>>his attack by the federal government on religious freedom in our cntry must not stand and will not stand. >> this week on "iide washington," of birth control debate in n 2012? >> this ruling on reproductive access to healalth care and family planning has been absolutely politicized i what i call an ongoing war against women. >> surprise, rick santorum takes the in a row. >> one of the great gifts i have had is that no one ever thinks i can never win anythingng. >> no more mr.r. nice guy for mitt romn. >> rick santorum was a major earmarker.

>> the biggest joint federal- state cil settlement in e history of this natation. president >> does an about-face on campaign fund-raising. cpac comes to town. >> jimmymy carter'r's failed presidency could reappear in thehe former barack oba -- form of barack obama. captioned by the naonal captiononing institut --www.ncicap.org-- >> "congress s shall make no law respececting an establime o of religion or prohibiting theree exercise thereof." first 16 words of the first amendment of the constitution. when the obama administration orders catholic universities and colleges hospitals, catholic charitable institutions to offer birth control under their health carela plans, when the administration does so in spite of the catholic church's teaching that birth control is morally wrwrong, is the administration prohibiting the

free exercise of religion? evan, you are a historian graduate of refined law school. how about it? >> i am sure that they must have focused grouped this to death, because it seems cra w what they are doing. i don't know what the finer points are in the law but i ththink this is more about politics and law. all i can say is that the white house must think that womenen are going to let this up because they really irritated, and rightly so, the catholic church. nina, your beat is the supreme court. >> well, i am not the supreme court, but t the supreme court actually ruled, and justice scalia wrote that as long as the law is in neutral and equally applied to everybody, it is constitutional. the court has also made rulings that if more recent -- more

recent rulings that did the catholic church some pe that it might prevail. but insisted the law for over 10 years, in theederal government, in 28 states. but it comes up because ofof the affordable care act and what has to be offered as a basic service for women. >> charles krauthammer md, is the obama administration's mandate medically sound? >> they are making it a medical issue. it is not a medical issue. the idea that women e denied access is ppostererous. it is not illegal t to get birth control. the question is are you going to force catholic church to essentiaially distribute contraceptives a free of c charge because the federal government says so rather than examine them on the grounds that it offends their doctrine? i think that is a clear open- and-shut case. the infringement of the federal

government on the free exercise of religion. >> colby, you regularly grapple with matters of conscience in your columns the cardinal archbishop p of washington says that the obama mandate is a violation of the basic rights of consciee and religious liberty. do you agree or disagree? >> there is a case to be made for the contras' cause exception. we are talki aut employers, not about the urch. we're talking about employers. once you become an employer, there e certain rules you have to obey -- the minimum wage. just because you are a catholic hospital does not mean you can avoid the minimum wage, does not mean that you are exempt from osha laws. there is nothing that takes away their right to perform the basic functions of an employer. in this case, it seems to me that the administration is in a position to broaden this

exemption t to these employers because of their religious natu. >> at week's end the white house was ready to aommodate religious employers on this but my guess thait will not satisfy the bishops and it willl probably -- "new york times" reported on friday that they have been gearing up for this on for several months. > the bishops have taken that position, but i think they also know that somewhere on the order of 98% of catholic women also practice birth control. i don't think they are winning the argument -- >> the bishops seemed to be seeking toove the goalposts and to what a rule that a applies not just to catholic charities and institutions but to a catholic employers, private employers. there are two ways this can go. if this appess to women in particular, women voters who care about this issue -- if this

appearars to be a violation of religious precepts, the church wiwill win. if however, this s appears to be a war on contraception, and contraception is not cheap then the church will lose and republicans will lose. >> im intereed in the politics of this. politico and other news organizations have been reporting that bill daley and joe biden sat down with the cardinal archbishop of new york and the psident to talk about this. the archbishop p leaves thinking well, i think i have this settled, and then the thing explodes. >> bill daley is no longer the white house chief of staff. >> i have noticed that. >> at valerie jarrett has more clout than bill daley does, and valley region. was on the women's side of -- and valerie jarrett was on the women'n's side on this. >> the administration has

conceded the central argument t of the church when it explicitly exclude anybody working in a church itself. >> thahas always been the bar. >> i know, but let me explain what i am trying to say. the premise is that if you work for the church itself,ou are expt. >> you work in the building. >> in a church, it would be an assault on religioif you made the church dispensed cocontraceptives. but that is only for a church. it does not apply to a church- affiliated charity. it concedes the principle that you don't want to violate the conscience of catholism if you make a church if a custodia or a cook in the church of these kinds of services. but it does not apply to a catholic hospital. on wt logic should it not apply to a catholic hospital?

