I AM THROWING A RED FLAG FOR THAT. JONAH ME NOW, ELLIE. THE HOST OF THE CONTEMPT OF COURT PODCAST AND THE AUTHOR OF, ALLOW ME TO RETORT, A BLACK GUYS GUIDE TO THE CONSTITUTION. DURBIN SAID THAT JUSTIN -- JUST AS A LABEL SHOULD RECUSE HIMSELF FROM DONALD TRUMP'S IMMUNITY CASE. HE STOPPED SHORT OF CALLING FOR AN INQUIRY THAT WITH THIS NEWS OF A SECOND FLAG, NOT ONLY IS IT DURKIN, BUT SENATOR -- JUSTICE ROBERTS TO ADDRESS ETHICS CRISIS. DO YOU EXPECT ROBBERS TO SAY YES TO MEETING WITH THEM TO DISCUSS WHAT IS GOING ON IN HIS BACKYARD? >> Reporter: JOHN ROBERTS IS THE MELANIA TRUMP OF SUPREME COURT JUSTICES. HE REALLY DOES NOT CARE. WE KNOW THAT ROBERTS DOES NOT CARE ABOUT THE ETHICAL DISASTER THAT IS HIS SUPREME COURT. BY HIS ACTIONS. ROBERTS IS SPEAKING LOUD AND CLEAR WHEN HE DOES THINGS LIKE ALLOW SAM ALITO TO WRITE VOTING RIGHTS OPINIONS, AS HE DID IN 2021 AND HE DID THIS WEEK IN THE GERRYMANDERING CASE BROUGHT BY THE NAACP IN SOUTH CAROLINA. NOT ONLY DOES ROBERTS LET ALITO WRITE THESE OPINIONS WHERE ALITO DENIES THE VOTING RIGHTS OF BLACK AND BROWN PEOPLE ACROSS THE COUNTRY, HE ALLOWS HIM TO WRITE THESE OPINIONS, HE'S RELEASED THE OPINION THIS WEEK. THIS CASE I CAME OUT THIS WEEK FROM THE NAACP, THAT WAS ARGUED BACK IN OCTOBER OF 2023. IT COULD HAVE BEEN RELEASED ANY TIME BEFORE THE FLAG CONTROVERSY. OR THE SUPREME COURT WILL PROBABLY GO UNTIL JUST BEFORE JULY 4th WEEKEND, ROBERTS COULD HAVE PUT IT IN THE BACK POCKET AND RELEASED IN A COUPLE WEEKS HOPING PERHAPS THE FLAG CONTROVERSY WOULD BLOW OVER IF ROBERTS CARED. BUT, HE DOESN'T. HE WANTS PEOPLE TO KNOW THAT HE DOES NOT. THAT'S WHY HE'S ALLOWING ALITO TO WRITE OPINIONS AND OBVIOUS LEE DOING NOTHING WITHIN HIS POWER, HARD POWER AND SOFT POWER TO ADDRESS THE ETHICAL CONCERNS ON HIS COURT. >> I'M GLAD YOU PIVOTED TO THE SOUTH CAROLINA DECISION. IT'S IMPORTANT FOR PEOPLE TO UNDERSTAND WHAT HAPPENED THIS WEEK WITH THAT COMING OUT. NOT ONLY WAS IT JUSTICE DELAYED, JUSTICE DENIED, BUT ALITO IS SAYING THERE HAS TO BE DIRECT EVIDENCE OF RACISM VERSUS ANY CIRCUMSTANTIAL EVIDENCE THAT MAY RESULT WHEN YOU LOOK AT THE RESULTS OF THE GERRYMANDERING THAT OCCURS. THE DRAWING OF THE DISTRICT LINES. IS THIS A NEW LEGAL STANDARD BECAUSE IT COMES FROM THE SUPREME COURT? IT WILL BE THE BAR THAT HAS TO BE MET IN ORDER FOR ANY CHALLENGES TO GERRYMANDERING TO BE RAISED? >> Reporter: YES, THAT IS WHAT ALITO DID. TO REACH THE CONSTITUTIONAL PROTECTION OF THE 14th AMENDMENT AND THE EQUAL PROTECTION CLAUSE. IT IS TO PREVENT THIS KIND OF RACISM FROM HAPPENING. TO REACH THAT STANDARD NOW, YOU CAN'T REACH THAT STANDARD BY SHOWING WHAT REPUBLICANS DO THROUGH THEIR ACTIONS. IF THEY DRAW DISTRICT THAT SYSTEMATICALLY REMOVES ALL THE BLACK VOTERS FROM THE DISTRICT, WHICH IS WHAT HAPPENED IN SOUTH CAROLINA, THAT IS NOT ENOUGH. WHAT YOU HAVE TO SAY ONE ALITO IS TALKING ABOUT DIRECT EVIDENCE , OPPOSED TO CIRCUMSTANTIAL, HE IS SAYING THAT YOU NEED THE MAP MAKER TO SIT THERE WHILE THERE ARE DRYING -- DRAWING THEIR MAP AND SAY, I AM FITTING TO DO SOME RACISM TODAY. THAT IS DIRECT EVIDENCE. UNLESS THE REPUBLICAN LEGISLATURE GERRYMANDERING THE DISTRICTS SAYS DIRECTLY, WE ARE DOING THIS BECAUSE WE HATE THE BLACKS, UNLESS THEY SAY THAT, YOU DO NOT HAVE EVIDENCE OF RACIAL IMPROPRIETY IN REDISTRICTING CASES, ACCORDING TO SAM ALITO. LOOK, THERE ARE WHITE PEOPLE WHO ARE ABSOLUTELY RACIST ENOUGH TO SAY THAT. DONALD TRUMP EXISTS. I CANNOT SAY THAT IT CAN'T EVER HAPPEN. THE IDEA THAT YOU CAN ONLY PROVE RACISM IF THE RACIST ADMITS WHAT THEY ARE DOING, IT IS BONKERS, BUT IT IS PART OF THE INSURRECTION. IT IS PART OF WHAT ALITO WAS DRIVING AT. THE THREAT, THE THREAD THAT TIES ALITO'S UPSIDE DOWN FLAG AND INSURRECTIONIST FLAGS TO HIS JUDICIAL OPINIONS IS THIS -- HE DOES NOT THINK THAT THE VOTES OF BLACK AND BROWN FOLKS MATTER. ALL RIGHT? HE THINKS THAT AS LONG AS THE MAJORITY OF WHITE PEOPLE WANT SOMETHING, WHETHER THAT BE DONALD TRUMP BEING PRESIDENT OR BLACK PEOPLE NOT BEING ABLE TO VOTE IN NANCY'S DISTRICT IN SOUTH CAROLINA, HE THINKS THAT IS OKAY. THE REASON WHY ALITO DOES NOT THINK HE IS AND INSURRECTIONIST, EVEN THOUGH HE IS, EVEN THOUGH DONALD TRUMP LOST THE ELECTION, HE WON THE WHITE VOTE. HE WON WHITE MEN AND WOMEN. ACCORDING TO ALITO, THAT IS ENOUGH. THAT MEANS THAT DONALD TRUMP SHOULD BE PRESIDENT BECAUSE WHITE PEOPLE WANT HIM TO BE PRESIDENT. THAT IS ALL THAT MATTERS TO ALITO. NOT THE VOTES OF EVERYBODY ELSE. >> I HAVE A CONCERN ABOUT DELAY, SEEING HOW JACK SMITH GAVE THE SUPREME COURT THE OPPORTUNITY TO TAKE UP THE PRESIDENTIAL IMMUNITY CASE EARLIER THAN LATER.
