i want you to look at this quote from harry reid. he had strong words about the provision the court left standing today. >> i just say to you, mr. president and to anyone and the sound of my voice, someone with my skin color or yours, i don't think you're going to be carrying your immigration papers with you ever place you go, but if you're in arizona and you speak with a little bit of an accent or your skin color the brown, you better have your papers with you. that's unfortunate. >> thank you so much for joining us and also chairman of the democratic national convention, it's an honor to have you on the show. how did you react? maybe bigger question, how will the democratic party react today on the ruling on the arizona law? >> this was a partial victory for the idea that president

obama, the justice department articulated, that there is federal preemption with respect to the laws. that they left standing the one that says when they're stopped for a legal stop, they can ask for your papers. i don't see any way to implement that decision without profiling. and without violating the constitution but what they left open are court challenges and litigation on that matter. we le to get this out of the campaign. i think we'd like to get this in the congress where it should be, how to fix this broken immigration system. governor romney ought to join president obama in calling on both houses, both parties, to work together to pass a dre act and pass comprehensive immigration reform. >> well, it's not happening. let me go to john heilemann. one reason is that both parties have problems with a really tough solution.

it's going to be difficult for both sides to reach an agreement on the situation. a fair, enforceable immigration law. it's very hard to get to that. employers, of course, want cheap labor. the cheapest possible and sometimes great labor. people who just got here and are undercover. operating off the books and the question is do the democrats really want to go with enforcement if they don't have the democrats joining hands with them? it's very hard for one party to pass a law of any kind with sanctions on it that the other party doesn't go along with because then you're blamed by the party. is this going to be a burning issue, this agre jous thing that forces a policeman to stop a driver who's got a bad tail pipe, bad back light on his car. he stops him or her. basically, not a big crime. let's put it that way, and then has to ask them for their immigration papers because they have an accent or look that suggests they might be from somewhere else or any reason for

doing it. gets into profiling. is this going to be a hot issue going into the conventions and election? >> chris, i don't think this is spefblly going to be a hot issue, although i think it is part of a broader set of issues that the obama operation, the campaign and the white house, will try to exploit in terms of pointing out the stark differences where the white house is and where the republican nominee, mitt romney, is on issues related to hispanic voters, especially in a lot of these important swing states. anthony a arizona's not quite as swing state -- >> who's going to vote? you're a political analyst. i am, too. not of your greatness perhaps, but who comes out of this result and says damn it, i'm going to vote for sure this time because. who's most likely to do is that? people angry about the fact they left standing the requirement that cops stop people because they look a certain way or the fact that they went the other

way on the other provisions and got rid of them, no, you're still planning federal law here. who's this going to ignite? anybody? >> as i said, it is part of a broader set of issues, right? i don't know that there are that many hispanic voters who are going to be driven to the polls by this issue specifically. i think there are some who are going to be driven to the polls by a consolation of issues where the obama administration is going to draw a contrast. that is one of the most important things president obama has going for him. the keyones to how they hope to win and he's going to hit that issue hard. as you saw today, mitt romney release released a statement in which he did not say what he thought of the supreme court ruling and did not get on camera. he took no questions. his spokesm people refused to answer. he thinks this issue is an issue

that's radio active for him. anytime he's talking about immigration, it's radio active for him. >> mayor react to this. here's mitt romney when he said today, which is nothing. not committal. his statement is almost nothing. quote, president obama has failed to provide any leadership on immigration i believe each state has the duty and right to secure our borders and preserve the rule of law. and talking to reporters on his way to arizona today, romney spokesperson was no more helpful. let's watch him and then mayor react to what i don't think is a real strong statement from romney. >> does he have a reaction as to whether he agrees to this decision? so -- >> states out there have the right to craft their immigration policies. i'll say it again and again and again for you. the governor understands that states have their own right on drafting policies to secure theiown borders to address

