then he goes on to say what justice alito says. now i did read that as saying when you apply for it consistent with they say is elsewhere is what they are doing is population growth you have to have one, the legislature in the new plan did create a minority in the opportunity district here but they are taking account the population and it turns out we do create it as in which case there is an ambiguity. >> precisely and there is no independent evidence that this was a racial gerrymander. what do they look at further racial gerrymander? the voting precincts you go out and carve and bring in the minority voters. the district maintains the precincts in tact. it's entirely within one county. it's a compact district especially when you compare to the district in that part of the state. >> why do they care event that there was strong as a minority coalition opportunity district? you are saying they didn't do that at all. why would they say something? >> i believe it is describing what the result of the drawling is and i think that is per

it struck me in that moment that probably sam alito actually believes that. either he was duped because i don't think john roberts believed that and i don't believe for a minute scalia who had been through you know the two thousand election believe that. either he was duped or or there was some vision that they had that somehow didn't get played out we all missed any idea what that might be. tom when i think about this i think about the fact that the movements that we've seen that have been successful in pushing for a response to supreme court decisions that that are at odds with where the ordinary people are at it's actually a sterling example of how the checks and balances that our constitution set up are there for a reason when people like this from court justice alito have a genuine belief in a belief system that's at odds with the american people they need a tool an opportunity to restore the balance and so that's why our organization others are actually pushing for a constitutional remedies to this decision that will restore that balance what might the

that is why justice alito suggests we said only the district court in d.c. and the attorney general should do is let's wait until they do it and go from there. >> we are not asking of the regional court to mimic the d.c. courts's function. we are asking it to perform correctly. one of the rules this court makes clear is the regional court retains and that is to provide temporary relief. if we look at the court's decision that has worn off a regional court from irrigating to itself the final pre clearance decision and thinking of conner against wallace, the same decisions say with this is not prejudiced your ability for temporary relief. opposition is simple. if we are in a situation where the regional court has to provide temporary relief then it should apply the same standards i would supply everywhere to courts issuing temporary relief. >> not taking into account the fact that as justice sotomayor said the justice 5 operate as an injunction against the use of a non free cleared plan. >> we're taking that into account. that is what is going on here. ask you

no longer promote the public good here's a back to that supreme court decision again the brier and alito wrote in twentieth century music or versus a can in one thousand nine hundred five this court says that underlying copyright is the understanding that creative work has to be encouraged and rewarded but private motivation must also must ultimately serve the cause of promoting broad public availability of literature music in the other arts. he also said and he and sony corp purses america universal city studios in ninety four the court this court the supreme court speaking of both copyrights and patents points out that the monopoly privileges that congress be authorized are not primarily designed to provide a special private benefit rather the limited grant is a means by which aren't are important public purpose may be achieved finally in the supreme court decision again the supreme court writing about copyrights they said congress has expressed similar views in congressional reports on copyright legislation does for example in one thousand nine hundred two a house report says copyrigh

this day on that, but when people ask me about arlen specter, i have two words to say, roberts and alito doubt, if it wasn't for arlen specter, sam alito would not be on the court today. >> how about that, michael steele? >> yeah. >> i pushed back because what rick perry said to me, he said without specter being the 60th vote, a lot of stuff could have been stopped in the obama administration. >> that's an interesting pushback that he recognizes with this quasi leadership role that they'll come after him and he's ready to take them on. he made a principled decision along with a lot of other republicans at the time. guess what, if i hadn't done that vote. that would have lost it in a presidential year. stick around. i want to talk about newt genning rich and his inability to stay on his message. >> tribute time, we asked since 1972 who was the only person to lose the iowa caucuses and go on to win the presidency? the answer, of course, bill clinton in 1992. clinton didn't really play in iowa. he lost that to tom harkin and then he actually lost new hampshire to massachusetts. he still won

alito on the court today because of that.l proud of the fact i was willing to stand up and fight for what i believed in. making sure that the court, which is unfortunately an important body in this country now would have those conservative justices and the 5-4 majority for at least several years to come. >> sean: senator, good to see you. congratulations. good luck in polls and caucus tomorrow. see you next week in new hampshire. >> my pleasure. >> sean: senator rick santorum. newt gingrich and michele bachmann join me later in the hour. but first, mitt romney. he has been campaigning hard in the hawkeye state. the g.o.p. front runner is here to explain what a win tomorrow could mean for his white house bid. that's coming up straight ahead from des moines, iowa. ♪ ♪ >> sean: welcome back to "hannity." we are coming to you live from iowa. ahead of tomorrow's caucuses. former massachusetts governor romney is now leading in the poll in several polls here in the hawk yea state. may m are predicting he will pull away with a win. b

