>> HI I'M MARK ROTTERMAN.

COMING UP, PRESIDENT BIDEN PITCHES INFRASTRUCTURE DEAL, THE DEBATE IN THE GENERAL ASSEMBLY OVER MEDICAL MARIJUANA, AND FACEBOOK WINS BIG IN FEDERAL COURT.

NEXT.

>> MAJOR FUNDING FOR FRONT ROW IS PROVIDED BY: ADDITIONAL FUNDING PROVIDED BY: FUNDING FOR THE LIGHTNING ROUND PROVIDED BY: A COMPLETE LIST OF FUNDERS CAN BE FOUND AT: IT'S FRONT ROW WITH HOST MARC ROTTERMAN.

>> WELCOME BACK.

JOINING THE CONVERSATION, MITCH KOKAI OF THE JOHN LOCKE FOUNDATION, JAY CHAUDHURI, THE DEMOCRATIC WHIP IN THE STATE SENATE.

ASHER HILDEBRAND WITH THE SANFORD SCHOOL OF PUBLIC POLICY AT DUKE, AND NELSON DOLLAR SENIOR ADVISOR TO THE NC SPEAKER OF THE HOUSE.

MITCH, WHY DON'T WE BEGIN WITH THE PROSPECTS FOR A DEAL FOR THE INFRASTRUCTURE BILL IN THE SENATE.

>> THIS IS SOMETHING THAT'S BEEN A PRIORITY FOR PRESIDENT JOE BIDEN AND HIS ADMINISTRATION GETTING SOME SORT OF PACKAGE ON INFRASTRUCTURE AND WE KNOW THAT A GROUP OF MIDDLE OF THE ROAD, DEMOCRATS AND REPUBLICANS WITHIN THE SENATE CAME UP WITH A PLAN 970 BILLION DOLLARS PLUS THAT WOULD DEAL WITH A LOT OF INFRASTRUCTURE ISSUES.

IT'S ONE THAT PRESIDENT BIDEN LIKES, HE'S BEEN TAKING IT ON THE ROAD TAKING IT TO THE PEOPLE SO TO SPEAK, TRIPS TO WISCONSIN, MICHIGAN, WILL BE MAKING OTHER STOPS AS WELL, ONE OF THE PROBLEMS FOR HIM THOUGH IS THAT THE DEMOCRATS WHO ARE IN CHARGE IN BOTH THE SENATE AND THE HOUSE HAVE LOOKED AT THE PROGRESSIVE WINGS OF THEIR PARTY WHO SAY, "NO WE NEED MUCH MORE," NOT JUST THIS PLAN, BUT ALSO ANOTHER LARGER BILL THAT DEALS WITH THINGS LIKE FUNDING FOR CLIMATE CHANGE AND FREE COMMUNITY COLLEGE AND HEALTH CARE ISSUES AND IN FACT, NANCY PELOSI, THE SPEAKER OF THE HOUSE AND CHUCK SCHUMER THE LEADER IN THE SENATE HAVE SAID THEY'LL ONLY GO ALONG WITH THIS INFRASTRUCTURE PLAN IF IT'S TIED INTO THAT LARGER DEAL.

ON THE OTHER SIDE REPUBLICAN SENATE LEADER MITCH MCCONNELL HAS SAID NO WE'RE NOT GOING TO GO ALONG WITH SOMETHING LIKE THIS.

THERE'S A HOPE TO HAVE SOME SORT OF DEAL FINALIZED IN THE LEGISLATIVE PROCESS IN SEPTEMBER.

BUT IT'S GOING TO BE INTERESTING TO SEE WHETHER ALL OF THESE PIECES CAN COME TOGETHER.

>> HERE'S THE PROBLEM, THAT PROGRESSIVES JAY, IN LINKAGE TO THE RECONCILIATION DEAL ISN'T REALLY THE PROBLEM BETWEEN BERNIE SANDERS AND BIDEN AND THE MODERATES?

>> I MEAN, I'D SAY THERE'S A COUPLE OF PROBLEMS ONE IS AS YOU MENTIONED IS THIS ISSUE OF LINKAGE WITH THE BROADER BIPARTISAN THE BIPARTISAN PACKAGE AND THEN THE BROADER DEMOCRATIC PACKAGE THAT'S ISSUE NUMBER ONE AND WE'VE SEEN THE PRESIDENT SAY THAT HE THOUGHT IT SHOULD BE LINKED AND THEN YEAH WE SAYING IT SHOULD NOT BE LINKED.

SECOND IS THE ISSUE ABOUT HOW YOU PAY FOR IT WHICH IS AN ISSUE WITH THE BIPARTISAN BILL AND 3RD IS REALLY HOW YOU DEFINE RECONCILIATION, SO WHAT SHOULD BE IN THE PACKAGE AND WE DON'T HAVE THE DETAILS OF THE BROADER INFRASTRUCTURE PACKAGE, BUT I THINK WE HAVE A SENSE OF WHAT THAT MIGHT INCLUDE AS MITCH SAID.

>> WELL RECONCILIATION DOES TALK ABOUT HUMAN INFRASTRUCTURE DOESN'T IT ASHER?.

>> WELL PRESIDENT BIDEN HAS AS PART OF HIS BROADER INFRASTRUCTURE PROPOSAL HAS A WHOLE SECTION OF THAT >> WHAT IS HUMAN IS INFRASTRUCTURE?

>> WELL, IT'S THINGS LIKE HAVING CHILD CARE SO THAT YOU CAN GO TO WORK, IT'S THINGS LIKE HAVING COMMUNITY COLLEGE WITHOUT INCURRING DEBT SO THAT YOU CAN GET TRAINED FOR THE JOBS OF OF TODAY AND TOMORROW.

