Workers day. Istanbul, thousands defied a government ban and took to streets in protests that erupted in clashes with police. Moscow, tens of thousands marched through red square reviving a may day tradition not seen since soviet union dissolved. Cambodia, reports of beatings as factory workers and opposition supporters defied a ban by demonstrating in the capital of phnom penh. Americans are seizing on may day to put the working class and their struggles back in the limelig limelight. Rallies across the nation, including los angeles, pittsburgh, chicago, with events starting, you guessed it after work. But those observances, it must be said, less about marking progress than they are about the ongoing struggle. Income inequality at historically deep and distressing levels. Wealthiest have not taken such a large share of overall income since the year 1928. In 1965, average ceo earned 20 time as much as an average worker. These days that same ceo makes 273 times the workers wage. This disparity leading to a depression of american spirits. Nbc wall street journal poll shows 55 feel americas economic and political systems are stacked against them. 54 say america is no longer a place where anyone can get ahead. Joining me now is the president of dmos, heather mcgee, Association Professor and fellow at the roosevelt sflusosevelse. A National Struggle one brewing for a very, very, very long time. It feels like the conversation is as pervasive and pointed as it has been upon the subject of income inequality and yesterday an effort to raise the men mum wage failed spectacularly and without much discussion in the u. S. Senate. What gives . I wrote a piece about this on huffington post, stacked deck, which looked at the connect between the inequality in our economy and our democracy, right . Think about the minimum wage, something that get highs support among the American People working, middle class folks. Research shows that the wealthy, who make up the donor class of america, dont think the minimum wage should be high enough to keep a family out of poverty. So there you go, thats what we had yesterday. Too often our economic agenda is set in washington by the people who are paying the piper and therefore calling the tune. It was that said, there are efforts on the state level, dorian, to raise the minimum wage that have been successful. In hawaii they raised the minimum wage earlier this week. You broke the news, seattle headed towards 15 minimum wage. How that is possible . One washington has a political system thats broken and dysfunctional, the other washington has a true democracy. So the state of washington currently still has the highest minimum wage in the country at 9. 32 an hour compared to the federal 7. 25. But just today, it was announced the mayor and his commission on income inequality agreed on a plan to increase minimum wage in the city of seattle to 15 an hour by 2017. I think its exciting. I think other cities around the country and states will take similar action. San francisco is debating it. Mayor bill de blasio of new york wants 15 minimum wage in new york city. Where we cant enact progressive change at the national level, local political actors are taking it upon themselves to do so. Presumably, the businesses will still be open in seattle, right . This is the contention. If you raise the men mum wage it will cost jobs and i think in that way its critical that we have some case studies here to point to and say, look, theyre still like robust economic opportunity. And people make a living wage. We know, we have evidence to suggest, if you look at San Francisco, the minimum wage has been 10, more than 10 the last couple of years. Last time i checked, San Francisco is still booming, skieieny isnt falling. In seattle the 15 minimum wage will create 500 million of spending in local businesses. Right. This is not something thats if its good for workers its not good for businesses. It is good for business. Something that everybody i mean people in support of a living wage have been trying to save for decades at this point, feels like its been so long. Heather, i want to talk about whats happening in california. I feel like no other sort of legislation so directly addresses the issue of disparity between ceo and worker pay. In california, the bill that is working its way through the legislature would cut state taxes on companies with lower ceo to worker pay ratios and raise taxes on companies that pay ceos more than 100 times the woshlgers wagers. This is great, right . This is a really great example of us recognizing that it takes business, government, and individual workers to make an economy and make a middle class and that over the past fortunately unfortunately 40 years its all shifted, the responsibility on to workers and then government taking up a little bit of the slack with little bit of safety net that we have, right . Its saying, fine, if you businesses dont want to share the gains of your productivity and we know unions are so weak they havent been able to make the deal within the company itself, government will say you dont get as much of a tax benefit because it does end up hurting us as a nation. Fast food industry, we released a report, the highest ceotoworker pay disparity, 12001. 