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tv   The Last Word With Lawrence O Donnell  MSNBC  January 27, 2022 10:00pm-11:00pm PST

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all right, that's gonna do it for us tonight. ayman mohyeldin will be here for me tomorrow night. but i will see you again on monday, i promise. now it is time for the last word with lawrence o'donnell. >> good evening, lawrence. >> i watched attentively your report on the irish fishermen who are now telling the russian navy, vladimir putin's navy to go play their games somewhere else. and the man quoted as saying, we are not moving. he's the head of the court fisherman's association. his name is patrick murphy. i don't think vladimir putin knows enough murphy's and i don't think he does.
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i grew up with a whole gang of murphy's and rachel, in my experience, when murphy's say we are not moving, murphy's do not move. they do not move. >> i will tell you that we have been covering this story for a few days. on the show and we didn't do it on the show yesterday because of all the breaking news about the supreme court and everything. we've had other stuff to do. we worked on producing a segment for the show and last night it didn't happen. i think about half of the production staff of the rachel maddow show is about ready to volunteer to go to cork to make sure the fisherman can get the word out about what they're doing and also because everybody wants to meet these men. >> yes, and that point about the meeting they had with the russian ambassador, when they come out and say it's all fine, the russian ambassador basically caved to all demands and said he will stay away from our fishing grounds, and russia
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comes out and denies that. i suspect that the fishermen are right and vladimir putin doesn't want the official word to be we backed down, but next thursday, we're going to see who is right. >> and it's also -- how is it that with these military exercises, which are clearly not disconnected from the threats about what's going on in ukraine, and there's a lot to say about that, the military exercises and the military menace that they are raging on the borders of ukraine. how is it that these fishermen are the ones who have to go to the embassy to go negotiate the terms of the war exercises. they're willing to do it because they want their prong grounds open. and they need to go fish for mackerel. but they shouldn't have to be the ones to do literal diplomacy with the ambassadors with the russians thinking they could yank their chains by we are making on their promises made in these meetings i mean,
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we ask a lot of our fishermen just put fish on the table, and when it comes to asking them to like, you know, avert world war three on our behalf. i think they deserve some backup. >> i could imagine irish government officials, irish foreign minister speaking to the russian ambassador in trying to explain the murphy's to them and then eventually just giving up and bring on the murphy's. let them talk directly to this guy. >> yeah. let's see how it goes next next week with your little exercises guys. let's see how it goes. >> right. >> thanks, lawrence. >> thank you, rachel. well, we are going to see something that we have never seen before. this is the strangest development in the televised history of supreme court confirmation processes. we are going to see an audition for the united states supreme court. and that audition will be televised. it will be on television next week. on tuesday south carolina federal judge, michelle childs,
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will testify at her senate confirmation hearing for a promotion by president biden to the washington, d. c. court of appeals, the most important federal appeals court in the country. more supreme court justices come from that court than any other. president biden nominated judge childs to be for the court of appeals in december and as luck would happen her confirmation hearing was scheduled before the severe news that justice stephen breyer will retire at the end of the supreme court's term in the early summer. tuesday's hearing will be in effect, a full dressed rehearsal for the supreme court confirmation hearing of judge michel child's, if president obama nominates her to the supreme court at the end of february, which is the timetable that the president announced today for his big decision. the hearing will also show us
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whether any other nominee the president might choose will be subjected to in these senate judiciary committees. judge chiles might be able to actually win the supreme court job next tuesday by delivering a stellar performance and what will be her second confirmation hearing as a federal judge. the other person at the top of the white house list to replace justice breyer has already been through two senate confirmations. first, as a district court judge nominated by president obama, and last year as a nominee, by president biden for the washington, d. c., certain court of appeals. this is the same appeals court. that president biden has nominated judge childs to join, the list of black women who are fully qualified to be supreme court justices is very, very
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long. that long list includes lawyers, law professors, judges all over the country. but because the united states senate is dysfunctional, extremely dysfunctional, the list of possible nominees who could be confirmed by a 50/50 senate is perhaps the shortest list we've ever had. the senate is no place for optimist. the senate's place for release. it will be no more important vote count in the senate in the first two years of the biden presidency and the vote on president biden's first supreme court nominee. at justice breyer's retirement announcement today president biden said this. >> the person i will nominate will be someone with extraordinary qualifications, character, experience and integrity.
