>> from our studios in new york city, this is charlie rose. the u.s. supreme court begins a new term. voting rights, affirmative action are on the docket. the court may decide to take action on contraception. this term, more decisions will be made. to talk about these issues, adam and jeffrey. i am pleased to have both. whate go first to adam,

does this look like and what do we have to take note on? the big picture is that the left side of the court had a good year with a lot of liberal decisions and at liberal victories. like the, it looks empire strikes back and the conservative roberts court we know will deliver more conservative opinions. justice kennedy is in the middle. i expect him to swing right. there is a reason for the left to be nervous. they are tackling items of political significance. >> yes. they are. this is because of citizens united and the progeny. citizense come out of united and revolutionize campaign financing in the united states.

i think that the regulation of american politics is likely -- i think the deregulation of american politics is likely to continue. redistricting, which is deeply political, creates a profound question about districts and counting the number of human beings or voters in a district. that has a great deal of political significance. charlie rose: the chief justice may be a subject of political discussion in the republican primaries or the election. >> it is surprising. he has a conservative record and has only deviated from what the owl eyes would want twice. his allies would want. andle are running ads

comparing him to republican disappointments like kennedy and david souter. >> this is the evolution of the republican party. there used to be moderates and a pretty big tent. -- a pretty big tent. in the 70's and sandra day o'connor in the 1980's. was pretty much a liberal. john paul stevens was supported by gerald ford. in the absence of moderation in the candidates running for president is reflected in their attitude towards the supreme court. you have a justice, like adam said, who has almost been -- with the only exception of the affordable care act cases -- ted cruz says, i would never have voted for him and he is a

disappointment, even though he has voted the conservative line in every case, except the affordable care act cases. >> these are people who say whatever they want and they are unaffected by politics. charlie rose: let's talk about the affirmative action texas case. >> this looks like a case where the supreme court cuts back significantly on public universities to take race into account in admission decisions and it is the second trip for this case. i do not think they would have taken it a second time. at least somebody in the idiosyncratic university of likely very much at risk. >> the appellate court ruled for the university. , youe supreme court said guys did not take a hard enough look. go and take a look on whether

you really mean if this is constitutional, this plan that allows admissions officers to take race into account. the supreme court is taking this .gain probably not to say, "yes, that is right." >> every chief justice has a project. en, his was ending segregation. william rehnquist, states rights. roberts' is getting rid of racial preferences. he said the way to get rid of discrimination on the basis of race is to stop discriminating on the basis of race, by which

he meant, any discrimination is unlawful. case,k he will use this to the extent that he can get kennedy to come along, to do away with racial preferences in admissions. >> bear in mind that kennedy has never in his career voted to uphold an affirmative action program. you take the chief justice's project and that he has four votes, the fifth vote has never voted for affirmative action, there is a lot of reason for liberals to be nervous. refused inagan is kagan is-- elana ena recused in the case.

>> very likely. >> none of these cases have the the one decided last year or the constitutionality of the individual mandate. the affordable care act is here to stay, unless congress overturns it with a republican president. the courts are now done with the law. many aspects of the law will be before the court. charlie rose: including contraception. what is that? >> it is related to hobby lobby, which was decided a few years ago. companies that have religious objections to contraception that are required to be covered, how obligederage are they to pay for? they are corporations, not

individuals. the court has held that privately-held companies have a right to have religious objections. privatelooks at companies, religiously-affiliated institutions, schools, hospitals. the administration says, in essence, if you sign a form of, we will take care of it for you. evenbjection is now, signing a form makes them complicit into something that is sinful. far.say it is too this religiously-affiliated institution, whether they have to sign a form, it is probably the next frontier. they have not taken a case yet. they probably will. charlie rose: what abortion case

will they take? >> there was a sweep in the midterm elections i republicans and restrictions on abortion. elections by republicans and restrictions on abortion. whether doctors have to have admission privileges in all of thebasically, requirements have been percolating through the courts and the challenges by abortion rights organizations and some are likely to be before the court during this term. guess, the to leading case comes out of texas. the leading provisions would drive the number of abortions from f40 to 10. the court has interceded in the case. the case in texas is the most

likely candidate. ♪

charlie rose: ok. ift they may decide is, states have gone too far in restricting abortion. >> that is correct. states have not engaged much in a abortion in recent years.

