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But something that sonia sotomayor said earlier this year, will the court survive the stench of the partisanship we've seen going on in that institution? she was specifically referring to an abortion case they were hearing, about whether or not a mississippi ban on abortion after 15 weeks could continue. it sounded obvious from the oral arguments that the conservatives were ready to ditch roe or make it no longer recognizable to those of us who support abortion rights. will the court survive the stench? one nominee, even an extraordinary, highly qualified black woman nominee is not going to he...

Let me begin with you, rick, here on this point because i want you to help people understand. people have heard the news. they've heard about what gerrymandering is and the alabama map. help us to contextualize why this is so significant that this is even being looked at on a shadow docket, for example? what do you say, rick? >> well, you know, the first thing to note is back in 2013, the supreme court killed a key part of the voting rights act called section 5 that would have required alabama to go to the department of justice and show that their map wouldn't make minority voters worse off. t...

That follows the rule of law. and that when presented with a decision that is well reasoned, that is thorough as the one that we referred is, the 225 page decision, from a court that spokes to 17 witnesses and evaluated all of the evidence with distribution, unlike what the court did here, where it decided this on its shadow docket, without any arguments or prefer, when the supreme court finally gets this case, a full hearing which black alabamians and every person in this country deserve, we expect that the court will do the right thing, and recognize that this is a clear and blatant violatio...

Just be esoteric conversations in a law school classroom and in a number of cases that the supreme court takes even in their shadow dockets where we have no idea what they're truly thinking about those issues. that's going to be the very transparent among themselves moment, which the public we have no idea. and the instances involving criminal defendants in particular, i suspect it will be particularly influential at this court on the shadow docket. >> yeah. that's a great point about the shadow docket as well. look how critical it has been in the last term. gloria borger, to you. she talked a...

The shadow docket and i hope that perhaps if they don't, congress will take some action. i finally want to ask, so far as this issue of transparency is concerned, about codes of ethics. you have followed a code of ethics as a district court judge and court of appeals judge, correct? >> i have. >> does that code of ethics apply to the united states supreme court? >> my understanding is that it does not. >> correct. and my hope is that you will perhaps urge your colleagues as well to support a code of ethics. they haven't done so as yet, but i think we have an obligation in the congress to set f...