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Apr 23, 2024
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justice kagan: see, i'll -- ms. evangeli t second point -- justice kagan: -- i' tl you the truth, ms. capoor. i think that this is -- this is super-hard policy problem for all municipalities. and if you wereo me in here and you reo say, you know, we need certain protections to keep our streets safe and we can't have, you know, people sleeping anyplace that th wt and we can't have, you know, tent cities cropping up, i anthat would create one set of issues. but your ordinance goes way beyond that. your ordinance says as to a person -- and i unrstand that you think it's generally applicable, but only come up with this problem for a person who is homeless, who has the status of holeness, who has no other place to sleep, and your statute says that person cannot take himself and himself only and, yokn, can't take a blanket and sleep someplace without it being a crime. and -- an--nd that's, you know -- well, it just seems like robinson. it seems like you're criminalizing a status. ms. evangelis: well, it is not. and we agr
justice kagan: see, i'll -- ms. evangeli t second point -- justice kagan: -- i' tl you the truth, ms. capoor. i think that this is -- this is super-hard policy problem for all municipalities. and if you wereo me in here and you reo say, you know, we need certain protections to keep our streets safe and we can't have, you know, people sleeping anyplace that th wt and we can't have, you know, tent cities cropping up, i anthat would create one set of issues. but your ordinance goes way beyond...
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Apr 2, 2024
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chief justice roberts: justice kagan? justice kagan: mr. martinez, i want you to think of this from congress's perspective. so i was thinking what is the next big piece of legislation on the horizon and who knows, don't have a crystal ball, but i'm going to say -- i'm going to guess that it's artificial intelligence. so let's imagine congress enacts an artificial intelligence bill and it has all kinds of delegations, maybe it creates an agency for the purpose or maybe it uses existing agencies and it has all kinds of delegations to that agency or agencies about how to regulate artificial intelligence so that this nation can capture the -- the -- the opportunities but also meet the challenges of that. and then, just by the nature of things and especially the nature of the subject, there are going to be all kinds of places where, although there's not an explicit delegation, congress has in effect left a gap. it has created an ambiguity. and what congress is thinking is, do we want courts to fill that gap, or do we want an agency to fill that
chief justice roberts: justice kagan? justice kagan: mr. martinez, i want you to think of this from congress's perspective. so i was thinking what is the next big piece of legislation on the horizon and who knows, don't have a crystal ball, but i'm going to say -- i'm going to guess that it's artificial intelligence. so let's imagine congress enacts an artificial intelligence bill and it has all kinds of delegations, maybe it creates an agency for the purpose or maybe it uses existing agencies...
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Apr 25, 2024
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chief justice roberts: justice kagan? justice kagan: mr. turner, practicing medicine is hard, but erare standards of care, aren't there? mr. turner: ye tre are. justice kagan: and one of those standards of care with respect to abortion is that in certain tragic circumstances, as you urself, as your own state's law acknowledges, where a woman's life is pil and abortion is the appropriate standard of care, isn't that right? . rner: that's right. justice kagan: and emtala goes further. it says athe appropriate standard of care can't only be abouprecting a woman's life. ao has to be about protecting a woman's health. that's what emtala says, doesn't it mr. turner: no, it doesn't. it defines emergency medical condition with a broader set of triggering conditions, but the -- the key question here is what is the sbization requirement, and that is qualified by the availability term. justice kagan: the -- the stabilization requirement is -- is written in terms of making sure that a transfer wldot result in a material deterioration as to the emergenc
chief justice roberts: justice kagan? justice kagan: mr. turner, practicing medicine is hard, but erare standards of care, aren't there? mr. turner: ye tre are. justice kagan: and one of those standards of care with respect to abortion is that in certain tragic circumstances, as you urself, as your own state's law acknowledges, where a woman's life is pil and abortion is the appropriate standard of care, isn't that right? . rner: that's right. justice kagan: and emtala goes further. it says...
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Apr 1, 2024
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justice kagan? justice kagan: yeah. i'm just wondering, mr. stewart, you knowhooften this kind of thing comes up. you know, there are a lot naaq, lot of air pollutant stdas, and, presumably, there's a kind of constant altion by the epa of how to adjust those sndds and then what sips are -- what sips heritage reporting corraon need to chan and if -- if a fip is necessary. and thisee like a pretty regular part of the epa's busine a maybe a regular part of the d.c. circuit's business because that's true. and i'm -- i'm wondering if you would just say, is -- is -- there something unusual about this case? mr. stewart: i -- i mean, one of the ways in which this case is very differe fm eme homer is that in eme homer, you h t same pattern of epa rejecting 20-some state plans and then implementing a fedallan, and there were a very wide array of challenges to the feraplan in eme homer. they went through the d.c. circuit. they got utohis court. there -- there was very little litigation about the antecedent sip disapprovals. anso i think that that's one o
justice kagan? justice kagan: yeah. i'm just wondering, mr. stewart, you knowhooften this kind of thing comes up. you know, there are a lot naaq, lot of air pollutant stdas, and, presumably, there's a kind of constant altion by the epa of how to adjust those sndds and then what sips are -- what sips heritage reporting corraon need to chan and if -- if a fip is necessary. and thisee like a pretty regular part of the epa's busine a maybe a regular part of the d.c. circuit's business because...
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Apr 25, 2024
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in some states -- justice kagan: ok. i mean -- mr. turner: -- and the failure treat. justice kagan: -- we can jt take off the table this idea that, you know, just because it's a state and it's healthcare, that theedal government has nothing to say about it. the federal government has plenty to say abt in this statute. now, you' rht, now there's a question of what's the content of thistilization requirement. and f as i understood your opening remarks, you say, well, this is left to the states. but, if i'm just lki at the statute, the statute tells you what the contentf e stabilization requirement is. it's to provide such medical trtmt as may be necessary to assure within reasonable probability that no mateal deterioration of the condition is likely to occur if the person were transferred or didn't get care. so it tells yove clearly it's an objective standard. it's sically it -- you know, it's a standard that clearly ha referee accepted medical praccenot just whatever one doctor happens to think. but it's here is thcoent o
in some states -- justice kagan: ok. i mean -- mr. turner: -- and the failure treat. justice kagan: -- we can jt take off the table this idea that, you know, just because it's a state and it's healthcare, that theedal government has nothing to say about it. the federal government has plenty to say abt in this statute. now, you' rht, now there's a question of what's the content of thistilization requirement. and f as i understood your opening remarks, you say, well, this is left to the states....
