constitution to prevent college s and universities to take race into account while considering admissions. and noun they next they will ta that is going to affect how and where you will watch tv on the screen or the internet. and so broadcasters including msnbc's parent nbc universal argued that a new company aereo is stealing their content and rebroadcasting it over the internet without paying for it. >> and the tv comes in over the air through the dish or the cable, and then there is the internet whenever and how however we want. sure it is individuvideo, but i of the. the real live 24/7 tv that we know and love, it is not on the internet until now. now, there is aereo, the new platform for bringing live tv to the internet whenever and however we want it. >> okay. let's bring in our nbc news justice correspondent pete williams joining us from the

supreme court. and let's start with the ban on affirmative action that took place an hour ago, and tell us how that played out. >> well, it was a 6-2 vote, and nine justices and elena kagan sat this out, because she worked on the issue in the justice department, but the issue is whether constitutionally michigan voters could ban affirmative action or whether it put minority members in michigan at a disadvantage and whether it made them jump a higher hurdle to change the state law than somebody who for example who wanted to change the admission policies on the legacies or the grade point averages or something else. the court rejected the challenge today, and said that michigan did not violate the constitution when it banned affirmative action and justice kennedy who wrote the lead opinion in the case said that the mind does not presume that some subjects are too divisive or profound for public debate. it was the supreme court's rule that set it in motion in 2003

when it upheld the affirmative action in school admissions at the university of michigan and then three years later 53% of michigan voters went to the polls and banned affirmative action, and the supreme court said that when michigan voters did that, they did not violate the constitution. >> i want to shift gears, because there is a number of things going on there today at the supreme court, and there is a case that pits the big companies against a start-up air owe, and this is involving big money. tell us about it. >> well, what aereo does is allow you to watch broadcast television over the mobile devices without paying a price, and they say it is theft, and violates the copyrights, but aereo says it is nothing different than hooking up an ten na on the home, and getting it that way, but they say it is a big difference, because they are taking it and selling it to

customers without paying the network networks and point out that the cable companies and the satellite companies do pay the networks transmission fees which are huge money for the networks. so if the court rules in favor of aereo, potentially big changes in how television is deliver delivered. >> yes, it could change the way that we watch tv. thank you, pete williams live at the supreme court. >> thank you. and we are following new developments in the aftermath of the sinking ship off of the south korea coast last week as the divers are finding more ways to get into the ship, they are recovering the bodies at a much faster pace. at least 21 bodies were recovered earlier today, and the numberf of those killed stands at 104. a total of nine crew members have been arrested a on the family who owns the ship has been barred from leaving the country. we are learning more also about how the authorities were notified of the crippled ship.

investiga investigators say that the first emergency call was made not by the crew, but a frightened boy who said, save us u , we are sinking. and meanwhile, the families held funerals for ten students who died. and there is a temporary memorial being held in the town where most of the victims attended high school. >> and we want to go to ukraine where vice president joe biden met with interim leaders in a high profile show of u.s. support. following the meetings, the vice president took aim at russia and accusing moscow of stoking the unrest in east e earn ukraine and despite the last week's agreement for the pro militia groups to surrender buildings in at least ten cities. >> we call for russia to stop hiding behind masks and sowing unrest in eastern ukraine. we have been scleer that more provocative behavior by russia is going to lead to more costs and to greater isolation.

>> meanwhile, the ukrainian government says that the pro russian militias are not standing down, because they are russian troops and they gave the european monitors photographs to prove it. they claim that the militia men in those photos are the very same men that they used to take over crimea last month. let's bring in our national security correspondent karen from the "new york post." >> thank you. >> and kiev says that they show a russian takeover in disguise, but is that what is happening? is that what president putin is planning? >> well, i think that what the west is saying and the ukrainian government is saying is that we have seen this movie before, and we saw it in cry mimea where th were allegedly russian special fosts on the ground, and the

