they have more voices on their side before they go to the supreme court. a couple things to bare in mind, it not coming to the supreme court this this term, which is dramatic enough with arizona immigration and the federal health care law. so the earlier it could come is next term, if it can make it that early. but, again, just because someone asked the u.s. supreme court to take the case, doesn't mean they will. and if the decision is a narrow one, there's less incentive for then to take the case. they have declared prop 8 unconstitutional. one other thing, i cannot imagine that it off the books for now, they will put a stay on this while the appeals continue, so that gay marriages cannot start up for now in california i think. >> what was the make up of the smaller group here that decided this on the ninth circuit, is there any reason to believe that backers here think they will get

more idealological favor eed judges on this. >> you start with a three-judge panel. it was a mix. you have one of the most liberal judges, and then you had a conservative judge and sort of moderate. so was fairly mixed. the ninth circuit is one of the more liberal courts of appeal in the country. there are conservatives, so going for the full ninth circuit may make sense for the backers of prop eight. but it was a mix on this decision. >> if you believe there's more that you feel we need to share, let us know. i assume you are happy about this decision, but, it was, it appears to be it's a narrow decision, it's a california

decision, not necessarily having to do with same-sex marriage as a whole. >> i think pete's quick analysis is the way we would see it. it's a day, right now a moment of excitement for members of our community because it community, because it affirming that same-sex couples have the right to marry who they love and are protected. even in the most narrow of rulings what this case and court would have found is that government has no role in discriminating against gays and lesbians according to their sexual orientation, so it propels this issue forward in a positive way. whether it be to you know, a larger panel at this next court or eventually it would go to the supreme woucourt.

even if it were to apply to the state of california, we would consider a victory. but the affirmation for theabilith theability to marry a american you love is the important point for us. >> would you want the supreme court to weigh in on this issue of same-sex marriage? because we are now getting to the point where there are going to be different laws in different states and at some point, having the federal government weigh in on this, is it going to be necessary? >> absolutely. i mean, i think that in many ways this case will be ripe for the supreme court, whether or not that means that a case about the discriminatory defense of marriage law would reach the supreme court first or not, that remains to be seen. there are other cases that may make their way to the court first. but it does look like this will

make its way to the supreme court eventually and it seems today with this ruling, serm certainly, the issues are being plated up in a way where the supreme court can take them, deconstruct them and rule in the favor of the loving couples that want to do nothing more than show their love and commitment to each other. >> thanks for coming on to talk about this breaking news. again, prop 8 is found unconstitutional as far as the state of california is concerned. we will have more on this in the next hour. we will our "daily fix," for two years, the president railed against the unlimited contributions and undisclosed donors of super pacs and it was a campaign trail staple in 20 . $2010. >> millions of dollars, you have

seen them from organizations. they hide behind front groups, you do not know who they are and who is funding them. these are not just a threat to democrats they are a threat to our democracy. >> the white house is taking the calculated risk of a flip flop calling on donors to give to the pro obama super pac and putting members of the president's inner circle in charge of that fundraising effort. chris is a managing editor of post politics.com and we will star our own, called the super fund. the calculated risk here. what went behind the thinking. did they look at the reports and their eyes fell out? >> i'll give you two numbers, $51 million and that is what american cross roads, $30 million is what restore our

future the romney super pac and $15 million, that is what all the democratic super pacs, that is priorities usa, that is what they all raised combined. they looked at those numbers and realized we are going to lose this fight. >> let's talk about the issue where you had a lot of democratic, you had major activists and donors and congressional democrats putting pressure to obama campaign to say, please flip flop, you are hurting, the argument was that the head of the party was railing against super pacs so they cannot raise money. that is where they had to have him flip flop. >> i agree. they made a decision to control all messaging in house. so they said do not give to any outside groups, give to us. that is why they raised $750

million, give only to us, because we want to control what barack obama is presenting to the american public. we do not want it fractured. the reality of the situation now is that you will have a well funded romney campaign and a well funded obama campaign, but if you have another group, american cross roads, you cannot have zero spent on the other side. >> oddly enough, it's a boon for the super pacs, becauit's legitimizing an opponent. >> absolutely. i read the articles and the point was made, i thought, i had not thought about that, i talked about someone in that world, and they said this is the best possible thing that could happen to us, because it verifies that they are for real and now you can say, president obama is

