the hearing comes as the left continues to pressure justice stephen breyer to retire even as the court he's not deciding on his future. here is richard blumenthal this week. >> justice breyer is very smart and strategic, one of the great justices of our modern era. i think he recognizes the political dangers of waiting to retire, i hope you will and it's his decision to make but i am very concerned about the potential for court coming even more radical conservative. paul: we are back with our panel, dan henninger, kim strassel and kyle peterson. kim, you wrote about the court, justice breyer this week, why is he staying on despite all of this liberal claimant that he retired? >> you might be saying because of all the liberal clamor, paul. the pressure has been huge but if you know anything about stephen breyer, one of his defining features, he's a real institutionalist and cares deeply for the legitimacy, he's complained in recent years about outsiders politicizing it so i think he be wary, even more to step down amid a huge pressure campaigns that made him look as though it was a part

and justice stephen breyer witnessed all that.on't -- he has not said a word about what his plan is. but every signal on scene -- and you know how i stay very close to that institution -- is that he's not going to go this weekend. he probably won't go this month. the pressure is going to get louder. so, he'll probably keep thinking about it through summer. but every indication is that he would stay another term. now, he knows that it would be a risk for the senate, especially after the november 2022 elections, probably. again, this is my speculation, that if he doesn't go now he would go next spring , announce next spring and leave at the end of next june. but so many democrats feel that's risky. and they also don't want mitch mcconnell to use the potential vacancy as the campaign issue, not for a presidential election cycle this time as he did in 2016, but for the midterm elections in 2022. >> quick final question. does the decision like yesterday's 6-3 voting rights case, the arizona case, crystallize this, put increased pressur

. >>> plus, just in, the world has been waiting to hear whether supreme court justice stephen breyerill retire and now a cnn reporter just got the first interview with him about those potential plans. stay right here. ♪ you bring your best. we'll block the threats. cyberprotection for every one. malwarebytes ♪ among my patients i often see them have teeth sensitivity as well as gum issues. does it worry me? absolutely. sensodyne sensitivity and gum gives us a dual action effect that really takes care of both our teeth sensitivity as well as our gum issues. there's no question it's something that i would recommend. is struggling to manage your type 2 diabetes knocking you out of your zone? lowering your a1c with once-weekly ozempic® can help you get back in it. oh, oh, oh, ozempic®! my zone... lowering my a1c, cv risk, and losing some weight... now, back to the game! ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® l

stephen breyer, the high court's most senior liberal just sitting down with cnn for a rare interview.e of the not so silent pressure campaign from many progressives who want breyer to retire so they don't lose the chance for a democratic president to fill breyer's seat. john bis coupic has this reporting. you sat down with breyer in rural new hampshire. what did he tell you about retirement? >> thank you, kate. there has been so much speculation about his plans because he is about to leave the bench and give joe biden the first opportunity to make a lifetime appointment to the supreme court. that question has been out there for a long time now and i went up to new hampshire and talked to him and i said, have you decided what you're going to do and he said no. he had not yet decided. i asked him what factors might be on his mind, as he considered whether to retire. and the first one was his health. he said my health is a priority. he's about to turn 83. he's a pretty youthful 82 right now. hasn't had any serious health conditions that we know of as had occurred with justice ginsburg wh

. >>> liberals are livid after stephen breyer told cnn he's undecided.is former clerk joins us live to respond. ♪ >>> good morning to our viewers here in the united states and around the world. it's friday, july 16th. and the delta variant is tearing across the country. this morning, we're tracking a number of significant pandemic developments. officials in los angeles county are reinstating their indoor mask mandate even for the vaccinated starting saturday after recording more than 1,000 new cases a day for the past week. last night's yankees/red sox game was postponed after six yankee players tested positive. the status of tonight's game unclear at this point. >>> tonight's team usa men's basketball exhibition game against australia, that has been cancelled. starting american guard bradley beal will miss the olympics due to covid, health and safety protocols. former e! news host and rich eisen announced they're battling covid despite both being vaccinated and cautioning that their condition could be a lot worse had they not received the vaccine. and n

mitch mcconnell blocking another supreme court pick if he happens to be majority leader when stephen breyernnell said it is highly unlikely he would let president biden fill a vacancy in 2024 if the gop flips the senate. should justice breyer retire and allow president biden to make the appointment while democrats control the senate? >> absolutely. some have said, well, he has a full other year he could serve on the court and still retire in time. but as you know, nicolle, the senate is a 50/50 senate. if one democratic senator falls ill and happens to be in a state with a republican governor, that majority could flip and mitch mcconnell could be the majority leader at any time. so we don't have the benefit of a guaranteed democratic senate majority all the way through 2022. so i think that stephen breyer has an opportunity to retire now, and, quite frankly, i think for him to stay on past the end of this term is reckless. but all appearances it seems that's what he is doing. he hired a full slate of clerks and as you mentioned at the top, the last day of the court's term was yesterday. he

