court. the biggest issues like voting rights and reproductive rights and like we found out this week, affirmative action. now joe biden will make his mark on the high court with news that justice steven breyer plans to retire at the end of his term. he refuses to tell about his intentions, and it means president biden has to nominate someone on the court. it gives him an opportunity to fill that seat for decades to come and to make good on his promise. >> i'm going to make good and get a black supreme justice on that supreme court. no joke. no joke. >> they offered no specifics from justice breyer. among them, nominee johnson. she was confirmed with the support of all 50 democratic senators and three republicans, susan collins, lisa murkowski and lindsey graham. justice leonore kruger, associate justice of california supreme court, michelle childs, u.s. drikt judge south carolina, leslie abrams gardner and sherri lyn ifil of the naacp legal defense fund. we should be prepared for a fight. mitch mcconnell told hewitt last year that he would block a nominee if the senate gained control and a seat opened back up. >> if you were back as the senate republican leader, and i hope you are, and a democrat retires at the end of 2023, and there are 18 months, that would be the anthony kennedy press -- precedent. would they get a fair shot at a hearing, not a radical, but a normal mainstream liberal? well, we'd have to wait and see what happens. >> but the ghouls are gearing up for a fight. if democrats hang together, which i suspect they will, they have the power to replace justice breyer in 2022 without one republican vote in support. elections have consequences and that is most evident when it comes to fulfilling vacancies on the supreme court. in other words, majority leader chuck schumer does have his work cut out for him. he said justice breyer will get a hearing with speed. he offered rulings on abortion and the death penalty, among others, has yet to make it official. he argues that justiced should be loyal to the law and not political parties. biden is anxious to support any democratic nominee, whoever it may be, at a time when justices rushed through amy barrett coney's nomination. she was elected in just 26 datz. eugene, and erin carmone and author of the great book, "notorious big." i haven't seen you in a long time, erin carmone. i'm going to start with you, author of the "notorious bgg." >> because of ruth bader ginsberg's decision not to retiring during the obama administration, as you just mentioned, amy coney barrett was rushed through against ginsburg's wishes. it was an undoing of her legacy and the denial of her dying wish. he can also see he can read a poll just like anybody else. he served on the senate judiciary council, he's a pragmatic animal. he realizes the clock is ticking and there are many who were there to remind him the clock was ticking, and he was able to, while it may not have shaken the balance, he made sure when leaving the court it did not cause greater damage. we know a 5-3 court is bad for progressive, a 6-3 court is worse, and a 7-3 court is without question. >> this isn't a change in the idealogical makeup of the court, but it is a long-term change should president biden nominate someone really young that could serve on the court for 40 years or so, whatever, 30, 40 years. so what does it mean, big picture, for biden to have this chance, and what would it mean -- what would it say about the republicans if they try to fight it, anyway, or if some democrats joined them and tried to block it? >> well, i agree with you, joy. the statement that was made by the senator from missouri about appointing someone who loves the country, that was stupid and it was almost slanderous. the president doing this, even a president you may not agree with, shows how far our country has come. these are milestones on the court and in american society. you're talking until 1967, auz -- as you all know, for there to be a black person on the supreme court. they chose thurgood marshall and clark's father was on the supreme court. reagan in 1981, reagan didn't do everything right by a very long shot, but he did appoint the very first woman to the supreme court. here we have a case where joe biden has committed himself to putting the first african-american woman on the supreme court. it should have happened a long, long time ago. >> elliott, i think we know what doc holiday meant when he put up america. any of these women will be the human embodiment of critical race theory and they're going to go after issues directly related to race. the argument against them will be highly racialized by republicans, because by love of america, they mean the uncritical of america's history when it comes to race, and particularly when it comes to black people. i wonder what you make of this opportunity that biden has and what he might do with it and if you have any tea leaves of who he might choose from this incredible list of judges. >> first let's dispense with the qualifications argument. all of the women that are being bandied about right now are immaculately qualified, particularly when you talk about jackson who is maybe the leader in the clubhouse right now. we're talking about a woman with a harvard college degree, harvard law degree, who has served on the sentencing commission, who was a long-term judge sitting right now. you don't get more qualified than a leandre jackson. of the people who have served on the court, 108 of them had the right guy. so maybe the best available is the white man, when if we look