illegal immigration. >> mayor, it looks to me like the democrats have an easy walk here because it looks to me like your party is in strong position with the latino voter for the simple reason the other side has basically forfeited the credibility, the allegiance and it's hard to say a dramatic statement, but when you're coming off forced deportation, your thoughts. >> that's exactly right, chris. you hit it right on the head. virtually everybody covering governor romney today has said what they've said all week. that he's been evasive, refused to answer. what we know is this. he's refused to answer whether or not he would overturn the president decision to defer action on the dreamers. what we know is that he said repeatedly he would veto the dream act. he continues to point at the president, but has never put forth his own plan and what we

know is he could get it out of the campaign right now. let's call on the congress to do their job. it's very clear. he walks around with chris coback, the author of the alabama law and he's saying that every state should have their own laws. should have the right to pass their own laws in counter distinction to the supreme court which reaffirmed that we have preemption on this issue, the federal government, so he continues to maintain clearly that alabama and arizona laws are a model for the nation, he'd veto the dream act. that's the wrong way to go. we're tking about real people that have lived here their whole lives. dividing families. we can create another path. a bipartisan path. >> during the primaries, romney had positive things to say about the arizona law. >> i think you see a model here in arizona. they passed a law here that says

people who come here and try and find work, that the employer is required to look them up, e verify. going back to the question asked, the right course for america is to drop these lawsuits against arizona and other states that are tryin to do the job barack obama isn't doing. >> well, he didn't want to have a court decision and here he is saying he supports the law because the federal government has failed to lead on the issue. >> i support the arizona law for recognizing that what arizona has done underscores the failure of the federal government to do its job. it has been the responsibility of the federal government to protect our borders and have failed. >> let me ask you a chance. one more chance to slice this. back in '64, barry goldwater came out against the civil rights bill. by taking that position, he basically told the african-american community, forget about it. i'm not with you on the most important thing to you, which is

civil rights. public accommodations, access to restaurant and hotel and gas station restrooms, all those freedoms that come with being an american. it seems like this time, it's pretty much the same thing only romney's saying i'm not with you and i'm just not with you in your sentiments. i'm going to go with the anglos, the other side and put my money on the working class white guy who's ticked at you. i'm going the other way. you just lost with me. i've never seen a candidate take sides so clearly. >> i'll be objective, but my analytical point is the same. he has a huge problem because the position he's taken with the hispanic community. he's right now polling in the mid 20s. you can't win a national election polling with given the size of the hispanic vote and in certain key states, you can't win withhat kind of number. one of the most serious imperatives he has is to fix his

problem with the hispanic community. what he has done is dig himself in deeper and i think nothing that happened today helped him with the hispanic community. nothing that's happened over the past ten days has helped him and the way he's handled it has made the problem worse. whether you cast in the moral, historical terms that you do or i do, it's still a huge problem because the hispanic community does not think mitt romney is by and large with it. >> well said -- >> i think this goes beyond the hispanic community. i think people who care about a just, humane immigration policy that enforces our borders, but gives us a pathway to citizenship is much broader than just latinos or democrats. >> i think you're right. let me ask you while i've got you, my friend, it's an honor to

have you on, but let me tail you this. when the democrats write their platform this summer on same-sex, will you endorse a state by state approach or a federal law that guarantees the right of people to mary someone of the same sex? >> i think i've made it clear, r i think that marriage equality is a fundamental liberty that the federal government and our constitution ought to protect. you're not nailing me to anything, my friend. i believe in that. i think it's about family values. i believe we ought to keep families together on the immigration side, but also when someone wants to marry, they want to have a loving relationship, the federal government should not be interfering with that right. >> should the federal government support the right to a same-sex marrge in the law? >> yes. >> thank you so much. chairman of the democratic national convention this summer. coming up, bain bain don't go away. three damaging stories this

weekend about mitt romney's years with bain capital show hutch staying power this story has and now, romney's being linked to junk bond king. also, no health care decision today from the supreme court. but did you ever wonder why the law's so unpopular? wait until you hear what dirty angry money has gone into making it more popular paid for by the conservative groups out there. an becoming barack obama. david barreness comes on the show today. finally, this supreme court. you think it would have desegregated our schools. this court? think about who's on it. this is "hardball." the place for politics. ly every? gave it greater horsepower and best in class 38 mpg highway... ...advanced headlights... ...and zero gravity seats? yeah, that would be cool. ♪ introducing the completely reimagined nissan altima.