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Apr 19, 2024
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chief justice roberts: justice kagan? justice gsuch? justice gorsuch: we've gone back and forth all morning about the standard. but you have a first amendment retaliation aiin this case, d we often look at retaliation in the title vii context. just the matter you desib, the effect it would have on a reasonable person in the circumstances do you see any daylight between those two anrds? mr. cole:n rms of defining what constitutes adverse action? justice gorsuch:ight. mr. cole: i'm not sure that there is. i don't know that for this case onhas to look very hard to see adverse action, when you see concerted campaign, milling dollars f -- million-dollar fis, and explicit threat to a major insurance provider, we are going to go hard on you if you don't cut your tiewi the nra . in that context this is clearly aerse action under title vii, under any english-languag understanding. justice gorsuch: retaliation is a familiaronpt in a lot of our case law. mr. cole: and i think, look -- justice gorsuch:hehave gray-area cases, all of them. mr. cole:
chief justice roberts: justice kagan? justice gsuch? justice gorsuch: we've gone back and forth all morning about the standard. but you have a first amendment retaliation aiin this case, d we often look at retaliation in the title vii context. just the matter you desib, the effect it would have on a reasonable person in the circumstances do you see any daylight between those two anrds? mr. cole:n rms of defining what constitutes adverse action? justice gorsuch:ight. mr. cole: i'm not sure that...
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Apr 24, 2024
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this is kagan mr. turner, practicing medicine as hard, but there are standards of care, aren't there? yes, there are. >> and one of those standards of care with respect to abortion is that in certain tragic circumstances? as you yourself, as your own state's law acknowledges where a woman's life is in parallel and abortion is the appropriate standard of care, isn't that right? >> that's right. >> and emtala goes further. it says that the appropriate standard of care and you've been listening to what supreme court arguments over the restrictive idaho abortion ban some of the justices going back-and-forth there. you could hear elana kagan sort of going after joshua turner, who was the attorney representing the state of idaho and all of this. let me go back to paula reid sagnol suitor, who are seated with me here in the studio paul, your your assessment of what we've been hearing so far? we did here, sam alito, a little while ago, one of the conservative justices sort of poking holes and some of the argum
this is kagan mr. turner, practicing medicine as hard, but there are standards of care, aren't there? yes, there are. >> and one of those standards of care with respect to abortion is that in certain tragic circumstances? as you yourself, as your own state's law acknowledges where a woman's life is in parallel and abortion is the appropriate standard of care, isn't that right? >> that's right. >> and emtala goes further. it says that the appropriate standard of care and you've...
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Apr 5, 2024
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justice kagan? >> there seems to be a fair bit of division and confusion about what bruen means and requires in the lower courts. i'm wondering if you think there is any useful guidance in addition to resolving this case, but any useful guidance we can give to lower courts about the methodology that bruen requires being used and how that applies to cases even outside of this one. >> yes. i think there are three fundamental errors in methodology the case exemplifies and we are seeing repeated and other lower courts and this provides an opportunity for the court to clarify bruen should not be interpreted in the way the respondent is jesting -- suggesting. the first error is the respondent asserted here and other courts embrace the idea that the only thing that matters under bruen's regulation. in other words, you can't look at other sources of history that usually bear on original meaning. i don't think that can be squared with this court's precedents which consulted a wide variety of historical sourc
justice kagan? >> there seems to be a fair bit of division and confusion about what bruen means and requires in the lower courts. i'm wondering if you think there is any useful guidance in addition to resolving this case, but any useful guidance we can give to lower courts about the methodology that bruen requires being used and how that applies to cases even outside of this one. >> yes. i think there are three fundamental errors in methodology the case exemplifies and we are seeing...
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Apr 27, 2024
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joining me now is robert kagan, columnist for the washington post and senior fellow at the brookings institution, author of the new book, rebellion, how anti-liberalism is tearing america apart again, which comes out on tuesday. as always, thank you very much for speaking with me and coming on the show. your argument emphasizes the decline in public virtue as a key factor behind the support for trump. explain what you mean by that. >> well, when the founders, when we fought the revolution, and the founders established the constitution, they were acutely conscious of the need to protect individual rights, which is what the revolution was about. they established a system unlike any other that had been established in history, one founded on the liberal principles that all human beings are equal and enjoy the same natural rights, and that it's the job of government to protect those rights. but they knew, and it was obviously true, that any americans didn't necessarily agree with those principles, but slaveholders for instance, or after the civil war, much of the south, which was implemen
joining me now is robert kagan, columnist for the washington post and senior fellow at the brookings institution, author of the new book, rebellion, how anti-liberalism is tearing america apart again, which comes out on tuesday. as always, thank you very much for speaking with me and coming on the show. your argument emphasizes the decline in public virtue as a key factor behind the support for trump. explain what you mean by that. >> well, when the founders, when we fought the...
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Apr 28, 2024
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in his latest piece for the washington post which is adapted from his forthcoming book, robert kagan writes it is what the founders worried about, and abraham lincoln warned about. a decline in what they called public virtue. they feared it would be hard to sustain popular support for the revolutionary liberal principles of the declaration of independence, and they worried that the virtuous love of liberty and equality would in time give way to narrow, selfish interests. 20 me now is robert kagan, columnist for the washington post, and a senior fellow at the brookings institution. he is the author of the new book rebellion, how anti-liberalism is tearing america apart again. which comes out on tuesday. as always, thank you very much for speaking with me and for coming on the show. your argument emphasizes the decline in public virtue as a key factor behind the support for trump. explain what you mean by that. >> well, when we fought the revolution and the founders set up the system and established the constitution, they were acutely conscious of the need to present and protect indivi
in his latest piece for the washington post which is adapted from his forthcoming book, robert kagan writes it is what the founders worried about, and abraham lincoln warned about. a decline in what they called public virtue. they feared it would be hard to sustain popular support for the revolutionary liberal principles of the declaration of independence, and they worried that the virtuous love of liberty and equality would in time give way to narrow, selfish interests. 20 me now is robert...