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that person will be the first black woman ever nominated to the united states supreme court. it is long overdue in my you. >> i made that commitment during that campaign for president and i will keep that commitment. >> no president has ever known more about the senate confirmation process than joe biden. joe biden used to run confirmation hearings for supreme court judges when he was chairman of the senate judiciary committee. white house chief of staff ron klain served as counsel to that committee and has guided the supreme court nominees through the confirmation process. just they are both senate realists. they both want to eliminate risk. any risk of any kind in these single most important choice is that joe biden will make since he took the oath of office as president. >> and the way to do that, the way to eliminate risk is to choose someone who has already been confirmed by the senate,
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preferably someone who has been confirmed by the current senate. the only person on the white house list who feels that description is judge ketanji brown jackson who won her senate confirmation to the circuit court of appeals last year, with 53 votes, including three republican -- last night on this program, james clobbering of south carolina made a strong case for the conform ability of his favorite for the supreme court, south carolina federal judge, michelle childs, especially after james clyburn has successfully lobbied apparently, both republican south carolina senators to support judge childs. >> it's big time supporter of michelle child's. lindsay supports her.
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tim scott supports her. i've had discussions with both of them. i would not have gone as far as i did with her without talking to those two senators and i've talked to them about michelle, and they respect. she has tremendous bipartisan support. i've talked to judges all over this country, and they would say to me she is the best. >> until relatively recently you didn't have to be a very good vote counter when dominating supreme court justices. unanimous votes in the senate were not unusual. the single most conservative supreme court justice of the 20th century antonin scalia was confirmed by the senate 98 to nothing in 1986 and in those days everyone in the senate believed that the only reason to vote against a nominee for the supreme court was that the nominee was plainly and
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qualified to be a judge. early in the 21st century when chuck schumer was still a relatively junior member of the senate he publicly mused about the possibility, just the possibility of voting against a supreme court nominee, simply because he disagreed with the nominees opinions, and that was considered heresy in the senate when chuck schumer first mentioned it. now? it is the norm. in the senate. the vote for joe biden's nominee for the supreme court it's going to be a very very close vote. so it is extremely unlikely joe biden will take the chance to nominate someone who has not been through the senate confirmation process like, for example, judge leondra cooker of the california supreme court. there is no doubt about judge
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cruger's brilliance and qualification having served as a supreme court clerk and as an acting deputy solicitor general in the biden administration. but she has never felt the pressure of a senate judiciary confirmation hearing for a federal judgeship. and we have already seen how much particular experience like that matters to joe biden. the reason i was always close to certain that candidate joe biden was going to choose kamala harris as his nominee is because kamala harris had experience on the presidential campaign trail. i asked joe biden about that in michigan. the day before he won the michigan primary. >> in your experience, and i'm in your lifetime of political experience as watching this choice made. do you think that it's
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important that if the someone who actually has been tested on that presidential debate stage the way, i assume, barack obama thought it was very important that is vice president show candidate had already been tested at that level as you were standing beside him on the debate stage? >> i think that's a very important factor. >> very important factor. and we're going to leave it at that today? >> yes. by the way, there's a number of women as well tested in other ways. not on the debate stage but in their states. it's that they've been national figures. but, yes, i think that's an important factor. >> that is the way joe biden thinks. joe biden knew how strong a vice presidential candidate, kamala harris, would be because he saw her tested on the presidential debate stage just as barack obama saw biden tested on the debate stage
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before choosing him as his vice presidential nominee. if we were back in the days of unanimous votes for supreme court justice, joe biden could have a much, much longer list of possible supreme nominees than he probably does tonight. joe biden does not approach supreme court senate confirmation hearings as an optimist. he approaches them as a realist. the only optimists in the story is the justice who is retiring from the supreme court. today, justice breyer cited george washington and abraham lincoln in the references they made to the democratic government of the united states. an ongoing experiment in self governance. justice breyer said that this is what he tells students of that experiment.
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>> it is us but it's you. it's the next generation. the one after that. my grandchildren and their children. they will determine whether the experiment still works, and of course, i'm an optimist and i am pretty sure it will. >> leading off our discussion tonight is melissa murray. professor of law at new york university, she served as a law clerk for judge sonia meyer on the d.c. court of appeal. she is an msnbc contributor. also with us, michelle roger goodwin, chancellor professor at law at the university of -- she has submitted briefs to the united states supreme court. and i would like to begin by saying that both of my guest tonight, both of our guests would be on the very long list of qualified women for the united supreme court tonight if this process wasn't so ruined by the current dysfunction of the united states senate.
