Producers' Pick | Jonathan Turley: Biden to Pick SCOTUS Nominee Based on Race and Gender

I see is studios in New York City set up Fox and friends, America's receptive Brian kill me.

I'm just watching this now on Fox news. All these illegal aliens being marched through San Antonio, Texas into the interior of our country on camera. Not only do we have it on tape. Now we have it live and they say males from thanks to title 42 should be immediately turned around. That's the law, but it doesn't seem like the this administration cares by everyone. Welcome to the latest hour.

The brain kill me, Joe, we have this hour joined by Geraldo. He does not have a last name Jonathan Turley does, he'll be with you shortly. Let's get to the big three stories you need to know Brian's three number three we have seen nothing and I've said this just recently here at the Pentagon we see nothing that that makes it clear that Mr. Putin is willing to de-escalate the tensions and logos troops away right tensions rise on the border of Russia and Ukraine, despite the talk yesterday and promise of in two weeks from today. What are we doing and not doing to lower the chances of an invasion in the European are people not seen in 70 years to understand what we do. A legislator on the state level that are allowing people to return to Wall Street's way to understand why the guns are continually continually lonely cities throughout the country that is Mayor Eric Adams crime run rampant. Even some Democratic leaders are seeing the need for punishment as the men and women in blue find themselves victimized by society that is taken for granted for a too long they've been defamed and defunded way too much. I have hope things will change your life to the American people. Southern border crisis there waiting them in reporting on planes sending them to airports closed at night like Westchester putting them on buses and then released into cars into the community. There you go. Former Westchester County executive Rob Pastorino the breaking point of the border between the secret fights of illegals. Small-town airports thereby do where they land the blessing of illegals into states around the nation without telling the governors and mayors boxes reporting showing the Biden breach of immigration laws at a level we didn't think possible. Will it change.

I'm not sure unless there's going to be a change of leadership with me right now to talk about predominantly the change of the Supreme Court, but I like to get you on the record with this Jonathan is okay for the president not to enforce our borders in a long time to remember personal, Obama declared that immigration laws would not be enforced against the whole group including the dreamer and the court apparently found that the matter of aggression that you that president critically at the border can prioritize different things and so this is been a problem that the courts have really grappled with for years, but I think I did know they can to defer to the administration as to how it prioritizes immigration becomes a political issue is who you want on it in the White House for simple title 42, says single males without excuse.

We are turned around.

They're not watching it live on television and then we see the secret fights and Westchester through freedom of information act 55 minutes of audio they have these contractors talking to cops saying what is going on missing lower in the air were not even sure will go in the evening when we're in the air and then they quickly tell us so here is a contractor talking about the secret fights to a cop on the tarmac to listen cut for by letting them and can I add in their own vaccinated.

And we know nothing about the background of boom illusions reporting it's not been denied by ice. Some of them have records misdemeanors and their still coming in. They been dumped into school districts into schools doubling the size of classrooms using taxpayer monies through NGOs. This whole process seems to be a flashing of flashing five alarm fire going out at work. I think that the president legitimately criticized for the debacle at the border and lack of transparency and quite frankly honesty with the American peoplelike a really good example of how Hartley administration has worked to avoid the obvious that in fact is releasing thousands of people into the interior of the United States and in court. The ministration has really fought the trunk policy that would've required the return of these individual and as court ordered them to follow federal law. The tentative flow and they take they take project site progress in which they are implementing the change, but in the meantime they are getting thousands of releases out into the country so let some of the news yesterday.

Justice Breyer reporting on NBC. This now confirms the Justice Breyer's gonna retire. How unusual is the way we learned about this and the fact that we have not got confirmation from the justice himself really unusual.

One of the fortunate things I've seen come out of the cord in a long time.

There is a protocol that we wait for the justice to issue a letter announcing the mediator forthcoming in a retirement and in the president comments on it like Pres. Biden was correct yesterday.

You make a comment that I want to wait for Justice Breyer the right thing to do the wrong thing was quickly delete this the culmination of the year in which Breyer has been treated in a shameful fashion been hounded by liberal groups to retired billboards that called for is for him to retire and then at the end they even leak his plan to retire the moment you earned it you disagree with his ruling that often have disagreements with consistent and profound jurist, you know, he came from a very liberal view of the law, but he had people seated reasons for that. He consistently applied in his opinion will have a lasting impact because they cannot adapt to those decision that will be cited for generation shameful way to treat him and I feel really bad for you.

Just respectful to your business is valued. There's a protocol and they blew it. I'm not sure how NBC got the link.

A lot of people think it's because they're forcing him out and this is part of it and it might've come from the White House pretty clear though and tell me how unusual this is. Jonathan is so say well to be a man or woman, which is what was that you know okay we get an indication but now they tell us what color she will be ahead of time so listen to CNN yesterday cut 32 history making moment will change the way the court looks and I think we cannot understate that for this particular president, where he is today with a need to get something that is of great importance to his supporters people and put them in into office, especially black women. This is a really important moments. I never have.