. >> mike: juan, justin stephen breyer -- stephen breyer is up 82 years of age, does not appear to beists who call on him to retire? >> i just ask everyone to remember that ruth bader ginsburg was i think 87, thurgood marshall, 84. both replaced by republican nominees, conservatives on the court and now we have a 6-3 conservative majority. and so from the democrats' point of view, it's not about hurting justice breyer's feelings. justice breyer is a legend. he's had an amazing career on the court, but it's simply saying that, you know, right now you don't want the court to go to 7-2 conservative. you know, mitch mcconnell, the former senate majority leader, now the senate minority leader, says that what he has promised us that if the republicans regain the majority, he will not allow a biden nominee to a hearing. well, that's unbelievable. you know, he blocked merrick garland, and obama nominee, for nearly a year and now he is saying he's going to pursue the same strategy, so democrats are in a dither here. like justice breyer, realize the political, polarized reality of the moment. >

>> there's been so much speculation about what stephen breyer would do.the supreme court and i went up to see him and i said have you decided when you're going to retire, and he said no. he just still has not made that choice. i asked him what kind of factors would lead to it, and he said number one his health, and he's feeling really good right now. you mentioned he's going to be 83 next month. he's a pretty vigorous 83. he stays active and he jogs. he travels, and he said the second consideration would be the court, the integrity of the court, and here's a man who thinks of himself as a consensus-builder, and he's now in this new role that you mentioned, you know, the senior liberal. somebody who speaks sooner in their private meetings. he feels like he's got a chance to influence the court to bring about more ideological consensus as he did on the affordable care act case. he feels like he's a force for cooed right now, and i know that there are so many voices saying it's good you've been a voice for good but it's time to leave because we do not want t

on so many democrat's minds this morning, will the supreme court's most senior liberal justice stephen breyerire? cnn exclusive interview where he kind of answers that question. real progress? when you're affected by schizophrenia, you see it differently. it's in the small, everyday moments. and in the places, you'd never expect. a little sign of hope. the feeling of freedom. and once these little moments start adding up, that's when it feels like so much more. it feels like real progress. caplyta effectively treats adults with schizophrenia. and it's just one pill, once a day, with no titration. caplyta can cause serious side effects. elderly dementia patients have increased risk of death or stroke. call your doctor about fever, stiff muscles or confusion, which can mean a life-threatening reaction or uncontrollable muscle movements which may be permanent. dizziness upon standing, falls, and impaired judgment may occur. most common side effects include sleepiness and dry mouth. high cholesterol and weight gain may occur, as can high blood sugar which may be fatal. in clinical trials, weight,

and if justice stephen breyer or any of the other 08-something-year-old justices on the court are going to retire from the court, past precedent would suggest that tomorrow could be the day which we will get that announcement. in the vast majority of modern supreme court retirements, they are announced to either take effect at the end of a supreme court term or they are announced at the close of a supreme court term. so if you are planning on this being the summer in which we get a supreme court vacancy and a senate fight over who to put on the court, we will likely -- tomorrow is the day we will most likely learn that news. it all happens at once. joining us now is my friend, ron suskind who is a pulitzer prize-winning journalist and the author of many books about u.s. presidential administrations. three of his best selling books "the price of loyalty," "the one percent doctrine," and "the way of the world" all featured donald rumsfeld as a starring character. ron, it is really nice of you to be here tonight. thank you for joining us. >> good to be here. >> so i did not give any sort o

