i remember some johnsons like antonin antonin scalia who made waves from day one. chief justice robert voted the same way 90% of time. still some very conservative decisions. he assimilated very easily. he's a very familiar figure. i think he had an easier time blending into the court than gorsich did. he was not a well known figure by the supreme court. he was from the tenth circuit. he had a quirky writing style and on the bench. kavanaugh has been, has really done well. when you're in the supreme court and a new justice comes on, you judge that person by what he or she does at the court. you court of forget what happened before, which is the way to survive at the supreme court since you're going to be working with these other agent people for the rest of your life. you have to be collegial no matter what happened before. >> i think that justice kavanaugh approach in oral argument was similar to his approach when he was on the d.c. circu circuit. i had an argument before him that involved administrative law. it was very much like arguments i had before him when h

from scalia's death, let's not forget that was the triggering event, to justice kavanaugh. it's great to have you. >> thank you. i really appreciate you having me here. >> carl, what has happened to the process of filling a vacancy on the court that did not exist when you and i were young kids? >> it's in tatters. i mean, it's super partisan. and you know, both parties have played a role in this. but senator mcconnell took a big gamble the night that justice scalia died, decided after briefly considering his own personal relationship with the justice, he was close to him, he was going to stop president obama. now, mitch mcconnell had a lot of reasons for making that decision. one, protecting his own right flank. there was a debate that night. they didn't want other republicans to get out ahead of them. but even senator mcconnell didn't know how much it was going to help donald trump. and it led to donald trump being able to hold on to conservatives and evangelicals who were concerned about his character. republicans, as we both know, vote a lot more on the court than democr

under scully's death was -- justice scalia's death was unexpected. they were scrambling to get a jacket. you should just issue a formal statement or do it on camera. they decided to do both. part of the reason was because the new cycle is heating up so much on this because of senator mcconnell's decision. there's a lot going on, and was going on very quickly. host: normally if someone passes away you pay tribute to that person that day and deal with the politics a couple of days later. why did mitch mcconnell issue the statement so quickly, and what prompted him to do that? guest: we are used to these events and we talk about the politics amongst ourselves, but the public appearances let's remember the man first. mitch mcconnell statement around 6:00 p.m., i was taken aback by how quickly he moved to the politics. there was a reason for it. there is reason the president got out so fast, too. that night in south carolina there was a republican primary debate. a few people have dropped -- had dropped out, but there was still quite the republican lineup

the law makes one exception to this rule that scalia outlined.r is hired to protect you, you hire a police officer to guard a dance at a school, or in this case, you have an officer hired to be the resource safety officer, and i think he was in that position for almost eight years at this particular school. well, now he's been hired for a specific purpose. and there is an argument that if he fails in that duty, he can be sued, even under the scalia rule. >> let's listen to him. this is one year ago, scot peterson sat down with the "today" show. here's what he said then. >> i never would have sat there and let my kids get slaughtered. never. there was no time. things went so fast. >> were you a coward? that's what they called you, the coward of broward county. >> i know. i never had a chance. i never thought even for a moment of being scared or a coward because i was doing things the whole time. >> but surveillance video shows him standing iidall idly by one these buildings. that's going to be used in the trail. that's some of the video. >> not on

he's the oldest son of the late justice antonin scalia of. welcome jean scalia. [applause] it is a privilege to be here. i had the great fortune to work for bill in my first job out of college. we have all had the good fortune of his being a leading figure in this country in the many years since. let me say a few words about my good luck, then i will talk about yours. no person that i know outside of my family meant more to my formation as an adult then bill bennett. working for him was a second me.ation for in my two years as a speechwriter for him, i learned more than i ever had in four years at college. speeches tremendous about what all-american students should learn. he said "we should want every student to know how mountains are made. for most actions, there is an equal and opposite reaction. they should know who said i am the state. they should know about subjects, predicates, about isosceles triangles and they should know where the amazon was." this was beautiful stuff. i have to tell you, i didn't know a lot of it. i have not been taught this stuff. i wa

