i think the principal reason to overrule abood is that all of the rationales offered in support of abood's result directly conflict with other precedent of this court. so by overruling abood, you don't do what you're saying, you do just the opposite. if i could walk through the list for you, the standard of review, the new rationale for abood is it's subject to deferential government as employer review. it's contrary to harris, it's contrary to knox, it's contrary to abood itself, which is huge pickering analysis. the notion that the union's duty somehow justifies agency fees because they've got a duty to represent nonmembers, which we've chatted about, that comes from the dissenting opinion in lehnert. so you'd have to overturn lehnert, which characterizes this argument as turning the court's principles on its head and is wholly unworkable in the name of preserving another precedent. the notion that collective bargaining doesn't involve matters of public concern, which has been offered up, that's contrary to harris, abood itself, which said it was, pickering, which involved basic issues o

. >> those cases start with abood. those cases in abood is a framework that those cases decided questions that they decided specifically within the framework. >> a lot of cases cite cases but the question is -- >> this is the way we look at mandatory fee cases. >> again i must respectfully disagree. they do have that income at that level of generality of the key distinction as harris pointed out between giving money to a bar association and giving money to union. the key thing is that the bar association is a non-speech restriction. it's like what the court said andy glickman commercial speech context. the initial association has nothing do with speech. it was regulating lawyers, not advocate on behalf of lawyers. >> bar associates do things all the time was disagree with. they take public policy positions on certain issues and other issues your i mean, i think would be impossible to make a distinction on that sco score. >> keller struck down those kinds of the candidates by bar associations, taking positions on federa

i think abood did site pickering. both sides were arguing pickeriing. >> in terms of substantive analysis. >> i think it shares the key point. that this court's first amendment law in the public employment context has, overtime, converged with abood in that the cases, generally, have recognized that when government is acting as employer, it has interest that if government were acting and regulating the citizen ri, it will justify the speech. >> pickering is the heart of your arguementeds. i do want to ask you a couple questions about it. is it different, the situation here, in several respects? one was brought out. the pickering case is involved the termination and the discipline of the public employee after a single employee, after the employee has made a statement that to which the employer objects. this is a per spect uf rule that applies to a huge category. the second is restrictions on employees saying are the same as compelling an employee to a statement or subsidizing a statement. as to the lat other, there are

is one abood didn't? that's what i here most prominently in the presentations and yet abood did not even cite pickering. >> i think abood did cite pickering. if one looks at the briefs, the parties on both sides were arguing pickering. >> in terms of the substantive, it can't be called a pickering case. >> no, but i think it shares -- what i said at the outset is the key point. this court's first amendment law and the public employment context has converged with abood in that cases reck niognizereco wouldn't suffice to justify -- >> pickering is the heart of your argument. is it different from the situation here in several respects? one was brought out, pickering -- the pickering cases involve the employee has made a statement to which the employer objects. this is a prospective rule that applies to a huge category of employees. the second is whether restrictions on what employees can say are the same as compelling an employee to make a statement or subsidizing a statement. >> as to the latter, there are

so some might think abood might be overruled. i don't think. what i want to ask the group is what should we look for when we read about or listen to oral argument on monday that might indicate something will happen we don't anticipate. who wants to go first? >> well, i think anyone who thinks you know anything is baked in supreme court decisions hasn't had a lot of support. jeff referred to the case where everybody believed there was a significant change in the class action rules and there was a minor change. i think no one knows what can happen. i do think to expand your question a little bit, you know, the court has a serious question to confront in terms of overruling and the standard it will apply. its precedent says a court deciding a precedent is right wasn't enough. and i am a little bias because the brief i wrote addresses these factors. 35 years without being questioned, relied on in the bar association cases, so i think you have to step back and i think people who care about the court have to say, we are in this incredibly polarized e

joseph abood, defense 2:09:28-2:09:35 "she's doing somewhat better. she's still in a difficult state of mind. i'm not sure there's much more we can add to that." the whole hearing took less than five minutes... but we have a lot more new... two for each of the 34 surviving victims... including attempted murder. they dropped the leaving the scene of an accident charge... but added another child abuse and neglect charge because of the 11-year-old she's accused of hitting. the other abuse and neglect charge was already in the books because the prosecution says in the car with her... watching the whole thing. 2:11:47-2:11:52 "there are a lot of charges, but none of them are things that we didn't anticipate." toxicology results revealed holloway had marijuana in her system when the crash happened... but experts said it doesn't prove her driving was affected. she'll be back in court in about two weeks... giving her attorneys time to see if the new charges and the evidence match up. at the regional justice center parker collins channel thirteen action news.