there was 2000 seven with the federal partial birth abortion law and nothing since then. the question is, the legal term is,rt the court has adopted "undue burden." clears not necessarily any definition and "undue burden" will probably mean what anthony kennedy thinks it means. charlie rose: i thought you knew what it meant. >> we will find out when he votes. that -- bear in in the heart of the presidential campaign. that will thrust of the issues and the courts into the campaign.

charlie rose: what about death penalty? >> we had a statement from breyer and ginsburg saying that they think the death penalty is unconstitutional and they would like to hear a big challenge to allow the court to take a fresh look at the large question as to whether the death penalty is constitutional. the case is not yet arrived. a bunch of questions on the docket, including whether prosecutors can knock off every black on a jury. eithercountry has passed the supreme court on the death penalty. the death penalty is shrinking. charlie rose: is that because of dna evidence being used to show that people on death row are innocent? are there other factors? by dnajurors are spooked

exonerations. a lot of counties do not want to pay for these and there is less crime than there used to be in the 1990's. there are fewer opportunities to seek the death penalty. you combine all of that and the new requirements from the supreme court in cases that are difficult and no one knows how to execute these people. >> cruel and unusual. cocktail,ee drug they cannot find the drugs. there have been 22 executions in the beginning of october and it is heading towards a low since the death penalty was reinstated. >> the numbers are going down. be zerot going to without the court. maybe it is tolerable.

the court was looking at stays of execution. they are in the business of tinkering with the machinery of death. charlie rose: the book that was talked about said that it was "cruel and unusual." >> there has not been a death sentence in texas. texas. charlie rose: wow. what state has the most? california, virginia. in california, there are hundreds on death row and they have had a handful of executions. >> virginia has relatively few and executes efficiently. charlie rose: how do they do it? >> lethal injection. lethal injection. it is the most universal method.

>> the absence of required drugs as made it problematic and oklahoma has struggled with getting the drugs the supreme court has approved. a lot of european suppliers refuse to produce them for this purpose. they are scrambling. charlie rose: is there any progress in televising supreme court arguments? >> i think we are probably moving in the opposite direction. charlie rose: why is that? >> in the last term, there were three different protests and two were over citizens united and the other was same-sex marriage. if cameras make that more likely, that adds to the court's sense that the nice proceeding may or having will be disrupted or give rise to grandstanding.

themselves.control >> both kagan and sotomayor said they were open to it. they have stockholm syndrome. they are captive and they say they are worried about cameras. charlie rose: who are we defining as the captors? >> the other seven justices. we could move toward streaming the audio live. >> they should have same-day audio. it would be child's play. or, as suggested, live audio. postedthey accidentally same-day audio and they took it down. charlie rose: if you look at the supreme court calendar, it is

what anthony kennedy decides to vote deciding what they decide. >> i will sign on to that. >> in the controversial 5-4 cases, he will be the deciding time.e 2/3rds of the >> may be added disagree's with dam disagrees, but i do not think there has ever been a justice who has been this much of a swing justice. of theideological center supreme court used to be 2-3 justices. when you would argue to the court, you would look around a little bit, because you thought several votes were in play.

now, you speak to anthony kennedy. charlie rose: who is the smartest person on the court? >> they are all smart. they really are. i'm not finished. i think roberts is the smartest, in terms of role. >> he is a raw intellectual and he has written better opinions. in terms of mastery of the information -- charlie rose: in terms of overall power, scalia. >> in terms of raw power -- however you want to define it, -- it is still that early in her tenure but, kagan. seems to have a real interest in business. >> yes.

that is something i view as a mistake, on my part. i have not emphasized that enough in describing the roberts court, particularly with lawsuits against businesses. if it is an individual on one side and a corporation on the certainty, i can tell you who is going to win. personally do not like injury lawyers, personal lawsuits, civil litigation. it is very pro-business. charlie rose: do you agree? >> absolutely. appointeesw. bush are the most pro-business .ustices this term, we are going to see them go after class actions. >> and, labor unions.