thejustice scalia put it, " judicial power is the power to adjudicate with conclusive effect disputed government personsagainst private and disputed claims by private persons against government or other private persons." justice frankfurt described as " providing the outlines of what were, and the founding generation, the familiar operations of the english judicial system." consistent with that understanding, federal courts have not issued any nationwide injunctions in the first 175 years of the republic. in 1963. case was one that absence of nationwide injunctions is not reflect an unwillingness to issue injunctions. 1937, attorney general cummings issued a report stating that the lower courts have issued thousands of inductions -- injunctions. in keeping with the english tradition, they found the government only with respect to the parties in those cases. the government continue to enforce new deal programs against others. even then, the subsequent therney general described reaction and the use of injunctions to challenge new deal programs as reckless, partisan, and irresponsible. i

when chief justice john roberts announced scalia had passed away, he had his statement. as many people have reported, barack obama, in california playing golf, they were not sure first how to approach it and their was a lot of internal stress among the judge savvy members of the obama administration over how to proceed, how quickly, how not quickly. merrick garland was not named until march 13, and that gave mitch mcconnell obviously plenty of time to then get people together. because what a lot of folks don't remember is mitch mcconnell certainly was ready for that moment, but other republicans wasn't quite ready for that moment and he got them onboard. so we know what happened. i think your point is well taken, is that was, that was not a really spontaneous move by mitch mcconnell. that was something that was part of a longer grander plan by someone who is aware of what the courts represent to his people at least. and on that subject they're so --there are so many strands we want to pick up here and i want to see if he wants to respond to what neil said back a a few mi

i think as justice scalia said it's a decision that sort of triply have strong claims. i think if you decided on standing ground you would really be deciding on grounds that are actually interior to anything the court decided in bandmere. >> mr. clement, if i understand the bottom line of your argument, you would answer the question that one of my -- i don't want to call him a former colleague. he's still a colleague but no longer on the bench with us. justice kennedy asked in one of these cases and it was if a state constitution had a provision that required redistricting to be based solely on partisan grounds. forget about whether they were meeting any other traditional grounds or not, you would say that was constitutional. >> well, actually, justice sotomayor, i think i might say to that particular hypo -- and i matters how you frame it. some requirement that's going to apply to every redistricting going forward, there's at least an argument there's an election clause with that argument to try to control subsequent redistricting efforts. >> you're basically saying ye

as justice scalia succinctly put it, the judicial power as americans have understood it and their english ancestors before them, is the power to adjudicate with conclusive effect disputed government claims, civil or criminal, against private persons, and disputed claims against the government or other private persons. justice frankfurter likewise described article iii as providing nearly the outlines of what were, in the funding generations, familiar operations of the english judicial system. consistent with that understanding, federal courts do not appear to have issued any nationwide injunctions during the first 175 years of the republic. as i said, the first documented case was a d.c. circuit case in 1963. and that absence of nationwide injunctions does not reflect an unwillingness to issue injunctions against the government. quite the contrary, in 1937, attorney general homer cummings issued a report stating that lower courts had issued thousands of injunctions against new deal programs. but in keeping with the english tradition and two centuries of american law, those injunctions bou

he's the oldest son of the late justice antonin scalia of. welcome jean scalia. is a privilege to be here. i had the great fortune to work for bill in my first job out of college. we have all had the good fortune of his being a leading figure in this country in the many years since. let me say a few words about my good luck, then i will talk about yours. no person that i know outside of my family meant more to my formation as an adult then bill bennett. working for him was a second me.ation for in my two years as a speechwriter for him, i learned more than i ever had in four years at college. speeches tremendous about what all-american students should learn. he said "we should want every student to know how mountains are made. for most actions, there is an equal and opposite reaction. they should know who said i am the state. they should know about subjects, predicates, about isosceles triangles and they should know where the amazon was." this was beautiful stuff. i have to tell you, i didn't know a lot of it. i have not been taught this stuff. i was telling amer

although, i remember seeing justice like anton scalia who made waves from day one. but he played the game with the court. he was on the same side, he and justice chief justice roberts voted the same way in 90 plus% of the time. still some very conservatives decisions, but, to go to david's point, he assimilated into the court very easily. figure very well-known folks on thehe d.c. circuit judge -- i think he had an easier time mixing and blending into the court then justice gorsuch did in the previous year. gorsuch was not a well-known , here by the supreme court was from the 10th circuit, and he had a sort of quirky writing ade -- writing style, and quirky question style on the bench. -- i'm sorry, kavanaugh has done really well. once addressedor this point she said when you are . in the supreme court and a new justice comes on, you judge that person by what he or she does at the court. you sort of forget what happened before. which is, i guess, the way to survive at the supreme court because you are going to be working with these other eight people for the rest of

