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Apr 25, 2024
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justice alito? justice alito: well, i would thinth the concept of good-faith medical judgment must kento account some objective standards, but it would leave a certain amount of leeway for an individual doctor. that was h interpreted what the -- what the state supreme urt said. now you have been presented here today with very quick summaries of cases and asked to provide a snap judgment about what would be appropriate in those particular cesand, honestly, i thiny've hardly been given an opportunity to answer some of thhytheticals. but would you agree with me that if a medical doctor, whos expert in this fieldwe asked bang, bang, bang, what would you do in these particular circumstances which i am now gointonumerate, the doctor would say: wait, i don't --hi is not how i practice medicine. i need to know a lot more abt the individual case. would you agree with that? mr. turner: absolutely. and acogasyou know, in the case of prom, for example, acog 't just knee-jerk stay an abortion is the standard of
justice alito? justice alito: well, i would thinth the concept of good-faith medical judgment must kento account some objective standards, but it would leave a certain amount of leeway for an individual doctor. that was h interpreted what the -- what the state supreme urt said. now you have been presented here today with very quick summaries of cases and asked to provide a snap judgment about what would be appropriate in those particular cesand, honestly, i thiny've hardly been given an...
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Apr 25, 2024
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justice alito? justice alito: well, i would think that the conptf good-faith medical judgment must take into accot me objective standards, but it would leave a certain ou of leeway for an individual doctor. that was how i interpret wt the -- what the state supreme court said now you have been presented here dawith very quick summaries of cases and asked to provide a sn jgment about what would be appropriate in those particular cases, and, hontl i think you've hdlbeen given an opportunity to answer some of the hypothetical but would you agree with me that if a medical doctor, who is an expert in this field, were asked bang, bang, bang, what would you do in these particular circumstances which i am now going to enumeratethdoctor would say: wait, i don't -- this is not how i practice medicine. i need to know a lot more about the individual case. would you agree with that? mr. turner: absolutely. and acog has, you knowhe case of prom, for example, acog doesn't ju ke-jerk stay an abortion is the standard
justice alito? justice alito: well, i would think that the conptf good-faith medical judgment must take into accot me objective standards, but it would leave a certain ou of leeway for an individual doctor. that was how i interpret wt the -- what the state supreme court said now you have been presented here dawith very quick summaries of cases and asked to provide a sn jgment about what would be appropriate in those particular cases, and, hontl i think you've hdlbeen given an opportunity to...
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Apr 19, 2024
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justice alito: suppose the allegation was we had a meeting with ms. vullo and she pulled out a pistol and held it to our heads and said i will blow your brains out unless you stop writing insurance for the nra. that would not be enough to allege a violation because she might have taken that same regulatory action for a perfectly legitimate reason. mr. katyal: there the government's conduct would be objectively unreasonable and it would flunk our test. we are not seeking to change the law. we are just pointing out when you're in a situation like this of conceding illegality there is an obvious alternative explanation for what ms. vullo was doing, which was enforcing the law. this is the worst case for you to say this should go past 12 v. 6, that i think any plaintiff would be able to do this. >> what was the conceited illegality? mr. katyal: in the complaint it attaches the three consent orders by the insurers. >> those are those three. mr. katyal: what they said was illegal, the insurance products with the nra. justice sotomayor: what made it illegal
justice alito: suppose the allegation was we had a meeting with ms. vullo and she pulled out a pistol and held it to our heads and said i will blow your brains out unless you stop writing insurance for the nra. that would not be enough to allege a violation because she might have taken that same regulatory action for a perfectly legitimate reason. mr. katyal: there the government's conduct would be objectively unreasonable and it would flunk our test. we are not seeking to change the law. we...
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Apr 19, 2024
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justice alito? justice alito: on the question of the meaning of coercion, i can think on the spectrum -- one end of the spectrum, a government official says, look, suppress this speech, and if you don't do it, i have legal weapons i can use against you and i'm going to punish you for using those. very clear coercion. at the other end, the government official who has no authority to do anything for any practical purposes to that entity that the government official is speaking to says you should do this, it would be a good thing to do, you would be a good citizen if you did it. in between, there are a lot of different gradations, particularly when the official making this request has that power, and you have to assume the person or the entity to whom or to which the request is being made does matter. just as i am sure that these insurance companies were well aware of the power of ms. vullo. how do you define when it goes too far along that line? mr. cole: so, i do think that the power of the official
justice alito? justice alito: on the question of the meaning of coercion, i can think on the spectrum -- one end of the spectrum, a government official says, look, suppress this speech, and if you don't do it, i have legal weapons i can use against you and i'm going to punish you for using those. very clear coercion. at the other end, the government official who has no authority to do anything for any practical purposes to that entity that the government official is speaking to says you should...