at the diversity of the country, we can find the most qualified candidate for are the job. we should not have an issue for their qualifications to say nothing of their moral issues. i'm pretty sure joe biden will not nominate somebody who will be accused of having ripped somebody in high school. i'm sure joe biden will not nominate someone who was purged of congress. there are professional qualifications but there's also moral qualifications, which, as i can see, every one of those black women has. >> to that point, i feel like in some ways republican nominations have either been a bait and switch on black folks as when clarence thomas was nominated to replace the great thurgood marshall, so they're saying, look, we're going to give you a black person, but it's somebody whose agenda on the court stood in the way of everything thurgood marshall stood for. and she sits on that role on the defense education fund. or it's all punitive or the highly stringent idealogical regardless of their moral qualifications. you think of a kavanaugh and the same with clarence thomas, things we're accused of. to think that court has control over our bodies with two men like that is scandalous for a democracy. so what kind of moral -- i don't know, what kind of moral case ought biden make when it comes to his nominees? he will get attacked, because these are black women if he does elect a black woman. >> absolutely. just to lay out the playbook elliott was laying out, a former breyer clark was used in the same playbook you saw with judge sonia sotomayor. very racialized, very misogynistic to these attacks. i would say after the nomination of amy coney barrett, and they said we should nominate her because she's a woman and it will look better when we overrule roe v. wade. amy coney barrett had a very thin resume. she only served three years as a judge. it would be very rich and it would not be surpriing if they had the hutzpah to attack a woman after the amy coney barrett situation. we know it is black women and women of color generally who are disproportionately affected by these restrictions and who suffered disproportionately from the highmore at that time rates in this country. so, unfortunately, even if the court guts roe v. wade, it may not be the end of the story. we know for sure the court has affirmative action in crosshairs even if it is dissent for the black people in the room will be incredibly reticent, even if it is a fun job. >> that's the big picture, right, is that these decisions are being made about the lives of black and brown people, the lives of muslims, whether they can travel to this country, the lives of students, whether they can go to school, et cetera, et cetera, et cetera, by people who have no relationship to their lives, who don't understand them other than, you kind of look like my driver, right, they don't understand these communities. how important is it just from the big picture to at least have black women who are the biggest supporters of democrats in terms of the vote that is turned out, in the room to look across that lectern as people like kavanaugh and thomas, et cetera, are taking our rights away? >> it's usually important. everyone is a stakeholder, and last time i noticed, black women in this country were hugely important, contributing stakeholders who were not represented in the supreme court. and the other thing is all these candidates who you mentioned this evening, joy, every single one of them not only has wonderful backgrounds, as eli mentioned, not only smart people, not only meshed with the president of the united states, but these are all people who are persuasive. since we're talking about steven breyer tonight, one reason i honor, and i think i speak for all of u steven breyer, not only his views but most of his rulings, but this is a very smart, persuasive man who has actually gotten people on the other side and people who may have been wavering to agree with him on certain issues that a less persuasive person might not have done. final point. joy, you and i established one of our least favorite presidents is woodrow wilson, and woodrow wilson appointed in 1914 -- i think you see where i'm going -- a guy named james mcrill. he served on the court for 30 years as an anti-semite. there were two judicial justices that were there. he shunned them all that period. >> this is going to be very interesting. we await to see what happens with the two usual suspects on the democratic side, whether they will stand by this nominee, whoever she might be. we shall see, and add elliott would say, maybe he should just expand the court. ali stall, irin carmone, michael beschloss, thanks for being here. do the vaccines work against covid-19, yes or no. >> yes or no questions are not that easy to find in science. and it didn't get any better from there. and tonight's absolute worst. as one high school student so eloquently put it, we'll never be remembered in history as the good guys. 