. >> reporter: now, on this last day of the supreme court's term, no word from justice stephen breyer who, of course, progressives have been pushes to retire so that president biden can nominate his replacement. but, you know, he is in really good health. he's active, and he plays such an important role on this court, i think at this point, a retirement, norah, could come as a surprise. >> o'donnell: all right, jan crawford at the supreme court, thank you. well, tonight, the political fight over the capitol insurrection has reached a new level with a surprise appointment by the house speaker and a reported threat from the house republican leader. cbs' allyn kilsheimer rertsom ty officers s january akerecr s comttee to probe the attack. >> the next step for us has always been to seek and to find the truth. >> reporter: a surprise pick to join democrats on the panel: republican liz cheney, who voted to impeach former president trump and was removed from party leadership earlier this year. >> i was shocked that she would accept something from speaker pelosi. it would seem to me, since i

that suggests justice stephen breyer will probably be around next term. lester >> pete williams at the supreme court for us, thank you. >>> speaker nancy pelosi has named some members of a house select committee to investigate the capitol riot among them, a lone republican garrett haake is at the capitol. garrett, this announcement is causing some controversy. >> reporter: tonight republican liz cheney is telling reporters she is honored to be one of speaker pelosi's eight picks to serve on a special select committee to investigate the january 6 attacks here at the capitol this despite a warning from republican leader kevin mccarthy that any republican who accepts such an assignment from the democratic speaker would be at risk of losing their other committee posts. cheney was one of ten republicans to vote in favor of donald trump's impeachment earlier this year, and one of just two to vote to create this committee. no word how or if mccarthy will respond. lester >> all right, garrett, thank you. >>> a huge explosion rocked a los angeles neighborhood over

announced their plans on or before the court's last decision day so that suggests that justice stephen breyer will be around next term. >>> let's go ahead and turn to the weather and what's ahead on this holiday weekend janessa webb is joining us now i hope there's some relief in sight, especially for the pacific northwest. >> yeah, if you're across the pacific northwest, if your coastal area is finally getting a break, i know tough conditions, the farther inland you go we still have alerts and they're going to stick around throughout next week billings today, 100 degrees across the rockies widespread heat, very unusual for this time of year, nearly 30 degrees above average. also launching more storms and rain that's going to be in the forecast from the mid-atlantic all the way to new york city, if you're traveling hitting the highways, definitely watching out for so minor fmeloe digits finally some breathable air for seattle today. high of 81opical storm elsa hasd some strength. we'll talk about that coming up. >> janessa, thank you. we'll see you soon >>> it was a beautiful day for a royal

lot of progressives talk again about expanding the supreme court and there's a possibility that stephen breyer, a liberal justice may retire. but democrats would like to after president trump had got three nominees to the supreme court confirmed would like an opportunity to reshape the court a little bit. being able to expand the number of justices is one opportunity to do that. i think the math for that in the senate at least is pretty daunting. i think it would be fairly hard to do. it is certainly something that liberal activists are talking about. it is something they might make a serious push to do. host: jim antal serves as the editor of politics.

many people eager to see if justice stephen breyer who is 82 years old may retire allowing president biden to nominate a new younger justice. my money is on you guys for that. carley: a double duo on the supreme court, we come in a pair of two. todd: i would not be good on the bench. todd: we will talk to the vice president of legal and judicial strategy at americans for prosperity, a huge win in the nation's highest court, don't miss that. to the border crisis border patrol finding 35 illegal migrants in a stash house in el paso, 7 of the undocumented mexicans, 19 were guatemalans, 7 ecuadorians, one nicaraguan, 100 and according to border patrol, they were sent back under title 42. this bus coming just days after the borders are finally visited the region, conservatives calling out the democrats for visiting believe chaotic stretch of the border. four minutes after the hour, 7 people hurt in a chicago shooting including the one-month-old baby. jillian: three men jumped out of the car and started shooting in several directions. ashley strohmeyer joins us with more as several city st

wade should be overturned and that leaves the three liberal justices led by justice stephen breyer who are going to work as best they can to limit the damage from their perspective to try to preserve as much of roe as possible. boris, kaitlan? >> thank you, ariane. as you noted there could be a decision by next june. those oral arguments are expected to happen either early fall or this winter. meanwhile, though, the cia inspector general is looking into cases of the so-called havana syndrome as the number of the reports of illness continues to rise. hundreds of u.s. diplomats, spies and troops around the globe have been sickened by this, some so severe that they ended up retiring. >> yeah, let's get to cnn reporter katie williams covering the story for us. good morning. what can you tell us about this cia ag investigation? what are they hoping to find. >> reporter: what the inspector general is looking into is how officers who have reported this strange constellation of symptoms and sensory experiences were handled or have been handled by the agency when they come forward. that's looki

