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happy days, indeed. not because s.e. is not here. we miss her. the wall street numbers are on track to set another record today! >> whoo! >> just an hour before the closing bell after a week of records on the jobs front, today's first friday of the month numbers blew away expectations. can i gate bomb? no? okay. 236,000 jobs were added in february. the unemployment rate now stands at 7.7%. that's the lowest since, like, 2008 or something. never mind 7.7% still too part and part of the reason it is at 7.7% and not 10% is a low, low labor participation rate. we have mccain and graham supporting the president. instead of fellow republican rand paul and the drones. we have paul ryan lunching with the president. and sequester seems to have as krystal said on this program, sped up talk of a grand bargain to save the country, the world

and the milky way as we know it. now, even though it's snowing, let's get back to the numbers. that's the good news. if it is the first friday of the month, that means bernstein and marici are here to sell more copiers. jared, first to you, we bring back the music to say is it happy days, really? are they here again or what? ♪ >> first of all, it is the second friday of the month. just -- >> you know, jared -- jared, we don't need your specificity here. okay? let's go to peter now. >> i just -- i know you're all about the facts. no. it's a generally -- it's generally a strong report. you did mention that the decline in unemployment from 7.9% last month to 7.7%, it ticked down .2 of a percent. one tenth is small the labor force got smaller. and job growth was broad across most industries. construction had a big month. personal services.

once again, government declined by 10,000 jobs but really it's a report that shows some acceleration in job growth. the big question to my mind, will we seep up the underlying pace? if we do, it's a better economy for people disconnect from the recovery so far. of course, there's a sequester out there pushing back the other way. >> all right. peter, are you going to be happy to be here or nitpick everything i say like jared? >> you guys and the numbers. >> this shows that, you know, the president said that sequester was going to color every number going forward. the stock market is blasting through records day after day. we have the fantastic jobs report according to jared. sequester must be good for the country. you got to put the republicans in charge. they've got the right path. >> oh wow! big words there. peter, let's just put another thing to you because there's a huge racial disparity and the numbers baked in. unemployment for white people and asians less than 7%.

unemployment for black people almost double that. hispan hispanics, well over 9%. don't we have to get past that to get to the better economy, as well? >> i think it's the reverse. if we have a better economy, we keep having jobs numbers like we have been getting the last four months. we had one low month out of four and then starting to get a tighter labor market, higher wages and pulling these people back in and giving them opportunities to walk up the ladder. i would point out that we have had these kinds of disparities over time in both republican and democratic administrations and they largely reflect differences in job skills in this day and age. i don't know that the discrimination is a large component in it anymore. as much as it is just the fact that there are -- >> well, peter, peter. >> hold on. >> we have seen the studies where blacks and whites go up with the same resume and blacks are half as likely to get a call-back as white people. we know that's still part of it. >> okay.

i'll grant you that but what i'm getting at is if we have a better economy given the skill sets that the folks have, the percentage of high school graduates, drop-outs, percentage of college graduates, the disparity will mean somewhat less. a strong economy benefits lower skilled workers more than the very wealthy like, you know, the jamie diamonds. they got paid through the cycle despite what happened. >> you know, jared, i want to pick up on that point. talking about with the sequester, okay. look. we have number that is basically don't cover the period after the sequester went in to effect which was last friday. we have as we mentioned in the opening a revived talk of a grand bargain. it doesn't do anything for jobs. it cuts some spending and raises some taxes and closes loopholes and wondering when you look at the sequester going in to effect right now, the affect on gdp, washington still only really talking about the grand bargain

and not jobs. do you think there's -- what do you think the momentum is on this. >> i think it's a great point and hung up with talks about tax reform and budget deficits we forget for most people the deficit is the jobs deficit and not the budget deficit in the immediate term. look. you know, i didn't say this was a fantastic report. i think it's a solid report. a good one. it shows momentum in the right direction. but it's a matter of whether that momentum can be sustained. now, the sequester isn't in these numbers yet. these are from february, remember. and so, the consensus is that the sequester's going to take half a percent off gdp growth and half a million jobs. if we're growing at 2.5% or 3%, it's not good but we can afford that. growing at 1.5% or 2%, this's the difference between unemployment ticking up further or getting better. so, what i guess i'm trying to say is i guess this hope this

