THINGS.

>> WE LOOK FORWARD TO THAT.

>>> CONCERNS OVER ETHICS AGAIN AT THE U.S. SUPREME COURT AS THE COUNTRY AWAITS SOME OF THE BIGGEST DECISIONS OF THE TERM.

THOSE COULD ANSWER QUESTIONS LIKE, WILL AFFIRMATIVE ACTION IN COLLEGE ADMISSIONS BE ALLOWED?

AND WILL THE JOE BIDEN ADMINISTRATION BE ABLE TO OVERTURN STUDENT LOAN DEBT?

HERE TO TALK ABOUT THAT ARE CAROLINE LINDSAY, A LAWYER, AND DAVID FRANKLIN, WHO WORKED FOR RUTH BADER GINSBURG.

AND LINDA, WHO WORKED FOR JUSTICE BREYER.

WELCOME ALL OF YOU.

LET'S START WITH THE ETHICS ISSUE THEY ARE TRYING TO DEAL WITH, WITH JUSTICE THOMAS, JUSTICE ALITO ACCEPTED THESE LUXURIOUS TRIPS FROM PEOPLE THAT HAD WORKED BEFORE THE COURT.

WHAT IS THE RED FLAG YOU SEE WITH THESE?

>> BIG PICTURE, THE JUSTICES ARE AWARE THAT THEY DON'T HAVE THE TOOLS, THEY DON'T HAVE THE POWER OF THE PURSE.

THE COURTS AUTHORITY, ITS LEGITIMACY, DEPENDS ON THE PUBLIC BELIEVING THE JUSTICES ARE ON THE UP AND UP.

WHAT THEY ARE DOING IS JUST AND FAIR, EVEN IF THEY DON'T AGREE WITH IT.

WHEN YOU HAVE THESE STORIES COMING OUT THAT INDICATE THE JUSTICES BELIEVE THE RULES DO NOT APPLY TO THEM, THEY WOULD ACCEPT GIFTS OF MORE THAN $50, THEY HAVE TO DISCLOSE EVERYTHING.

THAT IS NOT WHAT HAPPENED.

IT WILL CONTRIBUTE TO A TREND ALREADY THERE, DIMINISHING PUBLIC CONTENT -- CONFIDENCE.

>> LINDA, OUR U.S.

SENATOR, DURBIN , SAYS HE WILL MARK LEGISLATION, SAYING THAT JOHN ROBERTS COULD DO SOMETHING BUT NOT DOING ANYTHING.

SOMETHING THAT JUSTICE COULD DO TO HELP THE PERCEPTION?

>> HE HAS THE RESPECT OF HIS COLLEAGUES, ONE OF THE REASONS, UNTIL RECENTLY, HE HAS BEEN AN EFFECTIVE CHIEF JUSTICE.

HE COULD EXERT SOME PRESSURE ON HIS COLLEAGUES TO DO MORE IN THE WAY OF DISCLOSURES.

THE BIGGEST ISSUE IS NOT THE SPECIFICS OF ANY DISCLOSURE, IT IS THIS GENERAL PATTERN THAT WEALTHIER, WELL-FUNDED INDIVIDUALS AND ORGANIZATIONS CAN DO THIS, WITH JUSTICES THAT SHOW THEIR IDEOLOGY.

>> DISCLOSURE HELPS BUT THE PROBLEM EXISTS.

>> A LOT OF THOSE PEOPLE THAT DO CASES BEFORE THE SUPREME COURT.

CAROLINE LINDSAY, WHAT DO YOU THINK CHIEF JUSTICE ROBERTS THINKS ABOUT THIS?

>> HE IS PRIMARILY CONCERNED WITH THE PUBLIC PERCEPTION ISSUE .

HE CARES A LOT ABOUT THE COURT AS AN INSTITUTION AND UNDERSTANDS THAT, IN ORDER FOR IT TO SERVE A ROLE IN OUR CONSTITUTIONAL DEMOCRACY, IT NEEDS LEGITIMACY.

AT THE SAME TIME, THE INDEPENDENT OF THE COURT IS IMPORTANT AND HE IS CAUGHT BETWEEN A ROCK AND A HARD PLACE AS FAR AS ACCEPTING LEGISLATIVE OVERSIGHT, CONGRESSIONAL PARTISAN MEDDLING IN THE COURTS, BUT THIS CRISIS THAT HAS BEEN FUELED PRIMARILY BY THE MEDIA.

