go play their games somewhere else. and the man quoted as saying, we are not moving. he's the head of the court fisherman's association. his name is patrick murphy. i don't think vladimir putin knows enough murphy's and i don't think he does. i grew up with a whole gang of murphy's and rachel, in my experience, when murphy's say we are not moving, murphy's do not move. they do not move. >> i will tell you that we have been covering this story for a few days. on the show and we didn't do it on the show yesterday because of all the breaking news about the supreme court and everything. we've had other stuff to do. we worked on producing a segment for the show and last night it didn't happen. i think about half of the production staff of the rachel maddow show is about ready to volunteer to go to cork to make sure the fisherman can get the word out about what they're doing and also because everybody wants to meet these men. >> yes, and that point about the meeting they had with the russian ambassador, when they come out and say it's all fine, the russian ambassador basically caved to all demands and said he will stay away from our fishing grounds, and russia comes out and the nice that. i suspect that the fishermen are right and vladimir putin doesn't want the official word to be we backed down, but next thursday, we're going to see who is right. >> and it's also -- how is it that with these military exercises, which are clearly not disconnected from the threats about what's going on in ukraine, and there's a lot to say about that, the military exercises and the minutes that they are raging on the borders of ukraine. how is it that these fishermen are the ones who have to go to the embassy to go negotiate the terms of the war exercises. they're willing to do it because they want their prong grounds open. they need to go fish for real, but they shouldn't have to be the ones to do literal diplomacy with the ambassador with the russians thinking they could yank their chains by we are nagging on the promises made in these meetings. i mean, we ask a lot of our fishermen just put fish on the table, and when it comes to asking them to like, you know, avert world war three on our behalf, i think -- >> i could imagine irish government officials, irish foreign minister speaking to the russian ambassador in trying to explain the murphy's to them and then eventually just giving up and bring on the murphy's. let them talk directly to this guy. >> yeah. let's see how it goes next year -- next week with your little exercises guys. let's see how it goes. >> right. >> thanks, lawrence. >> thank you, rachel. well, we are going to see something that we have never seen before. this is the strangest development in the televised history of supreme court confirmation processes. we are going to see an audition for the united states supreme court. and that audition will be televised. it will be on television next week. on tuesday south carolina federal judge, michelle childs, will testify at her senate confirmation hearing for a promotion by president biden to the washington, d.c. court of appeals, the most important federal appeals court in the country. more supreme court justices come from that court than any other. president biden nominated judge childs to be for the court of appeals in december and as luck would happen her confirmation hearing was scheduled before the severe news is today that justin -- justice stephen breyer will retire at the end of the supreme court's term in the early summer. tuesday's hearing will be in effect, a full dressed rehearsal for the supreme court confirmation hearing of judge michel child's, if president obama nominates her to the supreme court at the end of february, which is the timetable that the president announced today for his big decision. the hearing will also show us whether any other nominee the president might choose will be subjected to in these senate judiciary committees. judge chiles might be able to actually win the supreme court job next tuesday by delivering a stellar performance and what will be her second confirmation hearing as a federal judge. the other person at the top of the white house list to replace justice breyer has already been through two senate confirmations. first, as a district court judge nominated by president obama, and last year as a nominee, by president biden for the washington, d.c., certain court of appeals. this is the same appeals court. that president biden has nominated judge childs to join, the list of black women who are fully qualified to be supreme court justices is very, very long. that long list includes lawyers, law professors, judges all over the country. but because the united states senate is dysfunctional, extremely dysfunctional, the list of possible nominees who could be confirmed by a 50/50 senate is perhaps the shortest list we've ever had. the senate is no place -- it's four realists you know how to count votes. it will be no more important vote count in the senate in the first two years of the biden presidency and the vote on president biden's first supreme court nominee. at justice breyer's retirement announcement today president biden said this. >> the person i will nominate will be someone with extraordinary qualifications, character, experience and integrity. that person will be the first black woman ever nominated to the united states supreme court. it is long overdue in my opinion. i made that commitment during that campaign for president and i will keep that commitment. >> no president has ever known more about the senate confirmation process than joe biden. joe biden used to run confirmation hearings for supreme court judges when he was chairman of the senate judiciary committee. white house chief of staff ron klain served as counsel to that committee and has guided the supreme court nominees through the confirmation process. just they are both senate realists. they