. >> justice scalia once asked a question when someone gave that example, what would happen if a court had said in jesus christ we trust. >> that is a nice illustration of the distinction. in god we trust is promoting religion and in day two we have in jesus we trust what messages the government sending you can't trust a jewish god you have to take sides in a sectarian dispute. if they are taking sides in a sectarian dispute, that is precisely the definition of what constitutes an establishment. >> why am i not proselytizing religion when i say in god we trust but i am in jesus christ we trust? >> that is fair enough, the difference between promoting religion or one sec to another, i think the sectarian point would obviously lend itself to proselytizing. in this context i want to emphasize that all symbols are sectarian. there is not a thing . >> what is your answer to the cross on city hall i didn't get if your answer was unconstitutional or constitutional. >> we would like the court to adopt -- >> in the dissent he said a cross on city hall would be unconstitutional, do you agree? >>

for years we thought justice scalia talked about cases. i think in the 25 years or so we were together, we may have done that a half dozen times. >> so basically, the court hears the decision -- hears the oral arguments and then you have a conference a couple of days afterwards and that's when you have a formal discussion in. what order do the justice talk? is the it chief justice first and the senior justice next? >> that's exactly. you start in order of seniority. you start in the descending order of seniority starting the chief. and you work through it. that's why i said earlier that the biggest change is the order in which i vote. >> but now, when the judge -- when you make a decision of who's going to vote how -- the case, the chief justice if northeast the majority he recollects assigns the opinion? >> that's right. >> and if, let's say you're in the majority or minority, you would assign the opinion? >> exactly. >> opposite of him? >> that's a good point. that's another change. because i moved up in seniority, it is more likely that

her first assignment was a trip to kenya, where she met clinic director for scalia bongo. they now have their own hospital and can see up to 200 patients daily. diane wants to expand its services to include two state- of-the-art operating rooms. expanding healthcare and education opportunities. this week's jefferson award in the bay area goes to diane dodge. >> reporter: diane is planning another trip with volunteers to africa in the near future. >>> you can nominate your local hero for jefferson award online at kpix.com/ zero. >>> still had at 6:00, details on a deadly dealership shooting, the supervisor now credited with saving people's lives, while sacrificing his own. >>> plus interested tail of three people luring men on dates, but the victims and during a lot more than rejection. >>> airbnb is now offering a stay on a private island. that may sound great but it comes with a rather large price tag. >> a night at this fully staffed resort in french polynesia goes for more than $140,000 in august. the new airbnb lux product line also includes multistory mansions, pentho

so we've -- if you look at justice scalia's -- if you look at his separate opinion in reynolds, he clearly is looking to the purpose provision of this act and saying it demands comprehensiveness. >> i agree 100% with you that this could be a statutory interpretation issue, but we would prevail under that. the problem with the government's statutory interpretation argument is that the delegation provision here is not ambiguous. it gives authority to the attorney general when the court looks to say the statutory context or legislative history, seems to interpret that that statute, that's generally when the text itself is ambiguous and provides for two different plausible readings, but here that's not the situation. i just note justice scalia was dissenting of course in reynolds -- >> he was dissenting, but nine justices in reynolds all had the same view of this statute, which is that this statute demanded comprehensiveness in the registration of pre-act sex offenders. in other words, both in the majority and in the dissent, this was the one point and comment that they said this statute was d

scalia give me some of my biggest mobile opening up. got me to go but i don't. know what. i did not do. i'm. down with us myself why me know. how we are from people i love away from the forest that i care for. this was the longest look at we had 9 mobs. and about 20300 people staying at a time you this was no time when i said well you know to heck with my consequences the land is more important the force is more important so that's why right there and then on somewhere on this mountain i decided ok i'll go on under one. for the 1st time $3000.00 and natives lift their homeland to tell the world of their plight. we went to 24 cities and 13 countries. living in the planning their airports and between the borders. to me there was so much hope in the world to save us. when i went to the unit the next and i thought the state government often government where they can make decisions over and above. saddleback indigenous peoples alliance. as a very naive person at the time i thought that was it things will change. mr president distinguished guest fellow tribal leaders let 1903 be

