But after being born in marshall, texas in the twenties, when she was 12 in June 1939 she and her family moved 200 miles was all the way to fourth worth. It was her and her two siblings and her mom and dad. They move all the way from the they paid 165 for their house on east any street and new york avenue. Its a Neighborhood Today that is hemmed in on three sides by a Zillion Lanes of interstate and major highways it has the effect of cutting it off from the rest of Forth Worth. Back in the late 1930s, that was before all the interstates and all of that. The most important thing to know about that neighborhood when it comes to young 12 year old opal and her family was that they were a black family, that was moving in from Way Out East by louisiana lake. That neighborhood the removing into was a mostly white neighborhood at least a street. And they move there in june of 1939, they had been told by a local real Estate Agent that it would be fine even though they were a black family moving into a mostly white neighborhood. It was not fine, they did not last the week. It made the local news and the headlines that are still hard to look at today. Fourth worth crowds attacks negroes. Violence climaxed observance of negroes a Mens Position when a crowd estimated of 500 persons stormed the house of otis flake. The Man Hurled Rocks and entered the dwelling and began carrying furniture into the street after mr. Flake, his wife and three children fled from the house. Flake moved into the house last friday. For four nights, since theyve been there, police have watched the area attempting to disperse crowds that have assembled on a nearby corner to protest the moving of negroes into a white residential district. Heres another one. Negroes driven out, furniture burned. Mob fix black from white neighborhood. Police today were investigating him near why it that developed when a group of 500 persons drove otis flake, knee grow, from his recently purchased home. Negroes tenants are protested, this one describe quote Aroused Residents, who have been fighting against encroachment of negroes in the area. That one was actually published in this telegram before the attack that drove the family from their home. This article, negroes ted its our protested describe a crowd of about 150 people that had to be dispersed from outside their home on that saturday night. It is quite possible that that article from the Forth Worth Star Telegram about the Aroused Residents fighting encroachment of negroes was part of how the crowd, the next night, sunday night, ended up at 500 instead of 150. That 500 strong crowd is the one that actually burned them out. About ten years ago, but kennedy at the telegram dug up the old headlines about that attack on the Flick Family for a column he wrote. From the local headlines he was able to piece, he was able to fit together the way 80 vault. Police might have said they were investigating the quote, mobbing, police told the local press at the time that the mob destroyed the familys furniture, broke windows and damaged the building, hit a man at the scene with a baseball bat. The next day, quote, use came into the house and turned on the Gas Jets and fled so the building would burn to. Even though thats what happened and the police were supposedly on it, and theyve been on it for four straight nights by the time the family was family burned out, nobody was ever arrested apparently. According to but Kennedy Nothing further was ever published about the incident or any investigation. And like i said, she was 12 years old when it happened. One of the three children of Otis And Mattie flake who were burned out of that home in June 1939. Theres an interview about it later and she told jackson this quote, people gathered, the Police Couldnt Control them. My dad came home with a gun, and the police told him if he busted a cap, Theyd Lead that mob have him. She says quote, if they had given us an opportunity to stay there and be their neighbors, they wouldve found out, we didnt want any more than what they had. A decent place to stay, jobs that paid, to be able to go to school in the neighborhood even if it was a segregated school. We wouldve made good neighbors, she says, but they didnt give us an opportunity. And i felt like everybody needs an opportunity. Again, that attack that burned the Flake Family out of their home, and what was literally the fourth night they were trying to sleep in that home, that happened in 1939, the summer of 1939 in Forth Worth texas. I want to put back up on the screen there one piece from that coverage from the time that quote about when exactly it happened. Remember this league from the first story that i mentioned, Violence Climaxed observance of negroes and mental patient late tonight, when a crowd estimated of 500 persons stones of residents. Violence climax observance of Niagara Mensa patients, whats that awkward language from the newspaper in 1939 tells you is that this attack happened specifically on June 19th, 1939. It happened during the observance of the emancipation of African Americans in the United States. It was June 19th, 1865, when general Gordon Granger and his Union Troops wrote into galveston texas, that was after The End of the civil war, and they issued, he issued general Order Number three. For the first time bringing news to the 250,000 enslaved black people in texas at the