look no further than composition stephen breyer in 199 . >> the case for judge breyer's confirmationr and compelling. >> now 82 years old, justice breyer has given no indication he is willing to step down. recently announcing he has not made up his mind. but it's not stopping democrats from worrying. >> he has to be concerned about the makeup. he makes his own decision about if he is going to retire. but he -- if he is going to retire, it should be sooner rather than later. >> the clock is ticking and with the 2022 midterms a year away, democrats know if republicans take control of the senate, president biden's dream of a justice on the court stays a dream. >> i think he recognizes the political dangers of waiting to retire. i hope he will. >> democrats do not want a repeat, bret, of what happened with ruth bader ginsburg who decided not to retire when president obama was in the oval office upon her passing last year. amy coney barrett became the latest supreme court justice solidifying a 6-3 conservative majority on the court. the supreme court commission will present its final find

before joining the faculty declared for judge thehe associe justice stephen breyer when he was judge on the u.s. court of appeals for the first circuit. akhil reed amar is also a regular visiting adjunct professor at columbia law school and the author of the recently released book "the words that made us: america's constitutional conversation, 1760-1840". join us as moderate this evening is richard brookhiser, senior fellow at the "national review" institute, a senior editor of the "national review," and author of numerous books including give me liberty, history of america's exceptional idea, and john marshall, the man who made the supreme court. he was historian curator for new york historical 2004 exhibition alexander hamilton, the man who made modern america. i was delighted to be able to work with himo back then. and in 2008, president george w. bush awarded him the national humanities medal in a white house ceremony. the nightsmo program last an hor and 15 minutes for questions and answers are two questions can be submitted via thehe q&a function on your zoom screen. in the int

the final day of preparations before billionaire stephen breyer launches to the edge of space. we'll have the latest on the countdown. >>> and the cat's meow. we'll take you to tokyo to show you the video display that is bringing crowds and questions about just how they pulled this off. wow. >>> first, we begin this morning with a look at today's "eye opener," your world in 90 seconds. >>> it's going to be getting even hotter. >> reporter: we are expecting sunshine and scorching hot conditions. >> reporter: we're still in the middle of a heat wave, and it could get hotter. >> reporter: much of the west including nearly all of california is under excessive hurricane warnings. >> we have the potential to beat or shatter over 100 record heat temperatures through the weekend. >> 104. that's hot. that's really hot. that's -- that's very hot. >> reporter: new confusion about how long current vaccines can protect. >> it appears to be a mixed message but is not. if you've been fully vaccinated, you do not need a booster shot. he u.s. wou take adutinnend any necessary action to defend a

stephen breyer has been in -- he's been facing increasingly impassioned calls to voluntarily retire.seat on the court. those calls coming from people who worry about a repeat of what's happened in 2016 when republicans blocked president obama from filling a vacancy. also, people worried about what happened when ruth bader ginsburg died while still sitting on the court at a time when republicans controlled the united states senate. that is how we got president trump's third supreme court justice nominee on the supreme court. in worst-case an area, if justice breyer should step down after the senate is retaken by the republicans, nobody believes that president biden will be allowed by the republicans to put his own nominee on the court. justice breyer has given no hints that he is going. from the outside, we can objectively observe that he has authored a few of the courts bigger decisions in the past few weeks. maybe that sort of a last hero, we don't know. history says if he's gonna go and make that announcement, it will be soon. ten of the past 11 justices to retire from the court ei

>> trey: 80-year-old democrat elected officials think 80-year-old supreme court justice stephen breyerup size republican enjoys nose from speaker pelosi. >> bret: nice way to end. we will follow that committee hearing starts tomorrow for the january 6th committee. thanks for inviting us into your home tonight that's it for this "special report," fair, balanced and still unafraid. "fox news primetime" hosted this week by tammy bruce starts right now. hey, tammy. >> tammy: hey, bret. thank you very much, sir and good evening and welcome to "fox news primetime." ♪ ♪ >> tammy: i'm tammy bruce. and tonight we put the biden agenda on trial and indict it for its far left failures, it's never ending stream of inkey heernt unintelligible rambling and disconnect from reality. as it turns out when a dumpster is on fire for six months and burns brighter than ever and smells pretty bad, too. in other words, it can't be ignored. the american people are taking notice more than ever before. because, with no center of gravity in the white house, no strong leadership and frankly mounting questions about