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Apr 26, 2024
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trump's lawyer and justice kagan about legal scenarios should a former president stage a coup. [video clip] >> how about if the president orders the military to stage a coup? >> i think that, as the chief justice pointed out earlier where there's a series of guidelines against that, so to speak, like the uc mj prohibits the military from following a plainly illegal act, that would fall outside. if you want to adopt the fitzgerald test that we advance that may well be an official act and i would have to say it has to be impeached and convicted before criminally prosecuted. >> he is gone, let's say, this president who ordered the military to stage an. he was not impeached. he could not be impeached. but he ordered the military to stage a coup. you are saying that's an official act? >> it would depend on the circumstances. if it were an official act -- >> what does that mean? he was the president, he 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 and i want to stage a coup. is that immune? >> there needs
trump's lawyer and justice kagan about legal scenarios should a former president stage a coup. [video clip] >> how about if the president orders the military to stage a coup? >> i think that, as the chief justice pointed out earlier where there's a series of guidelines against that, so to speak, like the uc mj prohibits the military from following a plainly illegal act, that would fall outside. if you want to adopt the fitzgerald test that we advance that may well be an official act...
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Apr 17, 2024
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one is the point of trying to make to justice kagan about this. this is the statute and generally at visual proceedings. and that was like 1519 or the ones that come right before that a more narrowly confined and intended to reflect these circumstances. that does not describe 1512 at all. they are trying to broadly private obstruction. then they say congress. in the middle of the statute. 1512 the has a much more minimal penalty. this is the most serious of instructionally killing a witness punishable by three years or up to life. quest the last question, there are six other counts of the camera here. this includes civil disorder. contact with the victim entering and remaining in a restrictive building and disorderly and destructive conduct in the capitol building. why are those discounts good enough from a justice department perspective? why don't they have any other hurdles? >> those cows don't fully reflect this on january 6. those cows do not require that petitioner acted and obviously the petitioner committed other crimes that we are seeking
one is the point of trying to make to justice kagan about this. this is the statute and generally at visual proceedings. and that was like 1519 or the ones that come right before that a more narrowly confined and intended to reflect these circumstances. that does not describe 1512 at all. they are trying to broadly private obstruction. then they say congress. in the middle of the statute. 1512 the has a much more minimal penalty. this is the most serious of instructionally killing a witness...
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Apr 4, 2024
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that was justice kagan's point. when we t em together, the work of the function of the igr, i think, could be to start the chemical reaction that then results in the totic, more than one shot coming out of the gun. why can't i interpret it that way? >> if that were actually happening, then i think you would have a plausible argument for is is a machine gun. that's not the way itor. >> that's because you're reting the statute to say it has to be about the mechanics. >> no. >> what i'm trying to understand is how that's consistent with congress putting modific in here. >> i'm just saying -- >> can i just change a little bit? if you're right that congress cared about y the mechanisti operation, then i'm confused as to why this statute also tbout modifications. because that suggests that ss was not hung up on exactly how this gun operates. we're sweeping inllinds of things, things that originally weren't designed to work this waat all, right? we're allowing for machine guns to ilu things that can modify something that d
that was justice kagan's point. when we t em together, the work of the function of the igr, i think, could be to start the chemical reaction that then results in the totic, more than one shot coming out of the gun. why can't i interpret it that way? >> if that were actually happening, then i think you would have a plausible argument for is is a machine gun. that's not the way itor. >> that's because you're reting the statute to say it has to be about the mechanics. >> no....
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Apr 16, 2024
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. >> respectfully, justice kagan, the statute tells you what the effect is. the conduct that is specified in c1 is altering, destroying, mutilating, concealing a document or other object. so a draft of the statute could easily omit something like that and would omit something like that for the sake of economy. we know that what comes before might not be exactly the same as after. we are not going to repeat what we said there, but we will use a connector like otherwise to demonstrate that we are talking about similar conduct. i would submit, your honor, if you look at c2 alone -- >> what is your best case for this going backward and trying to find language that does not appear in the otherwise provision and trying to incorporate it into the otherwise provision. that is not a very good advertisement. what legate does is exactly that . you had a good case there and it was complete failure. they so we looked back at this thing that congress did not. we put it in. it was violent and aggressive. so they said where does that come from. we made it up but it is not a
. >> respectfully, justice kagan, the statute tells you what the effect is. the conduct that is specified in c1 is altering, destroying, mutilating, concealing a document or other object. so a draft of the statute could easily omit something like that and would omit something like that for the sake of economy. we know that what comes before might not be exactly the same as after. we are not going to repeat what we said there, but we will use a connector like otherwise to demonstrate that...
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Apr 20, 2024
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the kagan gold rally raid started in astrakhan. already the thirteenth in a row. the starting point for the crew of the first race was the volga embankment. in total , more than 60 teams will take part in the competition. suvs, buggies and trucks, and another 30 people on motorcycle atvs. the race will last 4 days, during which time the athletes will cover more than a thousand km, including along high-speed, steppe and sandy routes. the race promises to be interesting, i want to wish everyone interesting roads and that emotionally and technically everyone corresponds to the level that is the meaning of the kagan gold race. once again, i congratulate everyone on this significant event, this holiday, this holiday. motorcycle and motorsport. april 20 was held throughout the country monthly all-russian reception of citizens by ldpr deputies, in moscow it was held by the chairman of the party, leonid slutsky. every month we hold an all-russian reception of citizens by ldpr deputies of all levels. every month more and more people turn to us, since the ldpr solves both s
the kagan gold rally raid started in astrakhan. already the thirteenth in a row. the starting point for the crew of the first race was the volga embankment. in total , more than 60 teams will take part in the competition. suvs, buggies and trucks, and another 30 people on motorcycle atvs. the race will last 4 days, during which time the athletes will cover more than a thousand km, including along high-speed, steppe and sandy routes. the race promises to be interesting, i want to wish everyone...
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Apr 6, 2024
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justice kagan? >> i just want to understand your position and i want to narrow this to the paradigmatic social media companies, newsfeed postings, facebook, youtube, twitter/x. suppose that i say, take this as a given, you can argue with the fact is, but don't. [laughter] suppose that i say for the most part, all these places say we are open for business, post whatever you like and we will host it. but there are exceptions to that and clearly content based exceptions which the companies take seriously. let's say we think that misinformation of particular kinds is extremely damaging to society. misinformation about voting, about certain public health issues. so we also think hate speech or bullying is extremely problematic, so we are going to enforce rules against this. if they will only apply to a small percentage of the things people want to post, for the most part they are open for business. but we are serious about those content-based restrictions. so in that world, why isn't a classic first amen
justice kagan? >> i just want to understand your position and i want to narrow this to the paradigmatic social media companies, newsfeed postings, facebook, youtube, twitter/x. suppose that i say, take this as a given, you can argue with the fact is, but don't. [laughter] suppose that i say for the most part, all these places say we are open for business, post whatever you like and we will host it. but there are exceptions to that and clearly content based exceptions which the companies...