joseph abood, defense 2:09:28-2:09:35 "she's doing somewhat better. she's still in a difficult state of mind. i'm not sure there's much more we can add to that." 2:11:47-2:11:52 "there are a lot of charges, but none of them are things that we didn't anticipate." holloway should be back in court in about two weeks. seven months after an 11 year old is killed... his mother now indicted for is killed... his mother now indicted for murder.. the shooting happening in the spring of 2014. action news reporter mahsa saeidi has been working to get more information on the case... and the delay... and joins us now live from near latest. mahsa? police are looking for a man right now who they say is armed 358-406 "we've got what looks like a darth maul mask which could be mistaken for a clown mask. also, we got a bunch of guns over here." 20:19- they're saying a male just ran through their backyard. i'm trying to get a little more info. the manhunt started around 4 this morning...when police tried to pull over a man and woman...both ran. they got the woman who was

take sot joseph abood, defense 2:09:28-2:09:35 "she's doing somewhat better. she's still in a difficult about two weeks. in the newsroom parker collins channel thirteen action news. > right now, a man who police on the run! police confronted a man and woman parked at a gas station for a parking violation. but they both took off... the woman went one way in the car... the man ran in the opposite direction. lt. david gordon, lvmpd img0433 00:00:11-00:00:19 "something can go instantly from a routine traffic stop or citizen contact to a very violent encounter." eventually, officers caught up with the woman. inside the car, they found guns and drugs. the search has been called off... but police are looking for man. officers think they know who he is. run, hide, fight. thats what law enforcement officials taught some local small businesses owners today... in case they ever found themselves in an active shooter situation. action news reporter marissa kynaston was at that training and tells us why the city wanted to focus on small businesses. < officials with the cham

joe abood / deputy public defender "we've got a client who's in a very difficult mental state that we have to pay attention to, there's a lot more information coming." the attorney says holloway has been taken off suicide watch - but remains in jail. prosecyutors say marijuana was in her system at the time of the crash. holloway told investigators that the influence of drugs or alcohol. a federal trial date has been set for a las vegas man accused of posting facebook threats to harm president obama. court records show the jury trial for tyrone paul ponthieux is scheduled for april 18. in june - he pleaded not guilty in u-s district court on charges that he made threats against the president - in addition to drug charges. he's accused of posting a message in 2014 for people to get guns and shoot congressmen, senators and the president - and to use a wood- the job. state audit - comes nevada taxicab authority. it says passengers are being unfairly charged... for tens of millions of dollars. fox 5's ophelia young is in front of the taxi pickup international airport with details of the re

joseph abood, defense 2:09:28-2:09:35 "she's doing somewhat better. she's still in a difficult state of mind. i'm not sure there's much more we can add to that." holloway will be back in court in two weeks. another woman is facing murder her 11-year old son. investigators say shavon aguilar shot her son.. israel.. in the head. according to police.. she was laying next to the fifth grader and whispered "i love you" before pulling the trigger. action news contacted the d-a's office to find out why there was a delay in the indictment.. but we were told the case cound't be discussed because the victim was a child. the uproar over the lack of diversity at "the oscars" is picking up steam... members of the academy are now speaking out.... defending those now controversial... oscar votes. actress penelope miller saying... "to imploy that this is because..... all of us are racists is extremely offensive." meanwhile... director spike lee and actress jada pinkett-smith are boycotting hollywood's big night... and now... pinkett-smith's husband... will smith is s

joseph abood, defense 2:11:47-2:11:52 "there are a lot of charges, but none of them are things that we didn't anticipate holloway is due back in court in two weeks... until then, her attorneys say evidence to see if the charges match up. meanwhile, another woman is now charged with murder and child abuse, for the death of her 11 year old son. investigators say, back in 20-14.. shavon aguilar shot her son, israel, in the head. we reached out to the d-a to find out why there was such a long delay in aguilar being charged, but they said the case couldn't be discussed because the victim was a child. jennifer lopez has officially taken over the planet hollywood! the singing super star kicked off her new show, with a celebrity filled red carpet event. filled red carpet event. our crews were there to catch it all. cameras flashing, stars everywhere! and it looks like everything went off without a hitch! overnight, caesars sent us these pictures of the show. her residency runs runs now through february 9th, and then picks back up again in may and june. and dayna all this morning the stars have

