knee-jerk, predictive vote for the left on every issue. if he doesn t do that, it are will be 50-50. if he does nominate if somebody who s more like stephen breyer, the vote will probably not require it to be decided by the vice president. maria: yeah. that is great analysis, alan. a quick comment if on this case beginning monday in federal court in lower manhattan, sarah palin v. the new york times. how to you see this? well, i hope sarah palin wins because i have a suit against cnn for doctoring a tape of something i said. the media should not be exempt. i was a law clerk when new york times v. sullivan was decided, and i think supreme court is ready to redefine what malice means. after all a, the new york times made an honest mistake, but the new york times has a history of making mistakes only against the right and in favor of the left. and if palin s lawyers can document a history of the new york times always erring on one
alan dershowitz. i know that you ruled out the possibility that a joe biden will nominate kamala harris to the supreme court. what are your thoughts on the idea that kamala might be the deciding vote on who gets the job? we have separation of powers to prevent one branch of government from having too much control. your thoughts. yeah. and i think the historians and academics are divided as to whether or not the vice president gets to break a tie on confirmation as distinguished from legislation are. and you don t want a justice of the supreme court to be both nominated and confirmed by the executive branch. the senate is supposed the advise and consent. and so i think it would really delegitimate a justice who was not voted by a majority of actual senators. and i hope the president appoints somebody who will get some republican support, somebody who s more like steve breyer, a kind of moderate, progressive, centrist but not radical leftist who will be a
whites, no males need apply brings us back to the days when the supreme court was an exclusively white male institution. after all, it s only had 13 catholics, 8 jews, 3 women, and almost all recent. it was an exclusive organization for many years, and race and gender should never play a role in the selection process. maria: wow. yeah. alan, i want to get your ache on the idea that it s a 50-50 senate and vice president kamala harris will likely be or may be the diseasing vote on who deciding vote on who the next justice is. we ll take a break and zero in on that, plus the new york times versus sarah palin. get your take on that next. alan dershowitz is here. financ. find a northwestern mutual advisor at nm.com are you taking a statin drug to reduce cholesterol? it can also deplete your coq10 levels.
replacing justice breyer. he s already said he plans to select the next justice based on race and gender, alan. mr. turley, jonathan turley, said it raises a question on whether it s actually appropriate for a politician to use such a criteria that the court itself has found unconstitutional. yeah. i would go even further. i think it may be unconstitutional. if he had said he was going to appoint the first black the first muslim to the court, that would be unconstitutional because the cushion, article vi the constitution, article vi specifically provides no religious test shall ever be required. i think that should be extended to racial and gender texts. nobody should be excluded because they don t fit a racial or gender criteria. there are enormous numbers of qualified black judges and professors who would make great appointees to the supreme court, and i would applaud if the president appointed somebody who also fit those criteria. but to announce in advance no
wonderful to see that sort of turnout and support. the democrats policies are behind all of this. the border policy of essentially an open border come and stay, and then the policies related to defunding the police. i mean, that s what the democrats have been calling for. maria: right. and the president has basically turned over the nominations to some of the highest positions in his department of justice to the liberal left maria: yeah. you have people in those high positions who want to defund the police, and they ve been calling for that, and they re in the justice department of the united states. maria: okay. it is criminal, what this president has been doing in the terms of our nation and our nation s security. maria: well, we re going to talk about the upcoming supreme court justice vote as well. we ll see the he nominates an activist and then extreme left person for the scotus position as well. senator, thanks for being here, we appreciate it. we ll be right back.