mark: i'm mark halperin. john: i'm john hellmann. "with all due respect" to enron, we don't need any juice to -- you should have heard jeb bush in puerto rico. on the show tonight, the supreme court. curfew goes back into effect in baltimore. conditions remain so fraught that tomorrow's baseball game will be played at camden yards with no fans present your at a white house press conference, president obama was asked to

weigh in on not only baltimore but other recently racially-tense regions. president obama: when individuals get crowbars to loot, they are not protesting. they are not making a statement. they are stealing. it will be important for organizations like the fraternal order of police and other police unions and organizations to acknowledge that this is not good for the police. i can't federalize the entire police force in the country and for some to retrain. what i can do a start working with them collaboratively so that they can begin this process of change themselves. mark: is today's response from the president enough?

john: i think the answer is no. i don't know that barack obama in any way cannot solve this problem. it is deeply enshrined in america, in big cities, small cities, any place where there are wide police forces and communities of color. but it's such a huge problem. i don't think president obama has done enough to lead on it. mark: i don't think he has today, he was not particularly passionate although he did give a very long answer, a six-point answer. he is obviously thinking about it and he has a new attorney it -- attorney general he can deploy. this is a case where washington cannot solve the problem.

mayors and governors for -- first and foremost have to get on it. you have a prominent african-american mayor and she has done a horrible job in dealing with this. not just in recent events but when her city was dealing on legislation to get body cameras on cops. she did not do enough to get it passed in a timely fashion. i think the president can do more. but it is more important than governors and mayors do more. john: the primary response body for loss for national enforcement is at the state level. the federal justice system, the disparities for sentences with crack or cane and regular cocaine and the disparities that that leaves two and a variety of other things that feed in this problem, mass incarceration that creates the racial tensions that play out, this is something that the federal government can take the lead. mark: i don't think this is something that bill clinton can go 15 minutes down to baltimore.

the audio has been released and we will have some of that later leading up to today. the conventional wisdom was mark now that you have reviewed or we have reviewed what went down in the court today, do you think it is still the case that it is the foregone conclusion. mark: it is either going to be 5-4 or 6-3. if you still look at the history of what justice kennedy has done on these issues, i still think they will have five votes. and i think there is the possibility to get justice roberts. john: people wildly miss understand. they ask questions that he thinks this should remain in the

political realm and at the same time he raises the question over whether this is a straightforward matter of sexual discrimination. he is asking questions to persuade people, including colleagues on the core. they are not just expressions. they are opinions. you can see some things from what they are asking. these guys in the middle much harder to know. mark: the fact of the justices who will vote against further expansion of rights for gay lesbians to get married, the fact that all of them are conservative and locked in is representative of the divide in america. too much in the media coverage today and of the arguments today is rooting for the court to

overturn this. there are millions of americans on that side, too. i think the simplest thing to look at is justice kennedy's history on these issues. he is not afraid to say that public opinion and civil rights and taking things out of the realm of politics is perfectly fine. i think it is 5-4. i think it could be 6-3, in favor of expansion. john: i agree with you. justice kennedy would have a hard time intellectually squaring his past decisions if he were to deviate now. mark: jeb bush corralled in florida some of his biggest donors. the program included so well received and well-reviewed remarks from his mexican-born wife. today, he left the continental u.s. to puerto rico. he was flaunting his hispanic cred. if you never heard him speak spanish, here's a good start. jeb bush: i got to come down here and campaign. i met the entire -- [speaking spanish]