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and professor mary, let me begin with you. and i don't want to lock this discussion in to the senate realist parameters that i just described for the audience. and i'd like to hear what you would consider and what you would want the president to be considered ideally without worrying about what the vote count is. in who should be included in a fair consideration of who >> i should be on the supreme court. think in order to think about this, who should be nominated to fill this seat, you have to think about the fact that this is likely a court whose ideological fracture is not going to change. with the addition of this new justice. nevertheless, we will have a liberal wing of three justices that will be comprised of women. two of whom will be women of color. as the court faces some of its biggest challenges, the fallout from whatever they choose to do
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with roe v. wade this spring. the affirmative action case moving forward. i think what is needed is somebody on the liberal ring who can join the other two. and the forceful voices of dissent. that is going to be the realistic goal going forward. they do not have enough to make a majority. it is unlikely that they will be able to persuade their conservative colleagues to join them. they will be in dissent. and the question is, can they write dissent for the ages. the kind of the sense that eventually in time, become majority opinions. >> professor goodwin, if you could have a few minutes with the president, what would you tell him about what you would hope for in this choice? >> let's be clear. in his choice, we have the potential to have a justice on the court, who is familiar with the african american community. deeply, intimately, who is committed to justice. who has equal temperament.
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somebody who is committed to the rule of law. reads law well. that we have not had since justice marshall on the court. somebody who is very clearly able to articulate a case and commitment to issues that affect the african american community who happens to be african american. there are justices on the court who have been very clear in their compassion, in their commitment to civil liberties and civil rights and how they affect everybody, including african americans. but we haven't had a justice on the court since justice marshall who represents us in a way that is unapologetic, that >> professor mary, i want to go back to your time in law school, perhaps shortly thereafter, where you're looking at the united states supreme court and there is no woman on the court who looks like you, how does
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that feel like, and what were your thoughts then about the prospects are how long we might wait before we can see a black woman on the supreme court? >> let's be very clear about this, lawrence, that was every day in law school, because during the time i was in law school, there was only about 20 years ago, there were very few fabric in american women, professors, in the ranks of the top law schools, or even in the ranks of all of the law schools. we are very much a small minority. we have known each other for years, that's how close the sorority is. not being able to see yourself represented in the institutions that you occupy is very -- it's difficult. to imagine yourself to be a law professor but have no models on which to mold yourself, that's incredibly difficult. i've seen institutions like the supreme court, ones that have an important impact on the lives of so many people, including women of color, to not see your own models that i think is absolutely untenable
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in -- a democracy. >> professor goodwin, the same question, when you're in law school, every law student is thinking about the supreme court every day. you don't see anyone on the court, no women on the court who looks like you. what was that like and what was it like when you heard joe biden say during the presidential campaign that he would nominate a black woman to the court? >> this has been a glaring absence to the supreme court, and there's been a lot of vitriol in the last day or two about the possibility of -- a black movement to the supreme court. and i would urge people to not be distracted by the game and by some of that which is even [inaudible] racism in terms of presumption. but like professor mary, when i entered into law school, there was one african american woman and the faculty. when i began teaching, i was
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the only african american on the faculty. the second law school faculty are taught in, there are two african americans who were on the faculty. so we are still at a time at which we are following that long arc of justice that dr. martin luther king spoke about so long ago. but this just gives you an example of when i was in law school, 30 years ago, it was common that women were not referenced in cases and that the standard language was a reasonable man standard and that seem to be a pushback that some of us -- reasonable person or reasonable woman, and that was seen as heresy because the tradition had simply been so normalized about men. so this is a refreshing addition that we've heard over the last day or so, and i think that for many people, they will be inspired by what this represents.