The lecturing, leaving any part of my identity at the door before I walked into a courtroom walked into the boardroom walked onto these very stats on Stan I brought with myself the entirety at being a black woman lived experience and what that's like in a country like this and I think it's incumbent upon our country to recognize that if we do not bring all of America and the holistic needs of people including black women, then we are doing a disservice to any objective evaluation of laws in this country but are usually objective evaluation. If you've narrowed you've taken a gender out and every other every other ethnicity out my column this morning in the Wall Street Journal tried to point out that this approach would be deemed unconstitutional or unlawful.

If it was applied by school or private business.

This nominee will be sitting on a cord that has repeatedly declared that these types of racial and gender criteria are unlawful and unconstitutional, and indeed this nominee will fit for argument on two new cases involving racial preferences in universities and yet she will open initially selected not just by a preference for financial exclusion of other genders and races so what's really striking here is not just how unprecedented one. What Ronald Reagan said he wanted to put a woman on the court. He didn't guarantee it. He said he wanted to use one of the woman on the court and he worked very hard for to do that other president made it clear that they wanted to have more diversity among nominee Joe Biden went further and said I'm going to exclude any male or anyone who is not African-American, and that was really quite shocking in the debate.

I wrote a column at that time earning really better be the criterion, the court that has struck down that criteria for private business is America's socks weather updates throughout your busy day subscribe and listen. Now it sucks is not just stucco or wherever you get your projects I could add to that, as was published in a book that one of the trumpet books during the debate.

James Clyburn and watching Joe Biden in South Carolina primary had happened yet. Said he was going to the restroom. Instead, he went by backstage and a break and resort to Joe Biden since you have had many opportunities to guarantee that you will name a a black woman as record justice, do it is is you got it and he does. It's almost like I know there's nothing illegal about it that there's something unsavory about his prayer to the nominee.

Women on the list would be considered for a regardless of their race and gender creating an*nomination not there. These women don't have to have this type of shorter no list of consideration, and I think that was done for Joe Biden benefit was a political decision that he needed this for the primary party I think he really undermine not just the court but the future nominee herself and I remember when those Hollywood stories came out how these Hollywood stars were basically using athletic scholarships paying those colleges in northern other words got in the college they didn't deserve and they pretend to be athletes. They weren't. They use some of that scholarship money as rowers and track stars when they were in and they would get into these procedure schools and everybody was arrested and it's obviously going on some of those cases still going on and then some of the black students on these Ivy League campuses is now you know how we feel. Now every celebrity walking on campus will wonder did their parents pay for them to ghee there and pretend there was somebody there not a said that's how we feel, because a lot of people think that there is a quota to these Ivy League these elite institutions. That's the only reason the rat yeller at Harvard there at Dartmouth, and even though some of them or most of them have earned it with their GPAs. That's not how they are viewed because of because of affirmative action and college campuses and they say now you celebrities now you know how we feel that's how you can it be viewed on campus.

From here on in.

Like it or not. I think it's akin to this why I really don't understand why people cannot support the idea of having an African-American female on the cord or thing you know what you went too far. It shouldn't of done that you should consider all candidate and do what the Supreme Court is done, it can be a plot you know diversity can be a plot that just can't be determinative.

It can't be the primary or only consideration.

This is even a racial crap racial exclusion. You know, the court would never tolerate for an educational institution. For example, an effective set in the pants that the law discrimination. He did note that the president's record on racial discrimination is not good federal court struck down programs like the farm subsidies with the pandemic relief which were given where where black farmers were given priority over white farmers that would be called racial discrimination, and they struck that there and now the administration is arguing that the treatments for Colbert should and partly based on race.

You know all this is entirely unnecessary to come up and it tasted slow such as such, justice got the job because of their race and their gender maybe will she have to recuse yourself. No, I don't think so. Some people might argue on school cases that the nominee had a controversy with regard to this admissions rule effectively for the court. I don't think it would be treated as credible if left up to the individual justice. Whether she will recuse yourself is this a different situation you present great discretion on how cooler. Why you nominate someone and were talking about a school admissions policy that is subject to the 14th amendment and federal law. Just the chosen education agenda.

Tillie thanks so much.

Thanks so listen we come back the controversy over many mouse going from dress to pantsuit. I have a friend it's a Disney wants to clarify what exactly is going on so it's we discussed in the previous hour on the Thursday edition of Branko Michaud but I want to get to it now because we have breaking news, weather is sick. Whether it's animated or fiction or nonfiction. We covered all going to need to know basis do you need to know Brian kill me over 100 meteorologists and the worldwide resources a fox in your box, whether podcast precise personal powerful subscriber Melissa Malik Fox is not just stucco or wherever you did your