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justice alito? justice alito: could you explain how your rule would be carried out by police officers on a day-to-day basis? let's say that there are 500 beds in a particular town and let's y it's 3:00 in the afternoon, 4:00 in the afternoon on a winter day. wh is an individual police officer supposed to do if invidual police officer would go around and count the number of people who are getting ready to sleep outside? i guess if tt's 4:00, you wouldn't get that. let's say it's 6:00. count the mb of people who are getting ready to sleep outse r the night and then ask each one of them whether you've tried to find a bed at -- at a shelter? whether that person would be willing to go to a shelter if a bed is available without any conditions or whether the bed would have to be available on the conditions that the individual wants, like i won't go to a shelter where they won't take my dog or something like that? can you just explain h i would rkn a daily basis. mr. kneedler: well, first of all, with respe
justice alito? justice alito: could you explain how your rule would be carried out by police officers on a day-to-day basis? let's say that there are 500 beds in a particular town and let's y it's 3:00 in the afternoon, 4:00 in the afternoon on a winter day. wh is an individual police officer supposed to do if invidual police officer would go around and count the number of people who are getting ready to sleep outside? i guess if tt's 4:00, you wouldn't get that. let's say it's 6:00. count the...
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Apr 1, 2024
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justice alito: go ahead. justice sotomayor: could you ccinctly state for me what are the common features in ts an to all 23 states? mr. stewart: i think -- justice sotomayo bause, as i looked at the plan, certain states werexempted out because they were already meeting their emission control goals. certaistes the epa determined would be out of it at a ceaipoint in time but not initially. mr. stewart: i'd -- 'd say -- justice sotomayor: so it was very individualized in many ways. so tell me what wasn't. mr. stewart: i think -- most of it -there were initial determinations about which states should iluded, but with respect to the states that were included, the -- the requirementser-- were almost -- were mostly uniform; that is, in 2024 and 2025, the plan would only impose new requirements on power plants, electric-generating units, and for the most part, during those years, those requirements would simply be that theow plants operate their existing controls to the maximum extent. chf justice roberts: thank you,
justice alito: go ahead. justice sotomayor: could you ccinctly state for me what are the common features in ts an to all 23 states? mr. stewart: i think -- justice sotomayo bause, as i looked at the plan, certain states werexempted out because they were already meeting their emission control goals. certaistes the epa determined would be out of it at a ceaipoint in time but not initially. mr. stewart: i'd -- 'd say -- justice sotomayor: so it was very individualized in many ways. so tell me what...
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this being let's pick on justice alito day. justice alito's response to all of this has always you're bunch of sore losers. you just like the result. and as steve explaining is really much than that. i want to talk to you some more or go ahead 30, 30 more seconds. i think it's worth stressing like, yes, i am often sort of dismissed as being a progressive who's just crying in my spilled progressive milk. i don't know what progressive milk looks like, but that free. oatmilk. so there are two quick response. the first is this is not just progressives. i mean one of the most vocal critics inside court of a lot of the court's procedural machinations in the last two years has been chief justice john roberts. right. roberts has actually joined the three democratic appointees in a surprising of these procedural disputes, where he might be sympathetic on the merits to what the other justices are doing. he's not sympathetic to what they're doing procedurally. the alabama redistricting case is a good example of that. but more fundamentall
this being let's pick on justice alito day. justice alito's response to all of this has always you're bunch of sore losers. you just like the result. and as steve explaining is really much than that. i want to talk to you some more or go ahead 30, 30 more seconds. i think it's worth stressing like, yes, i am often sort of dismissed as being a progressive who's just crying in my spilled progressive milk. i don't know what progressive milk looks like, but that free. oatmilk. so there are two...
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she seemed to have some stepback from those asserted by justice alito. the big wild card is where the chief justice is. it would be unlikely he would want to be his legacy to giving donald trump a path to forgiveness for a coup, he was the most difficult justice to read. >> they had a discussion about the court ruling. it has to have some better limiting principle. i for one couldn't quite tell where that takes him and what that meant. joyce and chay on the big historic supreme court day, thanks to both of you. we have more special guests coming up. we heard a lot of talk about assassination. the former cia chief is with me to separate fact from fiction. later, douglas brinkley on an historic night. stay with us. th e*trade from morgan stanley, we're ready for whatever gets served up. dude, you gotta work on your trash talk. i'd rather work on saving for retirement. or college, since you like to get schooled. that's a pretty good burn, right? this is david's look of joy. and this is his john deere z530m mower. that delivers precision, speed, comfort, ♪
she seemed to have some stepback from those asserted by justice alito. the big wild card is where the chief justice is. it would be unlikely he would want to be his legacy to giving donald trump a path to forgiveness for a coup, he was the most difficult justice to read. >> they had a discussion about the court ruling. it has to have some better limiting principle. i for one couldn't quite tell where that takes him and what that meant. joyce and chay on the big historic supreme court day,...
