justice sotomayor: ahh, so-- mr. fitzgerald: so-- justice sotomayor: -- he didn't know this was stolen property yet? the vin number gave -- this is like jardines. the vin number gave him that information? mr. fitzgerald: that is what he stated, yes. justice alito: no, that's not what jardines-- chief justice roberts: but he could see under -- he could see under the tarp, right, some identifying characteristics in the extension of the wheel that allowed it to go miles an hour and the color scheme and all that? mr. fitzgerald: well, you couldn't -- you couldn't see the color scheme, but you could see the -- the basis for the probable cause is he has the --ebook picture that shows chief justice roberts: yeah. okay. mr. fitzgerald: -- the motorcycle not under a tarp. and then he gets to the house, and it's under a cover, but it's in the same spot, it's the same id. the extension would be there as a matter of interest. chief justice roberts: this would be -- justice sotomayor: but it's probable cause to arrest the driver.

we also know, brooke, that justice sotomayor has been very open about her diabetes condition.s something that she wrote about in her 2013 memoir that was called "my beloved world." and she did, in 2013, when she released that memoir, gave an interview to diabetes magazine where she talked about the necessity of treating this and how closely she keeps an eye on this, especially when she's actually going into court. of course, brooke, today the supreme court did not hold oral arguments but did have their weekly closed door conference. that happened this morning. and we do know that justice sotomayor was inside that conference after she was treated by the paramedics early in the morning. all okay with the justice and she is back at work. and working hard on this friday. brooke? >> glad she's okay. since we are talking about the supreme court, what's the news on the president's travel ban? >> right. that was one of the things that justice sotomayor and the other eight justices were working on. in their weekly closed door conference they issue orders about the cases they'll be taki

>>marÍa sotomayor, era una de las 8000 soÑadores.os jÓvenes, que daca es un permiso temporal, no es algo que va a cambiar sus vidas 100%, es a lo que les estÁ apoyando, pero que recuerden que, es un estatus, y eso no significa que, quienes son ellos como personas, y que siga luchando, y que se involucran mucho con las organizaciones para poder todos juntos cambiar lo que estÁ pasando. >> sotomayor se beneficio de daca por mÁs de incoar aÑos, y entiende la situaciÓn de los jÓvenes quienes hasta el dÍa de hoy deben expuestos a una posible deportaciÓn. >> es un sentimiento muy feo, en que muchos familiares y amigos, estÁn sufriendo en lo que puede pasar, especialmente como sabemos ahora con todas las redadas y todo lo que estÁ pasando las comunidades. >>y como una persona que sabe la angustia de una gran poblaciÓn acogida a daca, este es el mensaje que ella les da a los jÓvenes, quienes se ven a fe ado por la cancelaciÓn del dreamat, por parte del creciente trump. >>contraten a sus representantes, para que sepan decidir, que apoyen a un

. >> sonia sotomayor: gracias. >> kroft: justice sonia sotomayor; her parents immigrated from puertog project in new york. >> pelley: you know, your brother told us that, more than once in this neighborhood, he got beaten up. >> sotomayor: yep. and more than once, i beat up the person who beat him up. ( laughs ) >> why don't you just stop filming now? >> kroft: "60 minutes" has done its fair share of exposeÉs, lare and small. congressman! congressman! we blew the whistle on insider trading in congress. >> we'll make a deal. okay. >> kroft: and the never-ending parade of small-time cons, like turning back the odometers on used cars to get a better price. this is not exactly legal, right? >> bill whitlow: this is not exactly legal, no. ( laughter ) >> kroft: bill whitlow told us how it's done. i want to show you one thing. and, we showed him how we do it. see that picture? there's a tv camera back there. >> whitlow: yep. >> kroft: sometimes you have to ruin somebody's day, but it's always somebody who deserves to have their day ruined. the good news is we're not cops. >> whitlow: well,