russian government denied it, but of course sh, after that wa completed, president putin has acknowledged that in fact, they were russian forces. what the united states and its allies and the government of ukraine now charge is that the same thing is happening in eastern ukraine, that a group of russian special forces, soldiers, coming in and going from town to town, and mobilizing separatists and arming them and organizing them and telling them what to do and then moving on to the next town to take it over. >> as this plays out, we are hearing the tough talk from vice president biden today aimed at russia, and he also announced that the white house is putting together a $50 million aid package for ukraine, but i want to play senator mccain's reaction on "morning joe" this morning to vice president biden's comments. >> the vice president is saying if they continue to do this, what will we do? >> what should we do? >> plans for the energy, and

give them weapons the defend themselves. >> give them weapons. >> defensive weapons, and that is what they are begging for. and accelerate them into the eu, and get the imf loan to them, and there is a broad range of options that we can do. >> all right. he says a broad range of the options, and what else can the u.s. do to help ukraine's government? >> well, i think that senator mccain and some of the other lawmakers have said that we should give the ukraine military weapons, and the administration is not really interested in doing that. the ukrainian military is not prepared. they don't want to provoke russia into having an excuse to send its troops across the border. right now, what they are looking for is to expand the sanctions against russia which is going to be happening later in the week unless the situation changes dramatically in the meantime. these are more sanctions against individuals who are senior company leaders and the government officials close to president putin, and the

administration insisting that there is some evidence that this has started to affect the russian economy and not necessarily directly with the individuals, but because investors and foreign companies and the banks abroad simply don't want to be involved. they don't know what is coming down the line in terms of the sanctions, and they don't want to risk their money, and it is just viewed as too much of a risk at this point. >> all right. karen de jonge, thank you for your insight today, and we appreciate it. >> thank you. and also at this hour, president obama is on the way to washington state to tour the town of oso which was devastated by the mudslide last month. 41 people died in the mudslide that buried hundreds of homes. today, two people remain missing and this week, the final hospital patient injured in the slide was released. joining me from oso is jake wittenberg from our affiliate. thank you for being with us. >> sure.

>> and the president will tour oso later today, and what is on the agenda, and who is he going to be meeting with? >> well, betty, the plan is for the president to land here at 11:30 pacific time, and there is a relatively low ceiling, but the plan is to get him into a helicopter and to fly over the debris pile for the first time, and then back to arlington we are told which is 20 miles from the slide and motorcade up to the small town of oso that is devastated by the loss here, and expected to meet with the families impacted and as well as the local responders at the chapel there, and tour the local fire hall which is ground zero for the response and the recovery effort, and then he is going to make a statement later in the afternoon. >> in terms of the recovery, where does that stand at this hour? >> welsh you know, things are starting to slow down as far as the recovery is. the snohomish county medical exam

examiner has released numbers that 41 people have been placed in the number of the dead, and they have all been i.d.'d, and there is a sign that things are going to be starting to shift the gears and how the open the road and how to get the fema money to the families and the number of families coming to fema for help has been slowed down tremendously, and while we have seen the crews digging around looking for the two individuals who are missing, things have slowed down. >> and you are talking about a sign that things are shifting gears, the first damage claims have been filed and what is the latest with those? >> well, it is interesting. already one woman has file d a claim for damages $3.5 million claim against the county and the department of natural resources. she lost her husband in the slide. he was at home at the time, and she was working at a local hospital. and she claims that the kocount the state, department of natural resource knew that there was a danger and when they bought their house in 2011, there was

no indication as far as they are concerned that there was any sort of a risk, and they are claiming that the information was not given to them, and she and the attorney are going to be talking to several other families who are looking to file cla claims as well, so this is certainly the indication of much puzier and messier times ahead when it comes the that. >> thank you, jake from our affiliate 5 there. and chicago's look at the weekend of gun violence having nine people taken over the weekend. a bloody weekend forced the feds to step in and tackle crime. a local pastor is stepping in to talk about the gun violence that is taking innocent lives. and a man who rode in a

airplane wheel well, and his family is now speaking about the stunt and what may have caused him to do it. >> and a federal agency is having second thoughts about making this powder alcohol available to you. join the conversation on twitter, and you can find the team at "newsnation." [ male announcer ] this is kevin. to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap.