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that's a -- justice alito: all right. then compare that with a person who absolutely has no place to sleep in a particula jurisdiction. does that person have any alternative hethan sleeping outside? ms. evangelis: so i think we'd have tall the questions i mentioned earlier about what alternatives they might have had yesterday -- justice alito: they have -- ms. evangelis: -- and how ey ended up there. justice alito: -- they have none. they have absolutely none. there's not a single place where they can sleep. ms. evangelis: if's true, then that may be the case. and in that case, at least in oregon, they would have a defense of necessity. justicalo: so the point is that the connection between drug addiction and drug usage is more tenuous than the connectn between absolute homelessness and sleeping outside. ms. evangelis: well, i -- i think, in -- in robinson, again, the court did draw that line, but, here, the respondents are saying that the two are really the same, that camping outsi sleeping outside, and being homeless ar
that's a -- justice alito: all right. then compare that with a person who absolutely has no place to sleep in a particula jurisdiction. does that person have any alternative hethan sleeping outside? ms. evangelis: so i think we'd have tall the questions i mentioned earlier about what alternatives they might have had yesterday -- justice alito: they have -- ms. evangelis: -- and how ey ended up there. justice alito: -- they have none. they have absolutely none. there's not a single place where...
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justice alito? justice sotomayor? >> we have never had a situation before where there has been a situation like this with people attempting to stop a proceeding violently. i am not sure what a lack of history proves. >> i'm not sure that is true. i would point to hatfield and courthouse problems in portland, oregon. let's also look at what the court has said in so many different cases. in dubin, in yates, and kelly. bond. all of these -- >> there was a difference there in the use of words. here, otherwise obstructs, influences, impedes might have a problem with breadth and the government can address that, but it is on -- not unclear what the words mean. >> but the government has no way to address that. >> we can let them answer. >> jusce kagan, justice kavanaugh. >> if it were just the language in c2, and so said whoever obstructs, influences and impedes c2 without the word otherwise, the whole provision, do you acknowledge the language would then be applied properly to a situation like this? >> unfortunately no. the
justice alito? justice sotomayor? >> we have never had a situation before where there has been a situation like this with people attempting to stop a proceeding violently. i am not sure what a lack of history proves. >> i'm not sure that is true. i would point to hatfield and courthouse problems in portland, oregon. let's also look at what the court has said in so many different cases. in dubin, in yates, and kelly. bond. all of these -- >> there was a difference there in the...
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justice alito? justice alito: mr. martinez, would you agree that one of the reasons why chevron was originally so popular was concern that judges were allowing their policy views, consciously or unconsciously, to -- to -- to influence their interpretation of the statutes in question? martinez: yes. justice alito: why was that fear unfounded? why do you think now that the fear was unfounded? martinez: well, i think three things. first of all, i think the fear has -- it's reasonable to think the fear has diminished over time, regardless of what it was then, in large part due to the very salutary developments in the way that this court and the lower courts generally now think about statutory construction. in the old days, there was a lot of reliance on legislative history and on sort of more free-form analysis that i think made it easier for policy considerations to infect the judicial decision-making process. but this court has now made clear that, you know, really, we should be text-focused, we should be focused on fai
justice alito? justice alito: mr. martinez, would you agree that one of the reasons why chevron was originally so popular was concern that judges were allowing their policy views, consciously or unconsciously, to -- to -- to influence their interpretation of the statutes in question? martinez: yes. justice alito: why was that fear unfounded? why do you think now that the fear was unfounded? martinez: well, i think three things. first of all, i think the fear has -- it's reasonable to think the...
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>> i really doubt that, justice alito. it presupposes a regime we have never had except for president nixon and as alleged in the indictment here. presidents who are conscious of being engaged in wrongdoing and try to shield themselves. no person shall be the judge in their own case. those are adequate deterrences think so that this kind of dystopian regime is not going to evolve. >> let me end with just a question about what is required for the functioning of the stable democratic society, which is something that we all want? i'm sure you would agree with me that a stable democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully, if that candidate is the incumbent. >> of course. >> all right. now, if an incumbent, who loses the very close hotly contested election, knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosec
>> i really doubt that, justice alito. it presupposes a regime we have never had except for president nixon and as alleged in the indictment here. presidents who are conscious of being engaged in wrongdoing and try to shield themselves. no person shall be the judge in their own case. those are adequate deterrences think so that this kind of dystopian regime is not going to evolve. >> let me end with just a question about what is required for the functioning of the stable democratic...
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Apr 16, 2024
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justice alito mentioned a case as well that was a forged court order. that did not have anything to do with the evidence that was going to be considered. >> so what role does c1 play in the analysis? >> we understand it to split up the world of obstructed conduct of an official proceeding. it covers everything and enumerates. it's the acts of altering, concealing records, documents or other objects. c2 would only pick up conduct that obstructs a proceeding in a different way. there's no super fluidity in our meeting. congress was to fighting this up into two did separate offenses. that is actually a virtue of our reading as compared to petitioners because of not hurt him articulate anything that would fall within c1 that would not also be in c2. >> in the way you are reading it, c1 and c2 almost exist in isolation certainly not affected. >> we do not deny that there is a relationship. the relationship is what congress specified in the text. it follows the word otherwise. that is the similarity. what both have in common is that they name conduct that obs
justice alito mentioned a case as well that was a forged court order. that did not have anything to do with the evidence that was going to be considered. >> so what role does c1 play in the analysis? >> we understand it to split up the world of obstructed conduct of an official proceeding. it covers everything and enumerates. it's the acts of altering, concealing records, documents or other objects. c2 would only pick up conduct that obstructs a proceeding in a different way....
