austin kearns in right.yjer morgan stays in to play right field and willie harris shifting over to left. georgia johnnie and ray with the rest of the way. >> bob: i like it. >> rob: i know. mike macdougal and keep if mine. adrian gonzalez is in the game. if anyone get on, he is the fourth batter. macdougal misses. right down the middle. and most recent save against the mets when he worked a 1-2-3-9th and got three ground balls. out of play, left side. strike two. next up. the strong handed batter. and you could see the same for him. kyle blanks. little bit outside. got him on a hard sticking fastball. and it would have been ball three and headley went after it and got nothing. >> rob: when a guy is throwing that hard, you have to make a quick decision. makes the wrong one. down and in: macdougal can bring it. it is 97 and it is below the knees. >> bob: here is kouzmanoff. keep the ball down on this guy. padres only rbi today. opposite feel double in the six. and 53rd. in this year. out corner, and that was a

. >>> the temperature in >>> the temperature in austin, texas, was 103 degrees today. texas being hot in july is not startling news, but austin and orr parts of texas are in the middle of a drought, being made worse by this sumer's relentless scorching temperatures. people across the country are going to feel the affects. ryan owens is in austin. >> reporter: these days in texas, cattle auctions are crowded. ranchers forced to sell. >> their body is breaking down. >> reporter: weeks of 100 degree heat have compounded two years of drought. pastures are scorched, cows are starving. >> a lot of cattle are gone in south texas. when they're gone, the price is going to go up, and the people in new york is going to be paying a lot more for beef. >> reporter: and it's not just cattle. texas produces more cotton than any other state. many of the fields have withered to nothing. state agricultural officials estimate $3.5 billion in crops and livestock have already been lost. cities like san antonio have deployed offduty officers to search for water wasters. neighbors are calling

patty austin, brilliant. miko what can we say.part of it. we leave you tonight with an incredible moment from a day filled with them. here is jennifer hudson singing "will you be there." ♪ ♪ free me ♪ ♪ i will be there ♪ whoa ♪ in our darkest hour in my deepest despair will you still care will you be there ♪ ♪ in my trials and my tribulations through our doubts and frustrations in my violence in my turbulence through my fear and my confessions in my anguish and my pains ♪ ♪ through my joy and my sorrow in the promise of another tomorrow ♪ ♪ i'll never let you part ♪ for you're always in my heart ♪

snakebites are above normal this year near austin and san antonio and near austin for the first time in 30 years a floating restaurant has had to close its doors. >> just falling faster and faster. >> reporter: back at the ranch, clint buckland is also hoping the weather changes soon and wondering how many more cattle he'll have to sell before the rains return. don teague, "cbs evening news," bryan, texas. >> couric: coming up next here on the "cbs evening news," how more and more american girls-- some as young as 11-- are being drawn into prostitution. >> modern kids are more vulnerable to this kind of exploitation than any generation in american history. my two granddaughters are my life. they always ask me, grandma, take me here, grandma, take me there. but with my occasional irregularity i wasn't always up to it. until i discovered activia and everything started to change. announcer: activia is clinically proven to help regulate your digestive system in two weeks when eaten every day. now i enjoy every minute. my grandkids are happy, and so am i. ♪ activia inspired from around th

3 and had a walk in the loss to the mets and debbie taylor is with austin right now. >> reporter: austin, your second consecutive start tonight. how would you describe the way your season has gone? >> obviously not how i would have liked it to, but that's kind of how it's been for us as a team, too. i don't think any of us expected this to have a season going like this. it's been frustrating but you got to keep working and come to the park and play hard. >> reporter: how have you managed to deal with the role you're not used to? >> just try to prepare. that's the only way i know and i haven't really done this before and i just try to stay prepared throughout the game and stay loose and do something to get a suite going and be ready if i get in there. >> reporter: you had good bats this week and talk a little bit of work with rick and how you've been able to approve your approach at the plate. >> it's just trying to have good at bats and sometimes it's tough when you're not getting regular ab's and trying to go up there and give a good at bat and keep working on the side with rick and sit