♪ we cannot let the fans down. don't worry! the united states postal service will get it there on time with priority mail flat rate shipping. our priority has always been saving the day. because our priority... amazing! ...is you! the amazing spider-man 2 delivered by the united states postal service.

there are more questions than answers today about how a 15-year-old stowaway managed to fly from california to hawaii inside of the wheel well of a commercial airplane and there is mounting concern that the security breach at san jose international airport could happen at other u.s. airports. nbc's joe fryer has the story.

>> in the wake of the death defying adventure the city of san jose says it has no plans to file charges against the 15-year-old stowaway, but the airline passengers have serious questions. >> you go over the fence and then without being checked while the passengers go through the metal detectors, and maybe there is some lapse on it. >> reporter: the airport officials say that surveillance shows the boy crawling into the wheel well of the hawaiian boeing 767 after scaling a airport fence. and the airport security president says that there are miles of barbed wire fence, and much of it monitored by cameras. >> they are an investigative tool that after the fact you go the look. >> and as for the teenaged stowaway boy, he said that he remained there throughout the five-hour flight to maui while

losing consciously and experiencing limited oxygen in what is a type of hibernation. at his home in santa clara, officials did not want to talk to affiliate kntv and now the congressman for the district wants a nationwide study on the security surrounding airports. >> perhaps we will find that most of the airports do not have perimeters that could easily be breached, but certainly san jose something went wrong and it can't happen again. >> and the teen told the authorities that he ran away after a family argument, but the police sources say that he may have been trying to fly to africa to find relatives there, because he is a juvenile, we don't know the exact location right now, but social workers in hawaii are working to get him back home to california. >> so, can taking ibuprofen make you sick? a brand new study says that the drug can cause celiac disease or gluten sensitivity and can even lead to death.

we will talk to a doctor about who is most at risk. and plus this -- >> once the reforms go into effect, we expect to receive thousands of additional applications for clemency. >> the justice department is preparing for an unprecedented campaign to free nonviolent drug offenders, but can you get a fair shot under the law? and this is what is happening on earth day, april 22nd. elizabeth warren is releasing a memoir called "fighting chance" but the democrat insists she is not running for president in 2016. and the mother of martin is speaking out at kansas state university tonight. ♪ i know a thing about an ira

♪ and i got the tools ♪ to do it my way ♪ i got a lock on equities ♪ that's why i'm type e ♪ ♪ that's why i'm tyyyyype eeeee, ♪ ♪ i can do it all from my mobile phone ♪ ♪ that's why i'm tyyyyype eeeee, ♪ ♪ if i need some help i'm not alone ♪ ♪ we're all tyyyyype eeeee, ♪ ♪ we've got a place that we call home ♪ ♪ we're all type e ♪

salesgets up to 795 highwayal is the passamiles per tank.sel salesperson #2: actually, we're throwing in a $1,000 fuel reward card. we've never done that. that's why there's never been a better time to buy a passat tdi clean diesel. husband: so it's like two deals in one? salesperson #2: exactly. avo: during the first ever volkswagen tdi clean diesel event, get a great deal on a passat tdi, that gets up to 795 highway miles per tank.

and get a $1,000 fuel reward card. it's like two deals in one. hurry in and get a $1,000 fuel reward card and 0.9% apr for 60 months on tdi models. we are the thinkers. the job jugglers. the up all-nighters. and the ones who turn ideas into action. we've made our passions our life's work. we strive for the moments where we can say, "i did it!" ♪ we are entrepreneurs who started it all... with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners. and we're here to help start yours. >> they are one of the most popular drugs that people reach for when they have a headache, back pain or arthritis, and now new worries surrounding drugs like ibuprofen and aspirin and

recently an analysis of the drugs dating back 20 years snow that these drugs may increase your chances of intestinal problems and celiac disease which is also known as the leaky gut syndrome. and joining us is the doctor in charge of celiac research at massachusetts jgeneral hospital and also the author of a book entitled "gluten e freedom." and so all of these drugs are common, and so looking back at the studies of 20 years ago, didn't we know that products like these can be irritating? >> yes, good morning, betty, first of all, but these drugs not taken for prolonged period of time is fine, but they can irritate the intestine to destroy the mew kos to protect frus the invaders of the environment. and these drugs make the