AND SO THIS IS A RANGE OF THINGS THAT ONE, ARE BROADLY SUPPORTED BY PEOPLE OF BOTH PARTIES TWO, WE BADLY UNDER INVESTED IN THEM AND SO I THINK BIDEN'S ABSOLUTELY RIGHT TO FRAME IT THIS WAY.

BUT OF COURSE WHEN IT COMES TO THE LEGISLATIVE PROCESS, THE DEVIL'S IN THE DETAILS ON WHAT WILL PASS MUSTER WITH BOTH PARTIES.

>> WE'VE SEEN THIS MOVIE BEFORE THOUGH HAVEN'T WE WITH THE SHOVEL READY JOBS NELSON?

>> WELL WE HAVE AND IF THE PRESIDENT REALLY WANTS TO PASS THE BILL BEFORE AUGUST, HE'S GOT TO GO UP ON THE HILL CONVINCE DEMOCRAT SENATORS AND NEGOTIATE WITH SPEAKER PELOSI AND I THINK BIDEN ON HIS TRIP MAY BE TRYING TO SHOW DEMOCRATS THAT THIS IS A BIPARTISAN BILL THAT WILL HELP THEM IN SWING STATES IN 2022 AND 2024, BUT HE'S IN A VERY DANGEROUS POSITION.

HE DID MAJOR WHITE HOUSE ROLLOUT ON THIS BILL, BANNER HEADLINES, AND IF HE CAN GET IT TO THE FINISH LINE, BEFORE THE AUGUST BREAK OR MAYBE RIGHT AFTER THAT, HE HAS BURNED A LOT OF POLITICAL CAPITAL.

I THINK ON THE REPUBLICAN SIDE THEY ARE GOING TO BE WINNERS WHETHER IT PASSES OR NOT.

IF YOU BRING IT BACK HOME TO NORTH CAROLINA.

1.2 TRILLION DOLLAR BILL OVER 7 YEARS WOULD MEAN SOMEWHERE IN THE RANGE OF 36 BILLION DOLLARS FOR INFRASTRUCTURE IN NORTH CAROLINA.

>> MITCH CLOSE THIS OUT IN ABOUT 30 SECONDS, ARE THE 10 REPUBLICANS SOLID FOR THIS BILL YOU THINK ON A DEAL >> I THINK THEY WOULD BE SOLID ON THIS DEAL, THEY'RE NOT GOING TO BE SOLID FOR SOMETHING GO BEYOND THIS, ESPECIALLY THE LINKAGE.

I THINK ON THE OTHER SIDE TOO, ONE OF THE THINGS THAT THE BIDEN ADMINISTRATION HAS TO LOOK AT IS HE REALLY NEEDS PEOPLE LIKE JOE MANCHIN AND KYRSTEN SINEMA TO GO ALONG WITH HIM ON ALMOST ANYTHING THAT NEEDS TO GET THROUGH THE SENATE.

THEY WERE PART OF THIS DEAL AND IF HE GOES BACK ON THEM THAT'S GOING TO HURT IN THE LONG TERM.

>> OKAY JAY I WANT TO TALK ABOUT SOMETHING THAT TRANSPIRED IN THE STATE SENATE AND THAT'S MEDICAL MARIJUANA GOT A FAIR HEARING THIS WEEK IN A SENATE HEARING.

>> YEAH THAT'S RIGHT.

EARLIER THIS WEEK, THE STATE SENATE JUDICIARY COMMITTEE CAST A HISTORIC VOTE AND PASSED A BILL TO LEGALIZE MEDICAL MARIJUANA.

THAT BILL RECEIVED UNANIMOUS SUPPORT FROM ALL DEMOCRATS AND MOST REPUBLICANS IN THE COMMITTEE.

THE BILL THAT'S CALLED THE COMPASSIONATE CARE ACT ALLOWS FOR THE USE OF MEDICAL MARIJUANA FOR CHRONIC AND DEBILITATING DISEASES SUCH AS CANCER, ALS, PTSD IT'S A VERY TIGHTLY REGULATED BILL COMPARED TO THE 36 OTHER STATES STATES.

CREDIT REALLY GOES TO THE POWERFUL RULES CHAIR BILL RABON WHO GAVE PERSONAL TESTIMONY ABOUT THE EXPERIENCE OF HAVING CANCER AND GOING THROUGH CHEMOTHERAPY.

IT'S PROBABLY ONE OF THE MOST COMPELLING SPEECHES I'VE SEEN IF YOU WANT TO SEE THE HUMAN FACE OF LEGISLATION THAT WE WORK ON IN THE NORTH CAROLINA STATE SENATE.

THE BILL DOES HAVE OPPOSITION FROM SOME SENATE REPUBLICANS AND CONSERVATIVES.

THE ARGUMENT IS THAT MEDICAL MARIJUANA WILL SERVE AS A GATEWAY OR OPEN THE PANDORA'S BOX TO FULL LEGALIZATION, ALTHOUGH IT'S IMPORTANT TO REALIZE THAT PUBLIC POLICY POLLING SHOWS THAT 75% OF NORTH CAROLINIANS SUPPORT MEDICAL MARIJUANA.

THE BILL STILL HAS TO GO THROUGH 3 COMMITTEES, THERE'S AN OPEN QUESTION OF WHAT DO WE GET A VOTE ON THE SENATE FLOOR OR NOT AND WHETHER IT WILL PASS THE HOUSE.

>> WHAT ARE THE PROSPECTS IN THE HOUSE NELSON?