they do not like labor unions and there is a case in california with public employee unions where they could cripple the ability to get money from public employees, which would hurt democrats. >> this court, i don't think it has huge differences on environmental justice. it upon herself to be the guardian of the criminal docket. charlie rose: she was a prosecutor. jurisdiction that was more liberal and the rest of the country and she, i think, has taken a particular interest in the subject. is a pro-large, this law enforcement court. you do not see convictions overturned. >> this government is -- this

court is suspicious of government overcriminalization. this is a court that will sometimes think that big government is bad, even when big government is the prosecutor. a case declined to hear that was a huge defeat for the attorney in new york on insider trading. ircuit courtertaii overturned the convictions on the basis of prosecutor pushed too hard and the version of insider trading done was not unlawful. it was a successful prosecution and they overturned the conviction. charlie rose: it was overturned. >> the insider trading cases may be harder to make as a result. >> is the supreme court as

exciting as it always has been? in a holding is pattern as we wait for the generational turnover. vacancies tend to come in groups. it is true that john paul stevens served until he was 90. all of theseat justices could wait until chelsea clinton is president to leave. it is likely that several of them will leave in the next few years. --rlie rose: especially let's see, i said who it was. isginsburg is 83 and scalia 79 now. >> breyer is 77. diu have four likely can't dates to go. if a democrat gets to change the republican appointees, that

changes the fabric of american life. >> i said roberts. is a good writer. she is very conversational. >> those two are very good. heyday, was a transformative thinker and an excellent writer. charlie rose: and a great talker. >> a charming man. justice.st important >> intellectually, scalia, by a wide margin. charlie rose: thank you for coming. at the supreme court, we turn to claire danes and the new season of homeland!

back in a moment. ♪

charlie rose: claire danes is here and homeland has returned to show time. the new yorker praises her isformance and says that she a stand-in for the post-9/11 psychology. .he is a sadistic bully

i spoke with her about her career and the upcoming season of homeland. and, other things. homeland is back. >> for a while. it still feels very electric and vital. charlie rose: where is kerry? >> she is actually happy, amazingly. no, but she is in the private sector. she was very disillusioned by what she experienced in season four and she felt betrayed by her mentor and friend. working for a and isent billionaire the head of security for the

firm. she has a lovely boyfriend who is a lawyer and they are living together. things are going well and she is very connected to her baby. about five minutes of domestic lists. -- bliss. charlie rose: she is back. >> yes. in the first episode, the loss is progressive. -- her boss is a progressive philanthropist. so, she, she protests and says this is a terrible idea. she, she goes anyways and there is the assassination attempt. she assumes it is her boss who is the target and she discovers

that she, actually, is the target. she has to figure out who is trying to kill her and why. charlie rose: and then, we find that saul had to come back to berlin. >> right. that is a big engine of the season. >> and brings them back together. kids whoa couple of stumble into this incredible world and -- thing. rose: a snowden >> absolutely. it creates great chaos. charlie rose: where is she? she is no longer in the cia lost up she is happy. her lithium taking every day. she and a bigat

theme for her this year is the history is not something she can excuse herself from. it used to be that, whatever she did, somehow it was ok because she did good things for the agency. >> i think that she -- >> she did not have a life before and she did not think she could have a life. she did not think she was entitled to that war that was possible because of her illness. createness was going to have make and suffering in the relationships she forged and she gave that up entirely. at the end of last season, we found that may not either case and the conditions may not prohibit her from happiness. so, she is trying that on and it

works. yes. when she is not a technology in this iteration, she does have the incredible gift. charlie rose: what does she bring to you? you talk about how great it is. >> mandy is a powerful performer and a brilliant musician and singer. that informs his approach to acting. rare and specific to him. it is a joy to play with. obviously, we were new to each as soon as we started

, it is something we have walked into. it was fun because kerry is a fast talker and his staccato. frequency. he is the opposite of that. charlie rose: here is what he said. it was glorious. i just loved it. there was a chemistry. she was riveting. all i have to do is listen. >> i feel identical. those would be my words exactly. every choice he makes is so particular to his spirit and it could never be reproduced or

imitated by anyone. it is always compelling and it is always inspiring. newakes me do something that i am not sure of. charlie rose: you said you know his process, how to run, how to play with them. it is a gift to get to know this actor over this many years in an always-new context. it is like being in a marriage. >> yes. it is. we have outran a lot of marriages. it is a happy marriage. to have that trust and that history and that shorthand is such a privilege. ,> the marriage to the agency she can never leave. >> i do not think she can. rediscovers this.

