work are entitled to both flexibility and fair pay. it's not either or, it's both. >> she sounded like she didn't work for it. it sounded like she did inherit it. terry o'neill, good to have you with us tonight. i'm ed shultz, politics nation with reverend al sharp ton right now. >> thanks to you for tuning in. tonight's lead, a devastating blow for equal opportunity. today, the supreme court upheld michigan's ban on affirmative action on public colleges. the 6-2 decision sets a dangerous precedent on protecting minorities, and it has wide reaching implications for race in america. the court ruled that michigan did not violate the constitution when its voters banned affirmative action back in 2006. judge anthony kennedy wrote for

the majority, saying, quote, this case is not about how the debate about racial preferences should be resolved, it's about who may resolve it. but justice sotomayor wrote a blistering dissent saying race still matters. the way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race and to apply the constitution with eyes open to the unfortunate affect of semplryes of racial discrimination. we ought not sit back and wish away rather than confront the racial inequality that exists in society. she went on to write that her colleagues were, quote, out of touch with reality.

at the university of michigan, we're already seeing the consequences where black enrollment has falling. and michigan isn't alone. eight states now have bans on affirmative action in higher education. today's decision clears the way for many more to join them. and it rips open disturbing questions about diversity and opportunity in america. if race can be voted out as a factor in education, what's next? joining me now the president and director council of the naacp legal defense fund and education fund, and jeffrey rosen, professor at george washington law school. and president and doctor eo of the national constitution center. thank you both for being here tonight. >> thanks for having me. >> let me go to you first, i

mean, you've helped lead this fight for diversity in higher education. what's your reaction to today's ruling? >> well, obviously, i'm disappointed in today's decision, not entirely surprised, but disappointed. i do want to dial back the predictions of, you know, devastation, because it's very important that we recognize what did not happen today as well as what did happen today. what did not happen today is that the supreme court left untouched its decision from 2003 in the grutter case, meaning that affirmative action is still alive and well. what the supreme court did do today was it did say that it is constitutional for a state, as in the case of michigan to essentially require those who are seeking to ensure that this is opportunity and access and inclusion of racial minority, ethnic minorities and national origin minorities at university of michigan to essentially, if they want to influence that process and have race or any of those factors be considered, they would have to actually

amend the constitution to overcome this referendum. but if you are a representative of the university's alumni association, if you are a representative of athletes and you want those considerations to weigh more heavily on the admissions process, you can simply lobby, use your influence, engage in the political process like any other group. only if you want race, national origin or ethnicity to be considered do you have to face this constitutional hurdle. our federal constitution that stops voters in a state from being able to create this higher hurdle for those who are trying to press for opportunity and access when it's based on race, national origin or ethnicity. >> maybe you can tell me, essentially, it does not define

where race and race is, but it does give authority for the states to vote with referendums within race and puts it on people that have my feeling that they need to get referendums and mobilize to put race back in. which is an awesome task. but it leaves the door open. >> that's a good way to put it reverend. it's not a surprise nor does it change the legal status quo. it does not revisit the decisions that say affirmative action is permitted. however, it says it's not constitutionally required. the long history of attempts to circumvent formal guarantees of racial equality and she says we can't close our eyes to what's really going on in terms of minority enrollment.

however, the cases on which she was relying, decided mostly in the 60s and '70s have been so narrowed by the supreme court that court watchers are not surprised really that they weren't relied on here. justices scalia and thomas wanted to overrule the decisions that say when a decision is clearly intended to and has the effect of injuring minorities then you can't decide it at the state level. justice kennedy and justice roberts and justice alito wanted to preserve those decisions. they just said it's not clear that bans on affirmative action harms minorities. it was very interesting that justice stephen brier, a liberal justice joined the conservatives in this respect. he cares a lot about democracy. and he said look, basically liberals are going to be better putting their faith in the ballot box than not. i think because the people decided to ban it here, the courts should defer. it doesn't change the status quo that much.

when this case was first heard in the court last october, i was inside justice scalia made the comment that really took me by surprise. i know you all are veteran court watchers. >> we've held that the 14th amendment protects all races. i thought we rejected that. >> only the blacks. it was startling. when you look at the fallout, here's the impact on the ban of affirmative action at the university of michigan. in the year before the ban, the school's freshman class was 7% african-american. the year after the ban, it fell to 5%. the same pattern in california at berkeley.

