why does this fall to anthony kennedy again? he gets to make every decision. these days like if you go to a grocery store and they say paper or plastic, you have to ask anthony kennedy. >> he is an incredibly powerful man. the supreme court reflects the different presidents who appoint the justices. we're a divided country. the court is divided and kennedy is the focal point right now. >> stephen: who had the stronger argument there? >> i was amazed at how weak the arguments against gay marriage were. >> stephen: no, they are incredibly strong. you have to make babies. >> the problem with that argument. >> stephen: you know how babies are made, right? >> i know how they are made but we have never said procreation is the fundamental purpose of marriage. >> stephen: we have. i don't know about we. >> think of all the people that leaves out. >> stephen: they didn't have to before. >> that's why bringing it up now is suspect. because they are bringing up now to keep out a particular group of people. >> stephen: uh-huh. >> that's a form of discrimination and the go

supreme court again all eyes were on potential swing judge anthony kennedy and on a feisty senior citizen who lost her spouse and today had her biggest day in court. the second gay marriage argument at the high court was still a hot ticket. today's case was 8 #-year-old new yorker edie. when he partner of 44 years who she married in canada died, edie had to pay $363,000 in federal inheritance taxes, instead of zero because the u.s. defense i marriage act, doma, passed in 1996, denies federal marriage benefits like tax breaks to same-sex couples. liberal justice ruth bader ginsburg complained doma created two marriages. the full marriage and then the skim milk marriage. >> swing justice anthony kennedy said doma intrudes on states who choose to recognize gay marriage. the defensing lawyer argued it helps the u.s. military keep couples from refusing transfers that allow gay marriage. attorney general eric holder enforced drk oma. he sent no lawyer to defend it today. >> i'm wondering if we're living in this new world where the attorney general can simply decide it's unconstitutional. >> aft

it was justice anthony kennedy who is the main swing justice.he is conservative but often votes with the liberals on the court. he asked certain questions that lead watchers to believe there is a mood among the nine to verturn the law. the case was brought by an 83-year-old woman. >> i just sued the united states of america. >> plenty of young people oppose it too. >> i think it would be a mistake to think this is entirely a generational conflict. there are many, many young people who still stand for the timeless configuration of marriage between a man and a woman. >> so ends two days of oral arguments. inside, decorum, deliberation, outside, raw emotion among people who waited decades for this issue to come to this building and never thought it would. now they must wait a couple more months for this decision to come down. >> the chinese navy fleet has reached the southernmost part of the sea. the ships came within 80 kilometers of malaysia's coast. oil and gas are thought to lie beneath the sea. china's president continues his first major overs

this is a piece of sound from justice anthony kennedy inside of the court today.en. >> substantial -- there's substance to the point that sociological information is new. we have five years of information to weigh against 2000 years of history or more. on the other hand, there is an immediate legal injury or legal -- what could be a legal injury and that's the voice of the children. some 40,000 children in california, according to the brief, that live with same-sex parents. and they want their parents to have full recognition and full status. the voice of those children is important in this case, don't you think? >> anthony kennedy, of course, he is talking about the role of children involved in same-sex marriage couples as well. we'll talk more about that as well as the debate over same-sex marriage. we bring in joe johns and legal analysts to talk about what we've heard inside the court and which way the supreme court might go after the break. se i'm a hospice nurse. britta olsen is my patient. i spend long hours with her checking her heart rate, administering h

>> that was justice anthony kennedy who spoke at yesterday's prop eight hearings.re listening at what was discussed yesterday. we'll listen to the "audio tapes" in full, when the kron four morning news continues. coming up on the kron four morning news. ♪ ♪ i -- i got it, i got it made ♪ i got it made, i got it made ♪ i got it made ♪ fresh at subway ♪ breakfast made the way i say [ male announcer ] at subway, you got breakfast made. like an under 200 calorie steak egg white & cheese. subway. eat fresh. and here's a live look outside. as you can imagine. it was a very tough day for some of the bridge toll workers. some had started at the district more than twenty years ago. so saying good bye was difficult. there were a lot of hugs and a lot of tears shed as the workers wrapped up their shifts for the last time. we already heard from the last toll taker. but a few others reflected on their jobs and how workers were like a family. >> reporter: is this a difficult day? >> it is for all of us. i grew up here. and i've got a through the worst times in my life and they h