>> in season five. in the beginning of season five, she is relieved. i kind of miss her playing it i missed the joy i had. she really does love her work. it is fun. russiae is a saying in that there is no such thing as a former kgb. agent, always a kgb

agent. there's something about the house of mirrors and life on the precipice. >> i think it is very intoxicating and addictive. the stakes are so very high. and, you know, there are actors acting. real, i cannot imagine that. >> i cannot imagine being a cia agent. >> not really. i try. charlie rose: you have met them and talked to them. >> yeah. i have a spyw, big sister.

she is fun. charlie rose: does she inform you might think and feel? >> i learn from observing her and the way she talks. >> what does it say about you ale? you went to yel been a kid actor. i started this when i was 12. charlie rose: and thought about it when you were three. it was a fractured way and i my numbert shoot with

two pencil. i was so disoriented. that was my high school experience. i was lonely and just working with adults. i wanted to go to college to socialize and learn. there was another level of urgency for me. charlie rose: also, the socializing process. >> it was vital for me. i was feeling weird. i didn't know how to hang out. it is important to know how to do that. charlie rose: it is. you did not have "at ease" with your contemporaries. >> i was self-conscious and becoming a bonsai tree. you were so good

at 13 that it was a little scary. this is at 13. >> that is nice to hear. charlie rose: you do not know what makes you scary? it is a commanding presence. >> i was a kid actor. i never thought of myself as that. i was an actor who was a kid. charlie rose: everything inside of you said that you were an actor. >> i started taking acting classes and i was furious, committed. i really meant it. people said, you are only 10. i said, i have been doing this forever. plenty of material. one afternoon, as i am one-day o

enough. --rlie rose: that is about there is an intellectual curiosity. you have been a student. >> i thought i was going to be a psychology major and it was an interest. that was a was my plan b. going into psychology and becoming a therapist. now, i get to do both. charlie rose: you did not graduate because the degree to not mean that much to you. >> i understood the experience and i figured out how to hang out all stop i got the fundamentals of education, learn how to think -- learn how to hang out. i got the fundamentals of education and learned how to think critically.

i thought i was going to be able to act every summer and it does not work that way. how muchto realize work goes into getting work. a project that starts in july gets pushed and three years passed and i couldn't act. i missed it. your character misses the cia like you missed acting. >> i did. to commit tool was acting as an adult. i wanted to make sure that i was not just doing it out of habit or based on a decision i had made as a 10-year-old. i need to evaluate and my thousand. -- my vowas?

. charlie rose: two? o?> >> to being a performer. charlie rose: what is your ambition? >> to work with creatively peopleus and like-minded and be working writing material that makes me a little bigger in the world and the world a little better. ham and know, to be a get paid for it. it is great. and, you know, have a life, friendships that are intact and matter in a relationship. you arerose: they say constantly doing lines with each other. >> we are. sometimes in the taxi. i will read his lines.

we are always doing it with each other. charlie rose: when you look at the success of this. five years, it is not like a movie here that you do. you have inhabited this and shaped it. interesting and up is sort of like the 7 d project,the boyhoo growing up alongside a character in real time. i find it fascinating and i am fascinated that i still find it fascinating. after five-year's, it is still vital to you. >> i am figuring it out. you still have to crack it. there is the danger of falling

into old habits. the show runner and his team, they are always pushing the boundaries further for themselves and demand that the actors follow suit and do the same. charlie rose: what do you have to crack? new challenge every year. last year, it was how to grieve loss and decide if that was a true love or not. can she have a life and do this work? year, i think it is the opposite of that. ultimately, she will have to find a way to integrate her passion. >> new life with her passion. >> yes.