>> I THINK THE BILL WILL BE A CHALLENGE TO GET PASSED IN THE HOUSE WHO ARE CURRENTLY TRYING TO SENATE BILL 4.48 AND THAT'S AMENDMENTS TO SCHEDULE 6 OF OF A CONTROLLED SUBSTANCE ABUSE ACT WHICH WOULD ALLOW PRESCRIPTION DRUGS WITH THC IN NORTH CAROLINA IF THE FDA APPROVES OF THE MEDICATION THE DEA MAKES THE APPROPRIATE CHANGES TO THE SCHEDULE AND THE NORTH CAROLINA COMMISSION ON MENTAL HEALTH DD AND SUBSTANCE ABUSE DOES NOT OBJECT, SO THAT BILL WAS VOTED OUT OF THE HEALTH COMMITTEE.

BUT WE HAVE NOT BEEN ABLE TO GET SUFFICIENT SUPPORT TO BRING THAT BILL TO THE FLOOR FAR LESS AMBITIOUS BILL THAN SENATOR RABON'S BILL AND OF COURSE THE PURPOSE OF THAT BILL IS TO BRING FEDERALLY APPROVED TREATMENTS, PRESCRIPTION DRUGS TO PEOPLE WHO ARE SUFFERING WITH CONDITIONS LIKE PTSD AND SPINAL CORD INJURIES.

>> MANY STATES DO HAVE THIS THOUGH DON'T THEY ASHER?

>> THAT'S RIGHT.

RIGHT NOW ABOUT 40 STATES AND TERRITORIES HAVE A REGULATED MEDICAL MARIJUANA PROGRAM.

ABOUT 20 STATES AND TERRITORIES, MAY BE 21 NOW WITH VIRGINIA, HAVE A FULLY A LEGAL ADULT RECREATIONAL MARIJUANA PROGRAM, AS FAR AS I'M CONCERNED, LET'S GO AHEAD AND LEGALIZE IT FOR ADULT RECREATIONAL USE TOO I THINK IT'S GOOD FOR THE ECONOMY, ECONOMIC DEVELOPMENT, I THINK IT'S GOOD FOR TAXPAYERS AND I THINK IT HELPS BRING GREATER EQUITY TO THE CRIMINAL JUSTICE SYSTEM.

BY THE WAY IN THAT SAME POLL, SENATE CHAUDHURI MENTIONED ABOUT 54% OF NORTH CAROLINIANS INCLUDING 43% OF REPUBLICANS SUPPORT FULL LEGALIZATION.

IN THE MEANTIME I THINK THIS MEDICAL MARIJUANA BILL IS A GOOD STEP IN THE RIGHT DIRECTION.

>> MITCH PUT THIS IN CONTEXT.

>> YOU MIGHT BE SURPRISED TO LEARN THAT POLITICS SHOCKER COULD PLAY A ROLE IN THIS SENATOR RABON THE POWERFUL RULES CHAIRMAN IS THE MAIN BACKER IN THE SENATE.

I WOULDN'T BE SURPRISED IF THE BILL DOES END UP GETTING THROUGH THE SENATE THAT FOLKS ON THE HOUSE SAY, "OH, THIS IS SOMETHING THAT'S "IMPORTANT TO SENATOR RABON?

"WELL MAYBE WE JUST HOLD TILL HE DOES SOMETHING --" >> [MARC] SO, MAYBE SOME HORSE TRADING YOU THINK?

>> THERE COULD BE.

IF IT'S SOMETHING THAT REALLY IS THAT IMPORTANT TO HIM AND IT GETS THROUGH THE SENATE IT COULD END UP BEING ONE OF THESE BILLS THAT GETS HELD UP TILL THE END OF THE SESSION, WHEN ALL THINGS ARE NEGOTIATED.

>> JAY WRAP THIS UP IN ABOUT 40 SECONDS MY FRIEND.

>> WELL, I THINK AS ASHER MENTIONED, THE ISSUE OF FULL LEGALIZATION SOMETHING THAT'S INTERESTING TO THINK ABOUT GIVEN THE FACT THAT VIRGINIA'S ALREADY -- >> [MARC] YOU SUPPORT FULL LEGALIZATION.

>> I DO AND I INTRODUCED A BILL TO DO THAT AND ONE OF THE ARGUMENTS THAT I'VE MADE WHICH ASHER MENTIONED IS I'D SAY THAT THE VIRGINIA FARMERS HAVE A LEG UP ON NORTH CAROLINA FARMERS.

I THINK THERE'S A REAL ISSUE OF BORDER COUNTIES AND CONSUMERS GOING TO VIRGINIA WHICH IS LOST TAX REVENUE, BUT ALSO THERE'S AN ECONOMIC DEVELOPMENT ARGUMENT TO BE MADE FOR OUR FARMERS IN THE STATE AS WELL.

>> OKAY, I WANT TO TALK ABOUT FACEBOOK THEY HAD A BIG WIN NELSON IN FEDERAL COURT THIS WEEK.

>> YES FACEBOOK WON A RESOUNDING VICTORY IN COURT THIS WEEK WHEN A FEDERAL JUDGE DISMISSED 2 MONOPOLY LAWSUITS, ONE BROUGHT BY 46 STATES ATTORNEYS GENERAL AND THE OTHER BY THE FEDERAL TRADE COMMISSION.

THE STATE A G SUIT WAS REJECTED BECAUSE OF THE TIME THAT THEY TOOK TO ACTUALLY FILE THE SUIT IT WAS INVOLVED WITH THE ACQUISITION OF INSTAGRAM IN 2012 AND THE WHATS-APP IN 2014.

