number two, justice stephen breyer dissented again, short, sharp and to the point. it was less than two pages. it's pretty remarkable stuff, very straightforward, not particularly legalistic argument pep just puts it out there. justice breyer, quote, arkansas set out to execute eight people over the course of 11 days. why these eight? why now? the apparent reason has nothing to do with the crimes or are presence of absence of mitigating behavior or mental state. it has nothing to do with the need for speedy punishment. four of the men have been on death row for over 20 years. all have been housed in solitary confinement for at least ten years. apparently the reason the state decided to proceed with these eight executions is the use by date on the state's execution drug is about to expire. the justice continues, quote, in my view, that factor when considered as a determining factor separating those who live from those who die, that factor is close to random. he says, i have previously noted the ash arbitrariness with which executions are carried out in this country. i

when president clinton nominated stephen breyer, the senate confirmed him 87-9. i, like the vast majority of republicans, voted for both of them. we did so in full knowledge of the considerable ideological differences between these nominees and ourselves. ginsberg in particular had expressed notably extreme views. even advocating for the abolition of mother's day. a nominee for the supreme court abdicating for mother's day and yet confirmed 96-3. could we have borked these nominees? could we have tried to have filibustered them? sure. but we didn't. we resisted the calls for retribution and did our level best instead to halt the senate slide after the bork and thomas episodes. we respected the senate's tradition against filibustering supreme court nominees. now the tradition not to filibuster extended not just beyond the supreme court. when president clinton named two highly controversial nominees from california to the nienltsdz circuit, some -- ninth circuit, some on my side wanted to defeat their nominations with a filibuster. the republican leadership said, l

so stephen breyer dissents. but the way we're doing it, the actual decisions about whether these guys are going to live and die tonight, it's basically random now. it's arbitrary. and under the constitution, that is illegal. but justice breyer's opinion was a dissent. his side lost. the neil gorsuch side won, and arkaas went ahead with one of the four killings they wanted to accomplish this week. the death warrant to kill ledell lee expired at midnight central time, less than an hour before that warrant expired. the united states supreme court voted 5-4 to let them kill him. by 11:26 central time, it was announced to the people at the prison. 18 minutes later they started injecting lee. at 11:44. and by 11:56, they said he was dead. that's important, that timing there, just made it. the warrant that made it legal to kill him expired four minutes after they said he died. arkansas still wants to kill all the other prisoners that it can next week before the expiration date on one of their drugs makes the rest of th

the oldest justices on the court are ruth bader ginsburg, obviously a liberal, stephen breyer, he does not seem as old as he is come and anthony kennedy, who is a republican appointee, but has sided with religious issues, particularly on gay rights. if trump or able to replace one of those justices, he would have the opportunity to yield the court very hard to the right for an extremely long time, for generations. and this is something you saw on capitol hill, the debate within the democratic party over whether to sort of provoked the nuclear option this time or to preserve the filibuster, you know, hope to preserve the filibuster for the next battle. that one, if it happens during the trump administration, that will be a fight like we have never seen. host: you mentioned justice kennedy. because justice gorsuch clerked for justice kennedy at some point, is there a sense for your other people who follow the court closely as far as just as --dfish being able to pull justice courses being able to pull justice kennedy? guest: maybe. lot of what happens in oral arguments. justices will ask

justice stephen breyer's cell phone rang. everyone else laughed.is face was red with embarrassment. >> rings at the worst possible time. brian: was it a song or a funny sound. larry: oops! alison: i think we'd be reporting that. that would be news. brian: wow! love it. let's talk about the weather. not so great out there. you want more than a song. larry: i made brian -- brian: a gold star, larry. wowsers! you think we had a ton of rain out there. a tenth at dulles. where was the money and the pile of rain out there. over an inch in annapolis and then half an inch of rain. quarter to an inch of rain. not a heavy one but enough that was drizzly and damp all afternoon. 60 degrees in the city. it doesn't feel that great out we have a northwesterly wind at 12 miles per hour. with the breeze, it adds a chill. bone chill out there. it's 60 in culpeper and quantico. 59 in andrews. most of us in the 50's to 60's but there is just not a lot of movement in the temperatures. not until tomorrow or midday in afternoon when the clouds break a bit. it will take t

