fairness, golf, and scalia and dissent the trifecta. [laughter] i can imagine no case more perfectly designed to bring out the essential elements of justice stevens approach to fairness and to judicial decision-making. justice stevens opinion for the court was a trademark gpf. he began with a careful textual analysis of the ada including a reference to congress brought intense enacting the statute and the legislative history. one purpose of the ada he observed was to force the reevaluation of long-standing practices have the effect of excluding disabled people went reasonable accommodations would prevent that. fairness requires source of individualized determinations not reflective references to the way things have always been done. and, as usual justice stevens took extremely seriously the trial court's factual finding. particulates fighting the fatigue marketed doris and playing with his disability even while riding in a golf cart was undeniably greater than the fatigue and other competitors experience from walking the course. this me

fairness, golf and scalia and dissent, the trifecta. i can imagine no case more perfectly designed to bring out the essential elements of justice stevens approach to fairness and judicial decision-making. justice stevens opinion for the court was trademark gps. he began with a careful textual analysis of the a.d.a., including a reference to congress's broad intent and an act in the statute, and the legislative history pierre. one purpose of the a.d.a. he observed, was to force the reevaluation of long-standing practices that had the effect of exclusion colluding disabled people when reasonable accommodations would prevent that. fairness requires just the sorts of individualized -- references to the way things have always been. done as usual, justice stevens took extremely seriously the courts factual findings, particularly it's finding that the fatigue martin insurers with playing with his disability, even while writing in a golf cart, was undeniably greater than the fatigue that other competitors experienced from courts. this meant tha

secretary scalia understood that the president needed to do more to reassure the public about the last few weeks of the trump administration. mr. pottinger, when he made a decision to resign, did you walk out of the white house immediately? -- >> secretary scalia understood that the president needed to do more to reassure the public about the last few weeks of the trump administration. mr. pottinger, when you made the decision to resign did you walk out of the white house immediately? >> no, i wanted to first to talk to my immediate boss, that wasn't national security adviser, robert o'brien. robert or bryant was traveling on the sixth. i reached him at about 4:30 pm and told him that i was submitting my resignation. he accepted the resignation but he also asked whether i could stay until he could get back to the white house. and i agreed to that. we both wanted to make sure that i was leaving in a responsible way. we still have foreign adversaries to worry about. hackers, terrorists, nation states. and i did not want to leave the chair empty while i was the top national security staff

as your secretary scalia one president, trump, to convene a cabinet meeting. he put his request in a memo to the president, and here's what it said. you can see the secretary scholarly recommended that the president, quote, no longer publicly question the election results after wednesday. no one can deny this is harmful. secretary scalia also highlighted the importance of the public, knowing the president would invoke his cabinet in decision making and not quote, certain private individuals. though secretary scalia did not say it, he was referring to rudy giuliani and the rest of the so called clown car working with president trump to try to overturn the election secretary school. we understood that the president needed to do more to reassure the public about the last few weeks of the trump administration. mister ponder when you made the decision to resign. did, did you walk out of the white house immediately? no, i wanted to 1st talk to my immediate boss that was the national security advisor, robert o'brien, i, robert o'brien was traveling on the 6th. i reac

in fact, scalia, a quote from scalia, i know you like when i quote scalia, lawrence, he said, in thission, because, as the citizens united, of course, has been a very bad case, and in another case, he did say, i do not look forward, this is in 2010, don't be read, to a society which, thanks to the supreme court campaigns anonymously hidden from public scrutiny, and protected from the accountability of criticism, this does not resemble the home of the brave. why i bring that up is on 8 to 1, the justices did say in the past, it's illegal to put these kinds of rules in place for disclosures and disclaimers. when you asked what would be the fate of this bill, after we pass it in the senate, after we win this election in the fall, i think we will stand well, only because, even the conservative justices acknowledge that you could put these rules in place. >> i remember the days when justice scalia was considered the extreme right edge of the supreme court. >> the good old days. >> it strikes me now senator whitehouse, he meets somewhere near roberts in this mix. >> that difference is, just