12001. Factor of 1200. You said government subsidies. Increases in the minimum wage in reducing disparity between ceos and workers helps us as taxpayers. Workers who work full time, live in poverty, have to rely on food stamps and government supports, that is our taxpayer money providing support for these companies who are getting rich. Thats the that was the sort of walmart protest during holidays, like canned food drives for employees by employees. And the wrongness of that, i mean, was tangible. You could feel the wrongness of that in the air. I want to talk a little bit about what poverty is in america because i think part of the problem here when we talk minimum wage and working class folks is, there is a republican version of who works minimum wage and as mike enzi has described it, its like 16yearold high school lifeguards or people working their first drivein job. But its really 24 to 34yearolds, the average minimum wage workers. These are parents. These are members of families. Also like the sort of anecdotal notions of poverty, right . I want to talk about this, heather, in particular, because of the work you do. People hear about families of the lower rungs of the income ladder having flat screens or having blackberries or iphones and think, you cant be poor, because you can afford those things. Annie lowry has a great piece in the New York Times, you can purchase goods at cheaper rates than ever before, unfathomably cheaper rates but the Critical Services that the poor need access to, health care, education, remain out of reach. And those are the things that actually increase mobility. Absolutely. And those are the things that have really skyrocketed in that we have not seen either employers, right, things like health care, retirement, big ticket items that frankly, you know, no modest paycheck is ever going to be able to cover and employers have cut back on and government hasnt responded. Look at cost of college, its a huge example of something that you know, should not be out of the reach of the poor. Should not be out of the reach of the mid class and is because government has stepped back. Dorian, it feels like i mean, i find myself getting deeply distressed every time we talk about the subject of income inequality and some days feels like the american empire is getting closer to the roman empire and the whole thing will burst up in flames. Thomas pickety, a runaway bestseller which we talk about i think every day, 25 days of yes for scholarship. Thats one great thinging. But he proposes that the period of relative equality between classes, which was, you know, sort of middle, late 20th century, it was effectively an anomaly, capitalism inherently gives rise to these dramatic em balances in power and wealth, and i wonder whether you agree with that and what we do about that in terms of combatting then equality, if its built if its baked into the economic system. So ive read most of the 700 pages of the book and what he does in that book is provide uncontroversial data to make that argument. And theres one particular point thats really important here and its related to walmart and the walton family. Look at walton heirs, i think five in the top ten of richest americans, they all have inher ritd wealth. They didnt earn that wealth themselves. That was sam walton. They didnt build it. They didnt build it. They inherited it. His argument, were back to a society where inherited wealth is threatening the very notion of the American Dream, that if youre born poor, working class, if you worked hard, played by rules, you can make it into the middle class and maybe one day become rich. Were in a society now where that is no longer the case. So social mobility is the lowest of all rich democracies most people, roughly one out of three, if youre born poor, you this chance of getting out of poverty. And so we can do things about that, we can recreate a new deal for the 21st century. Boom and raise estate taxes, maybe, i dont know. The mcgees of kennebunkport would disagree. Im kidding. I dont know if you have people in maine. Thank you guys for your time. Happy may day. Happy may day. Another day, another bridgegate subpoena for a person with close ties to Chris Christie. That is not the only bit of legal traffic jam coming up. When jake and i first set out on our own, we ate anything. But in time you realize the better you eat, the better you feel. These days we both eat smarter. And i give jake purina cat chow naturals. Made with real chicken and salmon, its high in protein like a cats natural diet. And no added artificial flavors. Weve come a long way. And whatevers ahead, well be there for each other. Naturally. Purina cat chow naturals. I couldnt lay down it was a i couldnt sit up because it burned so much. As first lady of our church we have meetings. We have activities. And i couldnt do any of that. Any time anything