time that by law they were now free. It was actually a huge mural there in galveston on the side where the general issued a proclamation, it says absolute quality, you see that . And June 19th has been celebrated in texas, in the state of texas for very long time. Its been a paid State Holiday in texas since 1979. As in that local News Article from 1939, the day was sometimes delicately called the negroes emancipation. Kamala harris has says that throughout Juneteenth Today she said, it is a National Holiday. Despite the attack on her Family Home in 1939 when she was 12 years old, both young enough and old enough to be deeply scarred and scared for life by something like that, young Miss Opal, again 12 years old when it happened, she survived that attack along with her two siblings. She would go on to play an important role in local celebration of that holiday in texas, specifically in Forth Worth where she live the rest of her life. She was a teacher, she went on to work for a local food charities, and she became part of the black historical genial logical society, which led the local Juneteenth Celebrations every year. But in 2016, when i was President Obamas final here in office as president , as America S First Black President , Miss Opal, now Miss Opal Lee, she decided that she was going to go for broke. She had been doing this work her whole life, she had a special reason for this to mean something very important to her, to turn it into something positive in her life. But she decided she would go big. She had written a letter to President Obama, essentially sort of warning him in the nicest way possible that she was going to come to washington at some point, and the point of her trip would be that this texas holiday, juneteenth should be celebrated all over the country. It should be a National Holiday marking The End of slavery. She thought we should actually celebrate as a country from June The 19th all the way to july the 4th, for independence day. Same way we celebrate Mardi Gras for a big chunk of february, she was saying lets celebrate Liberation And Independence as a whole country together, for the whole end of june through the first weekend of july. In july, lets make that our national Reflection And Celebration of independence, liberation, freedom. So she had sent President Obama her letter, but that in 2016 when it was his last year in office she decided she would go see him. She would walk to washington d. C. , from Fort Worth texas. She was 89 years old, but she did that. Again that was 2016, she has been leading a national effort, a national effort to have the holiday recognize all these years. She said that she wanted to bring 100,000 signatures on a petition with congress. When she went to Capitol Hill in 2020. By the time she got to Capitol Hill with her petition in september of last year, september 2020, she didnt have 100,000 signatures on her petition she had 1. 5 million signatures. She didnt succeed in her goal on that trip to Washington September last year. But you know, try and try again. In february of this year, the legislation actually to create the holiday was introduced yet again, and this time, well, like she said, everybody needs an opportunity. When the house passed it yesterday, Miss Opal Lee 94 years old said she was overwhelmed with emotion. I have so many different feelings. I dont know what to call them all. Im so delighted to know that finally weve got a Juneteenth Bill passed. So many feelings burgling up, i dont know what to call them all. The House Today held a Signing Ceremony to formally convey their passage of the bill and send it to the president for his signature, they dont have to do that, but for something like this, you would do that right . One Republican Wisconsin Senator Ron Johnson for gradually dropped his opposition this week in the senate passed its harris signed it as president of the senate, she doesnt have to do that but again for something like this you do it, right . President biden was in geneva for his summit with the russian president only yesterday afternoon, it was not at all clear when he would be back in planning to sign the bill, but you know June 19th saturday so little hurry up was going to be worth it to be able to celebrated as a country for the first time this year. Not just this year, but this week, right now. And by right now i mean this afternoon in the East Room of the White House. Miss Opal Lee was on hand for the Signing Ceremony she was given pride of place with a front Row Seat among 80 congress members, local officials, activists, community leaders. Her role in the events that led to the passage of the bill warn to the place for her in the president s remark tonight. Throughout history, juneteenth has been known by many names, jubilee day, freedom day, liberation they, Emancipation Day and today a National Holiday. [applause] and looking out across this room, i see the advocates, the activist, the leaders, who had been calling for this day for so long, including the one and only, Miss Opal lead. [applause] [laughs] we just received a special recognition from the president of the United States. Opal lee receiving a special thanks and congratulations from a kneeling president of the United States, you dont see that very often. After that acknowledgment, it was President Bidens turn to mark the uk shun. The president noted that juneteenth