secretary scalia understood that the president needed to do more to reassure the public about the lasts of the trump administration. mr. pottinger, when he made a decision to resign, did you walk out of the white house immediately? >> no, i wanted to first to talk to my immediate boss, that wasn't national security adviser, robert o'brien. robert or bryant was traveling on the sixth. i reached him at about 4:30 pm and told him that i was submitting my resignation. he accepted the resignation but he also asked whether i could stay until he could get back to the white house. and i agreed to that. we both wanted to make sure that i was leaving in a responsible way. we still have foreign adversaries to worry about. hackers, terrorists, nation states. and i did not want to leave the chair empty while i was the top national security staffer in the white house. so i ended up staying at my desk, when robert o'brien arrived at the white house the next morning, the morning of the seventh. i.d. briefed with him and left for the last time. >> you bopha and i both share a passion for the national s

kinzinger: you heard secretary scalia wanted president trump to convene a cabinet meeting. he put his request in a memo to the president. here is what it said. you can see that secretary scalia recommended that the president "no longer publicly questioned the election results after wednesday. no one can deny this is harmful." secretary scalia also highlighted the importance of the public knowing the president would invoke his cabinet in decision-making and not "certain private individuals." although secretary scalia did not say it, he was referring to rudy giuliani and the rest of the so-called clown car working with president trump to try to overturn the election. secretary scalia understood the president needed to do more to reassure the public about the last few weeks of the trump administration. mr. pottinger, when you made the decision to resign, did you walk out of the white house immediately? mr. pottinger: no. i wanted to first talk to my immediate boss, the national security robert o'brien. robert o'brien was traveling on the sixth. i reached him at 4:30 p.m. and t

i could pick up a nina scalia briefing and know it was nina scalia. they all have personal styles and their different from one another. you cannot copy somebody else's style, it just doesn't work. so i think great judicial opinion writing, you know, is having a great writing style which is your own. i think there is a real question as to sort of how much you indulge that style, if that is the right word. for me, that depends a lot on whether an opinion is a majority or dissent. i feel when i'm writing a dissent, i'm writing for myself. some people are going to join me . i am not writing for the court, i'm writing for myself, so i can indulge my own personal flourishes or styles more than i can when i'm writing for the court. my first year on the court, this is a very small example but meant to illustrate the larger point. my first year on the court, i circulated an opinion that had attractions in it, and one of my colleagues called me and said, he did not like contractions. i don't mean to make fun of this at all. he thought they were too informal. he

. >> hearing secretary scalia wanted president trump to convene a cabinet meeting. he put his request in a memo to the president. here's what it said. you can see that secretary scalia recommended that the president, quote, no longer publicly question the election results. after wednesday, no one can deny this is harmful. secretary scalia also highlighted the importance of the public knowing the president would invoke his cabinet in decision making and not, quote, certain private individuals. the secretary scalia did not say it, but he was referring to rudy giuliani and the rest of the so-called clown car working with president trump to try to overturn the election. secretary scalia understood that the president needed to do more to reassure the public about the last few weeks of the trump administration. mr. pottinger, when you made the decision to resign, did you walk out of the white house immediately? >> no. i wanted to first talk to my immediate boss. that was the national security advisor, robert o'brien. robert o'brien was traveling on the 6th. i reached him

kinzinger: you heard secretary scalia wanted president trump to convene a cabinet meeting. he put his request in a memo to the president. here is what it said. you can see that secretary scalia recommended that the president "no longer publicly questioned the election results after wednesday. no one can deny this is harmful." secretary scalia also highlighted the importance of the public knowing the president would invoke his cabinet in decision-making and not "certain private individuals." although secretary scalia did not say it, he was referring to rudy giuliani and the rest of the so-called clown car working with president trump to try to overturn the election. secretary scalia understood the president needed to do more to reassure the public about the last few weeks of the trump administration. mr. pottinger, when you made the decision to resign, did you walk out of the white house immediately? mr. pottinger: no. i wanted to first talk to my immediate boss, the national security robert o'brien. robert o'brien was traveling on the sixth. i reached him at 4:30 p.m. and t

