justice sotomayor? justice sotomayor: general, going back to justice breyer's question, assuming just for the sake of argument that there's no injunctive power in the court below the way you're arguing, how would we ever reach the 55 -- how would we ever reach the question that justice breyer raised, which is the district court being wrong on its assumption that this "may" is a "shall"? how do we reach that question if the injunction was erroneously issued? general prelogar: we think that question would be appropriately reached in the case of an individual non-citizen. and there is, of course, jurisdiction preserved to reserve those kinds of claims in those types of cases. this was congress channeling the review to those cases in order to -- justice sotomayor: so you would say under an -- we should just say an injunction of any kind is improper? general prelogar: yes. we think that that is the correct interpretation of 1252(f)(1). justice sotomayor: would we need to reach the declaratory judgment issue

to justice sotomayor. it is good to see you again.lerked there for justice sonia sotomayor. what did you make of her descends this term, in the kennedy pair case to? she had some payment pretty ominous warnings about the future of the court. >> justice sonia sotomayor has been in the minority court for much of her career such a was appointed in 2009, and rather than wallowing in the fact that she is a minority, she's uses her voice as a dissenter to really show the people what the impact of the court's decision will be for ordinary people and for the rule of law itself. so this term was no different on that front. it was a more extreme term, certainly from the court, the court pushing to really lead far conservative ends, and she was right there, alerting the people that, you, know if they want to change things, it's not going to be a change that comes from within the court, with its 6 to 3 conservative super majority, it's gonna come from the people itself. these dissents are not for their her colleagues, they are for the world outsi

justice sotomayor: ms. brinkmann, as i read (d)(1) and as -- just going to what justice roberts asked you, a state could, in its judgment, exempt a particular power plant from regulation, correct? brinkmann: the statute explicitly says in (d)(1) that they can take into account the remaining useful life, and that's why this kind of emissions trading in the credits is so important because it's not just -- justice sotomayor: but they don't have to do that. they could do an exemption for that source. ms. brinkmann: yes. that's correct, your honor. justice sotomayor: because the credit could be too expensive, that it could kill the plant now rather than in two years, and so a state could decide that, correct? ms. brinkmann: and -- yes. and that's what such a huge problem is with the petitioner'' argument suggesting that our flexibility and ability to comply with the state plans also would somehow be cabined by this. and the statutory text cannot support that. the framework cannot support that. justice sotomayor:

justice breyer descendants, joined by kagan and sotomayor. they say, this is not a review of how the free exercise clause and establishment clause work together. they would say this recurrent theme in a lot of these recent cases, that there is more of a since the establishment clause gives government more leeway to exclude funding of religious schools, even if there establishment clause does not compel that result. they would say, go back to the -- kennedy versus bremerton is another 6-3. the debate between the majority in the dissent, what does this case even involve? the majority says this case is about one thing only, whether coach kennedy can lead private prayer on his own on the football field after a game. it is at a time when he could otherwise check his email or do other stuff. justice sotomayor says that is not what this case is about. this case is about a coach encouraging others to pray with him. from those wildly different factual premises come very different views on the ensuing results on how much leeway a school should have in

justice sotomayor says that is not the case is about.it is about getting students and others to pray with him on the field. it's wildly different factual premises with different views of the ensuing result of how much leeway schools should have in terms of disciplining the coach or different kinds of what happened here. the justices majority said the free exercise clause and speech clause when he's on the field privately in prayer and at the time he could be doing otherr personal things. the government cannot use a non-neutral policy and say it's fine for you to check your e-mail but not for you to silently pray. and that is sort of what they explained for the record and in thee majority as he was doing. and the district court counters by saying the establishment clause,es we don't have in establishment clause violation. we are kind of comfortable with whether a coach praying is going to give -- and they say you can't invoked the establishment clause after some claim based in the traditions that it would prohibit the relevant practice. t

but it was justice sotomayor who from the bench made the comment on questioning whether the justicesselves will survive this stench of the political tone that comes with decisions and actions such as what we have in abortion. but she and justice barrett made a point in their joint appearance that despite what they say from the bench or despite what they say in opinions that they try to get along and a point that they do make is that they are the only justices, the only ones who know what they're going through. so despite their differences, and i have to say on the law justices sotomayor and barrett disagree lots of times on the law but that they try to look for the positive in each other as human beings and that's what they were demonstrating in that joint appearance, fredricka. >> all right. fascinating. thanks so much. >> thank you. >>> the principal of robb elementary school in uvalde, texas has been allowed to return to work after a brief suspension. mandy gutierrez was criticized for her handling of school security prior to the shooting that left 19 children and two teachers dea