who is kerry as a mother? she puts her baby on an airplane in episode three. >> she does not want to and she feels genuinely bad about it. charlie rose: i know, i know. is it because there was such a love for her that she does not want to put her at risk? >> that is right. it is the responsible choice. i cannot imagine a greater sacrifice. how her rent this. ous.ow horrend charlie rose: you are the narrator. >> a very unreliable one. charlie rose: that is what they describe. the unreliable narrator. >> she cannot even trust herself. her brain chemistry is such that

responding to a delusion or craziness. yeah. that makes it very exciting. charlie rose: the atlantic says that she is unstable and extraordinary. the brain chemistry towards her chances for happiness and give her a streak of genius that make her the most effective weapon. does that resonate? >> it does. i think the idea of brilliant -- maybe they have to be ? little eccentric maybe they have to be a little forward thinking and idiosyncratic. there are a lot of people in these places.

>> in deed. that is right. charlie rose: what have you learned about the relationship with bipolar? >> there is a lot of evidence that bipolar and genius are connected. there are a lot of examples of genius minds -- yeah. anyways. charlie rose: here we are in year five and it seems to me that she is as fresh and as in seasong as you one. she is just in a different place. transition and a now, she is fully in the transition. as enormously it exciting and fresh for you and you do not go, here we go with

another season. and, actually, what does that mean for her? i have never experienced that before as her. what does that look like? i have to lay that down and design it. everybody always asked you this. what is the relationship between kerry and claire? my joke answer is that we are blonde. the differences are more obvious than the similarities. we both love our work all stop that sounds ridiculous.

there is the deep attraction and a lot of role-playing. a lot of travel. and, i think that i have a kind of linear focus and can be quite driven and very hard on myself. things she is also those and we are pretty earnest. we both care a lot. like a little too much. i love that she is such a protagonist and she drives the action forward. that is unusual to have as a woman. charlie rose: to be that. >> to be the answer. charlie rose: you are not that

in real life? you cannot do what you have done without driving. >> that is true also thank you for saying that all stop i meant that, in most fiction, it is not the women who -- charlie rose: and therefore, it is really wonderful. >> i cannot believe my luck. >> it is the human being and after. -- actor. >> i love that she gets to be how, assertive, or courageous. the vulnerability requires a littlend people get confused about that in this culture.

there is the cry face meme and i am flattered by it. to be andw, i get expose real ugly stuff, real stuff that is sometimes ugly. it is human and true and there are not many outlets for it in pop culture. here is one. i am a professional feeler. i like feelings. i am for them. i get to do that here a lot. o anything fory d you? >> that is what i do. i am an empath.

i get to really understand what persono be a different and see the world from a different place. i discover that we are all it encourages a tolerance that is beautiful and reassuring. hadlie rose: have you ever bipolar or some diagnosed issue or the sense that you are a bit crazy? i want to use the right terms because people in the mental health world are careful about that. not usingareful about

terms that stereotype a real thing. do you feel out of control? >> of course. yes. kid, iung person, as a imaginationnruly that took me some time to understand and harness. charlie rose: harness is the right word. , when the brains are developing, they have to figure out how to differentiate the real from the unreal. charlie rose: how did you do it? >> practice. charlie rose: has this stimulated an interest in you in -- spyft question mark craft? this world of intrigue and

knowing who knows what when and where? >> there is a huge underworld and subculture that is above ground. is -- sure this i said, how'd you know. he said, i know. i have friends who have people there. do you think that i stop talking? we know what you did all stop >> that works with the paranoia. paranoid if they are after you? it can be supported by facts. it is a difficult state to be an. charlie rose: i'm interested in this idea of what people are .urious about beyond me

are people curious about with respect to this series? what is your feedback? is it personal? what? they care about her struggle, her personal struggle. --rlie rose: herbal nobility her vulnerability. power,erability, strength. explore whathat we it is to work and we understand the sacrifice that patriots make and how lonely and experience that can be. these isolated characters reach -- reach forer

each other and is interesting and exciting. charlie rose: thank you. it is great to see you. >> nice to see you.

♪ angie: running out of steam. biotech brings wall street's longest run this year to an and. -- end. gains as the dollar weakens. yum plunges in, late trading. view, the a global yen -- the yuan passes the yen to become the world's most used currency. welcome to first up. coming to you live from bloomberg asian headquarters