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a fan who s going to watch the game like the rest of us. thanks for joining me today. smerconish is up next. legal exoneration, political nightmare. i m michael smerconish, legal nightmare. the report of the investigation into president biden s handling of classified documents. the word exoneration, an overstatement, i think, how bad was it, the president who turned down a pre-super bowl interview with a guaranteed audience of millions in an election year sudly felt obliged to speak to the nation in prime time from a diplomatic reception room at the white house. when he did, he seemed to be in denial about the substance and the political implications. the majority of americans including a majority of democrats have major or moderate concerns about biden s fitness nor a second term. when cnn raised that with the president he said that was only her incorrect perception. when you were asked about your age, you would respond with the words, watch me. many american peopl ....
these are about affirmative action. we re live outside of the court. plus opening statements in the criminal trial against the trump organization. we ll look at those charges against the former president trump s personal business. and the man accused of attacking nancy pelosi s husband will be charged. what he brought with him when he broke into the speaker s home. but the supreme court will begin hearing oral arguments as can considers two cases on affirmative action in higher education. jessica schneider joins us now now. the supreme court has upheld affirmative action but it could be banned nationwide. all eyes and ears are on the conservative justices because it is very likely they will in fact ban affirmative action in particular the chief justice here john roberts has been outspoken about racial issues in many cases in past years. he put it this way in one of the cases. he said the only way to stop discrimination on the basis of race is to stop discriminat ....
Brown versus the board of ed, that set in motion the desegregation of schools in the 1950s. one side is saying that brown versus board of education was about equalizing thing for black people because of how schools were de segregated. the other side is saying, that is not the case. brown versus board of education envisioned a race blind society in which we don t even talk or think about race. so they re both using this iconic supreme court case to sort of make their case on this very momentous day. any sense of how this is going to play out? yeah. it is really interesting, the supreme court in 1979, 2003 and 2013 and 2016 had every opportunity to overturn the use of race in college admissions but choose not to. the only thing that is different today in 2022 is the composition of the supreme court. and it appears based on sort of counting noses and analyst and ....
i would do that in a heartbeat, the constitution gives congress the authority to restrict the jurisdiction of the court, we should do that. it is something sad looking at this court as you were going through counting noses there only two justices that i m confident how they are going to vote on overruling roe and that is thomas and alito. i m hopeful we get the five but i m not at all certain and that is unfortunate and you mentioned a minute ago the book i wrote last fall, one vote away from an entire chapter talks about life and walking through the history starting with roe versus wade, the decision-making, the politicization that came from it and talking about the three most recent supreme court justices and we will see how they vote but there s reason to be concerned. ....
Heartbeat, as you know the constitution gives congress the authority to restrict the jurisdiction of the court, i think we should do that to. it is something sad looking at this court as you guys were going through counting noses, there are only two justices that i m confident how they are going to vote on overruling roe and that s justice thomas and justice alito. i m hopeful we get to five. but i am not at all certain and that is really unfortunate. you mentioned a minute to go the book i wrote last fall one vote away, there is an entire chapter of the book talking about life and walking through the history starting with roe vs. wade, the decision making and that came from it and also talking about the three most recent supreme court justices. we ll and see how they vote to but there is a reason at least to be concerned. i hope they do not disappoint so many of us that have put our faith that they will follow the law because there s a right ....