it was not to fill the vacancy created by the scalia death in the middle of the presidential election. as ralph pointed out, we are beginning to see the results. the president has made outstanding selections. neil gorsuch, bret cavanaugh. but my friends, you probably already know most cases never make it to the supreme court. the next step down is the circuit judges. the next step down is the district judges. most complex litigation doesn't get past the circuit court level. they are extremely important. there were a lot of vacancies left when president obama left office. i was the majority leader the last couple of years he was president. we didn't have a lot of time to fill all those vacancies. [ applause ] >> this is a pretty alert crowd, ralph. so we had lots of opportunities and we didn't waste them. we did 30 circuit judges the first two years. that's a record pace for any administration in the history of the country. we're now at 41. we'll soon be adding two additionally. let's put that figure in context. about 1 out of 4 of every circuit judge in the whole country has been appo

the entirety of the english the n law evidence that court -- that justice scalia the d on that became opinion of the court, was one ratification case that adopted it. that is how it originally happened. what -- want know to know what the public understanding -- understanding any of these treaties with the xception of blackstone which was every lawyer's bible at the time of the finding. bhakstone.othing in these other -- blackstone. known, they e well had these treaties on the book is what they hat looked to? do you have evidence of that? yes, they were well-known written by hich was a person on the king's bench. numerous cases in this country for criminal and law principles. three of the fight treatists are treatists we rely on here. >> they don't cite any actual authority. authority? what holdings of prefifth adoption courts are cited in those -- are cited in treaties? > mc naly cites -- mc naly cites them and discusses them. >> do we have the opinion in hutchinson? >> there is a bail notation and that is the only thing that and scholarship long ofed that was from one phase the case.

[applause] >> and to you, gene scalia, with us, and the hundreds of americans of faith who have come from near and far, and those looking on. it is a joy for me to be here tonight. that laterrstand tonight, the faith and freedom: version will recognize another american who i have admired throughout my adult life. he is someone who has carried the -- he was secretary of education. he has been educating americans about the strength of our values , foundation, and liberty. allow me to offer an early congratulations tonight to the recipient of this year's winston churchill lifetime achievement award, bill bennett. [applause] >> well-deserved. congratulations. mine, letf friends of me begin tonight by bringing greetings from another friend of mine. he is on the other side of the world, but i know his heart is here with all of you. he kicked off your week of gathering for the faith and freedom coalition. to bring greetings from the 45th president of the u.s., president donald trump. [applause] >> starting you off this week, the president said americans believe god has forged a character of

happened in 2016 with respect to the nomination of judge garland to replace the deceased justice antonin scalia. i should say that judge garland was my old boss.that is who i clerked for the d.c. circuit. i thought that the way senator mcconnell treated him was shameful. and an embarrassment in the real breach of what had ea happened before to a really fine jurist and he'd been a wonderful addition to the supreme court. so this got liberal detention they feel that there is a stolen seat out there in effect. and so what should happen, if a democrat re-proclaims the oval office, some are suggesting that the court should be packed, in effect, this is calling back to fdr as proposal during you know, the 1930s and 1940s where the supreme court was invalidating legislation under the new deal and there's a great deal of frustration and that did not come to pass ultimately but there are those who contend that the proposals really did get the attention of the supreme court. other reform proposal suggests we should get rid of life tenure. and we should move to a system where there are 18 year term in eff

lankfordtor james [applause] and to eugene scalia who was with us and the hundreds of members of faithho have come from near and far and to those looking on it is a joy for me to be with you tonight. i understand that later tonight the faith and freedom coalition is going to recognize another american who i have admired throughout my adult life. he is someone who has carried forth the conservative message as an educator, historian, a voice on the public airwaves like very few americans. he was secretary of education and he has been educating americans about the strength of our values and our foundation and liberty. allow me to offer an early congratulations tonight to the recipient of this year's winston churchill lifetime achievement award, bill bennett. [applause] vice pres. pence: congratulations. speaking of friends of mine, let me begin tonight by bringing greetings from another friend of mine. [laughter] he is on the other side of the world that i know his heart is here with all of you and i know he kicked off your week of gathering for the faith and freedom coalition. greetings