>> LET'S MOVE ON TO SOME OF THE CASES, ONE THAT WAS DECIDED, ALLEGAN -- ALAN VERSUS MILLION, 54, THE JUSTICES REALLY AFRICAN- AMERICAN RESIDENTS IN ALABAMA WERE NOT REPRESENTED.

>> MANY COURT WATCHERS WERE SURPRISED.

THIS DECISION CONCERNS A CHALLENGE TO THE ALABAMA REDISTRICTING ON THE BASIS OF RACE.

IT FIRST CAME BEFORE THE COURT LAST TERM IN EMERGENCY POSTURE THE LOWER COURT HAD STRUCK DOWN , THE VIOLATION OF FEDERAL LAW.

ALABAMA ASKED THE COURT TO STAY THE ORDER SO THEY COULD USE IT IN THE NEXT ELECTION.

THAT WAS LAST FALL.

THE COURT ENTERED THE STATE.

TYPICALLY, WHAT WE SEE IN THESE CASES, IF A COURT STAYS A LOWER COURT ORDER, TAKEN AS A SIGNAL THEY WILL REVERSE THAT WHEN THEY DO TAKE ON THE CASE ON THE MERITS.

THEY DID NOT.

5-4.

WE DON'T KNOW THE VOTE EXACTLY, PRESUMED FLOP, BUT JUSTICE CAVANAUGH WROTE AN OPINION ABOUT THE ORDER LAST TERM, EXPLAINING HIS POSITION IN FAVOR OF THE STATE.

NOW JOINING THE MAJORITY.

AS PEOPLE ARE SURPRISED BUT IF YOU HAVE BEEN PAYING ATTENTION TO THIS THE LAST FIVE YEARS -- >> A LOT OF NUANCE IN THE DECISION.

ANOTHER CASE THAT COULD BE DECIDED VERY SOON, AFFIRMATIVE ACTION AS STUDENTS FOR FAIR ADMISSIONS VERSUS HARVARD AND ANOTHER INVOLVING NORTH CAROLINA.

WHAT ABOUT THIS CASE?

>> UNDER CURRENT LAW, RACE CAN BE CONSIDERED IN UNIVERSITY ADMISSIONS.

ONLY UNDER LIMITED CIRCUMSTANCES.

WHEN NECESSARY TO ACHIEVE STUDENT BODY DIVERSITY.

IN THIS CASE, WILL THE COURT DECLARE THAT RACE IS OFF THE TABLE?

IT CANNOT BE CONSIDERED AT ALL IN THE ADMISSIONS PROCESS?

OPENING STORY, IN THE DOBBS CASE , THEY SAID ABORTION ISSUES SHOULD BE RETURNED TO THE POLITICAL PROCESS.

ONE OF THE MOST COMPELLING THINGS I SEE, JUSTICE JACKSON, LAYING OUT THE POSITION THAT, IF YOU TAKE AN ORIGINALIST MENTALITY, IT IS CLEAR THAT THE PEOPLE WHO ENACTED THE 14th AMENDMENT ALSO PASSED MANY RACE CONSCIOUS LAWS.

FROM AN ORIGINALIST POINT OF VIEW, TAKING THIS OFF THE TABLE, ANOTHER EXAMPLE OF SELECTIVE USE.

>> ANOTHER CASE INVOLVING JOE BIDEN CANCELING STUDENT LOAN DEBT.

>> THIS CASE IS ABOUT WHETHER THE ADMINISTRATION HAS THE POWER ON ITS OWN TO ELIMINATE THE DEBT OF A LOT OF STUDENTS.

THE ISSUE HAS TO DO WITH THE POWER OF THE ADMINISTRATIVE BRANCH, THE EXECUTIVE BRANCH, TO DO THINGS WITHOUT A CLEAR INSTRUCTION FROM CONGRESS.

THIS BEING WILL COME UP AGAIN AND AGAIN.

THERE IS THE MAJOR QUESTIONS DOCTRINE, IT SHOULD BE DONE BY CONGRESS, AND THAT SOUNDS LIKE IT IS SENSIBLE.

BUT IT WOULD STRAIN THE ABILITY OF THE GOVERNMENT TO DO A LOT OF THE THINGS IT DOES TODAY.

>> A LOT OF CASES DEALING WITH SEPARATION OF POWERS.

THE STATE LEGISLATURE THEORY,