fit does go to the supreme court, the fact that it's narrower and based on anthony kennedy's ruling in romer, and he also wrote the decision striking down sodomy in 2003. so i think they feel i we target the argument right at him, that will help win his vote fit does get to the u.s. supreme court. >> the actions by officials, obama refusing to defend the defense of marriage act, kamala harris, jerry brown refusing to defend prop 8, how much do you think that is playing into this legal fight? >> well, it's interesting. the defensive marriage act, there are several cases in the federal courts, including two here in california. one of those, the one in massachusetts, may actually get to the u.s. supreme court before proposition 8 does. it's probably going to be at least the 2013 session before prop 8 gets there. so it's quite possible that doma will be struck down before it gets -- doma requires states to recognize marriages that are performed in other states even if it's not legal in your state. it's going to be interesting. i think clearly things are moving. you look at the polls now. t

there is much speculation about justice anthony kennedy. abc 7's nannette miranda has the story. >> the u.s. supreme court is a divided high court with key cases coming down a 5-4 vote. justice anthony kennedy a reagan appointee is often that swing vote. some say it could be the key in skiding -- deciding same-sex marriage. >> he has authored two most-important gay and lesbian rights cases. >> the school of law professor teaches sexual orientation law and knows justice kennedy. coming back to visit or lecture. his portrait hangs in the new library. one colorado case is similar to prop 8. it wasn't same-sex marriage but an initiative denying gays and lesbians protection from things like jobs and housing discrimination. justice kennedy saving that was wrong in his 1996 decision. >> he says that you cannot under equal protections clause single out a group and say we're going to treat you differently because we don't like you. >> we think there is no comparison. >> the attorney says that the rumor case ask z not apply in this case they were exe

but it is widely considered that anthony kennedy becomes the swing vote again in this. >> yes. if you read the decision, his decisions with the ruling this week, his decisions are mentioned almost as often as mitt romney said he was conservative. so clearly steven reinhart -- this is a letter that starts -- "dear justice kennedy." so the question is, justice kennedy wrote a very important decision about gay rights in california, decision striking down the texas sodomy law. will he be consistent? that's the question. gwen: that gives you something to do next year, right? >> sure. gwen: it will bubble up. thank you, everyone. this was a full week and we couldn't get to everything that happened. we will pick up where we left off in our "washington week" webcast extra. you will be able to find us online still talking at cbs.org/washingtonweeg. you will find a lot of other goodies on line as well. keep up with daily developments at the pbs "newshour" and we will see you again right here next week on "washington week." good night. gwen: every thursday get a preview of our topics and

this week three montana corporations took their case to the supreme court petitioning justice anthony kennedy to overturn the montana supreme court's decision and open the floodgates to corporate money in that state the lead lawyer representing these corporations james bopp jr who also happened to its assist with the citizens united legal arguments argued to justice kennedy that immediate relief is needed to prevent irreparable harm to the corporations first amendment free speech right. so how might this shake out first to get the perspective from montana i'm joined by jeff jeff milchan the co-founder of the american independent business alliance jeff welcome back thanks for having me tom let's get to how we got here in the first place what motivated the montana supreme court to reject the u.s. supreme court's citizens united decision. well first it's a little overstatement to say they rejected it outright i mean the they meet made some very clear distinctions between what was at stake in the montana supremes court case and what was decided in citizens united in a couple of the key distinctio

and many expect anthony kennedy to be the deciding vote. >>> more details on the appeals court ruling. the panel said judge vaughn walker did not have to recuse himself from the prop 8 trial because he was in a long-term relationship with a man. never before has the status of a jurist been sited as grounds for overturning a decision. >>> live from the castro this evening to show us how the ruling is being received there. >> reporter: the mood is up-beat, the celebrations have been small and low key, but heart felt. >> reporter: supporters of same-sex marriage gathered at the intersection of market and castro to cheer the court's ruling >> it's amazing. of it's powerful. and it gives me a lot of faith. >> reporter: a few blocks away at the lgbt center, the san francisco gay men's chorus sang. >> marriage matters! we will not settle for less. >> reporter: hundreds attended tonight's rally, including this family who travelled from antioch. >> please stop hating people. >> my ex-husband , he is able to move on, and he can choose to remarry if he wants, but i don't have that option afforde