before affirmative action ban, the freshman class was at 14% african-american. the year after the ban, it fell all the way to 9%. so even though this court has not made a decision in terms of race, it now has opened the door to other states now that could now put up referendums and really ban race by using referendums which this court has now opened the door wide to, which makes voting even more imperative, because you can have a state by state banning of race. and never have to have the supreme court do it now. >> reverend sharpton, i think your point is very well taken. and that is why voters have to be awake and alert to the kind of rhetoric that's going to be used as was used in michigan. the disinformation, the fear mongering, the idea of, you know, others coming in, to take

what is ours. . the idea of demonizing minorities which is ill equipped to take their place at university level. and i think we have to extrapolate the figures that you gave. the university of maryland educates most of the leaders in maryland. the general assembly in maryland, if you look at upswards of 90% of the judges on alabama's appellate court went through the university of alabama system. 07% of the legislators went through the university of florida system. those state institutions are educating the leaders of tomorrow. i want to create a diverse learning environment for the leards that they're developing tomorrow.

it's the future leaderership within the states in this country that is at peril. when you rook at the court, it has a history of decisions that negatively impact minorities. they limited rats today they upheld michigan's affirmative action ban. this court has a pattern that is disturbing at best. >> it's absolutely true, reverend sharpton, the conservatives on the roberts court embrace a vision of color blindness that's not sympathetic to any kind of racial classi classificati classification, even those intended to help minority. and that sort of decision inspired passionate dissents saying they were ignoring history and that really finally

when minorities get a break, when they have universities or state legislatures to enact policies in their favor, then the conservative courts strike them down. that's what made this court -- this case so interesting, even someone like justice brier, who wrote a 77-page dissent from the court's decision striking down affirmative action a few years ago said this case is different. i really feel that he said that as long as these decisions are made democratically, school boards should be allowed to adopt affirmative action as many are doing, but if the people of the state want to ban it, nen the constitution doesn't speak to that. that's why sherrilynn is so correct, it's important to stress the effectiveness of these policies and every time the court has tried to ban affirmative action, state legislatures and university have tried to uphold it.

now they need to convince the people of each state that these policies are necessary. the polls are quite close on this. so i think there is a fighting chance. there's no reason -- >> it's gong to have to be a fight, though. and these referendums can pop-up everywhere. it's going to take a lot of mobilization. let's not forget in civil rights, this was an initiative in michigan. a lot of people voted for it, thinking they were voting for affirmative action and in fact, it wasn't because it was entitled the civil rights initialive. >> voters will have to be alert and awake to recognize that this will be wrapped in the cotton wool of color blindness and will be described as civil rights initiative, but this is what it means. and this is why justice sotomay sotomayor's dissent is so important. i challenge your viewers to read her dissent. what she has done is she has articulated a reality that is too rarely spoken in the public domain and certainly by leaders.

and her insis tense that we deal with the reality of race, recognizing all the progress that we've made, we've made extraordinary progress, but she articulates a very powerful personal -- not personal to her, but a recognition of the way race plays out in the lives of real people in this country. jeff justice' roberts articulation stop discriminating. it offers a powerful narrative that counters what she would regard as a kind of fantasy land of race that the majority engages in. there is a difference between those who say color blindness

and those that cover their eyes intentionally. thank you both for your time tonight. >> thank you, reverend sharpton. ahead, a new sign of the republican vision that guts from the poor to give to the rich is widening the inequality gap. plus, senator elizabeth warren is fighting back, blasting a republican congress, fighting for corporations that keep the playing field ditilted in their favor. plus, the obama care fight democrats are going on offense, as new numbers reveal it's very popular in very red states. and the obama administration makes a big move forward on correcting the injustices of our legal system. we hear this woman's remarkable story of hope. it's a big show tonight. please stay with us. ♪ i know a thing about an ira

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and valiant knights stood watch for the kingdom was vast and monsters lurked in the deep and the good queen showed the boy it could all be real avo: all of great britain, all in one place book on expedia before april 30th and save up to thirty percent. today, another stark reminder of the growing divide between the rich and everyone else in this country. "the new york times" reports the american middle class is no longer the world's richest.