i think the vote from anthony kennedy, you heard from him there, he seems to be more worried about a different question. you will hear about the federalism question. does congress have the power to say what marriage is when throughout history of the country, congress has always deferred to what the states say marriage is. so that is, i think, for him the big reason, and that's why i say, i think he is not -- he didn't seem like he was prepared to give some sort of full-throated opinion here about gay rights. more narrowly confineed. but a victory, nonetheless, for advocates of gay rights, striking down doma, which would be a good deal. >> i also want to pick up on potential sixth vote. take a listen to what justice ilito asked today. >> suppose we look just at the estate tax provision that is at issue in this case. what was the purpose of that? was the purpose of that really to foster traditional marriage or is congress just looking for a convenient category to capture households that function as a unified economic unit? >> pete, do you think that justice alito's focus on o purpose a

what you're going to see a lot of focus on two justices, anthony kennedy and chief justice john roberts, they see the wave developing in support of gay marriage. we have seen that developing. it's moving quickly. what they're likely to do is create the space for states to make their own decisions. look at this clue from anthony kennedy from a speech this week, a democracy should not be dependent for its decisions on a nine from a legal background have to say. >> turning to another controversial issue and that's gun control, overnight, mayor bloomberg is going to be spending $12 million in new tv ads for tougher gun law and he'll target both democrats and republicans. the assault weapons ban that president obama had pushed all but dead in the senate, even though the president is going to push for a vote. this will come to the floor of the senate when they return from their two-week easter break in early april. the president will continue to push. but the real issue now, is whether or not, the senate will expand background checks for all purchases. those in gun shows and those from stores

but justice anthony kennedy asked about the children of same-sex couples. here's a built of what he had to say. >> is an immediate legal injury or legal -- could be a legal injury, and that's the voice of these children. there's some 40,000 children in california, according to the brief, that live with same-sex parents. and they want their parents to have full recognition and full status. the voice of those children is important in this case, don't you think? >> of course because he is potentially the swing vote, we're parsing everything that justice kennedy had to say today, but important to note he also said he is not sure this case is ready for a decision or properly before the court. >> shepard: what about the two lawyers arguing. this is just unconstitutional. >> they said what happened with prop 8, it's discrimination and in fact against a specific class, against same-sex couples who want the same rights to mary as heterosexual couples. they said basically it's unconstitutional and doesn't mean equal protection clause. they want the court to move ahea

as for justice anthony kennedy. his comments appeared to stradle both sides of the aisle. on the one hand voicing his opposition for allowing same sex marriage nationwide. and yet at the same time indicating banning same sex marriage hurts the more than 40-thousand children being raised by same sex couples in california. we'll hear his exact words on that topic coming up tonight at 6. a decsion from the court is expected in june. pam >> pam: joining us now legal analyst - attorney jim hammer. it seemed like there were all over the map what is your impression? >> i think that what is most surprising is that this was going to be a broad sweeping decision. in history or was it going to be a narrow decision only impacting california. the big surprise today was a mix of left and right justices. about weather or not this should even be there. there was somebody from kennedy perhaps the swing vote. and at the end of the day.. >> pam: thanks jim -- you will be back at 5-30. we'll get more of your reaction to todays proposition eight supreme court hearing. >> catherine: outside the

pero el magistrado anthony kennedy replicÓ.derechos y sus voces son importantes. maÑana habrÁ una segunda audiencia y la corte escucharÁ argentino menta argumentos en torno al documento de el matrimonio. y debido que el tema despierta tanta ciÓn pasiones tantas pasiones es posible que esperen hasta junio, en la corte suprema lori montenegro telemundo. >>> un nuevo informe indica que las redadas antinarcÓticos hechas por la patrulla fronteri fronteriza involucran a ciudadanos estadounidenses no solamente a los latinos. rubÉn pereira nos amplia. >>> ya sea por el desierto o a travÉs de los puertos fronterizos los carteles mexicanos son quienes controlan el trÁfico de drogas hacÍa los estados unidos. >>> pero a pesar que el trÁfico de drogas en la frontera es controlado por organizaciones mexicanas, 3 de cada 4 contrabandistas a nivel nacional se trata de ciudadanos estadounidenses, segÚn un estudio del centro de reportes investigativo algo que tomÓ por sorpresa al ex generador alfredo gutiÉrrez >>> la imagen que nos da la goberna