patty austin performed with michael and knew him for decades.will you find the stability and resources to keep you ahead of this rapidly evolving world? these are tough questions. that's why we brought together two of the most powerful names in the industry. introducing morgan stanley smith barney. here to rethink wealth management. here to answer... your questions. morgan stanley smith barney. a new wealth management firm with over 130 years of experience. >>> before we meet patty austin, let's go up on the roof and my man anderson cooper, what a day, anderson, what's up tonight? >> an emotional day, larry, we're going to have two hours of coverage on 360 at 10:00 p.m. eastern. we'll play you extended clips from the moving memorial tribute to michael jackson at the staples center earlier today. also the latest on the investigation. we're getting disturbing reports from sources close to the investigation about michael jackson's body, some details about his appearance, and the possibility of intravenous drug use. we'll be looking at that and tell

austin kearns entered the game in the 9th. delivered in the 10th with two outs. nats edge the padres 3-2 in ten and it's party time in d.c. afterwards the skipper had kind words for mr. kearns. >> he's in a tough situation, not getting to play as much as he normally has in his career but he does his work every day. gets ready for those kind of situations. in a perfect world we close it down in the 9th and we never get to that point but i wouldn't trade it for anything now because i'm really happy for the ball club and austin in particular. >> nice day for the ball club. dave tremly nd the or equals loses -- orioles loses to five straight. a foul ball down the third baseline. mora overruns it. no, he's still got it. for your defensive play of the game. top of the 4, o's lead 4-0. a base hit to the gap in left center. goes all the way to the wall. brian roberts from first is waved home and scores. the relay home cut off. a's in a rundown between second and third. o's defeat them anyway. it ends an 11-game losing streak at fenway park. >>> d.c. has a new champ and w

austin kearns will be next. but it's almost as if, as soon as nyjer morgan showed up, the nationals totally abandoned the idea of batting guzman up in the order, when clearly, the number 2 spot is where -- well, maybe he should be. the manager has to put that lineup out there every day. nyjer morgan came into this game batting .367 as a nat. 22-62 now, so that's gone down a little bit. but to me, morgan and guzman back to back is pretty intriguing. now, cristian guzman and jim riggleman acknowledges this, is not the most patient hitter, if you have a base stealer in front of him. but if he is getting base hits, so what? i wouldn't be surprised to see the nats give that a try at some point. austin kearns jacks one to left. [ cheers and applause ] . >> bob: great swing, a one- hopper to reed, first and third, one out. and a chance for willie harris to get washington on the board. that's the best swing austin has had in a while. >> rob: well, it's a little cutter, actually a sinker in on the hands of kearns. the ba

patti austin, brilliant. miko, what can we say? them. here is jennifer hudson singing "will you be there." ♪ free me ♪ i will be there ♪ whoa >> in our darkest hour, in my deepest despair, will you still care? will you be there? in my trials and my tribulations through our doubts and frustrations. in my violence, in my turbulence, through my fear and my confessions, in my anguish and my pains. through my joy and my sorrow in the promise of another tomorrow. i'll never let you part for you're always in my heart.

this is also the drinking supply, heidi, for much of austin. about a million people get their water from here. they put very tough restrictions in place and not just in austin, but dallas, san antonio, houston, 200 other communities. it's also unearth some very interesting things. the lake should be 30 feet over my head where i am. just broke it, not like it platters. a boom box, old wires here, a tire over here and in addition to all of this, heidi, we're also very concerned about the danger of wildfires. so much dry grass everywhere you look across the state. of course, that has firefighters on edge. one other note, check out the skies. look at that. yeah, little bit of gray clouds and some rain up to the north. everybody's hoping it comes a little further on down to the south, but, unfortunately, nothing real significant in the forecast, as karen will tell you. >> sounds like they'll need an awful lot. jacq jacqui, we sure do appreciate it. we'll stay on top of the story all week long. jacqui jeras live in austin. >>> i'm heidi collins, "cnn

but he needs to, you know, bottle that one up. >> big day for austin kearns.n boston, dave trembly and the orioles trying to snap the 11-game losing streak. melvin mora, gregg zaun go for it. mora makes the snow cone grab as he's falling down. top of the fifth, orioles lead 5-0. john smoltz, humor fall of famer facing nick markakis. markakis sends it out to right field. os beat the sox 6-2 snapping an 11-game losing streak in boston. >>> the drought in d.c. is over. tonight the washington castles captured the city's first championship in five years. the kings of world team tennis after a remarkable run. they started the season 0-4, rallied to clinch the final playoff spot, upset theop team in their conference enroute to the title. they're playing for the billie jean king trophy. men's mvp. puts away the point with a smash. the castles had it going on. the women's single match determined the title. the two exchange ground strokes. then king hits the shot long. that's it. the castles win it 23-20 to claim the championship in just the team's second season in the