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>> it is correct, justice alito. i think we should also consider the history of this country. as members of the court have observed it is baked into the constitution that any president knows that they are exposed to potential criminal prosecution. after impeachment an conviction. we don't read it that way but it's common ground that all former presidents have known that they could be indicted and convicted and watergate cemented that understanding. the watergate smoking gun tape involved president nixon and h.r.haldeman trying to shut down a criminal investigation. >> you have identified events in the past where presidents have engaged in conduct that might have been charged as a federal crime and you say well, no, that's not really true. this is page 42 of your brief. so what about president franklin d. roosevelt's decision to intern japanese americans during world war ii? couldn't have that been charged under 18usc241, conspiracy against civil rights? >> today, yes, given the court's decision in trump versus united states in which the -- trump versus hawaii where the court s
>> it is correct, justice alito. i think we should also consider the history of this country. as members of the court have observed it is baked into the constitution that any president knows that they are exposed to potential criminal prosecution. after impeachment an conviction. we don't read it that way but it's common ground that all former presidents have known that they could be indicted and convicted and watergate cemented that understanding. the watergate smoking gun tape involved...
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Apr 26, 2024
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maybe if you are cynical and think okay, maybe samuel alito and thomas are going to be outliers. but, the fact that it looks like there's at least four, it's going to be, to me, it looks like 5-4, one way or the other on a case that i agree with neil is so off the charts tells you how inured we are to trump overtaking what this country is supposed to stand for. >> what i thought i was counting was a majority, clear majority saying, no, there is absolutely no such thing as absolute immunity, absolutely no such thing. i don't know what neil gorsuch was getting at at certain spots there, where he was saying things like, well, you know, if you, samuel alito said if you do that, order seal team six, you don't have to worry about that because seal team six won't obey the order to assassinate hillary clinton. and then neil gorsuch was saying, made a very clear point to say, to trumps lawyer, so there's absolutely no doubt that subordinates of the president can be prosecuted for exactly the thing you are saying the president cannot be prosecuted for and trumps lawyer said that's right, i
maybe if you are cynical and think okay, maybe samuel alito and thomas are going to be outliers. but, the fact that it looks like there's at least four, it's going to be, to me, it looks like 5-4, one way or the other on a case that i agree with neil is so off the charts tells you how inured we are to trump overtaking what this country is supposed to stand for. >> what i thought i was counting was a majority, clear majority saying, no, there is absolutely no such thing as absolute...
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. >> justice alito. >> robinson presents a very difficult nctual question. do you think that someone who is a drug addict is absoluty incapable, analpeople who are in our drug edits are incapable of refraining from using drugs? >> i think for some that may be true and for some perhaps they can escape but that' question of free will and agency that's of every law and what conduct we choose to regulate. >> then compare that with the rson who absolutely has no place to sleep. in a particular juriicon. does that rs have any alternative other than sleeping outside? >> we would have to ask all the questions i mentioned earlier over what alternatives. >> they have absolutely none. there is not a single they can sleep. >> if that is true then that may be the case and in that case at least in oregon they would have a defense necessity. >> so the points e connection between drug addiction and drug usage is more tenuous than the connection between absolute homelessness and sleeping outside. >> i think in robinson, the court did draw ine but the two are the same, thatay
. >> justice alito. >> robinson presents a very difficult nctual question. do you think that someone who is a drug addict is absoluty incapable, analpeople who are in our drug edits are incapable of refraining from using drugs? >> i think for some that may be true and for some perhaps they can escape but that' question of free will and agency that's of every law and what conduct we choose to regulate. >> then compare that with the rson who absolutely has no place to...
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this sort ofoeto discussions with justice alito. i thought the quti presented was about the extent to which the 16th ameme requires reizion. if we are going now beyondha early out of the territory ir encompassed? >> think the answer to the questionresented would be we don't have to deciden l contexts. here there was a realization. as we said in our brief we don't think the case resents the question presented because there are actual -- thereasctual realization by. . the corporation the real dispute was whether congress made a fair attributn cision. >> why did the government make an argument abt excise taxes at the end? >> we think the mrt is nstutional on an excise tax theory as well. . the has beenuggestion that we did not present that argument below and that is incorrect. in the ninth circuit we said even if the mrt is not properly characterized as an inco t, it is not a direct tax. we said congress had artic o authority to enact it. we did preserve the argument. . the ninth circuit did not have ocsi to reach it because it ruled i
this sort ofoeto discussions with justice alito. i thought the quti presented was about the extent to which the 16th ameme requires reizion. if we are going now beyondha early out of the territory ir encompassed? >> think the answer to the questionresented would be we don't have to deciden l contexts. here there was a realization. as we said in our brief we don't think the case resents the question presented because there are actual -- thereasctual realization by. . the corporation the...