justice anthony kennedy questioned whether the court should have taken up the case at all. but he also seemed worried about almost 40,000 children of same-sex marriages, already in california. >> they want their parents to have full recognition and full status. the voice of those children is important in this case. >> reporter: justice kennedy is seen as the swing vote by many in the event proposition 8 is a close case. neither of these cases is likely to be decided until june. soledad? >> joe johns for us this morning. thanks, joe. >>> in a few minutes we're going to talk to cnn's senior legal analyst jeff toobin. he'll weigh in on this for us. and later we'll talk to florida governor rick scott, get his take as well. he has been against gay marriage. we're also following a developing story out of north korea this morning. christine has that and some of the other stories making news. >> good morning. new this morning, more rising tension on the korean peninsula. north korea now claiming it has cut off an important hotline to the south. this hotline is key because it allows

the liberal wing of the court along with justice anthony kennedy took issue with that because it's the state that's supposed to have the power to say who is married. not the federal government. >> when it has 1100 votes, and in our society it means that the federal government is intertwined with the citizens daily life you are at real risk of running and conflict what is always thought to be the essence of the state power is to regulate marriage and divorce. >> as a justice kennedy said the 1100 impacts every area of life. you really diminish what the state has said his marriage. the state has had two types of marriage to a full marriage and the scam milk marriage. --skim m ik .. rich. >> lawyers opposing doma also argued that claims the law was enacted for the purpose of uniformity or caution are simply not true >> it was and acted based on the conclusion that was driven by moral code. black and white, pages of this house report weaken the site pages 38. >> the senators >> whatever the explanation weather it is unanimous were subtle work on thinking or reflective. discrimination secti

paul clementyab respond to supreme court justice anthony kennedy. marc solomon? i think justice kennedy's position is marriage has always been in the province of the states, the states determine what eight marriages and what it is a and the federal government simply recognizes for the purpose of federal treatments and respect, recognizes marriage performed the state with the exception of marriages of gay couples. and they were talking about how important all of these different protections, federal protections are from edie windsor having to pay $363,000 in estate taxes when her wife died, if her partners and had been theo instead of thea, she would not have had to pay any taxes. it goes on and on. there are these typical stories of married couples, married in their state of new york or iowa or washington and on and on or just treated as a legal strangers by the federal government. >> i want to play another excerpt of the supreme court's oral arguments wednesday when justice elena kagan focused on the underlying motives of congress in passing the defense of marria

>> everything justice anthony kennedy says in most cases, but also in a case like this, is watched very, very closely, because justice kennedy is often seen as the pivot point, the swing justice between the court's conservatives and court's liberals. we have some experts on deck tonight to help us out with what all of this means. but before we get to them, because of the importance of justice kennedy, i want to play one more moment of the case today. a moment where justice kennedy, again, jumps in and a time when it seemed like he didn't have to but jumped into the middle of a point in progress between the more progressive justice, elena kagan, obama nominee, between elena kagan and the lawyer for the anti gay rights side. they are having a tet-e-tet. >> what harm do you see happening and and what harm to the institution of marriage or to opposite-sex couples, how does this cause and effect work? >> once again, i would -- i would reiterate that we don't believe that's the correct legal question before the court, and that the correct question is whether or not redefining marriage to incl

. >> the supreme court's potential swing vote, justice anthony kennedy, warned same-sex marriage case was bringing the court into "and chartered waters." he questioned whether the court should have even taken the case. >> my problem with the case is you are really asking, particularly because of the sociological evidence you cite, for us to go into uncharted waters. you can play with that metaphor. so in a caseing where the opinion is very narrow, basically, once the state goes halfway it has to go all the way or 70% of the way. you are doing so in a case where there is substantial question on standing. i just wonder if the case was properly granted geico justice samuel alito also expressed reservations about overturning proposition 8. >> traditional marriage has been around for thousands of years. same-sex marriage is new. i think was first adopted in the netherlands in 2000 rid so there is not a lot of data about its effect. it may turn out to be a good thing. it may turn out to not be a good thing as the supporters of proposition 8 apparently believe. >> justice sonia sotomayor que