report suggests the sequester coming off of a higher base, the economy doing better than expected and so when we shave half a point off it, it won't hurt as much. >> i would point out -- >> go ahead, peter. >> it's easy to harp on sequester but according to cbo, that's $42 billion in spending between now and october. the tax increase of january subtracted $150 billion from folks' pockets. that should have a much larger effect. we had the robust jobs numbers in february, two months in to that process. i think if we can afford $150 billion in taxes we can afford $42 billion in spending cuts. >> peter, one of the things you wrote holding back hiring were increased business regulations, mandates from obama care, dodd-frank you reference specifically and i'm looking at the fact wall street is breaking records. corporate profits at all-time highs as a percentage of gdps

and wages at an all-time low as a percentage of gdp and seems corporations are doing okay and not holding back hiring. >> depends on who you ask and talking about. banks laying people off. financial sector is contracting. smaller banks having a lot of trouble coping with dodd-frank even though they had lit toll do with the financial crisis. the regulations are too burdensome. i'm not against right regulations but we made them terribly burdensome. i would like many democrats favor a structural solution of breaking up the big banks, deregulating the smaller banks and easing back so they have more room to run and competition. with regard to corporate profits, these large companies that define wall street, 80% of the equity traded is the s&p 500, you know, earn more than 50% of their profits abroad. making a lot of money in china and elsewhere in asia and that's also driving this profitability.

>> jared, what do you make of both right now in the short term but also this is a longer term trend of corporate profits going up and becoming a larger share of gdp and wages stagnant and go down? where does that trend come from and how do we reverse it? >> first of all, that's not a particularly new story. it has a lot to do -- >> exactly. >> it has a lot to do with the inequality of income or wealth or wages that's been an important and disturbing factor in the economy for a few decades. what we're seeing here is an economy that once again is bifurcated. what growth achieved and the economy is growing since the second half of 2009. i think all that regulation stuff from peter is just a bunch of hand waving and absolutely no evidence that there's anything to that at all. >> i'd like to address this. >> wait a second. let me finish. however, the growth has clearly been doing an end run around middle or low income people.

when i look at today's report, when i was trying to say before is that if this kind of momentum comes up and moves the unemployment rate down, then you'll see more people with more bargaining power, perhaps claiming more of that growth but this is a symptom of a lot of factors that have been boosting inquality for a couple of decades. >> i would like to talk about the factors. for one is mismanagement of globalization. i got my tenure writing about how to make free trade agreements work but blue collar workers put at an unfair competitive disadvantage. >> i agree with that. >> dodd-frank creates disadvantage. the large banks handle regulations so we're seeing smaller banks putting themselves up for sale to bigger banks that tends to concentrate power, create big bonuses on wall wl and deny small businesses loans for jobs for kinds of people to benefit. not a matter of free trade or not. whether we regulate or not but

it's getting it right and unfortunately this administration like the last administration and the one before it comes in with a program. they put their program in place. what they don't seem to be able to do well is make adjustments, take in the thing that is work and keep them and push aside and remove the things that aren't working quite as well. >> jared, jared, let me -- let me just get you to weigh in on one more thing. the president proposed increasing the min maum wage. nancy pelosi also supports a bill to increase the minimum wage to $10. would that be a boost to the economy? would that be a good thing to do right now is. >> i think it would be a good thing to do for low-income workers. low-wage workers. i don't make an argument it has a lot to do with boosting the economy. there's something to it because they tend to spend the money but it has a lot more to do with what we are talking about, claiming the fair share of the growing economy has been significantly diminished way

before dodd-frank had anything to do with it and part of it is raising the minimum wage to help in that regard. >> all right. i love it when nerds fight. peter and jared, thank you very much. >> thank you. >> take care. up next, is that a bomb in your pants? whoa! tsa taking heat yet again. should go outside in the snow and cool off. "the cycle" rolls on. it's a snowy friday in march. ♪ [ female announcer ] they're all going in the same direction, but in very different ways. and pampers gives all of them our driest, best fitting diaper, ♪ pampers cruisers with 3-way fit. not only with up to 12 hours of protection, they adapt at the waist, legs and bottom, for all the freedom to move their way in pampers best diaper. it's time to play.

