. >> yeah, and the big news was justice anthony kennedy. justice scalia was comically judicious, look how many times it says laughter in the transcript. and he's taking serious where the states are the plaintiffs in the case, both the argument that the individual mandate and that you have to buy insurance is unconstitutional, it exceeds congress's legitimate power and the argument that if the individual mandate falls the best remedy is to strike down the entire law. >> paul: let's here the first, on the individual mandate. hear from justice kennedy. >> saying that the federal government has a duty to tell the individual citizen that it must act and that is different from what we have in previous cases. >> well. >> it changes the relationship of the federal government to the individual, in a very fundamental way. >> and the core principle in anthony kennedy's jurisprudence is liberty. that is individual liberty. you've seen it in gay rights cases, but he talks about the separation of powers. if one part of government, the federal government,

. >> yeah, and the big news was justice anthony kennedy. justice scalia was comically judicious, look how many times it says laughter in the transcript. and he's taking serious where the states are the plaintiffs in the case, both the argument that the individual mandate and that you have to buy insurance is unconstitutional, it exceeds congress's legitimate power and the argument that if the individual mandate falls the best remedy is to strike down the entire law. >> paul: let's here the first, on the individual mandate. hear from justice kennedy. >> saying that the federal government has a duty to tell the individual citizen that it must act and that is different from what we have in previous cases. >> well. >> it changes the relationship of the federal government to the individual, in a very fundamental way. >> and the core principle in anthony kennedy's jurisprudence is liberty. that is individual liberty. you've seen it in gay rights cases, but he talks about the separation of powers. if one part of government, the federal government,

swing justice anthony kennedy asked must the state accept in the borders lil migrants? liberal just stis stephen breyer asked -- sonya the sotomayor warned him about the case. jan brewer left the hearing encouraged. >> arizona has the right, i as governor, i felt, was somewhat insured that i had a right to check the citizens of arizona. >> reporter: brewer charged president obama sued her state to get a boost with hispanic voters. i'm steve handelsman, nbc news, washington. >>> nbc news confirmed newt gingrich plans to suspend his campaign next tuesday. the former house speaker will make the announcement in washington. it is likely he will endorse mitt romney. >>> there was more dramatic testimony on day three of john edwards trial. the alleged plot to use campaign funds to hide his affair with a former staffer. jay gray has more. >> reporter: andrew young described a plan was implemented by john edwards to hide his mistress, rielle hunter, from his wife and public during his run for the white house. the defense got the first shot at the state's star witness in the high

justice anthony kennedy sided with the high courts conservatives in a 5-4 ruling against a new jersey man who was strip searched twice after being arrested for a fine he had already paid. critics call strip searching for offenses as minor as unpaid parking tickets or illegal u-turns, unacceptable violation of privacy. >>> president obama took a swing at the supreme court over its historic consideration of a nation's new health care law. the speaking yesterday, the president ramped up his rhetoric issuing a rare direct challenge to the high court to upheld what many consider to be the signature achievement of his administration, referring to a public perception of judicial activism or a lack of judicial restraint on the bench, the president expressed confidence the unelected group of nine would not overturn a, quote, constitutional law passed by a democratically elected congress. >>> seven people are dead after a former student with a handgun went on a shooting rampage yesterday at a small christian university in oakland, california, the 43-year-old suspect randomly opened fire on stud

just as anthony kennedy the key swing vote talked of a federal government without the money or resources to enforce our immigration laws and state struggling with social disruption and economic disruption from illegal immigrants. >>> he asked why couldn't those states enact laws to correct this problem? donald really representing the obama's administration says the states have no say. the constitution vests and exclusive authority over immigration with the national government. the administration sued arizona to block the law and is also targeting similar laws in alabama and georgia indiana south carolina and utah. did police arizona says that law doesn't conflict with a federal effort and today the justices appeared skeptical of the administration's broad attack. this seemed ready to uphold the laws most controversial provision that requires police to check the immigration status of people their arrest or stop for a violation. >>> critics say that could lead to racial profiling but just as sonya semi or pointed out to those inquiries aren't unusual in arrests. often there's an immigratio

