clarence thomas and antonin scalia said the high court should have put that ruling on hold for a few months. justice thomas criticized his colleagues for looking, quote, the other way as another federal district judge casts aside state laws. meanwhile, this picture is making its way across social media. technician second class thomas sewicky were chosen for the first kiss of the homecoming of "the uss san francisco." >>> we're learning information about the fatal crash involving bruce jenner. sheriff's officials say from the tire marks on the road it does appear that jenner tried to brake before hitting the lexus. investigators say the driver of the lexus who was killed did not have a valid license. all drivers in the crash are being investigated. detectives are looking into cell phone records and plan to examine all of the vehicles involved in the chain-reaction crash. >>> the story made national news. an explosive new claim against drew peterson. the ex-illinois cop is say caused of highing to hire a hitman. he allegedly tried to hire someone between september 13 and december of la

unless we're getting gay married isn't what thomas and scale qa said. >> justices antonin scalia and clarence thomas said today the supreme court should have granted alabama's request to put that ruling on hold. >> jon: melatoni. c chlamydia i'm shocked. the stay was not granted. unless you don't happen to have a supreme court justice who thinks he outranked the supreme court. >> chief justition moore of the all billiona court ordered the probate judges not to issue licenses. >> told them they didn't have to follow a federal judges ruling declaring the state's ban on same sex marriage unconstitutional. >> jon: huh. alabama official circumvend-- circumventing a federal ruling against minority right, he was thinking hey, that selma moviest was a hit. better start laying the groundwork for a sequel. >> judge moore is making an old state's rights case that article 6-- of the constitution refutes. >> you wouldn't happen to have other less legallish reasons to do this would you. >> i think the redefinition of the word marriage is not found within the powers designated to the federal govern

ruth bader ginsburg sitting down with antonin scalia.er ginsburg revealed why she nodded off a bit during the president's speech. >> the audience for the most part is awake because they are bobbing up and down all the time. we sit there stone faced. sober judges. we are not -- at least i wasn't 100% sober because before we went to the state of the union, we had dinner together and justice kennedy brought. >> that's the first intelligent thing you've done. >> well there was a time you came to those dinners. especially open something with a very fine california fine that justice kennedy brought. the dinner was so delicious, it needed wine. >> a rare look into the personal life and levity there from one of our supreme court justices. >>> video shown during the "american sniper" murder trial shows police chasing the suspect the day he killed chris kyle and kyle's friend. prosecutors think this is a win for their side and defense is saying not so fast. in our house, we do just about everything online. and our old internet just wasn't cutting

supreme court justices ruth bader ginsburg and antonin scalia may butt heads on the bench. >> what'slike? except her views of the law, of course. >> reporter: but surprisingly share the closest friendship of all the justices. >> why don't you call us the odd couple. >> reporter: their political differences are an elephant in the room they aren't afraid to confront or ride as they did on vacation together in india in 1994. >> it was a rather bumpy ride. >> reporter: scalia clearly admires his pint-sized partner's taste for adventure on their trips. >> ruth honest to goodness went up behind a motor boat -- >> parasail. >> yeah. i mean she's so light you would think she would never come down. >> reporter: scalia even helped his friend out by giving her an advanced copy of his dissenting opinion so she could better write what is now a landmark majority opinion. striking down an all male admission policy at a public college. >> so i took this dissent, this very spicy dissent, and it absolutely ruined my weekend. >> reporter: another point the duo disagrees on? attending the state of the u

and with all that in mind you're stand buying a quarry with antonin scalia.t's the middle of the night, you've both been drinking no one is around. the man is like 78. he's had a full life, right? but who knows what's going to happen in 2016. maybe republican gets in office they're going to choose-- >> i totally thought you were gog ask about sex. >> larry: no no, no, this might-- if you push him over the edge, then the democrat president can appoint-- another-- another justice. what do you do? >> "the nightly show." larry wilmore just asked "would you commit murder?" >> larry: do you snuff him or not? how bad do you want this bill passed? >> uh i do not commit murder. ( laughter ) because, incidentally, i would never do anything immoral in the service of a moral movement. >> larry: she kept just it 100. we'll be right back. ( cheers and applause ) ♪ ♪ come on! ♪ sarah, this wifi calling from t-mobile is the best. yep. i can talk from anywhere in my mansion. i already have it. you sound great in my hydroponic kale garden. reception's great in subterranean pet