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♪ it's hazy shade of winter

welcome back on a snowy friday here in new york. but we are not alone. from new jersey through new engla england, some places see more than a foot. spring is 11 days away according to the calendar. flight delays topping four hours in some places and that's just from the snow. the white house warning about sequester cuts to tauz tsa employees to be furloughed and the agency apparently needs all the help it can get because an undercover inspector managed to get through not one but two security check points with a fake bomb in the pants. then he boarded a commercial flight. this news coming at the same time that we find out that certain knives allowed back on planes so let's talk about i guess the state of airline safety and security these days. you know, i have always had issues with flying. i'm, you know -- i always said if i see somebody in the bathroom for more than 90 seconds i think shoe bomber. and so, you know, i think the

article -- >> normal. >> one of the articles i wrote about this, they had issues about newark airport in particular. one of the most heavily trafficked airports in the country. at least i think it is. i'm claiming that distinction for newark airport. maybe it isn't. i think it is. >> for sake of argument, let's say it is. >> they've had issues with i know there was a couple of years ago a woman went to hug a girlfriend and she was past security and nobody stopped him. went right through security. it was harmless but also showed how easy it was to get through and probably pick on newark too much because i get the feeling this could happen anywhere. he had a patdown and right on the plane and then it just -- >> don't beat up on newark. it could happen anywhere. >> the lesson -- i hate to say it. this story got out because a source went public with this for whatever reason. maybe they think the provisions

in place are not adequate. they don't want to publicize this. i think it's just -- where there's a will, there's a way. if somebody -- that to me is the lesson. if they're intent on doing this, i don't know. if the magnenometer doesn't pick it up? >> they're not succeeding. >> thank god. >> it's not like they didn't follow procedure. it seems like at least from what we know of the story they did follow procedure. they did have a pat down. that didn't find it. you know, a lot of fun made of the sequester and, oh, you know, we can handle the cuts and not a big deal but you have to look at the fact 9% cut to tsa would have a real impact. i mean, it would have an impact. it might not be as big or as great as some have said but we can't underestimate the fact that would be -- that would really make a difference in

airport security where we already obviously are not, you know, not totally foolproof there. the other thing i would say here in terms of the knives and i have no idea whether pocket knives really of the sort that they're going to be allowing on airplanes, whether this was the right call or the wrong call, do pocket knives really pose a threat of the sort that, like, my dad has a little swiss army knife? i doubt it. people are very upset about this and i feel like no matter what tsa does, whether they ban something, we complain about it. it's just a silly little pocket knife. it couldn't do any harm and then allowing it we complain about that, too. seems like a no-win situation. i partly think it comes back to the sense that we don't have real airport security. we have sort of an illusion of security that's there to make us feel safe so when we have the decisions they seem arbitrary. >> i think if they said you don't have to take your shoes off anymore, no one would complain. >> i think they would complain.

shoe bomber. toure! i would complain. >> nobody would complain. there's common sensical things they could do and nobody complains about golf clubs, lacrosse sticks, souvenir baseball bats but the little knives, seem like a bad idea. i'm not going to get too much in to it now but let's note that the tsa never caught anybody that ended up being arrested and prosecuted in terms of committing a terrorist plot or trying to commit a terrorist plot. now, we have had flight attendants and air marshals stop people but never the tsa. i don't say to beat up on the heart working, diligent people of the tsa. i think they're doing the best they can searching for needles in a gigantic haystack. i would rather beat up on the bosses making bad decisions and putting the people in bad situations. i just don't look at the tsa process and the way that these hard working people are the tools that they're given and

think that we are being made safer when we're confiscating water and adults take off the shoes but not children and this -- it feels very kabuki theater. >> apparently airline travel is safer than ever. we haven't had any major crashes in the united states, what, four years now. i think early 2009. i believe this sets a record or close to a record for the longest period of time without a fatal crash. i mean, you know, to somebody like me with flying issues says we're pushing the luck. >> we started to talk about this before, you were like, are you going to be able to take over the plane with -- no. of course not. but what if we get in to an argument and -- >> you stab me? >> i have a knife. who -- who is clamoring, who's needing to have that -- >> swiss army knives on the plane. i don't remember a lot of rage-filled attacks on passengers. >> true. but since 9/11, the flying experience gets worse and worse,