. >> justice anthony kennedy, the key swing vote, talked of a federal government without the money or resources to enforce the immigration laws and states struggling with social disruption, and economic disruption from illegal immigrants. he asked why couldn't those states enact laws to correct a problem. the obama administration argued the states have no say. the administration sued arizona to block the law and is also targeting similar laws in alabama and georgia indiana and south carolina and utah. arizona says its law does not conflict with the federal effort and today the justices appeared skeptical. they seemed ready to uphold the laws most controversial provision that requires police to check the immigration status of people they arrest or stop for a violation. critics say that could lead to racial profiling but justice sonia sotomayor pointed out that those are not unusual in an arrest. often there is an immigration checks that mistakes do without the law. she interrupted, you can see it is not selling very well. what you try to come up with something else? the justices appear

. ♪ >>> anthony kennedy, ron paul, and chelsea handler, not a group of people you would see at the sameobably but they are three of the 100 most influential people in the world according to "time" magazine. for more on who did and didn't make the list, arana joins the panel. apparently we're going to ask you who didn't make the list. >> there was one person from msnbc on the list. >> and well deserved. we champion -- i expect i'll be a shoo-in next year. rana, talk about who made it. anthony kennedy, ted olsen describing him as perhaps the most influential person in american life today. >> you know, influence for starters let's talk about what influence is because it runs across a variety of fields. we have politicians, economists, people in the arts. it is a big party. and the key thing about influence no matter who it is, we try and look for people that are not ephemeral. in the age of social media, twitter, et cetera, influence is easier than ever to get but harder to keep. >> definition of ephemeral. >> to some of those of us who believe in linsanity and remain faithful that lin wil

. >> justice anthony kennedy said people picked up for the most minor offenses can turn out to be dangerousminals noting that oklahoma city bomber timothy mcveigh was originally arrested for driving without a license plate on his car. >> oh, right and because we didn't strip search him you never found the explosive-packed van he was hiding in his ass. (laughter) i guess the judicial principal is since anyone could be a criminal let's treat everyone like they're criminals. which at least takes us a step closer to health care reform. if we could train police to diagnose prostate tumors we're just one burrito away from a screening! (cheers and applause) >> jon: welcome back. my guest tonight, he teaches supreme court litigation at stanford and harvard law school-- safety schools-- and has argued 24 cases before the supreme court. he's the publisher of scotusblog. welcome to the program tom goldstein. (cheers and applause) >> jon: thank you for joining us. you have argued 24 cases in front of the supreme court. >> yes. >> jon: you have a blog dedicated-- scotusblog-- so you could tell us which

if he believes that anthony kennedy can be intimidated to affirm the law. as we puzzle over what he meant by this. one thank you can say for certain this was someone who looked at the oral arguments and decided his side had lost because it wasn't the sound of a winner we'll let the court do his work and we had a nice exposition of the views. but he seems not to though more than 200 years the supreme court has decided whether laws signed by the congress and the president is constitutional. he was a constitutional law professor. president of the harvard law review. >> let's listen to jay carney defend the stapled. >> the president was not clearly understood by some people. he is a law professor. he spoke in shorthand. the president believes that the supreme court has the final word on matters of judicial review on the constitutionality of legislation. he would having been a professor of law. >> paul: dorothy, were you persuaded? >> there is secondary form of demagoguery. first of all the president in his speech was not being understood, who fault is it? it's

the generally liberal court members versus the generally conservative ones, four on four with anthony kennedyprobably somewhere in the middle. and constructing this as a liberal versus conservative argument, maybe not so much a constitutional question. >> well, i think it-- that's the way it's now being seen is liberal versus conservative and everyone pitching to kennedy, who is soft on freedom, apparently. so, everybody's trying to couch the argument that way, but you know, i think this is an easier story for the print media to cover than television, it's really hard to compress a lot of these arguments into a minute and a half and abc chose not to do so, right, exactly. >> without the images and even with the audio, radio doesn't make great television. more news watch coming up, ahead, has george zimmerman already been tried in the media for the killing of trayvon martin? >> media interest in the trayvon martin killing heats up for a second week as details of the shooting and accusations of racism compete for coverage. has the press been pushed by a liberal agenda or have the national media