instead of being the backbone of this country, american families are paying a steep price for high and rising income inequality. that's right, in this country, the rich keep getting richer but the middle class is struggling. and the poor, they're just barely getting by. and yet, the gop's sole priority seems to be protecting the top 1%from paying their fair share. >> the economy needs the certainty of the current tax rates. >> don't raise taxes on small businesses because they're our job creators. >> protect the 1%. i mean job creators. but as for everyone else? well, parentally they're on their own. back in december, house republicans cut off the extension of unemployment benefits. back then, $1.3 million

americans lost vital assistance. but that was just the beginning. democrats on the house ways and means committee have unveiled a running clock to show the growing number of people affected by the gop's heartlessness. as of today, more than 2.5 million americans have lost jobless benefits. it certainly makes you wonder why do the rich deserve a hand up and not these people. >> i just wish there was work. >> a cut in unemployment benefits takes hold, making it even tougher for those who are out of work. >> there's a lot of people looking for work and not enough jobs to go around. >> sam is one of 355,000 michig michiganders who can't find work. >> next month is it, i'm done. >> sandra's unemployment payments are set to run out soon. whenever she afford the gas to make it into town, she spends

the day here at the colorado workforce center searching desperately. >> you feel like the biggest failure. you feel like the biggest loser that walked the face of the earth. >> joining me now donna edwards and jared bernstein, former chief economist for vice president biden. thank you for come option the show. congresswoman edwards, let me start with you. "the new york times" report is alarming. there is a growing income inequality crisis in this country. how much do republican policies factor into it? >> well, you only have to look at the republican budget, the latest ryan budget that makes middle class families pay an additional $2,000 in taxes and cuts $200,000 in taxes for millionaires. and so their policies really speak for themselves. cuts in medicare, in education, in head start. i mean, the list is long. and that goes right at the heart of the middle class.

not only do we not want education benefits anymore for middle class families, but also not extending unemployment benefits, a budget that says we're going to reward the millionaires and we're going to punish people who just get up and try to get up every single day and go to work for a living. >> jared, the gop talks about creating solutions to help the economy, but why don't they back solutions that already work? just look at the extension of unemployment benefits. each $1 of unemployment benefits generates $1.5 55 of activity. people put this right back into the economy. why are 2.5 million people without benefits? >> it's a great question. and you actually made a point that i was going to make. let me underscore it. when you increase the extended

period for which people can get unemployment benefits, one of the things you do is, of course, help them. we have never had such high long-term unemployment rates for so long. and every time we have had rates anywhere near what they are today, congress has extended such benefits. so it'sunprecedented for them to cut it out. at the macro level, there are multiplier effects. because guess what, unemployed folks go out and spend the money. that helps on the growth side. to answer your question, i thought congresswoman edwards said it quite eloquently. there is a real serious lack of consciousness, lass of empathy, lack of understanding. the idea that you can kind of walk in the other guy or gal's shoes and understand what middle and low income people are going through is very foreign to many of these members. while they seem to be extremely tuned into what millionaires need. >> you know, congresswoman, you talked about the republican budget. well, the architect of the

brutal gop budget, congressman ryan, we cently came under fire for this comment. listen to this. >> we have got this tail spin of culture in our inner cities in particular of men not working and just generations of men not even thinking about working. so there's a real culture problem here that has to be dealt with. >> we learned the other day that congressman ryan is going to meet less week with the congressional black caucus. what do you expect to come out of that meeting. >> the congressman said he was inarticulate. no, he wasn't. he was quite clear. he was just wrong, dead wrong. millions of people all across this country actually do go up and go to work. it doesn't matter what their culture is. the fact is that his budget is taking a sledge hammer to the middle class, hammering poor people and doing great damage to this nation. >> let me make a point about

that. let me just make one point about that. i got to weigh in here, because what representative ryan said, it really makes me angry in the following sense. he has no idea what a generation of men are thinking about, okay? he just doesn't know. i don't know either. neither does congresswoman edwards. we've not gone out and talked to a generation of men. what we do know is that they face an extremely tough job market. what we also know is that when they face a better job market, they do what anybody else does who wants to improve their lives and that of their families, they go to work. so to blame them for the fact that the economy hasn't been producing a welcoming job market for low-income people is completely upside down. >> that's a great point, jared. and we do know stereotyping when we hear it as well. you know, congresswoman, increasingly, democrats are pointing out the growing income inequality in this country. and senator elizabeth warren writes in her book, and i'm