justices antonin scalia and clarence thomas said today the supreme court should have granted alabama's request to put that ruling on hold out of respect for the state until the court rules on gay marriage nationwide in a few months. the failure to grant alabama's request, thomas said may well be seen as a signal of the court's intended resolution of that question of gay marriage nationwide. roughly two-thirds of alabama counties today refused to grant the marriage licenses. >> i'm sorry. >> reporter: after roy moore, chief justice of the alabama supreme court, urged local officials to ignore the federal court ruling. in 2003 he defied a federal court order to remove a ten commandments monument from the state supreme court building. he was removed from office but was re-elected three years ago. the supreme court takes up the marriage issue in april with a decision by june. it seems unlikely the justices would allow same-sex marriages to go ahead in alabama now if they're just going to stop them a few months from now. lester. >> pete williams tonight, thanks. >>> german chancellor angela

two of the supreme court justices dissented,ant 9 antonin scalia and john roberts. while the court resolves the important constitutional question. >>> alabama clerks have refused to issue marriage licenses. issuing an order not to proceed with same sex marriage licenses. some counties and corgts in alabama were permitting the marriages and some couples were tying knot. >> i think that marriage equality is something that is here and that the probate judges, it is timeto for them to recognize that and they don't have the authority to not issue these licenses. >> big question, have a majority of justices made up their mind about same sex marriage? justice clarence thomas seems to think so. as more couples get married it will be harder for the supreme court to issue a ruling denying marriage equality. >> areva martin is a legal analyst and attorney. >> hi tony. >> let's be clear what the alabama state supreme court chief judge justice is saying here. >> there's more. >> yeah yeah yeah. was he really saying to the federal court you have no jurisdiction over the decisions

. >>> and in a first, ruth bader ginsburg sits down with antonin scalia.ate of the union was brought up bader ginsburg revealed why she nodded off a bit during the president's speech. >> the audience is mostly awake because they are bobbing up and down all the time. we sit there stone-faced, sober judges. we're not, at least i wasn't 100% sober. before we went to the state of the union -- [ laughter ] -- we had dinner together and justice kennedy brought. >> that's the first intelligent thing you've done. >> well there was a time you came to those dinners, especially with a very fine california wine that justice kennedy brought. i vowed sparkling water. stay away from the wine. the dinner was so delicious, it needed wine. >> a little levity. >>> let's get an early start on our money. cristina alesci. >> it looks like a rocking end for stocks for the week. u.s. stock futures are climbing following the 110-point gain for the dow. a huge swing for stocks. now they are very close to all-time highs. the s&p 500 is just two points shy from the december record. s

>> reporter: justices antonin scalia and ruth ginsburg two minds with the closest friendship on the bench> what's not to like except refusal of the law of course. >> reporter: sharing a laugh about ginsburg's sleeping habits at the state of the union. >> the audience for the most part is awake because they're bowing up and down all the time and we sit there stone faced, sober judges but we're not, at least i wasn't 100% sober because before we went to the state of the union, we had dinner together. and justice kennedy -- >> that's the first intelligent thing you've done. >> so i got a call and i came home from one of my grandmothers and she said, bubby, you were sleeping at the state of the union. >> reporter: sharp as a tack 81-year-old even admitted she's had occasional help staying awake from now retired justice david soouduter. >> he had an acute sense when i was about. so he would give me a pinch. >> reporter: ginsburg nicknamed notorious rbg and scalia known as nino have close families. admiring pint sized partner's taste for adventure. >> and ruth honest to goodness went up behind

in their dissent justices clarence thomas and antonin scalia wrote that the court is showing, "an increasinglyward the states." for the latest on all this, i spoke earlier with joseph smith a professor of politics and law at the university of alabama. professor joe smith, thank you for talking with us. you've had an unusually busy 24 hours in the alabama legal sivment yousystem. you have your state supreme court justice going one direction, the u.s. supreme court going in another. how are the courts handling it? >> well, right now, it's in the county offices where the action is and i would say they are handling it in different ways. i read somewhere this afternoonl53d that 41 county offices are not giving marriage licenses to same-sex couples and about 26 more are giving such licenses. so it's going in two directions now. >> woodruff: i gather the offices are probate judges and officers. how are they making these decisions? >> on a case-by-case basis meaning county-by-county. in each county the probate judge is based with -- faced with the decision of following what chief justice moore set out

