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Since the chief justice, the new swing vote on the court, is likely to be reticent to have the court actually put in the position of overruling such a key precedent. but there are actors from the states to the lower courts to litigants to the court in its own agenda-setting function who can really do everything but, can put roe on life-support without declaring it dead. >> and so much else at stake, affirmative action, we'll be talking about that later in the program, especially now given the justice department's new policy on that. well, pete williams, you're the busiest man in town for the n...

Likely find themselves on the defensive and so in many ways it's not simply the list that tom ticked off and a few others, but the actual entries on the list and the agenda-setting function of the court that will also take a major step right. >> let me ask you, donna, to expand on some of what rachel was talking about in terms of the asymmetry with which the republicans handled the merit garland nomination. how would you advise your former colleagues to deal with this situation they find themselves in? >> look, i said it's time for democrats to throw down. and what i mean by that is that we've...