going to read from it. today the game is rigged. rigged to work for those who have money and power. big corporations, hire armies of lobbyists to get billion dollar loopholes into the tax system and persuade their friends in congress to support laws that keep the playing field tilted in their favor. meanwhile, hardworking families are told that they'll just have to live with smaller dreams for their children. congresswoman? >> well, it's startling. she's right about that. the political system is rigged. and the supreme court is actually just exacerbated that by expanding ways that millionaires can participate in politics and sway the game and sway the market against working people. and so, you know, i think we have to fight back on this one. change the politics, change the dynamics and change the elected

class in this country so they really do understand, as jared pointed out, what it means to walk in someone else's shoes. >> congresswoman john edwards and jar ed bernstein, thank you for your time this evening. democrats are going on offense on health care and it could mean big trouble for republicans. i'll explain. >> plus, one day after president obama and attorney general holder took a powerful step forward in the fight for justice, i'll introduce you to a mother who's gained an incredible second chance thanks to them. all stations come over to mission a for a final go.

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mechanic from aurora who is hoping missouri expands medicaid. >> i'm a type 1 diabetic. i would like to be able to provide for my family. >> i'm in favor of the affordable care act, and i was excited when it came. i thought maybe i will finally be able to get insurance. >> but the most inexpensive plan costs as much as she makes in a month. >> she makes too much to qualify for medicaid, but too little to qualify for discounted plans in the marketplace. >> it just makes me feel like how am i supposed to get help? >> the help is right there waiting for her. the only thing standing in the way is politics. but today, more signs democrats are going on offense. that's next. cut! [bell rings] this...is jane. her long day on set starts with shoulder pain...

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truck of the year and first ever back-to-back champion. guts. glory. ram. >> i don't think we should apologize for it. i don't think we should be defensive about it. i think there's a strong, good, right story to tell. >> the right story to tell on health care. and more democrats running for

office are starting to tell those stories. here's a new ad from pennsylvania's allison schwartz who is running for governor. >> i worked with president obama on the affordable care act and getting affordable health care to all americans. insurance companies can no longer deny coverage for kids with pre-existing conditions. as governor, i will take the medicaid expansion because 500,000 pennsylvanians need health coverage. >> she's going on offense. taking the governor to task for denying care to thousands of people. and he's not just in pennsylvania. in louisiana, a red state, democratic senator mary landrieu is slamming governor bobby jindhal for blocking the medicaid expansion. democratic groups and candidates from north carolina to michigan and kentucky are exposing the republican health care plan to

go back to the way things used to be. >> senate candidate thom tillis sides with health insurance companies. he let them deny coverage for pre-existing conditions. barr along with mitch mcconnell voted to end kynect to deny coverage and charge women more. >> with land, insurance companies will be able to deny you coverage when you get sick. women's access to preventive health care would be cut while their costs would increase. >> republicans want to attack the law, and democrats are starting to make sure voters know. joining me now are richard wo wolffe. with more democrats going to take the president's devicadvic? >> it's striking that this is rare enough that we pay attention. at some point we're going to get

to the point where democrats are thinking like republicans. republicans have been terrified by the prospect of obama care really taking root in american culture. and what they're terrified by is that once you give people these benefits, just read charles krauthammer, once you give people these benefits they don't want them taken away. people say don't take away the coverage for pre-existing conditions. then you're seeing democrats take on this question of medicaid expansion. that's about people getting health care coverage. it's not about the expansion of a program. the next stage, the question is, does that happen before or after the midterms. it's going to happen by 2016. will democrats wake up to in 2014. >> you know, goldie, several red states are pushing a new plan to block the health care law. talking points memo reports, quote, under bills passed in georgia and kansas recently, even if a democratic candidate were to pull off an upset and take the governor's seat, they