WITH ALL THE REGULATORY APPROVAL AT THE TIME, THE JUDGE SAID THE STATES WAITED TOO LONG, THEY WERE UNREASONABLE AND UNJUSTIFIED AS A MATTER OF LAW.

THE JUDGE DID GRANT THE FTC 30 DAYS TO REFILE THEIR COMPLAINT CRITICIZING THEIR SUIT AS TOO SPECULATORY AND CON.. CONCLUSATO -- ANYWAY, MAKING TOO MANY CONCLUSIONS TO GO FORWARD BASED ON SPECULATIVE MATTERS THINGS WHERE AGENCIES EXPECT THE COURT TO SIMPLY GIVE A NOD TO THE CONVENTIONAL WISDOM THAT FACEBOOK IS IN FACT A MONOPOLY.

SO YOU KNOW IT'S REFRESHING TO SEE THAT UNLIKE THE MEDIA AND THE COURT OF PUBLIC OPINION IN THE REAL COURT YOU ACTUALLY NEED FACTS AND EVIDENCE.

>> OKAY DOES THIS SET BACK THE FOLKS IN THE THE REALLY WANT TO REIN IN MITCH BIG TECH BIG SETBACK YOU THINK?

>> IT CERTAINLY DOES, BUT I THINK IT ALSO POINTS TO SOMETHING THAT IS GOING TO BE AN ISSUE ANY TIME FACEBOOK OR GOOGLE OR ANY OF THESE BIG TECH COMPANIES COME BEFORE THE COURTS, IS THAT A LOT OF THE LAWS DON'T REALLY DEAL WITH THE NATURE OF SOCIAL MEDIA AND THE WAY THAT TECHNOLOGY COMPANIES OPERATE.

THESE LAWS WERE BUILT FOR RAILROADS AND BANKS AND BUSINESSES THAT WE DEALT WITH FOR YEARS AND YEARS AND SO THEY DON'T REALLY HAVE THE SAME TYPES OF IMPACT WHEN YOU'RE TALKING ABOUT BUSINESSES THAT RELY ON TECHNOLOGY AND SOCIAL MEDIA, AND SO I THINK THAT IS GOING TO BE SOMETHING THAT REALLY HAS TO BE ADDRESSED AS THE LEGAL ISSUES MOVE FORWARD.

>> DOES THIS HAVE TO BE ADDRESSED IN CONGRESS ASHER, AND IS THERE A WILL TO DO THAT?

IT DOES SEEM THAT THIS IS ONE ISSUE WHERE PROGRESSIVES, MODERATES, CONSERVATIVES COME TOGETHER A LOT.

>> I THINK THAT'S RIGHT MARC.

I THINK WHEN YOU'VE GOT SENATOR ELIZABETH WARREN AND SENATOR JOSH HAWLEY OF MISSOURI BOTH PRIORITIZING REINING IN BIG TECH'S CONCENTRATED POWER, THEN IF I WERE A FACEBOOK LAWYER I'D BE PRETTY HAPPY THIS WEEK BUT I WOULDN'T TAKE TOO LONG OF A VACATION BECAUSE I THINK THIS IS KIND OF COME BACK.

CONGRESS HAS STEPPED UP ITS GAME CONSIDERABLY SINCE A FEW YEARS AGO WHEN THEY HAD THIS BUMBLING PERFORMANCE WITH TECH CEO'S AT THEIR HEARINGS.

LAST YEAR THE JUDICIARY COMMITTEE IN THE HOUSE RELEASED A SHOW HEARING WASN'T IT?

>> AT THE TIME, BUT LAST YEAR THE JUDICIARY COMMITTEE AND THE HOUSE DID A SWEEPING BIPARTISAN INVESTIGATION, THAT RESULTED IN 5 BILLS THAT WERE INTRODUCED LAST MONTH BY HOUSE DEMOCRATS, AND AGAIN IN THE SENATE IN ADDITION TO HAVING SOME BIPARTISAN SUPPORT THEY JUST CONFIRMED AS AN FTC MEMBER, ONE OF THE LEADING ANTITRUST ADVOCATES IN THE COUNTRY.

AND SO I THINK AGAIN I WOULD REST TOO EASY IF I WERE BIG TECH.

>> YOU THINK GOOGLE OR FACEBOOK SHOULD BE BROKEN UP?

>> I PERSONALLY THINK THAT I THINK THERE'S A SPLIT WITHIN AMONG THOSE WHO WANT TO REGULATE BIG TECH ABOUT WHETHER YOU SHOULD SPLIT THEM UP AND WHETHER YOU SHOULD JUST REGULATE THEM WHICH SEEMS TO BE WHAT THE EU IS GOING TO DO.

SO I THINK WE'LL PROBABLY END UP MORE ON THE REGULATORY SIDE.

BUT I PERSONALLY THINK THAT IN SOME CASES FOR EXAMPLE, YOU KNOW, AMAZON SELLING PRODUCTS THAT IT MANUFACTURES ON ITS OWN SITE COMPETING WITH THE OTHER PRODUCT, THAT'S A PRETTY CLEAR CASE WHERE IT'S A MONOPOLY AND SHOULD BE BROKEN UP.

>> JAY?

>> WELL, I AGREE WITH ASHER I MEAN I THINK THAT THE JUDGE'S RULING MAY BE A SHORT-TERM VICTORY FOR FACEBOOK BUT THERE ARE LONG-TERM CHALLENGES FOR BIG TECH.

NUMBER ONE IS I THINK THAT THE THE RULING ILLUSTRATES THAT CONGRESS NEEDS TO DO MORE WORK WE NEED TO MODERNIZE OUR LAWS IN THE JUDICIARY COMMITTEE >> IS AT 2.30 WHAT WE'RE TALKING ABOUT ASHER?