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Apr 5, 2024
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i think it was justice alito's question of duration of protective orders. by default, they can be permanent and i'll obama, colorado, montana and washington, no limit in florida, michigan or vermont, 10 years in arkansas, five years in california ohio and south dakota. in texas where the default is two years if a judge finds or a finding is made felony violence is committed, it can be five years and the time is told like when someone's in jail. while it may be the case that if we counted whether 51 or 52, it is not the case that they are short. the danger with any kind of historical inquiry is like the person looking down a well. it feels like what the government is doing is looking down the dark well of american history and seeing only a reflection of itself in the 20th and 21st century and saying that's what history shows. when congress enacted section 922 g8 in 1994, it acted without the benefit of heller, mcdonald and bruen so we should not be surprised they missed the mark. they made a one-sided proceeding that is short, incomplete proxy for a total de
i think it was justice alito's question of duration of protective orders. by default, they can be permanent and i'll obama, colorado, montana and washington, no limit in florida, michigan or vermont, 10 years in arkansas, five years in california ohio and south dakota. in texas where the default is two years if a judge finds or a finding is made felony violence is committed, it can be five years and the time is told like when someone's in jail. while it may be the case that if we counted...
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if one adopted alito's test it would fall outside. the fitzgerald case might be an official act. all these kinds of hype that calls has been top impeached and convicted. >> he is gone, let's say the president who ordered the military to stage a coup. no longer president. wasn't impeached and couldn't be impeached but he ordered the military to stage a coup and you are saying that's an official act? >> i think it would depend. >> that's immune. >> it would depend on the circumstances. if it were an official act he would have to be impeached. >> what does it mean depend on the circumstances? he was the president and is the commander-in-chief, he talks to his generals all the time and he told the generals i don't feel like leaving office. i want to stage a coup. is that immune? >> if it's an official act there needs to be impeachment and conviction beforehand because the framers viewed that kind. >> it's an official act? >> if it's an official act. >> is that an official act? >> if you describe that hypothetical it could well be. it is a fact-specific content. >> that answer sounds
if one adopted alito's test it would fall outside. the fitzgerald case might be an official act. all these kinds of hype that calls has been top impeached and convicted. >> he is gone, let's say the president who ordered the military to stage a coup. no longer president. wasn't impeached and couldn't be impeached but he ordered the military to stage a coup and you are saying that's an official act? >> i think it would depend. >> that's immune. >> it would depend on the...
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. >> justice alito, the point i wanted to make about this case does go to the general proposition. >> i understand that, mr. dreeben, as i said, this case will have effects that go far beyond this particular prosecution. >> laura: well, seeing its fantasy go up in flames of trump on trial in d.c. before the election and that federal court case given how things went today at the supreme court already slim likelihood that donald trump will face a criminal trial brought by special counsel jack smith before the election appeared to dwindle further thursday in the face of withering scrutiny from the supreme court's conservative majority. and the mood was no better by the way over at vioxx where they will need to start offering company wide therapy pets. disaster for the special counsel jack smith. at least five of the court's republicans seemed eager at the very least to trump delay federal criminal trial adding that the justice who seemed to hedge the most, john roberts, also seemed to think that trump enjoys at least some immunity from criminal prosecution joining us now. chris landau. c
. >> justice alito, the point i wanted to make about this case does go to the general proposition. >> i understand that, mr. dreeben, as i said, this case will have effects that go far beyond this particular prosecution. >> laura: well, seeing its fantasy go up in flames of trump on trial in d.c. before the election and that federal court case given how things went today at the supreme court already slim likelihood that donald trump will face a criminal trial brought by...
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one, you saw that when that alito leak went out of his draft opinion. they all got mad as hell and they said, we're to investigate this. the chief justice said, i've the marshal to investigate this. so he clearly demonstrated his belief that he had the power to order an investigation. and what i've been asking him and telling him and indeed told him at the last judicial conference meeting, which i get invited to, not his favorite invite, i'll tell you, is, okay, now that you establish the proposition that you can order investigations into matters, investigate what thomas knew and when he knew it about his wife's activities, the insurrection, pretty straightforward investigative stuff. so it opens it opens a window for him to lead an ethics regime in which there is at least investigation with traditional investigative principles, that if you lie you know, you're accountable and it's not just press releases from the judges. so that, i think is pretty important. and then, of course, he could always move to try to adopt a code of ethics and to determine a w
one, you saw that when that alito leak went out of his draft opinion. they all got mad as hell and they said, we're to investigate this. the chief justice said, i've the marshal to investigate this. so he clearly demonstrated his belief that he had the power to order an investigation. and what i've been asking him and telling him and indeed told him at the last judicial conference meeting, which i get invited to, not his favorite invite, i'll tell you, is, okay, now that you establish the...
