. >> doug, 82-year-old justice steven breyer really getting some pressure to retire from a growing numberiberal justice. this is what congresswoman alexandria ocasio-cortez said. >> to be clear, you do think justice steven breyer should retire at the end of the term. >> you know, it's something i think about but i would probably lean toward yes. but yes, you're asking me this question. i would give more thought to it. i'm inclind to say yes. >> what do you think? should justice breyer step down? do you remember what happened with president obama and ruth bader ginsberg. that's why president trump got another seat. what do you think? should he retire? >> i think he has to think about this. and there's no question i think mcconnell's statements today will put a little more pressure. justice breyer was ted kennedy's chief counsel when i worked on the senate judiciary 40 something years ago. he's been an amazing supreme court justice. he understands a vote that judicial as well as the political dynamics and he will do what he feels like is in the best interests of the country. and i'm going t

i wish that for steven breyer. but i won't be calling him up and asking him to do so. >> the difference between your side and the other side. either you play to your advantage or you don't. let me check a couple of other boxes while i have you. one, the talking filibuster. everybody wants to know what you have with biden only. biden isn't your obstacle. it's manchin. have you gone to senator joe manchin and said let's keep the filibuster but let's put back the old rules so it is not an inexhaustible effort? >> i did briefings for every mental of my caucus that talk about these different strategies, to restore this broken instrument. this is the no debate version of obstruction. >> any buy-in? >> so, since then i haven't had conversations with him about it. he did speak publicly at some point and said he supported the talking filibuster. it makes sense that those who want to obstruct have to show up and have to be speaking on the floor of the senate to earn that right to a delay. >> so why don't you do it? >> i cert

the democrats putting pressure on steven breyer. we saw mitch mcconnell say if a retirement happened in 2024 he would be unlikely to support confirmation hearings. >> if you were back as the senate republican leader and a democrat retires at the end of 2023, that would be the anthony kennedy precedent. would they get a fair shot at a hearing? >> we'll have to wait and see what happens. >> we know what the rest of that sentence is. rachel, this has caused a lot of consternation among democrats on capitol hill. a not so subtle pressure campaign against justice breyer. >> also this idea to pack the court. >> that's pretty dead. >> pelosi said she's not willing to bring that. of course it is. democrats want to capitalize on this moment. they're still frustrated by what happened. they're still frustrated that amy coney barrett was able to get on the bench. this will only fuel the fire more. >> i think that -- i don't know what he's going to decide. i know that while the supreme court is open or the decision about breyer, the biden admini

here it is. >> so, just to be clear, you do think that justice steven breyer should retire at the endething i think about. but i -- i would probably lean towards yes. but, yes, you're asking -- you're asking me this question. so i just -- i would give more thought to it but -- but i'm inclined to say yes. >> what do you say? should justice breyer step down? do you remember what happened with president obama and ruth bader ginsburg. she ended up -- and that's why president trump ended up getting another seat. what do you think? should -- should he retire? >> well, i think he's got too thto think about this. and there is no question that i think mcconnell's statements today is going to put a little bit more pressure. but, you know, justice breyer was ted kennedy's chief counsel when i worked on the senate judiciary committee, 40-something years ago. he's been an amazing supreme court justice. he is -- he understands, both, the judicial, as well as the political dynamics. and he is going to do, i believe, what he feels like is in the best interest of the country. and i'm going to trust t

but today's ruling by justice steven breyer didn't weigh in on the larger question, instead saying the challengers have no legal standing to sue because the law no longer requires people to do anything, so they're not harmed by it. and in rejecting this one the court suggested similar lawsuits would also fail. >> the supreme court has slammed the door finally shut on all of the major legal challenges to obamacare. now it's just going to be nitpicking about the details of thousands of little provisions. >> reporter: president biden called the ruling, "a major victory for all americans benefitting from this groundbreaking and life-changing law." >> and pete, there was another major court ruling today on religion and gay rights. >> reporter: the court ruled unanimously in favor of a catholic charity that refuses to place foster children in the homes of same-sex parents because that would violate its religious beliefs. but this was a narrow ruling. the court did not say the claims of religious freedom can always trump laws against discrimination, jose. >> pete williams at the supreme court