[applause] i became a -- for three months i may have changed, may have become a resident of puerto rico. trust me, i know the power of the immigrant experience because i live it each and every day. i know the immigrant experience because i married a beautiful girl from mexico. my children are bicultural and bilingual. [applause] mark: he also spoke english and spanish. he is often cast as having a problem because of his position on immigration. if you take his speaking of spanish, his wife's potential as a surrogate, my question to you is could jeb bush make his appeal to latino voters a net plus in the nomination fight? john: i think he can. i will bet you are, too. for republicans that want to win the white house, they look at the electoral map and they say if we do not solve our problems

with hispanics, we cannot win a majority and the white house. jeb bush, marco rubio, some others -- mostly those two are the best chances they have of breaking that. it is very important for them to get over up to 40% hispanics. jeb bush has a good chance of doing that. maybe the best chance among republicans. the electability argument helps him. mark: i think he will have a powerful electability argument to make. i disagree. i think the immigration thing is so overwhelmingly negative that while he can cut into it by showing he has appeal, i don't think he can do it. speaking spanish, talking about immigration, showing he has appeal in puerto rico -- i don't think that will be enough for the nomination as much as rationally it should be. john: you and i are on the opposite sides. i think if this is a long nomination fight, if this goes

on, it is not determined by iowa, new hampshire and south carolina and we get to big states in places like california where there are a lot of hispanic voters, i think it will help him not just in terms of electability, but also in terms of raw vote count. mark: they will not vote much in the republican primary. his best chances to appeal to suburban voters. coming up, our man in baltimore, dave weigel, updates us on the situation there. all this sound and fury on tape from inside the supreme court's arguments today, right after this. ♪

mark: we are joined from baltimore by our colleague dave weigel. he has been taking pictures and talking to folks all day. thank you for joining us. first question for you is tell us what have you seen since you have been on the ground in baltimore that strikes you? dave: i saw a majority of people

in baltimore wanting to be peaceful, talking amongst themselves and really distraught by the looting. i saw a minority of people looting. i saw it was fairly brazen a couple of times last evening. people taking the opportunity to run to cvs. a few cars set on fire. if you refer to this as a city on fire, you are talking about a couple of discrete blocks, not the entire city. the follow-up today -- a lot of regret and attempts to move forward. john: from the people you have spoken to, where do people place the blame? who are they holding responsible? what is the source of the injustice in their minds? dave: for the situation they're in, they blame the police entirely. they say the police system here has been paying out enormous settlements because of abuses, has been getting away with murder. the rioting -- they share some

of the blame with the mayor, a little bit with the governor. i saw a lot of people that used to support the mayor of the city saying she waited too long to set up safeguards to prevent rioting. she should have scrambled faster after saturday's riots. the curfew that's was the start tonight was supposed to start a day earlier. the city was out of fire trucks by 3 a.m. last night. john: you mentioned the curfew. i'm curious about the mood. do you think the curfew will hold? will people be defiant about it? dave: there is optimism. i spent some time at the cvs that was burned yesterday, the one we all saw. people were volunteering cleaning it up. i talked to people that were joining the cleanup effort. singing "amazing grace," james brown songs.

a small brawl broke out. it started with about two people. the majority of the city really wants to move on. other cities have gone through this unrest. this has been democratic by the 1960's and been governed by black mayors. there is more of a sense of ownership that you see in other places. a huge a sentiment of the city that wants to move on. religious leaders are organizing rallies to make that happen. mark: you have a democratic african-american mayor stephanie rawlings-blake who said something a couple of days ago that caused a lot of controversy. a republican governor. often in these situations, you can have tension between a mayor and a government.

how is the working relationship between those two people? dave: it has been bitter in public. they are both not politicians who people expect to hold those jobs just a year ago. the governor was elected in an upset with low democratic turnout. the mayor took over after a scandal. there is not a lot of faith in the public by either of these people and the being tested in a way that they had not been expected to. there was skepticism last night that the national guard being sent here because people did not see it. mark: would you say the governor is rising to the occasion? dave: that is really depending on the curfew tonight. based on last night, the sentiment was that everybody should have moved sooner.

he did not get a lot of credit for getting the national guard ready in such short notice or scrambling beforehand. i think he gets credit and maybe some of the bitterness gets away from the mayor if tonight is quiet. we will see if the curfew works. mark: dave weigel, stay safe in baltimore. thanks. after the break, what chief justice john roberts and his cohorts in the court said about same-sex marriage in the supreme court today. we have it all on tape, right after this. ♪

john: landmark cases at the supreme court are like vin scully calling a double-header -- you know you're in for a long haul, but you savor every word of it. we will play some of the best bites from inside the supreme court oral arguments on gay marriage today. let's start with what was said by justice anthony kennedy who many consider to be the crucial swing vote in this particular case and this issue. justice kennedy: when you think about these cases, you think about words or cases.