raising money from this other group, we need you guys to give. fascinating. >> so what happens to the $10 grandmother that gives money. >> chris, thank you, sir. >> the president is going to have to deal with the religious organizations have be to provide birth control. this is a full reversal to super pacs from the president. i've heard the disarm argument but what do you say to the $10 donor, does their money matter anymore? >> absolutely. and the sbierp -- the entire purpose is to make sure their donation matters. we are proud that 98% of our donors have given $250 or less,

they are not opening up offices in states and increasing enthusiasm. that is what super pacs are not doing. republicans are raising money in super pacs but you see the lack of enthusiasm, look at what is happening in colorado, that is a direct relation of who is giving. corporations are giving. on the democratic side, we have $1.3 million donors and those small doe mapnations are more important than ever. whether it's health care reform or wall street reform, there's too much at stake, i know you have heard the words disarm, but that happens to be the truth. we were not going to let that small donor be out numbered by

big donations. we are going to level the playing field, we should not be operating under two sets of rules. >> four years ago, the president said that if they would abide by the financial campaign rules, he would do that he reversed on. that he -- he has a stated policy on finance reform but when it comes down to it, he puts winning ahead of, is he putting winning ahead of his principals here? >> absolutely not. you know, after citizens united came out, i heard you were playing some video in the run up to this segment about the president out there talking about the need for disclosure in campaign finance and all the secret money was going to the republican side, that is sill the case. the president still believes that we should pass the disclose fact, you know the reality in the united states senate, you

know there was a unanimous republican filibuster against that. we have citizen's united that opened up a flood gate of money for republicans campaign, for one purpose, to defeat the principal. we still believe the system ought to be reformed but we are realistic about the world we are living in. we are not going in with one hand behind our back, we are going in to fight to win. >> are there guidelines that you are giving to priorities usa, are you asking them to do something that the law does not ask them to do. if they are at an event, we will know all the donors that came that night. is there something different that you'll be doing that the other side will not? >> we made clear that we will

only attend events for transparence -- >> it's a late disclosure, it's not instant. >> it's a disclosure under the law. and as you know, disclosure is a priority on our campaign too. if you, contrast that with what is happening on the other side, there's no disclosure, we have a republican nominee that is not disclosing where the money is coming from. we will continue to fight for disclosure, we are only demonstrating support and attending events for the side of prioritiesy iey ies usa that do disclose. >> what kind of feedback is the committee getting back from the hhs, that mandates that any religious organization has to provide birth control coverage in their health care plans, what

kind of feedback are you getting? is it mixed? >> well, overwhelmingly, it's reflective ofwhere public opinion is on this. that you know, 98% of women use birth control and most catholic women use birth control, this was debate that was decided long ago, that women should have access to this. there's enthusiasm that the president protected the women's health care. we carved out a exemption for churches as you know, and we are working with other institutions that are employed by all faiths, catholic hospitals and universities it not just catholic women that are impacted. we will find ways to ensure that women get the care that they

need in a way that works for these institutions. you know, 28 states already have laws on the books. many of which do not have a exemptions. thank you, for coming on. up next, how nervous is team romney about a santorum come-back today. we will check in with the romney campaign and today, in downtown new york city, thousands of new jersey football fans are hitting the streets to celebrate the new york giants super bowl win with a ticker-tape parade, and mayor bloomberg is awarding the key to the city that they the do not play in. i'm editorializing a lot. sorry. and the president took time to congratulate big blue on their big win today. >> i want to congratulate the new york giants and all their fans. i just talked to coach coughlin,

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well mitt romney won their caucus but they are down playing it with one hand and attacking santorum's campaign on the other. >> reporter: a religious rally on the stated capital -- >> a little video error there, apologizes for that. the senior adviser to the romney campaign, it's live television, we had breaking news on prop 8

thanks for coming in. what is so different today than four years ago, why do you want to pull a jedi mind trick on us and say pay no attention to these caucuses, these are not the caucus us you want tonight? >> we were all excited when we won minnesota and colorado, and it did not mean much, because there's no delegates at stake, what we are seeing here tonight is there's no delegates elected tonight, so the delegate count tomorrow will be the same as today which is governor romney is in the lead with 79 delegates and speaker gingrich 29 delegates and rick santorum at nine delegates. so there's no change. >> so we can make the same argument about iowa, it's the same issue. >> absolutely. and everyone makes the argument about iowa, here is the difference, iowa is first and they get a lot of attention, the