. >> reporter: justices from steven breyer to john roberts said they don't want americans to perceive this as political. >> reporter: next year this court is going to tackle the most divisive and contentious issues in our society. they have a case on abortion rights, gun rights, possibly affirmative action. it's also unclear if this supreme court is even going to look the same. progressives are urging liberal justice steven breyer, who is 82 years old, to retire while democrats control the senate. his replacement would most certainly be more liberal. anthony? >> jan crawford at the supreme court. thank you. >>> the highest delta variant of covid first discovered in india is on its way to becoming the dominant strain in the u.s. it has spread to at least 42 states. we also learned just one dose of a two-shot vaccine is probably not enough to fight it. a recent study found one dose of the pfizer vaccine is only about 33% effective against the delta variant, while both doses offer approximately 88% protection. data on the moderna and j&j vaccines are still being studied. more than 13 mil

some progressives want justice steven breyer to retire so biden can put someone on the court who willdy to retire. if they do it is normally at the end of the term. this term should wrap up by the end of june. >> martha: no signs he is looking to fade into retirement at this moment. david spunt. thank you very much. >> bill: he went through a lot of the cases. the state election laws is something we'll watch here. they may decide whether ballot harvesting is legal or not when you have a third party go out and collect ballots and bring them to a central location. they are doing it in california already. a few other places, too. we'll see whether or not the court says it's okay. >> martha: they avoided getting involve in the 2020 elections but now they have an opportunity with this newly comprised court to with barrett on the court and gorsuch and kavanaugh. a very different makeup of this court to weigh in in certain weighs when it comes to things like ballot harvesting. i think everybody will watch really closely once we get the decisions coming out for indications when the court look

just as steven breyer's opinion said they have far less authority over schools when they're not on campust should encourage free expression. >> this is a huge victory for student free speech because so much of what students do happens off campus and on social media. >> reporter: clarence thomas was the only dissenter. the ruling leaves the door open for schools to punish children for threats or cheating on tests or violating the rules on extracurricular activities. >>> something you probably didn't think you'd live long enough to see, republicans who are anti-u.s. military. ♪ sometimes you wanna go ♪ ♪ where everybody knows your name ♪ ♪♪ ♪ and they're always glad you came ♪ welcome back, america. it sure is good to see you. spray, lift, skip, step. swipe, lift, spin, dry. slam, pan, still...fresh move, move, move, move aaaaand still fresh. degree. ultimate freshness activated when you move. ♪ ♪ we made usaa insurance for veterans like martin. when a hailstorm hit, he needed his insurance to get it done right, right away. usaa. what you're made of, we're made for. usaa ♪♪ usaa. what you'r

normally i don't cover the court that closely but i bring it up because liberal justice steven breyertire at the end of the term. that would free the president to nominate a new justice and get that nomination through the senate, provided joe manchin was on board. president biden's promised to nominate an african-american woman to the court. you can find me on twitter @scottmcgrew. >>> new video to show you this morning as the coast guard rescued a man from his kayak, roughly 70 miles west of santa cruz. we told you last week that the man was trying to kayak solo from san francisco to hawaii. he left a week ago. in this video he was doing okay. setting out to sail until he ran into rough conditions. this is a look at the powerful winds and waves he was facing there. the kayak was tossed around violently while it was taking on some water. good news is that he was rescued. >> yeah. he said he'll try again. >>> to our microclimate weather alert. strong winds are moving into parts of the bay area, you might have heard them overnight. this is a live look at are alre conditions in parts of

led by texas, to sue, claiming that what's left is an unconstitutional mandate today's ruling by steven breyer doesn't rule in on the constitutional standing but says the states have no right to sue. they can't claim they're harmed by it. and the standing issue is a big one for the court's conservative in rejecting the lawsuit the court strongly suggests that similar efforts would also fail. i think the legal challenges have pretty well run out of gas on obamacare >> on the adoption agency decision, you've described this today as a narrow ruling what does it sneen. >> it did rule for the religious charity in philadelphia. it refuses to place foster children with same-sex parents on the grounds that doing so would violate its religious beliefs. so the city ended that contract for foster placement, saying the charity was violating philadelphia's non-discrimination laws. that's why catholic social services sued. i stayay it's a narrow rule, because they sometimes make exceptions, denying an exception to the charity would violate religious freedom. but it didn't go further it didn't say religious