>> SECTION 2.30?

>> YES, SIR.

>> THAT'S CERTAINLY ONE OF THE TOP AREAS OF THE DEBATE WITHIN THE CONGRESS, WHETHER THEY CAN FIND AGREEMENT ON IT, I'M NOT SURE.

>> WRAP THIS UP MY FRIEND ABOUT 40 SECONDS.

>> THIS VICTORY DID ALLOW FACEBOOK TO HAVE A HUGE JUMP IN THEIR MARKET CAP TO OVER 1 TRILLION DOLLARS, THAT'S THEIR VALUE AS A COMPANY, SO THEY JOINED 4 OTHER HIGH-TECH COMPANIES IN THE TRILLION DOLLAR CLUB IN U.S.

BUSINESSES AND THAT A FAR CRY FROM THE ERA WHEN IT WAS THE IBM'S, GENERAL MOTORS, DOWS THAT WERE THE LARGEST CORPORATIONS IN THE UNITED STATES.

>> OKAY, I WANT TO TALK TO YOU ASHER.

IT WAS VERY INTERESTING TO ME THAT THE DOJ WEIGHED IN ON GEORGIA'S VOTING LAWS.

>> THAT'S RIGHT LAST FRIDAY, THE DEPARTMENT OF JUSTICE ANNOUNCED IT WAS SUING THE STATE OF GEORGIA OVER THE SWEEPING VOTING RESTRICTIONS THAT ITS LEGISLATURE ENACTED IN MARCH ON THE GROUNDS THAT THEY VIOLATE SECTION 2 OF THE VOTING RIGHTS ACT BY MAKING IT HARDER FOR PEOPLE OF COLOR TO VOTE.

THIS IS THE FIRST AND ALMOST CERTAINLY NOT THE LAST ACTION BY THE DEPARTMENT OF JUSTICE TO COUNTER THIS WAVE OF VOTING RESTRICTIONS WE'VE SEEN AROUND THE COUNTRY.

BY THE LATEST COUNT UP TO 28 LAWS IN 17 STATES WITH MORE ON THE WAY INCLUDING QUITE POSSIBLY HERE IN NORTH CAROLINA, BEFORE 20 -- >> [MARC] MOSTLY RED STATES?

>> YEAH, MOST ALL ENTIRELY RED STATES ALTHOUGH IN SOME CASES, THE LAWS YOU KNOW DO SOME GOOD THINGS SOME BAD THINGS FROM FROM BOTH PERSPECTIVES THEY'VE HAD SOME BIPARTISAN SUPPORT.

BEFORE 2013, THOUGH THESE LAWS, INCLUDING GEORGIA'S AND NORTH CAROLINA'S WOULD HAVE HAD TO BE BEEN APPROVED BY THE DEPARTMENT OF JUSTICE BEFORE THEY TOOK EFFECT.

THE SUPREME COURT THREW THAT OUT IN THE SHELBY COUNTY VERSUS HOLDER CASE.

A DECISION THAT JUSTICE RUTH BADER GINSBURG LIKENED TO THROWING AWAY YOUR UMBRELLA BECAUSE IT'S NOT RAINING.

WELL TO EXTEND THE LATE JUSTICE'S METAPHOR, VOTERS ARE NOW GETTING SOAKED, AND THE DEPARTMENT OF JUSTICE HAS VERY LITTLE IT CAN DO EXCEPT FOR SUE AFTER THE FACT.

ONE LAST THING THEIR JOB JUST GOT MADE QUITE HARDER BY THE SUPREME COURT RULING YESTERDAY THAT BLEW ANOTHER GAPING HOLE IN THE VOTING RIGHTS ACT EFFECTIVELY RAISING THE BAR FOR VOTERS TO PROVE THAT THEY WERE DISCRIMINATED AGAINST IN COURT.

GEORGIA'S LAW MIGHT STILL MEET THAT HIGHER BAR BECAUSE OF THE RECORD WHILE WHOLE LOT OF THESE OTHER LAWS AROUND THE COUNTRY PROBABLY WON'T.

>> YOUR TAKE ON THIS LAWSUIT NELSON.

>> WELL IT'S A POORLY REASONED COMPLAINT THAT THE A G RUSHED TO FILE BEFORE THE UNITED STATES SUPREME COURT ISSUED THEIR 6, 3, LANDMARK RULING IN THE ARIZONA VOTING RIGHTS CASE THIS WEEK, SO IN THAT CASE, ARIZONA INVOLVED 2 ISSUES, ONE WAS A PROHIBITION AGAINST OUT OF PRECINCT VOTING AND THE OTHER AS BALLOT HARVESTING FOR WHICH PEOPLE HAVE BEEN PROSECUTED IN NORTH CAROLINA FOR.

JUSTICE ALITO WROTE THAT SECTION 2 OF THE VOTING RIGHTS ACT IS NOT VIOLATED IF VOTING IS EQUALLY OPEN CONSIDERING ALL OF THE CIRCUMSTANCES AND THE MERE INCONVENIENCE IS NOT ENOUGH TO DEMONSTRATE A VIOLATION.

YOU KNOW NEW HAMPSHIRE CONSISTENTLY HAS THE HIGHEST PRESIDENTIAL VOTER TURNOUT WITH VERY FEW EXCEPTIONS, MOST EVERYONE THEIR VOTES ON ELECTION DAY.

BOTTOM LINE THERE'S NOTHING NOVEL IN THE GEORGIA LAW IF THERE'S SIMPLY NO CASE HERE.