a amount of attention they get makes iowa different in how it's perceived. this is a night that we think, you know, it's important, we would like to win, we always want to win wherever we are competing, but tomorrow the delegate count is going to be exactly the same as it is today, we think it important to remember that. >> but i want ask you about the things that we could learn tonight, it's the activist community in minnesota and colorado. frankly it will be uber contest in the beauty contest in missouri, let's set missouri aside. being rejected by the party activists at this point in time, isn't this put the same issue at the romney, at your feet that you have had for six months, which is there's a lot of conservative activists who are not ready to sign up for romney as the nominee? >> well, you can kind of look at

it any way you want, or go back to where nevada picked governor romney by an overwhelming margin. >> have they finished counting yet in nevada? >> i think they did. and there's nothing, you know, tonight that says, you know, we think that, either, we are not declaring defeat by any stretch of the imagination, we want to do well, and we want to win and we hope we win. >> i want to ask you a question about rick santorum, he is going after governor romney for the criticism that they are hitting the obama administration on religious installations and mandating the coverage of birth control and insurance, and you've been on the record criticizing this decision, but senator santorum says, this is another flip flop for governor romney where in 2005, he said in his heart of hearts that he

thought receiving some of these birth control items trumped religious consciousness, what do you say to this and how do you tell conserves that now you are on this side of the issue? >> you have to look at what he did when he was governor of massachusetts, which is what the criticism is. he said that he would not, he would allow religious institutions to have, to do what they needed to do. and so i don't think that there's a flip flop here, though change in position here, governor romney i think has been incredibly consistent on this issue. >> but he mandated that said degr, you know, in certain circumstances, these hospitals and clinics had to use any form ones of birth control necessary. >> i don't think that was a mandate. i really don't, chuck. >> what did he mean by in his heart of hearts when it came to rape victims? >> i think he was talking about

what he thought rape victims, the unfortunate instances of rape, that birth control would be available to them but it did noti ithave to do with religiou institutions. >> i'll leave it there, do you want us watching tonight? >> watch. >> but pay no attention to these caucuses? >> i think that everyone will look at the caucus us and everyone will make up their own decisions as to what will happen in them. we are looking forward to, we have maine coming up. we have arizona and michigan, we expect february will be a good month for this campaign. >> all right. thanks for coming on. >> thanks. >> gingrich on the on the bal t balan -- on the ballot.

the politico briefing, what are the chances that gingrich makes good on his promise to

fight all the way to the convention, alex burns wrote about that. what i found fascinate about your piece was two-fold, we know that gingrich is in ohio, not on the ballot. you sort of pushed this idea that gingrich believes he may have won. when did he win? >> well, chuck, gingrich has not come close to winning the republican presidential nomination, what he has done in the campaign, folks that like him and don't, will agree, he has rehabilitated himself as a national political figure he is not a relic. even if he loses the race to mitt romney badly, he will have a ticket to the lecture circuit, the world of book deals in a way that he did not a year a ago. >> and even if he goes to scorched earth way that he goes at times at romney?

>> that's the challenge for him. he has nothing to lose and certainly judged by conventional political standards he does not have a lot on loosse, what he h is his reputation, you see a gold standard barer, he walking outlooking good, if he looks like a bitter crusader, your point is well taken. >> alex burn, i have two other words, earning power, he wants on keep that going. breaking news of course, out of california, an appeals court has ruled that the ban to same-sex marriage is unconstitutional. ♪ [ male announcer ] offering four distinct driving modes and lexus' dynamic handling,

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been ruled unconstitutional. pete has been reading the brief. what can you tell us? >> couple of things, chuck, what this decision is not, the court says, you know, there's an interesting question here about whether any state can ban gay marriage, we are not deciding that. so this is not a decision about whether or not in general, states can ban gay marriage. what this says is on a 2-1 vote, it california specific. it applies ony iey ies only to california. when a state gives the couple the legal rights of marriage and then takes away that right, that violates the constitution. because of a lower court, they were giving gay marriages and that was stopped by prop 8 and this is saying that is not constitutional. it only applies in the ninth

circuit and only in california. >> pete thanks very much. and dropping today, another high ranking departure from the susan gkomen foundation, she has resigned after the backlash from stopping funding planned parenthood. we take full accountability for what has resulted and we must learn from what we have done right and wrong and achieve the goal for millions women that rely on us. the governor for the state of california, was opposing abortion rights and was widely blamed for the decision. newt gingrich's survival strategy hinges on staying in the race in super tuesday, almost a full month away, how does he do it?