intestine leakier, and so food stuff can come through the undigested and set up a immune response if you are genetically predisposed to gluten or celiac disease. >> and so this will destroy the lining and lead to disease and gluten sensitivity? >> yes, under normal circumstances, there are a lot of substances that come through the guts and some of them are friends like food stuff or foes like bacteria that can harm us, but even friends like the proteins of the food like gluten when they come through undigested, it can set up a immune response that leads to the collateral damage which is inflammation, and if you are to develop a immune response, you can have a number of reactions, and that is why it is so important to maintain a good function of the intestine. >> do you believe that there is a direct linkage of aspirin and

ibuprofen to celiac disease? >> well, we don't have the undisputed proof with links to ibuprofen and aspirin, but we know it is a crucial step to develop iing the celiac disease so it is technically possible if we don't have the well designed prolonged studies that prove that is the case. >> and here is the problem, because it is also shown that these drugs can cause damage when taken in conjunction with exercise and explain how that happens, because people do exercise regularly, and they need the drugs the control the pain. >> yes, exercise, particularly prolonged exercise can inkrecre irritability, and it is byproducts of the prolonged exercise like yesterday with the for example the boston marathon, and that is well studied, but if you add on top of the prolonged

exercise, the use of this drugs, and now you have an additive effect, and the double-digit if you wish to increase the permeability of the intestines to put you more at risk. but we are talking about prolonged exercise and e prolonged use of these drugs. >> so not to be alarmed yet, and we see a linkage, but it is not a definite at this point. >> acome et ploo i will agree. so if you have a regular exercise and everybody does and should have, and once in a while, you take the painkiller because your joint aches, that is just fine. but if you exercise strenuously for hours a day as professional athletes and regularly, you take the steroid from this family of drugs, that can be a problem. >> thank you, doctor, for breaking it down and we appreciate your insight. >> my pleasure.

and when it comes to the tea party, some republicans say they have the edge in a series of primaries, but the democrats are also trying to influence those outcome outcomes. we will speak with msnbc's editor mark murray next. and a leopard on the loose. the frightening video is one that we are following around "newsnation." ke us look like amateurs. so i'm living in a world of tiny sweaters and dolphins and weird greasy mystery stains. i'm gonna get you. but this new tide ultra stain release has a crazy amount of cleaning power and a pre-treat zap! cap that helps me get out pretty much any stain. can i help? aww. just kidding. she got me. [ female announcer ] now with new tide ultra stain release you can help remove 99% of everyday stains.

[ female announcer ] now with new tide ultra stain release that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance

is slowing down the entire organization. i'm looking at you phone company dsl. go to comcastbusiness.com/ checkyourspeed. if we can't offer faster speeds or save you money we'll give you $150. comcast business built for business. (music) defiance is in our bones. defiance never grows old. citracal maximum.

calcium citrate plus d. the expedia app helps you save with mobile-exclusive deals download the expedia app text expedia to 75309 expedia, find yours authorities in chicago are taking unprecedented steps to combat the crime plaguing the city. the auoffice in chicago is announcing it is creating a new crime violence group because nine people were killed over the weekend. the rally was attended by chicago mayor rahm emanuel. >> and any child where that laughter has been replaced by the familiarity of gun violence has had their childhood taken

from them. >> we can't let the rise in temperature predict the forecast of the rise of violence on the streets of chicago. >> i am not going to hide in my house. i'm not going to do it. i can't afford to do it. >> and all right. let me bring in gregory tatum, organize over the national summit review. thank you, betty and shalom. >> let me ask you about the task force to combat street violence and how much of an impact will that have? >> well, it depends how much you invol involve. if you don't involve the community, you will be wasting your time, and you need to involve the clergy and the commu community leaders and the schoolteachers and so it is the whole community involved to have this accomplished. >> and chicago's police superintendent said he is tired of the violence and like so many of the residents there, and listen to what he had to say. >> i can't sit here and tell you that we are doing that much better when we have a weekend like we just had, and it is the