would not be able to expand the medicaid program without the consent of the state legislature, which will almost certainly remain republican. now goldie, you live in georgia, what's your reaction to this? >> you know, governor deal has been ironically, the guy who would not expand medicaid coverage, but watched rural hospitals in the state close down. and so people under governor deal have less access to qual y quality, accessible health care in this state. the expansion of medicaid doesn't cost states but 10 cents on the dollar. why then would not a state expand medicate roles to include 130% of poverty, those people caught in the middle, those people who don't earn enough money for plans inside the marketplace but earn -- don't -- earn too much for the current medicaid allotment. and so i wonder why -- well, actually i know why this state legislature passed this kind of

legislation. it's because, you know, in georgia, at least, there is a competitive governor's race. jason carter is running a very strong race against governor deal who has faced some ethics charges on the other hand. >> and deal is the republican who will not expand medicaid. and if jason carter wins this race, the georgia legislature has already said even if you win, we're not going to let you expand medicaid. >> which changes the rules, richard. a new poll from public policy shows that support for medicaid expansion is there in georgia. 54% want medicaid expansion. in kansas, 52% support it. and 59% of pennsylvania residents are in favor. so most people in georgia and kansas want medicaid expansion. but the legislators are doubling down on blocking it. it can't last. >> i'm confused.

i've been hearing for years now how people hate affordable care act. here we have polls that have 20, 30-point advantage for the democratic position. that's what they call in high paid political consul ttancy, ao brainer. yeah, these state legislatures may be out of touch. maybe they don't care. but if you're running staid wide and you need to go to the middle, those numbers point in the right direction. . >> in arkansas, a red state, nearly 70% of those eligible to sign up for plans through the state's medicaid compromise, which is called private option, so they're signing up in a very red state. what does that say? >> the same thing happened in u kentucky where that democratic governor opened up the marketplace and nearly 500,000 additional people had access in

the state of kentucky. you've got rand paul, who is from kentucky, mitch mcconnell who is from kentucky, all fighting against this on the national level. when people in their very own state are getting the health care that they need because of this new cast of laws. and so you've got to wonder what's happening in states like arkansas, states like georgia, people are overindexing in terms of their polling in favor of medicaid expansion, in favor of wanting a marketplace. and by the way, when there's a marketplace, the premiums instied the marketplace fall. rather than having to go to the federal marketplace. so it makes the competition at the local level makes it cheaper. if republicans say they're about marketplaces and competition, let competition happen. >> the republican national committee is out with an ad going after the president for saying it's time to move on from the fight over the law. watch this. >> i know every american isn't going to agree with this law. but i think we can agree that it's well past time to move on.

>> we're seeing denials of care, disruptions in care. we're seeing a great deal of confusion and at times anger and frustration on the part of these families who bought insurance thinking that their children were going to be covered and they've, in fact, found it's a false promise. >> with 8 million people enrolled, isn't the republican argument tougher and tougher to make? >> 8 million, plus millions more in medicaid expansion. you and i both know the president isn't on the ball flot 2014 nor 2016. even the video makers no s know. they're making the bet that this fires up their base. and it's true, polls show that. democrats have to play something bigger. they have to pay to an expanded electora electorate, hoping those people will show up. the republicans are going small because they think this election is going to be decided skbrus by the base. >> thank you both for you time tonight. >> thank you, remverend. >> still ahead, developing news

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>> president obama and attorney general are continuing to fight for justice and second chances. the justice department announces it's broadening the criteria for certain nonviolent federal drug offenders seeking clemency. many of those impacted by this decision to will be men and women sentenced under harsh mandatory minimum guidelines. the sentencing laws that have been changed by president obama and congress. back in december, the president took a big step forward by kmupting the sentences of eight men and women, all serving time for nonviolent drug offenses. one of the computed sentences was for stephanie george. she was 26 years old. and a mother of three at the time of her arrest. she hid her ex-boyfriend's drugs in her house, a claim she denied. and she was sentenced to life in

prison. think about that. the rest of her life was to be behind bars for a nonviolent offense. but after 17 years in prison, stephanie found out her sentence was commuted by president obama on december 19 of last year. five days ago, she was released from jail. it was a remarkable home coming. now she's talking about her second chance on life and she doesn't plan on wasting a minute. joining me now is stephanie george. thank you so much for being here tonight. >> you're welcome, sir. >> what was your homecoming like last week, stephanie? >> it was marvelous. i can't even explain it in words. everybody was there, my whole family from my mother side to my father, friends, people i don't even know. they were so supportive of being