brushed up against this rash it would seem like it would set it on fire again. It was the worst pain i ever had. Its getting serious. The bergen record reported prosecutors summon order expressed interest in talking to half a dozen Current Port Authority feshl officials as pa the investigation into the saga known as bridgegate. One of the officials subpoenaed is phillip kwan, deputy General Council and, surprise, close ally of governor christie. Reportedly involved in choosing which Christie Administration officials would testify before new jersey lawmakers earlier this year, and according to reports, spent four or five days counseling one of the key players in the drama, bill baroni, deputy executive director of the Port Authority. Barone of course the person who testified to lawmakers that the lane closures on the George Washington bridge were part of a, quote, traffic study. The traffic study that never took place and which the executive director of the Port Authority patrick foye called abusive decision which violates everything this agency stands for. The latest twist raises serious questions about what exactly kwan, as Port Authority counsel, advised barone to say during hearings. The deepening involvement in the investigation heightens concerns that the Port Authority under governor christie has become what the New York Times calls a political candy jar, one which from which the governor doled out plum positions to allies. A long and storied history with Chris Christie, one of the deputies when christie served as u. S. Attorney and served in the new Jersey Attorney Generals Office when christie stepped down. In 2012, governor christie unsuccessfully attempted to appoint kwan to the state Supreme Court. Joining me now, the host of msnbcs up, resident Chris Christie expert, steve kornacki. Thanks for joining me. Sure. When i heard about the kwan pea piece of the investigation, did kwan advise barone to lie and if he didnt, who was involved in crafting the notion of a traffic study . Do you think thats the most kind of relevant question to be asking at this point . Yeah, i mean, look, the thing about the testimony was, in especially in hindsight, but at the time, it was so over the top in terms of what it wasnt just claiming there was a traffic study. This was he went on and on, repeatedly throughout his testimony, talking about how these lanes only exist for the people of ft. Lee, theyre ft. Lee only lanes, special lanes only for the people of ft. Lee, 4 of the traffic on the bridge comes from ft. Lee but 25 of the lanes are for ft. Lee. The truth is the lanes are everybody in the surrounding area, sougthern bergen county. Anybody who knew the bridge, anything about traffic patterns in north jersey, stuck out right away. Why does he keep making the same point over and over . It always seemed disingenuous. You had a few days after bill ber rony, pat foye saying there was no traffic study. The question about kwan, yeah, this four, five days that he had prepping bill barone i. What was bei being discussed . Why would you need four, five days of prep if that was the case to just tell what actually happened if its as simple as they claim it was . The other thing is, given the ties to the Christie Administration that youre talking about, how close he was to the Christie Administration, and he was sort of positioned there as the conduit between the Port Authority and the Christie Administration, what messages was he conveying pack and forth . Was he conveying messages from the prep session, to the Governors Office . Was he carrying back messages about what they would like trenton to be hearing at committee hearings. What it underscores how political Chris Christie made all of the offices that were not supposed to be political. This is the Port Authority, not to be supposed political. This is the counsels office of the Port Authority. The issue of how kwan has risen in the ranks because of the fact that he was an ally to Chris Christie. This is someone who had all kinds of a checkered past in relation to his familys Liquor Store Business and possible tax evasion. The governor tried to appoint to the Supreme Court a move by the way, which you know, steve, was intended to sway the balance of the Supreme Court and tilt it in fave of republicans. Ill say this, this was a ticking time bomb with the Port Authority. The Port Authority has been a dumping ground for patronage for so long. In new jersey politics for years the best job you could get, supposedly, democrat or republican if you talked to them they dreamed somebody from their party would win the Governors Office and that they would get appointed deputy executive director of the port author. Why . The salary was sky high, pension that came with it was great, you got to travel over bridges for free and free housing in new york city. You got yourself a fouryear vacation in new york city. That was the idea for the job. Nobody imagined it would lead to lane closures and all of this other stuff, nobody imagined. But the Port Authority, its open to this abuse for a long