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focusing on the wrong issues. health care, unemployment and immigration policies topped e list of concerns for hispanic voters. the growth romney is basing his run on is a major concern for about 17% of hispanic registered voters. wow. he's off base on that one. we'll be right back. ted the luxr and kept turning the page, this is the next chapter for the rx and lexus. this is the pursuit of perfection. fight both fast with new tums freshers! concentrated relief that goes to work in seconds and freshens breath. new tums freshers. ♪ tum...tum...tum...tum... tums! ♪ [ male annncer ] fast relief, fresh breath, all in a pocket sized pack.

ladies and gentlemen that greed for lack of a bter word is good. >> welcome back to "hardball." the line epitomizes 1980s success and the star who flamed out was michael milken, now, a "boston globe" report links romney to a business deal with

milken. here's the figsequence if you w. first, "the washington post" dug deep uncovering bain was a pioneer in investing in companies that moved jobs overseas. president obama couldn't resist bringing this up. in a tampa campaign rally this friday. >> today, it was reported in the "washington post" that the companies his firm owned were pioneers in the outsourcing of american jobs to places like china and india. we do not need an outsourcing pioneer in the oval office. >> we do not need an outsourcing pioneer in the oval office. next, "the new york times" with a report that bain basically rigged its deals so that even when companies went broke, bain profited and today, mitt's hometown paper, "the boston globe," dug into mitt's business deal with 1980's junk bond king. here's part of a nightly newscast before he went to

prison. >> one of the riche men in the world pleaded guilty today to six criminal charges and agreed to pay the largest fine ever assessed against an individual. it marked the end of one of the wildest financial eras in american history. >> howard fineman, beth heely, a financial reporter for the "boston globe" and cowrote today's piece. sometimes, these stories become too numerical, but when something ties somebody to an iconic figure like milken, i think they all know that, howard's looking at me. we don't know the whole story on anybody. but a guy on his road to priso and who was at i risk to his reputation. why would romney get into bed business wise with milkenif he wanted to become president?

>> this was going to be bain's biggest deal yet. retailer down in houston and bain was able to put down $10 million and put together financing $300 million, they were able to get with drexel in order to get this big deal done. >> so, they got $300 million leverage and wasn't there any time you make money like that, isn't there a risk to your reputation? what are your thoughts? >> there is a risk to it. since he started before was to be very careful with the firm's money and investor's money and this was a big departure. this was really saying okay in venture capital, take a lot of risk and start ups, with this type of deal, you could make a lot of money. >> here's how a former employee

involved with the deal describes his rational. i think spent his life balanced between fear and greed. he knew he had to make a lot of money to launch his political career. it's hard to make a lot of money without taking some kind of reputational risk along the way. it's just hard to do. it doesn't mean you have to do anything illegal or immoral, but you often have to take reputational risks to make money and "the boston globe" reports so it was that romney decided to rely on a man and a company in the thick. that is one of the great bites i've come across. a guy who gives you just what you want to hear. why would you take a big risk? because he was going for the big kill. my father taught me to make a lot of money before you run for office. >> having studied mitt romney's career, that's right.