and scheduling reargument in citizen europe nighted th the -- citizen united they addressed if austin should be overruled. and it may usher in unlimited corporate spending in elections since the nation has not seen since 19th century without addressing the citizens you a europe nighted case and i ask what they prove about the rights of corporations and the current state of the law is as far as corporate participation in elections is as you understand it. >> senator, i have attempted to answer every question that's been posed to me. you have noted that citizens united is on the court's docket for september, i think september 9th. if i were confirmed for the court, to the court, it would be the first case that i would participate in. given that existence of that case, the very first one, i think it would be inappropriate for me to do anything to speak about that area of the law because it would suggest that i am going into that process with some prejudgment about what precedent says and what it doesn't say, and how to apply it in the open question the court is considering. i appreciate

shepard: a double murder case in austin, texas.ice are searching the apartment of these two recent graduates. they were found shot to death on tuesday. they are a 22-year-old and a 21- year-old. the police department reports preliminary evidence suggests they were killed by someone who knew them. there is no sign of forced entry. the apartment in austin, police are now asking for the public's help. with us is the police ltt. why would anybody do this? what does this look like? >> we are actively looking for a motive. one of the things that is probably last found in any murder investigation is the motive and the answer to the question, why? we are right now actively looking for suspects along with any individuals who might have had contact with john and stacey either the morning of for the night before this incident occurred on tuesday. shepard: had they lived there a while? they were they in any relationship that goes beyond roommate? >> yes, they were boyfriend- girlfriend at the time. they had both met while attending the univers

right now ray street is shutdown, right between water and austin -- west and austin streets.ling in the area, mass transit is going to be the best option for you. you can always use light rail and hop off at the hamburg street. that will be the better option. there's a complete list of all of the information you need to know. it's on the bottom of the screen on the morning news ticker. >>> inside of baltimore we're dealing with an accident on the northbound lanes of 295, right at water view exit. you will want to use 95 to approach the city right now. on the beltway in that southwest corner at the bw parkway, a pretty picture, both the inner and outer loop lanes. that's a look at the morning commute. patrice, back to you. >>> we continue to follow a breaking story. a helicopter crashes into a highway leaving four people dead. we will have the latest. >>> dozens of people injured after a commuter train crashes in california. >>new this morning, four people are dead in a helicopter crash in western maryland. the crash happened west the frederick county line near smithberg. the

what did bother them in the northwest austin case and why it is not entirely right that the congress can never fix it. first of all, neil correctly says they went off on the statutory question, but they also devoted four pages to discussing the constitutional issues. if you're a minimalist and you think something vile eights the statute why would you reach the constitutional question? >> right? >> the reason you have it before constitution is because you don't have to wade into all of these areas and you have a voluntary choice by the court to discuss the serious constitutional questions involving section 5, and i think that that was not in any way unintentional, and what they said was there's two basic problems with extending this absurd statute which served an obvious purpose in the 60s and the 70s in terms of creating voter equality, but now that it's morphed into this situation where you're requiring proportional representation for a representative and the biggest problem is you can't show that the situation in georgia or the other coverage jurisdictions is worse than in the juri

and austin kearns, thanks for joining us. they won four of the last six and take the winning streak to milwaukee. we will see you tomorrow night. thanks for joining us on this sunday. announcer: during the autobahn for all event, you can get great lease deals. i love it! i just want to know it's the right move. me? thirteen days in the future. you get a deal on the car you always wanted. scheduled maintenance is included, it's all good. what's the future like? you love your new jetta. and the suit? you like it? no...i love it! eastern. great conversations with rich rodriguez, head coach of michigan. jim tressel at ohio state it's all coming up beginning tomorrow on espnews. suspended spent cup owner and driver jeremy maffled has sold his hauler and entire inventory of cars and parts to john carter to plans to compete on the circuit for thes rest of the season. one of the cars was used by labonte today at the brickyard 400. mayfield was suspended may theth for testing positive for methamphetamines. >>> other news, michael phel