more and more stressful. when i was younger, it was fun to get on the plane and go up and see the captain and in the front. >> don't you want the days back when you don't have to worry about swiss army knife? >> can't go home again, those days are over. you sit in your little cell. buckle up. i love how they made you buckle up. have you ever needed a seat belt on a plane? >> yes, i have. >> have you ever crashed? >> no. of course not. >> i have needed it on a plane. massive turbulence to the point that some drinks hit the ceiling. >> never. >> yes. you needed the seat belt. i will say one change that i was very pleased about was the kids not having to take their shoes off. when my daughter was a year old and i was to take the shoes off in the asht, absurd. absurd. >> absolutely. >> i'm on the record. everybody take your shoes off. >> you are irrationally paranoid about the whole thing. >> no. >> what you wanted to do was tell people to take the train

but you're afraid to do that because they'll take the train and this is your thing. >> i rode the bus and train to stay away from the plane. if everybody listens to me, then those -- you know? >> you need to talk to somebody about your irrational fears. >> did you see the story of amtrak if it's washington and new york because nobody takes -- i'm the guy that takes the bus in des moines. >> be like -- wrap your head around it and take it. >> '83 volvo back on the road. >> i think you have made real progress this year. >> this year i haven't flown yet. >> regression. >> two flights? >> i did six in 2012 and i'm going to a wedding in miami in about a month. >> so you take the kornacki cruiser? >> volvo can make it. >> a 16-year gap you didn't take a plane? >> yeah. half my life. >> how could you do that? >> i wanted to live, toure and i

did and it was wonderful. straight ahead, developing news from the vatican. a date is set for the conclave.

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we've got a 2013 pope watch update. after days of anticipation, the conclave to elect the new pope will begin on tuesday once the voting does start, the question then immediately becomes, how long will the conclave last? >> if a conclave goes more than that week, they have a bigger problem than simply missing holy week. they've got a very divided conclave that is having a hard time picking a pope. >> just to give everyone a

reference, the longest papal election lasted three years back in the 13th cent kri and shortest is 10 hours back in 1503. nobody knows how long the election will last but all eyes certainly on the conclave smoke signals and in the guest spot today is network executive director sisser is simone campbell. sister, thank you so much for coming back to the show. want you to weigh in. what are you hoping for out of the papal election? are there certain qualities you're looking for? do you have a favorite in the group of likely pope successors? >> i don't know that a college of cardinals well enough to have a favorite but i do know what i see that we need is someone who understands the modern world, who embraces the global reality that we are a global -- not only a global church, but we are also a global economy, and continuing pope benedict's challenge to be economically responsible for

everyone in our globe, but also, coming at it with more of a pastoral heart. understanding pluralism is what i hope for most because in a pluralistic world we can welcome in everyone. >> sister, i think the new pope, whoever they choose, that's important for the future of the church and more important than that is dealing with the sex scandal in a very open and up front and transparent way. it's not just a scandal but theover-up. we used to think of the church where everyone had a tremendous amount of character and that's hard to say and some people embarrassed to be associated with the church. don't we need to deed with that to get the church back on the right track? >> certainly. i think we do. and unfortunately, not just in the united states. but in other countries, as well. but what i think the key here is that within the united states, we've sort of quote dealt with it as a legal issue. we haven't really had our hearts

broken by what people have suffered and i don't believe our church has learned how to atone, to let your hearts be broken and change the system that created this horrible, horrible sin. and, it's that challenge that i think the leadership needs to have. but to face up to. but that is an element of pluralism where we see that there are different responses and we need to make sure that we are responding in the ways that are needed now, not just in the ways of the past. >> you know, sister, there's been a lot of polling about sort of who and what the catholic church is all about in the united states these days in the run-up to the conclave and noticing a disconnect there. looking at cultural, social issues and looking at the population of this country, young people are generally the liberalizing, modernizing force, especially on an issue like gay marriage comes to mind. when you poll catholics, there's a cbs news/"the new york times"

poll that found more conservative of attitudes of younger catholics than middle aged and older catholics. abortion is one of them. more conservative. 18 to 44-year-olds. another one, infallibility of the pope. there's more skepticism about that sort of older you get. more acceptance of that younger. i wonder, is that something you have noticed? is there a possibility here that as the younger generation kind of comes in the majority and takes over the church becomes more conservative? >> i don't know. i've just returned from talking at several different colleges and universities and i haven't found this to be true. what i found is that there is a deep hunger for the social gospel, for being aware that jesus calls us to respond to the needs of those at the margins in the society and maybe i had a -- drew an odd cross-section but i quite frankly saw a church quite alive, quite concerned. i do think, though, that younger

