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embraced an anti-democrati anti-semitic, and in some case -- conservative supreme court too away the 50-year-old constitutional right to an abortion we'll get to all of that and more tonight, but we begin a the end of this year, and th historic results for the midterm election democrats gained a seat in the senate, and republicans manage to snatch defeat from the jaws of victory historically, midterm election have been outright disastrou for a first term president, an the party in power as msnbc political commentator -- democratic presidents in their first midterms have seen the part...

Feels like he has got his five he's going to do what he needs to do. that is the substance of the decision when you overrule roe v. wad and people who spent 50 year with that as a fundamental right, you are going to have a different reaction it's not really about star decisis or not, it's reall much more a reaction to what the substance of the decisio is rather than this. >> i want everyone to stic around next, i want to take a look at the numerous legal issue facing the disgraced e president. where it all stands and what i going to look like in 2023 we will be right back.

Notion of stairr starry -- star decisis, the court's adherence to precedent, it's the notion that once the court makes a decision on a matter of law that it will continue with that decision and subsequent decisions and considerations so throwing stare decisis out the window, this court says it wasn't right in the first place, really is kind of a thumb in the eye towards this notion of judicial precedent and judicial restraint, and the fact that the examples that justice alito gives are almost offensive. he talks about plus si versus ferguson which is the famous separate but equal decision sayi...

Business his promise to nominate a black supreme court justice. mark, your column in the "washington post," you brought out a blast from my past when i hosted cbs' face the nation and had biden on to talk about the nomination of just janice rogers brown to the supreme court by george w. bush. listen to what biden said here. >> i with assure you that would be a very, very difficult fight and she probably would be filibustered. >> wasn't she confirmed? >> the circuit court of a judge is bound by star decisis. your thoughts? >> it's a remarkable irony. here he is taking credit for this historic n...

And in order to fend off the argument that big money corrupts and absolute money corrupts absolutely, they said no, because there is going to be independence and transparency, in fact, if i remember correctly, they said -- i don't have it, here we go. the separation between candidates and independent expenditure negates the possibility of corruption. so if they're wrong, factually, about this spending being transparent and we know they are from what we have seen since then and wrong factually about the independence of this spending and we know they are from actual events that have happened sin...