. >> reporter: austin's lake travis is more than half-way empty. so bone-dry, the sheriff has recovered cars dumped decades ago. these boat ramps give you some idea of what this drought has done to summer recreation here in texas. this drought has gone on for nearly two years. look at this dock. no one's been here for quite some time. of the lake's 12 boat ramps, this is the only one still open. boaters say islands are popping up in the middle of the lake. >> all of a sudden you look out. and ten feet away you see dry land. and you're like, holy cow. >> reporter: meteorologists are promising a wetter-than-usual fall. but for so many here, fall seems an awfully long way away. ryan owens, abc news, austin. >>> a murder mystery in worcester, massachusetts, has authorities searching for an 8-month-old fetus. the mother body was found in an apartment on monday. an autopsy revealed that her child had been removed from her womb. neighbors said they got suspicious when the victim mysteriously disappeared. >> she hadn't come down. and from thursday, friday

i live in austin.have the bros co center for american history at the university of texas and a man named don carlton a great friend of walter cronkite's was able to get his diaries and papers back to texas. cronkite, of course, grew up in houston and spent some of his early reporting years in austin and went to college here two years and he had a great affinity for austin, texas. one of his daughters lives here. they have a great treasure trove of papers. in the last few years i have been researching it. walter cronkite is a great window on american history. it is a story of as you have been talking about the upi, but not only was he part of the normandy invasion, covering the nuremberg trials with cbs with the edward r. murrow and vietnam. he saved speeches, correspondence, photographs, press pass, on and on. it is all at the center. they are getting ready at the university of texas in the spring of 2010 to have a big walter cronkite conference. >> doug brinkley, tell us something we don't know about

we want to be part of the better good in austin. so, everyone is definitely welcome so we decided people could bring their dogs. >> this church is truly dog friendly with big and little fido treats. >> good shot. >> it started when members began handing out snacks and dog treats to joggers and their pets. then the pet owners started asking if they could bring the dog to service. >> it is fun to have a church that incorporates your lifestyle and what is important to you. >> members miraculous ly transform a bar in a church every sunday so it was no problem to bring in the friendly fidos. >> he sits on the couch and like lies there and sometimes he likes to explore when i'm not looking. >> so far the dogs seem to like to go to church. >> we were a little worried about that. >> we always tease one member because he has the big german shepherd but there hasn't been a problem. >> that looks like my dog. >> i guess it could get a little noisy. >> here is a look ahead to the next hour. >> controversy over michael jackson's estate is stirri

austin currents up with two outs. runners on first and second. he delivers. drives one to right. ball game. nyjer morgan scores from second. the nats win 3-2 in extras in walkoff fashion. they've won two in a row. >> no matter what the record is, we all want to win. it doesn't matter how many games we've lost. you play to win. no matter how it happens, it's always a lot more fun when you win. >> the one guy that needed that was austin. i'm glad it happened for him. he's a great teammate and a great ballplayer. it's not easy coming off the bench like that, you know? he's hanging in there. he's working hard. and he's taking advantage of every opportunity he's getting. i'm proud that he did that today. >> we're in boston. dave trembly and the orioles trying to snap an 11-game lose streak. down the thirds byline. melvin mora and gregg zaun converge. mora back peddles and makes the snow cone grab. lo lovely. top five. john smoltz facing nick mar kay k markakis. finally a win at fenway. if it weren't for a high school guidance counselor in oakland, california, rickey henderson would ha

austin, texas, set a record. 104 degrees. right now in the 90s. through texas. can see how that humidity now is all the way up in the new york city area. and boston has same humidity we have here in washington. and the heat index is into the 90s. in parts of the south. there is where the exceptional drought continues. austin, texas. last two years has a deficit now apoaching 30 inches of rainfall. so those are the areas. south texas could use rain. look at, not a cloud in sight. here is where the clouds are. where the storms are. there is a little weak weather front that has been coming through us. along that. there will be an area of low pressure. tomorrow afternoon. i think we have the risk of seeing some -- legitimate, severe thunderstorms. look at the line that moved through -- arkansas right now. heading through pine bluff, arkansas. in and around us. just nothing going on. down to our south earlier. there were a few scattered showers. but, around us, for the rest of the night. i don't think we will be seeing anything. el dorado, arkansas. wind earlier toda