>> WE EXPECT TO SEE A LOT MORE OF THESE LAWSUITS FROM DOJ YOU THINK MITCH?

>> I EXPECT WE'LL SEE MORE LAWSUITS FROM THE DEPARTMENT OF JUSTICE AND ALSO MORE LAWSUITS FROM OTHER PLAINTIFFS.

THE RULING WAS GOOD IN THE SENSE THAT IT SORT OF SAID, YOU CAN'T USE SECTION 2 OF THE VOTING RIGHTS ACT JUST TO SAY THAT ANYTHING THE DEMOCRATS DON'T LIKE IS AGAINST THE LAW AND UNCONSTITUTIONAL.

WHAT IT DIDN'T DO THOUGH WAS SET OUT A BRIGHT LINE TEST THAT SAYS, 'THIS IS OK, AND THIS IS NOT.'

JUDGE ALITO ACTUALLY SET OUT ABOUT 5 DIFFERENT THINGS THAT COURTS NEED TO KEEP IN MIND WHEN THEY'RE LOOKING AT THE SECTION 2 CASES, BUT THEY STILL LEAVE SOME WIGGLE ROOM SO YOU KNOW THAT SHARP ATTORNEYS ON ALL SIDES OF THE ARGUMENT ARE GOING TO BE GETTING READY FOR MORE BUSINESS.

>> JAY IT'S GOOD TO BE A LAWYER.

>> IT IS AND MAYBE IT'S GOOD TO BE AN ELECTED OFFICIAL BUT YOU KNOW, I WOULD SAY THIS FOR STUDENTS OF GOVERNMENT, THIS ILLUSTRATES ATTENTION OF FEDERALISM AND WE'VE GOT A SLEW OF STATES THAT HAVE PASSED VOTER SUPPRESSION LAWS.

BUT I THINK THAT THE DEMOCRATS STRATEGY IS ONE IS LITIGATION WHICH WAS THE BIDEN ADMINISTRATION'S LAWSUIT, WHICH I THINK ASHER IS CORRECT, THE SUPREME COURT DECISION ON THE ARIZONA LAW MAKES IT A HARDER LAWSUIT TO BE SUCCESSFUL IN AND THEN SECONDLY, I THINK WE'VE GOT TO REVISIT WHAT CONGRESS IS GOING TO DO, THE FOR THE PEOPLE ACT CLEARLY IS NOT GOING TO WORK AT JOE MANCHIN AS WE'VE TALKED ABOUT IN THIS SHOW BEFORE HAS A COMPROMISED BILL AND THE QUESTION IS DOES THAT BILL HAVE ENOUGH LEGS NOW TO ADDRESS SOME OF THE ISSUES THAT WE SEE IN A LOT OF THESE OTHER STATES?

>> I WANT TO MOVE ON TO THE MOST UNDERREPORTED STORY OF THE WEEK MITCH.

>> WELL IT'S SUMMER TIME NOW BUT THERE IS AN ONGOING DEBATE ABOUT MASKS IN SCHOOLS AND THERE WAS A NEW ADDITION TO THIS DEBATE.

THE ABC SCIENCE COLLABORATIVE WHICH COMBINES UNC AND DUKE CAME UP WITH A COUPLE OF NEW REPORTS THAT SUGGEST THAT CONTINUED MASKING IN SCHOOLS WOULD BE A GOOD IDEA, ESPECIALLY SINCE SOME OF THE STUDENTS ARE STILL NOT GOING TO BE VACCINATED WHEN SCHOOL RETURNS FOR THE FALL.

MEANWHILE, LAWMAKERS ARE STILL HAGGLING OVER THE FINAL DETAILS OF SOMETHING CALLED THE FREE THE SMILES ACT WHICH WOULD ALLOW THE MASKING ISSUE TO BE DECIDED ON A LOCAL LEVEL.

THE DISTRICTS COULD MAKE THIS OPTIONAL RATHER THAN HAVE BE THE ONE-SIZE-FITS-ALL MANDATE ACROSS THE STATE, SO A VERY IMPORTANT ONGOING DISCUSSION.

>> JAY?

>> MOST UNDERREPORTED STORY OF THE WEEK IS THAT 3RD WAY THINK TANK ORGANIZATION CAME OUT WITH A POLLING THIS WEEK THAT SHOWED THE DEMOCRATS ACTUALLY SUFFER AN ECONOMIC TRUST GAP COMPARED TO REPUBLICAN BY 12 POINTS, THAT ACTUALLY EXTENDS THE BLACK AND LATINO VOTERS, VOTERS TRUST REPUBLICANS OVER DEMOCRATS ON THE ECONOMY.

MAJORITY OF THESE VOTERS STILL TRUST JOE BIDEN BUT IT STILL REVEALS THAT THERE IS A GAP BETWEEN PRESIDENT BIDEN IN THE DEMOCRATIC PARTY AND SO DEMOCRATS HAVE A LOT OF WORK TO DO TO GET READY FOR THE 2022 ELECTION.

>> THE PRESIDENT DID GOOD ECONOMIC NEWS THIS WEEK THOUGH.

>> YEAH, 850,000 JOBS CREATED I THINK IT SHOWS WE'RE MOVING THE ECONOMY IN THE RIGHT DIRECTION.

>> ASHER UNDERREPORTED MY FRIEND.

>> LOT OF HEAVY NEWS THIS WEEK SO I'M GOING WITH SOMETHING A LITTLE LIGHTER.