time. Steesh, what does the widening federal investigation tell you . We know that folks who were christie team must have been camp christie, well call them, the fact that the legislative Super Committee was not able to subpoena documents was a shot in the arm for their defense. The scope of the federal investigation is widening cannot be good news. We know now that this part is widening. This is so opaque, we do not know whats go on in the u. S. Attorneys office. This is deifferent than when Chris Christie was running it. The legislative committee represents the public face. The more important thing is whats happening privately in the u. S. Attorneys office. We got a glimpse of that today and seeing its widening as it relates to this. We dont know what else is going on. Steve cokornacki, i know youl be following this on up. Coming up, the white house released the latest enrollment numbers for at fordable care act. Should republicans worry . Thats next. Ups is a global company, but most of our employees live in the same communities that we serve. People here know that our operations have an impact locally. Were using more natural gas vehicles than ever before. The trucks are reliable, thats good for business. But they also reduce emissions, and thats good for everyone. It makes me feel very good about the future of our company. This is mike. His long race day starts with back pain. And a choice. Take 4 advil in a day which is 2 aleve. For all day relief. Start your engines why relocating manufacturingpany to upstate new york . I tell people its for the climate. The conditions in new york state are great for business. New york is ranked 2 in the nation for new private sector job creation. And now its even better because theyve introduced startup new york dozens of taxfree zones where businesses pay no taxes for ten years. Youll get a warm welcome in the new new york. See if your business qualifies at startupny. Com nowchoose one option fromith red lothe woodfire grill,trios one signature shrimp dish, and a pasta. All on one plate. Three delicious choices. All for 15. 99 for a limited time only come sea food differently today just hoursing a, the white house released updated information about just who has enrolled in Health Care Coverage under the Affordable Care act. The new numbers show that over 8 Million People signed up on state and federal exchanges, in addition to that, 4. 8 Million People enrolled through medicaid and the Childrens HealthInsurance Program for a grand total approaching 13 million enrollees. For the first tim today, a detailed look at demographics of those who signed up on the federal exchanges. Of those who volunteered their information, roughly 63 were white, 16 were africanamerican, about 11 were latino, and 8 were asian. As for those youngen convince ibls 18 to 34, they made up 28 , by which is below projections but enough to keep the system stable. Coming up, nearly a year after the snowden leaks, is the biggest data threat facing americans coming from our corporations . White house counselor john podesta joins me to discuss his report on big data next. music defiance is in our bones. Defiance never grows old. Citracal maximum. Calcium citrate plus d. Highly soluble, easily absorbed. If you have a business idea, we have a personalized legal solution thats right for you. With easy stepbystep guidance, were here to help you turn your dream into a reality. Start your Business Today with legalzoom. Folks at nsa, other intelligence agencies are our neighbors. Theyre our friends and family. Theyve got Electronic Bank and medical records like everybody else. The challenges to our privacy does not come from government alone. Corporations of all shapes and sizes track what you buy, store and analyze our data, and use it for commercial purposes. In response to Edward Snowdens bombshell leaks of last year, a few months ago president obama commissioned a threemonth review of big data, a review that was led by white house counselor john podesta. When it comes to Online Privacy in the storing of personal information, it has been a long, strange trip for this administration and in particular, this commander in chief. A man the Washington Post once dubbed the big data president , given his administrations fondness for metrics. The president s big data and Privacy Working Group review, released today, takes a look at both upsides and downsides of big data, or our growing ability to capture, aggregate and process an ever greater volume, velocity and variety of data. On the positive side, big data spurred advances in climate science, medical research, and education. No small feat. But unfetterred Corporate Access to consumers private data has just as often resulted in massive data breaches. Also, not exactly a small thing. Perhaps more distressing, the white house review also looked at ways in which this Data Collection has capacity to discrimination. As information shared on social networks about race, religion, age, Sexual Orientation soul be used for ill. The reviewpoints out housing and employment two areas ripe