you can make some money by nurturing the young companies. make the big killing on predation. >> he wants the big scores and he wanted the money from drexel to help him do it and i think it's utterly consistent with what mitt romney's lifelong plan was and he was willing to take the risks because of the big payoff. he wanted the big money for an ultimate reason to become president. >> beth, back to you again. in terms of bain, what makes this a story that keeps giving? your paper broke that story today. congratulations, of course, i mean that. the times is on the story, the post, the president paid a tribute to that on friday. why do you think bain has circled back in news inquiry? now if you're a couple of weeks of not doing it? >> because it seems like when

you want to evaluate romney and since he is presenting himself as the president who can fix the economy, this is the period of his life on which you can really judge what he brought to the table with business. and so there a about 100 deals, we evaluated them at length, the real romney and this deal is important because it shows that he really did pivot to be willing to take on more risk to make more money for investors. >> here's a priorities u.s.a. ad. it's out with this new ad again hitting romney for jobs lost in these bain deals. let's listen to new ad. >> out of the blue o day, we were told to build a 30 foot stage. gathered the guys and we built that 30 foot stage. not knowing what it was for. just days later, all three

shifts were told to assemble in the warehouse, a group of people walked out on that stage and told us that the plant is now closed and all of you are fired. turns out, that when we built that stage, it was like building my own coffin. >> so let's talk about the kind of person who's going to decide this election. noncollege white guy. i hate talking about race, but that's the way it's going to be. the guy that works in a factory, used to work in a factory. i'm told that the campaign, not the journalists, but the campaign, wants to focus on bain because it won't work on the east coast where everybody's sort of into the financial industry. ohio, iowa, wisconsin. >> and defending pennsylvania. where the obama campaign itself. >> why these issues of bain work outside the east coast? >> in the industrial heartland,

they saw the consequences of outsourcing and pumping and dumping, to use the term back in those days. they've seen the consequences of it. that's why the president succ d succeeded as well as economically, which helps them in this region. yeah, on paper, he knows how to deal with economies, but the united states of america is not a company that can be subject to a leverage buy out. if it goes bankrupt, it goes bankrupt. there's nobody you can sell it to. this is our company. you can't buy it, pump up the stock and sell america. that's going to appeal to exactly the kind of people you're talking about as an attack on mitt romney. not necessarily as a compliment to barack obama. a lot of those same people are suspicious of government. >> and they know where the democrats get money. >> one thing, everybody in the heartland agrees on, democrat

and republican is you don't want outsourcing of jobs. >> i want to hear those conversations the next few months, working guys in the bars along the the route 40s in this country. what do you think of this guy? i don't like the way he killed his companies. thank you for joining the show tonight from "the boston globe." i love the place. i know how to say it. up next, seeing reds under the bed. this new set of -- is doing his best imitation from appleton, wisconsin. they're back again with the red scare. what a joke. there aren't any reds left, buddied. this is "hardball," the place for politics.

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first up, had a guy dressed like a chicken end up in a campaign ad? it started when a senate debate between a republican and democrat got postponed. h rayberg said he had to be somewhere else, but if you ask, there's another reason. ♪ ♪

>> they say he was too chicken to face tester. i think in hollywood, theyall that high concept. the obama campaign has been pushing their dinner with barack. you get entered into a lottery and the winner gets a date night with the the president, but how do you know he makes a good dinner companion? ask the other person who will be at the dinner. >> it was a cool date, actually. we spent the whole day together and we went to the art institute. >> art -- art guys out there, it impresses people. >> he showed his cultural side and then we took a nice, long walk. our first meal was a lovely lunch. >> then we went to see do the right thing. >> spike lee. had just come out. showed all the sides. he was hip, cutting edge, cultural, sensitive. >> take tips, gentlemen. >> we need more of her on

television. got some good advice there on how the behave on the first date. finally, move over, alan west. when the florida congressman did his best imtax, saying there were 71 to 88 members that were members of the communist party, he's got company. here's what he said of tammy baldwin, the likely democratic nominee in that state. quote, i fundamentally disagree with tammy on almost anything, her philosophy has its rooted in marxism, extreme liberalism. he should have his mouthwashed out with soap for calling any member of congress a communist. we don't have communists. up next, conservative groups flooding the air waves to make sure no one ever learns to love obamacare. the president from interview: i talk to folks on rope lines and