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Apr 28, 2024
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. >> i'm sorry, if i understood justice alito, he suggesting not that. he is suggesting whether even if it is an official act whether you still grant immunity if that act does not plausibly viewed as within the realm of law. he can correct me if i'm wrong. >> that was the question. >> that i think would be a superior rule then what is in the categorical file that emerged in the trial. >> i'm not quite sure why he use the word plausible because that seems to negate, might is well -- might as well give absolute if you say plausible because anybody could argue plausibility. we don't even require plausible, we require reasonable and qualified immunity. >> one might argue that it is not plausibly legal to order seal team six and i don't want to slander seal team six because seriously they are honorable. they are bound by the uniform code of military justice not to obey unlawful orders. i think one could say that it's not plausible that that is legal, that the action would be legal. i'm sure you've thought of lots of hypotheticals and i'm sure you have as well
. >> i'm sorry, if i understood justice alito, he suggesting not that. he is suggesting whether even if it is an official act whether you still grant immunity if that act does not plausibly viewed as within the realm of law. he can correct me if i'm wrong. >> that was the question. >> that i think would be a superior rule then what is in the categorical file that emerged in the trial. >> i'm not quite sure why he use the word plausible because that seems to negate, might...
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Apr 18, 2024
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but as i have the discussion with justice alito, they did not assert absolu immunity with respect to thfirst amendment claim. >> thank you. >> justice kagan. justice gorsuch it's. >> we have gone back d forth all morning about the standard. you have a first amendment retaliation clm this case. we often look at retaliation in thtie vii context. the effect it would have a reasonable person ina circumstance. do you see any daylig tween those two standards? >> in terms of defining adverse action? >> right. >> i am not su that there is. i don't know for this case one has to look very hard to see adverse action when you see a concerted campaign, million- dollar fines, an explicit threat to a major insurance provider, we are going to harden you if you don't cut tieswith the nra. in that context, this is clearly an adverse action under title i, under any language understanding ofth. >> retaliation is a familiar concept in a lot of case law. i'm pointing that out. >> yes. >> there are gray area cases in all of them. >> i think bantam books in retaliation are slightly diffen i think, in the wa
but as i have the discussion with justice alito, they did not assert absolu immunity with respect to thfirst amendment claim. >> thank you. >> justice kagan. justice gorsuch it's. >> we have gone back d forth all morning about the standard. you have a first amendment retaliation clm this case. we often look at retaliation in thtie vii context. the effect it would have a reasonable person ina circumstance. do you see any daylig tween those two standards? >> in terms of...
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Apr 12, 2024
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that is the kind of history and tradition that samuel alito have brought back to the united states. it is the very logic of this court. it is the point of the decision in dobbs. it is the point of the arizona supreme court ruling this week. in 2024 william claude jones gets to control the body of women and girls in the state of arizona. are you tired of your hair breaking after waiting years for it to grow? new pantene with more pro-vitamins, plus biotin & collagen. repairs as well as the leading luxury bonding brand. stronger, healthier hair, without the $60 price tag. if you know, you know it's pantene. millions of children are fighting to survive due to inequality, conflict, poverty and the climate crisis. save the children® is working alongside communities to provide a better life for children. and there's a way you can help. please call or go online to give just $10 a month. only $0.33 a day. we urgently need 1000 new monthly donors in the next 30 days to help the children we support around the world. you can help provide food, medicine, care and protection, plus so much more
that is the kind of history and tradition that samuel alito have brought back to the united states. it is the very logic of this court. it is the point of the decision in dobbs. it is the point of the arizona supreme court ruling this week. in 2024 william claude jones gets to control the body of women and girls in the state of arizona. are you tired of your hair breaking after waiting years for it to grow? new pantene with more pro-vitamins, plus biotin & collagen. repairs as well as the...
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and so the methodology adopted by that man, samuel alito, on the right, with the support supreme court effectively ruled as if we are going to let the past dictate the present. in this really binding way. specifically, the white men who held power in the distant past. the man who made up the tradition of our history. this isn't some weird fluke. if the logic of dobbs at play where that states supreme court just revived a near-total abortion ban from 1864 from when lincoln was president. this is the code of laws adopted by the very first arizona territorial legislature 160 years ago. yes, territorial because arizona would not become a eight for more than 50 more years. name for judge and principal author william thompson howell, the menu see there on the left, the howell code foreman iced the laws governing all the territory. population, less than 2000. excusable homicide by misadventure, which could include a man working with an axe killed a bystander or a parent is moderately correcting his child and happens to occasion death. it contains multiple sections relating to duals, for examp
and so the methodology adopted by that man, samuel alito, on the right, with the support supreme court effectively ruled as if we are going to let the past dictate the present. in this really binding way. specifically, the white men who held power in the distant past. the man who made up the tradition of our history. this isn't some weird fluke. if the logic of dobbs at play where that states supreme court just revived a near-total abortion ban from 1864 from when lincoln was president. this is...