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Apr 25, 2024
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. >> reporter: justice elena kagan pointed to history. >> the framers did not put an immunity clause into the constitution. wasn't the whole point that the president was not a monarch, and the president was not supposed to be above the law? >> reporter: and justice ketanji brown jackson asked if there is no accountability, what would stop a president from "turning the oval office into the seat of criminal activity in this country." >> if the potential for criminal liability is taken off the table, wouldn't there be a significant risk that future presidents would be emboldened to commit crimes with abandon while they're in office? >> reporter: but conservative justices, while not embracing the full trump argument, made the case that presidents need some protection from criminal prosecution. >> presidents have to make a lot of tough decisions about enforcing the law and they have to make decisions about questions that are unsettled. did i understand you to say, well, you know, if he makes a mistake, he makes a mistake, he's subject to the criminal laws just like anybody else? you don't
. >> reporter: justice elena kagan pointed to history. >> the framers did not put an immunity clause into the constitution. wasn't the whole point that the president was not a monarch, and the president was not supposed to be above the law? >> reporter: and justice ketanji brown jackson asked if there is no accountability, what would stop a president from "turning the oval office into the seat of criminal activity in this country." >> if the potential for...
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Apr 25, 2024
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professor, elena kagan, and i'm listening to this as a regular schmuck. i'm not a lawyer, although i hang out with them on tv. but even listening to it, i didn't even hear them try on the conservative side to make a constitutional argument. once or twice they said marberry v. madison, but they weren't even trying to pretend they had some basis in the constitution for what they were saying. they were just saying, maybe if we remanded, how would this help us? they were just trying to help trump's lawyers with the case to the point where elena kagan got the trump lawyer to admit that he thought a coup, staging a coup, would be legal. your thoughts. >> yeah, that was actually, you're hitting the nail on the head. that because the most alarming part of the oral arguments that the conservative justices were putting before trump's lawyer. he was completely unfazed by that. this kind of normalizes extremism. in the d.c. sirked, the killer question that judge florence pan asked of trump's lawyer, if the president ordered s.e.a.l. team six to assassinate a politica
professor, elena kagan, and i'm listening to this as a regular schmuck. i'm not a lawyer, although i hang out with them on tv. but even listening to it, i didn't even hear them try on the conservative side to make a constitutional argument. once or twice they said marberry v. madison, but they weren't even trying to pretend they had some basis in the constitution for what they were saying. they were just saying, maybe if we remanded, how would this help us? they were just trying to help trump's...
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Apr 6, 2024
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justice kagan? justice kavanaugh? >> upon the deference to the legislative findings point, my memory is that there is a trial. >> yes, that's turner 2. maybe there will be a paxton 2. >> right, but there was't just congress said this, that is good to go, there was a trial about th? >> sure, we are happy to go to trial. >> that is all i wanted to ask. >> on common carrier, if a company says we are not a common carrier and we don'want to be, can the state make them into a common carrier? >> that's a great question. that was the first question i had when i ce this case. the answer is no. if you are not a common carrier, yocaot become one. that is why it is important to think of it as a compass to tell you where the line is. i would urge the courtf u are interested, we he lked about reading the professor's article. e ing that struck me as strange was wait, they have terms of service allow can they be a common rrr? th crt addressed that very problem, the case that he cited is new york central v. lockwood from 1873 wherthco
justice kagan? justice kavanaugh? >> upon the deference to the legislative findings point, my memory is that there is a trial. >> yes, that's turner 2. maybe there will be a paxton 2. >> right, but there was't just congress said this, that is good to go, there was a trial about th? >> sure, we are happy to go to trial. >> that is all i wanted to ask. >> on common carrier, if a company says we are not a common carrier and we don'want to be, can the state make...
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Apr 30, 2024
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this book is -- you are speaking my inner thoughts with this, robert kagan. i believe everyone should read this book. it is super important. if you don't know the '20s, you don't know this era. thank you, sir. best of luck with the book. >>> coming up, pro-palestinian and anti-war protests and the response has continued to escalate with columbia students now occupying an administrative building. a live report from that campus next. i was scared when i was told age related macular degeneration could jeopardize my vision. it was hard, but taking preservision was easy. preservision has the exact clinically proven areds 2 formula recommended by the nei. i'm taking control like millions of others. only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine. memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our memorial day sale. visit purple.com or a store near you shop etsy until may 12th for up to 30% off special mother's day gifts that go beyond the usual su
this book is -- you are speaking my inner thoughts with this, robert kagan. i believe everyone should read this book. it is super important. if you don't know the '20s, you don't know this era. thank you, sir. best of luck with the book. >>> coming up, pro-palestinian and anti-war protests and the response has continued to escalate with columbia students now occupying an administrative building. a live report from that campus next. i was scared when i was told age related macular...
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Apr 18, 2024
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justice kagan: isn't the issue of coercion different than the firsamdment question? you are relng think bantam books, is that correct? mr. cole: y. >> as i read that case, there were two this going on. there was unconstitial prior restin and the court recognized that, a tre was the limitation of the unconstitutional restraint through the means of government coercion. if i'm right about that in terms of how we should be inking about bantam books, then don't we have two different questions here, the first being did vullo actually coerce any regulad entits to do something vis-a-s e n, d then was that something a violation of ther's first amendment rights, say through retaliation or censorship, the two first amendment theories i pick up from your complaint? mr. cole: justice jackson, i thk what bantam books stands for is government officials are free to encourage people tta down speech or to penalize a ou what they are not free to do is to use coercion to that end. here there is no questioon this record that they encouraged people to punish the nra ecisely because, and o
justice kagan: isn't the issue of coercion different than the firsamdment question? you are relng think bantam books, is that correct? mr. cole: y. >> as i read that case, there were two this going on. there was unconstitial prior restin and the court recognized that, a tre was the limitation of the unconstitutional restraint through the means of government coercion. if i'm right about that in terms of how we should be inking about bantam books, then don't we have two different questions...
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Apr 23, 2024
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here is justice kagan. >> that is the status. a single person with a blanket. >> you can say breathing is conduct too. but you would not think it is ok to criminalize breathing in public. for a homeless person that has no place to go, sleeping in public is kind of like breathing in public. the statute says that person cannot take himself and himself only -- can't take a blanket and sleep someplace. >> was to be take away from that? question when arguments, it was pretty clear. they were sympathetic to the homeless because they do feel that they are being punished on the basis of their status. i think justice kagan really explained that as clearly as she could, or position here. and yet the city continues to claim it is not punishing status, it is punishing conduct. >> meantime, the chief justice appeared to press the biden administration to file an amicus brief in support of the homeless parties of this case. >> 10 minutes away. they just completed building a homeless shelter. does that change the analysis here was to mark becaus
here is justice kagan. >> that is the status. a single person with a blanket. >> you can say breathing is conduct too. but you would not think it is ok to criminalize breathing in public. for a homeless person that has no place to go, sleeping in public is kind of like breathing in public. the statute says that person cannot take himself and himself only -- can't take a blanket and sleep someplace. >> was to be take away from that? question when arguments, it was pretty clear....
