Transcripts For CNN Whos Talking to Chris Wallace 20240707 :

CNN Whos Talking to Chris Wallace July 7, 2024

Steven briar and his first sit down since leaving the court. Opens up about the Dobbs Decision that ended Abortion Rights during his final and toughest year on the bench. Was that frustrating for you to lose important case after important case . Yes. But how frustrating . Very frustrating. Then music legend shania twain whose singing career continues to thrive despite brutal setbacks which could make for one pretty great Country Music song. Youve got consider the possibility my career is over. Yes, i did. I believe after seven years. Later, movie mogule tyler perry. The actor, writer and drik or the on his latest project unlike anything hes ever done. I go head to head with his most famous character ma dee ya. Im not doing that with you christopher wallace. I worked a lot on this question. Dont do that. Are you always like this . Are you saying parents are wrong . Yes. Will you come back . Yes. Of course, i will. Okay. A week from tomorrow the u. S. Supreme court starts a new term without Justice Steven breyer. For the first time in almost three decades. But its the last term final one on the court that may have been its and his most con kwen shl. We started the conversation right where his judicial career left off. You had a bad final year. Some of the most important cases on the court; abortion, guns, the power of the epa to regulate the climate. You were on the losing side. Was that frustrating for you to lose important case after important case . Yes. But how frustrating . Very frustrating. I mean, does it, do you grit your teeth . You do your best. Maybe people will agree and maybe they dont. And maybe youll win and maybe youll lose. It must be painful because were not just talking about theoretical cases here. Were talking about cases that really affect peoples lives. Yes. Yes. And believe me thinking of some of the cases you mentioned, im not sure you can think of an argument i didnt think of. Yes. I thought i wanted i thought i had a correct Point Of View there. I did. Of course, i was disappointed. Of course, i was. So, now. Theres lots more to this life and this country and there are a lot more ways on bringing people together. Take us inside the court. We like to talk about a 63 conservative majority. Does it ever feel like separate camps . Sometimes. Sometimes. Less than you think. Less than you think because but i cant say never. You and others like to talk about the 28th year. I was there for 27 years before. During the 27 years before, actually, we were unanimous about 4050 of the time. And the five fours were about, i dont know, 15 , 20 , sometimes 25. It wasnt always the same five and the same four. What was different in the 28th year . I lost a lot. You said it. Because i thought that 28th year i thought we had some cases that i thought were very important cases and i was very, particularly, sorry we lost them. I guess the question im trying to get to is as the majority in this 28th year, decide cases, important cases that you disagreed with. Did it ever get strained personally . What happens is we get on well personally. Example, when renquist was there after the kfrnls. With two five four decisions going either way on matters of importance we go lunch together. Were up in the dining room having a jolly, sort of, a pleasant conversation. I say to renquist isnt it amazing were having a nice conversation with each other and enjoying it. Half an hour ago we were, renquist says, i know. A half an hour ago half the court thought the other half was out of their minds. But were getting, as people, as people we get on. Lets talk about the Dobbs Decision. Specifically, that overturned roe v. Wade. How damaging do you think the decision to say that women no longer have a right to abortion. How damaging do you think it has been to court and to the country . Well, the court went down in Approval Ratings down to 25 . You dont know how long that will be lasting. We dont know. I say in my decent it would be damaging . All right. How damaging to the country do you think its been . Well, what did i say in the decent . We had three of us writing a decent. We thought it was for many, many reasons harmful to the court and we thought for many reasons it was generally a harmful decision. We thought it was wrong. Five people thought it was right. So the truthful answer is at this moment i dont know exactly. In your book, the authority of the court and the peril of politics. You write that if people come to see justices as politician in robe. Junior league politician, as you put it, thats going to be damaging to the standing of the court. Yes. In your decent on dobs the three so called liberal justices right. The Court Reverses course today for one reason and one reason only. Because the composition of this court has changed. Are you saying that this wasnt a legal decision so much as it was the policy preferences of a new majority on the court, conservative justices appointed by republican president s . You try to separate those two things. For most of my career as a judge i try not to. The groups who are interested in politics, really in politics, they wouldnt say they were anything else. They work on a president to get a judge appointed who will have an approach towards the constitution and who will have an approach toward the law that they believe will end up in a decision that will favor what they politically want. Outcome. Correct. The judge himself, and it took me a long time to understand this. But the judge himself does not think he or she is being political. We do think what we think, right. And that is partly pure jurisprudence. Partly philosophy. Partly the way we brought up. Partly what we think about how the constitution of the United States and the government of the United States and a the Supreme Court of the United States fit among the governing political institutions. But the point is people who have a, well, this is the way. This is the way. Ive got it. 1,. 2,. 3. That is the way. They will disc way. Are there people on the court now who say this is the way . You better ask them. Because im saying i hope not. But youre not saying no. You start writing too rigidly and you will see the world will come around and bite you in the back. Because you will find something you see just doesnt work at all. And the Supreme Court, somewhat to the difference of others, has that kind of problem in spades. Life is complex. Life changes and we want to maintain in so far as we can, everybody does, certain key moral, political value, democracy, human rights, equality, rule of law et cetera. In may 2nd months before the dobbs opinion, a draft opinion, very close to what the court decided, leaked to the press. How damaging was that both to the court and what impact did it have on the justices inside the court . I dont know the individual impact. That was individual decision making. But i think it was very damaging. Within 24 hours the Chief Justice ordered an investigation of the leaker. Have they found him or her . I have, not to my knowledge but im not privy to it. So, in those months since the Chief Justice never said hey we got our man or woman . To my knowledge, no. Still to come. By conversation with justice turns to the future of the court and revealing answer about why he decided to hang up his robe now. If youre going to miss it and you think youre up to it, why did you rere . Whose talkingo Chris Wallace is brought to you by gillette. Gillette. The best a man can get. Of the. For effortless shaving in one efficient stroke. Gillette. The best a man can get. 