. >> the three being alluded to there are liberal justices ruth bader ginsburg and stephen breyer andhen the independent-thinking justice anthony kennedy who support justice gorsuch in after serving as his mentor. if president trump was to replace any of them with the reliably conservative justice, it could solidify the currently shaky majority, saying they think they will pick a nominee from the list candidate trump circulated during the campaign, a list that still has 20 well-known conservatives judges on it. less pressure for a moderate because as long as republicans control the senate, they benefit from that nuclear option used a few weeks ago and that they can confirm someone with just 51 votes and they still have got 52 on their side, bret. >> bret: a lot of talk about movement on health care. >> we know they have been using recess to try to find middle ground on a deal, but a freedom caucus spokesperson tells me it would get rid of insurance regulations while protecting people with pre-existing conditions. even though a senior g.o.p. aide cautions me there is still no text yet,

ruth debate or ginsburg the senate confirmed her 96-3. 96-3 did when president clinton nominated stephen breyer the senate confirmed him 87-9. o i like the vast majority of republicans voted for both of them. we did so in full knowledge of the considerable ideological differences between these nominations and ourselves. ginsburg in particular mr. president have expressed notably extreme views even advocating for the abolition of mother's day. a nominee for the supreme court advocating the abolition of mother's day and yet confirmedot three.o could we have tried to filibuster these nominees?t we sure, but we didn't. be retribution and did our levelale best to let that slide after the concepts of we respect the senate tradition against filibustering supreme court nominees.beyond now the tradition of the filibuster extended beyond the supreme court. when president clinton named two highly controversial nominees from california to the 9th circuit some on my side wanted to defeat their nominations with a filibuster. the republican leadership said let's don't do that too to their great credit majorit

she suggested if the next vacancy happens to be justice ruth bader ginsberg, anthony kennedy or stephen breyer, democrats will live to regret not having the filibuster. >> it's a bad -- a very sad day for the senate. because we have now destroyed 200 years of tradition of requiring 60 votes which meaning that you have to have bipartisan approach to these issues and these appointments. i think we're on a slippery slope. >> a slippery slope. other republicans were furious with chuck schumer. the senate chairman accused of treating judge gorsuch unfairly. >> throughout this process, the minority led by their leader has been desperately searching for a justification for their preplanned filibuster. over the course of the last couple months, they've trotted out one excuse after another. but nothing will stick. >> that leaves 30 hours of debate. all indications are that judge gorsuch will be confirmed by tomorrow evening. >> what are democrats saying today, mike? >> they're furious with mitch mcconnell. they're saying that mcconnell didn't treat neil gorsuch's predecessor, judge merrick garland, the

he clerked for judge stephen breyer. he is the recipient of yale's highest award for teaching excellence. he is the author of several books, including his latest, "the constitution today." he is also an honorary scholar trustee here. our moderator is carol berkin. she is a professor of history in new york. and esteemed historian, she has appeared in numerous documentaries, including the pbs special "alexander hamilton." she is author and editor of several books, including "a brilliant solution," in her forthcoming book "the republican peril." i would like to ask everyone, if you have a cell phone, please turn it off and please enjoy this program. have a great night and we will see you again. thank you so much. [applause] carol: welcome. both george washington and alexander hamilton are enjoying a new and favorable press these days. although washington has always been lauded as the first in the hearts of his countrymen and father of our country, his intellect and political skills have often seem to be eclipsed by the bril

stephen breyer asked how refusing to give the grant money ask any different from declining to give churchesire protection or including students in community wsh died vaccination programs. ruth bader ginsburg sided with the state saying the constitution's framers didn't want the money used to maintain church buildings or property. the state will no longer automatically turn down requests for money from churches. even so, the supreme court appears headed for a decision reducing the wall between church and state. >> after recent violent protests on and around their campus, the university of california berkeley has canceled an upcoming speech by conservative author ann coulter because of safety concerns. in a letter to the republican group that invited her, university officials said they were, quote, unable to find a safe and suitable venue for the april 27th speech and said it was not able to ensure the event could be held responsibly. ann coulter saying, they can't stop me. i'm an american. i have constitutional rights. violence flared back in february on the campus when milo man nop laos was