do eugene scalia, usually a pretty smart guy, secretary of labor like, he is like very, lawyerly, welld him on december 14th that was the end of the process. it's all garbage! it's all made up! [laughs] please call on me, everybody constantly having to indulge this -- on december 14th -- it was done, he lost! it's a ludicrous set of all these people -- bill barr, eugene scalia everyone taking it seriously, for cassidy hutchinson just saying once the fraud thing didn't work out -- it's about keeping him in office. obviously! didn't they have to know that? >> there were never real arguments. >> and whenever real arguments are real factual predicaments to all of this. we've had so much testimony, i think it's all truthful testimony to the mountains of labor that is churning in these five weeks afterward. >> it's not a real argument, there's not a factual basis for him staying in power, it's a pretext. just to see if they can help him support the pretext. >> that's my question. were they -- what did they tell themselves they were doing about all these pretextual efforts? >> they were letti

ready scalia, digital it on, you know, in the holding cells. daniel with the she can last a little bit, but i need to pick it up with a question about the mckinney stone head or becket, thats i get the whole divided metric. we just send you, it will get my special furnished with all it he did with the dog, but hold it. so local combustion, it was done. you won't buy him that kindly by now going around those que yeah, that was our but the leader with a with what it was in the ork camelback, i think a question, but need to thank you for telling me somewhat during this time with only good a lonely, strategic, portable serbia than i mr. gardenia go with a she has the what your loved ones doing? flushing it because i live. so yes, she knew that i knew it will get the live and with me about the customer will not like it. they said we did. thank you. once a year with the blessing and publish meridian door, he put up the list of allah. but usually you go, that'll be just for blood donations. some with ah just about these, you know, green, you mean he w

up when your mom was hoping in. mama, i don't even know if i put my mind like, you know, brownie scalia with the lafayette this blue with i did the sky. what it does is he looking at the up when i get a take a break i oh, did that work? i met with d by john, who do i need to do with scalability? yes, collier, i'm the little girl with one teacher, blah, blah blah, blah blah. i'm better on signing up beside jago. so massy, luckily puts on me, says i sort of what i'm laying. i thought that most thought at this, how much i'm letting my yeah. some priscilla sang at the top, so messiah on got. com that i left by the i read with i'm done with cindy. this by doings. i've got the past the day and it's kind of gotten medical model and then when it comes up, let me let me show you. i was doing it for young, blooming and when the jokey got it going on, we met a got a young when you do, i mean did you get this article that oh me. oh, i just had to joking them when you look it all when you go to near me. my said anthony, as you see me down so i thought when yes, i could tell them. yeah, i think i'm g

ready scalia, digital it on, you know, in the annual, but they only get you with a she can do like that. this will give you a little bit of a, you know, but i need to pick it up with a shot question. what is that the mckinney stone, your head or becket? that's like it's all divided. let me just send you to 4. get my question. finished with a lawyer. does it all it he did, let us go to the up and hold it. so local combustion, it was done, you won't by you, not only by not point around those. yeah, that was our but the leader would you need with what it was easier for them about that question, but need to thank you for telling me no more. during this time with only good only strategic, portable cbm, mr. id here. go with it for you to go to. but if she has the what your loved ones done? yeah. flushing it was that list. so yeah, the procedure that i knew little bit the design with me about the woman you customer with us, you know, with the official medium door he put on the list of allah, but usually i use a little them just for love the initial, some with ah, just ne, you know, green, you

ready scalia, digital, what are you in the annual, but they only get you with a she kinda like busy, so give us we shall move the way you live local, but i need to speak with a question. what about the market is don't, i don't think it's, i think it's all about metric me to send uniform. get my question for you. why does it all it? he didn't put up on hold it. so local combustion, it was done. you won't by you. not only by now my point, i'm done. yeah, that was our but the leader with a with what it when it was the old demo, but i take a question but need to thank you for telling me so more during the day, but then we did all the stuff that you put a placebo. then mr. mcgee here, go with it, or you didn't go to that issue the what your loved ones done? yeah, flushing it was on. so yeah, little celia, but i knew little, we'll get this done with me about the customer will not like it. they said we did, you want to, you know, with the official medium door he put on the list of allah, but usually they use collateral. them just for nikia love the initial some with ah, just marty stu, buel