in coffee shops. people who have been out of work. you can tell it wears on them. narrator: he's fought to pull us out of economic crisis for three years. and he sti is. president obama's plan keeps taxes down for the middle class, invests in education and asks the wealthy to pay their fair share. mitt romney and his billionaire allies can spend milions to distort the president's words. but they're not interested in rebuilding the middle class. he is. i'm barack obama and i [ chuckles ] ♪ [ honk! ] ♪ [ honk! ] ♪ [ honk! ] ♪ [ male announcer ] now you'll know when to stop. [ honk! ] the all-new nissan altima with easy fill tire alert. [ honk! ] it's our most innovative altima ever. nissan. innovation that excites. ♪ innovation that excites. high schools in six states enrolled in the national math and science initiative...

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i'm jon fortt. worries about europe continue to dog the markets. s&p sheds 21 and nasdaq loses 56. welcome news for drivers. gas prices are down 14 cents over the past two weeks to 3.47 a gallon, meanwhile, new home sales rose 7.6% in may. and facebook's operating chief is joining the company's board of directors. that's it from cnbc, first in business worldwide. now, back to "hardball."

we're back. whether or not president obama's health care law is upheld this week, polls show long ago lost in the court of public opinion and here's one big fat reason. a flood of largely unanswered negative advertisement by the right. since the affordable care act was signed in 2010, negative advertising spending on television has outpaced positive advertising spending by more than 3-1 and it feels like more than that. but the u.s. chamber of commerce and karl rove's super pac leading the charge against the law. just a fraction of the positive ad spending. less than $1 million comes on the ad campaign. a study shows the two sides barely reached the se audience. opponents focused on swing state markets while supporters in national broadcast and cable networks in markets in california and here is the

center for american progress and on the president's health care team in the white house, you were on it, right? and joe klein, a journalist from "time" magazine. i want to get to you, joe. i know you've been out talking to people on this. look at these numbers. 235 million in negative ads. less than 1 million of the positive ads paid for by the white house. let them give it a name, obamacare, and trash it. he once told a group of us they would spend $200 million and he knew it. well, they still are and it is unpopul unpopular. why? >> i think the challenge is that democrats haven't had the resources. the fact that it has been unpopular and any one of these given cycles in 2010. you had a lot of democrats defending themselves.

who should be jumping with joy at the possibility of a health care bill? >> consumers. on one side, you have folks who have a stake in the law. health insurers have spent a ton of money going after this legislation, pushing their money through the chamber of commerce. on the other side, you have consumers. why do insurance companies hate the bill? i thought it guaranteed a lot more people buying insurance. >> that's been a mystery. what we found out recently is that they have spe close to a $100 million funneling money through the chamber of commerce. the reason i think is something that hasn't gotten a lot of attention. medical loss ratio, a fancy way of saying there's a guarantee in the law insurers have to pay back premiums. they have to give money back to people and up to $2 billion for consumers. >> let's go to numbers that mean

a lot mor to our viewers. this is what grabs our viewers. >> premiums matter. >> a new poll on this poll that came out this june, just a cowell of days ago. 41% say overturn the entire law. 41% say overturn the law. 27% say overturn the individual mandate only. and 24% say keep the entire law. so if you add it up,ful 68% of me people say get rid of the mandate, which could happen this thursday. that's not a good report card. >> the other statistic that isn't there at least according to what i've been seeing on the road over the last three weeks is that about 2% of the american public know it's in law and i blame the president for that. there are two huge constituencies. he has an address. there are 30 million working poor people in this country who will be given health care for

practically nothing and the president has never really emphasized that fact. this is a huge mol issue. it's a great step forward in taking care of people who work hard. the other group are small business people, people who are individually employed who will be able to go to these health care superstores, the exchanges, and buy insurance policies with the same market cloud that a big company like time warner has. we haven't heard them talk about that either. we don't hear the president talk about things he actually gives people. my suspicious is that he's not doing that because there are a lot of middle class people who don't want the working poor to be getting something for nothing. >> also because the people who are insured, they have a good deal at work, their union is fought for, they have a contract or whatever, a personal services contract that gets them health insurance, they don't really