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>> professor mary, what should we be looking for in next week 's remarkable under the circumstances, scheduled confirmation hearing for judge child? >> i think this is going to be -- the biden administration as you have suggested will be looking for someone who is easily [inaudible] they will be looking for whether or not she makes it through this confirmation and good order. the ev circuit [inaudible] second most important cord in the united states after the supreme court. many of the current justices who are on the court right now came from the d. c. circuit. but this child have a different background, that adds much needed diversity. she is a graduate from south florida and south carolina's law school. and most of the justices in the current courtyard graduates of ivy league institutions with one exception, amy cohen
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barrett. so [inaudible] come differently from a court. -- >> professor goodwin, quickly before our break, how is important is it that the president consider breaking this harvard yale lock on the supreme court? >> it's incredibly important because the supreme justices are meant to deliberate in a way that is representative of all americans, and most americans don't attend ivy league institutions, and it's a court that has been narrowing social economic status in terms of where the justices have been educated, and even in terms of the religious background. we have to do a much better job at the supreme court, and i would also suggest at our lower court levels to. so it would be refreshing to see president biden, as he has already done with some of his
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other picks, seek to diversify the court. and i would say that also includes with experience. people who are not necessarily coming from prosecutorial lens or having worked for large law firms representing businesses and corporations. >> professor melissa murray and professor michelle goodwin, thank you very much for joining us tonight. it looks like we will be on the subject for a couple of months. so please, keep your 10 pm slots available for us. we would like to hear from you some more. thank you very much. >> thanks for having me. >> and coming up, the front runner for the next supreme court nomination has been very helpful to the january 6th committee's investigation, simply by following the law and the constitution. congressman jamie raskin, a member of the committee, joins me next.
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investigating the insurrection at the capitol obtained hundreds of pages of documents that donald trump tried to hide from the committee thanks to a ruling by a three judge panel of the washington d.c. circuit court of the peel that concluded judge ketanji brown jackson who, tonight, is at the top of the short list of possible candidates to replace supreme court justice stephen breyer. judge jackson is the only candidate for the supreme court who has ruled on matters involving investigations of the trump administration. last year, judge jackson wrote the opinion that required white house counsel, camped, to testify to the house judiciary committee. in overruling claims in executive privilege. judge jackson road, presidents are not kings. they do not have subjects bond by loyalty or blood, whose
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destiny they are entitled to control. unanimous circuit court opinion that allowed the january six committee to obtain the record of the trump white house says, former president trump has provided no basis for this court to override president biden's judgment and the agreement and accommodations worked out between the political branches over these documents. both branches agree there is a unique legislative need for these documents and that they are directly relevant to the committee's inquiry into an attack on the legislative branch and its constitutional role in the peaceful transfer of power. joining us now is democratic congressman, jamie raskin. he was a member of the january six committee and served as the impeachment manager in the second impeachment trial of donald trump. he is the author of the new book, unthinkable. and importantly for our purposes tonight, he is a
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professor of constitutional law. i don't know whether i should call your congressman or professor raskin tonight. but i am eager to get your reaction to work things stand tonight with justice breyer and formal announcement today. the presidents promise to make a decision within the month of february and possibly on to senate confirmation hearings at some point in march. >> well, good evening lawrence, thanks for having me. it is definitely an exciting moment. it always is when we could put someone new on the supreme court. i would hope this process moves as quickly as the process did for amy county brett nguyen she was added to the supreme court. that was a matter of weeks for the whole thing to happen. i'm hoping that we're not going to run into a whole sequence of roadblocks was obstructions from the gop. and in terms of the decision
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that you were citing of course, being part of that decision, judge jackson had on some kind of legal limb or in the vanguard of legal consciousness. i think a dozen judges all decided that way, i think only clarence thomas was on the other side with that. it's obvious when you have congress and the current president of the united states, the executive branch weighing into say there's no reason to invoke executive privilege, and all you've got is a former president was trying to cover-up his involvement in insurrection and trying to stop it and not even offering any kind of legal justification for that, so it was a good thing she did. she's been a very strong judge. i don't think that isolates are in anyway because she was part of that. >> if she finds herself in the supreme court confirmation hearing, truly, senator cruz will go after those particular opinions but as you say they
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are backed up with virtually unanimously by the supreme court. >> yeah, i mean justice gorsuch and justice kavanaugh voted that way. it would have been an active really radical right-wing traditional activism to concoct compelling interest for donald trump in the majority found he did not even advance any instruct, much less a compelling one i would override an agreement between the legislative and executive branches. there was no warrant for invocation of the executive privilege, which of course is an exceptional remedy. the basic rules of our courts is that the sovereign gets the evidence it wants. the rule of law depends on the and of course lead the january six committee has been winning all of these cases against coup plotters and insurrections who
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think that somehow donald trump can wave a magic wand where he used to do and prevent them from having to testify before our committee. >> at this point do you have what you need from the courts as the january six committee been backed up by the courts adequately? well, the overwhelming number of witnesses have gotten the right idea from with the courts of done, and they are cooperating and testify. i'd say we have a couple of lingering problems. one is that there are some witnesses who clearly material fact based testimony that they need to render or turn over to us who think that they can just invoke the fifth amendment promiscuously for everything. big i've never seen anything like it. that's not how the fifth amendment is to be used. it's only to be invoked when you believe that the response
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would be self incriminating, but you can't simply say i don't have anything to do with this investigation, even if it would incriminate you in any right. one thing we need to clear up and then the other of course is those witnesses who are just refusing even to show up or be part of it. steve bannon is one of them. so we have to use those mechanism big for criminal contempt and civil content to make it clear that everybody owes the sovereign his or her honest and truthful testimony. we've got most of everything we wanted from the courts but that's not to say we're not going to end up going to the courts and specific cases to compel people to participate or else to advance a valid constitutional privilege, and not a phony one. >> jamie raskin, thank you very much for joining us tonight. we really appreciate it. >> the pleasure is mine. >> coming up, president biden
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got huge economic news today. good news today. the affordable care act that he helped president obama pass just had its best enrollment period ever. economic advisor, president biden, jarrett bernstein, joins us next. jarrett bernstein, joinrgers. us next. - nice! - yeah. voya provides guidance for the right investments and helps me be prepared for unexpected events. they make me feel like i've got it all under control. ] yeah! because i do. ok, that was awesome. voya. be confident to and through retirement.