celebrates a day, of what he calls, profound weight, but also profound power. A day on which americans much remember quote the moral stain, and the terrible toll that slavery took on the country, but also its extraordinary capacity to heal and to make a better version of ourselves. President biden said today was not enough to just commemorate juneteenth, to honor the true meaning of juneteenth we have to continue towards that promise because we have not gotten there yet. He said his administration were committed to it. He also referenced the continued attacks on Voting Rights, led by republicanled legislatures, saying the journey would not be easy so long as the sacred right to vote remains under attack, and then he to singled out missiley for helping us getting to where we finally find ourselves today as a country. Were blessed to mark the day of Opal Lee. I had the honor of meeting her a couple of years ago, she told me she loved me and i believed it. I wanted to believe it. Miss opal, you are incredible, a daughter of texas, grandmother of the movement to make juneteenth of federal holiday. You are an incredible woman, Miss Opal. She made it her mission to see that this day came, it was almost a singular mission. Shes walked four miles and miles, literally and figuratively to bring attention to juneteenth. To make this day possible. I asked, once again, We Alston and give her a warm welcome. [applause] 94 years old. Remarkable acknowledgment of the work of Miss Opal Lee today. At the White House. You think about the two sides of this in her life, right . 12 years old, juneteenth, 1939, her family is burned out of their home in texas. By a white mob. There is never anybody held accountable for it, never anybody arrested. She lives her life celebrating the juneteenth holiday in texas, helping texans recognize and they do in that state. She decides the country needs to recognize, its not because of what was done wrong to her that she wants the country to know about, its a last thing she wants to talk about anytime someone interviews or. Its about celebrating The End of slavery. Turning that day, which for her family was the darkest Day Imaginable into something that is bright, and positive in a moment of reflection for the country. After that Recognition Today from the president , of course time to sign the bill, the president called it an enormous honor to do so. He said Today Signing would go down as one of the greatest honors of his presidency. He made sure miss lee got a special souvenir to mark the historic day. The first pen he used. She seemed pulled over by the pen to the point where she dropped it, but Vice President harris picked it up for her. She said thank you. You know, this is not to say things arent going to get weird about the Observance And Recognition of this holiday. Things are particularly weird on the right right now in american politics. How is the holiday going to roll out across the country . We will see. Congress and the president cannot actually proclaim a National Holiday. Being shorthanded it is a National Holiday, but its not. Congress and the President Cant Force the wide observance of something in the same way in all 50 states. They can only declare a federal holiday not a National Holiday. That means is to be observed by Federal Workers wherever they work in the country. Also to be observed in washington d. C. In every state, its every states call as to whether or not they acknowledge and recognize the holiday and how they do so. Its an interesting political dynamic that in texas, juneteenth has been observed as a paid State Holiday since The End of the seventies. Maybe that will take some of the fear out of it for republican controlled states around the country that texas doesnt and has long done it and its okay. The photos from the president s Signing Ceremony today will reflect for history that Republican Senator John Cornyn of texas was there at the desk when the president signed it, among all those democrats. And Miss Opal ali. Yes, Miss Opal Lee was there and all those democrats supported, and so is John Cornyn of texas, and maybe that will help. You know, there is at least one republican State Legislator Candidate in virginia who is already proclaimed that this weekend he will hold a juneteenth Community Shooting day, a gun rally, a Community Shooting for juneteenth. The good folks at Fox News prepared Last Night for the signing of this new law commemorating The End of slavery today, by running and interview by one of their Primetime Hosts that was all about how black people just have lower iqs than white people, and that explains why black people do get paid less for their work and why they should get paid less because the biological inferiority of the black race. That wasnt 1939 at the Mob Attack on east any street in Fort Worth. Well, it was. But that interview on the Fox Streaming Channel conducted by one of the Primetime Hosts was Last Night. We have a new National Holiday commemorating The End of slavery, as of today. Federal workers will have tomorrow off in honor of the juneteenth holiday, juneteenth this year is saturday, it will be observed tomorrow. Weve got a new holiday for that at us today. Thanks in large part to Opal Lee. Weve also got a long, long way to go on this, and its not going to be a straight line. E. Just two pills for all day pain relief. Aleve it, and see whats possible. Front desk. Yes, hello. Im so. Please hold. I got you. All by yourself. Go with us and get millions of flexible booking options. Expedia. It matters who you travel with. Did you know Prilosec Otc can stop frequent heartburn before it begins . Heartburn happens when Stomach Acid refluxes into the esophagus. Prilosec otc uses a unique Delayedrelease Formula that helps it pass through the tough Stomach Acid. It then works to turn down acid production, blocking heartburn at the source. 