for discrimination. Fundamentally, the report questions the effectiveness of our current Online Privacy framework, something that is referred to as notice and consent although for most americans, notice and consent is more family that moment in which your experience is interrupted by a prompt asking you to agree to a vast amount of conditions you cannot be bothered to read and pray is not important. Change to Consumer Privacy bill of rights is the first of six recommendations made by the president s review group joining me to discuss just those recommendations, white house counselor, john podesta. John, thank you for joining me on 0 this big day about big data. Thanks, alex. Great to be with you again. So tell us how you guys isolate a few areas where big data can be used in a bad way, to put it plainly. Housing and employment are two of the areas that are mentioned in the report. Tell me, if you can, specifically, how that information can be used for bad purposes. Well, what we were pointing out is that these Big Data Analytics can use proxy scoring for in areas that are currently regulated to avoid abusive discrimination. So that you can take what looked like neutral factors, apply a cross reference data, use analytics, kick out the names and addresses of certain people or put screens on people for employment that look neutral but can have a discriminatory impact some that we have to be more vigilant about that as we go forward. There are obviously civil rights laws that protect people from discrimination based on protected class in employment and housing. But theres the ability to kind of avoid that by using big data and Big Data Analytics, as i said, to use kind of proxy scoring to have the same effect without looking or maybe even intending to have impact in that regard. We cite a couple of public examples in which services are provided to wealthier communities rather than poor communities based on the use of Big Data Analytics, specifically in the city of boston, that was found and corrected, as well as employment verification under the everify system. So theres potential, i think, for certainly nonintentional abuse but also potential for intentional abuse to prey on citizens who have less an asymmetry of power between people who can utilize the technology and people on the wrong side of it. You issue i think six recommendations and three involve congressional approval. If this day and age, getting anything through congress is an uphill battle. I wonder if you think big data and the question of sort of regulating it is a partisan issue, and specifically, in terms of the Republican Party and the split, between various faction theres. How do you convince the civil libertarians like rand paul who perhaps might have more of an interest in protecting using information, consumer information, how you get him on the side of democrats who want it sow a stronger Regulatory Infrastructure to protect consumers . Well, for example, you know, specifically, we call for the enactment of data breach legislation, which you raised in your introduction, thats. On the table. We proposed the Administration Proposed it in 2011. Thats been languishing. We need to get on with that to provide a National Standard for data breaches which are an ongoing problem and will be a bigger problem as a result of more collection of everything we call ubiquitous collection against virtually any place you go, anything you do, anything you buy, anything you look at. Data breach in that context can be particularly devastating. So we call for data breach legislation. We call for the enactment of updates to the Electronic Communications privacy act, that was an act that i worked on and wrote with senator leahy when he was staff counsel to him in 1986, but its clearly out of date. It needs to be updated. We dont endorse a specific piece of legislation there but think that we got to get on with updating the law and note in our report the equities on both sides on the Law Enforcement side as well as the privacy side. I think theres bipartisan support for that. And then we are engaged in a process to get more input as a result of these new reports and new technology to move forward of Consumer Privacy bill of rights. We think there should be interest on that on the republican side and well have to wait and see whether theres enough pressure, i think, from consumers who are worried about how their datas being utilized to push republicans into support for Something Like that. John, one of the we focused a lot on the negatives. One of the things your report mentions upside of data, tornadoes, for example, living in tornadoprone areas have more of a lead time if you will, in terms of getting notification a tornado may be coming and maybe in their area, which is obviously a good thing, and youre another person in the white house that we talk about the context of the broader climate debate. I wonder, when we talk about this administration and what will get done in the second term, given your interest and emphasis on the environment and energy, you know, how much