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Apr 2, 2024
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>> justice kagan , i do not agree with you that the law runs out, even though there is an agency there. i would give you this, if i did i would say at that point let's give the tie to the citizen. let's not give the tie to the agency. >> i don't think is what we would do. you will give the tie to the citizen and i to the agency. chevron is about what congress want. you can call it fictional all you want, and we have lots of presumptions that operate with respect to statutory interpretation. this is just one of them. it is just saying congress understands as well as anybody different institutional's comparative attributes and virtues. it does not want courts making, i mean it is law, but it is policy laden judgments. once congress cannot find direction. >> if we want to talk about what congress wants we probably should advert to the fact that we do have an amicus briefing in this case from the house. it does not want chevron. >> it has total control over chevron. it can reverse it tomorrow with respect to any titular statute and with respect to statue generally and it hasn't. for 40 yea
>> justice kagan , i do not agree with you that the law runs out, even though there is an agency there. i would give you this, if i did i would say at that point let's give the tie to the citizen. let's not give the tie to the agency. >> i don't think is what we would do. you will give the tie to the citizen and i to the agency. chevron is about what congress want. you can call it fictional all you want, and we have lots of presumptions that operate with respect to statutory...
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Apr 26, 2024
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justice kagan is correct they didn't use the word immunity. trump's team pushes back the vesting of executive power in the president itself imply indicates immunity because congress cannot enact a law that criminalizes the president's performance with his core responsibilities. so i think what will happen here is two-fold. one is you have to decide how far outside the core of the president's duties the immunity extends. and the second thing is because the d.c. circuit did not go through the mental acrobatics of trying to figure out which acts in the indictment are private and don't have immunity and which are official and do, that has to be done. so i would anticipate that they may send the case back to the judge with instructions to sort out what's official and what is not? >> julie: i get word they have resumed the trial. david pecker on the stand, the former publisher for the "national enquirer." first let's talk about his testimony yesterday because this is where the prosecution must prove that this money that was paid was, in fact, intent
justice kagan is correct they didn't use the word immunity. trump's team pushes back the vesting of executive power in the president itself imply indicates immunity because congress cannot enact a law that criminalizes the president's performance with his core responsibilities. so i think what will happen here is two-fold. one is you have to decide how far outside the core of the president's duties the immunity extends. and the second thing is because the d.c. circuit did not go through the...
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Apr 28, 2024
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so, in declining to look at or see what jackson and kagan and others were saying over and over about what happened that day with trump, as you said -- they flipped the whole thing on its head and it turned into a deeply, deeply strange referendum on whether it is worse to go after president donald trump for what he did or to allow prosecutors to viciously overprosecute presidents with big statutes. i think i counted maybe five votes for the proposition that we would not want to chill presidents from crime because they might get really mad after. 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 wi
so, in declining to look at or see what jackson and kagan and others were saying over and over about what happened that day with trump, as you said -- they flipped the whole thing on its head and it turned into a deeply, deeply strange referendum on whether it is worse to go after president donald trump for what he did or to allow prosecutors to viciously overprosecute presidents with big statutes. i think i counted maybe five votes for the proposition that we would not want to chill presidents...
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Apr 22, 2024
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justice kagan explained that as clearly as she could. yet the city continues to claim it is not punishing status, it is publishing -- punishing conduct. the camping in public spaces. >> the chief justice appeared to press the biden administration who filed an amicus brief in support of the homeless parties in the case. here's what he had to say. >> if there is a -- the town next to grants pass, 10 minutes away, has just completed building a homeless shelter that has many vacant beds, does that change the analysis here? because you don't want to be taken 10 minutes away where there's a homeless shelter? >> i think, if they're right across the town line, it would be appropriate to take into account that there's a homeless shelter there. >> so what if it's 30 miles away? is the shelter available in that case for your purposes? >> depends on accessibility. >> how far does that go? let's say there are five cities around and they all have shelters and yet the person wants to stay. geoff: help us understand his concerns. >> he was trying to pro
justice kagan explained that as clearly as she could. yet the city continues to claim it is not punishing status, it is publishing -- punishing conduct. the camping in public spaces. >> the chief justice appeared to press the biden administration who filed an amicus brief in support of the homeless parties in the case. here's what he had to say. >> if there is a -- the town next to grants pass, 10 minutes away, has just completed building a homeless shelter that has many vacant...
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Apr 17, 2024
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it's between the chief justice and justice kagan about how they think the statute should apply. i do think it is important and you're probably going to go there next to say that whatever happens in this case does not necessarily dictate what will happen in the jack smith case brought against donald trump. >> you can't be taking our producers jobs. i have to admit that as a nonlawyer the fact that the word otherwise does the word in the statute that took up so much time today was surprising. to your point about donald trump the lawyer for the january 6 defendant argued his client didn't obstruct and is doing so requires manipulating evidence or a document in some way. this is how we frame that. take a listen. >> this statute prohibits operation on specific evidence in some way shape or form. attempting to stop a vote count or something like that is a very different act than actually changing a document or altering a document or creating a fake new document. >> he's obstructing evidence. >> he's saying they are creating a fake document. if the justices agree with that interpretati
it's between the chief justice and justice kagan about how they think the statute should apply. i do think it is important and you're probably going to go there next to say that whatever happens in this case does not necessarily dictate what will happen in the jack smith case brought against donald trump. >> you can't be taking our producers jobs. i have to admit that as a nonlawyer the fact that the word otherwise does the word in the statute that took up so much time today was...