vice president al gore, tim russert, senator patrick leahy, and justices sonja sotomayor and stephen breyer to take part in this form which honors dr. bernstein's many contributions to our university community and to our understanding of the u.s. political system. today, we have the privilege of ginsburg,ruth ater associate justice of the supreme court of the united states. since her confirmation to the court nearly 25 years ago, she has brought a thoughtful, measured approach to her distinguished service on the bench, holding consensus and voicing eloquence in dissent. we are deeply honored to have her with us this afternoon to share her insights and reflections with our georgetown community. to introduce justice ginsburg, it is my pleasure to welcome chief judge rubber katzman of the u.s. court of appeals for the second circuit. judge katzmann was appointed to by federal bench in 1999 president clinton. and he began his service as inef judge, 14 years later 2013. judge katzmann is also an engaged member of our georgetown community, having taught as the walsh professor. the boardly serves

on most cases, is 80 years old, ruth bader ginsburg's 84, you know, the baby of the bunch is stephen breyerembers, one of these supreme court justices is going to probably retire soon, and it's, you know, it's a real gamble that in the next two years that republicans will still be in charge that they can, you know, that they'll have any influence whatsoever because republicans will be able to put up whoever they want, 51 votes and get them across. kelly: kevin, let me bring in jessica ehrlich now. jessica, as you look at this and the fact that the democrats are willing to try and filibuster this particular judge, judge neil gorsuch, what do you think this will do to the democrats, and what would your advice be to the democrats? >> well, right now we're seeing sort of a coalition that's coming together. obviously, we just saw senator mccaskill join those who decided that they cannot vote, you know, for judge gorsuch, and there's still a few holdouts of democrats. there are only two right now who have said that they will vote for his confirmation. there's three out there that are sort of in b

i would note just recently justice stephen breyer the vacancy is not impacting the ability of the court to do its job. senator tim kaine suggested that democrats would use the very nuclear option republicans are now considering to push through neil gorsuch to get president trump's pick merritt garland confirmed. >> these guys think they're going to stonewall the filling of that vacancy or other vacancies, i democratic majority will say, we're not going to let you thwart the law. we'll uphold the law so the court will be nine-member. >> so pryou're predicting he'll change the law. >> i'm predicting if the -- >> if they stonewall. >> then i think that will happen. >> we call that segment in their own words there. joining us now, reporter for politico and co-author of playbook, daniel lippman. it seems they will have to go nuclear to get neil gorsuch confirmed. talk to us about the ramifications of that. will this fundamentally change how the senate functions going forward. >> i think this may be all overplayed by both sides trying to create drama and justice their extreme measures in both

when president clinton nominated stephen breyer, the senate confirmed him 87-9. i, like the vast majority of republicans, voted for both of them. we did so in full knowledge of the considerable ideological differences between these nominees and ourselves. ginsberg in particular had expressed notably extreme views. even advocating for the abolition of mother's day. a nominee for the supreme court abdicating for mother's day and yet confirmed 96-3. could we have borked these nominees? could we have tried to have filibustered them? sure. but we didn't. we resisted the calls for retribution and did our level best instead to halt the senate slide after the bork and thomas episodes. we respected the senate's tradition against filibustering supreme court nominees. now the tradition not to filibuster extended not just beyond the supreme court. when president clinton named two highly controversial nominees from california to the nienltsdz circuit, some -- ninth circuit, some on my side wanted to defeat their nominations with a filibuster. the republican leadership said, l

before joining the law school, the professor clerked for judge first stephen breyer. he is the recipient of yale's highest award for teaching excellence. he continues to teach us every time he is on the stage. he is the author of several books, including his latest, "the constitution today." professor amar is also an honorary scholar trustee here at new york historical. our moderator is carol berkin. she is a professor of history in the root college and the graduate center new york. , an esteemed historian, she has appeared in numerous documentaries, including the pbs special "alexander hamilton." professor berkin is author and editor of several books, including "a brilliant solution," inventing the american revolution, and her forthcoming book "the republican peril." she will be with us again for that as well. before we begin i would like to , ask everyone, if you have a cell phone, please turn it off and to please enjoy this program. have a great night and we will see you again. thank you so much. [applause] carol berkin: welcome. both george washington and alexande