and many expect anthony kennedy to be the deciding vote. >>> more details on the appeals court ruling. the panel said judge vaughn walker did not have to recuse himself from the prop 8 trial because he was in a long-term relationship with a man. never before has the status of a jurist been sited as grounds for overturning a decision. >>> live from the castro this evening to show us how the ruling is being received there. >> reporter: the mood is up-beat, the celebrations have been small and low key, but heart felt. >> reporter: supporters of same-sex marriage gathered at the intersection of market and castro to cheer the court's ruling >> it's amazing. of it's powerful. and it gives me a lot of faith. >> reporter: a few blocks away at the lgbt center, the san francisco gay men's chorus sang. >> marriage matters! we will not settle for less. >> reporter: hundreds attended tonight's rally, including this family who travelled from antioch. >> please stop hating people. >> my ex-husband , he is able to move on, and he can choose to remarry if he wants, but i don't have that option afforde

, but anthony kennedy although he's sometimes -- he sometimes is a little more on the fence about issues about race, has never in his career on the supreme court voted to uphold an affirmative action program. host: what about alaina kagan? guest: we don't know much about kagan. she's brand now the court but so far her votes have been reliable liberal. so you would think she would join the court's more liberal block -- host: but on this case she has decided to recuse herself? guest: you're quite right. it's early in the morning. on this case, she's recused it. she's not in the mix but in a way, it doesn't matter because the conservatives need five votes to get where they need go and whether that means it's a 5-4 or 5-3 decision, that's a practical matter. host: what will be the consequences of a decision that would overturn what they had ruled on back in 2003? guest: well, the practical consequences would be that you'd see a lot more white and asian students and a lot fewer blacks and hispanic students not only at public but private universities. it would take away a tool that admi

if it goes to the supreme court it looks like it's written directly to anthony kennedy to make him a swing justice. which choice do you think the losers today will make to appeal it, and do you think that's very important? >> it is important. i think that there's some reason to believe they're going to skip taking it to 11 judges in the en banc ninth circuit court and they want to get it to the united states supreme court. this case is in a little bit of a footrace with the defensive marriage cases coming up also being briefed in the federal appeals court. the other moving part is there's another vehicle for deciding some of these issues. some folks use it for a vehicle. it depends which team you're on and how you want to think about how these cases are framed. there is another case that could possibly be a better case to get in front of justice kennedy. so that's playing out here as well. the truth is there are so many moving parts, and don't forget the supreme court is looking at so many landmark blockbuster cases in the next two years that has to factor into this. whether the supr

the swing vote is justice anthony kennedy. who frequently breaks the ties between the liberals and conservatives. justice kennedy dissented in the university of michigan case in 2003. so, if he votes when they cast their vote, the same way he did a few years ago on facts remarkably similar to those which faced him a few years ago, it will be 5-4, 5, justice keggan may refuse herself -- to invalidate the ability of state-owned universities to take race into accounts in admitting standard. >> there was a huge cheer at a recent ron paul meeting over what? >> over what? >> don't be so adegrees -- -- joking that make you could be his vice-presidential running mate. >> i couldn't afford it. >> i thought you were going to give a sherman response. if elected i will not serve. >> he is the ante dote the republican party needs but the has a lot of hoops to jump through. >> what kind of answer is that? >> the answer you asked for. >> judge napolitano, always a lawyer at heart. >> i love ending my day with you. >> how about this. michigan

this is an invitation from just continue anthony kennedy, the swing voter on the court, who in 2006 in the gonzales case, the partial birth abortion case, moreorless announces to america in a 5-4 decision that women are going to have regrets about their abortions, that they don't really fully appreciate what they're doing and that more information is better, and that the government is entitled to do what it can to make them understand the consequences. and bracket how sexist it is, it opened the flood gates for any law including trap laws, that determined the size of a janitorial closet in an abortion clinic, but opens the door for any kind of legislation by any state that thinks they are helping women understand that which women are cognitively not able to understand. >> do you think that this ultrasound law in virginia, there is a number of ultrasound laws around the state, the virginia is notable for having language that would likely force it to be an internal ultrasound, invasive one, if you want to think about it in those terms. do you see that it would be challenged on specific l