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Apr 24, 2024
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they talked a little bit about it in the sound we played with justice kagan in the opening part. they talk about women at risk of losing their ability to have children at all going forward, having ectopic pregnancies, the risk of sepsis proving again that for millions of people this is not just something that might happen. it is something that has happened to them. did the justices seem to be responding to those real world examples? >> they certainly did, especially when it came to justice kagan, justice sotomayor, and justice ketanji brown jackson. they said specifically what happens if a woman comes in and she's very sick, but she's not at death's door but she ends up getting so sick she loses her organs, loses her fallopian tubes or a hysterectomy, her future fertility is impacted because doctors weren't able to give her the care they needed. what if someone was having chest pains versus a heart attack. that's what we're talking about. they said if that person walked into an emergency room, doctors would say, okay, you're having chest pains. it's getting worse, we should make
they talked a little bit about it in the sound we played with justice kagan in the opening part. they talk about women at risk of losing their ability to have children at all going forward, having ectopic pregnancies, the risk of sepsis proving again that for millions of people this is not just something that might happen. it is something that has happened to them. did the justices seem to be responding to those real world examples? >> they certainly did, especially when it came to...
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Apr 25, 2024
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law either in his official or private it i think that is an assumption of the constitution justice kagan, mr. dreaming, i want to go through your framework and make sure i understand ended. >> so first on the small category of things that you say have absolute protection, that they are core executive functions? yes what are those small? >> categories pardon, power, art in veto, veto, foreign recognition appointments. >> congress cannot say you can't appoint a federal judge who hasn't received a certainly diploma. it hasn't achieved a certain age there are a few other powers as commander in chief, commander in chief has on the list, but i want to add to my answer on that, the congress has substantial authority in the national security realm. congress declares war, it raises armies who has power over the purse? that's more may be viewed as not really in that core set of functions which nobody has any power, but the president over. >> yes. i think that there may be some aspects like director i think troops on the field in which the president's power is completely on more viewable, okay. >>
law either in his official or private it i think that is an assumption of the constitution justice kagan, mr. dreaming, i want to go through your framework and make sure i understand ended. >> so first on the small category of things that you say have absolute protection, that they are core executive functions? yes what are those small? >> categories pardon, power, art in veto, veto, foreign recognition appointments. >> congress cannot say you can't appoint a federal judge who...
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Apr 24, 2024
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but i just wanted to say one last thing about the and a concern that justice elena kagan raised about how this plays out on the ground. even some of the conservatives who are in the middle of the court, like rick kavanaugh and amy coney barrett, they seem to be a little concern there, but bottom line, the justices have already allowed this idaho ban to take effect. >> joan biskupic really intense arguments before the court. we appreciate you bringing us up to speed. let's turn now to jessica levenson. she's a law professor at loyola law school, also the host of the passing judgment podcast thanks so much for being with us, jessica, i am curious to get your perspective on the fact that idaho's attorneys are viewed that this federal reading of the law doesn't conflict with the state's law. the federal government through the solicitor general, argued that there is a conflict even though it is narrow where do you come down on this? >> well, i think this is exactly what you have to argue either if you're the government, the federal government's attorney, or the state government's attorney
but i just wanted to say one last thing about the and a concern that justice elena kagan raised about how this plays out on the ground. even some of the conservatives who are in the middle of the court, like rick kavanaugh and amy coney barrett, they seem to be a little concern there, but bottom line, the justices have already allowed this idaho ban to take effect. >> joan biskupic really intense arguments before the court. we appreciate you bringing us up to speed. let's turn now to...
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Apr 20, 2024
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the kagan gold rally raid started in astrakhan for the thirteenth time in a row. the departure point for the crews of the first race was the volga embankment. total. meet new limited designs of sbercards and stickers, apply for them on the website or in the sberbank online application, enjoy them every day, it’s just space. well, debts on credit cards are hanging, interest is dripping, you need a handyman, you take out credit cards, transfer the debts to kholva, you divide it into 24 months, you can conveniently repay it, shopping or getting rid of credit card debts is easy with kholva. on easter, the russian lotto unites people, when we are together, our help is greater, in the charity easter draw, from each ticket sold, 10 rubles will be transferred to charitable causes, we will draw thousands of cash prizes, every second ticket wins, one of my friends decided to relax in a place where there is no connections, look, it’s a hatch from monaco, it’s catching here. in terms of coverage and speed, buddy, hi, how's it going? i promised, today we’re cooking pil
the kagan gold rally raid started in astrakhan for the thirteenth time in a row. the departure point for the crews of the first race was the volga embankment. total. meet new limited designs of sbercards and stickers, apply for them on the website or in the sberbank online application, enjoy them every day, it’s just space. well, debts on credit cards are hanging, interest is dripping, you need a handyman, you take out credit cards, transfer the debts to kholva, you divide it into 24 months,...
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the framers knew this to be true, so justice kagan says -- actually let's play it. i want to hear what she says about what the framers could have done about immunity for the president. >> the framers did not put an immunity clause into the constitution. they knew how to. there were immunity clauses and some state constitutions. they knew how to give legislative immunity. they didn't provide immunity to the president. and, you know, not surprising they were reacting against a monarch who claim to be above the law. wasn't the whole point of the president was not a monarch and the president was not supposed to be above the law? >> she puts it simply that we already had a guy who was above the law. we already had somebody immune to prosecution, because that is what the monarchy was and a lot of americans lost their lives to fight against that idea. >> yeah, but the context for this is we have a former president who staged, incited a coup and is running again as the front-runner and is saying that he deserves immunity. that he should not be accountable to the law. is say
the framers knew this to be true, so justice kagan says -- actually let's play it. i want to hear what she says about what the framers could have done about immunity for the president. >> the framers did not put an immunity clause into the constitution. they knew how to. there were immunity clauses and some state constitutions. they knew how to give legislative immunity. they didn't provide immunity to the president. and, you know, not surprising they were reacting against a monarch who...
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. >> justice kagan had that same kind of line of questioning with trump's attorney. glen, how do you see that line of questioning and what does it tell you about the possible decisions that both coney barrett and kagan could have on this? >> yeah, great question, jose. that was an important concession by donald trump's attorney. and what it means is that there is an opportunity for the trial to move forward, even if only on those things that the attorney conceded were not official acts. so, even under donald trump's theory, as articulated through his attorney, the prosecution could proceed on those nonofficial acts. of course, that would only be giving jack smith half a loaf with respect to the crimes that he has indicted and the crimes that should be resolved with a trial. but here is the challenge. all of these discussions are purely academic because even if donald trump's defense attorney agreed, yeah, the charges with -- relating to these nonofficial acts could move forward, they can't move forward until the supreme court gives judge tanya chutkan the case back s
. >> justice kagan had that same kind of line of questioning with trump's attorney. glen, how do you see that line of questioning and what does it tell you about the possible decisions that both coney barrett and kagan could have on this? >> yeah, great question, jose. that was an important concession by donald trump's attorney. and what it means is that there is an opportunity for the trial to move forward, even if only on those things that the attorney conceded were not official...