. >> so just to be clear, you do think that justice steven breyer should retire at the end of this termre asking me this question. so i would give more thought to it. but i'm inclined to say yes. >> okay. after you give more thought to it, give me a call. we'll make sure to get that on the air. >> absolutely. >> okay. thank you so much for joining me this morning. i appreciate it. >> thank you so much. of course. thank you, dana. >> and we'll be right back. st. for a limited time get a 5th cartridge free. open talenti and raise the jar. to gelato made from scratch. raise the jar to all five layers. raise the jar to the best gelato... you've ever tasted. ice t, stone cold calling on everyone . raise the jar. to turn to cold washing with tide.ou've ever tasted. ♪ this is a cold call! ♪ hello, my name is ice t. can you spare a few seconds to learn about cold water washing with tide? hi my name is steve. did you know washing in cold can save you $100 a year on your energy bill. why wouldn't you turn to cold? it helps the environment. what? because stone cold said so. plus, tide cleans great

. >> so, just to be clear, you do think that justice steven breyer should retire at the end of this term you know, it's something i think about, but i would probably lean towards yes, but yes, you're asking me this question. i would give more thought to it, but i'm inclined to say yes. >> okay. after you give more thought to it, give me a call. we'll make sure to get that on the air. thank you so much for joining me this morning. i appreciate it. >> thank you so much, of course. thank you, dana. >>> and we're going to squeeze in a quick break as we wait for president biden to take questions. we will bring that to you live as soon as it happens and we'll be right back. stay with us. hi sabrina! hi jen! hi. so you're the scientist here. does my aveeno® daily moisturizer really make my dry skin healthier in one day? it's true jen. really?! this prebiotic oat formula moisturizes to help prevent dry skin. impressive! aveeno® healthy. it's our nature. bipolar depression. it's a dark, lonely place. this is art inspired by real stories of people living with bipolar depression. emptiness. a hopel

situation, rachel because the only person in the end who is the determinant what he is going to do is steven breyernd time again including an interview he gave me at christmas time he doesn't think that court justices are political, and that it is a political question, and you know, he will retire when he wants to retire. but all of the sort of swirling questions about, we have mitch mcconnell announcing this week that he is not going to ever confirm a biden nominee if he gets control of the senate, none of that seems to be part of justice breyer's calculus, and i would think paradoxically, the more he is pushed, there's a bunch of ads that are coming out in the next couple of days, a whole bunch of liberal scholars, 18 scholars signed a letter saying please, please get off the court, the more he's pushed, the more in some sense he's persuaded that this all looks really political so he better stick around. >> in terms of how the court is operating right now, we had some unusual splits in terms of the number of votes, i think people are surprised to see for example justice thomas on the side that he

. >> bill: steven breyer wrote the majority opinion and you've been following the back and forth with for him to retire. and in your experience how do justices receive a message like that? >> i don't think they want the court to be seen as more political. they want to have it seen as less political. my sense is breyer is sitting there saying really? i'm going to denigrate the court by bowing to the wishes of the hard left of the democratic party and bailing out when i still think i can contribute? i think this is counterproductive if that's what they are trying to achieve. >> dana: do you remember june 30th, 2005 what happened that day? sandra day o'connor announced her resignation and it changed a lot of things and then we were off to the races to do two supreme court nominations right after that. that really affects the court. >> it does. it absolutely does. that was a personal decision by her. there was no encouragement or public campaign. i think -- it was a big surprise. >> bill: other decisions we're still waiting on and get them by the end of the month. maybe another one today.

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ocasio-cortez told me she thinks steven briar should consider stepping down so president biden could appoint somebody to replace him. would you dow agree with her? >> i'll let justice breyer make that decision by himself. >> thank you so much. chairman of the budget committee. happy father's day, sir. >> thank you very much. >> thank you. >>> and is a bipartisan infrastructure deal really possible? a republican and democrat working together on it join me next. >>> and president biden taking the wait and see approach with vladimir putin, but with businesses bracing for more cyber attacks, is there time to spare? i'll ask biden's national security adviser head. you love rich, delicious ice cream. but your stomach doesn't. that disagreement ends right now. lactaid ice cream is the creamy, real ice cream you love that will never mess with your stomach. lactaid ice cream. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! ( sighs wearily ) here, i'll take that! ( excited yell ) woo-hoo! ensure max protein. with thirty grams of protein, one-gram of sugar, and nutrients to support immune health! ( abbot sonic ) a