feigin: hildebrandt is interpreting the same statutory language in the 1911 act, that it has the express purses to provide the democracy procedures. then it went on to say that congress did have the power to do it. sotomayor: i guess they bottom line question is, let's assume 2ac said something totally different, we remove redistricting from the legislature and we require every state to pass redistricting by referendum. is your position that congress has the power to override the constitution? feigin: i don't think that would exactly be overwriting the constitution. if that was the law, we might defend it. but we won't go that far this case for two reasons. here, congress is not try to enforce upon the state a process that the state doesn't want. congress is trying to recognize that these legislature requirement of redistricting is done under its own procedures. i would think that the power of congress should be at its apex when both commerce and the state -- congress and the state want to do the same thing. the second thing i would say is, in this circumstance -- scalia: no, no, no, not

will hildebrandt takes a look at the man who has been called uncatchable. >> french security searches -- sources had called the man on catchable -- on catchable. his past the radicalism began in 19 when he traveled to afghanistan. where he lost an eye fighting with al qaeda. returning to algeria in the grip of civil war, he joins a militant armed islamic group the gia, and later the breakaway group for -- the gsp secret when the gsp seamers with al qaeda belmokhtar became known as mr. marlborough because of the lucrative trade he ran in running cigarettes. hostagetaking was a large source of financing his jihad. he was stripped of his status in 2012 when al qaeda leadership accused him of being too autonomous. in the next year a jihadist group known as the masked man brigade. it was in this world that he masterminded two suicide attacks. with an american bounty of $5 million on his head, belmokhtar left a year ago to hide out elsewhere in libya. halla: kurdish fighters are within meters of the border housed by the islamic state group. fierce fighting has sparked a flood of refugees, t

feigin: one thing i want to emphasize is i think the court settled this issue in hildebrandt when it said it was simply doing something that the constitution expressly gave the right to do. i don't think the right way to think about this is congress using the second sub clause to rewrite this first. thank you. >> mr. waxman. mr. waxman: we have before us a suit that the people -- both raises a claim that the framers would have been astonished to consider that federal district courts have jurisdiction to adjudicate and is misconceived. arizona defines its legislature in its constitution to include both the people and two representative bodies. the premise that in drafting the elections clause, the framers intended to ignore a state definition of its own legislature. it is deeply inconsistent -- justice scalia: whatever the state calls a legislature suffices under a federal constitution, is that right? mr. waxman: the federal constitution by using the word legislature in connection with the accepted definition of that term in the founding generation. we cited both noah webster and samu

what you can do under smiley and hildebrandt is apply ordinary rules for legislation to the state legislatures. but what you can to do is come up with separate roles that apply to only congressional redistricting to make it harder for the state legislature to act. justice kennedy: your statement partly answers questions about -- voter id laws. you say those are ok because the legislature is not completely cut out? mr. clement: i think it might depend on the details a little bit. justice kagan: i thought the legislature was cut out in most of these things. you take the 2007, oregon voting by mail. 1962, arkansas, voting by voting machines. these things were done by the legislative process completely cut out. would they all be unconstitional?there are zillions of these laws. various laws that are put in the -- mr. clement: if you look at the various laws that are put in the appellees appendix, not one of those constitutional provisions purports to on its face three delegate authority away from -- on its face re-delegate authority away from state legislature. if you want to look at the north caro

this may come a chief economic correspondent john hildebrandt ahead of this admitting this meet.s dagen mcdowell and wall street cohost anthony scarry mucci. your top stories. print alwaleed telling that the "financial times" report said he wants someone other than jack dorsey running twitter is not true. the prince wants a new leader with extensive marketing experience. the prince fights back. the writer misquoted him. florida florida governor -- former florida governor jeb bush make an announcement later today in miami. hillary clinton holding a big rally in new york. the former secretary of state says her campaign will be about income inequality. u.s. military officials say an airstrike in libya likely killed an al qaeda leader had the attack on a gas plant in algeria including three americans back in 2013. an islamic with links in the u.s. airstrike missed the target. after talks collapse, the greece prime minister says his country way for international creditors to become real estate in talks to secure bailout money. greece means to repay $1.8 billion to the international mo