tom dupree. >> you are absolutely right. this case imply indicates about the nature of federal power. you are right in that presidents over the last few years especially have been adopting an aggressive approach to their power saying i have the authority to do this. and i think that there is a strong view, conservative view that says wait a minute. unless congress has specifically authorized you to do something such as issue a vaccine mandate, you don't have the power to do that. it is one of the central questions the supreme court will be deciding. does president biden have the authority to issue these vaccine mandates without a clear and express statement of authority from congress? >> harris: what's really interesting what you are pointing out with regard to getting congress to go forth with the president is if you were going to do this you want to do it when you have majorities. they are squeaky close in both the house and senate just imagine six months from now he won't have any support because he won't be able to help

mike: tom dupree, fascinating.cago public schools and teachers union still in deadlock as mayor lori lightfoot rejects the teachers unions proposal. what this means after the break. moving is a handful. no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. mike: chicago public schools canceling classes on monday as negotiations with teachers union hit an impasse, mayor lightfoot shooting down a proposal. live with charles watson with the very latest. charles: chicago teachers union is willing to send members back to monday but won't be for in-person instruction. the union proposes teachers to help sign students up for covid-19 testing and hand out laptops for remote

let's get reaction from former deputy assistant attorney general tom dupree. tom great to have you with us this afternoon. we're waiting for the president. he will speak about this from the roosevelt room around 12:30. i will ask you follow up what hillary said. biden did promise if he had an opportunity he would nominate a black woman to the court. some are saying we shouldn't be using race as a factor here. your thoughts? >> it was a promise that biden made in the heat of the campaign. he was trying to appease his political base. so he took a very unusual step he went on the record as to the race and gender of the person that he would appoint to the supreme court. it doesn't surprise me he is thinking along these lines. this is unusual. other than president reagan when he vowed to put a woman on the supreme court we really haven't seen any other presidents in recent history make these types of promises in advance who they would appoint to the court given a chance. jackie: breyer was appointed by president clinton. the kind of appointee we're expecting here wo

former attorney general tom dupree joins me now. great to see you, tom.is that the president is looking at candidates who were younger and much more progressive than somebody like justice breyer who we know was appointed by bill clinton who at this point, it seems, seems like a real moderate when you compare joe biden's policies, for example. so you look at some of these candidates, and this could have a big impact on the court. your thoughts. >> well, i think it will have an a impact in that anytime you change the composition of the supreme court, you're making a change. there'll be only nine justices and when you change one, that can be significant. but at the same time, let's keep in mind this isn't going to have a dramatic effect on the ideological composition of the court because you're going to be replacing a reline by liberal justice, with another reliably liberal justice to be determined. so i don't think the overall balance of power on the supreme court is going to shift, but it's always exciting anytime you have a new appointment. jack: -- jacki