court. >> one of the interesting things about conservative evolution on the documents was justice scalia who was behind our deference, then the obama administration came in, started interpreting regulations, then he decided it was fundamentally unconstitutional to do so. >> the one thing i will say, i think one of the things that triggered some concern, and i think legitimate concern, there were instances a 180 change in house statutes and regulations read without really particularly department of labor, without giving good explanations, and really upsetting a lot of reliance. i think that did get a lot of members of the court concerned. >> so let's continue with the political theme. jason gore chin ski, has experience as senior doj talking gerrymandering. >> sure. these cases, two of them were decided together. rucho was challenged, and ben ecet was a challenge. the case maintained status quo at the spriemz. partisan gerrymandering claims have a 35 yearish history. starting with a case from the mid-80s, band a mere. it resulted in split opinions. the court said there was not a majority

for instance, justices scalia and clarence thomas have spoken at fund-raising events for the federalist society which is in conflict with cannon 4 c of the code's provision stating that a judge "may not be a speaker, a guest of honor, or featured on a program of a fund-raiser." more recently, political statements by justice rouge bader ginsburg criticizing then candidate donald trump and overtly partisan statements by brett cakavanaugh violate sever of the cannons including five against making statements regarding political candidates or engaging in political activity. in short, we cannot rely on the justices to police themselves. second, congress should amend the recusal statute 28 usc section 455 to require at a minimum that judges and justices provide an explanation for their decision to recuse or remain on a case when challenged. in addition, congress should put in place or encourage judges to put in place procedures to refer recusal request to another judge on the court in some cases. both of these changes are well within congress's constitutional authority. congress has already en

they are all federalist approved. .hat was started by scalia women's rights, forget about it.e are down the toilet. host: that is josephine in new jersey. we are talking about the statements by the senate majority leader and you can continue to call on that. as we talk about this here in , presidentstates trump meeting with prince charles and camilla to start the three-day state visit that will take place. not only will the president have a luncheon, he will meet with the queen a several times. a wreathlaying plant as well as discussions on economic issues. these will take place over the three days. i believe this is buckingham palace. the washington post highlighting when it comes to this visit that previous u.s. presidents visited the queen during her long rain. president trump is only the third american leader to receive the honor of a state visit following presidents george w. bush and barack obama. he will meet with several senior royals, but not the duchess of sussex, who gave birth last month. he is scheduled to have a private lunch with the queen, aat with prince charl

serious risk potential of physical injury and it's that last phrase that the court to sort of justice scalia writing throughout their hands. and both judge pozen or the lower court opinion, and i think i said the same thing there is no problem here, what the government at the presentence report and let them discover how often these crimes do involve violence and then categorize. it's tough to do with the johnson case because with the johnson case, you were talking about the state crimes that are phrased in the 4,000 different ways but it's sure not tough to do here. this is a federal crime-based statute. the government has all of the presentence reports at once, and it can go through and categorize which are violent in which crimes are not. and if that is so, i don't see why it couldn't come if that is so, this wouldn't be a difficult statute to interpret. it wouldn't be very ambiguous and therefore, you win you lose because in fact it isn't unconstitutional. if i think that, which i do, is there some argument against it which there very well may be, which would tell me i'm either alone or o

scalia was a very good friend of the criminal defendant in terms of the fourth amend protection againstuely written statues that are just applied willie nelly by prosecutors. gorsuch joined four times with the liberal bloc in criminal procedure cases to provide the deciding vote. kavanagh more for pragmatic centrist on those kinds of cases. paul: it's interesting because the new judges and the federalist society's define their jurisprudence broadly as a regionalist which means interpreting the constitution as it was originally written and it turns out there are a lot of fridays originalism in these justices are expressing those fridays in different ways. >> they are and in general regardless of how kavanagh labeled himself or commentators label him he didn't show himself to be terribly original list. he was text list in the sensor reading statutes for what they say and not trying to import some sort of ambiguity that allows the agency or judges to put in their own views but gorsuch is the one who is siding the old texts in the history and the original public meaning. kavanagh little mor