. >> bob: austin kearns to play right field. and on the other side of nyjer morgan, willie harris is in left. a nice chance for jim riggleman to get some at-bats and defensive work, especially for kearns and hernandez who have mainly been pinch-hitting lately. here is logan kensing. we'll get all those guys set for you as far as where they are in the line-up shortly. >> rob: the guys in the bullpen really don't have roles, set in stone. but the more they go out there and perform, and do a great job, they'll define their own roles. right now tyler clippard defining his own role asagoe to guy when you need him early in a game, middle of the game, late in a game. if he throws strikes and changes speeds like that, he's going to be one of the mainstays of this bullpen the rest of the season. >> bob: isn't it nice to have one of those guys who is 24 years old. >> rob: and this guy right here, the stuff that he possesses, if he can throw strikes, put some people away, he will step up that ladder in jim riggleman's mind. >> bob: anderso

behind me, you can see this is lake travis in austin. the lake level is down about 50% to where it should be. so the water is just evaporating. the agricultural community is in a state of crisis. farmers are having to sell off their cattle because they can't afford to feed them and crops are at a near loss, producing a small yield of what they normally would, about $4 billion has already been lost in this state alone. unfortunately, they think those numbers are going to get worst. state agriculture officials say you are going to feel it in your pocketbook. >> the real consequence is not just today but it is long term. it means a reduction in farming families when that's one of the biggest threats to domestic food supply today is having our farmers and ranchers sustainable in the agricultural business. that's what really all american consumers should be worried about today. >> reporter: farmers are hoping they will get some help with insurance and also government subsidies. recreation is suffering too. take a look at this boat behind me h

austin kerns, wins the game for the nationals. >> his two out rbi single drive in morgan.n 3-2 and have won four of the last six. >>> over to nascar and the all- state 400 at the brick yard. on lap 138. johnson and the 48 car takes the lead from martin. stewart leads the chase for the cup. >>> our time is 6:25. ahead, sarah palin resigns from office. a look at what is next for the former governor. and plus the "endeavor" astronauts are awake already this morning. a look ahead to their busy day. and kenny burns has the traffic. >>> here's a look at downtown silver spring. no problems if you take 29 or the beltway. traffic details coming up. this is 9 news now. >>> howard bernstein on the weather terrace. a sticky morning and the showers have left. we have some blue overhead. we will let you know how long it will b@ >>> shuttle "endeavor" is waking on the sunny side of space. they will conduct the fifth and final space walk of the mission. it is due home on friday morning. thank you for starting your monday with us. i'm andrea roane. howard is live on the weather terrace wit

including dallas, houston, san antonio, and austin. one climatologist says the drought will linger for at least another month. >>> a vote on supreme court nominee sonia sotomayor could take place on tuesday. a senior republican senator on the judiciary committee says he has made up his mind how to vote. but jeff sessions of alabama won't publicly say how he will vote. yesterday he told a crowd at a gop fundraiser he is troubled by sotomayor's responses at the recent confirmation hearing with the democratic majority in the senate, it's virtue live guaranteed that president obama's nominee will be confirmed. >>> a paralyzed law school graduate is fighting to take the bar examine. the test is tuesday, so time is running out for sarah granda. the california state bar refused to seat her because her registration fee was paid by check instead of credit card. executive deputy director says it's the student's responsibility to maneuver the high-tech process and the bar isn't in the business of making exceptions to the rules. >> they said that

all of which makes things more difficult for responsible operators like bill austin, in business for7 years. >> for those of us that spend the money to do it right, yes, it hurts from the perspective that the impression of the general public is tarnished. >> reporter: austin says he welcomes congressional efforts to strengthen oversight of charter bus companies, anything that keeps unsafe operators off the road. don teague, cbs news, dallas. >> couric: and we'll be right back. it can be tough living with copd... but i try not to let it slow me down. i go down to the pool for a swim... get out and dance... even play a little hide-n-seek. i'm breathing better... with spiriva. announcer: spiriva is the only once-daily inhaled maintenance treatment for both forms of copd... which includes chronic bronchitis and emphysema. i take it every day. it keeps my airways open... to help me breathe better all day long. and it's not a steroid. announcer: spiriva does not replace fast-acting inhalers for sudden symptoms. stop taking spiriva and call your doctor if your breathing suddenly worsens, yo