the word that keeps coming back to me is millennia, plus time. first of all, there has not been really time for the federal system to engage in this debate. the separate states. on a larger scale, it has been -- it was about the same time between brown and loving lawrence and this case. john: greg, justice kennedy is somebody who people on the

pro-gay marriage side have counted on as a safe vote. there he was expressing skepticism about changing the definition of marriage. do you think justice kennedy is still a safe vote for gay marriage? him greg: i think he is highly likely vote for same-sex marriage based on what he has done in the past. he has written in the three big gay rights decisions in the last 20 years. he was on the court over the last several months. it would be a real shift for him to go back and say, no, i changed my mind. mark: let's move on to socrates, also known as the chief justice john roberts. he had some questions which is often the case for both sides.

mark: we heard the chief justice questioning both sides somewhat skeptically. if you look at his history, his temperament and his desire for the court to be less politicized. what is it to say that he votes for more liberal laws? greg: unlike justice kennedy chief justice roberts devoted the vast majority of his

question towards being skeptical of same-sex marriage. i don't think he is a likely vote. that said, he does care about the institution very deeply. if he is in the majority, it gives them a chance to write the opinion, perhaps keep it narrow. you heard in the last question about gender discrimination which was a very interesting point. he is not totally out of play for the same-sex marriage advocates. he is going to be a much tougher get for them. he would be a bonus about that would give them a six load in favor of gay marriage. -- a sixth vote in favor of gay marriage. mark: those of the only two guys that are up in the air, but there are opportunities for other judges to talk. we want to hear some sound from the two that will vote in favor of liberalized same-sex marriage. first, justice ginsburg and then justice sotomayor.

mark: you hear a lot of these arguments. some of them are about technical matters. this is obviously deeply personal and emotional. were the justices more emotional today in their talks or was it a normal set of arguments? greg: in all honesty, they were less emotional than i have expected. it was an argument that you would have thought would've been very high energy. there were some emotional moments. you sort of heard a monotonous tone and some of those questions. there was not the fire, maybe because from their standpoint, they see which way this is going. the past decisions strongly suggest this will be a 5-4 decision or 6-3 favoring same-sex marriage, but it did not have the passion that i have seen like in health care. john: let's listen to someone representative of the other side. justice alito. he took aim at the pro-gay

marriage argument most diversely today. john: justice alito, justice scalia, justice thomas -- we know how they will vote. do you have a sense of they are resigned to the notion they are about to lose? greg: there was that sense, i would say so. one other point as i reheard those comments, one thing you did not hear was moral disapproval.

justice alito was talking that it was going on since ancient greece. that was a different tone to the argument. john: greg, thank you for being with us. next, presidential announcement news. we will be right back. ♪

mark: super fun weekend at bernie's this weekend. this thursday, senator bernie sanders will announce that he is running for president and will run as a democrat. expect a short statement this thursday. next couple of weeks, the kickoff in vermont. john: we have a trifecta of programming notes. tomorrow, brian grazer joins us. on thursday, time for the minister of silly walks, monty python's john cleese. and then a conversation with larry flynt. mark: until then, sayonara.

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pimm: hello, i am pimm fox. this is what i am "taking stock" of this tuesday, april 28, 2015 -- it was an earnings snafu for twitter. the company results were made earlier than scheduled and the performance was disappointing. the stock fell sharply at the end of the trading session losing 18%. twitter posted first-quarter revenue that fell short of earnings and cut its sales forecast, but the number of monthly active members climbed 18% at 302 million. brad stone spoke with the cofounder evan williams who reacted. evan: nobody likes to see a stock fall like that, but honestly, i have the utmost