. it has been criticized in harsh terms. she is concerned that we have already passed the threshold of an query -- of inquiry. >> a couple things ed, president trump set out in talking about his supreme court nominees that he was looking for someone with two characteristics. someone who would overturn roe v. wade, there he blunt about that. and someone who would overturn the affordable care act. it's no's price the brett kavanaugh is that nominee -- bill surprise -- no surprise that brett kavanaugh is the nominee. in a speech he ind