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Apr 28, 2024
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justice alito would refuse to leave office. therefore, we really have to be careful of letting, you know, overzealous, hyper partisan prosecutors beat up on them. the notion, as you heard in that quote from justice jackson, that is a scarier prospect than the stuff that we have already heard from president donald trump and we are hearing now about a next iteration of president donald trump. the notion that there is a real fear, the witch hunt, is bone- chilling and deeply surprising to those of us who are institutional us right down to the wire. >> i do not feel -- i feel a little redeemed, right? the schism between who they are and they reveal themselves to be -- and the hope that -- i guess that is it in theory. however, they are paranoid, insulated, thin-skinned, brittle partisan actors and one of them is married to a ringleader to the insurrection itself. was he there? did he have to be there? what did clarence thomas do? >> as he often does, he asked the first question. should he be there? no. what just happened to mark me
justice alito would refuse to leave office. therefore, we really have to be careful of letting, you know, overzealous, hyper partisan prosecutors beat up on them. the notion, as you heard in that quote from justice jackson, that is a scarier prospect than the stuff that we have already heard from president donald trump and we are hearing now about a next iteration of president donald trump. the notion that there is a real fear, the witch hunt, is bone- chilling and deeply surprising to those of...
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Apr 11, 2024
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bush was a vote for samuel alito. so yes. you can and should blame donald trump, but you should have to blame the people who voted for donald trump for president in 2016 and you have to blame the voters who voted for george w. bush and the voters who voted for george w. h. bush before that. because if dukasis or gore had won, donald trump could have put three right wing judges on the supreme court and they still wouldn't have a majority. for the voters who voted for joe biden four years ago and are no longer with us because they were lost to covid or cancer or other illness their votes are going to live after them another 30 years that ketanji brown jackson will serve on the united states supreme court. your vote will live after you. it will live in the supreme court. your vote will live on in the hands of federal judges. in their 40s appointed by joe biden who will serve for another 40 years. your vote will decide what century we live in. will we live in an age of legal and constitutional enlightenment or will we live in 186
bush was a vote for samuel alito. so yes. you can and should blame donald trump, but you should have to blame the people who voted for donald trump for president in 2016 and you have to blame the voters who voted for george w. bush and the voters who voted for george w. h. bush before that. because if dukasis or gore had won, donald trump could have put three right wing judges on the supreme court and they still wouldn't have a majority. for the voters who voted for joe biden four years ago and...
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Apr 24, 2024
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justice alito's decision really signals a willingness to go there. it essentially says if there is a tossup between having to choose between a woman's life and a fetus' life, it is up to the state who gets to win ou we know the case will likelyt. geoff: reverberate beyond idaho. sarah: texas has also sued around emtala. if idaho wins you can be sure that at least six states that do not have the health exception for the mother will follow idaho's lead. we are seeing this play out on the ground in emergency rooms. you would imagine those types of cases and women being turned away would just continue to escalate. geoff: sarah varney, thank you so much. sarah: thank you. ♪ amna: in the day's other headlines. president biden signed into law a massive foreign aid package after months of delay amid republican opposition. the $95 billion measure includes assistance to ukraine, israel, and taiwan. president biden celebrated the achievement today at the white house, saying it was long overdue. pres. biden: it was a difficult path. it should have been easier
justice alito's decision really signals a willingness to go there. it essentially says if there is a tossup between having to choose between a woman's life and a fetus' life, it is up to the state who gets to win ou we know the case will likelyt. geoff: reverberate beyond idaho. sarah: texas has also sued around emtala. if idaho wins you can be sure that at least six states that do not have the health exception for the mother will follow idaho's lead. we are seeing this play out on the ground...
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is this what he wanted when he chose samuel alito for the supreme court? or was george w. bush just playing the game of abortion politics? just like every republican did before him. the game was never to win. the game was to keep the game going. if you are antiabortion, you have to vote republican as long as they kept the game going. because they were the only ones who were at least pretending they wanted to stop it. equally, republican politicians didn't want abortion to stop, because then you wouldn't have to vote for them anymore to stop abortion. you wouldn't have to contribute money to their campaigns. you couldn't ask for a more powerful lesson in how much your vote matters, and how long your vote matters. your vote lives after you. long after you. millions of people who voted for george h.w. bush, and who therefore voted for clarence thomas to be on the supreme court to overturn roe versus wade, are now dead. millions of those voters have been dead for decades. their vote continues to live after them in the hands of clarence thomas on the united states supreme court
is this what he wanted when he chose samuel alito for the supreme court? or was george w. bush just playing the game of abortion politics? just like every republican did before him. the game was never to win. the game was to keep the game going. if you are antiabortion, you have to vote republican as long as they kept the game going. because they were the only ones who were at least pretending they wanted to stop it. equally, republican politicians didn't want abortion to stop, because then you...