seventy-five-dollar credit when you post your first job at indeed.com/promo >>> pressure is mounting on justice stephen breyerchar. >> it was very clear he had two reasons, one was his health and two the court. you have to be concerned about the makeup and how you get a justice on the court with all of the manipulation that mitch mcconnell has engage in. so that would lead me to say sooner rather than later. he makes his own decision if he's going to retire, but if he's going to retire, it should be sooner rather than later if you are concerned about the court. >> cnn's joan biskupic is with us now. this is kind of a change, is it? what do you think? >> senators have been going back, especially members of the senate judiciary committee that senator klobuchar is on, because law professors, liberal advocates have been writing col columns, taking out ads saying would you please retire, please? and so members of the senate and congress have held back a little bit, most of them certainly. but what she did was took these comments that justice breyer had said about what factors he was weighing. he told me he was wei

justice stephen breyer is 82. he is one of the three so-called more-liberal justices.ou think it would be better for your interests, if breyer retired now, so that biden could put a nominee up and get it through a democratic-controlled senate while he has one? >> well, justice breyer is going to have to make that determination. i don't know him. i don't have any influence over him but he's going to have to make that determination whether or not it's time to hang it up. and -- and -- and allow somebody else to step in. but if he doesn't decide to retire, i'm sure that president biden is ready and willing and able to put somebody on the court. and he has said that one of the first appointments that he will make will be an african-american woman. and -- and that will be an historic moment for -- for this country. >> i know it's his decision to make. but it sounds like you'd like him to make that decision. >> well, again, if he makes it, we'll move forward with it. if he doesn't, we'll -- we'll move forward with what we got. but it's -- control what you can control. we are

one of the changes democrats want to see, a retirement from liberal justice stephen breyer.p down and give president biden a chance to put somebody on the court. president trump put three on the court. many people are publicly split. >> i have no comment and the decision that justice breyer makes about his future that is up to him. i have no comment about justice breyer. >> when you look at the court, he has to be concerned about the makeup. he makes his own decision if he will retire. if he's going to retire, it should be sooner rather than later. >> martha, this is what democrats are saying publicly. justices on the supreme court typically retire at the end of the term, sometimes at the end of june. that was not the case this year. after all, they're supreme court justices. they can retire when they want to. justice breyer says he's not made up his mind. doesn't look like it's any time soon but could happen any time. martha? >> interesting. david spunt, thanks. joining me now, clerk to neil gorsuch and president of the article 3 project. joins me now. we know justice breye

term, traditional day to watch for retirement announcements, everybody has been watching justice stephen breyer think justice breyer is well aware of all the debate that is going on and the political considerations that are being talked about, and i just say it is totally up to justice breyer and he will make the decision when he feels he is ready to. john: wise words from marshall -- marcia coyle and tammy patrick. >> thanks, john. ♪ vanessa: i'm vanessa ruiz at newshour west, in for stephanie sy. we'll return to judy woodruff and the full show after the latest headlines. an indictment in new york charged the trump organization and its finance chief with what prosecutors called sweeping and audacious tax fraud. they quickly pleaded not guilty to paying executives with off-the-books benefits. former president trump himself was not charged. we'll get details after the news summary. attorney general merrick garland has ordered a moratorium on federal executions while the justice department reviews death penalty procedures. in the memo, garland said he had concerns about the death penalty, includi

of course, everyone's been watching justice stephen breyer. what are your thoughts? >> i think justice breyer is well aware of all of the debate that's going on and the political considerations that are being talked about, and i just say it's totally up to justice breyer, and he will make the decision when he feels he's ready to. >> reporter: wise words from marcia coyle, the "national law journal," also tammy patrick of the democracy fund. >> thanks, john. >> woodruff: in the day's other news, an indictment in new york charged the trump organization and its longtime finance chief with what prosecutors called "sweeping and audacious" tax fraud. in turn, they quickly pleaded not guilty to paying executives with off-the-books benefits. former president trump himself was t charged. we'll get details, after the news summary. rescue crews in surfside, florida suspended work at a collapsed condominium tower early today over fears the remaining structure might cave in. officials cited growing cracks and movement in a large column. the decision came as president biden arrive