of the 9 circuit, if it does go to the supreme court, it looks like it's written directly to anthony kennedy to swing him in terms of being a swing justice, which choice do you think the losers today are are going to make in terms of where they are going to appeal it and do you think that is important? >> it is important. i think this is some reason to believe they are going to skip taking it to 11 judges on the enbanc, the 9th circuit is perceived as too liberal. they want to get it to the united states supreme court. the other thing that is interesting, this case is in a little bit of a foot race with the defense of marriage cases coming up also being briefed in the federal appeals court. the other moving part here is there is another vehicle for deciding some of these issues, some folks say a better vehicle it really depends on which team you're on and how you want to think about how the cases get framed. but there is another case that could possibly be a bet are case to get in front of justice kennedy so that is playing out here as well. but truth is there are so many moving parts and do

the swing vote is now justice anthony kennedy.person would frequently breaks the tie between the four liberals and four conservatives. justice kennedy dissented in the university of michigan case back in 2003. so if he votes when they cast their vote the same way he did just a few years ago on facts remarkably similar to those which faced him a few years ago, it will be 5-4 or 5-3. >> justice kagan disqualified herself because of her work just a few years ago. the justices won't hear the affirmative action case until the fall. e fall. >>> a fire at a local wal-mart allegedly set on purpose as a diversion. we'll have details on that story coming up next. >>> plus, pump my ride with a sinister twist. a minivan converted to steal gas. details of this gas guzzler coming up next. we are checking your headlines after the break. break. >>> but first arc check of the markets now. the dow -- but first, a check of the markets now. the dow sits not far from 13,000. it briefly made it there yesterday. the nasdaq lost a few points. the asian m

if it goes though supreme court it looks like it is written directly to anthony kennedy to swing him in terms of being a swing justice. which choice do you think the losers today will make to appeal it, and do you think that's very important? >> it is important. i think that there's some reason to believe they're going to skip taking it to 11 judges in the en banc ninth circuit court and they want to get it to the united states supreme court. this case is in a little bit of a footrace with the defensive marriage cases coming up also being briefed in the federal appeals court. the other moving part is there's another vehicle for deciding some of these issues. some folks use it for a vehicle. it depends which team you're on and how you want to think about how these cases are framed. there is another case that could possibly be a better case to get in front of justice kennedy. so that's playing out here as well. the truth is there are so many moving parts, and don't forget the supreme court is looking at so many landmark blockbuster cases in the next two years that has to factor into th

so everybody is going to be making their arguments to justice anthony kennedy, the most powerful manontinues? >> yeah. justice kagan is reconfused herself. she worked for the obama administration which defended this in court. >> you're also involved in higher education. from that perspective, is there still a need for affirmative action at colleges and universities across this country? >> oh, absolutely, craig. i have friends who teach in california and michigan where, under state law, affirmative action is outlawed and they don't have african-americans and latinos in their classes. so i've had conversations with people who are teaching racial profiling, the law about that, brown versus board of education. no african-americans in the room. the court said in the old case, we are not doing this to be touchy-feely. we are doing this because it's good for education and employment context, it's good for business. the military context, it makes us a stronger military, so the business community was kind of united behind this. >> paul butler, paul, thank you for your time. folks, that wraps

the swing vote is justice anthony kennedy. he frequently breaks the tie.cented in the university of michigan case in 2003. if he votes when they cast their vote, the same way he did a few years ago on facts remarkably similar than those a few years ago, it will be 5-4 or 5-3. >> and while it's about access to education, the court's ruling could have effects on the job hiring and government contracts. >> now, the justices won't hear the case until the fall and the arguments could start near the presidential campaign. >>> time now is 7:22 on this wednesday morning. big banks take note. still ahead, what's being done to crack down on the overdraft fees. >>> and a move to expand gambling in maryland takes a step forward today.  man: we need a good night's sleep. woman: which means a little heat to keep us warm. and a good dose of support for my back. some over-the-top comfort couldn't hurt. and our perfect dream factory's been built. you're feeling sleepy already? nighty-night. [giggling] with the lysol no-touch hand soap system healthy hands can b