alito on the court today because of that.l proud of the fact i was willing to stand up and fight for what i believed in. making sure that the court, which is unfortunately an important body in this country now would have those conservative justices and the 5-4 majority for at least several years to come. >> sean: senator, good to see you. congratulations. good luck in polls and caucus tomorrow. see you next week in new hampshire. >> my pleasure. >> sean: senator rick santorum. newt gingrich and michele bachmann join me later in the hour. but first, mitt romney. he has been campaigning hard in the hawkeye state. the g.o.p. front runner is here to explain what a win tomorrow could mean for his white house bid. that's coming up straight ahead from des moines, iowa. ♪ ♪ >> sean: welcome back to "hannity." we are coming to you live from iowa. ahead of tomorrow's caucuses. former massachusetts governor romney is now leading in the poll in several polls here in the hawk yea state. may m are predicting he will pull away with a win. b

the fact is that at the same time, the justice alito understands some of those cultural issues. it is interesting. the supreme court of the united states today has no protestants on the supreme court. isn't that interesting? we basically have catholics and jews. >> i have been very worried about that, i will tell you. [laughter] >> i mentioned it because i thought it was keeping you up at night. the fact is that i have no doubts that they each will do what they said in their nomination, which is they would apply the law, and what justice roberts said is really probably a similar statement. judges are supposed to call balls and strikes. that does not mean that they don't understand -- as a matter of fact, why do you have a diverse jury? the appellate court is just another type of jury, right? the supreme court is a very different kind of jury because the supreme court, and having only had one case before them, i learned very quickly that president -- precedent is not as important as the justices, who will decide what the law is. they will change what the lot is if they get a majo

kagan and alito concurred in one of the separate concurrences. that tells you something important. >> first words inr the bill of rights -- "freedom of religion." >> would it have made a difference if she had been driving instructor at the school or gym teacher? >> she was. she taught mainly math and science, but in order to get tenure -- >> she had a calling, a vocational thing. the court said we are not the ones who are going to decide what kind of coordination is required -- ordination is required. the church will decide on its own ordination. the point is that religion is not effective government, government is a threat to religion. >> a little bit about the construction of what the federal government was doing. the federal government is not desired -- does not decide who can be hired at an institution. this was about whether you can discriminate against a person in hiring and firing. they took the purist position that you cannot do this trade with the court found was that the overriding interest was religion in this case, and it is not a mat

the legislation for the alito -- bill letter expressed negotiations that were happening and this legislation would prevent that happening. it is not the case we have the ability to continue having dialogue and conversation with san mateo in ensuing months. the real thrust of this ordinance is to protect endangered species in this -- of the pacific that area. the red legged frog and the san francisco garter snake. we have difficulty managing our parks financially in san francisco where we have deficits every year. i want to commend the rec and parks department for the work they do. i know they are strapped. i think they do a good job considering the situation in terms of keeping our parks maintained but the liability we have with maintaining sharp park that has a deficit that over five years has had a $1.5 million deficit is not something that makes a lot of sense when our parks department is so strapped to continue its services within the boundaries of the city and county of san francisco north of daly city. i would like to urge you to vote with me on this to override the mayor's beat out an

elena kagan and sam alito concurred in one of the separate entrances. that tells you something. >> first words in the bill of rights -- freedom of religion. >> would have made a difference if she had been driving instructor, or gym teacher? >> she was. she taught mainly math and science, but in order to get tenure -- ->> she also had a calling, a sort of a vocation. the court said, we are not the ones who will decide what kind of ordination is required. the church decides on its own ordination. the point is that religion is not a threat to government, government is a threat to religion, and that is what the court -- >> it little bit about the construction of what the federal government was doing. the federal government does not decide who can be hired in an institution. that is not what the position was. this is whether you can discriminate against a person in hiring and firing. they took the position that you could not do this. the court found was there was an overriding interest of religion. it is not a matter of saying the federal government was anti

justice samuel alito would ask, what would it mean for young guy are they going to be seeing a lot ofeople parading around in the nude and a stream of expletives? he asked. >> [ bleep ]. >> reporter: that was the curse at the hart of this case. fox violated the fcc's rules on decency, based on a supreme court ruling all the way back in 1978. back then, there were only a handful of broadcasters. but today, there are hundreds of outlets. and only old-fashioned broadcasts that use the air waves face a fine. >> time has come to treat broadcast tv on an equal footing with all of the rest of the media. >> reporter: the fcc's inconsistent policing troubles some of the justices. one bad word brings a fine. while a stream of profanity in the tv version of "saving private ryan" doesn't. justice elena kagan. the way this policy seems to work is like nobody can use four dirty words or indecency, except for steven spielberg. chief justice john roberts is the only justice with small children. all we're asking for, he said, is what the government is asking for, is a few channels where you can say, i