fact. and we are going to keep doing what we are doing which is to have an impact like we are having, and we have arrests over the weekend and officers out there working hard and seizing the guns. >> and msnbc.com has a new article as well taking a in-depth look at all of this, and 16 people were shot in chicago on easter sunday alone. gregory, why are we seeing so much violence there? >> well, i would like to say from the spiritual standpoint that we are dealing with the spirit of murder in chicago, and you must remember that it has an aura of the al capone days still hovering over chicago. the bible talks about in the last days, because inequity of the sin of many who wax of coal, and you can see that the kids are desensitized by watching the the videos and using a lots of violence, and we have to go right back to the home, and right with the parents. i place that responsibility of trying to train our youth at an

early age about respect, and about respecting each other, and we have to go back to the home. that is one of the plans that we have for chicago, and i welcome the mayor and the superintendent gary mccarthy to try some of the things that we would like to try to implement in chicago as well as the nation. >> all right. gregory tatum, thank you so much for what you are doing, and thank you for joining us today. >> thank you. and a now to a round of politics and a crucial round of primaries beginning in two weeks from today, control of congress is at stake, and it with the future of president obama's legislative agenda in the last two years in office. on may 6th, voters go to the polls in indiana, north carolina and ohio and things could get especially interesting in north carolina where the establishment candidate tom tim tillis has th advantage, but he faces a crowded field that could send the race into a runoff. and making things more difficult

for the gop front-runner, senator kay hagan, a democrat is trying to stir it up by putting out this radio ad. >> politicians -- these days you have to watch them close, real close. here's republican senate candidate thom tillis describing obama care. >> it is a great idea. >> a that is right, he called obamacare a great idea. >> and joining me live with more on the upcoming primaries is msnbc's political editor mark m murray. good to see you. >> hey, betty. >> in the first read today, you call these primaries a test for the tea party, and why do the so-called establishment candidates hold the edge in so many of these races? >> well, a lot of it has to do with the money that the establishment candidates are receiving and giving them a very big win. the other thing is that the people kind of remember what has happened in the past in 2010 and 2012 when the republicans eventually ended up losing some general election senate contest, because the more unelectable person ended up winning in the

primary season, and the republicans are trying to prevent that from happening again, and, you know, you just mentioned that the battle for senate control is hanging in the balance come november, and one of the big forces that are at play are the republican p primaries, and do the republicans get the better general election candidate or end up nominate inging a flawed person who the democrats could can end up defeating in novem r november. >> well, mark in the last few weeks we have seen how the white house has tried to flip the script in health care and pointing to bert than expected enrollment numbers and encouraging new estimates about the cost of the law, and the president has called on democrats to stnd by the law, and will the affordable care act continue to be a top issue as far as the gop candidates are concerned though? >> well, it is something that the republicans are going to be talking about, and we have seen the democrats talk about it, and sometimes they have been embracing the health care law, which they didn't over the two

or three months when the website woes were a big problem for the party, and there is one in particular supporting mark begich, the democratic senator from alaska, and it profiles a cancer survivor who says she was denied health insurance in the pa past, because of a pre-existing condition, and because of mark begich and the democrats she has health insurance, and that is one side where the democrats are starting to embrace the health care law, and it is a story for us to watch this the months ahead. >> and speaking of the months ahead, let's look forward for a moment to may 20th to be exact when half a dozen states will hold primaries including kentucky. and mitch mcconnell has been a constant target of the tea party, and has he been damaged at all by the primary mitch mcconnell, and seeing the damage play out? >> well, he has the advantage in the race against the tea party challenger matt devin, and of course, the things can change, because we have a month to go in the contest, but mitch mcconnell given the money advantage and the institutional roots in kentucky seems to have the edge right now, betty, and in fact,