because many years ago, the late supreme court justice antonin scalia a limited the edifice of scalia, he lamented that the edifice of abortions the court had erupted seemingly overnight may have to be torn down doorjamb by doorjamb. he worried maybe never toppled over. the pro-life movement, we took his words as a moral challenge. we won hard-fought battles in the court over and over. that reduced roe to that facade that the court finally pushed over just a couple weeks ago, that abortion right that was claimed fundamental in roe and narrowly escaped being overruled in 19 in -- be casey. -- planned parenthood be casey. emerging as a liberty interest. regulated like any other medical procedure. these last 50 years, a case on abortion before the case on average every two years or so and each of those cases, the court could have overturned roe, they did revisit the abortion issue directly. not talking about first amendment rights, free speech rights relating to abortion, pregnancy centers like the case out of california, direct abortion cases and over and over for 50 years, we have scho

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for example, then secretary of labor jean scalia the son of late justice scalia called president trump in mid december and advise him to concede and accept the rulings of the courts. >> i had put a call into the president, i might have called on the 14th and i conveyed to him that i thought that it was time for him to acknowledge that president biden had prevailed in the election. but, i communicated to the president that won that legal process is exhausted, and when the electors have floated that, that is a point in which it should be expected. i did believe that once the legal processes were brought a fraud had not been established, that had affected the outcome of the election than i believed what had to be done was to concede. >> as you have seen the prior hearings, president trump's justice department, white house staff, and campaign officials were repeatedly telling him that there was no evidence of fraud sufficient to change the outcome of the election. and, last week we conducted an eight hour interview with president trump's white house counsel, pat cipollone. you will see a n

in my hearings, frankly, last thursday, we put out a letter by secretary scalia. eugene scalia mentioned talking about the president meeting to meet with the cabinet. i think that was, kind of, a wave of threats for them. there is a lot more to go. >> so, it is interesting, adams, because you have now seen the sort of, floodgate open for a lot of folks to come forward and want to speak to the committees. it has been about a year since the committee started its investigation, and a lot of those officials you meet recently met with our negotiating to meet with this. were any of them previously reluctant to sit for an interview? could you attribute their, how should we say, recent willingness to cooperate with the committee as a sign that the committee is opening up some cans that they want to make sure they have under control? or at least some say in? >> i think it is a good way to put it. i think it is that. i think it is now the committee is actually being taken seriously. for the last, whatever, nine or ten months, it was really developing the investigations. it

and i could pick up a nina's glia opinion and know it was written by nina scalia. they all have different styles in the styles are different from one another, and you cannot copy somebody else's style, it just doesn't work. so, i think like grave judicial opinion writing, in some sense depends on having a great writing style that's recognizably your own. i do think that there is a real question as to how much you indulge that style, if that's the right word. for me, that depends a lot on whether an opinion is a majority . i feel when i'm writing a dissent, that i'm writing for myself. there are some people who are going to join me, but i am not writing for the court, i'm writing for myself. so i could indulge my own personal flourishes or styles. more than i can when i'm writing for the courts. in my first year on the court, this is a very small example, but it's meant to illustrate a larger point. in my first year on the court i circulated an opinion that had contractions in it. and at one of my colleagues called me and said he didn't like contractions. he thought

do you agree with justice scalia's view that roe was wrongly decided. senator i completely understand why you are asking the question. but again, i can't pre-commit or say yes. i'm going in with some agenda because i'm not i don't have any agenda. i have no agenda to try to overrule casey. i have an agenda to stick to the rule of law and decide cases as they come. well what i'm as a person, i don't know if you'll answer this one either. do you agree with justice scalia's view that roe can and should be overturned by the supreme court. well, i think my answer is the same because you know, that's a case that's litigated it. could you know, it's contours could come up again. in fact do come up. you know, they came up last term before the court. so i think you know what the casey's standard is and that's just it's a contentious issue, which is i know one reason why it would be comforting to you to have an answer, but i can't express views on cases or pre-commit to approaching a case any particular way. well, that makes it difficult for me. and i think for o