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Apr 4, 2024
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justice alito? justice alito: what is the situation of people who have possessed bump stocksetween the time of the atf's new rule and the present day, or between the time of the new rule and the fifth circuit decision can they bprecuted? mr. fletcher: probablye unless they have gotten some jucial relief. the rule has not been vacated right large, so the government has been clear ts is what we think the statute means. justicalo: isn't that sturbing? people in the fifth circuit who have been possessing firearms since the beginning of 2023, let's say they are aware of the fifth circui's decision they can be crimill procud for doing something the court of appeals that governs their territory has said is not illegal. mrfletcher: i will give a practical answer and a doctrinal aner practically i am not aware of the prosecutions being brought because we recognize there is legal uncerin. that happens all the time, circuits disagree about what a criminalaweans a someone might do somhi they think is lawful und
justice alito? justice alito: what is the situation of people who have possessed bump stocksetween the time of the atf's new rule and the present day, or between the time of the new rule and the fifth circuit decision can they bprecuted? mr. fletcher: probablye unless they have gotten some jucial relief. the rule has not been vacated right large, so the government has been clear ts is what we think the statute means. justicalo: isn't that sturbing? people in the fifth circuit who have been...
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Apr 24, 2024
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justice alito? >> we have now heard -- let's see -- an hour and a half of nt on this case. in one potentially vy important phrase in emtala has hardly been mentioned. maybe it has not been mentioned at a. that is impala's reference to the woman's unbornld. isn't that an odd phrase to put in a statute that imposes a mandate to perform abortions? have you ever seen an abortion unborn child?uses the phrase >> it is not strange if you look at wt ngress was doing in 1989. there we cases where women were experiencing conditions where their own health was not in danger but the fetus was in wave distress and some people were not treating them. >> have you seen abortion statutes that use the phrase unborn child? doesn'at tell us something? x it tells uth congress wanted to expand the protections of pregnant women so they could get the same duty to stabilize when they have a conditionha is threatening the health of the unborn child. what it does not suggest is that congress simultaneously displace the independent pre-existing herself is facing grave life and health consequences. >> l
justice alito? >> we have now heard -- let's see -- an hour and a half of nt on this case. in one potentially vy important phrase in emtala has hardly been mentioned. maybe it has not been mentioned at a. that is impala's reference to the woman's unbornld. isn't that an odd phrase to put in a statute that imposes a mandate to perform abortions? have you ever seen an abortion unborn child?uses the phrase >> it is not strange if you look at wt ngress was doing in 1989. there we cases...
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Apr 14, 2024
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justice alito holds the seat congress created in 1837. i don't think he thinks he's unconstitutional. right. the point is not that he's wrong. the the point is that this is in the zeitgeist. but the point is that we have court today that believes it is not accountable to the other branches of government and believes it ought not to be accountable to the other branches of government and everything else that we see in the news flows from that. right. the court is not worried about congress, so it's perfectly to rip the heart out of statutory. right. the court is not worried about. so the justices don't care that much about ethics. right. i mean, there's just every single flash point for the supreme court. the court doesn't feel beholden to us. so they issue major rulings where they actually provide zero explanation. for in january, where you had a54 ruling allowing the biden administration to remove razor wire that greg abbott had placed along the us-mexico border in texas. when there's nary a word from, the majority or the dissent about, w
justice alito holds the seat congress created in 1837. i don't think he thinks he's unconstitutional. right. the point is not that he's wrong. the the point is that this is in the zeitgeist. but the point is that we have court today that believes it is not accountable to the other branches of government and believes it ought not to be accountable to the other branches of government and everything else that we see in the news flows from that. right. the court is not worried about congress, so...
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Apr 26, 2024
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. >> justice alito? >> when you say that the official action be eund from the indictment, that in itself would not achieve muchnls evidence of those ofcial acts were precluded at trial. that what you are saying, that prosecution should not be permitted at trial to prove the official acts as part of the conspiracies that are alleged? >> absolutely and that's the clear implications of brewster and johnson. >> thank you. >> i'm a little bit confused by that. gst if you have a he to defraud or a scheme to accept bribery, there is evidence from which you cainfer that screen -- that scheme and one is the appointment actually happened. it's an official act. you wouldn't expunge that as evidence. u uld instruct the jury that there is no viability for the actual appointment. the liability is forccting the bribe. similarly here, i don't think the indictment is charging that the obstructn curred solely because of conversations with the justice depame. they are saying you look at all of t pvate acts and you look in
. >> justice alito? >> when you say that the official action be eund from the indictment, that in itself would not achieve muchnls evidence of those ofcial acts were precluded at trial. that what you are saying, that prosecution should not be permitted at trial to prove the official acts as part of the conspiracies that are alleged? >> absolutely and that's the clear implications of brewster and johnson. >> thank you. >> i'm a little bit confused by that. gst if...