stocks scalia fallen apart thing that general that's kind of my role ok all right. thank you rob.have a question for rob, you can e-mail him just like our viewer did today you can e-mail him at rob at rob black dot com. >>or reach him through twitter or facebook. >>so in the classrooms, one of this to horace mann school in the mission district looks great on the outside right that's not the problem it's what's on the inside grab droppings covered the floors in the classrooms and they're just crumbling there. hazards to the kids off their parents say the problem they have problems with broken toilets and that many of the classrooms. they're always dirty. i certainly wasn't aware that there were. >>sharp pieces jutting out of heaters that can. >>hurt kids. i was know where they were tiles that were falling out of the ceiling. that meant entire classes had to be shut down for days on end kids are seeing the mice running along the floor and >>the san francisco school district says it is prioritizing any issues relating to health safety and sanitation at that school. still ahead on the

. >> an antonin scalia described himself as a faint hearted originalist.dered to pay $44 million in damages after a jury finds it defamed a local bakery with accusations of racism. what other universities can learn from overland's might,'s - learn from overland's might,'s - geico makes it easy to get help when you need it. with licensed agents available 24/7. it's not just easy. it's having-a-walrus-in-goal easy! roooaaaar! it's a walrus! ridiculous! yes! nice save, big guy! good job duncan! way to go! [chanting] it's not just easy. it's geico easy. oh, duncan. stay up. no sleepies. it's geico easy. as a doctor, i agree with cdc guidance. i recommend topical pain relievers first... like salonpas patch large. it's powerful, fda-approved to relieve moderate pain, yet non-addictive and gentle on the body. salonpas. it's good medicine. doctor bob, what should i take for back pain? before you take anything, i recommend applying topical relievers first. salonpas lidocaine patch blocks pain receptors for effective, non-addictive relief. salonpas lidocaine. patch,

. >> an antonin scalia described himself as a faint hearted originalist. college is ordered to pay $44 million in damages after a jury finds it defamed a local bakery with accusations of racism. what other universities can learn from overland's might,'s - did you know with vanishing deductible, you can earn $100 off your deductible for every year of safe driving? sing that. ♪ vanishing deductible, you can... ♪ ♪ earn $100... ♪ earn $100 off... ♪ off your deductible. ♪ deductible. ♪ for every year of safe driving. ♪ ♪ for every-- for every-- ♪ ♪ for every year of safe driving. ♪ what are you-- what key are you in? "e." no, no, go to "g." "g" will be too high. not for me. ♪ vanishing deductible. oh, gosh. sweet, sweet. paul: overland college ordered to pay a whopping $44 million in damages last week after a jury in ohio found that the university defamed a local bakery, falsely accusing the fifth generation family business of racial profiling, following the 2016 arrest of three black students involved in a shoplifting incident. wall street journal editorial p

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[laughter] judge: somewhere scalia's happy. i would warn right now as partisans, you know, be careful getting on the side of, well, the fifth amendment, we want it to apply because manafort might be, you know, with these folks, and it's like, well, we don't always have to jump. the constitution should always be the gold standard, and we're -- judge: correct. it doesn't matter who's harmed or benefited by it. [inaudible conversations] >> by that logic, they can throw out the 14th and 15th amendments. judge: well, they can -- >> states' rights. judge: they can word their way around almost anything which is, i'm sorry, sam -- justice alito -- they can word their way around almost anything. that was part of the gorsuch dissent. if the fifth amendment was written for anything, it was to prevent double prosecutions and double punishment. so we'll see where it goes, but that's the law, 7-2, it's not going to change. >> if i was trump, i'd be concerned. judge: i don't think the president is worried about this, i just through that in th

that was reaffirmed in 2005, justice scalia deciding.a legal perspective where the constitution says, you know what, constitutionally no duty to protect. that's a problem. and the last point is is it sets a dangerous precedent. are you going to look for officers around the country and charge them with inactivity? >> but, jimmy, somebody who was in law enforcement and understands this, that's the guy's job. >> yeah. >> is to go in and protect the kids. this is why we heroize first responders. i mean, you are one, but you guys do things that people like me and joey probably wouldn't do. >> yeah. >> and you are paid for it in this man's case. so what's your policy argument? >> joey makes a good argument and joey argue -- this has been settled in the courts. it's settled law. let me give you a couple of points here. first of all, if you want to quote the supreme court, 1989, graham v. conner, which was the objectionable reasonable standard for police in excessive use of force. if you take somebody into custody and rough somebody up, what sho