were, in some ways, you felt they were writing to justices like scalia and thomas and roberts and alito and saying wait a minute it would not be conservative to overthrow this law. then the other debate is which way would republicans or president obama be better off? would it be a stinging defeat for obama and therefore hurt him or would it take this issue off the table or even allow him to go on the offensive and say well we do need a national healthcare plan again so it is going to be an extraordinary day when the court rules on that. >> are religious groups involved in that, have they got appeals going for them? >> quite a few, especially from the conservative side. one of the first, original challenges to this healthcare law came out of liberty university, founded by jerry falwell. but there's a lot of conservatives who, not only for their conservative political ideology, but their religious ideology, don't like the idea of the government telling them you have to have insurance. and, that's really what the fight is over is the mandate to purchase individual health insurance or pay a

justice alito was one of several justices that empathized, asking the government lawyer, don't you think most ordinary homeowners say this can't happen in the united states? >> under intense questioning today the government's attorney conceded the epa could double penalties to $75,000 a day if enforced at this point the sackettes would face more than $100 million in fines. >> thank you. still ahead, i'll take you along for the ride to see some of the big campaign stops here as we catch up with the candidates. first an american in iran is sentenced to death. checking world news. activist say syrian troops fired or protesters. arab league repeated their demand the government stop the crackdown on descent. senior foreign affairs amie kellog. >> iranian state television says they claim former marine translator amir mirzaei hekmati was sent on a mission by the c.i.a. to destabilize the country and sentenced him to death. his family says he was visiting grandparents. the u.s. government believes the confession was forced and denies amir mirzaei hekmati was an agent. >> we've had trouble for de

he's served our country as law clerk to justice samuel alito jr., judge on the u.s. court of appeals for the third circuit as the longest serving u.s. teern in south florida and senate confirmed member of the national labor relations board, dean acosta has had the distinct honor as being the first hispanic to serve as the assistant attorney for civil rights president the department of justice under president george w. bush. thank you, dean acosta, for being here. [ applause ] next, carlos gutierrez, we're honored to have secretary gutierrez, our conference co-chair, alongside governor jeb bush with us today. [ applause ] he is the 35th secretary of the united states department of commerce, currently secretary gutierrez is vice chairman of institutional client group at citigroup. before his government service, he was working with tony the tiger as chairman and ceo of the kellogg company. thank you for being here. adam putnam. adam serves as florida's commissioner of agriculture. in this capacity he leads a state agency with the mission to promote florida's agricultura

i do not see scalia, i do not see clarence thomas, nor did i see justice alito. so at least three of the conservatives are not there. but looks like most of the liberals came back. john roberts, the chief justice, is there. the fella's got to feel pretty good. >> pelley: here's gabrielle giffords, bob, right there. >> schieffer: yes, this is it. >> pelley: well, that was a remarkable moment, the president greeting gabrielle giffords, the congresswoman who was shot in that assassination attempt in arizona, giving her a kiss on the cheek. the president shaking the hand of the vice president and the speaker of the house john boehner. and now the president of the united states. >> schieffer: he'll get introduced a couple more times, scott. >> pelley: there's mark kelly, gabrielle giffords' husband the former nasa astronaut and u.s. navy captain. >> members of congress, i have the high privilege and the distinct honor of presenting to you the president of the united states. (cheers and applause) >> pelley: and here we go again. >> schieffer: (laughs) >> pelley: this w

channels where parents can be confident that their kids won't hear profanity or see sex scenes justice alito made a point that this argument could be pointless because broadcast networks could be moved in a few years there were two justices however who did speak out in favor of striking down the indecency laws justice ginsburg said that the expletives are common in common parlance today and i think that children are not going to be shocked by them the way they might have been a generation ago justice kagan was on the fence she said it seems to work and it seems to be a good thing that there is some safe haven but then she went on to say it seems no one can use dirty words except steven spielberg and so see here can you brings up a really good point the lawyers for the networks presented their case to the justices explaining of the f.c.c. seems to be rather arbitrary and their actions they went on to say how films of the were aired on television like schindler's wrist list and the movie saving private ryan were able to show scenes of foul language and evil for frontal nudity without any outcr

union address in twenty ten when he called out the supreme court for the citizens united case and sam alito said there and sat there and mouth not true when president obama predicted exactly what has happened over the last two years this explosion of corporate money and billionaire money coming into our political system and wreaking absolute avick. this money power which has taken over congress we must take back and the only way we're going to take it back is through movement politics it's not going to happen through the political parties they're captive of all this money right now politicians democratic and republican a republican would love to not have to spend thirty to seventy percent of every one of their working days on the phone asking for money they'd love it but they are so captive of these of the of these organizations that they need us to create a nationwide movement that will push them to say money is property not speech corporations are corporations not people we need a national movement just just like back when in the in the seventy's sixty's and seventy's when when in just le