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more on ongoing investigations. >> that was deputy attorney general lisa monaco dropping the bombshell news yesterday that the justice department has opened an investigation to the fake election certificates submitted by pro-trumper republicans in seven states. in five of those states, republicans not only forged official documents, they impersonated real electors in order to falsify results and award donald trump the presidency. as we all know, they did this at the behest of the trump campaign, which could be a conspiracy of election fraud. they also broke the laws in their respective states and should still be held accountable there without delay. they told the "washington post" they are already cooperating with the feds as they prepare parallel efforts. the non-democracy group law forward is receiving similar action from wisconsin's attorney general. they point out eight felony statutes that trump's fake electors have allegedly violated. the 14th amendment explicitly bars them for having engaged in dish insurrection in the country. they are challenging made son cawthorn to run for reelection. she was a cheerleader for the insurrection before and as it took place. they said, it should not be difficult to prove you are not an insurrectionist. it om seems to be difficult for madison cawthorn. i will start with you, steve, since you were a former republican strategist. madison cawthorn before and after january 6, the future of this republic hinges on august 24. political prisoners if we were going to bust them out. if our election systems continue to be rigged, it's going to lead to one place and that's bloodshed. his lawyer is now citing the confederate amnesty act to defend him. his lawyer talks about this 1882 amnesty act who freed others. he's using the confederate defense. your thoughts. >> his statement speaks for themselves, joy. he is engaged in what in the end will be a wide-ranging conspiracy to overthrow the illegitimately, democratic elected general of the united states. that's what this is all about. now, with madison cawthorn, putting aside for a moment that he is a political extremist and has proven that many times over and over, this is a character like the talented mr. ripley. everything about this person, and i mean everything, the details of his accident, his supposed admission and denial into annapolis. every assertion of fact that he has ever made about himself and who he is, a character from a movie, and he is a member of congress in his mid-20s who is constantly inciting violence on one social media platform or another. so this lawsuit is meritorious, it is appropriate, and he's just one member of congress that by the time this is all over will be clearly implicated in this conspiracy, not by the things that we don't already know, but powerfully by their own words over this past year. so, look, he is what he appears to be, a young fascist who detests american democracy, political extremist who yearns and thirsts for political violence to break out. he is appalling and dangerous. >> i think that's fairly clear. the thing is, michelle, none of what's been done in terms of this insurrection was done in secret. it was all done quite openly. these fake electors were sending in to the national archives, saying we want the vice president to use these certificates that are forged. all of this was done quite brazenly and quite openly as if they didn't understand what insurrection was and what a coup is while they were doing one. there were memos circulating around congress in the white house passed around. it feels like to me, republican party as a whole, just embrace the idea that we're going to overthrow the capitol. he used to come on here and do political talk just outwardly admitting to ari melber that he was involved. >> yes, i was part of the process to make sure there were electors to make sure the seat of the electors would be seen and heard. everything was done legally by the trump legal team according to the rules and under the leadership of rudy giuliani. we illegally fought the truth. >> he said illegally but i think he meant legally. >> that's the way trump did everything, was to do it in plain sight. if it's in plain sight, it looks less like a conspiracy. it's kind of discombobulated, are they really doing this? something you see with trump is the line is sometimes hard to parse. just because it looks ridiculous, that you can just go to the coffee shop and send it to the national archives, just because it's laughable doesn't mean that there wasn't also a real plot. and i think that when you have an authoritarian government, you can put forward the laughable, the farcical with a straight face and kind of demand that people accept the absurd. that's what you can see from trump and the people around him over and over again. but, again, i think the shoddiness of it, the amateurness of so much of it can, in some ways, obscure the seriousness of it. >> i totally agree. steve, i think that's the challenge, right? they make a mockery of what a congressman or senator is supposed to be like, but they still hold the power that a congressman or senator has. they still hold that power, so they're dangerous even if they're stupid. >> of course, they are. they hold real power. some of them in the case of trump and his appointees across the depth and breadth of the federal government during the pandemic response held the power of life and death. there was a meeting in the white house where jared kushner deliberately decided that there would be no federal response in the early days so that this could be stuck onto the plates of the blue state governors, the feeling being that they would suffer politically and that trump would somehow be immunized from it. so it was on one hand profoundly stupid politically, but more importantly, an act of evil and a moral act that consigned a lot of americans to death. so when you take people who are immoral, who are undemocratic, who have contempt for people who look differently from them, who worship god differently than them, who have that autocratic impulse and you give them power, there are