. >> only if he believes that justice anthony kennedy can be intimidated into joining a side to affirmhe law. as we kind of puzzle over what he may find. one thing you can say for certain is that this was someone who looked at the oral arguments and decided his side had lost, because, it was not the sound of a winner, saying, well, we'll let the court do its work and we had a nice exposition of the views, but this, this idea that h doesn't know or seems not to know that for more than 200 years, the supreme court has been able to decide whether laws passed by congress and signed by the president or constitution, it's kind of amazing, he was a congressional law professor at the university of chicago, president of the harvard law review. >> let's listen to him defending the president's statement. >> in speaking on monday, the president was not clearly understood by some people. he's a law professor and spoken shorthand and the president believes that the supreme court has the final word on matters of judicial review. and the constitutionality of legislation, and he would, having been a pr

. >> justice anthony kennedy said people picked up for the most minor offenses can turn out to be dangerousriminals noting that oklahoma city bomber timothy mcveigh was originally arrested for driving without a license plate on his car. >> oh, right and because we didn't strip search him you never found the explosive-packed van he was hiding in his ass. (laughter) i guess the judicial principal is since anyone could be a criminal let's treat everyone like they're criminals. which at least takes us a step closer to health care reform. if we could train police to diagnose prostate tumors we're just one burrito away from a screening! we'll ladies. wondering what men are always doing out in the shed? well... it's a guy thing. like dr pepper ten. with all 23 flavors of dr pepper... in just ten manly calories... it's what guys want. like explosions... or this. so keep the gardening and lady drinks. we're good. dr pepper ten. it's not for women. ve two products in front of you. we are going to start with product x. this is a very affordable product that will help save you a, lot of money. i like i

. >> justice anthony kennedy said people picked up for the most minor offenses can turn out to be dangerous criminals noting that oklahoma city bomber timothy mcveigh was originally arrested for driving without a license plate on his car. >> oh, right and because we didn't strip search him you never found the explosive-packed van he was hiding in his ass. (laughter) i guess the judicial principal is since anyone could be a criminal let's treat everyone like they're criminals. which at least takes us a step closer to health care reform. if we could train police to diagnose prostate tumors we're just one burrito away from a screening! ♪ ♪ and the flowers and the trees all laugh when you walk by ♪ ♪ and the neighbors' kids... what does being true to yourself have to do with being healthy? everything. ♪ but you're not ♪ you're the one ♪ one, one, one, one, one ♪ the one ♪ one, one, one, one, one ♪ the one ♪ one, one, one... [ male announcer ] aggressive styling. a more fuel-efficient turbocharged engine. and a completely redesigned interior. ♪ the 2012 c-class with over 2,000 refinements. it's

hidden weapons and drugs on all incoming prisoners even if they're held a short time, just as anthony kennedy wrote an opinion for a 5-4 court split along idealogical lines. he said local jails take in more than 13 million inmates a year, making it impossible to predict who might make trouble. kennedy said people picked up for the most minor offenses can turn out to be dangerous criminals, noting that oklahoma city bomber timothy mcveigh was originally arrested for driving without a license place on his car. but civil liberty groups say strip searching petty offenders who may spend only a few hours in jail is a serious invasion of privacy. >> i don't think that the average american would expect to be subjected to this type of search for committing such a minor crime as possibly not paying your parking tickets or not registering your dog properly. >> the courts said some jails take the trouble to set up separate cells for minor offenders. when that hanned, the court said, strip searching everyone might go too far. pete williams, nby news, at the supreme court. >>> we're following a still unfol

justice anthony kennedy summed it up. the state of arizona has a massive emergency with social disruption, economic disruption, residents leaving the state because of the flood of immigrants. but the obama administration's lawyer argued that the nation can have only one immigration code, not a patchwork across 50 states. but that argument didn't seem to convince even liberal justice sonia sotomayor, the nation's first hispanic on the court said, you can see it's not selling very well. why don't you try to come up with something else? arizona's jan brewer blasted the obama administration for trying to block her state's law. >> they are playing up to the latino community and trying to use that scare card, if you will, to generate a support for elections. >> reporter: five other states have passed laws like arizona. so this case can have a big impact. diane, what struck me the most was there was no discussion in the case of the danger of racial profiling and the real-world impact laws like this can have on the real lives of