THE NATION OF SLOVAKIA ON MONDAY WITNESSED THE WORLD'S FIRST SUCCESSFUL FLIGHT OF A FLYING CAR BETWEEN 2 INTERNATIONAL AIRPORTS, THE NOT PARTICULARLY CREATIVELY NAMED AIR CAR RUNS ON A BMW ENGINE AND CAN REACH A CRUISING ALTITUDE OF 8200 FEET ABOUT 120 MILES AN HOUR, IT'S DEVELOPERS ARE WORKING ON A NEW VERSION THAT WILL ALSO BE AMPHIBIOUS.

NOW SOMEONE WHO GREW UP IN THE ERA OF BACK TO THE FUTURE AND BLADE RUNNER, MY REACTION TO THIS NEWS WAS IT'S ABOUT TIME.

I WAS CONVINCED THAT BY 2020, WE WOULD HAVE A FLYING CAR, BUT IT'S ALSO A LITTLE BITTERSWEET BECAUSE I WAS ALSO CONVINCED THAT BY 2020, WE WOULD HAVE SELF CLIMATE CHANGE, GLOBAL HUNGER, THE ISRAELI-PALESTINIAN CONFLICT, BUT I GUESS AT LEAST WE HAVE A FLYING CAR.

>> NELSON UNDERREPORTED -- BY THE WAY YOU GONNA INVEST IN THAT COMPANY?

>> I'LL BUY ONE IF THEY BRING THE PRICE DOWN.

>> OK!

[LAUGHTER] >> THE STRENGTH OF THE UNITED STATES.

WE HAVE THE STRONGEST ECONOMY IN THE WORLD WE'RE THE LEAST DEPENDENT ON EXPORTS THE DOLLAR IS THE WORLD'S RESERVE CURRENCY.

WE ARE ENERGY INDEPENDENT, WE ARE SECURE IN TERMS OF OUR FOOD SUPPLY AS THE LARGEST MOST PRODUCTIVE AGRICULTURAL LAND IN THE WORLD, OUR BORDERS ARE MILITARILY SAFE.

TWO AIRCRAFT STRIKE GROUPS HAVE MORE FIRE POWER THAN ALL OF THE WORLD'S NAVIES COMBINED AND WE HAVE 10 OF THOSE GROUPS.

WE'RE THE MOST POWERFUL AND PROSPEROUS COUNTRY IN HISTORY.

WE CERTAINLY HAVE CHALLENGES MOSTLY INTERNAL, BUT NO EXTERNAL THREATS AS A NATION.

AND ALMOST UNLIKE ANY OTHER COUNTRY, ANYONE IN THE WORLD CAN COME TO THE UNITED STATES AND BECOME AN AMERICAN SO HAPPY 4TH OF JULY.

>> OKAY, LET'S GO TO LIGHTNING ROUND WHO'S UP AND WHO'S DOWN THIS WEEK MITCH?

>> FIRST THEY SHOULD CALL THAT AIRCAR THE JETSON, BECAUSE THAT'S WHEN WE FIRST HEARD ABOUT FLYING CARS.

>> THAT'S WHERE I WAS.

>> MY WHO'S UP THIS WEEK IS A 91 YEAR-OLD AS OF THIS WEEK GASTONIA NATIVE THOMAS SOWELL WELL-KNOWN ECONOMIST COMMENTATOR, AUTHOR, CELEBRATED HIS BIRTHDAY, AND HE WAS RECOGNIZED ON THE FLOORS OF BOTH THE HOUSE AND THE SENATE FROM GAS TONIA REPRESENTING.

REPRESENTATIVE AND SENATORS TO THOMAS SOWELL UP THIS WEEK.

WHO'S DOWN?

THE NCAA.

NOT ONLY IS THE NCAA DEALING WITH THIS WHOLE NAME IMAGE AND LIKENESS THING WHICH IS GOING TO BLOW UP MUCH OF ITS MODEL, BUT IT ALSO IS FACING THE PROSPECT OF COMPLAINTS FROM NORTH CAROLINA LAWMAKERS ABOUT NC STATE AND WHAT HAPPENED AT THE COLLEGE WORLD SERIES.

THEY WANT AN APOLOGY FROM THE NC DOUBLE A >> TALK TO US ABOUT NC STATE JUST A LITTLE BIT.

>> YEAH, THIS WAS A SITUATION WHERE NC STATE WAS SORT OF A SURPRISE TO GET INTO THE COLLEGE BASEBALL WORLD SERIES BECAUSE THEY HAD SUCH A TOUGH START TO THE SEASON.

THEY GOT ALL THE WAY THROUGH THE WINNERS BRACKET, WE'RE ONE WIN AWAY FROM PLAYING IN THE FINALS, THEN THEY HAD TO GO HOME BECAUSE OF COVID.

>> JAY WHO'S UP AND WHO'S DOWN THIS WEEK?

>> WELL NORTH RALEIGH'S UP THANKS TO THE NATIONAL ATTENTION GARNERED FROM THE ESCAPE AND THEN CAPTURE OF THE VENOMOUS ZEBRA COBRA.

THE HIGHLY DANGEROUS SNAKE WITH A 9 FEET VENOMOUS SPIT BELONGED TO A YOUNG MAN WITH A LARGE TIKTOK FOLLOWING.

RALEIGH POLICE HAVE YET TO RELEASE DETAILS ON THE SNAKE'S NEW WHEREABOUTS ONLY SAYING IT'S BEEN SAFELY CONTAINED.

>> [MARC] HE'S IN WITNESS PROTECTION!