. >>> coming up sonia sotomayor here with the accuweather forecast., homeless, selling my body to get high, locked up, a slave to heroin - that was my life. married, a homeowner, a professional, recovering and thriving - that's my life now. i got help. you can too. new years means a new day for those struggling with addiction. don't suffer. don't wait. choose help. call 844 reachnj or visit reachnj.gov >>> today feeled like the middle of summertime. >> 44 degrees, wait until tomorrow in the 50s and friday in the 60s with rain. let go live to sky 6 hd, wearing shorts. taking a look at the rothman ice rink a nice night to get out done skating and walking and temperatures on the mild side. we warm up as we head to the weekend and a lot of eyes on what is going to be happen on saturday for the divisional playoff game at the link. eagles falcons and if you head there bundle up. we have cold air arriving during the day on saturday. the clouds are breaking and the rain will be over but it is going to be breezy and temperatures are dropping at 4:00, when we h

only a prohibition. >> justice sotomayor. >> taking justice alito's hypothetical, i walk in and say, it is the government's burden to prove this case beyond a reasonable doubt. it means they have to prove each and every element of the offense the mens rea, whatever other important element there is mutting your focus on mens rea. >> the government alleges all these things, ladies and gentlemen, of the jury it is going to be required to prove each and every element to your satisfaction beyond a reasonable doubt, i am going to introduce evidence in this case that is going to convince you even if you find that the defendant committed these hurts, he did not act with the requisite mens rea. >> that is easy for you to say in a case that you're imagining. what i'm wondering is, if there are other cases where might be far more difficult to come up with that answer? and therefore, i'm asking you this question. , suppose the opinion were to sigh in this case the lawyer explicitly said to the jury he is guilty of the crime charged. that the sixth amendment forbids. but, the rest of these compli

loeb, if i can follow up on justice sotomayor's basis and justice breyer, you raised two on which you might prevail. one a property law theory essentially, as i understand it that possession is good title except for people with superior title and i understand that, that's an ancient common law rule and i go back and go all of the way back to joseph's story or i can do this reasonable expectation of privacy test and that's what we've been struggling with so far and we have to ask what the nature of the contract is and the terms of the contract and we might want to look at the nature of the relationship between mr. byrd and miss reed. there was a lot of debate in the briefs over whether their boyfriend or girlfriend and fiance and common law, or someone is cheating on someone else and that's in the briefs that we have to contend with and the question whether the test is an imperical or normative, and do we look at what they are by social science data and get my law clerks or do we just announce normally what we think it ought to be. should it depend on regional and cultural norms across

a supreme court spokeswoman says justice sotomayor your is doing fine after being treated at her washingtonday for low blood sugar. the spokeswoman added that the 63-year-old, who has type 1 diabetes, was able to go to work. defense secretary james mattis says terrorism is no longer the primary threat to u.s. national security. speaking today in washington, he said the military must be strengthened as competition from will powers grows. he described the power as eroding. >> we face growing threats from revisionist powers as different as china and russia are from each other. create ahat do seek to world consistent with their authoritarian models pursuing veto authorities over other nations' economic, diplomatic, insecurity decisions. >> a defense department strategy report echoed the remarks from calling forttis, "increased and sustained investment in the military." in australia, a drone was sent out to see to drop a flotation device for two teenagers caught in a riptide. officials describe it as the world's first rescue of its kind. they were about a mile and a half from lifeguards who were

justice sonia sotomayor asking "how can we read this statute to permit you to begin the process of disenfranchisingolely on the basis of that with no independent evidence whatsoever that the person has moved? justice anthony kennedy it seemed to speak for a majority on the bench saying the reason they are perjuring them is they want to protect the voter rolls from people that have moved and they are voting at the wrong district. that's the reason. what we're talking about are the best tools to implement. >> this is permissible because what ohio doing is lawful they are not knocking people off the rolls simply because of a failure to vote. instead what they are doing is they're saying you failed to respond to our inquiry. >> we have this culture that's come up of trying to limit the vote as much as possible in order to gain a partisan advantage. >> shannon: we expect a decision on the court by june. the washington free beacon alleges white house officials and congressional leaders are scrambling to save the iran nuclear deal. the white house is staring down a friday deadline in order to preserve the

how about justice sotomayor are calling paramedics to her home friday to treat low blood sugar?body have any thoughts about ruth bader ginsburg at 84? is she ready to retire? here is your answer. >> how is your health? >> very good. the answer that will continue to be my answer. as long as i can do the job full steam, i will be here. [applause] >> juan: there you have it, the notorious rbg. in it for the long haul. >> dana: did you hear, nina totenberg of npr and ruth bader ginsburg have been friends. ruth bader ginsburg got a phone call from nina totenberg when she was in college, asking about an amendment issue. they became friends. >> greg: great story, dana. >> dana: i am trying to stretch. we will go to jesse. >> jesse: i want to thank joe norton working the stadium. he knows what i'm talking about. thank you very much. >> dana: tell us. >> jesse: i want to thank my man ryan for hooking up the tickets. i appreciate this. >> greg: what is this? who carried in your pipe? [laughter] >> jesse: tonight i'm going to be on "the story" with martha. she is a big patriots fan and i'm