>> because theusiness to they are doing is notot a religious business. it is primarily as secular business. ministers are exempt from the civil rights l. that does not mean that evybo else, if employed by a catholic charity, is exempt from the civil-rights law. >> the church does a lot of social good. they have soup kitchens and take care of people. do we really want to drive a catholic hospital out of the busines of caring for the poor and sick? >> mark shields made that argument last wee >> obama's on arguments at the prayer breakfast that he is engaged in god's work. he is conceding that charity good works, are a form religiosity, and then he denies a catholicic hospital an exemption on the grounds that it is not a religis institution? explain that to . >> colby?

>> i was recentltly treated at t a catholic hospital and there was no exercise of religion any point. i just got the medical care. >> principle -- >> the religious question never came -- i was treated at the hospital the same way that i would have beenreated at any other hospital.

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in colorado in 2008, mitt romney defeated john mccain by the 16 -- 60-18. this time around he this is to read santorum. -- he loseseso rick santorum. what is important is that that is the one at state missouri, where gingrich was not on the ballot. it is the one shot where santorum had to go one-on-one, and he crushed romney. it shows you how resistant the republican electorate is to romney as nominee, and it also tells you that of all the possible u ultimate kids, -- poible alternatives, cain, rick perry, and others, the only one who is plausible and remains is santorum. >> i heard howard fineman say on msnbc that mitt romneys like a giant hairball -- [laughter] that republicans cough up. >> i like your choice of objective sources.

> but do you disagreeee? >>hairball" as a pejorative connotation. >> it is only slightly worse th what came out of "the wall street journal" talking about the same mitt romney, saying that his problem is that consertives just want buy -- won't buy him. >> he cannot close the deal. >> it is not just that he nnot close the deal, it is also substance. health care, his position that the poor have government services to help them, and he comes out for the minimum wage. >> "washington post" "romney stuck inin lukewewarm." >> it is a mistake to underestimatee mitt romney. millions on negative ads pointing out that santorum is a

creature of washington and took money for earmarks. but to win in november, romney has to show that h he stands for something. i i think people admire his toughnhness and sends it, but he has to stand for something. he has this 59-point plan that means what? he has to say something. >> negative campaigning hurts him, even with rerepublicans. the way he went after gingrich if he tries that with santorum, he will get a backlash. >> how can santorum compete withomney? >> he can. >> he can? >> n notn m money, but there are truths here. romney is tough and is the most seasoned candididate, but this is a very weak field. santorum is the last man standing. everybody has had theiray. >> i have seen him campaigning.. when hee goes into this blue-

collllar mode, it really appeals to people. >> it does appeal to people, but when you move in the biggest states, you cnot meet everybody. >> evan and i were talking earlier about the gap between rich a poor among white males. >> there is a book by charles marydell looks into thi were hehe looks at the growing gap between rich andoor in thi country. he takes race out of it anand just looks atoor whites, and they are falling further and further behind rich whites. it is a depressing picture. there is going to be at the national debate out why that is, and you can feel of sites forming, what date and will say about the lack of economic opportunity.. on the right, it is a social thing, a moral thing. it is a bate worth having. >> i don't think it is is that simple and that most people on the left or right think it is simply a matter of morality or economic opportunity. wewe are a less mobile society

today thatat europe is, whichch is anan incredible reversal. >> if i could take us out of this lofty debate about the direction of the classes in society, romney has a problem. romney's problem is that he is selling himself as a businessman who will turn around america and knows how to make jobs. the problem is, you could win the presidency on that if ununemployment is 10%. if it is 8.5% and sinking and peopleave a sense of the economy rising again, it is not going to work. ronnie's problem is that he is not proposed anything. reagan had a supply-side economics. romney needs an idea, a proposal, something audacious. he has to make a speech. michigan is coming up. the detroit economic club, that isis exactly where he ought to do it, a major speech. what is he going to it? tax reform, entitlement reform,

it doesn't matter. he cannot jusust say elect me, i know how to make jobs. >> romneycaree cannot do it with a speech. -- romney cannot do it with a speech.