the supreme court by justice oliver wendell holmes and louis brandeis on the left by justices antonin scalia and robert bork on the right and represent in the academy by professor kermit roosevelt who timothy sandefur has some vigorous and provocative criticisms for and we'll just have a great debate about what did the framers intent? was a perception of liberty records would be acting and developing laws rights that were not written down in the text of the constitution, or do they have a presumption of democracy were generally it was up to legislators not the court defined liberty and courts should be restricted to strike and only those laws that violated clearly enumerated constitutional rights? very brief introduction for our two great scholars. timothy sandefur is a principal attorney at the pacific legal foundation and hence the foundations economic liberty project which protects authors against abusive regulation. is an adjunct scholar at the cato and the author three books including his most recent one. professor kermit roosevelt is a scholar at the national constitution center as wel

but antonin scalia thinking about adolescence actually made the statement, is adolescence akin to mental retardation? should you actually think of a certain age groups, do they have a natural disability, not of course disease like a tumor would be an explanation for somebody but you find that out after the fact. this is a very controversial area of neuroscience. >> you told a story in the book about terrence graham and that was one case you were involved in. by the way, before we forget it, you're doing what right now? what is your job? >> i am a chair of a neurology department at the university of pennsylvania at the perelman school of medicine. >> how long have you been there? >> two and a half years. i was at harvard 30 years before that. i was running a research lab and still have that as well but it was a research lab looking at brain development especially in early infancy and early childhood, thinking about new targets for treatments because actually, we say that adolescent brain is different from the adult. the baby brain is like a whole different ball game. it's a very, very dif

. >> you haveless written a biography of antonin scalia. how are they different? how are they the same? >> well, there are a lot to the same in some ways. both new yorkers, one frommance one from the bronx. both very distinctive personalities, both checking up the court. she has been there since 2009. i would neverunder estimate what she is about to do -- never underestimate what she is about to do. she is a very good agent for himself, not unlike he was for himself, and they both understand the importance of being visible. look our visible justice scalia has been with his own book and look how visible she has been already. >> if you put on your legal correspondent hat for just a second where it's national press club night here at -- author night at the national press club. you just happened to be standing next to ted olson, the former solicitor general, when he gets before the court, what's the reaction of the justices to him and how does he play to them? >> that's a great question. something i've studied for a long time. i've been covering the court at least as

justices clarence thomas and antonin scalia.s said this is a strange thing for the court to do. we ought to be more respectful for the states. yes, he says i know the u.s. supreme court's going to take up this whole issue of same-sex marriage. quote, this acquiescence may well be seen as the senate of the corporate intended resolution of that question." that's an interesting little line from clarence thomas predicting that the supreme court might be prepared to say that same-sex marriage has to take place nationwide. in any event things are very dicey down in alabama, because the state supreme court justice down there roy moore, has said that state judges can't issue same-sex marriage licenses that the federal judge's ruling striking down the ban on same-sex marriage is an interesting legal precedent but doesn't directly affect what happens in alabama. advocates of same-sex marriage said any state official whose refuse to grant licenses now could be legally liable themselves. >> pete williams in washington. thank you. >> you bet

. >> you haveless written a biography of antonin scalia. how are they different? how are they the same? >> well, there are a lot to the same in some ways. both new yorkers, one frommance one from the bronx. both very distinctive personalities, both checking up the court. she has been there since 2009. i would neverunder estimate what she is about to do -- never underestimate what she is about to do. she is a very good agent for himself, not unlike he was for himself, and they both understand the importance of being visible. look our visible justice scalia has been with his own book and look how visible she has been already. >> if you put on your legal correspondent hat for just a second where it's national press club night here at -- author night at the national press club. you just happened to be standing next to ted olson, the former solicitor general, when he gets before the court, what's the reaction of the justices to him and how does he play to them? >> that's a great question. something i've studied for a long time. i've been covering the court at least as