mitch mcconnell's biggest challenge might be the election where alison grimes, the democrat is going to be facing the winner of that republican primary on may 20th. >> all right. we appreciate all of the insight every time we see you, and thank you so much for joining us today. >> thank you. and thousands of drug offenders currently in priz sso are expect odd to be eligible for reduced sentences under the new clemency guidelines announced yesterday by attorney general eric holder. >> there are still too many people in federal prison who were sentenced under the old regime, and as a result, they will have to spend far more time in prison than they would if sentenced today for exactly the same crime. it is simply not right. >> and the exact criteria for reduced sentences will be announced later in the week, and all of this would apply to the nonviolent drug offenders and joining me live now to talk more about this is mary price, the general counsel for families against the mandatory minimums and a national organization

working to reform the mandatory minimum sentencing laws for the nonviolent offenses. >> thank you, betty, for having me join you. >> absolutely. and what is the reaction for attorney general eric holder's announcement? >> well, we are delighted, obvio obviously, because my organization and others have been working for years to reform the federal sentencing and take a hard look at how the pardon office handles the requests for clemency, and those are for pardons and the communetation of sentences that can be granted by the president. so we are very happy to hear the announcement, and we are looking forward to help out. >> this is all part of the obama's a administration ongoing push to real evaluate the drug sentences imposed under old federal guidelines. you remember that the president signed the fair sentencing act which is designed to reduce the d

disparity of powdered crack and other drugs? will it affect this law? >> yes, many of the people who are in prison now, they would be sentenced to much shorter terms than someone who is sentenced now. so if you look at that, they will see people who enter after they entered and they are leaving before they are eligible to leave. so people who are serving the sentences long repudiated whether by congress or by federal law, or by the department of justice which is choosing also to change its charging practices in recognition of the fact that charges often lead to unduly sentences for the nonviolent drug offenders. >> and work is under way to lead to that change, and congress is discussing bipartisan legislation to cut the minimum sentences by half, and give the judges more sentencing discretion, and retroactively apply new standard s s to those

sentenced previously, but some say that more lenient sentences would reverse the drop in crime as seen in recent decades. do you believe that? >> no, not at all. we have seen 17 states reduce the reliance on incarceration, and many of the crime rates have not gone up, but declined. the evidence is clear from the laboratory of the justice criminal reform that the states have told us that we can reduce the reliance of incarceration which we have used as a culture to be amendable to reform people who are locked up. we are delighted. we think that argument is wrong and i think that we will prove it wrong by hopefully getting these reforms passed and showing that we are a safer society when we are spending money to lock people up who should be locked up and not anybody who offends us in some fashion. >> thank you, mary price, for joining us today. >> thank you for having me.

and why a u.s. marshall shot and killed a suspected gang member inside of a courtroom. it is one of the stories we are following. >> and a new study finds that lgbt parents face bias in child custody disputes, and many of the judges are using the sexual orientation as a deciding factor, but what does science say about the same sex parenting? the author of the report is going to join me live. and it is time for your business entrepreneur of the week. mark fuller left his job as a disney imageteer to found a new company that has created fountainworks which can be seen anywhere from las vegas to dubai. ould be ould be one thing i've learned is my philosophy is real simple american express open forum is an on-line community,

that helps our members connect and share ideas to make smart business decisions. if you mess up, fess up. be your partners best partner. we built it for our members, but it's open for everyone. there's not one way to do something. no details too small. american express open forum. this is what membership is. this is what membership does. life with crohn's disease ois a daily game of "what if's". what if my abdominal pain and cramps come back? what if the plane gets delayed? what if i can't hide my symptoms? what if? but what if the most important question is the one you're not asking? what if the underlying cause of your symptoms is damaging inflammation? for help getting the answers you need,

talk to your doctor and visit crohnsandcolitisinfo.com to get your complimentary q&a book, with information from experts on your condition.