people are more reticent about identifying themselves as catholic because often they see that it's identified as only that traditional conservative individual message and not the bigger picture. but i certainly can say wherever i've spoken at colleges and universities there's a wide view of what it does mean to live our faith. >> well, sister, dionne for "the washington post" wrote a column saying we should have a nun for the next pope and that got me thinking. i know just the lady, sister simone for pope. what do you think? >> oh, oh my glory. there's a thing out there on twitter and facebook but quite frankly, you have to look at it. that is very challenging time. whoever gets this job is going to have really a weighty job ahead of him because he's facing not only the sexual abuse scandals which are as broader than just the united states, financial scandals within the

vatican which need to be addressed and another diocese, i understand, but also, trying to bring us together to not just be about scolding and rules but to open up as jesus did to welcome in everyone. that's a huge challenge that they're facing and quite frankly a daunting task, so while i enjoy the humor of putting me up, it's pretty funny, the fact is it would be a tremendously weighty responsibility for anyone. >> certainly. but i think you would be spectacular at it, enough to bring me back to my catholic roots. thank you so much for coming back on. >> thank you. as i said, conclave begins tuesday to pick the next pope. hopefully doesn't take as long as cardinals took back in 1271. three years is pretty long time there, guys. so how long do you think this selection will take? michael says if you divide the cardinals by geographic regions by their average work week hours

subtract the number of meals per day and multiple the bells tolled daily, it should take four days. some number crunching. is this from steve? >> let's hold him to this. >> check back in. jared cuts to the chase. a month at most. i want a cycle coffee mug, too. we are in the business of making people's dreams come true. a mug will be on the way! maybe a toure tv mug. we have a bunch of those. >> oh really? oh really? okay! i see how we're playing the game. >> see, liking us on facebooks has benefits. up next, the trial everyone's talking about. if jodi was abused, is that a defense that can be measured?

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custom emails that drive business. it's just one of the ways constant contact can help you grow your small business. sign up for your free trial today at constantcontact.com/try. sex, lies and murder. the jodi arias trial is in black

until wednesday. this means they're not in progress until wednesday. sorry for the -- to the headline news network for that but everyone is talking. well, almost everyone is still asking about the past two weeks of jodi on the stand. nbc's katy tur covering the story. you are back in l.a. while the trial's break and seen jodi on the stand for 17 days, what's the defense strategy here? >> reporter: well, all the jury knew about her is changing the story three times. she wasn't there the night that alexander was killed and then she was there finding pictures there on travis alexander's camera. she said masked intruders came in and now self defense. she had to take the stand to explain why she thinks it was self defense. how he was abusing her. much of that she claims was sexually. her attorneys want her to -- want her to seem as sympathetic as possible, to know her. they need to convince them that she was scared for her life. that travis alexander really was as she claims a sexual deviant

and he was abusing her. >> you initially testified that sex was a way for travis to relieve stress. and later testified it was a way for him to relieve anger. which is correct? >> both are correct. anger was stressful and he had the term destress and sex was a way to destress and it seemed like after he climaxed that he felt a lot more calm. >> how do you know that? >> based on his demeanor and conversations we have had regarding that and requests that he's made. specifically to that -- of that nature and the term destress. >> reporter: they're back in court on wednesday. the defense has a lot more to do. they have to call the expert witnesses still. they need to prove that she was scared for her life. that he was abusing her. it's hard to do, i imagine,

because she admits to killing him and shooting him in the face, stabbing him 27 times and slitting his throat from ear to ear. that's hard to prove that it was self defense but she claims it was self defense. the prosecution says she was jealous that he was dating other women and that this was premeditated murder. of course, again, if convicted, she does face the death penalty. steve? >> all right. nbc's katy tur. the bulk of the jodi arias defense base odd an claim she was a victim of domestic violence. cdc estimates 1.3 million american women are victims of physical assault by an intimate partner each year. while she never reported the supposed violence to police, she wouldn't be alone. it's within of the most chronically underreported crimes in the country but arias changed the story three times before settling on the self defense claim so will the jury believe she is the victim here? want to bring in psychiatrist dr. joshua winer.