there for me. >> let me ask you, when president obama commuted your sentence, you got a call from your lawyer. what was your reaction? >> actually, i had been dealing with my lawyer from washington, d.c. one day i was always auls expecting that i would come home to my family. i got this call over to the laud spe speaker saying theyed needed to see me at the front office. when i got up there, i didn't understand why. and they said that i they needed to do a conference call and it needed to be recorded. so it never dawned on me that it was my attorney, because i have, like, multiple access for them contacting me.

so she never told me who it was that was calling. so when he called in she handed me the phone. and he said stephanie, this is tim, how are you? and i said i'm fine, tim, how are you? he said fine. he said i'm just calling to give you a little information about what's going on with your case. still never dawned on me what he was calling about, because we talked all the time. so he said that he had got some information that morning at 9:00 and we wanted to give it to me. and i was like what happened? and he said what were you doing just now? i said well, i was at the commissary spending money. and he laughed about it. he said well, you might want to save that money. and i said what's going on? he said i just wanted to call and let you know that i want you to have a merry christmas and a happy new year.

obama signed your computation. when i say that was the biggest day, i was stunned that i couldn't even speak. he was like stephanie, are you there? i said yes, i'm here, tim. and he said, i just want to wish you a merry christmas. and i was just crying and thanking him and praising god, you know? >> let me ask you something. 17 years and you're not a violent crime. sentenced to life. did you ever lose hope, stephanie? >> never. i never lost hope. >> what gave you hope? >> my family, praying, i have a very supportive family. when i said they really pitched in and kept my spirits up.

the judge in your case even disagreed with the sentence saying it didn't warrant a life sentence, but he had no choice because of the mandatory minimum guidelines. what was your response to that? >> i knew they wanted me to sentence me to life but i didn't believe they were giving me life for something so minor. and he asked the prosecutor and my attorney is there anything else they can do? and they were like no, it was part of the guidelines. and he couldn't go under it. >> you said your son was killed while you were away. and you don't hold any animosity or ill lil towards the killer of your son. >> you're right, sir.

i made that statement. my son was killed october of last year, my baby boy. and i know i have to be able to earn my blessings, i know i have to forgive people. but i can't even say i wish that on anybody, not even to do a little time, to go through the times that i've endured in prison. >> what are you going to do now that you're free? >> i'm trying to get back into society. it's very scary how things are changed. it's so different. even with me just going out to the store, it's so overwhelming.

i can't handle it. i get anxiety attacks. it's so weird, but i do want to speak out to america and let them know whow unjust the system is. >> mandatory life for a nonviolent crime, just hiding something. i thank you so much for coming on tonight and speaking up. stephanie george, thank you for being here and sharing your story. again, our condolences on your son. we'll be right back.

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but that would require wifi. switch to comcast business internet and get two wifi networks included. comcast business built for business. >> developing news tonight in the chris christie investigation, the new jersey committee issued four new subpoenas, testimony from christie aides. drewniak, patrick foye, the executive director of the port authority, christina renna, a former aide to governor christie and a port authority board member. we'll keep following this story. ♪ 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 ♪

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action at public colleges. two years ago, civil rights congressman john lewis talked about affirmative action on "meet the press." >> a simple process, a step to include people that have been left out and left behind. the anticipation of all american citizens, not just african-americans. but whites, latinos. we need a society based on simple justice. >> as i travel the country, many say to me, reverend al, why do we need government intervention? why do we need government laws to bring that about? because it was government laws that helped to make it unequal. these were not just customs of

certain segments of the country. it was the law that people couldn't go to higher schools of learning. it was the law that we couldn't use public accommodations. it was the law and enforced laws that made the playing field uneven. and the government must bring laws until the feel is even for everyone. the government must undo what the government helped do. thanks for watching. i'm al sharpton. "hardball" starts right now. the supreme court strikes again. let's play "hardball." good evening, i'm joy reid 234 new york filling in for chris matthews. in a case that could have implications for other states around the tr