add vanishing deductible from nationwide insurance and get $100 off for every year of safe driving. we put members first. join the nation. ♪ nationwide is on your side welcome back everybody. a suspected gang member shot to death inside of a utah courtroom is topping the stories around the nation to dday. witnesses say that he lunged at the witness stand with a pen, and he was facing charges of assault and conspiracy, and the witness on the stand was conspiracy. the man on the stand was testifying about gangs and how they are formed. and a man is out on bail in

connection to a domestic violent incident in his home. keyshawn johnson said that though the true facts will come out as part of the true legal process, i can say now without hesitation that i did not hit, grab, nor strike jennifer and nor would i touch her or any woman in anger. and take a look at this dramatic video from western india, a leopard leaping at frightened people on the roof of a village home. and the animal made it into the streets before the forestry officials caught that animal and released it back into the wild. all is well. a new report out of drexel university reports that bias and discrimination may be playing a bigger part than we thought in custody battles at least when it comes to lgbt parents. it seems that the deciding factor is not what is best for the child, but the sexual

orientation of one of the parent s. the report concludes that the courts often ignore scientific research on the gay parenting. emily hanie caron is a phd author and one of the authorities of the study and joins me today from philadelphia. >> thank you for having me. >> and we have seen a huge shift in the equality of marriage with more and more states legalizing same-sex marriage and the landmark legislation, so with that said, how is this new landscape playing out in the cu custody courts? >> that is a great question. traditionally the judges have been concerned with the parent sexual orientation in making decisions and the judges have assumed that being raised by a gay or lesbian parent would be harmful to the child so they have been more likely to favor a heterosexual parent, but recently the judges are moving away from the mindset, and many judges have decided to really disregard the sexual orientation in custody decisions as a f

factor. but however, many courts and judges are considering sexual orientation as a fac to, and assuming that being raised by a gay or lesbian parent may not be in the best interest of the child. >> and okay. let's get down to the facts. what does social science say about gay parenting and are the courts unaware of this research? >> so, we really reviewed the research literature out there, and some of these are older studies that have been around for a long time, and some of them are newer, but when you take them as a whole, it is pretty clear to believe that there is no reason to believe that gay and lesbian parents are less capable as parents than the heterosexual peers, and so when we look at the data, the gay and lesbian parents are doing just as well at raising children as heterosexual parents, and the children are having equally good outcomes and the courts are not considering the research to make the decision. >> why is that? >> well, you know, it might be partly that courts just aren't aware of it. it might be partly that they are

just not convinced by the research or they may not believe it applies in a particular case, but what we can really see is that based on the research, there is no real reason to assume that the parent's sexual orientation may be relevant to determining the best interest of a child. >> all right. thank you for breaking it down for us, and we appreciate your joining us today. >> great. thanks. >> up next, brian williams' hilarious rap to a 1990s hit song, and you have osee this. it is one of the things that we thought you should know. and palochol? yes, alcohol in powder form, and the makers are trying to get federal approval. should it be allowed? it is the "newsnation" gut check. something to share? what if a photo could build that shelf you've always wanted? or fix a leaky faucet? or even give you your saturday back? the new snapfix app revolutionizes local service. just snap a photo and angie's list coordinates a

top-rated provider to do the work on your schedule. the app makes it easy. the power of angie's list makes it work. download snapfix for free.

(dad) just feather it out. (son) ok. feather it out. (dad) all right. that's ok. (dad) put it in second, put it in second. (dad) slow it down. put the clutch in, break it, break it. (dad) just like i showed you. dad, you didn't show me, you showed him. dad, he's gonna wreck the car! (dad) he's not gonna wreck the car. (dad) no fighting in the road, please. (dad) put your blinker on. (son) you didn't even give me a chance! (dad) ok. (mom vo) we got the new subaru because nothing could break our old one. (dad) ok. (son) what the heck? let go of my seat! (mom vo) i hope the same goes for my husband. (dad) you guys are doing a great job. seriously. (announcer) love a car that lasts. love. it's what makes a subaru, a subaru. we invite you to join news nation on twitter. find our twitter page at news nation. there's a lot going on this morning. here are some things we thought you should know.

george h.w. bush is helping the republican party to raise money to help take back the senate in the midterms. for a limited time you can donate $35 or more to the republican national committee and get a pair of socks designed exclusively by the 41st president himself. his signature is sewn into the colorful stripes, he is known for his love of crazy socks. new jersey governor chris christie has been named father of the year. the national father's day and mother's day council gave him that honor. he has four children and when he told his kids about the award, quote, they had a good laugh. it's become a tradition on "tonight show" with jimmy fallon, he put together clips of brian williams to make it look like he was rapping the snoop dogg classic ginn and juice. >> ♪