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i want to play for you some sound from elena kagan in particular on this issue. take a listen. >> idaho is saying unless the doctor can say in good faith that this person's death likely as opposed to serious illness, they can't perform the abortion. so i don't know your argument about state licensing law because this is what this law does. it tells states your licensing laws can't take out objective medical conditions that could save a person from serious injury or death. >> now, the lawyer for idaho has been saying that doctors really need to rely on their good faith medical expertise. he also said that he can't think of any cases where a woman's organs or health might be at risk. i've been talking to doctors where women might lose their fallopian tubes. definitely an issue as argues continue. >> yamiche alcindor, thank you very much. >>> also at the supreme court, preparations for the high stakes session tomorrow where justices will hear arguments over donald trump's presidential immunity claim, and the question at the heart of this issue is can a former presid
i want to play for you some sound from elena kagan in particular on this issue. take a listen. >> idaho is saying unless the doctor can say in good faith that this person's death likely as opposed to serious illness, they can't perform the abortion. so i don't know your argument about state licensing law because this is what this law does. it tells states your licensing laws can't take out objective medical conditions that could save a person from serious injury or death. >> now,...
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Apr 26, 2024
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host: justice kagan said that the founders did but the immunity clause in the constitution and they meant not to because we would've gotten rid of the king. guest: i guess the response to that would be immunity flows from the constitution that he has prerogatives as president of the united states, the executive power resides in him. who can check him beyond the processes envisioned in the constitution, which specifically is impeachment. host: we are taking calls for tom fitton, president of judicial watch. you can call republicans (202) 748-8001, democrats (202) 748-8000, an independents (202) 748-8002. talking about the 2024 election, this is on your websites. there are several lawsuits about judicial watches for 2024. you can see it here on judicialwatch.org. illinois, forced cleanup of voter rolls. tell us about why you're doing those lawsuits and what do you hope to gain from that? guest: the first lawsuit is about illinois and we have had many lawsuits over the years to clean up election roles. federal law requires states to take reasonable steps to clean up election rolls. we look a
host: justice kagan said that the founders did but the immunity clause in the constitution and they meant not to because we would've gotten rid of the king. guest: i guess the response to that would be immunity flows from the constitution that he has prerogatives as president of the united states, the executive power resides in him. who can check him beyond the processes envisioned in the constitution, which specifically is impeachment. host: we are taking calls for tom fitton, president of...
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justice kagan with the counsel . what he is saying is the idea of anyone actually trying a coup to stay in prowler -- that's crazy. that's crazy. so extreme we don't have to worry about a hypothetical like that. it's partisan strife. conflict between political parties. that's the biggest risk not this crazy idea of a potential coup. justice kagan said yeah, okay, but maybe tyranny. maybe a tyrant unbound by law running with impunity. maybe that would be bad for us and maybe that's why we were formed as a constitutional republic. as a general matter. it's folly to extrapolate from oral arguments and say you know how the ruling will come down based on the comments from the justices when the case was heard. with that caveat, it seemed clear today that the most conservative justices were inclined to side with trump, not just on a technicality but possibly on substance. justice clarence thomas suggesting presidents are always committing crimes. shout- out operation mongoose from justice clarence thomas today. justice bret
justice kagan with the counsel . what he is saying is the idea of anyone actually trying a coup to stay in prowler -- that's crazy. that's crazy. so extreme we don't have to worry about a hypothetical like that. it's partisan strife. conflict between political parties. that's the biggest risk not this crazy idea of a potential coup. justice kagan said yeah, okay, but maybe tyranny. maybe a tyrant unbound by law running with impunity. maybe that would be bad for us and maybe that's why we were...
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Apr 25, 2024
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well, i think that justice kagan is making the point that these abortion bans have already made pregnancy more dangerous. and when you have complications, the ability he of emergency providers and hospitals to actually get access in the immediate two patients that they need is they essentially have to call it lawyers and administrators before they do that. we know that in idaho there have been labor and delivery wards that have closed down and as she referred to they've had to resort to air lifting patients out of state once a week. they said they are sending patient devastate and this is from the attorney that was arguing the case today. the real implication is that you have providers who have to second guess but how they treat pregnant people that walk into the emergency rooms for their care and the implications of what that means, right? not just for the life of the parent, but for the pregnancy itself and for future fertility to hear the justices argue about the impact two organs. how many organs being impacted is enough for you to provide a standard of care really should be shocking
well, i think that justice kagan is making the point that these abortion bans have already made pregnancy more dangerous. and when you have complications, the ability he of emergency providers and hospitals to actually get access in the immediate two patients that they need is they essentially have to call it lawyers and administrators before they do that. we know that in idaho there have been labor and delivery wards that have closed down and as she referred to they've had to resort to air...
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Apr 23, 2024
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justice elena kagan suggested that grants passes laws went too far. it seems like you're criminalizing the status, but chief justice john roberts asked if homelessness should be a constitutionally protected status if someone is homeless for a week. >> finds available is that person homeless when he's in the shelter. this case comes after a lower court ruled in favor of the homeless population, calling it a cruel and unusual punishment to fine in jail. someone who doesn't have anywhere else to go grants pass lawyers urge justices to overrule that decision which has fueled the spread of encampments while harming sos. >> it purports to protect california. republican congressman kevin kiley says he's een the impact in his own state. kids can't walk to school without having needles or waste citizens can to the park without confronting open drug use. kylie says a ruling in favor of grants pass would help other cities better handle homelessness. a decision on this case is expected later this year in washington. i'm maddie beer-temple. meantime, california pr
justice elena kagan suggested that grants passes laws went too far. it seems like you're criminalizing the status, but chief justice john roberts asked if homelessness should be a constitutionally protected status if someone is homeless for a week. >> finds available is that person homeless when he's in the shelter. this case comes after a lower court ruled in favor of the homeless population, calling it a cruel and unusual punishment to fine in jail. someone who doesn't have anywhere...