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for the record economic growth saying this is no accident, my economic strategy is creating good jobs for americans, rebuilding our manufacture and strengthening our supply chain here at home to help make our companies more competitive. joining us now is jerry bernstein, a member of president biden's council of economic advisers. thank you very much for joining us tonight. really appreciate it. you have good news to share about the growth rate in the american economy but as we know the american economy is more than one cystic. is the growth rate the price of the growth rate inflation? >> not in a sense that this growth rate is adjusted for inflation, that is we just achieved the strongest gdp growth in 2021 and almost 40 years as you said in your introduction, and that is adjusting for inflation. that is a real growth rate. also, in the background of that very fast she dp growth is one
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of the tightest labor markets this country has ever seen. unemployment fell faster last year than it ever has on record and the data goes all the way back to 1948 over six billion jobs created and if i were singing sitting here talking to you a year ago, by the way are probably was, we would've been looking at 800,000 claims on unemployment insurance and this morning we learned that there's something around 250,000. all of those kind of statistics i would say, not just to plug it with numbers, but to make the connection between a strong growing economy on the gdp site with that growth reaching working families to an in extremely tight labor market. >> who are the beneficiaries of this growth rate, because it's one of those numbers where it's a big macro number. but some people could be out there saying gee, i don't feel
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this at all. >> it's a great point, i mean when talking about she dp we recently say wait a second -- i don't need gdp, i don't drive it gdp, i don't pay rent, and the fact is again the connection there that is so critical, lawrence, is the tight job market. disproportionately, it's providing benefits to those in the bottom half i saw new numbers today and if you look at the wage growth of people in the bottom half of the job market, their pay is actually growing faster than workers at the top and now that is obviously opposite to the way it's been in periods where job markets have been more slack where they've been less tight and the reason for that is that when job markets get as tight as they are now, and we actually have about the highest numbers of job openings on record. in fact, more trouble paintings that even our unemployed people, but when you get to that level
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of labor demand, workers have a lot more bargaining clout. that is at the core of the economics. strong bargaining cloud so we ensure working people benefit from economic growth and we also have inflation issues that we should get into that are out there as well. but at the same time against the backdrop of that inflation is the fastest growing economy in 40 years with the tightest labor market in generations. >> what about the record enrollment for the affordable care act? how does that affect workers in the economy? >> it really achieves the key goals of the biden harris administration, which is to ensure that health care is a right, not a -- privilege. and that is acceptable and affordable. and that occurs through a record breaking 14 and a half
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million people who signed up for 2022 health care coverage for the marketplace and the exchanges of the affordable care act and that includes just under six billion people who have newly gained coverage, and so the uninsured rate actually fell over the past year from about ten to about 9%. so these are critically important gains again for the folks who need them the most. garrett bernstein. thank you very much for joining. us >> my pleasure. >> thank you. >> coming up, caroline when the williams will discuss the historic big trees that president biden is about to make in his first nomination of the united states supreme court. caroline randall williams joins us next. williams join williams join us next. yes, please! neuriva. think bigger.
