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Transcripts for MSNBC The Sunday Show With Jonathan Capehart 20220130 16:54:00

Whoever the next justice is, needs to be someone who can sit on that bench for decades. justice breyer was on the bench for 28 years. how much do you think the age of the nominee is playing in the president s decisionmaking? i think it s very clear that younger is better. and you re not thinking about people in their 60s, certainly not thinking about people in their mid-50s. so you want to know that you are going to be able to influence the court for many decades to come. in some ways, it s even more important with this nominee, because as i wrote earlier this week, she is not going to have a big impact in terms of affecting the outcome of cases for many years to come, for the simple reason that there are six conservative justices, most of them younger, on the court, who are going to form a majority. it s going to take years to ....

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Transcripts for MSNBC The Sunday Show With Jonathan Capehart 20220130 15:09:00

Recognizing that in this moment where we have a court with a 6-3 supermajority, the idea of a consensus building which i think animated the nominations may not be what this administration is looking for. there won t be a lot of bridge building with that conservative block. so maybe what the administration is looking for is really someone who will be a fire brand, the kind of person that will write the dissents that will pave the way for a different jurisprudence in the future. because right now, it doesn t look like that there will be a lot of bridges between left and right on this court given the in ups that the conservative flock has. and that is actually a very good point. and i remember reading somewhere, maybe it was in the profiles of justice breyer, how when dissents are written, they end up being used later on down the line for other cases, so it is paving the way for other ....

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Transcripts for MSNBC The Sunday Show With Jonathan Capehart 20220130 15:11:00

In clear and no uncertain terms about what is happening right now on a radicalized court. and i don t think that we can call it anything else. and we re out of time, but i want to go back to the law school question because as melissa pointed out, cheryl lynn went to nyu. but everybody else went to yale law school, there are a few far harvards on here. j. michelle childs went to i believe it was the university of south carolina. how important is would that kind of educational diversity be on the supreme court? from my perspective, it is very important because it explodes the myth that where you went to school is measured how smart you are. that simply is not the case. ....

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Transcripts for MSNBC The Sunday Show With Jonathan Capehart 20220130 15:10:00

People in challenges that might come up in the future. do i have that right? you absolutely do. it is incredibly important to have well reasoned and thought out dissents especially when the court is doing something that we re seeing on this court as melissa said, something that, you know, we haven t seen in the supreme court in a very long time and frankly anytime that i can remember which is simply a willingness to go after precedent because they disagree with it. the whole reason we have something that we call stairry decisis, which means if we said it once, unless there is a reason to overturn it, it is the law whether we agree as people. and so that is the point so that you don t have a politicization of the bench where you are constantly changing the rules of the road based on who is in the chair. and at this point we re seeing dissents having to frame that up ....

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Transcripts for MSNBC The Sunday Show With Jonathan Capehart 20220130 16:55:00

Build back, if and when it comes, a democratic or a liberal majority on that court. so you want someone who is going to be there if and when that happens. and i neglected to i mentioned that kimberly is also a lawyer, i forgot to mention that ruth is also a lawyer. we can take that up off the air, jonathan. i m just sucking up to the boss, y all. thank you all very much for coming back to the sunday show. we ll be right back. we ll be right back.eam. . .is her reality. nexium 24hr stops acid before it starts, for all-day, all-night protection. can you imagine 24 hours without heartburn? it s still the ea esh refresh™ so subway s upping their avocado game. we re talking just two great ingredients. perfectly ripe, hand-scooped hass avocados and a touch of sea salt. it s like a double double for your tastebuds. ....

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