austin is there for the second out. be in our ballpark, a week from sunday. $14 gets you an upper right field terrace ticket and $25 gets you in the lower stands. minimum two per purchase. write the family out early. the autographs before the game and the kids get to run the bases. 888-632-nats or nationals.com. >> rob: so far he has thrown 27 fastballs and one changeup. >> bob: he is not tipping much of his hand the first time through the lineup. >> rob: no, and i like it. a good fastball. it is not velocity, it is movement. torrealba is getting around extremely late. and torrealba playing in his 21st game of the year. and a 2-1 pitch. the inside corner from marvin hudson. that is a good pitch for ross because the hitters don't expect him to be able to get it in there. keep it across the plate. >> rob: it is not where it is caught, it is where it crosses the plate. >> bob: two strikes. he misses probably by two or three feet. >> rob: as you forget, he is 22 years old. i wasn't even in the big leagues until i'm 24 years

austin needs to make it count. slaps one into the gap in rit center.se of that, nyjer morgan would come in to score the game-winning run. look at that celebration. they hope this starts momentum heading into the milwaukee series tonight. >> milwaukee is a good ball club. you know, we're going to have to play well on both sides of the ball. but, you know, i think -- we feel we've underachieved as a team. hopefully in the second half we can get some momentum and get some bright spots. >> we're going to two tough places to play and two really good teams. and, you know, it would have been a very tough loss if we would have lost this today. our spirits are high. we're looking forward to getting to milwaukee. >> we've just got to get to the point where we feel like we're going to go out there and win a ball game. i think our guys -- our hitters know we can hit. i think a lot of them know that there's a lot more left in the tank, a lot more to produce. and we know we can put a run together. >> jim riggleman and the nationals open up their series in milwaukee

that's why austin is in there tonight.third highest active againstly von. >> rob: righties crush him. >> bob: but felipe lopez is left handed. see where felipe is now in milwaukee. brewers traded a couple of prospects to arizona. >> rob: brewers are contending. >> bob: it's pittsburgh, right or milwaukee? >> rob: no. it's milwaukee. >> bob: ok. and you know, felipe is the kind of guy, if he is motivated, who can help a ball club. he was a help to st. louis last year in their race and then off to arizona he went. there is felipe. two minor leaguers. and livan is mad at himself for walking austin kearns, but better than giving up a hit. or not. second walk of the night. jason schmidt of the dodgers, one time about six years ago, he was as dominant as anybody in this league. i'm thinking about him when he was with the giants in the playoffs in '03. tim hudson back almost. >> rob: two names, hudson and schmidt, five years ago, two of the most dominant pitchers in baseball. >> bob: i was thinking about the pirates because evide

austin this year hitting only a buck 99.nted all of his problems, but some thing he is able to do constantly is get on base. he has been on base 34 of 38 games he has started this year. and if memory serves me correctly, in the 6th inning of a 9-4 win over houston on monday, may fourth, he was hit on the hands by a pitch. by felipe paulino, and his season hasn't been the same since. at that time, he was hitting .250. he had driven in this 13th run of the year that night. and now two months later, he has 16 rbi's. it just seemed like when austin came back after a couple of days off, after getting drilled, the timing was gone. and two quick outs, alex cora takes care of that. >> rob: i can agree and disagree with you. i mean he still holds his hands against his chest, and your first movement is to get your hands away from your chest, go back, and then try to catch up to the ball. and he is late a lot. so you know, we talk about jeff francoeur, austin kearns is not making a lot of adjustments and still hitting under .200. >> bo

austin, thanks for being the model. thank you for everything today. >>> if you want feedback on your chances of getting interested investors, send us n e-mail, our address is yo yourbusiness@msnbc.com. >>> let's talk about some of the don't of going your business. here are five common mistakes and how to avoid making them courtesy of fortune small business magazine. number one, errors in accounting. make sure your projections are realistic and you have an understanding of important ratios such as sales to expenses. two, unrealistic pricing. you have to price your goods and services to sell, but your price points should cover all your costs. three, hasty hiring. for businesses with a small staff, every hire is critical. so be sure to thoroughly check references. four, lack of standards and controls. procedures should be used to monitor every aspect of the business. and number five, branding. everything from your products to your store to your employees should protect your company's image. >>> to learn more about today's

what did bother them in the northwest austin case and why it is not entirely right that the congress can never fix it. first of all, neil correctly says they went off on the statutory question, but they also devoted four pages to discussing the constitutional issues. if you're a minimalist and you think something vile eights the statute why would you reach the constitutional question? >> right? >> the reason you have it before constitution is because you don't have to wade into all of these areas and you have a voluntary choice by the court to discuss the serious constitutional questions involving section 5, and i think that that was not in any way unintentional, and what they said was there's two basic problems with extending this absurd statute which served an obvious purpose in the 60s and the 70s in terms of creating voter equality, but now that it's morphed into this situation where you're requiring proportional representation for a representative and the biggest problem is you can't show that the situation in georgia or the other coverage jurisdictions is worse than in the juri