but let's be honest here in front of the cameras, justice sonia sotomayor, she is talking about civility you read what she says in her opinions and what she says from the bench, you can tell she is worried about this court. there are tensions on the court. for instance, during oral arguments in that abortion case back in december, she basically said, look, the only reason we are looking at roe v. wade again is solely because of the change of the composition of this court suggesting it was political, and she said how are we going to get rid of that stench? another time she called the conservatives restless conser conservatives. so to be clear, they believe in civility. they talk about civility, but this court right now, these are very tense times. you can say all that she wants about civility, but that doesn't hide what's going on, and other justices too, conservatives, they're worried about the court. for instance clarence thomas was very worried about the leak of that draft opinion. we saw chief justice john roberts in ha abthat abortion c he felt like his conservative colleagues had go

justice sotomayor? >> i just wanted to get your quick sense of how your intermediate positions would work, if basically the viability line was discarded and undue burden became the standard overall, a standard that according to you is an unclear one, what that would leave the court with going forward? you know, i'm just sort of thinking about the great variety of regulations that states could pass, so whether one is 1255 weeks, one is 12 weeks, one is 9 weeks, variation across a wide variety of other dimensions, what would that look like coming to the court? how would we -- how do you think we would be able to deal with that or how would you counsel us to deal with that if the court were to go down that road? >> well, i think -- this is not to push back against it and i will answer your question, part of why we counselled to overrule full scale that's the only way to get rid of a number of problems your honor is alluding to, when you have the undue burden standard, it's a very hard standard to apply, it

joining me are jeh johnson, alli vitali matthew cognetti and marianna sotomayor of the washington post welcome to sunday. it's "meet the press." >> announcer: from nbc news in washington, the longest running show in television history this is "meet the press" with chuck todd >>> good sunday morning. i hope weekend even as the countrveary of our independence, the lines that separate us seem to be growing bolder and brighter by the day abortion rights advocates versus abortion opponents americans eager to limit the availability of guns versus second amendment enthusiasts climate change versus drill, baby, drill. blue versus red. left versus right. no person disunifies our wounds than donald trump. on tuesday in the unscheduled fifth hearing of the january 6th committee we heard shocking testimony that has been compared to watergate's john dean former white house aide cassidy hutchinson described nothing less than a vai owe lent coup attempt urged on by a president who was more active participant than passive observer. cassidy testified that mr. trump knew the mob was armed, wanted to go

serÁ la primera mujer negra en servir como juez y se unirÁ a otras tres mujeres, las juezas sofÍa sotomayortribunal de nueve miembros. >>> biden la nombrÓ en febrero un mes despuÉs de que bryan anunciara que se retirarÍa al final del termino de la corte, el senado confirmÓ la nominaciÓn con una dotaciÓn de 53, 47 en su mayorÍa de lÍnea partidista aunque incluyÓ el apoyo de tres republicanos, el ingresado jackson no modifica la conformaciÓn de tribunal hay tres jueces conservadores y tres liberales, podrÁ comenzar a trabajar inmediato pero el tribunal habrÁ terminado la mayor parte de su gestiÓn hasta el otoÑo. >>> de manera que tendrÁ tiempo del instalarse y familiarzarse con dos docenas de casos que el tribunal acordÓ escuchar y ademÁs de apelaciones que surgirÁn en este verano. >>> una tragedia enluta a la comunidad inmigrante una persecuciÓn cobra la vida de cuatro personas, ocurriÓ todo esta maÑana sobre la carretera 35, es mariza rodrÍguez con la informaciÓn desde texas. >>> la persecuciÓn de acuerdo a autoridades del departamento de seguridad pÚblica fue iniciada por agentes de las pa