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Military force in response. That legally and formally started would ultimately become known as the war on terror. But in the immediate wake of that attack on the country, again, just a couple days after the attack, not a single member of congress voted against authorizing that use of Military Force. Except for one. This unspeakable act on the United States is really forcing me to rely on my moral compass, my conscience, and my god for direction. September 11th changed the world. Our deepest fear is now haunting us. Yet i am convinced that Military Action will not prevent further acts of international terrorism against the United States. Can you imagine how scary it must have been to stand up and say that . We were so terrorized and terrified as a country, but to have that courage of conviction, to have that sense of purpose and moral compass, to have the bravery to stand up and say this horrific act has made me come to a different conclusion than all the rest of you, then every other member of congress. Imagine what that took in the moment . California Congresswoman Barbara Lee was the sole member of congress who decided that day that the tragedy of 9 11, days earlier, horrible as it was, was not a good justification for an openended legal authorization to get the u. S. Involved anywhere in the world in what would become decades of war. A year later, the house was set to vote on yet another Blanket Authorization for these Military Forces picked to invasion of iraq. That time when the vote came, Barbara Lee was not alone. 100 to over fellow House Maunders voted with her against authorizing the use of force for the Iraq War. That wasnt enough to stop the bill. Instead of one forever war, america then had to. This year will mark 20 years since congressman Barbara Lee took that first vote against americas an ending wars. Illegal authorization that allowed america to use Military Force in the name of 9 11 in a way that was an ended and global. During the time those authorizations for the use of force have remained in place, theyve been used as justification for all kinds of military interventions all around the world, even ones that had precisely zero to do with Iraq Or Afghanistan or 9 11. It became a Blanket Authorization for the use of Military Force at the president s say so that congress ever having to weigh in again. Now, all of a sudden, things appear to be changing. Today, the House Of Representatives voted on a resolution to repeal the authorization for use of Military Force. The second one, that started the Iraq War. The Lead Sponsor of the bill two and one of americas longest war, stu and, to repeal that authorization for the use of Military Force was none other than the same congresswoman, Barbara Lee. And this time, she not only had company, but the majority was on her side. The resolution to repeal the authorization for the use of Military Force passed 268 to 161. Persist. Persist, persist, persist. Takes forever, and then it happens. Joining us now, democratic california congressman Barbara Lee. Congresswoman lee, its good to have you with us. Thank you so much, its been a huge day today. Thank you ice being with you, rachel. Before i actually ask you about i have to ask you about the juneteenth vote, and the Signing Ceremony. Am i correct you were at the Signing Ceremony today . Oh yes, i was there how was it . Thank you for covering, this rachel. This is quite a historical moment for our country. We need to make sure these stories are told about everyone in our country, including African Americans and the horrific, barbaric middle passage, and slavery, and what happened. I have to say its personal for me also, because my grandfather who helped raise me in texas, was born in texas in 1875 in my great grandmother was enslaved in Around Galveston and one of the small towns. So this is really a major deal. Weve celebrated it all our lives. I moved to california in 1960, but i continue to celebrate juneteenth and my family did. This is really remarkable, but it is a moment for us to recommit ourselves to finish the unfinished business of justice and racial equity, and true freedom for African Americans. For you, given the personal connection that you just described to the national commemoration of juneteenth, and your personal role, your honestly legendary bravery on authorizing Military Force after the Terrorist Attack of 9 11 to, have those two things coming together at the same time, in the house, literally within 24 hours this must be a momentous time in your life . This must feel like youve risen to the peak . Rachel, i tell you, its overwhelming in some respects, but it just reminds me that this is a long haul were in, its a marathon, i hope the young people understand that the fight for justice, the fight for democracy and to protect our constitution, sometimes it just