after graduating from harvard professor driver clerked for judge merrick garland, justice stephen breyer and justice o'connor, sandra o'connor. and i don't know where this ranks in the list of professor driver's accomplishments, but professor driver or as i used to know him justin was also a student of mine. and i can tell you from those long ago years that he is super smart and super thoughtful with a very keen eye for fascinating legal and historical subjects. so you are in as i'm in for a real treat. justin driver. [ applause ] >> okay. so i've been introduced by a lot of people over the years but i have to confess it is an odd sensation to be introduced by a supreme court justice. perhaps one of the few things more odd still is being in the audience when a mighty supreme court justice introduces a lowly law professor. it must feel a little like you are at a really fancy restaurant where the main course arrives before the appetizer. the sort of proper standard of affairs has been woefully inverted. that it's justice elena kagan who did the introducing tonight makes this occasion all t

will supreme court justice stephen breyer return before the midterms. will he stay on the bench? what does that mean for the bench? >> joan sat down exclusively with just breyer and she joins us now. people don't know, they should, how rare it is to get a supreme court justice to talk to you, let alone breyer, when he's all anyone is talking about. and the question, the key question is, is he going to retire, so what did you get? >> not any time soon, poppy and jim. when i spoke with him yesterday up in new hampshire where he has a family cabin, i asked him directly, have you made a decision on retirement, because as you know there is so much wild speculation about what will he do. will he step down and give president biden the first lifetime appointment to the supreme court. and when i asked him whether he decided and he said flatly no. i asked him what he's considering, what would be the overriding priorities as he weighed this and he said first his health. he's thinking about his health. now he's going to be 83 next month. he's a pretty vigorous 82-year-old right now. he hasn'

justice stephen breyer decided to stick around for one more term. of course, there were opinions. in short, we have a lot to talk about. we have a terrific panel to do just that. i am joined by two outstanding scholars, josh blackman joining us for truly, and we are grateful to have with us two veterans of this program, award-winning scribes. we have a lot to uncover, therefore i am going to give each of them a brief introduction, way shorter than they deserve. first, josh blackman, josh is an associate professor of law at south texas college of law in houston. he specializes in constitutional law, the supreme court, and the intersection of law and technology. after graduating from george mason law school, he clicked for kim gibson in the western district of pennsylvania, and then danny boggs. in addition to being a regular contributor, he is an adjunct scholar at the cato institute and founder of the harlan institute. he is the author of three books, an introduction to constitutional law, and two books about obamacare. you will have to tell us where -- whether there is a third bo

justice stephen breyer decided to stick around for one more term. of course, there were opinions. in short, we have a lot to talk about. we have a terrific panel to do just that. i am joined by two outstanding scholars, josh blackman joining us for truly, and we are grateful to have with us two veterans of this program, award-winning scribes. we have a lot to uncover, therefore i am going to give each of them a brief introduction, way shorter than they deserve. first, josh blackman, josh is an associate professor of law at south texas college of law in houston. he specializes in constitutional law, the supreme court, and the intersection of law and technology. after graduating from george mason law school, he clicked for kim gibson in the western district of pennsylvania, and then danny boggs. in addition to being a regular contributor, he is an adjunct scholar at the cato institute and founder of the harlan institute. he is the author of three books, an introduction to constitutional law, and two books about obamacare. you will have to tell us where -- whether there is a third bo

hopefully this is the precursor to the announcement we're hoping stephen breyer is making here. and if that happens, everything he said last night is fine with me. >> i would just add to that, you know, a few things. i think justice breyer has to wake up every day and go to work at the court, and if he believed there was no chance of getting colleagues votes, it would be hard for him to go to work. if that's what he needs to tell himself, that's fine. if it's true that the public believes the current court is apolitical and represents everyone's interests equally, it represents a real failure of progressive organizers and media to accurately convey what is court is doing and what is happening. if that's the challenge he's inviting, right, we should be up to the challenge, and then finally, i think there's also a way you can read his remark as in some ways an invitation to his conservative colleagues to not do all of the crazy things that many of us think are bound to happen, so he's saying don't be the conservative court that some people are warning about, and expecting you to be