give a darn about these other people. they fear somehow this will hurt their situation. >> that's right. the real misinformation, the target of all that money has been to small business people who think they're going to be worse off if this passes. they're not going to be. they're going to be better off. it's a republican plan to insert market principles into the health care market. >> the risks are great for officials who support the plan. cross roads gps is hitting how they're going after senator mccaskill who's got a tough campaign. they're spending a half million dollars on this ad. >> obamacare in more like obamaclaire because claire mccaskill has voted with obama 90% of the time. cutting half a trillion in medicare spending. cuts that could slash benefits for some medicare enrolees. obamaclaire brought us obamacare

and that's bad medicine for health care. >> back in '94, senator now secretary of state clinton and president clinton both fought for health care. one of the reasons he got in '94 was the vote against it. here we are again. why is health care such a hard sell? why is calling it obamacare almost like a curse word? >> well, the president has endorsed obamacare. he said it's fine to be called. he has actually talk about the benefits, but i think joe's experience on the issue is a good one. joe raised a lot of concerns about issues of people who are dying, essentially, and what their health care system needs. there was a small provision in the legislation around this that helped provide information to consumers ab it and that was turned into death panels. it was people lied about this issue and they made it into something it wasn't and that's been the problem of health care. which is you can demagogue the

issue very easily. >> is that true, joe, this is it's easier, the complexity of the bill works for the enemies. >> there's another problem here. democrats try to impose universal health care while 80% of the public say they're happy with their health care. the reason why they do this is to appeal to their money bases on both sides. >> thank you, joe klein. please come back. up next, how barry obama became the man who would be president. that was his nickname. he went to barack, the more official name. the author has written a brilliant new bo about the coming of age of this young man into the president of the united states. we're getting an honest look at his roots and this is "hardball," the place for politics. [ john ] no. were you just... no.

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the president from interview: i talk to folks on rope lines and in coffee shops. people o have been out of work. you can tell it wears on them. narrator: he's fought to pull us out of economic crisis for three years. and he still is. president obama's plan keeps taxes down for the middle class, invests in education and asks the wealthy to pay their fair share. mitt romney and his billionaire allies can spend milions to distort the president's words. but they're not interested in rebuilding the middle class. he is. i'm barack obama and i

with two times the points on dining in restaurants, you may find yourself asking why not, a lot. chase sapphire preferred. i stand here today grateful for the diversity of my heritage, aware that my parent's dreams live on in my two precious daughters. i stand here knowing that my story is part of the larger american story. that i owe a debt to all of those who came before me and is. >> welcome back to "hardball." by now americans know that barack obama was born to a white mother from kansas, a black father from kenya. but the presidential background of a child in hawaii and

indonesia is in a new biography called "barack obama: the story." traveled all around to delve into the personal history. so much of this is wonderful. he wins the harvard law editorship in a blind thing. wasn't because he was black or anything. he was clearly born in this country. he had a black father and a white mother. how did that effect him, the man he is today that he came from a mixed background? >> i think his biracial nature explains everything about him including his personality in the white house. that speech made him famous. he was thinking that way before he wrote that. there's a letter he wrote at 20 years old how all of his friends were finding different niches. the only one he could feel good about himself is if he embraced it all. that's wt he tries to do just

naturally. >> is he, like -- i mean, is he the kid that wants his kids to get together. white american and black american. he wants them to come together. is he emotionally connected to that cause of unity? >> it is the cause that got him into politics in some sense and into the white house. but he reached the white house because of that. then he had to deal with the politics of today. so it didn't necessarily serve him that well. >> his hopefulness about unity, has it been misplaced in this time we live in. mitch mcconnell says my number one goal is to destroy this guy's presidency. >> in some ways it has been displaced. the other aspect of it is he is so deliberative and cautious, that it feeds into that problem. >> predict history. you've got the great book. i think everybody should read it. the book on bill clinton was the best book written about bill clinton by any stretch.