both want to eliminate risk. any risk of any kind in these single most important choice is that joe biden will make since he took the oath of -- as president. and the way to do that, the way to eliminate risk is to choose someone who has already been confirmed by the senate, preferably someone who has been confirmed by the current senate. the only person on the white house list who feels that description is judge ketanji brown jackson who won her senate confirmation to the circuit court of appeals last year, with 53 votes, including three republican votes -- last night on this program, james clobbering of south carolina made a strong case for the conform ability of his favorite for the supreme court, south carolina federal judge, michelle childs, especially after james clyburn has successfully lobbied successfully -- both republican south carolina senators to support judge childs. >> it's big time supporter of michelle child's. tim scott supports her. i've had discussions with both of them. i would not have gone as far as i did with her without talking to those two senators and i've talked to them about michel, and they respect. she has tremendous bipartisan support. i've talked to judges all over this country, and they would say to me she is the best. >> until relatively recently you didn't have to be a very good vote counter when dominating supreme court justices. unanimous votes in the senate were not unusual. the single most conservative supreme court justice of the 20th century antonin scalia was confirmed by the senate 98 to nothing in 1986 and in those days everyone in the senate believed that the only reason to vote against a nominee for the supreme court was that the nominee was plainly and qualified to be a judge. early in the 21st century when chuck schumer was still a relatively junior member of the senate he publicly mused about the possibility, just the possibility of voting against a supreme court nominee, simply because he disagreed with the nominees opinions, and that was considered heresy in the senate when chuck schumer first mentioned it. now? it is the norm. in the senate. the vote for joe biden's nominee for the supreme court is going to be [inaudible] [inaudible] [inaudible] [inaudible] [inaudible] [inaudible] [inaudible] >> by the way -- [inaudible] [inaudible] [inaudible] [inaudible] , >> that is the way joe biden thinks. joe biden knew how strong a vice president from candidate kamala harris would be because he saw her on the presidential debate stage just as barack obama saw joe biden to sit on the president stage before choosing him as vice president for nominee. if we were back in the days of unanimous votes for supreme court justices, joe biden could have a much, much longer list of possible supreme court nominees then he probably does tonight. joe biden does not approach supreme court senate confirmation hearings as an optimist. he approaches them as a realist. the only optimist in this story is the justice who is retiring from the supreme court. today, justice breyer -- and the references name made to the democratic government of the united states being an experiment and an ongoing experiment and south government. justice breyer said that this is with -- what you tell students about your experiment. >> it's us, but it's you. if that next generation. [inaudible] [inaudible] [inaudible] [inaudible] [inaudible] [inaudible >> professor if you could have a few minutes with the president, would you tell him about what you had hoped for in this choice? >> to be clear -- clear who's committed to justice, who has equal temperaments, someone who's committed to the rule of law. someone who is well studied, reads law well. we haven't had since justice marshall on the court as someone who is very clearly able to articulate a case and commitment to issues that affect the african american community who happens to be african american. there are justices on the court who have been very clear in their compassion, in their commitment to civil liberties and civil rights and how they affect everybody, including african americans. but we haven't had a justice on the court since justice marshall who represents us in a way that is unapologetic, that is a. >> professor mary, i want to go back to your time in law school, perhaps shortly thereafter, where you're looking at the united states supreme court and there is no woman on the court who looks like you, how does that feel like, and what were your thoughts then about the prospects are how long we might wait before we can see a black woman on the supreme court? >> let's be very clear about this, lawrence, that was every day in law school, because during the time i was in law school, there was only about 20 years ago, there were very few fabric in american women, professors, in the ranks of the top law schools, or even in the ranks of all of the law schools. we are very much a small minority. we have known each other for years, that's how close the sorority is. not being able to see yourself represented in the institutions that you occupy is very -- it's difficult. to imagine yourself to be a law professor but have no models on which to mold yourself, that's incredibly difficult. i've seen institutions like the supreme court, ones that have an important impact on the lives of so many people, including women of color, to not see your own models that i think is absolutely untenable in -- a democracy. >> professor goodwin, the same question, when you're in law school, every law student is thinking about the supreme court every day. you don't see anyone on the court, no women on the court who looks like you. what was that like and what was it like when you heard joe biden say during the presidential campaign that he would nominate a black woman to the court? >> this has been a glaring absence to the supreme court, and there's been a lot of vitriol in the last day or two about the possibility