austin, about 78.ton with all your humidity in the air, only about 81 degrees, on up to about 100. that's what it looks like out there. what about the rest of the country. because we have heavy downpours now coming in, when you get just off the carolina coastline. charleston itself, yesterday, over 4 inches of rain. now the rain is coming in across north and central florida once again. there's that tampa radar picture. you can see it swinging on through. you can see the one thin stripe between atlanta and orlando -- or tampa and orlando. more rain will train over the same area. flash flood watch for the carolina coastline, all the way down into the northern part of the georgia coast, including savannah. those temperatures will be baking hot. with the hot air coming up from the south, showers and thunderstorms going early this morning. you can see that watch box right here. severe thunderstorm watch, a lot of lightning flashing all around south dakota, in towards northern parts of nebraska and another l

austin kearns will pinch hit in the number 9 spot. come on. with a couple of r.b.i.s percentage hitting this year. you hope for austin's sake that a guy he faces will make a mistake so he can run into one. it's been a long, long time. he hadn't hit a home run since the 26th of april against oliver perez at city field. kearns is 11 for his last 74. >> rob: he has not called a lot of strikes down low tonight. >> bob: kearns going the other way and gets a base hit. >> rob: nice job. >> bob: didn't try to pull the ball, didn't do too much with it. that will get morgan to the plate here with two outs. >> rob: this is some good hitting right here. austin staying on the ball. not been getting a lot of playing time and to get a hit like that. nice job. >> bob: they have another left hanker out there. alan embree. >> rob: yes. he is on his way. >> bob: morgan will face a lefty. >> bob: couldn't get it done last time against franklin morales. hopefully this time. one out, two on in the top of the 8th in a 4-4 game. doing nothing, you know?" tdd#: 1-800-

i'm in austin. i guarantee you none of them are here in austin. >> well, austin is a pretty smart town, i know. >> i think that this whole issue is ridiculous, frankly. i think the people who are pushing this issue are not a bit nuts, but a lot nuts, and i have to tell you, chris, you talk about republicans playing games with this issue as if there's some strategy behind it. every single republican consultant i know rolls their eyes at this issue and wants it actually to go away because i think we are making real traction taking on the president on, you know, his massive government health care bill, wasteful spending in the stimulus bill. all of these issues, real substantive issues that i think matter on election day, we're getting in some good licks against the white house, and this issue is a massive distraction from all of that. i don't know a single republican strategist or consultant who enjoys any of this, but i will say, i do have to agree with tanner's office. it seems to be people in the m

. >> bob: josh willingham 0-14 since the break now and here comes austin kearns who struck out swinging on a check swing the first time.   fastball up and i think the way austin kirns is going, the first fastball hi sees near the strike zone, he need to be ripping. zimmerman went to third on the adam dunn slow roller and i don't think kearns wants to get to two strikes and that's inside, ball 2.   contact man gonzalez is next and last te austin kearns homered, the one we showed you on april 26th against oliver perez at city field.   not even close, 3-0.     >> rob: i think oliver perez knows kearns' numbers off of himself and would rather take his chances with gonzalez. >> bob: would you give the struggling hitter the green light? doesn't matter the pitch was way outside and four walks by perez who's only given up two hits. >> rob: you'd say he's effectively wild. >> bob: the base running bunch, zimmerman third, dunn second and after willingha

austin has been wonderful.ant to go back to work and support my family. >> job offers are pouring in for schaffer. still no indication if the grocery store might reconsider rehiring him. >>> a doctor admits he operated on the wrong knee of his patient, but get this, it's not the first time he's made the mistake. >>> new protests and flashes in iran. thousands of supporters march to remember ne da agha-soltan. witnesses say riot police beat people with batons and tear gas to break up the crowd which was trying to gather at her grave. this was the 40th day since neda's death, considered the last day of mourning for shiite muslims. two opposition leaders, the defeated candidate measure hossein mousavi, and mehdi karrubi were also stopped from going to neda's grave. >>> two georgia police officers were suspended after the secret service found out they may have tried to run a background check on president obama. dekalb county officers have been placed on administrative leave as the department's internal affairs divi