and that was justice sonia sotomayor responding to questions about roe v wade during her 2009 confirmation hearing in the senate a reminder that all confirmation hearings in their entirety are available to watch online at c-span.org. clarence thomas is the longest serving justice on the court today nominated by president george h. w bush justice thomas began serving in 1991 his nomination process of course was one of the most contentious and closely followed in history the issue of abortion and the law came up. here's justice thomas. and i think we all feel strongly in this country about the our privacy i do. i believe the constitution protects the right to privacy. and i have no reason or agenda to prejudge the issue. or that predisposed to rule one where the other on the issue of abortion which is a difficult issue. i'm not asking you to prejudge it. just as you can respond. and i will get into some of the questions to which you responded yesterday both from senators thurman catch and biden about matters. that might come before the court. certainly can express an opinion as to whether or

que impiden que la administraciÓn biden estableces medida para quienes llegan aquÍ, las magistrada sotomayoraciÓn, este fue el primer voto de jackson en un caso de la corte suprema. hay una alerta de salud es en nueva york pues en el condado de (nombre en inglÉs) se detectÓ un caso de poliomelitis el paciente es una persona adulta que se presentÓ en el mÉdico con debilidad y parÁlisis fue infectado por alguien que cibiÓ la vacuna oral por la polio que no se admistra en estados unidos desde el aÑo 2000. el congresista (nombre en inglÉs) candidato republicano a gobernador de nueva york fue atacado en medio de una discurso de su campaÑa el agresor subiÓ al estado y tratÓ de intimidarlo, karla amezola nos cuenta quÉ ocurriÓ hola karla adelante? >>> feli buenas tardes figuras polÍticas condenan el ataque al congresista ocurrido ayer en un meating de campaÑa en un pueblo a las afueras de wenchester. (nombre en inglÉs) fue interrumpido por un hombre que tenÍa un objeto corto punzante y querÍa apuÑalar al candidato. en el video se escucha al hombre diciendo okey terminaste antes que el candidato tom

justice sonia sotomayor calls the conservative majority restless, all three liberals said the court overturned roe at practically the first moment possible. conservatives welcome the change. >> it is a court that is very much committed not to conservative political outcomes but certainly to conservative approach to reading the constitution and the law. >> reporter: as ketanji brown jackson takes her place, the court faces more contentious questions next term. should it end affirmative action in college admissions do businesses have religious freedom to refuse to serve same sex weddings should legislatures, not courts, get the last word in election disputes the court may be moving faster than chief justice john roberts would prefer, but he and brett kavanaugh are at center in the majority in 95% of the decisions. tom? >> pete williams for us tonight, thank you. >>> when we come back, a broadcasting legend signs off. the music of his life next >>> finally tonight, he is a living catalog of jazz, inspiring voice of jazz radio who has signed off his famous show for the last time. ♪ >> good to be h

jackson adjoining justice sonia sotomayor, elena kagan, amy coney barrett.kson had been in kind of a judicial limbo before being sworn in, remaining a judge on the federal appeals court in washington, d.c., but not hearing any cases she had been appointed to that appeals court by president obama after being sworn in today. jackson was joined by her family. are cited to required oaths today, one administered by justice breyer, the other by chief justice john roberts. and today we talked to a law professor from santa clara university on the significance of jackson's appointment, both as the first black woman and the first public defender to be a justice. >> the symbolic significance is enormous. and but that's not all. there's also a very practical effect. i think that will happen in her ability to communicate with others on the court in a cordial and respectful fashion and that she will try to build bridges if she can. she is also already making a huge difference to young girls to girls of color. 2 black women in the judiciary, black women in the legal profes

the three justices were some of my more -- sotomayor, kagan and breyer? guest: yes. host: did everyone fall in line with the decision that was written or were there exceptions? guest: their work and lockstep -- they were in lockstep. when justice seemed animated to use it more than the rest of the majority was willing to use it with the exception of justice alito but there is certainly an appetite for exploring agency actions. host: this is still in texas. -- joel in texas. caller: i am a lower viewer since 1979 and i appreciate c-span. we get this comment referring -- refrained that the last three nominees of the supreme court indicated that they would not return roe v. wade. they did not say that. when justice said to pretend what willing she would make was beyond the pale. they said they had a regard for stories -- to a person, said, i will not tell you how i am going to vote on any different case. unless the other people would keep that in mind. they did not say it at all and obviously -- guest: the most part, supreme -- i think it is important to recognize that