look at this clue from anthony kennedy from a speech this month. "a democracy should not be dependent for its major decisions from nine unelected people from a narrow legal background have to say." try to create the space for citizens to make these decisions. >> turning to another controversial issue and that's gun control, overnight, mayor bloomberg is going to be spending $12 million in new tv ads to convince senators for tougher gun law. will that work? >> we'll see. this week we learned that that the assault weapons ban that president obama pushed, all but dead in the senate. even though the president is going to continue to push for a vote. this will come to the floor of the senate when they return from their two-week easter break in early april. the president will continue to push. but the real issue now, is whether or not, the senate will expand background checks for all purchases. those in gun shows and those from stores that sell guns. right now, it only applies to those that are sold in stores. big fight over this right now, the nra is no

justice anthony kennedy, the likely swing vote, said the court was heading into "uncharted waters," and justice samuel alito echoed him, noting that gay marriage in america is less than ten years old. >> you want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cell phones or the internet? >> reporter: and justice antonin scalia was sharply skeptical that the court could create a constitutional right to gay marriage, after 200 years of laws banning it.

favor de 40% de los opuestos a esto, muchos analistas dicen que la decisiÓn podrÍa ser definida p anthony kennedys, porque las decisiones que podrÍan impactar a millones de parejas del mismo sexo, en todo el paÍs, no se espera hasta el verano en san francisco cristina londoÑo telemundo. >>> cuando regresemos, le diremos quÉ apuesto a cientos de padres y maestros plantel para ahorrar en el sistema educativo pÚblo pero la idea no ha sido bien recibida. yanett. >>> gracias josÉ hoy mis se lanzaron a las calles como ven mÍa mis espaldas un grupo de estudiantes latinos, fueron mÁs de mil los que vinieron hasta el centro de chicago, paralizaron las calles, unos 2 o 0 fueron arrestados porque estÁ medida fue ra sishltscista y a efectfÁ ciudad de chicago. en un Último intento por pre fr el cierre de las escuelas de chicago, maestros, padre y estudiantes marcharon en contra de una medida racista. >>> es triste, no estÁn endo a los niÑos como un ser humano si no como un negocio >>> deberÍan tomar otras opciones porque queremos recibir una educaciÓn como mejor. >>> hace una semana el distrito escolar de chi

earlier by this court to be unconstitutional since to the landmark case in texas in which justice anthony kennedy wrote for the majority that quote we as the nation cannot abide the banning of butt sex purely on the basis of its punitive yucky factor. [ laughter ] and i can assure you that i'm not paraphasing this judicial opinion. that is what he wrote. google butt sex supreme and i think you will find out -- [laughter] anyway, the point is this: [laughter] kennedy's point was that moral disapproval in the absence of other harm could not be the sole basis for prohibition go. to litigator mr. paul clement argued that the defense of marriage act was not morality based when it was signed in 1996 but until fact merely an effort to unify federal standards to recognizing marriage licenses. just trying to avoid confusion, you know, in the same way that we don't have any way have interstate driving and hunting lie soarnses lawyers lie soarnses heterosexual marriage licenses which different states have different laws form of i'll just let justice elena kagan -- i'll let her handle it. >> do we really thi

let's hear a little bit of audio that the court has released of justice anthony kennedy, who was perhaps the swing vote here with his skepticism on what the two couples were asking for. >> the problem with the case is that you're really asking particularly because of the sociological evidence you cite for us to go into uncharted waters and you can play that with metaphor, there's a wonderful destination or a cliff. but you're doing so in a case where the opinion is very narrow. basically that once the state goes halfway, it has to go all the way or 70% of the way. and you're doing so in a case where there's, a substantial question on, on standing. i just wonder if the case was properly granted. >> now, standing means the question, the legal question of whether the proponents of prop 8 have the right to be here. to represent the state of california. that's a whole separate question. but it does seem likely that the supreme court will either say, you know what, we never should have taken this case in the first place. let's erase the appeals court ruling. we'll let the district court ruling

anthony kennedy is the only likely possibility. but repeatedly today he expressed what appeared to be his view that the defense of marriage act violated states rights. he did not talk about, that it violated the rights of gay people. he said that it violates the states ability to regulate and create the laws of marriage. and he said it over and over again. and that is a winning argument for the defense of marriage act critics of edith windsor and company. >> john roberts was critical of how president obama is handling dome ma. they're not defending the law in court, it's still enforcing it. here's what the chief justice said, i want to play that. >> ien do the see why he doesn't have the courage of his convictions and execute not only the statute, but do it consistent with his view of the constitution rather than saying, we'll wait until the supreme court tells us we have no choice. >> some tough words there. does the chief justice have a point. is the white house trying to have it both ways? >> the white house has approa approache