of -- a black movement to the supreme court. and i would urge people to not be distracted by the game and by some of that which is even [inaudible] racism in terms of presumption. but like professor mary, when i entered into law school, there was one african american woman and the faculty. when i began teaching, i was the only african american on the faculty. the second law school faculty are taught in, there are two african americans who were on the faculty. so we are still at a time at which we are following that long arc of justice that dr. martin luther king spoke about so long ago. but this just gives you an example of when i was in law school, 30 years ago, it was common that women were not referenced in cases and that the standard language was a reasonable man standard and that seem to be a pushback that some of us -- reasonable person or reasonable woman, and that was seen as heresy because the tradition had simply been so normalized about men. so this is a refreshing addition that we've heard over the last day or so, and i think that for many people, they will be inspired by what this represents. >> professor mary, what should we be looking for in next week 's remarkable under the circumstances, scheduled confirmation hearing for judge child? >> i think this is going to be -- the biden administration as you have suggested will be looking for someone who is easily [inaudible] they will be looking for whether or not she makes it through this confirmation and good order. the ev circuit [inaudible] second most important cord in the united states after the supreme court. many of the current justices who are on the court right now came from the d.c. circuit. but this child have a different background, that adds much needed diversity. she is a graduate from south florida and south carolina's law school. and most of the justices in the current courtyard graduates of ivy league institutions with one exception, andy cohen barrett. so [inaudible] come differently from a court. -- >> professor goodwin, quickly before our break, how is important is it that the president consider breaking this harvard yale lock on the supreme court? >> it's incredibly important because the supreme justices are meant to deliberate in a way that is representative of all americans, and most americans don't attend ivy league institutions, and it's a court that has been narrowing social economic status in terms of where the justices have been educated, and even in terms of the religious background. we have to do a much better job at the supreme court, and i would also suggest at our lower court levels to. so it would be refreshing to see president biden, as he has already done with some of his other picks, seek to diversify the court. and i would say that also includes with experience. people who are not necessarily coming from prosecutorial lens or having worked for large law forms representing businesses and corporations. >> professor melissa murray and professor michelle goodwin, thank you very much for joining us tonight. it looks like we will be on the subject for a couple of months. so please, keep your 10 pm slots available for us. we would like to hear from you some more. thank you very much. >> thanks for having me. >> and coming up, the front runner for the next supreme court nomination has been very helpful to the january 6th committee's investigation, simply by following the law and the constitution. congressman jimmy raskin, a member of the committee, joins me next. raskin, member of the committee, joins me next. your doctor gives you a prescription. “let's get you on some antibiotics right away.” we could bring it right to your door. with 1 to 2 day delivery from your local cvs. or same day if you need it sooner. but aren't you glad you can also just swing by to pick it up, and get your questions answered? 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>> big well, the overwhelming number of witnesses have gotten the right idea from with the courts of done, and they are cooperating and testify. i'd say we have a couple of lingering problems. one is that there are some witnesses who clearly material fact based testimony that they need to render or turn over to us who think that they can just invoke the fifth amendment promiscuously for everything. big i've never seen anything like it. that's not how the fifth amendment is to be used. it's only to be invoked when you believe that the response would be self incriminating, but you can't simply say i don't have anything to do with this investigation, even if it would incriminate you in any right. one thing we need to clear up and then the other of course is those witnesses who are just refusing even to show up or be part of it. steve bannon is one of them. so we have to use those mechanism big for criminal contempt to make it clear that everybody owes the sovereign his or her honest and truthful testimony. we've got most of everything we wanted from the courts but that's not to say we're not going to end up going to the courts and specific cases to compel people to participate or else to advance a valid constitutional privilege, and not a phony one. >> jamie raskin, thank you very much for joining us tonight. we really appreciate it. >> the pleasure is mine. big >> coming up, president biden got huge economic news today. good news today. the affordable care act that he helped president obama pass just had its best enrollment period ever. economic adviser, president biden bought -- joins us next. bought aleve-x. it's fast, powerful long-lasting relief with a revolutionary, rollerball design. because with the right pain reliever... joins us next. 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[limu emu squawks] the economic data has just been he'll be back. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ published to show the 2021 last year was the strongest year for the u.s. economy since 1984. u.s. economy grew at 6.9% annual rate by the end of 2021. this is significantly better than analysts expectations prior to that in a statement president biden claimed credit for the record economic growth saying this is no accident, my economic strategy is creating good jobs for americans, rebuilding our manufacture and strengthening our supply chain here at home to help make our companies more competitive. joining us now is jerry bernstein, a member of president biden's council of economic advisers. thank you very much for joining us tonight. really appreciate it. you have good news to share about the growth weight in the american economy but as we know the economy is more than one statistic. is the growth rate -- is the price of the growth rate inflation? >> not in a sense that this growth rate is adjusted for inflation, that is we just achieved the strongest gdp growth in 2021 and almost 40 years as you said in your introduction, and that is adjusting for inflation. that is a real growth rate. also, in the background of that very fast she dp growth is one of the tightest labor markets this country has ever seen. unemployment fell faster last year than it ever has on record and the data goes all the way back to 1948 over six billion jobs created and if i were singing sitting here talking to you a year ago, by the way are probably was, we would've been looking at 800,000 claims on unemployment insurance and this morning we learned that there's something around 250,000. all of those kind of statistics i would say, not just to plug it with numbers, but to make the connection between a strong growing economy on the gdp site with that growth reaching working families to an in extremely tight labor market. >> who are the beneficiaries of this growth rate, because it's one of those numbers where it's a big macro number. but some people could be out there saying gee, i don't feel the subtle. >> it's a great point, i mean when talking about she dp we recently say wait a second -- i don't need gdp, i don't drive it gdp, i don't pay rent, and the fact is again the connection there that is so critical, lawrence, is the tight job market. disproportionately, it's providing benefits to those in the bottom half i saw new numbers today and if you look at the wage growth of people in the bottom half of the job market, their pay is actually growing faster than workers at the top and now that is obviously opposite to the way it's been in periods where job markets have been more slack where they've been less tight and the reason for that is that when job markets get as tight as they are now, and we actually have about the highest numbers of job openings on record. in fact, more trouble paintings that even our unemployed people, but when you get to that level of labor demand, workers have a lot more bargaining clout. that is at the core of the economics. strong bargaining cloud so we ensure working people benefit from economic growth and we also have inflation issues that we should get into that are out there as well. but at the same time against the backdrop of that inflation is the fastest growing economy in 40 years with the tightest labor market in generations. >> what about the record enrollment for the affordable care act? how does that affect workers in the economy? >> it really achieves the key goals of the biden harris administration, which is to ensure that health care is a privilege and that it's acceptable and affordable. and that occurs through a record breaking 14 and a half million people who signed up for 2022 health care coverage for the marketplace and the exchanges of the affordable care act and that includes just under six billion people who have newly gained coverage, and so the uninsured rate actually fell over the past year from about ten to about 9%. so these are critically important gains again for the folks who need them the most. >> jarred burst steam, thank you very much for joining us. really appreciate it. >> my pleasure. >> thank you. coming up, bob -- randall williams returns to discuss the historic big trace president biden's about to make in his first nomination to the united states supreme court dog. -- randall williams joins us next. -- randall williams joins us next (burke) with farmers auto multi-policy discount, the more policies you have with us, the more you could save on your auto insurance. 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[whistle blows] [horn honks] they're here. hit the field. warm up. you brought all these players in your buick. -yup. -that's so you. it is. there's a buick that fits your life. because at the heart of every buick suv is you. mission control, we are go for launch. thereum, she's eatingfits the rocket. ♪♪ lunchables! built to be eaten. >> south carolina congressman clyburn told us the story of how he had been urging candidate joe biden to publicly pledge to nominate a black woman to the supreme court. some of biden's campaign staff were opposed to the candidate making that announcement. and, finally, during the commercial break in the south carolina presidential debate, right there on tv, james clyburn told joe biden about the feelings of his most important focus group. his three daughters. >> i see it, [inaudible] and their friends. i talk to them a lot. and they were telling me that there [inaudible] out there that [inaudible] from the democratic party. and one of the things they brought up to me was the supreme court. >> and after that, backstage conversation during a commercial break in the presidential debate, joe biden went back out on the debate stage and said this -- >> and we talked about the supreme court, i'm looking forward to making sure that there is a black woman on the supreme court to make sure that in fact [inaudible] >> and the rest is on its way to becoming history. joining us now is caroline randall williams, poet, essayist, and educator. she is writer in