do you think can and will be done, and really specifically i want to get your thoughts on the epa regulations on existing coal plants set to come down in less than two months. Jonathan chap from new York Magazine thinks its the controversial part of this administration, this term, if not both terms. Would you agree with that . I agree that its its the crown jewel of the Climate Action plan. We have the authority to move forward. If anyone was in doubt of that, i think the Supreme Court decision this week should you know strengthen our hand in that regard. Its a didnt issue but i think it shows that the Supreme Court is behind the idea that regulating emissions is within our power. Were hard at work at it. It will be released on time in early june. The proposal. It will then go through a Comment Period and wont be finalized for a year. States will have to implement it but i think were on track for a strong rule and were committed to getting it done. So im very bullish on both the substance of the rule and as well as our ability to get it done. And again, in this big data world, we just did a major release at climate. Data. Gov of information very important for communities to try to build resilience into their community planning, both private and public sectors. One of the sector participants in that review, that release, a company out of california, they provided some really important tools with respect to the tragic tornadoes that hit south this week. An exciting time for both the questions around privacy, the internet space, digital space, and of course climate. John podesta, thank you for your time as zblauls than always. Dubbed ninos nono. That, after the break. [male announcer] ortho crime files. Gross misconduct. Disturbing the pantry. A house, under siege. Homeowner calls in the big guns. Say helto home defense max. With the onetouch continuousspray wand. Kills bugs inside. And prevents new ones for up to a year. Guaranteed. Nothing to see here people. Ortho home defense max. Get order. Get ortho®. There was a boy who traveled to a faraway place where villages floated on water and castles were houses dragons lurked giants stood tall and the good queen showed the boy it could all be real avo whatever you can imagine, all in one place expedia, find yours a cringe worthy and embarrassing blunder in his latest Supreme Court dissent. Emily and brian weigh in next. First, Hampton Pearson has a cnbc market wrap. Lets take a look at how the stocks stand going into tomorrow. The dow, down 22 points. The s p basically flat. The nasdaq, gaining 13. Thats it from cnbc, first in business worldwide. To combine solar and natural gas at the same location. During the day, we generate as much electricity as we can using solar. At night and when its cloudy, we use more natural gas. This ensures we can produce Clean Electricity whenever our customers need it. Ameriprise asked people a simple question can you keep your lifestyle in retirement . I dont want to think about the alternative. 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And wow four years interestfree financing on the entire tempurpedic cloud collection dont miss the Memorial Day Sale. Mattress discounters im taking off, but, uh, dont worry. Im gonna leave the tv on for you. And if anything happens, dont forget about the new xfinity my account app. You can troubleshoot technical issues here. If you make an appointment, you can check out the status here. You can pay the bill, too. But dont worry about that right now. Okay. How do i look . Thanks. [ male announcer ] troubleshoot, manage appointments, and bill pay from your phone. Introducing the xfinity my account app. It has not exactly been a great week for conservative justices on the Supreme Court. First, over the weekend, democratic congressman in mississippi insulted Clarence Thomas, the only sitting black justice on the court, by calling him an uncle tom. Yesterday, congressman Bennie Thompson clarified those comments. If you look at his decisions on the court, they have been adverse to the Minority Community and the people i represent have a real issue with an africanamerican not being sensitive to those issues. Calling him an uncle tom, isnt that a racially charged term . For some it is. But to others its the truth. Congressman thompson referring to recent decisions on voter i. D. Laws, affirmative action and the Affordable Care act, decisions which thompson said have not gone overwell with his constituents. After the Supreme Courts 62 decision on tuesday, allowing epa to lip it pollution that blows across state lines a win for the white house and people who care about clean air a huge mistake found in the dissent of one of the conservative justices. Something almost unheard of in the courts history. In justice antonin scalias dissent on tuesday, his argument against this epa regulation largely rested on the notion that the Clean Air Act does not permit the epa to use a cost benefit analysis in setting pollution standards across state lines. Scalia cited his own opinion from a 2001 decision saying that this