robert livingston joins me now, congressman, let me ask you this, there are three contests today, and we have heard the romney campaign sort of try to pull the jedi mind trick, pay no attention to what is going on, but speaker gingrich may do okay in all could have them. but how do you get momentum? >> he gets momentum because frankly there are not just one, but three, anybody but romney candidates. romney needs to get 50% of the vote in just about every state if he is going to be assured of the nomination. so far he has only gotten 50% of the vote in nevada. he is up get a hill of his own. ron paul has a 24% roughly of the electorate who are strongly supporting him, santorum is generally above him and i think will do well in missouri

tonight. and newt has his strength had is frankly more nationally than santorum. but today will not tell us much about newt, newt will hang on and make it to super tuesday and do we. >> what is well, he is not in the ballot in virginia, a state he may have been able to do well in, but that has been, you know, that facts are fact, he is not on the ballot here. how many states does he have to win on super tuesday rel relevant? >> he has to win a few, i think he will win louisiana, that is where i'm from. if santorum whips s if santorum whips antorum wins that throws the ball up in the air because romney will have displayed weakness. the majority of the people

voting in the primaries are not excited about the romney campaign. they saw how he reacted when he was governor of massachusetts and seen his statements about being a conservative in recent years. and they are not absolutely convinced. he has to go a long way to convince them or he is not going to get the nomination. >> right. so if tonight, rick santorum wins two contests, one in missouri and one in minnesota, that will mean he has three victories and newt gingrich has one, why is newt gingrich the conservative alternative and not newt gingrich? >> i do not think that either of them will get out soon. i think that newt will do better than santorum super tuesday. but i cannot predict what will happen, who will get the nomination, i can predict that whoever gets it will get the

support of the republican party. but i just want to caution that, governor romney is not a guaranteed lock in on this thing and santorum and gingrich are really working together. >> all right. bob livingston, former member of congress from louisiana, thanks for coming on this afternoon. >> thank you. >>. well with high hopes for a solution in syria, john mccain suggested that the u.s. take a more active and direct role in supporting president assad's enemies. >> i think we need a contact group and joint coalition and start considering all options including arming the opposition. the blood letting has to stop. >> steven hadly served as national security adviser under president bush, he joins me now. arming the rebels, that will be after the united nations attempt

failed because of the russians, is that a viable policy for the united states to be doing? >> it may be at some point, i think senator mccain is right, we really need to turn up the pressure. i think there are a lot of other things we can and should be doing before we get to that question. one of the problems is, the longer this goes, the more it becomes an arms struggle rather than the syrian people rising up against the president. >> your concern is having the united states too involved in european western powers, too involved, could look bad around the world and region. >> what you want is that the syrian people threw off the government, not that powers came in and over threw him. you want to he empower the syrian people and the more guns at play and the more this

becomes a military thing, the problem is, the more difficult it is to have a democratic transitio transition, so i think it has to be on the table as senate mccain says. but there are four things that we need to be doing, in addition to sanctions, and aggressive opposition. we need to try to split the army and the supporters of the regime from assad, we should be sending the message, if you break with assad, there's a place for you. >> sort of the egypt model. >> but if not you'll be held responsible for the crimes of this regime. secondly, the business communities in that area have not thrown in with the opposition at this point. we need to on send messages, i think the turks can be helpful.

i think that turkish business people can be helpful to send a message to do sunni business community that the sooner that assad goes the sooner we can resume trading. and another mental to the community, that they do not have to go down with assad. assad is an aloite minority and they are fearful that without assad there could be receipt e retribution, so there needs to be a message that they are welcome. but particularly welcome if they will break with assad. >> and the fourth point? >> we need to work with the gulf countries to prepare a plan for a post assad syria. so the syrian people can see

that getting rid of assad will not lead to chaos, but actually more on stable and democratic state. >> and what could the toppling of assad mean for iran? >> it will be the principal ally in the arab world will be toppled the conduit to hamas will be broken. >> they have left. >> yes, they seem to be leaving and it will contribute to the isolation of the iranians. and at some point they will see that time is not on their side and the people will follow the example of their arab neighbors and get rid of this regime. >> i have to leave it there. ta thanks very much. up next, a welcoming home of