♪ rolling down the street ♪ with my mind on my money and money on my mind ♪ >> and those are things we thought you should know. time for the "news nation" gut check. controversy is brewing over something call powcohol. it comes in a packet and when you mix it with water you have a instant cocktail. some people say it could be very dangerous. here's nbc's kerry sanders. >> reporter: at the baseball game you can enjoy a beer with a base hit or a daquiri with a doubleheader, for many the idea of a powder that creates an instant cocktail sounds like a home run. just add it to water and stir. for some the appeal is it's

convenient. >> it's alcohol so you put it together and you have -- look at your mouth. you like that idea? >> reporter: for others the problem is it's convenient. >> i think it's a bad idea. these kids can pick it up anywhere -- >> it has a margarita and kos month poll tan and lemon drop flavor. the powder product cleared an important government hurdle but on monday the federal agency that okayed it for sale reversed course because of labeling. >> the air opens up the mine. >> but the creator says he remains optimistic and tells nbc news, the label issue doesn't mean that palcohol isn't is prove, the labels aren't approved. industry experts say palcohol

could be a game changer. >> the traditional wine and spirits companies, this is a serious threat to their business. >> reporter: the idea of a powdered alcohol has mothers against drunk driving worried. >> it's undetectible. >> reporter: the makers are experimenting with adding it to food but have yet to understand its potential. they also warn not to snort the powder, it's not a responsible or smart way to use the product. as for potential customers there's no shortage of ideas. >> take it on a cruise. >> plane or train. >> traveling, camping. >> take to the ballet. >> reporter: if the final government gives its final approval states have to sign off before being sold and only available to adults 21 and over. what does your gut tell you? do you think the federal government should approve

powdered alcohol? take a look what "news nation" is saying about yesterday's gut check. a pennsylvania high school senior suspended for three days for asking miss america during a school assembly to go to prom with him. well the school had told the student not to do it but he did it anyways. we asked if he should have as you say suspended. he still doesn't have a date to the prom. you can catch "news nation" every day on msnbc. up next, "andrea mitchell reports," the winner of the boston marathon joins andrea next. i'm type e.

my golden years will not just be gold plated. i had 3 different 401(k)s. e*trade offers rollover options and a retirement planning calculator. now i know "when" i'm going to retire. not "if."

constipated? .yea dulcolax tablets can cause cramps but not phillips. it has magnesium and works more naturally than stimulant laxatives. for gentle cramp free relief of occasional constipation that works! mmm mmm live the regular life. we are the thinkers. the job jugglers. the up all-nighters. and the ones who turn ideas into action. we've made our passions our life's work. we strive for the moments where we can say, "i did it!" ♪ we are entrepreneurs who started it all... with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners. and we're here to help start yours. right now on "andrea mitchell reports", affirmative action upset, the supreme court upholds a michigan state law

banning affirmative action in public universities. we'll have pete williams with the ramifications. plus today's big argument about the future of how you watch tv. who are those masked men vice president biden has no doubt. >> we call on russia to stop supporting men hiding behind masks in unmarked uniforms sewing unrest in evastern ukraine. did the teen stoeaway really across the pacific in the wheel well of the jet? some experts are raising doubts. final moments outrage and grief stricken family are left wondering why most of the crew survived and children were trapped below the deck. >> the very first emergency call from the ferry was made not by the crew but by a very frightened young boy who rang police saying, save us, i'm on a

ship and i think it's sinking. run, meb, run. >> his name is meb keflezighi who knows a good photo opportunity when he sees it come. there's the line. he's across. he's the first american man to win the boston marathon since 1983 and what a year he chose. the oldest elite winner since 1930, the victor, meb keflezighi joins us live on his remarkable road to the finish line. >> this is for the people, for the boston strong. and honey bri bri is back. what does jimmy fallon have up his sleeve this time for the rapping news anchor. >> what about some early pre-hearing loss foxy brown,