ruling, the one he wrote, quote, confronted the epas contention that it could consider costs in setting air quality standards. The problem for Justice Scalia is the very opposite was the case in his 2001 decision. In fact, the epa, back then, was actually defending its refusal to consider costs when setting regulation. The crux of scalias argument tuesday was based on something that wasnt even true. Ska leeias misunderstanding of his own opinion in his own dissent has jaws dropping across the country. Some call it cringe worthy and hugely embarrassing but the best characterization, ninos nono. Ninos nono was quietly corrected on the Supreme Courts website yesterday. Joining me now, Senior Editor at slate and a Truman Capote fellow, awesome, at Yale Law School and from washington, Senior Editor at new republic. Emily, ninos nono house unprecedented is this . What did you infer from a mistake this colossal . Certainly unprecedented. There have been minor errors in the past. But to get ones own opinion wrong in a way that turns ones argument on its head, thats new. And to me, this is an argument for term limits, not because i think Justice Scalia is losing it but hes not entirely paying attention to his job. Though this was probably a clerks mistake, in the end, this is on Justice Scalia and hes been on the court a very long time, as have a number of the justices. These people are there too long. Its too much power accrued to a small number of people. Yeah. Well get i want to talk more about the power, like the increasing and frightening power of the Supreme Court which is not accountable to the public. But brian, lets talk about the decision itself. Which has not been discussed as much aska leahs ninos nono, im going to keep calling it that for rest of the show, others have analyzed where this court may be headed on issues of Climate Change and environmental regulation, and is it surprisingly actually not seemingly all that bad. The decision yesterday would seem to be a good thing if you care about a last dash to prevent global meltdown. I think that analysis is right, as it ppertains to comin regulations out of the epa. At the same time it crystallizes what a lot believe about scalia, he changes his principles to affect outcomes that he prefer and he does it through clever analytical writing. This time he blew it. We can see with our own eyes that hes willing to kind of shift his Belief Systems or whatever to get to the ruling that he ultimately wants. Do you think thats true . Is this indicative of scalias reasoning. His philosophy of original nalism, taking the constitutions text from the founding and its supposed to mean consistency because hes being very rigorous. In fact, it can line up with exactly what a socially conservative justice would want to achieve and he doesnt have the same originalist approach when it comes to the 14th amendment which has all of these rights hes not in agreement with. Lets talk about another Supreme Court justice who is in the eye of the storm throughout his tenure, but particularly this within, brian, when congressman thomas called Justice Thomas an uncle tom, i dont think anybody would celebrate that or not call that for what it is, which is derogatory and incendiary but there is the question about who Justice Thomas is on this court. And ill quote jeffrey toobin, who wrote about the justice in february, and made a point about how little we hear from Justice Thomas, which is to say never. Toobin writes, his behavior on the ben from curious to bizarre to downright embarrassing for himself and for the institution he represents. Imagine for a moment if all nine justices behaved as thomas does on the bench everybody the public would lose all faith in the court. Instead the public has lost and should lose any confidence it might have in Clarence Thomas. You know, the congressman was taking issue with a lot of Clarence Thomas votes on Critical Issues that face minorities one cannot expect thomas to vote a certain way because of the color of his skin, he has publicly said he benefitted from affirmative action programs and voted against them every time on the court. You can see right there why somebody in the congressmans position would be sort of upset with thomas or wish he would vote certain ways on other things. As far as thomas jurisprudence, he never says anything on the court and if all justices followed suit, there would be no oral arguments because nobody would say anything. His opinions, as far as ive studied them, not as much as emily, hes sort of a radical conservative who is more consistent, in my view, than scalia is, the extent that congressman thompson was saying that he is, you know, sort of a sellout for holding these yvies thats like say he doesnt want a black justice to hold radically conservative views, which i think is a standard thats too hard to meet. Emily, part of the reason we dissect words and actions of the justices because they are given so much power and increasingly more power as other branchs of government have become dysfunctional, im talking to you