supreme court addressed that issue in 2005, scalia, and what they said was police don't have a duty,gal obligation to offer protection. the second basis, quickly and that is that under the statute which provides for caregivers, right, child neglect, a police officer is not a caregiver so is every officer on a child detail going to be deemed to be a caregiver? to start criminalizing it is problematic. >> paul, he is actually live in a broward county courtroom, scot peterson, having to face some of these charges, i think we have some shots of that. look, as joey said it's terribly tragic. in the face of a life and death situation he choked, but is that criminal? >> customarily prosecutors do not bring charges like this against the police. this is highly unusual, in fact, there's -- there are some people who worry that it may create a precedent across the united states causing people not to wait for s.w.a.t. testimonies to come in and set up to go after a shooter but they will act precipitously. on the other side of this, i looked carefully at the facts, the warrant for arrest indicates

remember in 2015, it was scalia, i believe, who wrote the majority decision there essentially sayingallenging extreme gerrymandering, the question here, was not reviewable, but kennedy left the door open in 2014 and he wrote he would not foreclosure on all possibility of judicial relief if some limited and precise rationale were found, but that door has now been closed. i'm hearing we're getting a ruling on census. let me know when we can go to jessica on that. until we can, this is a seat change because kennedy is no longer on the court. elizabeth? >> right, exactly. and so you have, you know, this conservative majority being much starker in their decision than they would have, i think, if kennedy were on the bench keeping the door open and the court knows how to make decisions when it comes to the law. as justice kagen said, it's the court's job to declare what the law is. they can deal with somewhat gray areas. i think chief roberts is playing too cute saying they can't weight in because there's no clear standard. we know the famous rule, you know it when you see it, it doesn't st

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justice scalia said politicians only have one goal no matter what they say. >> to get re-elected.f social media is basically taking place, the place of the traditional media sources and one or two companies really dominates that and uses that dominance to favor one political group over another, wouldn't that probably be a place where in fact there should be some regulation because we have seen that under -- >> regulation of speech. >> i'm talking at fair play and the fact that for example, we have to give other groups fair play et cetera, so i'm just saying again, i think the person and i think that it's perhaps overwhelmed because it is political is that their dominance of facebook, the dominance of google owning 92% search has allowed companies to behave not necessarily even- handed. the whole purpose of what the first amendment will decide what to say and listen to and write. >> but there's precedent, judge we've asked for equal time requirements for networks. >> well the equal time requirement is gone the networks may grant equal time out of their own best interest because the

against his and now encroaches on alternative we do not seek war but will then let's lead defendant scalia's land and waters will take this new. aggression to the united nations and show that the u.s. is lying about international waters all right let's speak now to a close one of those who joins us on the phone line from tehran and also tell us more about this iranian pushback about one of the problems being say. well we've heard already from the revolutionary guard and their version of events it's quite specific and it does not meet any room to for anybody to believe that there was any error in the downing of this drone over what they say was their airspace the revolution guard say that the drone was brought down near the crew have a bike region which is a. county area near the strait of hormuz now they say that this drone took off from the south of the persian gulf and that it was making its way around the iranian. southern iranian provinces and then a few hours later it entered iranian airspace and that is when they decided to take it down with. cyle the iranian revolution guard said that

the debate, scalia died when in 2016 there was a debate and drove a ton of decision making includingput forward by president obama. >> well, i'm excited to read the back history but then i quickly as soon as i got my book, i went to the kavanaugh chapters to read through the story of what went down in the fall. we all remember that brutal confirmation battle. don mcgahn really seems like he had such absolute influence. >> yeah, don mcgahn i think of running theme in my book. don mcgahn is a super interesting character because president trump is mad at him right now but the engineer of trump's big accomplishment. don mcgahn from get-go of this administration saw brett cav kavanaugh as their likely second pick after gorsuch and did everything he could to get him there and was successful and stuck with him, kept the votes in line and one of the interesting parts of the book is mcgahn and kavanaugh in the seconds before he goes out to testify says you've got to reboot the room here, you know. she did a good job. you have to really go out. this is what all the work you've done in your lif