radcliffe, mnuchin, scalia, pompeo, stayed until the end of the administration. so, would testimony critical of the former president be damaging for donald trump? >> well, of course. i mean, these people were loyal to him. they executed his agenda. they, like millions upon millions of republicans, voted for him twice and helped him win his race in 2016 and wanted to see him win again in 2020. that's the same, victor, about thing the group you just identified. they ultimately are going to be representative of millions of republicans who were in the same boat, voted for trump, wanted him to succeed, and realized after the election on january 6th that he was in the wrong about this. doesn't mean -- it doesn't invalidate your work in the cabinet. doesn't invalidate your support of your party. but it certainly invalidates what trump did on that day and may affect your political judgment of whether he should be awarded with nomination for the political party in twour. i think about what it means for the rank and file republicans out here who did their level best for tr

justice scalia was confirmed to think 98-0 and justice ginsburg 96-3 and that doesn't happen now. the question is are we in a better place because of that change and i don't think we are. i think it's telling in a good way that justice jackson was a voted 100-0 and justice barrett is at highly qualified judge ina deep patriot who should be on the supreme court because the president nominated him. it's very limited in most circumstances. i would like to return to regular order on judicial nominations and depoliticize them. right now unfortunately too much of the senate confirmation process is grandstanding for senators who have their own agendas and i think it's unfortunate and i think it has cost the supreme court a great deal. >> judge griffith one more question for you because we are looking ahead to the next term of the court. the court has agreed to hear case that could fundamentally change american democracy and that's not to put in too big a terms with the north carolina supreme court with -- there's the argument that the petitioners make and that this state court should hav

tom scalia runs the world renowned center. how frustrating is it to see gunshot victims over and over and over again? >> this is completely unnecessary injury in a civilized society, it doesn't have to happen >> reporter: just after midnight -- we've just gotten word a gunshot victim is about to be brought here the medical teams are gathering around this trauma bay the beeping we're hearing, what is it? >> it's an alarm on the monitor going off because there is no heart beat >> reporter: it is agonizing as the seconds tick by. it's been about 20 minutes and there are still about two dozen medical professionals hovering over the trauma bay trying to keep that patient hanging on you can almost sense some of them are holding their breath a chaplain looks on. the beeping does not end. a life does. this didn't have to happen. >> that is correct this did not have to happen but it sure as hell did, didn't it >> reporter: does this ever get any easier? >> no it doesn't get easier it gets worse. this is just freaking nuts this is one n

from the local police but she hasn't heard anything from the team investigating the murder the we scalia. wellness does in little do you think an aim, lynn? if can i get in on that either called bubbly. gone though. is where we began you the state has a firm aside unit, but it's got little funding. the police response here seems totally inadequate. was your loaning, could kill if all of this hit against them was in mexico. challenge, paulina and don says nice. possibly give that up and i said, input then see what gay in mr. by is see 9, you know, not m women less causes the causes cultural, but also are impunity. ingrid sir escobar is the minister for women in mexico city . fermi side is a crime that we have in to the sig, a secret, or if he was on the thought process bubbles that our handle of that got. damn the income, be a little cheap. i'll happily, sir, i will 90 to soon dan berkeley, gal, dan masculine duncan was lab only see at ambien quest that was that, that our hope donna is home from the hospital tending to her wounds and in the care of her family. my family is my entire work

i love the bill of rights but justice scalia taught us that the real key is the separation ofpowers . that sounds so academic, so it. but that's where the real power of the constitution resides. who decides. that's the key question. who decides. who decides in our country which laws are made? who decides who are rulers are and the calculation the framers made, they could have chosen lots of different models. they could have chosen a king . they could have chosen a religious leader. they could have done what plato said and let's take the smart people. but they didn't. they chose a different model and the model they chose was that we the people decide. and you all are the people at least i know in my life are the greatest champions of allowing we the people to decide and that is the bedrock of what this american experiment is about. anyone who attacks the work that you are doing, anyone who sows distrust in our election system that's baseless is doing great damage to our country. we all know jonathan height the social psychiatrist was taught us so much about why we think the way we do.