>> there is discretion in the inquiry, justice alito. am not going to -- i'm not going to disagree with that. what it looks to is the districting criteria that had been applied by this jurisdiction in the past. for example, in this case-- >> it's not just discretion. it's political discretion. that's what's troublesome about it. it seems to me the government takes an absolutist approach to the proposition that you cannot use an unprecleared plan for any purpose. all the law says is that you cannot apply a precleared plan. the plan being applied here is not the texas legislature's plan, it's the plan -- a remedial plan adopted by federal judges. and to say that they cannot use in drawing up that plan the legislature's last political decisions seems to me not required by the mere prohibition against implementing that plan as the plan of the legislature. what would you do if -- if the district court in washington and the district court in texas, neither one of them acts in time, and it's too late? it's too late to have any -- any primaries

this may be the same question just alito asked. you're saying you do not believe the lutheran church. >> absolutely not. we do not dispute. we assume the validity. >> the belief of the catholic church that priests should be male only -- you do defer to that. it is just as important to lutheran. >> the balance of will to the public and private interest is different in each case. >> do you believe a church has a right that is grounded in the establishment clause to institutional autonomy with respect to its employees? >> we do not see that line in the religious clause as such. we see that as a question of freedom of association. >> i, too, find that amazing that the pre exercise clause has anything to say about it church's relationship with the employees. >> we think this is one of the cases in referring to free association claims -- it is true if the association claimed autonomy in this case is deeply rooted. those things emerge in some ways in that respect -- those things emerge. >> that had nothing to do with who the church could

preschool teachers in jersey city -- in new jersey say they thought that alito barba had a toy in hermouth, but when they looked again, they thought it was actually a mouse. the horrified teachers washed the baby's hands and mouth with soap and water, but her parents say that is just not enough. >> first of all, they should have been watching her more carefully. >> meanwhile, the newark school says it's working with the city health department and exterminators take care of its government problem. >> football may not be over, but orioles fans are already talking b aseball. hundreds flocked to the oldest fans fest yesterday. the band had a chance to get up close with current and former orioles players. they were also exhibits and interactive games for the whole family. as part of our community commitment, many of that wjz took part in the fun. -- many of us at wjz took part in the fun. >> we had a good time out there. reagan's first and then orioles season. they had a good time. you may have a ravens thing to room setup in your main cave or living room or whatever, but the sport legend

justice alito was one of several justices that empathized, asking the government lawyer, don't you think most ordinary homeowners say this can't happen in the united states? >> under intense questioning today the government's attorney conceded the epa could double penalties to $75,000 a day if enforced at this point the sackettes would face more than $100 million in fines. >> thank you. still ahead, i'll take you along for the ride to see some of the big campaign stops here as we catch up with the candidates. first an american in iran is sentenced to death. with thermacare heatwraps. thermacare works differently. it's the only wrap with patented heat cells that penetrate deep to relax, soothe, and unlock tight muscles for up to 16 hours of relief. that's 8 hours while you wear it, plus an additional 8 hours of relief after you take it off. can your patch, wrap, cream or rub say that? so if you've got pain... get up to 16 hours of pain relief with thermacare. [ male announcer ] when kelley blue book's kbb.com gave the 2012 camry a best resale value award, we were delighted. ♪ when it rece

what needs to be explained, justice alito, i don't think that one would guess from anything said today that we are talking about a period of time when the union's chargeable spending increase and the non-chargeable spending decreased. we are talking about a period of time when objecting the nonmembers to not getting paid their share of the chargeable expenditures meaning they do not save 1 penny for any political activities. >> my hypothetical may be different from what happened here and maybe it is an unrealistic hypothetical and you can answer that, but if it were to occur should there not be the hudson noticed? >> i think not because again, it would be caught up in the subsequent year. >> what if the money is going to be used for an election campaign, what if it is going to weigh in in favor of one group in a candidate against another in favor of one legislative candidate against another and on those issues the non-members may have a very strong partisan and ideological objections so why should they not be given the notice at that time? and the opportunity not to give what would be