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The Mehdi Hasan Show

come, no doubt, because the other empires, the british, the french, the belgium and so forth, had their own treacherous atrocities as well. we have had some wonderful breakthroughs. there is no doubt about that. from the douglas is, and maria childs, martin luther king, but we are at a moment now where the distress, the disrespect, the unbelievable despair of whether fact america can correct itself. form itself. that is what is probably the deepest issue, the legitimacy crisis -- losing legitimacy. congress losing timidity. presidents who losing legitimacy. universities, wall street. losing legitimacy! house democratic project slide? >> very good question. how does it survived? i want to talk about the supreme court in a moment.

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The Mehdi Hasan Show

it is not as polarizing and radical as some cautious dems would have you believe. as the court's own website acknowledges, the number changed six times before settling it nine in 1869. and even since that date, the number of justices on the bench hasn't always been consistent. need i remind you of 2016, when republicans launched an 11 month blockade a mayor garland 's nomination to the supreme court, in the wake of antonin scalia. they kept the supreme court at just eight justices for almost a year. and they are stating the stage to do something similar again. mitch mcconnell has said he won't commit to any hearings for a biden scotus pick, if his party retake the senate and he becomes majority leader in 2023. radical is not changing the size of the court, something that has been done many times before, including by the republican six years ago. radical is what this current court has been doing over the course of its most recent term. the far-right roberts court has rolled back abortion rights, dealt a deadly blow to the separation of church and state, strict these states ability to determine their own gun control policies. curb the federal government's ability to tackle climate

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The Mehdi Hasan Show

>> he should have [inaudible] [inaudible] >> we have a supreme court right now, which is getting voting rights, abortion rights, minority rights. the ability of the government to restrict gun violence or stop climate change. is this illegitimate supreme court in your view, and is a time for supreme court reform, expansion, even? >> again, he got to keep in mind, i come from the people where the first wave of supreme court justices from 1780's up until 18 60s, a large numbers of them were slave holders. it's hard to ask me a question about whether it's a legitimate court, when it's been -- slave holders for the first 75 to 80 years. so for me, you think about legitimacy, i don't finger pick. i tried to say, well, how do we talk about a supreme court that does not reduce rule of law simply to raw ideology and raw

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The Mehdi Hasan Show

fireplace in the oval office. but biden seems unwilling, unable to heed the lessons of history. biden doesn't favor expanding the court, or saving the constitution. from the court itself. he doesn't favor threatening the court expansion, following the reversal of roe v. wade. reuters reported that biden and his officials are concerned the more radical moves to -- would be quote, politically polarizing, ahead of november's midterm elections. ridiculous, in my view. his own press secretary, korean john perez went on the record to say that expanding the court's something that the president doesn't agree with, that's not something he wants to do. the truth is, adjusting the number of justices on the bench,

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The Mehdi Hasan Show

philip thinking a, political scientist, he did just that. and when he found, and you give us the data is rather shocking. senators who backed clarence thomas, for example, presented just about 48. 6% of the population. those behind amy coney barrett, 46. 8%, how about the kavanaugh stands? 43. 3% of the american populists. about -- only chief justice john roberts got over 50%. now, let's compare those figures for the rest of the court there. the three liberals. 66. 5% for kagan, 73. 7% of the population for sotomayor, and 90% for breyer. to be clear, based on this data we can say definitively that none of the five conservative justices who voted to overturn roe were approved by senators representing a majority of the u.s. population. now, some on the right will say, rather dismissively, who cares? that is not how the system is supposed to work. it supposed to represent states, not the public opinion or the popular vote. which is technically correct.

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The Mehdi Hasan Show

government of laws and not of men. >> we must take action to save the constitution from the court itself. powerful words. we actually know how this plan worked out, the proposal was never adopted, and a number of justices remained at nine. but, we should be very hesitant to call that a failure. because, while his plan to expand the court never came to fruition, the political pressure campaign he lead was ice out of the a success. the threat of expanding the bench, seem to be enough to convince owen jay roberts. yes, justice roberts by then, a key swing vote to side with the liberals, saving cornerstones of roosevelt's agenda, such as the minimum wage and social security, and a short time later, one of the four horsemen would retire. the end result, that supreme court would never again strike down a new deal law. for roosevelt, the mere threat of action seem to be enough to get the court in line. now, fdr's presence has loomed large over joe biden's presence, quite literally. his portrait hangs over the

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conservative justices known as the four horsemen, chipped away, one by one, at several key pieces of that legislation. fresh off his reelection victory, though, roosevelt decided he had had enough. in 1937, he unveiled a plan to expand the supreme court, increase in the number of justices from 9 to 15. take a listen to fdr explaining his reasoning for the proposal in one of his famous fire side chats. >> we have, therefore, reached the point as a nation, where we must take action to save the constitution from the court and the court from itself. we must find a way to take an appeal from the supreme court to the constitution itself. we want a supreme court which will do justice under the constitution, and not over it. in our courts, we want a

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The Mehdi Hasan Show

into about just about every far-right maximalist impulse imaginable. this shock some, apparently, at the new york times, and other prominent outlets. it really shouldn't have, though. why would alito and thomas and kavanaugh and company deign to care about democratic legitimacy, when they never had basic numerical legitimacy to begin with? by now, we are all well acquainted without how justice 's got on the supreme court. in the event the scene opens, the president nominates a nominee, it's presented before the senate, and a vote of four down on confirmation. unless this person is named merrick garland, but i digress. let's consider for a moment, the two senators to confirm from each state or not confirm each current justice on the court. the percentage of the u.s. population they represented, using census data prior to each justices appointed to the court. hamilton college professor

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house democratic project slide? >> very good question. how does it survived? i want to talk about the supreme court in a moment. are you following the 16 committee public hearings? if so, how alarmed are you by what you've seen and heard from the republican witnesses at those hearings? >> i mean one, you know i'm never surprised by evil. i've got too much christiansen 's ability. i know corruption cuts deep. i was glad to see cassidy step forward and speak up truths. we knew that the gangster -- not just trump, but [inaudible] cassidy enabled him as well. she was on the trump bandwagon. and so many republicans around the trump bandwagon on tillis last-minute. but i do applaud them finally coming out and trying to tell the truth. but it's just part and parcel of the network of corruption. that is what we are really talking about.

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of a once in a generation chrysler. santa or the white house with -- a clear authorization for the president to push ahead with unambitious legislative agenda but a major obstacle stands on his way, a right-wing reactionary supreme court with very little public legitimacy. some familiar? this week discipline court wrapped up an immense most controversial terms in american history. scaling back decades of progress in the matter of mere weeks. we've actually been here before. following a landslide victory in 1936, president franklin d. roosevelt was elected to a second term in office. securing what was, at the time, the largest popular vote tally in american history. fdr's victory sold out of not only a personal win, but a decisive victory for his signature legislative agenda, the new deal. despite the program's popularity amongst the american people, it faced some serious opposition at the nation's highest court, over the years, fdr watched as the supreme court, led by a group of ultra

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