justice anthony kennedy addressed the huge burden illegal immigration puts on the states. the state of arizona has a massive emergency, with social disrupti disruption, economic disruption. even liberal justice, sonia sotomayor, seemed that arizona exceeded its authority by enacting the law. you can see it's not selling very well. why don't you try to come up with something else? outside the court, and in cities across the country, protests by people who believe arizona's law encourages racial profiling and stereotyping. >> it was a sign whether the states have the right to promote racism, promote hatred and police harassment toward immigrants of all people's colors. >> i don't know how it comes out. there's going to be a whole lot of people that are angry. >> reporter: rob and tanya, the court's decision could have a big impact on the fall campaign. republicans' aggressive stand on illegal immigration, has alienated h alienated hispanic voters. >>> lawmakers demanded answers from the head of homeland security over that secret service prostitution scandal. janet napolitano

. >> reporter: justice anthony kennedy, the key swing vote, talked of a federal government without the money or resources to enforce our immigration laws and states struggling with social disruption, economic disruption from illegal immigrants. he asked, why couldn't those states enact laws to correct this problem? donald verrilli, representing the obama administration, argued the states have no stay. the constitution vest exclusive authority over immigration with the national government. the administration sued arizona to block the law and is also targeting similar laws in alabama, georgia, indiana, south carolina and utah. arizona said its law doesn't conflict with the federal effort. the justices appeared skeptical at the administration's broad attack. they seemed ready to uphold the law's most controversial provision that requires police to check the immigration status of people they arrest or stop for a violation. critics say that could lead to racial profiling, but justice sonia sotomayor pointed out those inquiries aren't unusual in arrests. often there's an immigration check th

. >>> justice anthony kennedy sided with the high court's conservatives in a 5-4 ruling against a new jersey man who was strip searched twice after being arrested for a fine he had already paid. critics call strip searching for offenses as minor as unpaid parking tickets or illegal u-turns an unacceptable violation of privacy. justice kennedy cited oklahoma city bomber timothy mcveigh, originally arrested for driving without a license plate. >>> elsewhere, president obama took a swing at the supreme court over its historic consideration of the new health care law. speaking yesterday, the president ramped up his rhetoric issuing a rare direct challenge to the high court to uphold what many consider to be his signature achievement of his administration. referring to a public perception of judicial activism or lack of judicial restraint on the bench, the president expressed confidence the unelected group of nine would not overturn a, quote, constitutional law passed by a democratically elected congress. >> seven people are dead after former student with a handgun went on a shooting rampa

was how aggressive the conservative justices would be in questioning this, specifically justice anthony kennedy, looked at as the swing vote here. many thought he would kind of going with the mandate. there's enough precedence out there to give you a legal footing for it, but, no. he really came on strong and suggested that he didn't like the cut of the mandate, constitutionally speaking, and then the next day, the conservative justices piled on once again and suggested that if the mandate falls, the entire reform bill or law falls with it. it was antonin scalia saying this mandate is the heart of law. you cut out the heart and this entire law dies. that's where the betting line is right now. >> david, carla marinucci, you know one of the mysteries maybe for those outside the legal community is that the stakes were so high politically on this for the obama administration, and yet the performance of the solicitor general making the case was just panned. how did that happen? how did he do so poorly? was he not prepared? i even heard from conspiracy theories suggesting this is how the obama admini

swing justice anthony kennedy asked, must the state accept in its borders illegal migrants? liberal justice stephen breyer asked if they, arizona, just called the feds, what's the conflict? liberal justice sonia sotomayor, a latino, warned the obama lawyer about his case. "you can see it's not selling very well." arizona governor jan brewer left the hearing encouraged. >> arizona has a right. and i as governor, i felt, was somewhat assured that i had a right to protect the citizens of arizona. >> reporter: brewer charged president obama sued her state to get a boost with hispanic voters. i'm steve handelsman, nbc news, washington. >>> nbc news has confirmed republican presidential candidate newt gingrich plans to suspend his campaign next tuesday. the former house speaker will make the announcement on may 1st in washington. a senior campaign source says there is a high likelihood gingrich will also endorse the presumed gop nominee, mitt romney. >>> there was more dramatic testimony on day three of the john edwards trial. the prosecution's star witness was once again on the s