residence at vanderbilt university. caroline, thank you very much for joining us tonight. and this tv drama called supreme court confirmation, which in tv terms began on that debate stage in south carolina, is about a much longer story than that that has been with us for quite some time. i've been eager this week to get your reflections on where we stand tonight in that larger story. >> thank you so much for having me. it's good to be back. this is terrifically personal for me, on so many levels, being here -- when james clyburn speaks, first of all, your staggered by his gravitas and his competence, and i feel this tremendous gratitude that he gave voice to his concern that we do feel. you are speaking to a young woman who is the great granddaughter of avon williams whose sister, norma erica williams, gave birth to a man that we are all familiar with paul marshall. my grandfather and marshall were first cousins. he worked for his cousin. and i grew up thinking about that legacy from the vantage of coming underneath family forgives and portraits and thinking about why there is been such a space between what my relatives were able to accomplish and then repeat that wonderful accomplishment. and i love that joe biden is a white man who followed a black man into the oval office and then when he stepped on to it in his own term, he brought a black woman with him. and he has made good on those promises and those actions in that stance from the moment that he took the stage with barack obama. and i think that it's a moment of reckoning for this country to see if but one half -- get the right thing done. the popular vote of america for the last five presidents. we've only gotten three of those five into the office and that's an untenable, and yet another untenable three fifth compromise and are in my opinion. and having a black women represent the judiciary branch in the supreme court would be a fortification of my faith and democracy's capacity to heal itself, even after all of these radical ruptures that we have been witnessing over the last five, six years. >> it's one of those moments that -- now that it comes, the first thing you can feel about it is, why did it take so long and -- something conflicted in the way that we feel about it. good that it's happening, but really can it be 2022 where we are sitting here watching this happen for the first time? >> my answer is, sure it can! i think that's the arc of history is slow. well think about this, he still has never had a black person called [inaudible] who had a black mother. when we think of black women in that condition. being born in this country tree, being -- that something that i observe black women think about. but we can think about it getting you into the supreme court. it gets you into the halls of the senate enough congress. we have a long, long way to go. and the work is hard and wild. and if republicans want to argue about how -- identities -- they placed three white judges on that court. so the democrats are going to do the right thing, as usual, and take the side of attempting to make the bodies that represent the american people look more like the american people. >> caroline randall williams, thank you very much for joining us as we begin what is this historic journey of covering this senate confirmation. we really appreciate it. >> good to be here lawrence, goodnight. >> thank you. tonight's last word is next. ght's last word ♪ ♪making your way in the world today♪ ♪takes everything you've got♪ ak from all your worries ♪ ♪sure would help a lot ♪ ♪wouldn't you like to get away? ♪ ♪ ♪ sometimes you want to go ♪ ♪where everybody knows your name ♪ ♪ ♪and they're always glad you came ♪ i have moderate to severe ulcerative colitis. so i'm taking zeposia, a once-daily pill. because i won't let uc stop me from being me. zeposia can help people with uc achieve and maintain remission. and it's the first and only s1p receptor modulator approved for uc. don't take zeposia if you've had a heart attack, chest pain, stroke or mini-stroke, heart failure in the last 6 months, irregular or abnormal heartbeat not corrected by a pacemaker, if you have untreated severe breathing problems during your sleep, or if you take medicines called maois. zeposia may cause serious side effects including infections that can be life-threatening and cause death, slow heart rate, liver or breathing problems, increased blood pressure, macular edema, and swelling and narrowing of the brain's blood vessels. though unlikely, a risk of pml--a rare, serious, potentially fatal brain infection--cannot be ruled out. tell your doctor about all your medical conditions, medications, or if you are or plan to become pregnant. if you can become pregnant, use birth control during treatment and for 3 months after you stop taking zeposia. don't let uc stop you from doing you. ask your doctor about once-daily zeposia. new vicks vapostick. strong soothing vapors... help comfort your loved ones. don't let uc stop you from doing you. for chest, neck, and back. it goes on clear. no mess just soothing comfort. try new vicks vapostick. time for tonight's last word. >> -- he's desire to learn more, his kindness to those around him and his optimism for the promise of our country. he has patiently sought common ground to build consensus so he could bring the court together. i think is a model public servant in a time of great division in this time. justice breyer has -- -- >> president biden gets tonight's last word. the 11th hour starts now. tonight'>> good evening, i'm re. day 373 of the biden administration. and the raised to confirm a new supreme court justice is on with justice stephen breyer, especially stepping down, democrats are -- getting his final nominee, amy coney barrett on to the court and just 27 days instead of the typical 60 days plus. the buzzword today among democrat

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