consequences in everything unfolding in the world at this hour is a result of the chaos that was unleashed over these years that culminated in its end with an actual subversive president and his government in 21st century america. this is one of the most profound things that have occurred in our history, and if it's not dealt with, we can sign ourselves to an obvious fate. we will lose democracy to people who want power greater than a people who want to preserve democracy, and this is important, because it's the only system that has ever existed that places the dignity of the human being above the power of the state. >> and last word to you on this, michelle, some might call it cacklestocracy. >> i think you will have the party of matt gaetz in charge of them, and not only are they going to end this investigation, they're going to, as they said, start their own trumped-up investigations. they're talking about investigations into dr. fauci, into, you know, kind of -- their investigations to legitimize the big lie. so we're likely to see the house of congress become an ongoing trumpist circus. >> a circus, indeed, and a dangerous one. steve schmidt and michelle goldberg, thank you very much. russia is leaving the ukraine door open for negotiations. pretty understanding why president biden is lashing out now. next. president biden is lashing out now. now. at any time gut-focused entyvio is made for you. entyvio is the only medicine just for uc and cd that is gut-focused. entyvio has helped many patients achieve long-term relief and remission. it may help you, too. infusion and serious allergic reactions can happen... during or after treatment. entyvio may increase risk of infection which can be serious. although unlikely, a risk of pml, a rare, serious, potentially fatal brain 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$25 for a 3-month prescription. our actions over the past week have sharpened the choice facing russia right now. we've outlined a diplomatic path. we outlined steep consequences should russia go into aggression. we and our allies and partners are united across the board. it remains up to russia to decide how to respond. we are ready either way. >> with ukraine under growing threat for a russian invasion, the united states has been clear that while there is still a diplomatic path forward to ease tensions, russia should not test u.s. resolve to inflict severe consequences, and nato's resolve, to inflict severe consequences should they choose the wrong path. vladimir putin has an apparent need to show strength in a diminutive russia. he controlled media talking points in his path. >> i have president putin. he just said it's not russia. i would say this. i don't see any reason why it would be. i think putin has been a very strong leader for russia. i think tell you president putin really feels, and he feels strongly, that he did not meddle in our election. what he believes is what he believes. >> he's a killer. >> we have a lot of killers. do you think our country is so innocent? >> mina dillon, associate leader at our schools. >> nice to see you. >> thank you. i'm curious to get your take because republicans are using this growing tension over ukraine to say this shows that biden is weak, president biden is weak, that the russians only respond to strength. but, you know, as i see it, that seems to be the opposite of what's true. what the united states was to russia for the past four years under the previous president was kind of a lap dog, kind of a bestie, kind of a road dog. trump really sucked up to putin and that had to inflate his ego, and not having that anymore seems to be part of maybe why he is the way he is now. is that true? >> i'm sort of agreeing with you and disagreeing with you, because i think republicans are wrong that president trump was trend and that biden shouldn't behave this way. it is incredibly hypocritical of him. i'm also not entirely of that thought that trump was a lap dog for putin. trump does love strong power. he does love ddictators. it's not just putin, he loves all of them, xi jinping and whatnot. actually russians were much more -- in the public in the media, they all loved trump. putin certainly appreciated the fact that there was a president in the united states who says, oh, putin is the greatest. i think it's not that straightforward, but certainly the republican talking point right now is that biden, therefore, is bordering on the insanity. >> what do they make inside the kremlin of the fact that the most watched cable news host right now has replaced donald trump as being the chief sycophant for putin? he seems to be a huge fan of his and is sort of teaching his audience to also be fans, to the point where republicans are calling them and saying, don't side with putin. tucker carlson is now worried that the love for putin has gone too far. they describe carlson that he attended advanced training courses at the russian foreign ministry. here is some of what tucker does on his show. >> why is it disloyal to side with russia but loyal to side with ukraine. they're both foreign countries that don't care anything about the united states. kind of strange. so at this point ukraine exists to torment vladimir putin. >> why shouldn't i root for russia, which i am? >> what does that do inside russia, to have that kind of support on cable television in the united states night after night. >> well, it is fox news, so, you know, it's not like he has support on cable television, he has support on fox news. even russias don't understand what it is. i do have