. >> but potential swing vote, anthony kennedy, said the almost 40,000 children of same- sex parents in california had their voices heard. danielle nottingham, cbs news, the supreme court. >> california's roller coaster league battle over same-sex marriage began nine years ago. valentine's weekend, 2004. that's when then, san francisco mayor, gavin newsome announced that city hall was open for couples to marry. >> loving people that care about their spouses as you and i care about ours. they care about entering an institution of faith, love, and constitution. they believe they have the rights under the constitution, due process, equal protection to enter into this institution. >> and dozens of supporters of marriage equality turned out today. san francisco's civic center plaza. those who showed up are asked to wear red. >>> san jose police have released a sketch of the driver who triggered yesterday's amber alert. the woman is 38 to 45 years old, 5'5", 160-pounds with a dark complexion and dark hair. police say she stole a jeep with this 11 month old girl inside. her mom left the eng

anthony kennedy as we all know the swing vote on this court is someone who is concerned about gay rightsugh he said very little, i think nothing about the issue of whether the defense of marriage act violated gay people's constitutional rights. he was clearly very concerned that the defense of marriage act was invading the province of the state to define marriage. that's a state function, usually. and that would certainly be suggesting that he was going to strike down the law. and certainly the other liberals, the four democratic appointees looked like they were going to vote to strike it down. >> one other thing i wanted to throw in and i like your opinion too, justices scalia, ali do as well as chief justice robert all asked a lot of questions about whether if the reverse were in effect -- in other words, if the congress passed a law that said same sex marriage was okay for all the states, would there still be a constitutional problem? >> right. >> and the attorneys wouldn't bite. it appeared to me they didn't want to go there perhaps because there are 41 states that ban same sex marri

here's justice anthony kennedy considered the swing vote on this court. >> federal government is intertwined with the citizens day-to-day life, you are at real risk of running in conflict with what is always been thought to be the essence of the state police power which is to regulate marriage, divorce, custody. >> chief justice john roberts was also skeptical about the motivation behind the 1996 law. >> it was enacted to exclude same sex married, lawfully married couples from federal benefit regimes based on the conclusion that was driven by moral disapproval. it is quite clear in black and white and pages of the house report which we cite on page 38. >> so that was the view of the 84 senators who voted in favor of it, and the president who signed it? they were motivated by animous? >> it may well have been what gar it described as the simple want of careful reflection or instinctive response to a class of people, a group of people who we perceive as alien or other. >> alien or other. the case against the defense of marriage act was brought by an elderly new york woman. she was hit about w.

>> reporter: because of what anthony kennedy said. that's really what it comes down to. because the four democratic members of the democratic nominees to the supreme court were all very clearly hostile to the defense of marriage act. and so where were they going to get the fifth vote? anthony kennedy is the only really likely possibility, but repeatedly during the oral argument today, he expressed what appeared to be his view that the defense of marriage act violated states rights. he did not talk about that it righted the rights of gay people. he said that it violates the state's ability to regulate and create the laws of marriage. and he said it over and over again. and that is a winning argument for the defense of marriage act. critics of edith windsor and company. >> chief justice john roberts was critical of how president obama is handling doma. they're not defending the law in court, but it's still enforcing it here. here's the part where the chief justice said. i want to play that. >> i don't see why he doesn't have the courage of his convictions and execute not o

anthony kennedy wrote the opinion for both. he know where history is going and that he faces the choice between writing the next plessy versus ferguson and the next brown versus board of education. he wants to be on the right side of history. what's your response to that in. >> all of that is quite accurate except maybe where they're guessing about kennedy's mind and the right side of history. but that also sounds right to me. he did rule, he is going to be probably the deciding vote with the other justices evenly split. so which way he throws his weight will be determinative. he did decide in favor of gay rights in two previous cases. somewhat different but also somewhat the same as this. so we'll just have to wait and see about that. >> liz, i want your reaction to the fact that justice roberts' cousin who is gay jean podrasky will be in the audience. she believes that he sees the tide and that she trusts his judgment absolutely. that he will go, in the quote, good direction. that's an incredible development to have his relat