i guess that's an interesting question to me because we understand that a woman stepping forward to claim she's a victim of a domestic abuse isn't always going to have evidence and seems like relying on sort of her trustworthiness here and looking at changing the story, the grisly nature of the scene and kept a diary and never anything she told anybody. if somebody in general were to come to you and say i'm a victim of domestic violence what would you look for besides their word that you could verify it with? >> i'd be wanting to find out about the details. i'd want to make sure what they're telling me seems to make sense and recalled with specifics. you can just tell sometimes talking with somebody whether their story just doesn't really make sense or whether it does make sense. oftentimes some people by the time they see a psychiatrist maybe they had a track record

and started the process of making notes in a notebook or taking photographs or calling the police. you want to do background search to find out whether what they're telling you is backed up. but quite honestly, most of the time when somebody comes in to see a psychiatrist i have no reason but to believe them. a criminal case is different so here you have to wonder whether what she's saying is the truth or a good excuse for trying to get out of the murder charge but coming in to see a psychiatrist, most often talking about this, they're telling the truth. >> jodi's story, i mean, there's good reason to believe skeptical of what she is saying, having changed the story a number of times, the 27 stab wounds, the slitting of throat ear to ear, et cetera, but for women out there who are really victims of domestic abuse and watching the trial and the fact she's sort of presumed guilty and is being ridiculed in a way, does that have a chilling affect on the

legitimate victims thinking about coming forward? >> well, i think it has the potential to do that. i think probably people are realistic, though, and recognize their situation cannot be compared to this woman. they might be victims of domestic abuse but they haven't gone out and done the things that she's done. they haven't killed somebody. so i think that most people are going to be reasonable. they understand that necessarily what she's doing isn't a representation of what they might be experiencing in their own lives. but i do think there is that fine line where people have to be cautious because it is possible that even though she didn't tell other people or write it down in a diary, there is no -- there are no pictures of this, it is still possible that what she's saying is the truth. the problem in her case is that she's juster have hard to believe because of the fact she's admitted to lying several other times. >> doctor, hearing about somebody committing this level of violence toward another person, an absurd number of stab

wounds, shooting in the face, and neck and violence to the head area, trying to sort of mutilate or obliterate this body that they once very recently claimed to have loved, what does that say to you? >> love and hate are not that far apart in some cases, right? when from's a lot of love, passion and if something triggers that passion to turn to intense anger, hatred and fear, i don't think it's terribly unreasonable to assume there's physical damage that can be done to somebody else. i think it would be unreasonable to make any mass speculations about what it means for the fact that she did so much damage to him. clearly, when somebody is enraged, you don't know ma they're going to do. some people are just going to shoot somebody once. some people stab them multiple times. i think that you have to be cautious reading too much in to that. i don't really know what to make of it myself. >> do you read anything in to the gigantic transformation that

i don't di has undergone. used to be a vivacious-looking blond. wearing the glasses, not blond. trying to look mousey. >> not that there's anything wrong with dark hair. >> but adding the bangs, looking more mousey. you are laughing. you read something in to that. >> i absolutely do, yes. i think a defense tactic. right? i mean, you see the pictures posted on facebook. you see the way she would carry herself previously. this is not the woman who's on the stand. i think she's clearly trying to look like the girl next door who's very innocent, who's very simple and who would never really do something like this unless you were pushed to the absolute brink and fearful for safety. i think that was one of the first things that stood out to me. see the pictures on facebook and then the woman on the stand. they look like two different people. >> people more likely to convict a blond perhaps. >> i don't know.

i wouldn't go that long. >> someone made that judgment on her team somewhere. thank you, doctor. a lawyer tasked with arguing one of the most important civil rights supreme court cases of all time will join us here at the table. arrival. with hertz gold plus rewards, you skip the counters, the lines, and the paperwork. zap. it's our fastest and easiest way to get you into your car. it's just another way you'll be traveling at the speed of hertz. ♪ the middle of this special moment and i need to run off to the bathroom. ♪ i'm fed up with always having to put my bladder's needs ahead of my daughter. ♪ so today, i'm finally talking to my doctor about overactive bladder symptoms. [ female announcer ] know that gotta go feeling? ask your doctor about prescription toviaz. one toviaz pill a day significantly reduces sudden urges and accidents, for 24 hours. if you have certain stomach problems or glaucoma,