between now and november, can you forecast how he's going to deal with what looks like a dangerous campaign politically. >> two things i learned from studying him, one is he's got enormous will power. it's under the surface. there as strong as clinton's. and he learns from his mistakes. if you put those two together, i would suspect that you'll see a much better campaign in these next three months. >> why does he hang in such a small circle of people? they're all smart, but he doesn't seem to want to enlarge this group. he doesn't make confederates out of cabinet members. he's more of a soloist than a maestro. >> compared to bill clinton, he's the ultimate soloist. clinton needed everybody. he needed people to much. obama doesn't. and he tends to play it alone. it's not that he doesn't like people. you know, as he once said of hillary, he's likable enough. he doesn't mind people but he

doesn't need them. often politicians use their flaws as their biggest assets. and they need people. >> how does he do it between now and election day? use his assets. you said persistence. will he try to develop new methods. if he sees himself losing on labor day, will he do something dramatic? >> he's probably planning for something dramatic already. that's his strategy. hold back and boom. something happens. >> we keep saying get your act together. >> right. >> maybe that's a precursor what's going to happen this election. maybe it's not. i know how much work you did on this book. how many years writing this? >> four years. >> where did you travel? >> 50,000 miles. it's what i love to do. >> you get into the heart of people into their guts. thank god. you were right. donald trump's not right, you're right. >> about the birther issue, there's no doubt about that one. >> thank you very much, david maraniss. the book is called "barack obama: the story."

we'll be right back. when we return, let me finish. we're about to get the biggest decision handed down by the most conservative court in my memory. i think you have to go back to the early '30s for this court. the place for politics right here. [ morgan ] right now when you use your visa card, you're entered for a chance to win a trip to the olympic games for life. to cheer the summer athletes to new heights, starting in 2016... as you experience every moment, every emotion, every four years... for the rest of your life. visa. supporting athletes and the olympic games for 25 years. people everywhere go with visa.

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let me finish tonight with the supreme court. does anyone wonder like i do with this supreme court, the one

personified by scalia and thomas, would have done in the landmark decisions of the post world war ii era. i wonder whether this court would have backed desegregation. i doubt this pack of conservatives with roberts, alito, and kennedy would have supported separate by equal. i doubt this group of removed organized prayer from schools in the 1960s. that decision that ignited the moral majority. i doubt that this court would have recognized a woman's right to decide on an abortion in the 1970s. let me have a tougher judgment. would this court have upheld the civil rights bill? the statute which declared it illegal to refuse access to someone because of race to a hotel, gas station restroom. would scalia, thomas, alito, and kennedy approved such a decision or joined in the decent? well, maybe kennedy would have. the fact is we have the most conservative court since the early 1930s and maybe more than

that. these justices led by scalia believe in original intent. they want to judge cases the way the foundin fathers would. well, the founding fathers, wrote slavely into the constitution. it took a civil war and the 13th amendment to get it out. that's "hardball" for now. thanks for being with us. "politicsnation" with al sharpton starts now. . . welcome to "politicsnation." i'm al sharpton. tonight's lead, the election fairness. at a campaign event in new hampshire this afternoon, president obama laid out his vision of this country. a vision of america where everyone has shot at success. a vision where the middle class thrives. a vision that stands in direct opposition to that of willard mitt romney. a man who made millions in junk bonds who always made sure the cards were stacked in h favor. and who profited by sending jobs overseas.

>> it was reported that governor romney's old firms were pioneers in outsourcing jobs to china and india. they tried to clear this up by telling us there's a difference between outsourcing and offshoring. that's what they said. you cannot make this stuff up. what governor romney and his advisers don't seem to understand is this. if you're a worker whose job went overseas, you don't need somebody trying to explain to you the difference between outsourcing and offshoring. you need somebody who's going to wake up every single day and fight for american jobs and investment here in the united states. that's what you need. that's why i'm running. >> this president's right. word play means nothing to someone who's seen their jobs leaf the country.