. >> anthony kennedy is moderate that a lot of people watching saying it could turn on them. he seemed to suggest whether this should be in front of the court at this time and it sounded like he was not the only one do ask that. >> if you will, the court has one technical way out of deciding the big questions. that is the question of focusing on the question of whether or not those who oppose same-sex marriage who proposed the prop 8 initiative had "standing" testify were appeal the decision. in order to have standing you have to have distinct offer special injury that is unique to you. it cannot just be like any other voter with a law that applies to everyone in the state. the justices were concerned whether they even have proper jurisdiction to hear this case on appeal. if not, it would most likely be returned to the district court ruling which would mean prop 8 is invalid. >> a ruling from the court, if they do issue a ruling, would that affect just california or other states that have same-sex marriage laws? >> both sides hoped for a nation-wide ruling but that will not h

i think you're going to see them going -- chris: anthony kennedy is the tiebreaker on this. >> he is. cases involving gay rights in the past, he has been on the left side, he has taken more liberal position. gay right activists are hopeful he will blaze the trail and he can write the opinion and you can get justice roberts to join in. roberts is a pretty young guy for a supreme court justice. he is in the mid 50's. you see where this is heading in the polls under 30. what the gay rights activists are often saying is, this will come back to you justice roberts. you may find yourself reversing yourself if you don't take the liberal position right now. chris: that's what i like about this show. he has to make a long-term decision. he can't make one for this week. thanks for a great roundtable, david ignatius, kathleen parker, helene cooper, and michael crowley. i love that name. that's the show. thanks for watching. we'll see you back here next week. >>> hi, everybody, welcome to "on the money." i'm maria bartiromo. easy money. what a fed decision will mean to your wallet. whether you sh

. >>> now all eyes are fixed on the potential swing justice, anthony kennedy.evious decisions has shown a fondness for advancing gay rights and state's rights. this morning, kennedy's questions provided some solace to both sides. he addressed concerns that prop 8 harms the rights of the children of gay couples, but suggested it was too soon to rule unequivocally on same-sex marriage. >>> at the conclusion of oral arguments,al gore's year 2000 lawyer, david boyce, addressed the media. >> it's a remarkable thing that happened in there was that there was no attempt to defend the ban on gay and less leeian marriage. now when we are down simply to the question of how do you establish marriage equality. i think you can see how far we've con. >> joining us from the supreme court is cnbc's john harwood. and joining me now from los angeles, is the chairman of a log cabin republicans of california, charles moran. good morning to both of you. >> good morning. >> hi, joy. >> i want to start by asking john harwood, give us a little bit of a read on the two justices, i think

. >> anthony kennedy is moderate that a lot of people watching saying it could turn on them.e seemed to suggest whether this should be in front of the court at this time and it sounded like he was not the only one do ask that. >> if you will, the court has one technical way out of deciding the big questions. that is the question of focusing on the question of whether or not those who oppose same-sex marriage who proposed the prop 8 initiative had "standing" testify were appeal the decision. in order to have standing you have to have distinct offer special injury that is unique to you. it cannot just be like any other voter with a law that applies to everyone in the state. the justices were concerned whether they even have proper jurisdiction to hear this case on appeal. if not, it would most likely be returned to the district court ruling which would mean prop 8 is invalid. >> a ruling from the court, if they do issue a ruling, would that affect just california or other states that have same-sex marriage laws? >> both sides hoped for a nation-wide ruling but that will not hap

>> most likely to be anthony kennedy since he has been a supporter of gay rights in previous cases. >ut obamacare, too. >> and i was wrong. >> i wasn't going to bring that up. >> i was so wrong. >> jeffrey toobin, you are so right so often. thank you. and evan wilson, nice to see you again. >> good to be with you. >>> i have some breaking news that i want to jump away to and that is secretary of defense, he's brand new, chuck hagel, and he got busy fast. this is will him in afghanistan already. this is his first visit obviously as secretary of defense and he firmly stated this, we're still at war in afghanistan, but that it was never the intention of the united states to stay indefinitely and there comes a time for transition. so there you go, breaking news. they keep it very secret when a top level american administration leader makes a trip to a war zone and that's why we didn't know at least publicly until right now that he's there. it's fish he's there. >>> so a show of love for their leader has north korea president launching his brand new you goly threats at the united states. a