news for tucker carlson, though, because for a year and a half i was writing a book, and i actually mentioned tucker carlson as that example, and nobody knew who he was. so he's a good talking point on the kremlin-related tv, but as a normal person, even those who watched the kremlin, forgot there were some that really didn't like putin but who really cares. it's this sort of fake news reality that he himself created, deciding like trump, he's going to be pro-pout in. >> we're out of time, but i just want to show off the map. it's a huge country -- second size only to russian, but do you think there is a way we wind up backing. i think there is a path out of it. i believe we can agree for now, if just militarily, but make sure politically it becomes something completely independent, he should become part of the media. first, florida state democrats walked out of today's confirmation hearings for the state's new blatantly qualifieds lisa has to send some files, like asap! so basically i can pick the right plan for each employee. yeah i should've just led with that. with at&t business. you can pick the best plan for each employee and get the best deals on every smart phone. . dr. joseph latapo who bernie sanders picked to be the surgeon general could be bad for floridians. he refused to say that vaccines work against covid. >> do the vaccines work to prevent covid-19, yes or no? >> thank you again, senator. you know, yes or no questions are not that easy to find in science. >> we have an extreme amount of respect for this process, however, we don't feel like we're getting answers. >> the democrats then walked out of the committee. they were able to confirm latapo's nomination. elevating doctors who use their authority to spread misinformation about covid. joining me is ceo of advancement in equity, dr. blackstock. you went to medical school with this man, dr. latapo. what do you make of his inability to answer the simple question, do vaccines work against covid? >> i was actually mortified. i texted my sister who attended medical school with me and said, we need to round up our girls and go get this man. he is dangerous. it's one thing to spread misinformation. it's another thing to do it when you're in a leadership position like he is, such an influential position, but he is totally disregarding the science, the data that is out there that is showing how effective vaccines are, and he actually struggled to not answer that question. that was the shocking part. >> one more thing. very quickly, do you think that he really doesn't believe in vaccines and is trying to not just openly go, you know, rfk jr. on us, or is he just being a politician? because he also, if you'll recall, stood up in front of the supreme court in his white coat saying with other doctors you get pregnant from having sex with demons. >> he has influence, power, money is probably very important to him. i don't believe he thinks vaccines are ineffective. i bet he is vaccinated, his entire family probably is, so this is all because of politics, because he has not prioritized, you know, his medical duties. essentially he's violating>> sop there and does something that is anti-science, he is violating the hippocratic oath. and at this point i am shocked that his license hasn't been suspended or revoked. >> yes. a couple of things here, i don't know if we have the time. but cbs reported that joseph ladapo is balking at the fda decision to limit the use of regeneron, because that's where the money is in florida. giving everyone regeneron after they get covid. here he is. >> really, we are laser focused on data. i think that if the pandemic has promised anything, it is the importance of looking at data and not necessarily looking at what people the media label as experts say. no matter what anyone says, florida is absolutely going to positively, absolutely put data as number one, in deciding and -- >> are you saying that the food and drug administration are now experts as the what's drugs to approve and not approve? >> i am saying that florida is going to make decisions about how we treat patients and how we manage patience, and how we inform health policy in florida based on data. >> that sounds like he is in -- >> he is not being honest. because he is not following the data. the data that is out there shows how effective vaccines are against the worst and most severe outcomes of covid-19. honestly, joy, it just doesn't make any sense to me. that's why i think the ulterior motives are there, ahead of his obligations as a physician. and as someone who should be working in service to the communities and the state. >> lately play someone else who is not a doctor. this is a guy named berenson, alex berenson, a new york times reporter and thriller novelist. here he is on top of carlson last night. >> these vaccines need to be withdrawn from the market now, no one should get them, no one should get boosted, no one should get double boosted. they are a dangerous and ineffective product at this point. >> this guy was banned by twitter for repeated violations of covid policy and that may be the most dangerous thing happening on television right now, that statement on fox. what do you think? >> here you have people who are not physicians or public health professionals, giving out health information. it's a really dire point in this pandemic, we are people with no public health and medical background are giving out medical information. this is incredibly troubling, joy. >> it is incredibly frightening and the u.s. covid deaths are at their highest level since its peak. the world health organization says the global case tally has set a record. we are in dangerous territory. doctor jay blackstock, thank you, stay right there everyone. for tonight's absolute worst. if you are in texas, use this time to go hide your books. go ahead! hurry, hide them! we will be right back. we will be right back. a quote today. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ fries or salad? salad! good choice! it is. so is screening for colon cancer. when caught in early stages, it's more treatable. hey, cologuard! hi, i'm noninvasive and i detect altered dna in your stool to find 92% of colon 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(all) to screening! it's our january sale on the sleep number 360 smart bed. it senses your movements and automatically adjusts to relieve pressure points. and it's temperature balancing so you both sleep just right. save $1,000 on the sleep number 360 special edition smart bed, queen now $1,999. plus, 0% interest for 24 months. the pandemic made teaching and learning really hard. but instead of working to help students safely return to the classroom, the san francisco school board focused on renaming schools and playing politics. and they've even saddled our district with a $125 million deficit. our children can't wait for new leadership. here's our chance for a fresh start. on february 15th, please recall school board members collins, lópez and moliga before our kids fall even further behind. yep, it's go time with wireless on the most reliable network. ok, that jump was crazy! before our kids fall but what's crazier? you get unlimited for just 30 bucks. nice! but mine has 5g included. wait! 5g included? yup, even these guys get it. nice ride, by the way. and the icing on the cake? saving up to 400 bucks? exactly. wait, shouldn't you be navigating? xfinity mobile. it's wireless that does it all and saves a lot. with the midterm elections like a lot, a lot. inching closer, republicans have done a good job getting up fear and outrage over culture issues. states like texas, mississippi, missouri and tennessee are using their favorite new tool, banning books as a way of purging things that make them feel achy. it just so happens that those things have to do with black, brown, and lgbtq+ issues. let's take a beat and remember that this is the party that love to accuse democrats of being cancel happy snowflakes or always so deep in their feelings. well, please meet cattle, pot. texas has been at the forefront of the book banning business because state republicans are falling all over themselves to burnish their maga bona fetus. while they would like you to believe that this is an organic movement, many are being egged on by right wing advocacy groups who are rebounding their anti-intellectual, anti-history antics as parents rights. and targeting public schools. they just never mention which parents rights they are actually fighting for. you can thank texas state representative matt kraus for the warm embrace of state sponsored sponsorship. kraus, who shares the texas house committee on general investigating, launched a stalin style investigation into schoolbooks and curriculums. he has sent a list of more than 800 books to school leaders throughout the state and asked them to review if they had any books with so-called controversial topics. it should come as no surprise that when the dallas morning news did an analysis of the list, it found of the first 500 books listed, 97 were written by women, people of color, or lgbtq authors, because of course. the school district -- is a town of roughly 11,000 people. they have created a committee to review any books that include commercial topics -- the representative for the district, which again is in texas, not communist china. told in no court -- they really don't care if you don't like it. because, quote, we understand the conservative climate of our community and a large majority recognizes that these topics are best to -- last night, a school board held its monthly meeting and the kids that they pretend to protect tore into the school board for their book banning. >> this ban would have adverse effects on the well-being and education of our student body. as students, we deserve a complete education, free from bias. >> the job of the superintendent and the school board is to not only protect the students in this district, but to make them feel like they have a place in this community. but i have to tell you, from what i am seeing so far, you are failing at your job. >> no government and public school is an extension of government, has ever banned books and banned information from its public in history. >> these kids do not want to be stupid. so today, i want to join these kids and call out the grand very independent school boards. state representative, matt kraus and governor -- because they are orwellian -- state sponsored state sanctioned censorship is indeed the stalinist, weird, awful absolute worst. and that is tonight's readout. thank you for joining us. all in with chris hayes starts now. tonight, on all in -- >> the floor is yours. >> nbc news reports just and stephen breyer will retire from the supreme court. tonight, the big push to move quickly with a replacement and what we know about the short list for the bench. >> vulgar -- sexually explicit in mike's -- pornographic. >> backlash to republican laws, banning books and history in schools -- >> i'm in great that these books are being attacked and i'm not alone on this. >> plus, the catastrophic result of the right-wing