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Were a fiduciary, obligated to act in our clients best interest. other Money Manager so when do you make more money, only when your clients make more money . Fisher Investments yep. We do better when our clients do better. At Fisher Investments, were clearly different. Justice Stephen Breyer left the Supreme Court as the institution is suffering from some of its lowest Approval Numbers ever. Breyer opens up about what that means for the future of the court and explains one of the big reasons he decided to retire now. When the court starts its new term the first monday in october, are you going to miss being there . Yes. You are . Yes. Why . Why . Because when you think something through in a problem you have a chance to express your view and then you may have an impact. Ive always enjoyed. I might have an impact with the books i write. Thats far, far out an impact with a book. But an impact as a justice you talk to your fellow colleagues, you talk in the conferences, you end up trying to produce something that, at least five and we hope more, can join. And then if it works youve done the best you can in this small area of law to make it a little bit clearer or work a little bit better. Thats a satisfactory thing for me. If youre going miss it and you think youre up to it, why did you retire . Im 84 years old. Ive done this for a long time. Other people should have a chance. The world does change and we dont know, frankly, what would happen if i just stayed there and stayed there. How long would i have to stay there . How long are people going to keep in the political world disagreeing and so forth and not being able to find who would be the next person . I owe a loyalty to the court. Maybe im reading more in to it than youre saying. I sometimes do that. It seems part of your calculus was you wanted joe biden to name your successor. I want someone to be able to. You tell me, youre the expert. Youre the expert. What are the risks because i dont know . If i stay there another year, another two years, you know, im not methuselah. Even another three years. Will it be possible for a president to nominate and to have confirmed my replacement . Thats a kind of thing thats if my mind. Wait. There have been delays when the parties split between control of the senate and control of the presidency. And sometimes long times pass. I would prefer that my own retirement, my own membership on the court, not get involved in what i call those purely political issues. So the fact that it was a democratic president and a democratic majority in the senate played a role . You have tod it play some role . Could have. It depends on what the republicans were. Lets talk about the future of the court. This summer Justice Alito made a speech in which he talked about the Dobbs Decision. Here he is. I had the honor this term of writing, i think, the only Supreme Court decision in the history of that institution that has been lamb basted by a string of foreign leaders. What really wounded me was when the duke of sussex addressed the United Nation and compare, the decisions whose name may not be spoken with the russian attack on ukraine. After what the court did in this last term, can you honestly say, because they are going to hear cases on Affirmative Action and voting rights. Can you honestly say any precedent is safe anymore . Sure. I think quite a few others. Ill show you something. This is the constitution. Yes, sir. I was going to ask you at some point whether you had your constitution. No its in my suit pockets. How many constitutions . Do you have them in various suits . Yeah. They all say the same thing. I understand that. The suits dont all look the same though. No. They look pretty shabby. In other words you dont want to, you dont have a constitution on your Bedside Table you take and put in your jacket, there in the jacket . Yeah. Okay. Just so youre armed. Yeah. People ask me questions and i can look it up. Look. First words of amendment one, Congress Shall make no law respecting an establishment of religion or prohibiting the free exercise there of. Alito thinks there arent as many people who are religious. When i look at it i think at the time they wrote this there were maybe four or five religions in the United States. And today there are a hundred. And he thinks, perhaps, we should pay more attention in the constitution even if were secular. Even if were not religious to those who it is religion. I think what this means where you have a country with a hundred religions, and, by the way, people feel very strongly about their religion. That we ought to pay a lot of attention, a lot of attention, to the need to decide cases in a way that will prevent social discord stemming from religion. You talk about social harmony but when the court undoes a right that people have lived with for half a century, doesnt that very much shake the authority of the court . Did i like this Dobbs Decision . Of course i didnt. Of course, i didnt. Was i happy about it . Not for an instant. Did i do everything i could to persuade people . Of course. Of course. But there we are and now we go on and we try to, its a little corny what i think but i do think it. From the Vantage Point of being 84 and 28 years on the court, how concerned are you about the state of the country today and the polarization and the fact that what, you know, you may have had one view of an issue and i had a different view but we agreed on the ground rules and that no longer seems to exist in this country. At least in some quarters. How discouraged are you or worried about that worried. Devastated . No. Weve had bad times before and we pull ourselves out. Not to necessarily make everything perfect. But we pull ourselves out to make them better. And thats why i want those students to go out there and participate. Really. Thats what this document is about. Its their country and its easier to say as an older person. But i say my friends its up to you now. Go do it. Still to come. Ty tyler perry made us laugh for years. Tonight he talks about how the abuses he suffered as a child helped him become a big player in the movie business he is today. But First Music Star Shania Twain tells me how her life changed forever at the height of her career. It was either, i took the chance and gave it a try or i would never. I would just have to stop my singing career. Allelectric with room for up to seven. Its the suv electric has been waiting for. The allnew eqb from mercedesbenz. 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