. >> justice anthony kennedy is considered a swing vote.e expressed concern that the law stips on the state's rights to authorize marriages 83-year-old windsor is the plaintiff. she paid $363,000 in estate taxes when her spouse after their canadian wedding died. >> say his name had been theo, i would have paid no tax. >> after court some opponents to same-sex marriage were pessimistic. >> i think being a realist here we're going to see the defensive marriage act go down. >> that decision is expected in late june. now, the supreme court dawnielle notingham kpix 5. >> wind sor won her case in lower courts and would likely still get her refund if the supreme court dismisses the case. >>> we're getting a clear picture of just how those broken bolts on the new bay bridge work and why replacing them might be a lot harder than it sounds. those bolts range in size from 9 to 17 feet long. now, they secure the roadway to the support pillars underneath. the problem has a lot of people upset. kpix 5 on the lack of answers. >> uong we got a whole lot of

el magistrado anthony kennedy, visto como el voto decisivo en caso de empate entre jueces liberales y el presidente de ee.uu. no cree que una ley sea constitucional no debe firmarla, y sugirió que el mismo principio puede trasladarse a su aplicación: si no la respalda, no debería hacerla cumplir. cesar ---continua la busqueda del responsable de haberle disparado una flecha take vo ---ayer por la maÑana a una niÑa de ocho aÑos mientras la menor realizaba una excursion escolar en el centro de ciencias "lawrence hall" de berkeley... ---segun la policia, la flecha que impacto a la niÑa mide unas 28 pulgadas de longitud y es muy probable que fue disparada por un adulto... ---algunos vecinos de la zona, han reportado haber visto venados que tambien han sido flechados... stop open blanca ---ya fue detenido el hombre que el pasado mes de febrero... take vo ...estaf a una familia de hayward haciendoles creer que les vendia boletos de entrada para la final de futbol americano. ---rober pham, de 37 aÑos de edad, fue detenido en la florida luego de que las autoridades lograran vincularlo al caso.

. >> justice anthony kennedy questioned whether anyone would be harmed by allowing same-sex couples to marry. >> are you conceding the point that there is no harm on denigration to traditional opposite-sex marriage couples? >> reporter: supporters of the ban argue that it protects the traditional marriage and its intent of having kids. >> and it will refocus, refocus the purpose of marriage and the definition of marriage away from the raising of children. >> reporter: justice alana kagan pointed out california doesn't ban older people getting married. >> if both the woman and the man are over the age of 55, there are not a lot of women coming out of that marriage. >> reporter: justice scalia had questions about the children of gay couples. >> whether that is

the case should even be before them and justice anthony kennedy suggested the court dismiss it with no ruling at all which could allow gail marriages to -- gay marriages to resume in california. and you can find a lot more of the audio recordings from the proposition 8 supreme court arguments on our website, ktvu.com. there are also transcripts to today's proceedings and tomorrow, the supreme court will be hearing the defense of marriage act. at the supreme court considers the arguments in the prop 8 case, public opinion appears to be leaning in favor of same sex marriage rights. a rhee cent poll finds that -- recent poll finds that 5 #% of americans -- 53% of americans think it should be legal for same sex couples to marry while 39% say it should not be legal. that's a big change from just one year ago, last may 51% of americans said it should not be legal for same sex can you remembers to marry -- couples to marry. we are expecting to see more rallies and vigils tomorrow by supporters of same sex marriage in san francisco at the court building. last night the advocates marched to the

one judge to watch is anthony kennedy. he was appointed by reagan back in the 1980's, so he is a potential republican, but he has proved to be the swing vote for many important decisions by the supreme court lately. either tipping the supreme court in one direction or the other, and he is the guy who said that the supreme court was potentially entering uncharted waters, so that does not sound like a sweeping measure. then again, adhering sometimes the supreme court judges are very critical, but the outcome, the ruling in the end is very different. >> this all has to do with something called proposition 8. can you explain to us what that is exactly? >> well, it is a california measure, california law that was enacted in 2008 banning same-sex marriage just a couple of months after it was made possible. since then, this law has been overturned by several courts, but those rulings are on hold until the supreme court makes its decision. as of now, it is not possible for gays and lesbians in california to get married. >> it is l