congress, the Judicial Branch is almost a legislative body at this point. When you have blunders like scalias or questionable jurisprudence talking about thomas, thats 25 , if not slightly more of a body that exerts an amazing amount of control on american society. That is no the what the court was originally intended to do, which is to have this power. Thats a really good question. Is the court overstepping its bounds. Weve seen them overturn Important Campaign finance regulations, thats a classically activist step, the court overturning congress but the conservative justices were leading the wait here. Im going to defend Justice Thomas decisions not ask questions on the bench, however. I think all nine justices are not doing what hes doing. If they were all being silent he would feel like theres a feed to speak up. What he says is that other justices are asking the questions he would have, and he doesnt feel like arguing with the lawyers in that moment really matters. It is true, outcome of the case is almost never decided at oral argument, which is an important thing to keep in mind as we analyze oral arguments and the landmark decisions that the court has coming up this summer. Thank you both for your time. Thank you. After the break, earlier this week, a federal judge struck down wisconsins controversial and republicansupported voter i. D. Law. Governor scott walker, what is he going to do . And it feels like your lifeate revolves around your symptoms, ask your gastroenterologist about humira adalimumab. Humira has been proven to work for adults who have tried other medications but still experience the symptoms of moderate to severe crohns disease. In clinical studies, the majority of patients on humira saw significant symptom relief, and many achieved remission. Humira can lower your ability to fight infections, including tuberculosis. Serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. 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Mattel started in a garage. Disney started in a garage. Amazon started in a garage. The ramones started in a garage. My point . Some of the most innovative things in the world come out of american garages. Introducing the lighter, faster cadillac cts. 2014 motor trend car of the year. Aint garages great . Nowchoose one option fromith red lothe woodfire grill,trios one signature shrimp dish, and a pasta. All on one plate. Three delicious choices. All for 15. 99 for a limited time only come sea food differently today hey kevin. Still eating chalk for hearburn . Yea. Try alka seltzer fruit chews. They work fast on heart burn and taste awesome. These are good. Told ya im feeling better already. Alkaseltzer fruit chews. Enjoy the relief week for Governor Scott walker. On tuesday, a federal judge struck down his states 2011 voter i. D. Law, finding it would disenfranchise 9 of wisconsin voters or about 300,000 people who do not have the required identification. Scott walker has a backup plan. Before the decision even came down, walker said he would call a special session of the States Legislature in the event the law were overturned. Walker may need a backup to the backup plan because yesterday the states senates republican majority leader, scott fitzgerald, threw cold water all over that idea. Fitzgerald said the legislature would not be able to fix the i. D. Law which he men convene a legislative effort to make it legal. They would not be able to do that before the november election. And november election, of course, is Governor Scott walkers deadline. Walker is running for reelection in a race in which every vote will count. A recent poll from the republicanleaning Liberty Foundation have the governor running neck and neck with his democratic opponent mary burke. Ill see you tomorrow live from d. C. At 4 00 p. M. Eastern. The ed show is next. Good evening, americans, welcome to the ed show. Live from detroit lakes, minnesota. Im ready to go lets get to work i dont believe there ought to be a National Minimum wage. Yes, we will raise the minimum wage because you cannot survive on 7. 25 we dont know what the minimum wage should be. How did they pick 10. 10 . Why not 22 . Why not 100 . Ive got a better idea. Actually, ive got a stack of better ideas and theyre the stacks of jobs bills that weve sent over to the United States senate. Is it fair that working men and women are being stripped of the American Dream . Were out of touch with regular american families, their version of the American Dream. Refuse to pay a more livable wage. Goes against free market principles. The American Dream is within reach but you have to have fairness. If you do your work well and learn the skills and you become dependable, you will work your way up. I dont believe you ought to interfere in the market. Let me get this straight, folks, president obama was elected and reelected, and the republicans are in the minority in the senate. Good to have you with us tonight. Thanks for watching. Every Campaign Stop just about every commercial, every time the president got in front of a crowd, the last election was