like supreme court justice sotomayor, from rosie perez to j. lo to ricky martin. and there's geraldo riv -- moving on. well, if i want to get my questions about puerto rico answered, then there's one place i should go -- new york? why? because there's over 1 million puerto ricans living in greater new york city. ♪ in fact, there are 5 million puerto ricans living in the 50 states, which is crazy when you realize that puerto rico itself only has 3.5 million people. luckily, i'm going to start my education with an actual scholar, my friend rosa clemente. in addition to being puerto rican, she's a community organizer, journalist, hip-hop activist and all-around ass-kicker. so, puerto ricans are american citizens. >> not by choice. >> there we go. that's what i wanted -- >> no one asked puerto ricans do you want to be american citizens? in 1898, the united states invades puerto rico and claims it as a prize from the spanish/american war. after 1917, anyone that's puerto rican is born as an american citizen, but we're still dealing with a colonial government. >> now, h

the high court's 7-2 ruling was submitted without explanation, with justices sotomayor and ruth bader ginsburg dissenting. last week's lower court ruling marked the first time a federal court has struck down a congressional map because of political gerrymandering. thursday's freeze by the supreme cocourt is likikely to keep in e north carolilina's long, windin, and oddly-shaped congressional districts through november's midterm elections, in a delay that will likely benefit republicans. new w data from nasa and the united nations show 2017 was the among the hottest years in recorded history, second only to 2016, as global carbrbon dioxide levels soared to a new record level and global surface temperatures rose by 2 degrees fahrenheit above pre-industrial levels. this is omar baddour, senior scientist with the world meteorological organization. >> today we can announce that [indiscernible] we can say it is part of the record.rmest records onn 2015, 2016, and 2017. amy: 2017's near-record heat came without el niÑo weather patterns that historically drive global temperatures higher, sugg

capitol hill producer alex moe, frank thorpe and producer on the nbc news capitol hill team, mariana sotomayorthey've all brought their top ten things to watch in 2018. for those of us who know you frank thorpe, we'll be unsurprised to learn that you sent seven because you're an overachiever. and i want to start with your number six. you asked, does the gop tax reform bill become the republican obamacare over the course of the next year? what do you mean by that? >> senator mcconnell was asked this after the senate passed the bill. and this is a question republicans and democrats are looking at going into 2018. whether this bill will be able to be hung on republicans the same way that it -- that the affordable care act was hung on democrats. >> this bill, when it was passed, this bill was more unpopular than obamacare was. and democrats went on to lose several elections. >> correct. but republicans look at this in a different way. senator mcconnell, he thinks of this as an argument they can win. they can go out and sell this. they're going to go out and make a concerted effort to sell this thi

example of having too many occupants in an apartment, for example and this is getting back to justice sotomayor questions. you don't have the clear well established legal norm that you have in this case. and you don't have to believe me. if you look at the brief from their side from the national montana ris association, footnote two, it is familiar to anyone who rented a car. >> how important is it, the police have access to the actual agreement? one thing i think is important in these types of cases the ability to give clear guidance to the court and the police. they pulled the car over, that is the most dangerous situation they confront. are they supposed to conduct an inquisition, who gave me permission to krus this car, who did she say, all of that. is there anything wrong from your perspective in a rule, if it is a rental car look at the agreement if they are not an unauthorized driver, it doesn't matter what the positions of the person who rented it is and but -- would you be arguing that the search was permissible if you didn't have the rental agreement? >> in the car? >> yes. >> i think

>> so this gets to justice sotomayor's question as well. there is a little bit less mobility inside the garage. there's also more expectation of privacy in a garage -- >> the difference between opening a garage door and just walking out and getting into a car is dim minue minimis. it happens just as quickly. >> what i said september totally satisfactory. in mcneely you said you don't really look at the policy justifications behind -- >> if the dissension, and there is no real dissension, why as justice gorsuch suggested, you're asking us to expand the automobile exception dramatically, and to basically make an all-time exception forever. even if the driver -- even if the police know that the driver of this car is away on vacation and won't be returning for two weeks. even if they know that, they're not required to go to a magistrate and get a warrant? >> your honor, that's been this court's law for decades. and i wouldn't see it as expanding it -- >> when i look at the automobile exceptions, history going back to carroll, it was actually an