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Apr 24, 2024
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it just seems like just kind of ridiculous moment that we are in justice kagan laid out the impact idaho's abortion ban is already having in the state's largest emergency room. listen to this the hospital that has the greatest emergency room services in idaho has just in the few months that this it has been in place had to airlift six pregnant women to neighboring states, whereas in the prior year, they did one the entire year. >> it's become transfer is the appropriate standard of care in idaho, but can't be the right standard of care to force somebody onto a helicopter. >> alexis, help us better understand the reality on the ground in states like idaho, just how difficult has it become for women to get emergency reproductive care? >> well, i think that justice kagan is making the point that these abortion bans have already made pregnancy more dangerous. and when you have complications, the ability of emergency providers and hospitals to actually get access in the immediate to patients that they need is they essentially have to call lawyers and administrators before they do that. we know
it just seems like just kind of ridiculous moment that we are in justice kagan laid out the impact idaho's abortion ban is already having in the state's largest emergency room. listen to this the hospital that has the greatest emergency room services in idaho has just in the few months that this it has been in place had to airlift six pregnant women to neighboring states, whereas in the prior year, they did one the entire year. >> it's become transfer is the appropriate standard of care...
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Apr 28, 2024
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. >> justice kagan? >> to continue on in justice barrett's vein and ask you about some of the allegations of the indictment and whether they are official acts were not in your view. the defendant signed a verification affirming full selection of fraud allegations made on his behalf on a lawsuit filed in his name against the georgia governor. >> i don't think we've disputed that. that is unofficial. >> same for the defendant calling the chairwoman of the republican national committee asked her to gather electors and targeted states falsely represented that such electors votes would be used only of ongoing litigation and one of the states changed the results of the defendants favor? >> we have taken the position that that's official. >> why would that be official? >> it's based on the historical example of president grant and it's something that was done pursuant to the exercise of the core recommendation clause power. >> couldn't he have taken this action just in the status of a candidate? >> the fact tha
. >> justice kagan? >> to continue on in justice barrett's vein and ask you about some of the allegations of the indictment and whether they are official acts were not in your view. the defendant signed a verification affirming full selection of fraud allegations made on his behalf on a lawsuit filed in his name against the georgia governor. >> i don't think we've disputed that. that is unofficial. >> same for the defendant calling the chairwoman of the republican...
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Apr 25, 2024
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>> so this would fall into that small core area that i mentiod to justice kagan or justice gorsuch of presidential possibility that congress cannot regulate. >> how about president obama's drone strikes? >> if the office of legal counselked at us. carefully determined that number e, the federal murder state does apply to the executive branch, the presiden would be personally carrying out the straight, but the aidin abetting laws are broad and it is deternethat a public authorit exception that is built in stus and that applies particularly to the inverter statute talksbo unlawful killing not apply to the drone strike. so this is actually the way that the system can function. the department of justice takes it runs through the analysis. very carefully with established prcies. it documtshem, explains them, and then t psident can go forward in accord. >> thank you for your answers. >> i want to pick up with that blic authority defense. i'm looking at that llc memo at you cited in your briefs. he describes the public authority defense setting e model penal code with a few different definit
>> so this would fall into that small core area that i mentiod to justice kagan or justice gorsuch of presidential possibility that congress cannot regulate. >> how about president obama's drone strikes? >> if the office of legal counselked at us. carefully determined that number e, the federal murder state does apply to the executive branch, the presiden would be personally carrying out the straight, but the aidin abetting laws are broad and it is deternethat a public...
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Apr 23, 2024
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justice elena kagan suggested grants passes laws went too far. but chief justice john roberts asked if homelessness should be a constitutionally protected status. >> it seems like you're criminalizing the status. if someone is homeless for a week. finds available is that person homeless when he's in the shelter? >> this case comes after a lower court ruled in favor of the homeless population, calling it cruel and unusual punishment to fine and jail. someone who does not have anywhere else to go here in the bay area. the city of san francisco says it's been blocked from enforcing camping regulations because the city doesn't have enough shelter space for its full homeless population. a decision on the case is expected later on this year. >> you won't be able to pay to skip the tsa line at california. airports of a new bill passes in sacramento right now. clear customers can pay $189 a year to avoid the tsa's regular and precheck lines at many airports clear users are escorted past people who don't pay for the service. the new bill would ban that pr
justice elena kagan suggested grants passes laws went too far. but chief justice john roberts asked if homelessness should be a constitutionally protected status. >> it seems like you're criminalizing the status. if someone is homeless for a week. finds available is that person homeless when he's in the shelter? >> this case comes after a lower court ruled in favor of the homeless population, calling it cruel and unusual punishment to fine and jail. someone who does not have...
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Apr 26, 2024
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justice kagan with the trump counsel. basically what he is saying is the idea of anyone actually trying a coup to stay in power, a president trying that, that is crazy. that is so extreme, we don't have to worry about a hypothetical like that. it is really partisan strife, conflict between political parties, that is the biggest risk to the country, not this crazy idea. justice kagan responding by saying okay, but maybe also a tyrant, unbound by law, running the country with impunity, maybe that would be bad, too. maybe that is why we were actually formed as a constitutional republic. as a general matter, it is folly to extrapolate from oral arguments and say that you know how the ruling will come down based on comments from the justices when the case was heard. with that caveat, though, it seemed clear today that the most conservative justices were inclined to side with trump not just on a technicality, but possibly on the substance. justice clarence thomas suggested today that presidents are always committing crimes. sho
justice kagan with the trump counsel. basically what he is saying is the idea of anyone actually trying a coup to stay in power, a president trying that, that is crazy. that is so extreme, we don't have to worry about a hypothetical like that. it is really partisan strife, conflict between political parties, that is the biggest risk to the country, not this crazy idea. justice kagan responding by saying okay, but maybe also a tyrant, unbound by law, running the country with impunity, maybe that...
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Apr 26, 2024
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you saw kagan come back and ask just the opposite. does if we have if we if we allow for blanket immunity. does that not let's watch that. let's watch that we have that he ordered the military to stage a coup& you're saying that's an official act. >> i think it would tabassum yoon. >> i think it would depend on the circumstances where there was an official act, an official on the way you've described that hypothetical? well, it could well be. i just don't know. he'd have to again, it's a fact specific contexts, acidic determination that answer sounds to me as though it's led yeah, under my test, it's an official act, but that's sure sounds bad, doesn't it? >> sure does sound bad sure does. >> and i think you saw her go through that analysis. you heard you heard the some of the other justices asks specifically about what's an official act, what's not an official act? i think you're that was part of the had all of these hypotheticals, if you will, that where you had murder taking place, is that something that's an official act? and i th
you saw kagan come back and ask just the opposite. does if we have if we if we allow for blanket immunity. does that not let's watch that. let's watch that we have that he ordered the military to stage a coup& you're saying that's an official act. >> i think it would tabassum yoon. >> i think it would depend on the circumstances where there was an official act, an official on the way you've described that hypothetical? well, it could well be. i just don't know. he'd have to...