in my view the way the swing justice, justice anthony kennedy has viewed the commerce clause in the past he will not vote to extend it to authorize congress to force you to engage in interstate commerce, and he will be that fifth vote against it. i'm not always right on this. generathis. so don't take it to the bank. jenna: thank you so much. we will look at different parts of this law. thanks for kicking this off today. jon. jon: new info in the diplomatic push to stop sear gentleman's president's crackdown on his own people. the friends of syria group of which the u.s. is a member is sending a stern message, abide by this or face serious consequences. dominic is streaming live for us. >> reporter: we are hoping to hear about the strategy about isolating the regime of the syrian president. secretary khreupb khreup hill reclinton ihill louisiana reclinton is here. >> we look forward to progress on three points. increasing pressure on the regime and preparing for a democratic transition to. that end we hope to see new pledges of emergency assistance for syrians cats in assad's stranglehol

justice anthony kennedy, writing for the majority, said there was no evidence that these independentenditures not coordinated with candidates would have a corrupting influence on our elections. i think we've seen thus not the case. there is room for the supreme court to reconsider it. the montana supreme court recently issued a very lengthy opinion talking about how the influence of copper mine corporations had really corrupted the political system in montana. they said citizens united was flat wrong. the united states supreme court may have the opportunity to rule on that montana decision. they could fine-tune it. justice antonin scalia has said he feels strongly there should not be regulations on campaign finances. host: mike on twitter writes -- we've got about 10 minutes left with melanie sloan, executive director of citizens for responsibility and ethics in washington. we will go back to mickey on the line for democrats from connecticut. good morning. caller: good morning. thank you for taking my call. i have been a 40-year registered democrat. right now, i'm supporting republic

leader who does the same thing in the senate, the fifth person on the supreme court who usually is anthony kennedy who decides every single law that is approved or disapproved by the courts since most of the decisions are 5-4. the other eight people are actually meaningless, and any one of 1 # 00 senators -- 100 senators who is anonymously hold up a law or action in the senate and shut the whole senate down, and the last is the media who controls what the people out in the country here, doesn't matter what's going on, they drive what's going on. we could have catastrophes all over the world, and the media will spend three weeks on michael jackson's funeral, trial, and then we spend time on whitney houston. they drive the situation, refuse to cover ron paul, made a joke out of the only person in favor of a single payer insurance company. >> host: hey, mike? we got the point. that was six; right? >> caller: yes. >> guest: well, you did a pretty effective job of, you know, that's an efficient list, and kind of what you call the civic textbook list of people who are powerful, and that's all true. good

if it goes the way conservatives hope it will go, if anthony k kennedy sides with this liberal court,mpassioned base you have never known if they side with the president, the left will be energized. >> what if chief justice roberts goes with the majority and says it's constitutional. that is possible. people think that is possible. >> you have 70% job approval on inauguration day, the democrats base lost a huge amount of enthusiasm, it is 40% now. the massive the turnout in 2008 is not going to happen again. >> i'm the only one that can speak on this stage about turnout in a presidential race. let me tell you. >> i don't think so. >> we got more votes. >> it's called a trump college. >> please don't do that. >> electoral college. >> the supreme court decided that. please. >> martini and wine. >> you know -- i talked about newt gingrich trust problem. mitt romney has a trust problem with conservative voters. you need people like eric and eric forgive me for saying people like eric, i'm talking about, he needs campaign people enthusiastic, go door-to-door and not say vote against obama,

kennedy legacy on capitol hill? congressman frank will join me in three minutes. >>> and the world of journalism has lost a great voice, "new york times" foreign correspondent anthony shadid died while reporting from syria after suffering an asthma attack. shadid is a two-time pulitzer prize winner, survived a gun shot wound in the west bank in 2002, captured six days in libya last year, he will be sorely missed. he leaves behind a wife and children, anthony shadid was 43 years old. i want to fix up old houses. ♪ [ woman ] when i grow up, i want to take him on his first flight. i want to run a marathon. i'm going to own my own restaurant. when i grow up, i'm going to start a band. [ female announcer ] at aarp we believe you're never done growing. thanks, mom. i just want to get my car back. [ female announcer ] discover what's next in your life. get this free travel bag when you join at aarp.org/jointoday. crisp, clear, untouched. that's why there's brita, to make the water we drink, taste a little more, perfect. reduce lead and other impurities with the advanced filtration system of brita. reduce lead and other impurities what do you get when you combine the home