in the air. so johan, let s talk about this. this is not the final word from the supreme court. justice alito said this is so consequential and novel, we re going to have to take this up fully as a court at some point, but the key question here is, are social media companies like newspapers and make editorial decisions and therefore, first amendment right applies or they like common carriers of the past like telecom? that s right, poppy. i think that s why you saw the unusual 5-4 split with justice kagen, and reflects this is a preliminary stage at this point and such a big question. it goes right down to what kind of first amendment protection applies to these large social media companies. are they like common carriers? texas is comparing the media companies to telegraph, telephone, some cable operators
who wouldn t have the full robust first amendment protection that a newspaper or other entity that would be making editorial and content choices would be. i m sure both sides thought this was too early to sort of even hint at where to go with this, but took certain positions, the majority clearly saying, put this on hold. we don t even want to see it tested in any way, whereas the centers who wrote and i should make clear to our viewers, justices sam alito, neil gorsuch and clarence thomas said they would want to see this take effect so they could see how it would play out and sympathetic to the texas argument that the media companies are more like common carriers, whereas alena kagen wanted to separate herself from that position there. the court put this on hold while it was considering, and
appointed supreme court justice. how do you think the other justices will treat him. will they sort of put this behind them, close ranks or will this be something that they have to kind of confront with every coming case. a few things. even before this nomination, this fiery nomination, there were justices on this court who thought this has gone too far, too many politics. they must have been shuttering now, given what s happened with this nomination. but they ll embrace him. as you saw, they were there. and keep in mind, he knows a lot of these justices. when he was working in the white house as a young lawyer, he worked on the confirmation of the chief justice. he was hired by alena kagen when dean of harvard law school to work there and went to the same school as gorsuch. the former clerk of kennedy and then if you think about it, remember, justice thomas, he had a very hard confirmation process
reporter ariane de voe. you have breaking news for us? i do. he has now been sworn in. while those protests were going on, he was being administered two oaths. the constitutional oath and the judicial oath. one oath by chief justice john roberts. the other by justice anthony kennedy. he s taken kennedy s seat and he is a former clerk of kennedy. kavanaugh was there with his family, two daughters, his wife and his parents. he was sworn in over a family bible and here s something that s interesting, there were other justices. justice ruth bader ginsburg and alena kagen and clarence thomas and this is all due to the public information officer at the court. let s talk about the other justices. a lot has been made of how they will react to brett kavanaugh now that he is a confirmed
becomes that center? i have to say, keep in mind, with president trump, with his first nominee, he was able to swap justice gorsuch, much of the same but that wasn t the case here. kennedy is a centrist and kavanaugh is to the right. as justice ualena kagen said, we re used to having a swing vote. we had justice o connor and kennedy and now that means that we won t have that anymore. that means feeling like we re owned by one side or the other of the debate. worried that they don t usually talk about this and several justices have. we have about 30 seconds. i want to get your reaction real fast, two comments we learn from the president saying he s 100%