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hi everyone, i'm come -- coming up on the white house is caught between a rock and a hard place, many catholics are bound to turn their back on him if there's not a change to the policy that would require religious schools and hospitals to provide empl employees access to free birth control. and a stunning decision, the entire staff at a los angeles

elementary staff from an elementary school are being replaced after two teachers are accused of sexually abusing children at this school and breaking news as you well know, the big decision regarding prop 8 in california, shortly, we will hear from the attorneys who argued against that ban and what it means next. thank you, the ships are back in norfolk, virginia today, completing the longest navy ship deployment in 40 years. an unbelievable and amazing welcome home to them. the white house announced they will host a dinner honoring 200 iraq veterans and many say that's not enough, they want a ticker-tape parade to welcome them home, the pentagon feels it

should not happen until the return of the afghan stan veterans. sir, thanks for coming on, so, let me ask you basically that simple question, why not hold off on the parades until both iraq and afghanistan, the combat missions are finished? >> it starts with what the american people are asking for she this started back in december, when it was announced that combat operations were over in iraq. people started to come together nationwide. there were guys in st. louis that created a huge parade. people are saying if we can afford two wars we can afford to parades and we understand that folks are in harms' way overseas but it looks like they will be for the future, but if people want to respond and show their

respect this is a way to do it. >> why do you need to pentagon sign off? >> we don't, but that the what mayor bloomberg is saying he has been deferring to. if they are okay with the state department dinner where are they not okay with a parade. the dinner rather, it's a nice move, but it's 200 people, how do you pick which 200 people of the one million iraq vets get to go to that. a parade is open to the public, anybody who wants to go can show their respect and gratitude for these veterans. i hope the mayor will back down and the american people will continue to show the support for veterans. >> and why just new york city, i would assume there are communities that will want to hold parades considering how many veterans there are of the iraq war. >> new york has a tradition of doing that going all the way back to the canyon of heroes, it should happen everywhere, let's

put it all together on one day of action, so we are not having one a off for the next few years. go to our website and sign t petition. the momentum is growing, the american want to support us and a way to do it and the parade is one step. >> pdo you think that part of te issue is that there's a polarized view of the war? >> it shouldn't be, the american people have learned how to separate the war if the people. this is about respecting the folks that served and responding to their needs and remembering the folks that we have lost. we turned the page on vietnam, those guys had to fight for ten years before they got a parade. >> thank you for joining us this afternoon. >> thanks, pleasure.

>> the president took time off and had fun at the science fair today. he hosted students of science and math competitions from around the country and praised their hard work. fitting that t year's fair is happening just two days after the super bowl. what i've also said, i've said this many times, if we are recognizing athletic achievement, and we should also be recognizing academic achievement and science achieveme achievement. if we invites the team that wins the super bowl to the white house, then we need to invite some science winners as well. the employee of the month isss... the new spark card from capital one. spark miles gives me the most rewards of any small business credit card. the spark card earns double miles... so we really had to up our game.

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all right, it's quite the busy day. which political story is going to make the headlines in the next 24 hours? ann, it's a lot of stuff up in the air. between syria and prop 8, the issue with what's going on with the catholic organizations and

the white house. it is a caucus day, although, you have some that say don't pay any attention. what can we expect? >> the white house is going to embrace the super pacs. where do you start with the news? tonight's news will be the caucuses. we can say not to pay attention to them, obviously, now awarding delegates. if santorum is able to win in minnesota, i think we won't be able to resist talking about it and asking the question whether romney has some weaknesses in the midwest even though it's a very conservative base. >> we look at minnesota, twice as many folks are expected tonight in minnesota has showed up to nevada. that's a fact. >> exactly. turn out was quite low in nevada. lower than they thought. that could potentially not work in romney's favor. we'll have to see.

>> with newt gingrich, he's finishing fourth. anybody, paul or gingrich, beginning fourth place finish explainable tonight? >> yes, i think they will try to explain it. i think in gingrich's case it's i'm in this for a delegate hunt. the winner will take credit for winning. i don't expect to see anyone dropping out. at this point it would be difficult to understand anyone dropping out before super tuesday which is the next set of meaningful races. >> thank you much. that does it for this edition of "andrea mitchell reports." tamron hall has a look at what's next on "news nation." what have you got? coming up, obama campaign advisor, joins us. jonathan kohn from the new republic will join me.

he says they're already paying for birth control when you sfwut the insurance pot with your company. we'll talk to him about that, and how this is really affecting employees and the debate. the entire staff at a los angeles elementary school from administrators to janitors at the school, you see there on your screen, that whole staff replaced after two teachers are accused of sexually abusing students. if only two teachers being charged, why is everybody else being put out. more on the appeals court ruraling declaring prop 8 unconstitutional. we'll bring you the latest. without the stuff that we make here, you wouldn't be able to walk in your house and flip on your lights. [ brad ] at ge we build turbines that power the world. they go into power plants which take some form of energy, harness it, and turn it into more efficient electricity. [ ron ] when i was a kid i wanted to work with my hands, that was my thing. i really enjoy building turbines. it's nice to know that what you're building is gonna do something for the world. when people think of ge,

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