narrowly on a couple of supreme court opinion, happened to have been written by judge justice anthony kennedy, that in no way, we believe, undermined the extensive factual and legal record that was compiled in the district court and formed the basis for the district court's 134-page opinions. but what will happen from the ninth circuit we don't know. right now there's a petition for rehearing pending, setting there for about six weeks. it will take 13 out of the 25 active judges in the ninth circuit to grant rehearing on this. some think it's going to happen. some people think it's not going to happen. in either event, i suspect it will go to the supreme court. and if i haven't answered that, i wanted to do it sensitive to the time constraints. >> anybody else want to weigh in on that? all right. >> well, so -- >> i have a ton of questions on this, but not right now. >> all right. agatha cole? >> thank you. my question is about internal polarization as well, and etiology, aclu initiatives promoting digital rights and due process. is there a contradiction in values between your first amendment

justice anthony kennedy, the key swing vote, talked of a federal government without the money or resources to enforce our immigration laws and states struggling with social disruption, economic disruption from illegal immigrants. he asked why couldn't those states enact laws to correct this problem? donald verrilli, representing the obama administration, argued the states have no say. the constitution vests exclusive authority over immigration with the national government. the administration sued arizona to block the law and is also targeting similar laws in alabama, georgia, indiana, south carolina, and utah. arizona says its law doesn't conflict with the federal effort, and today the justices appeared skeptical of the administration's broad attack. they seemed ready to uphold the law's most controversial provision that requires police to check the immigration status of people they arrest or stop for a violation. critics say that could lead to racial profiling. but justice sonia sotomayor pointed out that those inquiries aren't unusual in arrests. often there's an immigration check that m

because they wrote the decision based on what anthony kennedy already said. ses has talked about equality for gay and lesbian americans. so i think that is one case where the supreme court could issue a more progressive decision, but i think if you looked a at whole host of issues it's do not a progressive court when it comes to issues. other than prop 8 the outcome doesn't look very good right now. >> i think the way you put it in historical perspective is so important. i have talked about this ari, because my dad ran with goldwater. and he was chairman of the rnc at the time, and he to sort of -- all of the forces like rockefeller was the moderate -- look at today, goldwater would be way too liberal. >> by the end of his life goldwater was too liberal for the republican party. >> he spoke out for pro gay rights in the '80s on the senate floor. so i think it is historically provable how far to the right the republican party and the court has gone. >> there is also the larger point where there is progressive discontent for obama. and i hear a lot of people say

they could be joined in the decision by anthony kennedy. he sounded concern. >> this is a case -- this is a step be out -- beyond. >> this is a duly constituted and pass laws. >> the president calderon says he hopes the u.s. will achieve universal coverage. president obama weighed in knowing his images and record and re-election could depend on the supreme court ruling. >> could routine mammograms be causing an over diagnosis of breast cancer? researchers from the harvard school of public health studied 7000 women with invasive breast cancer and rolled in a screening program. they thought the rate of disease would go down as more women had mammograms. rates did not change. 15 to 20 prior -- 20% of the women were over diagnosed, they were treated for disease the researchers say would have been harmless. cataracts surgery is so common these days but sometimes patients put it off too long, probably out of fear. why is not a good idea to procrastinate. >> colors have been so different and outstanding. >> jean recently had cataract surgery on he

the first thing i would do is a general retirement fund for justice anthony kennedy. >> wait a second that you have to make sure you get someone in the white house who could appoint someone -- >> i would like to see the fella in there change the commission. and inside congress we got to deal with the filibuster. >> that should be able to be done too. >> yeah there are ways of turning the corner on that. there is no panacea here. some of it has to aim at the press corps. >> let me ask you about the press corps, because i think it has been comply sent in this false live lindsey. when as you suggest there is one more rigid side than the other. you are a non-partisan group, i hope you are a progressive -- but nonetheless you are looking at this from a rational point of view. you are not affiliated. >> no i'm not, and when i look at reporters, there is this flexible notion that you report both sides of the story. so i say if there is a hit and run accident do you treat the victim and the driver the same? no, you don't. >> exactly. >> so we're seeing this with press reporting, they all do i