[LAUGHTER] >> CLEARLY IN WITNESS PROTECTION SO WHO'S DOWN, THE TRUMP ORGANIZATION, THE REAL ESTATE BUSINESS THAT MADE DONALD TRUMP FAMOUS WAS CHARGED YESTERDAY WITH RUNNING A 15 YEAR SCHEME TO HELP ITS EXECUTIVES EVADE TAXES BY COMPENSATING THEM WITH FRIENDS BENEFITS THAT WERE HIDDEN FROM THE AUTHORITIES SPECIFICALLY THE -- >> [MARC] PERKS, RIGHT?

>> PERKS, THAT'S RIGHT, SPECIFICALLY THE CHARGES ACCUSED THE CHIEF FINANCIAL OFFICER WHO COULD BECOME A KEY WITNESS GIVEN THE CHARGES TO LAY THE GROUNDWORK FOR A WIDER ORGANIZATION INVESTIGATION THAT COULD FOCUS ON THE PRESIDENT HIMSELF.

>> WE'LL CONTINUE TO WATCH THAT.

WHO'S UP AND WHO'S DOWN THIS WEEK?

>> TEMPERATURES STILL IN THE WESTERN UNITED STATES AND NOW IN CANADA IN A HEAT WAVE THAT SCIENTISTS ARE CALLING HISTORIC DANGEROUS PROLONGED AN UNPRECEDENTED.

IN BRITISH COLUMBIA THE TEMPERATURE THAT SET CANADA'S ALL-TIME HEAT RECORD ON TUESDAY WAS ENGULFED IN FLAMES BY WEDNESDAY.

SO AS WE ALL ENJOY OUR INDEPENDENCE DAY COOKOUTS AND FIREWORKS THIS WEEKEND, LET'S KEEP OUR FRIENDS IN THE WEST IN OUR THOUGHTS, DOWN, TRANSPARENCY IN ELECTIONS BECAUSE OF THE OTHER SUPREME COURT RULING YESTERDAY, WHICH BASICALLY HELD THAT PUBLIC CHARITIES, INCLUDING DARK MONEY POLITICAL GROUPS.

DO NOT HAVE TO DISCLOSE THEIR DONORS.

>> NELSON WHO'S UP AND WHO'S DOWN THIS WEEK?

>> IN A NEW HARVARD HARRIS POLL, 80% OF VOTERS NOW SAY ILLEGAL IMMIGRATION IS A SERIOUS ISSUE WITH 74% SAYING THERE IS A CRISIS AT THE BORDER THAT MUST BE ADDRESSED.

>> THAT'S DONE BY MARK PENN WHO WAS CLINTON'S FORMER POLLSTER I BELIEVE.

>> THAT IS AND HE SAID IN THAT REGARD THAT IMMIGRATION IS BOILING UP AS AN ISSUE.

WHOSE DOWN IS HONG KONG WHILE WESTERN POWERS SIGNED COMMUNIQUES A COUPLE WEEKS AGO CALLING ON CHINA TO END REPRESSION, THE GOVERNMENT CONTINUES TO ARREST EDITORS AND REPORTERS CLOSING THE LAST PRO-DEMOCRACY NEWSPAPER THIS WEEK.

A GREAT LIGHT IS GOING OUT IN ASIA.

>> HEADLINE NEXT WEEK, MITCH.

>> AS THE NATION CELEBRATES JULY 4TH THERE'S STILL DEBATE OVER WHETHER 1776 IS REALLY THE COUNTRY'S BIRTHDAY.

>> YOU THINK THERE'S REALLY DEBATE AND AMERICAN PEOPLE ARE FOLLOWING THAT?

>> I DON'T THINK THERE'S A WHOLE LOT OF DEBATE BUT THE PEOPLE WHO ARE VERY VOCAL ABOUT 1619 ARE VERY VOCAL ABOUT IT.

>> OKAY HEADLINE NEXT WEEK?

>> BIDEN ADMINISTRATION NARROWLY MISSES A GOAL OF GETTING ONE DOSE OF COVID-19 VACCINE TO 70% OF AMERICANS BY JULY 4TH, SHOULD MEET GOAL IN AUGUST.

>> WILL THAT GIVE US HERD IMMUNITY, YOU THINK?

>> YOU KNOW THAT'S THE NATIONAL AVERAGE, BUT WE CLEARLY HAVE A LOT OF WORK TO DO A LOT OF STATES INCLUDING THOSE IN THE SOUTH.

>> HEADLINE NEXT WEEK.

>> STRIKING A SIMILAR NOTE, AMERICANS CELEBRATE JULY 4TH WITHOUT REALIZING THE IRONY GIVEN THE SUPREME COURT JUST STRUCK ANOTHER MAJOR BLOW TO AMERICAN DEMOCRACY.

>> HEADLINE NEXT WEEK?

[LAUGHTER] YOU'RE GETTING YOUR MESSAGE IN TODAY.

>> PLENTY OF PEOPLE DISAGREE WITH THAT.

>> NELSON WHAT'S THE HEADLINE NEXT WEEK?

>> THE NEW SPACE RACE IS NOT BETWEEN CHINA AND THE UNITED STATES, IT'S BRANSON VERSUS BESOS.

BRANSON GOES UP IN OUTER SPACE JULY THE 11TH, AND BESOS TO SOON FOLLOW.

>> OKAY GREAT JOB GENTS.

THAT'S IT FOR US.

HAVE A GREAT 4TH.

HOPE TO SEE YOU NEXT WEEK ON FRONT ROW.

HAVE A GREAT WEEKEND.

♪ >> MAJOR FUNDING FOR FRONT ROW IS PROVIDED BY: ADDITIONAL FUNDING PROVIDED BY: FUNDING FOR THE LIGHTNING ROUND PROVIDED BY: A COMPLETE LIST OF FUNDERS CAN BE FOUND AT: ♪