joseph abood, defense 2:09:28-2:09:35 "she's doing she's still in a difficult state of mind. i'm not sure there's much more we can add to that." three of those victims remain in this hospital...holloway will be back in court in two weeks. now to a story you asked us to investigate... several viewers are asking for streetlights in their neighborhood to be fixed, but are being left in the dark,, with no action or answers. car crashes early last year knocked down street lights at buffalo and gomer and buffalo and blue diamond and they still haven't been fixed. 13.34.31 i know for sure that they hoa would never allow a resident to have something in disrepair 37 in their front yard that's visible to the community 39 so why should the master developer be allowed to have this sit there for so long the master developer says their first priority was to fix downed lights along buffalo south of mountain's edge parkway this summer. they also say they're facing road blocks from insurance companies that would give them the money they need and other construction projects are slowing them do

attorneys after the hearing who say they will do everything they can to fight for their client: ((joseph abood/deputy public defender: "they will charge her with what they believe they can prove pursuant to nevada law and just because she's charged doesn't mean she's guilty so there are all kind of possibility that we have to look into determine what happened here it's too early to tell."// scott coffee/deputy public defender: "there are concerns about her mental condition, she was in that 24 hour watch situation for weeks which is highly unusual in my experience there are concerns about her mental health but she is stabilized in protective custody at this point." )) defense lawyers are asking for more time to review medical evidence to determine the extent of injuries to those on the strip. as for holloway, she's not on suicide watch, but her attorneys say she is in an isolated cell to make sure she can not hurt herself. holloway remains in custody without bail. her next court appearance in ((paul joncich)) > 11-million dollars... that's the bail amount for a las vegas man accused of running

joseph abood, defense 2:09:28-2:09:35 "she's doing somewhat better. she's still in a difficult state of mind. i'm not sure there's much more we can add to that." holloway should be back in court in about two weeks. back to you. back to you. an update now to a story that broke overnight... police are still searching for a man near vegas drive and rainbow. the manhunt started around 4 this morning...when police tried to pull over a man and woman...both ran. they got the woman who was armed...but the man is still on the run right now. police say they found their car with guns and drugs inside. police called off search...but they think they know who the man is... the big story today-- the weather, we had a rainy day today greg? with a slight shift south, instead of keeping north, of yesterday's low pressure system, wide spread showers entered the valley and continued through the evening. today, that low has moved on and now we are under a small area of high pressure. through southern nevada today. high temperatures were looking to be closer to the mid 60

. >> abood scored 19 points adding a game high seven point against miami. >> we showed we can guard and compete with anyone on a daily basis. >> every game in every basis, that's what was addressed which you can control what you can >> enthusiasm, effort, energy, and emotion. night. we may not make every shot, we may not do anything good, but we can control those four things. >> they did on this day and the result is a 16 point win over nation. supports. >> we like to spark something good for the cats. the tar heels hosted boston college eagles, but unc had no problems winning 89-62 to stay perfect. the heels head to louisville. >>> we're one week away from super bowl 50 and as the carolina panthers prepare to take on the broncos they have a very special fan on their side. this is mary ward, knife years old and lives in lincoln county near charlotte. mary started watching the panthers more than 20 years ago when he great grandson asked her to watch a game, she instantly that pose now made famous by cam newton. >> i love the panthers and i don't watch none other but them. the only time i

>>sl winet,pi hap inesss ru ung nnin ttohere stoh wit nowo srrieut abood dging pazaparzi.>> y veror ftetuna we live in lylovemu com wnityhere we live.we ju're star pt ofhe t uncommity.>> c you ganet aua qrtf o milkno vet ha to worry about hianytng. ot>> n anyro pembl. i do the school run in mydr ngessin, gowh bat.robepa s.jama so ablylute. >> ats thioi pntt iee s kmsate ns wi dlet'toesnt wano t l aivese mcond ooreerf hif leha tnhe s s hatori woredbo aut ssunlef, o ce,ours's she gichanheng term h tselfona sg a trole jhat mustight put i hern rtheunningor fer h nextsc o.ar o >>d:sgoo ahoy. d. ahea towe sp tharparitis in, so on you de 't havp.to sto usbecau e yoevbeli ge ino. rd onwa. y' todadas the y. ca dirpe em. letylno 8 ahrhrrtisitai pn ha las two f yers oelpain rief. e tht firsasis ft. sethe lcond aastsayll d. we iv gu e yo dyouracay bk. ouwhat yo d with upit is u. to yo ltyleno . an[ scbener g epin ]r, si ulcod styou deep asi? ir "se "? com on.knyou iow who am.og prree ssivrainsunce? d dickyou payo bur own ags?oh t ! righ --nathe r me youtoprice ol. s it phowse eoplcypolins optioto fi he