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were opposed to the candidate making that announcement. and, finally, during the commercial break in the south carolina presidential debate, right there on tv, james clyburn told joe biden about the feelings of his most important focus group. his three daughters. >> i see it, [inaudible] and their friends. i talk to them a lot. and they were telling me that there [inaudible] out there that [inaudible] from the democratic party. and one of the things they brought up to me was the supreme court. >> and after that, backstage conversation during a commercial break in the
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presidential debate, joe biden went back out on the debate stage and said this -- >> and we talked about the supreme court, i'm looking forward to making sure that there is a black woman on the supreme court to make sure that in fact [inaudible] >> and the rest is on its way to becoming history. joining us now is caroline randall williams, poet, essayist, and educator. she is writer in residence at vanderbilt university. caroline, thank you very much for joining us tonight. and this tv drama called supreme court confirmation, which in tv terms began on that debate stage in south carolina, is about a much longer story than that that has been with us for quite some time. i've been eager this week to get your reflections on where we stand tonight in that larger story. >> thank you so much for having me.
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it's good to be back. this is terrifically personal for me, on so many levels, being here -- when james clyburn speaks, first of all, your staggered by his gravitas and his competence, and i feel this tremendous gratitude that he gave voice to his concern that we do feel. you are speaking to a young woman who is the great granddaughter of avon williams whose sister, norma erica williams, gave birth to a man that we are all familiar with paul marshall. my grandfather and marshall were first cousins. he worked for his cousin. and i grew up thinking about that legacy from the vantage of coming underneath family forgives and portraits and thinking about why there is been such a space between what my relatives were able to accomplish and then repeat that
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wonderful accomplishment. and i love that joe biden is a white man who followed a black man into the oval office and then when he stepped on to it in his own term, he brought a black woman with him. and he has made good on those promises and those actions in that stance from the moment that he took the stage with barack obama. and i think that it's a moment of reckoning for this country to see if but one half -- get the right thing done. the popular vote of america for the last five presidents. we've only gotten three of those five into the office and that's an untenable, and yet another untenable three fifth compromise and are in my opinion. and having a black women represent the judiciary branch
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in the supreme court would be a fortification of my faith and democracy's capacity to heal itself, even after all of these radical ruptures that we have been witnessing over the last five, six years. >> it's one of those moments that -- now that it comes, the first thing you can feel about it is, why did it take so long and -- something conflicted in the way that we feel about it. good that it's happening, but really can it be 2022 where we are sitting here watching this happen for the first time? >> my answer is, sure it can! i think that's the arc of history is slow. well think about this, he still has never had a black person called [inaudible]
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who had a black mother. when we think of black women in that condition. being born in this country, being -- that something that i observe black women think about. but we can think about it getting you into the supreme court. it gets you into the halls of the senate and of congress. we have a long, long way to go. and the work is hard and wild. and if republicans want to argue about how -- identities -- they placed three white judges on that court. so the democrats are going to do the right thing, as usual, and take the side of attempting to make the bodies that represent the american people look more like the american people. >> caroline randall williams,
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thank you very much for joining us as we begin what is this historic journey of covering this senate confirmation. we really appreciate it. >> good to be here lawrence, goodnight. >> thank you. tonight's last word is next. and i detect altered dna in your stool to find 92% of colon cancers even in early stages. early stages. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. (all) to screening! ♪ limu emu ♪ and doug. we gotta tell people that liberty mutual customizes car insurance so you only pay for what you need, and we gotta do it fast. [limu emu squawks] woo! thirty-four miles per hour! new personal record, limu!
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word. >> justice breyer's law clerks and his colleagues and me at the press here know, describe him and his word that kick. his desire to learn more. his kindness to those around him and his optimism for the promise of our country. and he has patiently saw common ground and consensus. seeking to bring the court together. i think he is a model public servant, in a time of great division in this country. justice breyer has been everything this country could've asked of him. >> president biden gets tonight's last word. the 11th hour starts now.
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>> good evening i'm mehdi hassan. day three and 73 of the biden administration. and the race to a new supreme court justices on. with justice stephen breyer officially stepping down. democrats are hoping to match trump's record of getting his final nominee. amy cohen barrett, remember her? on to the court in just 27 days, instead of the typical 60 days plus. the buzzword today among democratic senate leadership, was expeditious. they've already begun strategizing their next moves. and one democrat on the judiciary committee has this message for republicans. >> we are prepared to fight, make no mistake. we are prepared to fight ferociously. and use all of the options that we have to get this job done. it is a job that will get done. this nominee will be confirmed. this afternoon, justice breyer appeared with the president at the white house to formally announce his retirement.

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