doesnt happen right away, but we have to be persistent. We have to know what were doing. We have to believe. My dad was in the military 25 years, im a military brat, there was no way that i could authorize the use of force forever, and that was a 60 Word Resolution right after 9 11, authorizations that i just could not support. It was interesting to see, i think it was 39 republican members of the house joined more than 200 democrats in making this vote happen. I wanted to ask if you were surprised by how bipartisan this vote was . I have seen some interesting contours where this issue of authorizing Military Force and indeed the use of american Military Force around the world doesnt always fall neatly on partisan lines. I wanted to ask of those faux total surprise you at all, and if that gives you any confidence in predicting what might happen in the senate . Which of course would need to do the same thing for this to get to President Bidens desk. We built the support over the years and i just want to say i have to thank the chair of the foreign affairs committee, Speaker Pelosi and mr. Hoyer for helping us navigate this to help us getting it to the floor. The Americans For Prosperity supported it this fifth inches happen overnight, we had build bipartisan support over the years. I was very pleased that we got 49 republican votes. Ive been working with so many and i have to remember walter join, who passed away a few years ago, he helped me making this be a bipartisan effort. Here we are moving into the senate. At spoken with Senator Cain, were cautiously optimistic that we will be able to move this forward. The president has indicated that he is ready to sign it, he issued what we call a statement of support. We have to keep working. I am hopeful and confident that sooner or later, hopefully this year, we will get this to President Bidens desk for a signature. It is your work that is bearing Fruit Tonight and in so many ways. I dont know about your personal situation in your life right now Congresswoman Lee, but you better have somebody who has bought two flowers or at least a cocktail tonight, because this is the culmination of a lot of very hard work. It is a testament to your leadership, thank you so much. Thank you, rachel. Really enjoyed being here with you. All right. As i said that bill that passed the House Today in an overwhelming vote, and a very bipartisan vote, it now heads to the senate. As Congressman Lee just said, the chief advocates for repealing this, the authorization for the use of Military Force, the chief for repealing that has been forging a democratic senator Tim Kaine, Senator Cain happens to sit on the foreign Relations Committee its gonna be the first place it gets a vote in the senate. Senator cain joins us live now. Senator, thank you so much for being here, i really appreciate you taking the time tonight. Rachel, its great to be with you and especially to follow barbara. She has been just so fantastic on this issue. Juneteenth and a repeal, she needs to buy a Lottery Ticket before midnight tonight, i think today is a very lucky day for her. Senator, she said that she has talked to you about what happens here next. As i mention, i feel like the partisan lines dont map neatly, in terms of using Military Force in specific instances or the ideas of these openended authorizations when it never has to come back to congress and we have seen that power in a way the constitution didnt mean for us to do. Because it doesnt have need partisan lines, and mapping, i do feel like these things are hard to predict in the senate. Do you share Congressman Lease cautious optimism that this repeal is going to pass the senate to . Rachel, i do. Im not so cautious. I think were gonna get a great vote in the senate foreign Relations Committee on tuesday. I have a cosponsor in this effort to repeal, both the Iraq War resolutions, 1991 in 2002. Congress passes these War Resolutions and never repeals them, and they float out there in space like zombies that can be used by Mischief Making Executives to do damage. So, it was a historical vote in the house because congress doesnt have a Track Record of repealing these. But together with ty young, ty young, constitutional conservation indiana, marine veteran, he is my Chief Cosponsor on this bill. If you think about Barbara Lee, whos one of the most progressive members of congress, tied young, constitutional conservative, im 63 years old and i still havent figured out the label for myself, but i think that we have a great path to a strong bipartisan vote on tuesday, and then we have both the House Bill that barbara has championed, our Senate Bill and then we are writing the defense authorizing right now and that might also be in place to put the repeal of the iraq resolution. We have a couple of vehicles, were gonna have to talk about the fastest way to get this to Joe Bidens desk. But this will be a big historic stack, and you wrote a book about it in 2012, your Book Drift about the way we have switched from congress declares war, the legislative branch, no other country doesnt like that, but thats what our framers decided would be best. We drifted to unilateral executive wars and thats been to our nations detriment, this is about one branch pull some of this power back to the way it was intended to be. Because of that first of all, thank you for plugging my book, im not