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$700 billion. this does not go near that. >> no, i doesn't. let's think of the people who did plplay by the rulesnd are also underater, and they are not getting anything at all. what does come out ofhis that may be p positive is some of the regulary reforms that the institutions have to make, that they can no longer do the kind of robosigning they didid, that they have to have transparerency in their transactions.s. in terms of relilief for the homeowner that is undeder water there is not a lot. >> friday's "wallll street journal" calls this a $21 billion bank job. >> pple are not going to beade whole by this settlement. consumer groups are supporting this for this reason -- people got mortgageses who should not hahave gotten them, but lots of people also got screwed, to use

and an elegant term. we all hearard millions of stories aboutaperwork lost and everything. this allow banksks to reduce prince pau > -- produce principal, to use various mechanisms to allow people to stay in their palms, and it provides a mechanism that hopefully with an official monitor to make sure that paperwork actually doesork the way it is supposed to -- the banks were never ready for this onslaught, and that is how they and found themselves in this terribible mess. >> this is about the trd time that the government has taken a crack at thisroblem. the proof will be in the pudding. it doesn'feelike enough. $2,000 a person, what difference is thagoing to make it? but maybe it is. >> it soundnds good at least politically. >> but what did you say $700 billion? it is a tiny fractioion.

>> it has a big number tached ich will help obama. it looks like he doing something. the amount a token amot. the beneficiaries are arbitrarary. getting, others are not. it is the ultimate bank job. the government gets money out of private industry as it did with tobacco, asbestos, and distributes it so that it is not increasing debt, but it helps some individuals. like with asbestos, the ones who made outt with asbestos and tobacco are the lawyers, who ended up as billionaires' while somebody who suffered ended up with lunch money. [ male announcer ] are you paying more and more for cable and enjoying it less and less? stop paying for second best. upgrade to verizon fios and get tv, internet and phone for an incredible price: just $89.99 a month for two years with a two-year agreement.

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could raise as much as 30 billion dollars to help fund the payroll tax cut. it's simple. more spectrum eans more freedom. for everyone. >> president reagan must b staring down from heaven and thinng that reincarnation may indeed be possible.

somehow, jimmy carter's failed presidency could reappear in the form of barack obama. he has got to be thinking that. >> texas gov. rick pry, in town for this weekend's conservative political action conference. ron paul, a man who marches to the beat of his own drummer decided to campaign in maine instead. if you love or roaring conservative rhetoric, charles this is the place to be. >> is this the best clip you could find? marco rubio did a william jennings bryan yesterday morning. all right, i will give you the benefit of the doubt on the lack of material here. it is going to be a big day for romney and santorum. romney has to show that he can address a conservative audience and rorouse them.m. santorum has a way to say that he is a player at the top level.

i think what is most important, of course, is what will happen in the primaries at the end of this month, which will be michigan and arizona. if michigan falls to santorum, that could really doom the romney race. >> president obama is now on thehe super pac bandwagon i guess he cannot afford not to. jay carney as said that this administration has done more than any to prevent the influence of lobbying government by interests. >> they took a good look at florida and what mitt romney was able to do with money against nenewt gingrich, and it concentrates the mind wonderfully. we e going to need money to stand up to this onslaught coming from the conservatives. >> citizens united. >> one of the statistics that comes out of you, the money spent by these super pacs, 97% of the ads are negative. it is a torrent of downer --

>> can you imagine iff the rline industry ran in negative ads against each other? instead of flying the friendly skies, it would show the other guy with a plane crash in a river. [laughter] nobody would get on an airplane. people are surprised that people are skeptical of their politicians and hate congress. they are running ads all day that say the other g is a child molester. >> i hope you have not given the airlines great idea. >> the other interesting thing is that this super pacs create nonprofit so-called "issue" organizations, anand they don't have to disclose ever anybody who gives them anything. that is where the majority of some of these super pac money comes from. if i were running against you gordon, i would have an issue campaign that says gordon peterson is a creep.

he occupies the television screen way too much -- >> y you have been reading my y e- mails. [laughte >> but that is considerered an issue ad. we have a real problem not only with the negativity, but the disclosure, and there is little opportunity -- >> use me as a character. >> you get the last word.

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