>> there is also justice stephen breyer stepping down from the court so it younger justice can be approvedstory making and if there's an opportunity he remains by that commitment. >> saw jen saki is saying, we are not telling him to step down but if he does we will nominate an african-american woman to the court. and that's a dig even further. >> the trump administration was kind of hoping that justice kennedy would step down, and i think that's apt to be, it depends on the individual justice but i think that's a lot more effective than this kind of public pressure which is just someone like justice breyer who still feels like he can do the job fine, that's just going to get his hackles up. >> john: by november 2022 they may have lost at least part of their ability to get a new justice in it is why we would like to happen now. eddie mccarthy, a happy fourth of july to you and yours as well. >> happy independence day to you and sandra. >> john: it we saw that with ruth bader ginsburg, maybe it's time for ruth to go. speak to have you seen these billboards in d.c.? that's just brutal. john r

focused on president biden's infrastructure agenda and conserve for a confirmation fight if justice stephen breyer announces his retirement. let's go to liz in texas on our support line. caller: hi, how are you? i like your glasses. second, one of the last guys who was talking about how that could not be taken seriously, he is a total lunatic. host: he gets to express his opinion like anyone else. as far as your support of the commission, why do you support it? caller: honestly, i do not see why not. i do not see what the hesitancy is. if that was a group of black lives matter or antifa that stormed it, republicans would be completely down to sit there at investigate all of this fully. because it was people waving trump supporter flags and they have people like matthew gaetz and marjorie greene, they want to act like, we do not want to touch it and make all these excuses that all these other people are investigating. they were with 9/11, too. you still had an investigation then, so what is the problem. host: mount pleasant, pennsylvania on our opposed line, bernard, go ahead. caller: yes, sir. i h

these decisions come amid swirling questions over whether justice stephen breyer is planning to step down eminently opening of course the supreme court and see that president biden would then fill. mark brenda fitch is standing by in just a moment but first we go to chief legal correspondent and anchor of fox news at night shannon bream. hi, shannon. >> 26-3 decisions today caught along ideological lines. it brought together an interesting collection of growth from the left and the right ball fighting that california law that would have required charitable organizations and many of these political groups to turn over the name of their biggest donors. so the court is saying no to that. chief justice john roberts riding for the majority of the opinion and he said this. the protections of the first in are triggered by not only actual restrictions on an individual's ability to join with others to further shared goals. at the risk of a chilling effect on association is enough because first amendment freedoms need breathing space to survive. so while it's being celebrated by nonprofits acr

. >> jan, today's also the end of the term, some progressives urge liberal justice stephen breyer to retire while the democrats control the senate. what are you hearing? >> nothing, anthony. i got to say there is no indication he is stepping down. i think it will come as a surprise to the court. he is in great health. he is active, got a lot of public speaking outside the court and plays such an important role on that court helping bring the justices together. that's going to be very important next year when they have a lot of controversial cases, including a challenge to roe versus wade. >> thank you, jan. >>> joining to the blistering heat wave in the pacific northwest where the death toll could reach the hundreds. more than 60 deaths confirmed in oregon. mst caused by the abnormallily high body temperatures. washington state officials link at least 20 deaths to the heat. the number is expected to rise, unfortunately. north of the border in british columbia, the province is investigating nearly 500 sudden and unexpected deaths that may also be related to all of this heat. >>> and t

lot of progressives talk again about expanding the supreme court and there's a possibility that stephen breyera liberal justice may retire. but democrats would like to after president trump had got three nominees to the supreme court confirmed would like an opportunity to reshape the court a little bit. being able to expand the number of justices is one opportunity to do that. i think the math for that in the senate at least is pretty daunting. i think it would be fairly hard to do. it is certainly something that liberal activists are talking about. it is something they might make a serious push to do. host: jim antal serves as the editor of politics. thanks for joining us today. we are going to get our next guest from the publication online, popular information. judd legum will talk about his outlets cover of other issues in the news. that's coming up on washington journal. ♪ >> c-spanshop.org is c-span's online store. there is a collection of c-span products. their purchase will support our nonprofit operations and you still have time to order the congressional directory with contact informa

lot of progressives talk again about expanding the supreme court and there's a possibility that stephen breyerral justice may retire. but democrats would like to after president trump had got three nominees to the supreme court confirmed would like an opportunity to reshape the court a little bit. being able to expand the number of justices is one opportunity to do that. i think the math for that in the senate at least is pretty daunting. i think it would be fairly hard to do. it is certainly something that liberal activists are talking about. it is something they might make a serious push to do. host: jim antal serves as the editor of politics. >> we will talk with historians douglas brinkley, professor of history at west university and professor of history at howard university. richard norton smith, presidential biographer in amity , chair of the presidential foundation. watch the conversation tonight beginning at 9:00 p.m. eastern. and before the program go to c-span.org/president survey 2021 see the full results of the 2021 survey. host: judd legum joins us. he is the author of a publicati