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elf? oh, i know! it must have been when they made slavery illegal in mississippi all the way back in four weeks ago. in fact -- in fact -- ladies and gentlemen, we're living in such a post-racial utopia that we couldn't suppress black votes even if we wanted to which we definitely don't. voter rights act is obsolete. it's like an old restraining order. these states are just saying, yes, i used to beat my girlfriend. but i haven't since the restraining order so we don't need it anymore. >> racism is so funny, isn't it? so funny sometimes you have to laugh to keep from crying, especially at moments like this when a crucial piece of civil rights legislation, the voting rights act, is looking like it could be near death. when the supreme court heard arguments for and against the constitutionality, our next

guest was in the courtroom arguing on behalf of the naacp legal defense fund in favor of the voting rights act. >> to be fair, this statute cannot go on forever but our experience teaches that six amendments to the constitution have had to be passed to ensure safeguard for the right to vote and many federal laws that protect uniform voters, some protect eligible voters who have not had the opportunity yet to register, but together the protections are important because our right to vote is what the united states constitution is about. >> that was debo adegbile, special counsel for the naacp legal defense fund and education fund arguing before the court and it's an honor to have you with us now. welcome. >> great to be with you. >> now, of course, the big, big moment, the headline moment that came out of that justice ska lay yeah saying, is that a permanent racial entitlement? what would you say to him perhaps away from the court in a bar trying to get him to understand, like, i don't look

at it that way? >> i think the reason the public response to that comment has been strong is because it flies in the face of our history, the constitution, and our common experience. everybody who looks at our history and common experience and the constitution itself knows that the voting rights act stands to take away focused racism that has been targeted at minority voters for many, many hundreds of years and the idea that we would stand down and try to paint a new world where the measures that are designed to remedy discrimination are somehow the source of the problem seems to be at odds with everything we understand about our history. >> you think about the voting rights act, i think it's pretty easy to make a case for why we still need it given what happened in 2008 in shelby, what happens in 2008 in texas, voter i.d. -- the restriction of early voting, redistricting, all these ways of trying to restrict the

franchise of people of color. even the senate voting for it 98-0. when do they vote for anything 98-0. and still we look like we're at a moment when it's in jeopardy. we'll be optimistic but you can read the tea leaves as well as any of us, it's going to be difficult. what does it say about the court and/or america that this is in jeopardy when we can very easily make a case that we still need it? >> it says we're asking the wrong questions. essentially we should be trying to figure out in light of all that you just described how we can bring more people into the democracy. how we can make or democracy more inclusive and make sure that all voters have their say. instead, we're focusing on trying to make away the measure that have been most effective at expanding our democracy. america tries to be an example in the world for democracy. and the idea that in the face of consistent challenges we're thinking about taking down protections seems to be at odds with the directional force of where we should be going. >> but we saw this moment coming even before the arguments in the last couple weeks.

we saw it in 2009 when the supreme court let the voting rights act stand but it was seen as a stay of execution. the supreme court made it clear to congress they expected congress to step in and clarify and modernize the law if it was going to stay on the books. democrats had a lot on their plate, but they had the white house, the house, the senate. they didn't do anything. do you hold them responsible a little bit for this? >> i don't hold them responsible at all. i think here a bipartisan look at what happened in the reauthorization is important. first, the 15th amendment gives the right to congress to determine what the law should be to enforce the protections. the reason it gives that right to congress is because the states and we know about this from the civil war and everything that followed with jim crow, and the supreme court and we all know about the dred scott case and the horrible history, those two entities got it wrong and they deprived citizens of their right, their equal right. so specifically and intentionally the amendments give the right to congress to act and what did congress do? they had hearings over a long

period of time, ten months, 90 witnesses, 15,000 pages, so even after that decision congress felt that if the court looks at what we did, we meet any standard. and i think that's what will be born out in this case. >> if you could quickly, what do you say to those critics who charge the section 5 coverage area just is out of daity? >> i think they're making a mistake because they're focused on the original coverage idea which was based on turnout and reauthorization. congress looked at what was happening on the ground in the places that are subject to the act and in other places that are not. they found that the discrimination tends to concentrate itself in the covered areas. that's not to say it doesn't happen elsewhere, but that the way it happens in covered jurisdictions is more repetitive and consistent. >> debo, thank you very much for fighting the good fight an for being here with us. up next, i will announce the what were you thinking award of the week, and, no, it doesn't go to justice scalia. he got it last week. [ male announcer ] how do you measure happiness?

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drum roll, please. and the award for the terrible horrible no good very bood what were you thinking idea of the week goes to the tsa. this week the tsa announced starting april 25th, they will allow small knives onto airplanes. what? >> you can't be serious, man. you cannot be serious! >> really? >> really? >> really? >> stop the insanity! >> who thinks what we need in the air is more weapons