first time 4 women will serve together on the nine-member court jackson joining justices, sonia sotomayora kagan and amy coney barrett. jackson had been a sort of judicial limbo sense remaining a judge on the federal appeals court in washington, d.c., but not hearing any cases. biden elevated her to that court from the justice district judgeship, i should say to which she was appointed by president obama and after being sworn in, jackson was joined by her family. earlier today we met margaret russell, a law professor at santa clara university, and she spoke on the symbolic move as the u.s. just had its first black woman and the first public defender to be a justice. >> the symbolic significance is enormous. and but that's not all. there's also a very practical effect. i think that will happen in her ability to communicate with others on the court in a cordial and respectful fashion and that she will try to build bridges if she can. she is also already making a huge difference to young girls to girls of color. 2 black women in the judiciary, black women in the legal profession who really s

i think it was justice sotomayor who called them a new and restless court.eter striking to me because theyo to the legitimacy of the court itself the court never wants to be seen as changing law because someone new has come on the bench. >> there has been much said about the activities of the wife of one of the justices. do you think that has had an impact on the courts image? >> i think it deftly has. the alleged failure of justice thomas to recuse from a case involving that committee, he was the only one who dissented from that case. he did not work crews -- recuse. the fact that his wife was involved in attempts to change the results of the election. that paints such a portrait for the court. it is hard to shake. >> along those same lines, someone who has been very concerned about the representation of the court is justice roberts. i imagine that has been a very difficult for him. a couple of terms ago he was very much in control. he was in the middle. he was still able to cobble together majorities with the justices to his right and left. but now that th

. >>> our security jeh johnson and sotomayor with "the washington post."atthew, let me start with you, is this the one? is this week the one >> no. >> there is been so much smoke from these smoking guns over six years that it clouds your eyes there is questions about the testimonies of hutchinson. it is still a long way from her testimony to getting merrick garland to file charges against the former president of the united states. while i think this is a reminder to the country of donald trump's impeachable action after the election of 2020 >> anything changing for trump >> there is so much space between those things when you see people like the washington kexaminers coming out he should not be president republicans were always comfortable saying privately on texts than on television that this is a bad thing. the thing indi dispute here is grabbing a steering wheel. he wanted to go to the capitol to lead the rioters. >> have you heard from republicans uietly, all right, i am out from that end >> oh no, i was texting a couple of aides who are still very clo

because, for all of their prodigious talents, she, justice sotomayor, and in kagan, cannot do it alone do hopeful that president biden, and democratic members of congress -- that simple yet inescapable fact. psst. girl. you can do better. ok. wow. i'm right here. and you can do better, too. at least with your big name wireless carrier. with xfinity mobile, you can get unlimited for $30 per month on the nation's most reliable 5g network. they can even save you hundreds a year on your wireless bill, over t-mobile, at&t and verizon. wow. i can do better. yes, you can. i can do better, too. break free from the big three and switch to xfinity mobile. we've been streaming all day from every room. the power and speed of this super-sonic wifi from xfinity is incredible. mom! mass speeds was my idea, remember? get minion net, with speeds of up to one minion bite per hour. [ low screaming ] but that was an epic fail. with xfi we can stream, share, swipe, like... impress your mom with super-sonic wifi. it's unbeatable internet for a more unbeatable gru. i mean, you. thursday night. msnbc prime st

and then he basically presented a pretty phony picture of the facts, justice sotomayor in her dissent showed a picture of the pressure on the football players. >> he was not alone at the 50 yard line, as was widely believed when you look at the image. where do you think this may lead us? i mean you touched on this in the concurrence that was issued in the roe case that ultimately overturned roe v. wade and the dobbs case i should note and when you listen to people like ted cruz whoa say the supreme court made the wrong decision about same-sex marriage, where do you see this going next? >> well, i'm afraid it's not just ted cruz. but it was the justices themselves, several of them who said that they don't think oegergefeld, the same-sex case should be respected as precedent. justice thomas has attacked obergfeld and cases in texas involve same-sexing same-sex intimacy, i haven't heard him attack intimacy, but it is all part of the same fabric, when a certain kind of christian believer says you're not supposed to act in a certain way, the people who uphold that belief can get states on