sure this might be a first in a Cable News History where the guest plugs the host book. This is mans by its dog. I will say, because of that dynamic that we were describing, that basic constitutional dynamic which i think is at play here, it seems to me like a positive thing, a really important positive thing that President Biden supports doing this. The beneficiary of these openended authorizations where Military Force can be used anywhere in the world indefinitely without ever having to come back to congress, the beneficiary of this is the commanderinchief you can order Military Action without having to consult with congress. For a president to say, you know at, i should not have that power in an openended way we should return it to the way that the constitution intended these authorizations should be ended, and if we need a new one for a specific reason we will pass it then and it wont be openended. That she seems like a counterintuitive thing for a president to agree to. Was that essentially the spark to finally get this done after all the debate that you and Congresswoman Lee have led on this after all these years . I would say barbara has been a but i think the ingredient that really has been key is Joe Biden. And what i would say is Joe Bidens confidence and his competence. No one who has been president of the United States since lbj has understood more the powers of the article in congress than Joe Biden. 36 years in the senate, chairman of the senate foreign Relations Committee, and it takes an extremely self confident president to say, i want to inhabit any square centimeter of the article two powers, but im not threatened by a Congress Inhabiting Every Square Centimeter of the article one powers. Most president s feel threatened when congress starts to exert some interest in War Power issues. Joe biden doesnt feel threatened, he understands congress has to be as vigorous in protective of article one powers as the president is of article two powers. So i think we will successfully repeal the Zombie Iraq or through Isaih Shun of 1991 and 2002. My hope is by september, the 20th Anniversary of the 2001 authorization to which War On Non State Terrorist Groups would cactus, we will hopefully reach a Handshake Deal with the White House about the way to more narrowly described and to describe to the american public and provide limits on our actions against non State Terrorist Groups. Were working very closely with the White House. Its just night and data have a White House that wants to work on this versus once that sees it as a threat to their own prerogatives. Exactly, one who not only understands the constitutional prerogatives but isnt insecure about them. It is amazing how much progress you can make once you drop that. Virginia democratic senator Tim Kaine who has led and educated on this issue for so long, sir, this is a big step forward and im sure the next few days are going to be very interesting as it heads to the senate. Thank you for helping us out tonight. Thank you, rachel. Good to talk to you. Much more ahead. 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The total number of americans who have Health Insurance because of the affordable Care Act clocks in at about 31 Million people. Today all people can breathe a sigh of relief because the Supreme Court this morning rejected a case brought by republican led states that had asked the court to kill the affordable Care Act altogether. The courts said no, they wouldnt do that they left it in place. And in so doing they blocked what was conservatives third effort at the Supreme Court to kill the bill. The Supreme Court first upheld the constitutionality of obamacare nine years ago, that was a 5 to 4 ruling. Then six years ago, they upheld its constitutionality again, with a six three ruling. Now today, even though the court has three justices appointed by president trump, the ruling was even more lopsided, it was 7 to 2. Its gone to 5 to 4, 6 to 3, to 7 to 2. The justices didnt rule on the socalled merits of the case, they just ruled that the republican officials in texas and the other republican states are suing did not have standing to bring the suit. But it does seem at least for now, that this fight is over. Republicans, of course, could keep trying. But i might recommend that they get a new hobby. The Majority Opinion in the Case Today was written by the sort of Center Justice Stephen breyer, Stephen Breyers name has been on a lot of headlines recently because he has been facing impassioned calls to step down from people who worry about a repeat of what happened in 2016 when republicans blocked President Obama for failing to fill a seat. If the senate is retaken by the republicans even with Joe Biden and the White House nominating somebody to fill Justice Breyer seat, nobody is confident that Joe Biden will be allowed to put his own nominee on the court. We expect more than a dozen outstanding cases to be decided by the Supreme Court in three different days they will give rulings next week. The biggest ruling of the term is now decided. Those affordable Care Act ruling today, an opinion written by the longest serving justice appointed by democratic president. Should we expect news of significant terms of the ruling, or in terms of their makeup as a court. There is Nobody Id rather talk to about all the above than the host of the excellent podcast which