>>> SPEAKING TO THE CONSERVATIVE
LEGALIST GROUP THE SUPREME COURT
JUSTICE ALITO DELIVERED A
HARD-EDGED SPEECH THAT TOUCHED
ON PANDEMIC RESTRICTIONS AND THE
LIGHTS OF THE LGBTQ COMMUNITY.
HE SAID HE WAS NOT DIMINISHING
THE THREAT TO PUBLIC HEALTH OR
THE LEGALITY OF THE RESTRICTIONS
BUT HE CALLED THEM A
CONSTITUTIONAL STRESS TEST THAT
ULTIMATELY CANNOT BE PERMITTED.
>> THINK OF ALL THE LIVE EVENTS
THAT WOULD BE PROTECTED TO THE
RIGHT OF FREEDOM OF SPEECH,
WORSHIP SERVICES, ACCESS TO THE
COURTS OR THE CONSTITUTIONAL
RIGHT TO A SPEEDY TRIAL.
TRIALS HAVE VIRTUALLY
DISAPPEARED IN MANY PLACES.
WHO COULD HAVE IMAGINED THAT?
WHATEVER ONE MAY THINK OF THE
COVID RESTRICTIONS WE SURELY
DON’T WANT THEM TO BECOME A
RECURRING FEATURE AFTER THE
PANDEMIC HAS PASSED.
WHENEVER FUNDAMENTAL RIGHTS ARE
RESTRICTED THE SUPREME COURT AND
OTHER COURTS CANNOT CLOSE THEIR
EYES.
>> JOINING ME NOW IS CHIEF LEGAL
CORRESPONDENT AND THE HOST OF
"THE BEAT" ARI MELBER.
GREAT TO HAVE YOU BACK ON THE
SHOW.
YOUR REACTION TO HIS COMMENTS ON
COVID RESTRICTION THERE?
>> I THINK JUSTICE ALITO MADE
SEVERAL POINTS REASONABLE ON
POLICY AND LAW, ALTHOUGH I
UNDERSTAND WHY THEY IMMEDIATELY
DRAW PUSHBACK BECAUSE AT TIMES
HE WAS SELECTIVE IN WHERE HE
WANTED TO WEIGH IN POLITICALLY
AND IN DOING SO SORT OF REVEALED
HIS POLITICAL IDEOLOGY.
ON THE COVID STUFF, YOU NEED
LOOK NO FURTHER THAN THIS PAST
WEEKEND WHERE MANY PEOPLE WANTED
TO BE OUTSIDE TO REACT TO THE
PRESIDENTIAL ELECTION RESULTS,
SOME PEOPLE WERE REACTING
POSITIVELY AND CELEBRATING,
OTHERS IN DIFFERENT WAYS.
WHILE IT’S GOOD TO FOLLOW THE
RULES, THE FACT MANY PEOPLE WERE
CONGREGATING IN LARGE GROUPS WAS
A STATEMENT THEY DEEMED THIS AN
IMPORTANT ENOUGH DECISION THEY
WANTED TO MAKE FOR THEIRSELVES
SIMILAR TO OTHER PEOPLE WHO SAY
THEY WANT TO FIND WAYS TO GO TO
CHURCH OR RELIGIOUS SERVICES ON
THE REGULAR BECAUSE IT’S SO
IMPORTANT TO THEM THEY ARE
WILLING TO PERSONALLY MANAGE
THAT RISK, MAKE THEIR OWN
DECISION RATHER THAN HAVE THE
GOVERNMENT DO IT FOR THEM.
IT’S A LONG RUNNING TENSION,
AYMAN, AS YOU KNOW IN AMERICAN
LIFE.
HARD CALLS, WE TRY TO HAVE
AVAILABLE FOR PEOPLE TO MAKE UP
THEIR OWN MIND WITHIN SAFETY AND
JUSTICE.
WHAT I THINK HE SAID, WHAT HE
FUNDAMENTALLY SAID AS THE
PANDEMIC STRETCHES ON AND THE
GOVERNMENT OR GOVERNORS MAKE
MANY OF THESE DECISIONS, THAT IS
A STRESS TEST TO THE
CONSTITUTION.
I WOULD SAY FACT CHECK TRUE.
>> SOME SAY HE GOT VERY
POLITICAL ABOUT CASES THAT HAVE
COME BEFORE THE SUPREME COURT.
YOU SAID IT REVEALS A LITTLE BIT
OF HIS POLITICAL IDEOLOGY. WATCH THIS, THOUGH.
WATCH THIS, THOUGH.
>> IN CERTAIN QUARTERS RELIGION
IS A RIGHT UNTIL VERY RECENTLY
THAT’S WHAT THE VAST MAJORITY OF
AMERICANS THOUGHT.
NOW IT’S CONSIDERED BIGOTRY.
>> SO, ARI, HOW BIG IS THE FEAR
THAT RELIGIOUS LIBERTY COULD BE
TRAMPLING OTHERS’ CONSTITUTIONAL
RIGHTS?
>> IT’S A GREAT QUESTION.
I WALKED THROUGH WHY I THINK AS
A LEGAL MATTER HIS STATEMENTS
ABOUT COVID WERE IN THE LEGAL
MAINSTREAM OF A REASONABLE
REFERENCE TO THIS TENSION
BETWEEN FREEDOM AND GOVERNMENT
SAFETY RESTRICTIONS.
WHAT WE JUST HEARD THERE I WOULD
SAY WAS MORE OUT OF THE
MAINSTREAM AND MORE OF A
POLITICAL OPINION WHICH IS TO
SAY HE IS A JUDGE.
WE’VE HEARD SO MUCH IN THE
CONFIRMATION PROCESS AND IN THE
COURT HOW THEY WANT TO STEER
CLEAR OF THIS BUT HE’S MADE A
CHOICE TO PICK A POLITICAL SPOT
WHERE HE IS LIKENING THE
UPHOLDING OF CURRENT PRECEDENCE.
WHETHER HE AGREES WITH IT OR
NOT, UPHOLDS MARRIAGE EQUALITY
AND HE IS BASICALLY SAYING THAT
HE THINKS PEOPLE WHO DISAGREE
WITH THAT ARE SUBJECT TO
POLITICAL ATTACKS OF BIGOTRY.
AS YOU KNOW, THAT’S NOT REALLY A
LEGAL POINT.
THAT’S JUST HIM SAYING HE EITHER
IDENTIFIES OR SYMPATHIZES WITH
PEOPLE WHO HOLD THE VIEW AND HE
THINKS TO DISAGREE WITH THAT IS
BIGOTRY.
IT’S WAY ABOVE MY PAY GRADE TO
RESOLVE THAT ENTIRE DEBATE.
THAT IS THE JUSTICE GIVING US
POLITICS.
>> IT SPEAKS TO HOW POWERFUL THE
FEDERALIST SOCIETY IS TO GET A
SITTING JUSTICE OF THE SUPREME
COURT TO ADDRESS THEIR
CONVENTION THERE.
>> YOU ARE EXACTLY RIGHT.
I WOULD LOVE TO INTERVIEW
JUSTICE ALITO.
THE FEDERALIST IS AT THE TOP OF