garrett: andy, you brought abood into the conversation. you want to finish this up?t to strengthen collective bargaining relationships with employees. they have gone so far as states saying we will have fair share fees to the other end, stay saying we will have no bargaining with employees, we will set the terms of the implement unilaterally. , that's great. -- if you want to come work for us, that's great. talkinge here, win about the policy, free rider are not, could the services be provided by the state, these are decisions that they are making on what works best for them. level, itc policy seems to say that the constitution should dictate that unless there is an important constitutional right that would be infringed, which takes me back to my nerd point. are we going to change the rules and say in this context there is a constitution -- and it goes -- theythe intrusion rooftops from the about how terrible they think the union's position is. on one hand, they are not demanding enough from the government or they are focused on the wrong things -- there is going to

. >> he is sammy abood yousef. he is the imam of the tallahed mosque in cologne.women. >> it's a big mosque. >> been investigated in the past reportedly about 10 years ago but nothing apparently has happened from that. is he is defending this. a thousand men. >> absolutely defending it? >> they describe as arabic and north african. 5211 sexual assaults, three rapes. >> how many arrests? >> eight arrests so far. >> all north africans? >> they won't describe all of them but the first was asylum seeker, 26-year-old man from algeria and arrested in a refugee center. >> okay. throughout europe now, we are having -- we ran a story yesterday in sweden, where there was a tape, a woman was actually accosted. how badded is this situation over europe. >> it happened in other places, sweden and austria and switzerland and finland. this is not just unique to that one night in cologne in front of the cathedral. >> is this imam alone in his craziness put on perfume and dressed in a western style? you are a legitimate target for this kind of stuff? >> that's apparently his view.

>>sl winet,pi hap inesss ru ung nnin ttohere stoh wit nowo srrieut abood dging pazaparzi.>> y veror ftetuna we live in lylovemu com wnityhere we live.we ju're star pt ofhe t uncommity.>> c you ganet aua qrtf o milkno vet ha to worry about hianytng. ot>> n anyro pembl. i do the school run in mydr ngessin, gowh bat.robepa s.jama so ablylute. >> ats thioi pntt iee s kmsate ns wi dlet'toesnt wano t l aivese mcond ooreerf hif leha tnhe s s hatori woredbo aut ssunlef, o ce,ours's she gichanheng term h tselfona sg a trole jhat mustight put i hern rtheunningor fer h nextsc o.ar o >>d:sgoo ahoy. d. ahea towe sp tharparitis in, so on you de 't havp.to sto usbecau e yoevbeli ge ino. rd onwa. y' todadas the y. ca dirpe em. letylno 8 ahrhrrtisitai pn ha las two f yers oelpain rief. e tht firsasis ft. sethe lcond aastsayll d. we iv gu e yo dyouracay bk. ouwhat yo d with upit is u. to yo ltyleno . an[ scbener g epin ]r, si ulcod styou deep asi? ir "se "? com on.knyou iow who am.og prree ssivrainsunce? d dickyou payo bur own ags?oh t ! righ --nathe r me youtoprice ol. s it phowse eoplcypolins optioto fi he

i think the states have been given a lot of leeway and abood gives them a lot of leeway with respect to this issue. the question is is that leeway going to be limited in a pretty drastic way? i guess with respect to pickering, what pickering says employer ist's basically going -- government as employer is going to act as private employers do with some limitations. that is the theory. that is true with the first amendment. that is true with respect to the fourth amendment. so, that's really the principle here. this is not a question about creating a system where the government is financing its enemy. that's not how collective bargaining works. the government has decided that having a well-established bargaining partner will lead to labor peace, because employees will feel well represented, and will enable the kinds of achievements in terms of workplace safety and other things that are possible when you have someone who has the ability to take on those kinds of things because they have a financial base. that is the problem with the idea that this will all be voluntary. if you put aside