. >> justice sotomayor? justice kagan? >> you started a thought and then you were taken off someplace else, so i wanted to allow you to finish the thought. what you said was that there was a reason why a sensitive place regime cannot serve as a replacement, and then you are not given an opportunity to say why, so why? >> essentially, because it would be very hard in the first instance and i think also not very acceptable to my adversaries in the second instance to specify in advance all the places that ought to be understood as sensitive. it sounds very convenient alternative but for example, we were talking about times square on new year's eve. when the theater district, when commerce is in full swing, times square is almost every night shoulder to shoulder people. you have a very big difficulty in specifying what all the places are that have the characteristics that make them sensitive. in principle, it has an attractive quality to it but in implementation, i think it would be unsuccessful. >> justice gorsuch? >> no furt

aparici: me sorprendiÓ que sotomayor votÓ en contra porque ella es la conciencia moral de la corte.estÁs en la primera lÍnea salvando gente. porque si bien no soy mÉdico, yo soy jefe del departamento de limpieza, del departamento de camilleros y nosotros damos servicios de primera lÍnea. >> nos sentimos cansado, pero no destruido, porque sabemos que tÚ estÁs con nosotros, seÑor. sandoval: desde el fallo de la corte suprema, las organizaciones pro inmigrantes del paÍs han comenzado a movilizarse. >> el propÓsito es empujar mÁs, hacerle conciencia mÁs al senado, al congreso. sandoval: para la activista evelyn hernÁndez en california, ya es hora de que se apruebe una legislaciÓn que regularice el estatus de aquellos con tps y que la casa blanca cumpla las promesas de campaÑa. hernÁndez: hay promesas que la vicepresidenta kamala harris hizo, hay promesas que el presidente biden hizo, que no se queden en el aire. sandoval: aunque, segÚn sÁnchez, esta larga batalla por lograr una residencia le ha enseÑado de que sus sueÑos dependen de Él. sÁnchez: y me he dado cuenta que tenemos que alzar

all of them with elena kagan, sonia sotomayor and breyer. >> this was a huge season in terms of rulings to be every season now? >> you know, anderson, i've been covering the court for 25 years. i knew intellectually this was going to happen, but to see it unfold this way is so extraordinary and the influence is so tremendous and the answer is yes as far as i can tell. it is going to be like this. and we've even seen the cases lining up for next year. getting rid of affirmative action all together. changing electoral law so state legislatures can do whatever the hell they want. all of this is teeing up for the conservatives to keep changing constitutional law. as they did this year. >> thank you. coming up, judges in two states putting a pause on abortion restrictions and more fallout from roe v. wade reversal. the growing fear that ivf could be the next target and doctor's work could be criminalized. that's next. - wooo. - wooo. wooooo!!!!! woohooooo!!!! w-o-o-o-o-o... yeah, feel the savings. priceline. every trip is a big deal. psoriatic arthritis, made my joints stiff, swollen, painfu

justices sonia sotomayor, elena kagan, and amy coney barrett now, for the first time in history, four women will serve together justice jackson has worked as a federal judge since 2013 the 51-year-old is taking the place of the supreme court justice for whom she unsonce clerked. stephen breyer officially retired today. he announced his plan to step down back in january the 83-year-old has served on the rye tort for nearly lee decade. >>> arrests today outside the supreme court during a pig protest of the roe v. wade overturn crowds shut down traffic, sitting in -- sitting and blocking an intersection police say they arrested more than 180 of them president biden spoke on roe during his final news conference at the nato summit today he said he will do everything in his power fight the supreme court ruling including changing the filibuster rules in the senate so that they can create legislation. >> i believe we have to codify roe v. wade in the law and the way to do that is to make sure that congress votes to do that and if the filibuster gets in the way, it is like voting rights, it sh

because, for all of their prodigious talents, she, justice sotomayor, and in kagan, cannot do it alonecratic members of congress -- that simple yet inescapable fact. simple yet inescapabl fact fact a monster was attacking but the team remained calm. because with miro, they could problem solve together, and find the answer that was right under their nose. or... his nose. new poligrip power hold and seal. clinically proven to give strongest hold plus seals out 5more fd e fear no food. new poligrip power hold and seal. ♪ ♪ fear no food. aleve x. its revolutionary rollerball design delivers fast, powerful, long-lasting pain relief. aleve it, and see what's possible. it's been less than a week since the supreme court took away the 50-year-old right to an abortion. the ramifications of that decision are now playing out state by state, hour by hour really across the country. with democrats trying to protect access to reproductive health, care and republicans trying to end it. take for example what's happening right now in georgia. the current governor was republican brian kemp. he signed a bi