, known as a swing vote on the high court, and liberal george sisters ruth bader ginsburg and stephen breyerssley said if president trump gets to pick one of their replacements, the name would come from the same list published during the campaign by the trump team filled with conservative judges he said he would select a supreme court justice from. neil gorsuch was on that list and there are still 20 others on there including the two thought to be runners up for the seat vacated by scalia that judge gorsuch eventually got, thomas hardeman and judge william pryor. republicans senator orrin hatch recently guessed that the fight over the next open supreme court seat will be armageddon because president trump may not be filling a vacant seat left by a conservative like scalia with another conservative like judge gorsuch. he could have the chance to put a conservative in a spot presently filled by a liberal or independent thinker. >> the next vacancy is where we have the ability to get back and restore our basic constitutional protections. >> remember, the nuclear option was not just good for jud

the record holder was stephen breyer. 11 or 12 years, he was the junior justice where there was no changecourt. by tradition, whoever is the rookie, if anybody knocks on the door during the conference, the only people in the conference room are the judges themselves and by the way, that's where justice gorsuch got the first of the two swearing in today, the chief justice giving him the constitutional oath but it's the junior justice's job 0 answer the door. doesn't happen very often but it does happen some. of course, the junior justice is the last to say how he or she would vote on a case. they go around the table on seniority after they've heard argument and everybody gets a chance to speak. and the junior justice goes last. so that's a long-standing tradition here. >> we should also point out in the rose garden today, sitting in the front row with the justices not with the other spouses was maureen scalia and the widow, of course, of the late justice antonin scalia. he was someone so admired by justice gorsuch and by his fellow justices for whatever any political differences there were

years since a justice visited in of the tribes, and it happened to be sandra day o'connor and stephen breyer. and they had gone on a tour of some tribal courts. and that is been the only justice, or justices, who have ever interacted directly with native american tribes. and he said they feel like they are marginalized in our culture. and would be nice if a justice showed some interest in them. and so i said, okay, i'll go. as with anybody asks me to do something, i make them work, to. [laughing] >> it a really key to success in my -- [laughing] she invited me to the law school and look at everything she's had to do. [laughing] at any rate, he invited me to the pueblos. i went. actually he invited me to the tribes generally, but we decided on the pueblos because a lot of the tribes throughout american history have been relocated. and the pueblos are the only indigenous, or not the only, but most of the only indigenous populations in the united states. and they educated me. i got lots of books. i had conferences with them, and they started to explain more about their culture to me. it's like

gavesbg this courtesy to president clinton when he nominated ruth bader ginsburg and it to 93, stephen breyer1994 and president obama at his first-term nominees. sonia sotomayor and two dozen nine and elena kagan and 2010, all that up or down vote. and third, there has been -- never been a 60-vote requirement for any justice on the supreme court during the confirmation process in the u.s. senate. never. they go through the votes of the current supreme court justices. justice canady 97-0. justice ginsburg 96-3. justice breyer 87-9. chief justice roberts, 78-22. justice alito 58ce reporter: 42. justice sotomayor, 58-31. justice keg and 53-37. incidentally, just as clear who judge gorsuch would read replacing passed in the senate 98-to zero. note that two of the current numbers of the supreme court were confirmed by fewer than 60-vote. not online, there has never been a 60-vote requirement in the u.s. senate are a partisan filibuster of a supreme court nominee during the president's first term.nfirma never. here's another fact equally as valid into judge gorsuch confirmation.ny more than any oth

