Watching. Have a good show. The Worst Supreme Court justices were not appointed by the worst president. Donald trumps three Supreme Court justices have not yet proven themselves to be worse or more ethically challenged than the two who are now in an intense competition for the title of Worst Supreme Court justice, Clarence Thomas and samuel alito. They were each appointed 15 years apart by president s from connecticut who wanted you to believe they were from texas. The bushes were born in connecticut, where the family had deep roots. The father of the first President Bush was prescott bush, republican senator from connecticut. The bush family preferred to go to College Close to home and so, father and son, president spoke, went to jail. There what was then called Country Club Republicans, which simply meant they hated paying taxes. The first President Bush was a supporter of planned parenthood before he was selected to be Ronald Reagans running mate in 1980, whereupon he had to suddenly pretend that he was opposed to any and all abortions. By the time george w. Bush was running for president , Country Club Republicans had been banished from the party and replaced by bornagain christians, which George W Bush claimed to be. 1988 was one of those years when president ial Campaign Polls could not have been more wrong and giving Massachusetts GovernorMichael Dukakis a 17 point lead in the summer over Vice President george hw bush. We are suffering with the reign of Clarence Thomas on the Supreme Court because george h. W. Bush won the president ial election in 1988, served only one term, and left only one legacy, Clarence Thomas. Clarence thomas, who has clearly become the most publicly corrupt Supreme Court justice in history, taking massive amounts of money, Hundreds Of Thousands of dollars. He has not paid income taxes on the money that has been handed to him by a billionaire who doesnt want Clarence Thomas to have to live on his salary and his wifes substantial income. Clarence thomas may be a tax criminal. We dont know yet because he refuses to answer questions about the Tax Treatments of all the money that has been handed to him. Personal financial corruption, as egregious as it is, does not leave the mark on history, the Corruption Of Judicial Scholarship Leaves on the Supreme Court in the country, and the lives of everyone living under laws written, some was say, invented by the spring court. Which brings us to samuel alito, who is the product of a president ial election that was decided by the republican majority on the Supreme Court. In the year 2000 when the Supreme Court decided to stop Counting Votes in florida, their decision, they knew, give the election to the republican candidate, george w. Bush over al gore. George w. Bush was the first candidate in history who did not get the most votes, but won the presidency. Al gore got more votes than the person who won the Electoral College or should i say come in this instance, was awarded the Electoral College by the Supreme Court in a 54 decision. That was the first time in my life that i heard people who had spent their lives respecting the Supreme Court suddenly saying that the Supreme Court had become just another partisan institution. Many people, me included, tried to think of it as a single decision that was a close call that looked partisan, but might not be. Time will tell if the Supreme Court had become another arm of republican governance. Now, its worse than anyone thought in 2000 after the bush versus gore decision. Samuel alito was the first and only Supreme Court heckler during estate of the Union Address. Samuel alito disgraced himself in the Supreme Court. When he decided he had something to say during the State Of The Union by the first black president of the United States. Last week, the Supreme Court reversed a century of law that i believe will open the floodgates for special interests, including foreign corporations, to spend without limit in our election. There was alito saying not true when President Obama was criticizing the courts disasters is decision on campaign finances. Samuel alito was listening to a president who went to a better law school than he did, and was a better law student. President obama was the president of the Harvard Law Review when he was in law school. Was it a coincidence that the president was lack . Would alito have pulled his punk stunt against the white democratic president . He hasnt done it again with joe biden but then, samuel alito has not shown up for a single state of the Union Address since that time in 2010 when he decided to talk back to the president of the United States, when he decided to be the first and only Supreme Court justice to ever do that. The year before samuel alito did that, Republican House member joe wilson was the first heckler of a president in an address to a joint session of congress. It was Congressman Wilson who famously yelled you lie at President Obama. Congressman wilsons voters in South Carolina no doubt love that. And now, heckling the president is something that Marjorie Taylor greene and her friends think they are good at during state of the Union Addresses. So, think about that. First, a vile clown congressman yells you lie to President Obama and then the next year, the Supreme Court justice is not true. To President Obama during his state of the Union Address and now, republicans heckle the president during the state of the Union Address a dozen at a time. Samuel alito is one of them. If he were a member of the house now, he would be in the back benches with Marjorie Taylor greene, yelling at the president. He has given an explanation for why he was flying the American Flag upside down that is obviously a lie. No sane person could believe it unless it is to be taken as an Insanity Defense by Justice Alito. When the New York Times reported that the alito home had the American Flag flying upside down after the january 6 attack on the capital which happened right across the street from the Supreme Court, Justice Alito told this lie as his official explanation. I had no involvement whatsoever in flying the flag. It was briefly placed by mrs. Alito in response to a neighbors use of injectable objectionable and personally insulting language on yard signs. Justice alito did not have the decency to come up with a story that had minimal logic unit. Like his Supreme Court opinions, alito did not care how preposterous that defense was. So, the Supreme Court justice wants you to believe that his wife saw something in a neighbors yard that made her run out to the flagpole, pull down the American Flag, turned it upside down and run the American Flag back of the flagpole upside down as some kind of nonverbal insult payback to her neighbor . I refuse to believe that about mrs. Alito and i refuse to believe the Supreme Court justices attempt to blame this on his wife. Two full days have passed now since the second flight was found, the second alito home, the summer home in new jersey. The second flag was one that was carried by the attackers of the capital on january 6, just like the upside down American Flag was. This one is called an appeal to heaven flag. Justice alito has not recused himself from two cases currently pending before the Supreme Court involving the attack on the capital on january 6, including Donald Trumps possible complicity in that attack. He has, of course, an obligation to recuse himself because recusal is based on the appearance of bias, not the actual fact of bias. Appearance is enough. The fact does not have to be proved. It can simply be a reasonable suspicion of bias. Justice alitos silence about the second flag only amplifies the suspicion every day. George w bush did this. Voters who didnt want the Supreme Court to take their rights away but decided there was no real difference between al gore and George W Bush did this. Voters who did not show up to vote in 2000 because they didnt think anything was really at stake did this. We are living in the worlds created by the voters who through neglect or their own choice, elected george w. Bush, and the voters who, through neglect or their own choice, elected donald j. Trump. There is only one way for us to stop the control of our lives by the first president and his Supreme Court justices. The first President Bush on the second President Bush and donald trump other Supreme Court justices, and that is to vote for a president who will not appoint people like samuel alito to the Supreme Court. There is only one person knew, one Person Standing between us and the next samuel alito. And, that person is joe biden. Today, the Supreme Court issued a samuel alito decision, not surprisingly, rejecting a challenge to South Carolinas Congressional Redistricting packs, a challenge brought by voters who said it was deliberately designed to reduce black representation in the House Of Representatives. The justice in her dissent of the Alito Opinion referred to his opinion as quote, and upside down application of the law. Justice alito actually used the phrase upside down twice. In her dissenting opinion, and obvious reference to Samuel Alitos upside down American Flag and his upside down legal scholarship. Leading off our discussion is professor laurence tribe, who has taught Constitutional Law at Harvard Law School for five decades. I have to ask you. I feel sometimes when we discuss these things, like im talking to a Chemistry Professor who has been teaching the Periodic Table of elements for more than half of his life, and suddenly, the Periodic Table of elements is just being ripped up, and chemistry becomes guest work guess work in the scholarship is disappeared. I can imagine what it feels like to be in the field of Constitutional Law in trying to teach Constitutional Law on such shifting ground. I have to say it feels challenging to say the least. It is like turning the table of elements upside down. It was not just the American Flag samuel alito flew upside down. I think he has turned much of the constitution, as much as he can get his hands on, upside down, and inside out. He did that with the law of racial gerrymandering today. There was a brilliant dissent by justice kagan. Not brilliant only because of the use of this or that phrase. She just showed that in every respect, samuel alito was thumbing his nose at the law, turning inside out all of the standards that go back to earlier decisions. There was a decision in which she had written the majority in 2017. He had written the dissent, and he basically creates that cases that the dissent was the law, so samuel alito has not acquitted himself well in recent days. These two flags obviously signal sympathy with the insurrectionist, and the excuses he has given ranging from my wife did it to utter silence in the second case, and the excuses a lot of republicans are giving, you know, some of them are saying the appeal to heaven flag was, after all, similar to the one used by George Washington when he was expressing the virtues of revolution against king george, but in this case, we are not talking about a revolution against a foreign king. We are talking about an insurrection against the transition of power by someone who would make himself king. It is all the difference in the world. I want to listen to something Justice Alito said in the Supreme Court. During the arguments on the question of immunity for donald trump, lets listen to those. If an incumbent who loses a very close, hotly contested election, knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy . That, for me, was the born yesterday, it the likes of which i had never heard in the Supreme Court. Here is a justice ignoring not just judicial history but history we all know. Hes ignoring 230 years of that never happening. Right, it is amazing he is imagining that the real danger is that the president , who knows that if he commits terrible crimes, he might be prosecuted, that is going to create a terrible situation, then as you say, we havent ever had for as if he ignores the danger of a president who says i can commit whatever crimes i want including crimes against the country to stay in power after i lose the election , and i will be home free. I will have absolute immunity, it turns, as i say, it turns everything upside down to have that sense of what the dangers are, and i think that we now know that this immunity case, which has been sitting in the court for a very long time, is a case in which the president of the United States might be given de facto immunity. If the court just sits on it until the end of june and then send it back down to judge check in or to the d. C. Circuit for further proceedings, we are never going to get an answer of whether the president of the United States, as he then was, was guilty of abusing his power to stay in power and commit crimes because if he becomes president again, he will simply fire any Attorney General who would keep the prosecution going. So, right now, the Supreme Court is complicit in granting those who hold the greatest power in the country the kind of get out of jail free card that will make them even more willing to commit crimes than trump was. Harvard law professor laurence tribe, thank you very much for starting off our discussions tonight. Thanks, lawrence. Coming up, donald trump lost another appeal today, this time in new york, from his absurd attempt to remove judge merchan from Presiding Over his criminal trial. Andrew wiseman Andrew Weissmann joins us next. Joins