with me to share their reporting and insights, the "associated press's" kim and sotomayor of the "washingtont" and former prosecutor. let's listen to an activist, the wife of sitting supreme court member clarence thomas. liz cheney says, subpoena? maybe. >> we certainly hope she will agree to come in voluntarily, but the committee is fully prepared to contemplate a subpoena if she does not. it's very important for us to speak with her, and as i said, i hope she will agree to do so voluntarily. i'm sure we will contemplate a subpoena if she won't. >> what is their timetable in the sense the committee is taking august to do behind-the-scenes work? they can issue a subpoena. i ask in the context of you have august, september, then we're getting close to an election. they can run through the end of the year, through january, even if republicans take control of the house. the question is, do they have a clear timetable? >> they know they have an end date, and it is whenever the speaker, kevin mccarthy, takes his republican majority, likely, potentially, maybe beginning of next year. but they are

the three liberals. 66.5% for kagan, 73.7% of the population for sotomayor, and 90% for breyer. we can say definitively that none of the five conservative justices who voted to overturn roe were approved by senators representing a majority of the u.s. population. now, some on the right will say, rather dismissively, who cares? that is not how the system is supposed to work. it supposed to represent states, not the public opinion or the popular vote. which is technically correct. and fine in theory. but, in reality, as these reactionaries on the court to lead a blowtorch to our basic rights, rollback decades of popular laws, policies, and precedents, do you really think that the american public weren't going to notice the lack of legitimacy or popular support? i am sorry to have to state the obvious, but democracy cannot survive if you have a rogue supreme court with no public backing. still ahead, celebrating the 4th of july as america enters a never-ending crisis over democracy and their basic rights. never-ending crisis over a monster was attacking but the team remained calm.

she was a law clerk for sonia sotomayor, before her nomination to the supreme court. justin wolfers, professor of economics at the university of michigan. alyssa, i want to start with, you help us understand this confusion. from our own nbc reporting, donald trump himself is not under criminal investigation, his actions leading up to january 6th are. can you explain a, difference what we need to know? >> i think they're trying to do right now is determine what exactly the kind of charges can be brought if any against the president, and that really depends on the nature of his conduct on that day, and whether his conduct and a state of mind during the period leading up to january 6th could lead and support criminal charges. there's a lot of different charges that could be brought, and all of it turns on his mental state. he's not necessarily under investigation, but all the elements around him and indeed his own conduct at the time are important to sort of drill, down and make sure that there is enough evidence to make sure all the potential elements of the crime that

. >> sonia sotomayor, elena kagan, amy coney barrett. jackson had been in a kind of judicial limbo before being sworn in. she remained a judge on the federal appeals court in washington, d.c., but not hearing any cases. she had been appointed to the appeals court by president obama after being sworn in today. she was joined by her family. she had to recite to required oaths one administered by justice prior the other by chief justice john roberts. and today we talked to a law professor from santa clara university on the significance of her appointment, both as the first black woman and to the first public defender to be a justice. >> the symbolic significance is enormous. and but that's not all. there's also a very practical effect. i think that will happen in her ability to communicate with others on the court in a cordial and respectful fashion and that she will try to build bridges if she can. she is also already making a huge difference to young girls to girls of color, to black women in the judiciary, black women in the legal profes

and then he basically presented a pretty phony picture of the facts, justice sotomayor, showed a picturef the pressure on the football players. >> yeah, he was not alone at the 50 yard line, as what was widely believed when you look at the image. where do you think this may lead us? you touched on this in the concurrence that was issued in the roe case, that ultimately overturned roe v. wade,, and the dog's case. the fear among others, this religious -- when you listen to people like ted cruz who say that the supreme court made the wrong decision about same-sex marriage. where do you see this going next? >> i'm afraid it's not just ted cruz, but it was the justices themselves, several of them, that said that -- same sex marriage, really deserves to be respected as president. i haven't heard justice thomas, who has attacked -- , and attacked cases like lawrence v texas involving same-sex intimacy, i haven't heard him attack this supreme court's decision about interracial marriage. but it's all part of the fabric that says that when a certain kind of christian belief says that you are not