when president clinton nominated stephen breyer, i voted to confirm him. when president clinton nominated ruth bader ginsberg, i voted to confirm her. i thought it was the right thing to do. after all, he won the election. he was the president. the president gets to a point to nominate supreme court justices. when president obama nominated sonia sotomayor and elana kagan, i led my party to have an up-or-down. we were in the exact same circumstance as the democrats are today. no filibuster. no filibuster. we thought it was the right thing to do. it's not because we harbored illusions that we usually agree with these democratic presidents. certainly not. listen to this, madam president. we even protested when then-majority reid tried to file cloture on the kagan nomination. we talked him out of it. it wasn't necessary. jeff sessions, the current attorney general, talked harry reid out of filing cloture because it wasn't necessary. we didn't even want are the pretense of the possibility of a filibuster on the table. well, it's quite a different story from wha

justice stephen breyer himself. a reporter says he was red-faced as he tried quickly to shut it off. he apparently brought the phone to court by accident. several questions remain. what the ring tone is? we're not sure yet. >> it was weird. >> not the normal one. i know who is calling me. my kids. they won't even know i'm on television. i'm like, guys, i'm in the middle of something. >> no, they don't care. >> they'll call in the middle of the show or the court, make the blood pressure rise. >>> and we have something right here. major league baseball's newest odd couple. reports that retired yankees captain derek jeter and former florida governor jeb bush are teaming up to buy the miami marlins. jesse palmer has all the details. what's going on, jesse? >> reporter: jeter and jeb have one thing in common. a love of baseball. some might remember george w. bush was part owner of the texas rangers. but derek jeter has long talked about owning a team. derek jeter, the superstar short stop known for putting his body on th

republicans gave this courtesy to president clinton when he nominated ruth bader ginsberg in 1993 and stephen breyer in 1994 and president obama, with his first-term nominees, sonia sotomayor in 2009 and elana kagan in 2010. all got up-or-down vote. and, third, there has never been a 60-vote requirement for any justice on the supreme court during a confirmation process in the u.s. senate -- never. let me go through the votes of the current supreme court justices. justice kennedy, 97-0 ; justice thomas 52-48 ; justice ginsberg 94-3, justice breyer 87-9 ; chief justice -- justice alito 5 #-42, justice sotomayor 58 to 21, justice kagan, 63 to 27. note that two of the current members of the supreme court were confirmed by fewer than 60 votes. bottom line, there has never been a 60-vote requirement in the united states senate or a partisan filibuster of a supreme court nominee during a president's first term. never. and here's another fact equally as relevant to judge gorsuch's confirmation. more than any other president -- more than any other presidential election in recent memory, the one last year was

but one of the dissenters, justice stephen breyer, says the state's rush to use midazolam as a determination for who will be executed and who will not, is close to random. >> pete williams, thank you. >>> we're learning more about the gman who opened fire in to rock that city. richard engel is there. >> reporter: such a taraji to be back in this city talking about terrorism. authorities have identified the shooter. he spent multiple years in prison in this country for shooting at police officers in the past. they say he's from a intushsubu the east of paris, but was not on an official french terrorist list. this . clues. paris was hit by a terrorist attack, this time, on paris' most famous street, the champs-elysees. the shooter may not have acted alon >> shoot the police and kill one of t pe and one is inju >> investiga are focusing on this car last night tourists and locals we fleeing for their lives. >> we we ten feet from the shoo saw the shooter get out of e car. he had a gun. he started popping audiotape like this. >> the attacker using an assault rifl killed one police ofr and critica

they invent fake 60 vote standards but fact checkers call -- to paraphrase myated stephen breyer, i voted to confirm him. when president clinton nominated ruth bader ginsberg, i voted to confirm her. i thought it was the right thing to do. after all, he won the election. he was the president. the president gets to a point to nominate supreme court justices. when president obama nominated sonia sotomayor and elana kagan, i led my party to have an up-or-down. we were in the exact same circumstance as the democrats are today. no filibuster. no filibuster. we thought it was the right thing to do. it's not because we harbored illusions that we usually agree with these democratic presidents. certainly not. listen to this, madam president. we even protested when then-majority reid tried to file cloture on the kagan nomination. we talked him out of it. it wasn't necessary. jeff sessions, the current attorney general, talked harry reid out of filing cloture because it wasn't necessary. clt necessary. wasn't necessary. clt we didn't want the pretense of the possibility of a filibuster on the table.