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americas remain in mexico a silent policy and whether high school football coach can be fired for praying on the field. trace: progressives are urging the president and his party to dramatically reshape the court, even if it means using extreme measures like killing the filibuster or impeaching conservative justices. dana: on deck with a let s begin on capitol hill as this all settles in. good morning to you both. emotions as we sat are still running high on the hill even though congress is out this week. plenty of democrats have been on the airwaves talking about how they feel about this ruling. most of them are still trying to encourage voters to get out the vote this november. others are taking it much further. saying that the g.o.p. is going to rig the election. they are calling to abolish the filibuster. they re even raising this question about whether or not it s time to impeach the justices. watch. you think lying in a confirmation hearing is an impeachab ....
Tell us why. first of all, neither of them live. now they said they would upheld if they told us in the various how they before hearing facts and in evidence, that would be an impeachable offense. it s basic judicial ethics to go back to the ginsberg rule that you cannot say how you would vote in a case pending before the court or that might come before the court. that s a violation of judicial ethics. to do that would be impeachable. if they think they were told, that they asked for a decision in advance of the case coming up and that the judges offering that, that is an impeachable offense. the second thing, if that s true. if they lied, then so did elena kagan. when elena kagan s confirmation came deb, she was asked point-blank when i do believe there s a constitutional right to same-sex marriage? ....
Senators should ask ketanji brown jackson whether she backs the yale law hecklers for free speech. the issue on free speech. would she want one of those protestors who want jobs as judges in the future and don t want to listen to the other side as one of her law clerks. here is the problem i have with how these hearings have gone is that she should be able to answer those questions. there are questions yesterday i just didn t consider to be material. i thought they were political. some of which she was right not to answer. but she refused to answer a lot of questions under the so-called ginsberg rule that says these issues might come before her. well, that is really not the original ginsberg rule but now the rule has swallowed up confirmation hearings and taken out all the substance. you are allowed to ask a nominee about everything except the stuff that really counts like judicial philosophy. she can answer those questions. ....
Like kavanaugh and turn them into sort of gardner of being there where they say yes, charles, roe v wade is an old case, it s a case in the books. it s a law law case. everyone says, wow, okay. colin says, that s very reassuring. it s all a rather weird exercise where we do this. quite frankly, if this is what confirmation hearings are going to be about, why do them? they re now just basically there for the senators and we learn nothing, because the senate has taken this ginsberg rule where the rule says the nominees don t have to discuss cases that come before them and they have ripped out virtually all the content of confirmation hearings. you re supposed to vote on a nominee who will not discuss in any detail his interpretive approach to the constitution. susan collins has been a pro ....
Play. as he said, other justices have played. though interestingly not justice ginsberg. the ginsberg rule was not, in fact, honored by justice ginsberg herself, who talked a lot about legal principles. it s a broken system and he played his part in it. congress has just been stymied for 20 years trying to get the most important information, which is a candidate s substantive views, and this notion that, well, if i gave it to you, it would somehow be as if i were selling my vote for your vote. that s really not accurate at all. judges talk about hypothetical cases all the time and real o e ones, as he did, but nevertheless it s an answer that the senate to date has not been able to surface mount. malcolm nance, what happens inside you when you read the president asking a newspaper to hand over the identity of an anonymous source for national security reasons? ....