is called americas. Dalia, great to see it. Thank you for joining us. That time of year, rachel good to see you. Weve got three more days in which we are going to get more rulings next. Week its monday, wednesday, and friday. The most consequential ruling we were waiting for was this one on the affordable Care Act, right . I think this one and probably fulton when it came down today on the collision between religious liberties and civil rights and Foster Care in philadelphia. That also was quite a narrow decision. You are right, its the one a lot of folks are holding their breath around. In terms of the closed Court Session as we look towards The End of next week, and the court issuing its rulings. A lot of people around the country are looking at the court and wondering if Justice Breyer is going to retire so he can leave on his own terms, and it gives not only the democratic president but the democraticcontrolled narrowly democratically controlled senate a chance to replace him. What do you think of all the drama around that . Its such a funny situation, rachel. All the the only person in The End it was the determinant of what hes going to do is Stephen Breyer and hes made clear time and again, including in an interview he gave me at christmas time that he just doesnt think that Court Justices are political, and that this is a political question, and it will retire when he wants to retire. All of these swirling questions about we have a 2 57, it Mitch Mcconnell announcing this week that hes not going to ever confirm a biden on many if he gets control of the senate. None of that seems to be part of Justice Breyers calculus. And i would say paradoxically, the more hes pushed, there is a bunch of ads coming out in the next couple of days. A whole bunch of liberal scholars, 18 scholars signed a letter saying please get off the court. The more he is pushed, the more, in some sense, he is persuaded that this all looks really political said he better stick around. In terms of how the court is operating right now. Weve had some unusual splits in terms of the number of votes. I think people were surprised to see justice thomas on the side he came down today with the affordable Care Act rolling even though it was decided on these narrow standing grounds. I wonder, i think people also read into the fact Justice Breyer wrote the opinion in the affordable Care Act that maybe that was a sign we should return to something in terms of whats going on among the justices. Do you think those are Tea Leaves fourth reading in terms of how the vote splits happen . How the sort of Consensus Effort is going led by the Chief Justice . Who is writing which opinions . We treat it like criminality but the thing that suffice worth watching, or not . Its worth watching, but i would be precise to say at the same moment this morning, a lot of Court Watchers were saying, John Roberts signed the case to breyer. That means hes telling breyer you are done here, move on. There were people saying John Roberts signed the case to breyer, that signals he is telling Breyer Stick with it the best is yet to come. Its not just kremlinology, its kind of a little bit reading into it what we want to see. Im not sure what to make of the fact that Chief Justice assigned this to breyer, but i think its probably the case that its just of a piece of this larger effort to say, why is It Everybody except Steve Breyer wants him to retire . The more we push him, the more he digs in. Im not pushing, im not pushing. I would never push ive never faced anything in my life. Why would i started now . [laughs] Dahlia Lithwick who covers the courts, she hosts an excellent podcast. Thank you as always, great to have you here. Always a treat, thank you. We will be right back. Stay with us. Stay with us r most punishing Test Facility yet, in our effort to build the worlds safest cars. Weve created Crumple Zones and autonomous braking. Active Lane Keeping Assist and Blind Spot assist. Weve introduced airbags, Side Curtain airbags, and now the firstever rearmounted frontimpact airbags. All in the hope that you never need any of it. Wondering what actually goes into your multivitamin . 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Mitch mcconnell, the leader in the senate, pledged zero republican senators will vote for a voting Rights Bill no matter what. Senator manchin and effectively blamed democrats for, that implying they are to blame for republicans all saying no to it. They are to blame for crafting their voting Rights Bill in such a way that no republicans felt like they could get behind it. Interesting development on this. Yesterday, rather than just continuing to say that, blaming his colleagues, Senator Manchin decided he would try to prove it. He decided to show his work on his theory. And he rode up a list of what he thought should go in a voting Rights Bill that he thought should get both democratic and republican support. A very different set of proposals and what democrats have put in their bill. As a bunch of stuff on it that things republicans wanted democrats really dont. 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And this notion that if we talk about it, it will make him more resistant to be completely rational choice to step down at this time. It strikes me as just so childish. Senators face this all the time. Members of the court have faced it throughout