>> justices sota my yore and kagan, justice sotomayor is concerned about what she says appears to be disproportionate impact of ohio's process on cities and neighborhoods that have a high percentage of low-income workers who work odd shifts, have difficulty getting to the polls, and also on minorities, she pointed out there have been a number of new voter restrictions put in place by states that create even more obstacles. justice kagan looked at ohio's argument that, no, it's not the trigger, the two-year trigger that removes voters, it's the failure to respond to our confirmation notice that removes voters. she looked at it and said, what it looks like to me is failure to vote, failure to respond, failure to vote. >> brown: yeah. and he didn't quite agree it was the cause of the removal was the confirmation notice. >> brown: so briefly, there's a lot on the docket for the court this year, the voting rights and redistricting. >> yes. >> brown: but the political implications perhaps of this particular case? >> well, as you probably know, ohio sative a battleground state. >> brown: i

of having too many occupants in an apartment, for example, and this is getting back to justice sotomayor's questions, in those cases, you don't have the clear, well-established legal norm that you have in this case. you don't have to believe me on what the legal norm is. if you look at the amicus brief on their site from the national motorists association, they say the rental agreement is familiar to anyone who ever rented a car. that theportant is it police have access to the actual agreement? one of the things i think is very important in these types of cases is the ability to give clear guidance on only to the courts, but to the police who have pulled the car owner in a middle of a situation, the most dangerous situation they confront, and you know, you are seeing, well, are they supposed to conduct an inquisition? "who gave you permission to use this car? what did she say?" all that. is there anything wrong, in your perspective, with overall that if it is a rental car, look at the agreement. if it is not an authorized driver, that's it. in other words, it doesn't matter what the positi

to handle these cases, the most recent stay order, the only dissenters were justices ginsburg and sotomayor. the state orders, -- the stay orders had said absolutely nothing about the likelihood of success. the dissent by justices thomas theito and gorsuch, from granting of a stay on travel ban 2.0, said, of course, the granting of the state means the applicants have likelihood of success in the merits. look on whether the votes on the stays has something to tell us about what the justices think about the merits. the merits include can these cases be litigated at all? does the statute bar a form of national origin a form of discrimination something that would be significant in future cases involving future presidents and future classes of immigrants not involved in these troubled bands i -- travel bans at all? may end up losing a lot of merits. or maybe not. this is queued up for the end of the term. i expected to be argued in april. it should be very juicy to see, not just the arguments made, but the questions made by the justices. how theou elaborate establishment clause does not apply to

you let everybody enforce it and the enforcement priorities that justice sotomayor alluded to work on the federal level as well. if you preempt state law, that tends to not have a budgetary impact either. but what's distinct about this is that it basically says, look, 46 states, if you want to regulate this in 46 different ways, have at it. if you want to repeal those laws, you can do it. that repeal itself won't violate 37-021. the sports gambling that takes place pursuant to it might violate 37-022. i think rather than have a one size fits all federal felony where everybody is going to get the same exact sentence, having a system where one state makes it a misdemeanor, another state makes it a felony, another state goes at it with all their enforcement policies -- >> what's the line you would draw as between preemption and commandeering? >> i would draw the line this court drew in new york versus prince because it was writing against the preemption statutes that various parties were saying relevant and the court was distinguishing. i would say unless congress tells states they must

to lawmakers saying the president's campaign was not fully informed when the president promised sotomayorg the campaign. well, that did not sit well with the president. he's up tweeting this morning saying, quote, the wall is the wall, it has never changed or evolved from the first day i conceived it. george, this is why lawmakers are so frustrated up here saying in part that they need to know where the president stands, what he's willing to sign to protect these d.r.e.a.m.ers. >> it's not often you see the president in debate with the chief of staff in public. >> that is unusual. but now to some smooth moves on the court. hope you've seen this. 21-year-old cory little of baltimore, egging on his opponent. a local police officer. look at that bouncing over his head making the shot. oh! cory's reaction is absolutely priceless. he's got like 25 million views. what's really cool is -- look at this again. i can't believe he fell for it. but cory and the other guy said it's so cool. this is their words so cool to have a police officer come in, play ball and as they put it kick it like that wit