he was given his first broadcasting shop in austin. as a sportscaster, he faced a daunting challenge. the station has knows -- had no sports wire. a nearby smoke shop did. he went there, memorized the scores, and went back to broadcast them. he tried to stay on after the broadcast season ended. he was let go, told he would never make a radio announcer. from there, he got a job with the state capital at the first international news bureau. this led to a full stop -- full- time job. his parents did not seem disappointed that he never graduated. in the midst of the great depression, the job was considered more desirable than an education. during world war ii, he worked at the european -- worked as a european war correspondent. he accompanied the troops on d- day. he stayed on as the chief correspondent during the nuremberg war crimes trial. in 1950, he was lured to cbs. in 1962, he helped found the cbs evening news, which he anchored for the next 19 years. he was seen as an impartial newsman. more americans started to get their news from

austin kearns is next. that is a fastball up. 3-2. and de la rosa is going to go to dibley here. >> rob: he is getting tired. he has 99 pitches and counting, and it is hot out here today. no air. they suck the air out of the stadium. i'm just kidding. it is just thin air. >> bob: 3-2. willingham will stay alive and chop it foul. >> rob: maybe they can store energy from the solar panels? >> bob: i wonder where it goes. >> rob: it's got to go somewhere. >> bob: i know. maybe he is running that electronic scoreboard out there. there is a scoreboard with a little auxiliary board next to it. willingham rocks one into left and the nats have their first clean hit since wil nieves got one over the bag beginning the sixth. so it is first and second, one out, and austin kearns coming in. >> rob: there is a nice swing on the ball. head down. and that didn't work anymore. >> bob: that probably got a couple of scouts scribbling. >> rob: hopefully the solar panels are powering up the bats finally. de la rosa, five full counts in the last seven hitt

bottom of the eighth, the quick throw catches austin kearns. he is caught in a rundown. what happened here in the bottom of the eighth? he grounds right back to the pitcher. looks like a double play ball. but he throws a pass second. he tries to get the runner at first. everyone is face. bases loaded. the rockies go on to score. they win the game, 5-4. >>> fans are beginning to pay their tributes to former tennessee titans steve mcnair. the started pouring in very early this morning to view the highlights of mcnair's career with the titans, played on the big screen. he was shot to death on july 4, the body of his girlfriend found next to him. funeral services for mcnair will be held saturday. >>> lance armstrong is just a fraction of the second behind the overall leader after today's fifth stage of the tore de france. armstrong is after his fifth crown. >>> michael phelps back in the pool, winning again. he had the fastest time in the 200 meter butterfly in indianapolis and also won the 200 meter freestyle. if he wins, he will earn a spot in the world championship. >>> b

shout it out. >> the austin case was the pour under section 5 [inaudible].s it possible that the court will adopt the city cases when they do consider that question which is a fairly rigorous review of congress's power under this congruence and proportion signality. if they do, -- proceed force sign -- isn't there a problem for the s.g.'s office because to justify section 5 they have to say those jurisdictions are really different but to justify section 2 and the effects test of section 2 they have to say, well, there are problems everywhere and that they require congress to go beyond mere constitutional violations, which has to meet the proportionality test. >> mike, can you begin? >> i'm sorry. >> i will answer for neil. >> i think we will have to conclude then. >> you are getting into very complicated stuff. i would make two points and i'm shure neal would disagree with both. as i said -- and you have to get into the minuteia of the law to understand this. the court has sought to weaken the race conscious mandate of section 2. it has made clear the minori

. >> reporter: mona austin is one of the 18,000 people lucky enough to witness firsthand michael jackson's star-studded memorial. >> i'm delighted to have opportunity. >> reporter: just like he did in his real life concerts, tickets to the final act are the hottest ones in town. >> oh, yes. >> reporter: stevie wonder, lionel ritchie, mariah carey and jennifer hudson are some of the stars that will perform in the streets in and around the staples center the know key what theater will be sealed off by police to keep away those who didn't get tickets. >> a lot of jealous people out there. >> before the memorial, the jackson family and their closest friends will participate in the private ceremony at the forest lawn cemetery. there are ways to participate live. you can drive to fredericksburg, virginia the silver point theater will be showing it and you can see it on facebook and my space provided they don't crash and we have other ways. >> yes, cbs news will have coverage of the service. you can watch it here beginning at 1:00 p.m. here's how that will impact our broadcast schedule for the re

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