he did, batson, spot him three yards short. >> brady: it's crazy to me the transition that batson and jonathan giles have made as former quarterbacks. i would imagine they have good hands and a good feel for routes is something you don't get a lot of practice at a quarter back. around the sidelines they do a nice job of controlling their body. >> joe: his 51st completion of the night is a first down to giles. 51 completions. 2:26 to go. >> brady: they are still in a good position, too, with three timeouts. if they could get a score here, to do an onside kick. maybe they would try to kick and utilize a timeout and try to stop oklahoma. >> joe: rolling, room to run if he wants to. kapri doucet drives him out of bounds. and the crowd to seeing some extracurricular over there, but no flag with 2:04 left. >> brady: it look like it might've been close to a horse collar. >> joe: yeah. nameplate again, look like it would have gotten ripped off there if it wasn't already ripped off. >> joe: inside of 2 minutes, now. on second angle, all three timeouts. mahomes elects to throw again. in the end

he did, batson, spot him three yards short. >> brady: it's crazy to me the transition that batson and jonathan giles have made as former quarterbacks. i would imagine they have good hands and a good feel for routes and timing and all that, but is something you don't get a lot of practice at a quarter back. around the sidelines they do a nice job of controlling their body. >> joe: his 51st completion of the night is a first down to giles. 51 completions. 2:26 to go. >> brady: they are still in a good position, too, with three timeouts. if they could get a score here, you would think they would try to do maybe they would try to kick and utilize a timeout and try to stop oklahoma. >> joe: rolling, room to run if he wants to. kapri doucet drives him out of bounds. and the crowd to seeing some extracurricular over there, but no flag with 2:04 left. >> brady: it look like it might've been close to a horse collar. >> joe: yeah. >> joe: and put his arm on his would have gotten ripped off there if it wasn't already ripped off. >> joe: inside of 2 minutes, now. on second angle, all three timeou

he did, batson, spot him three yards short. >> brady: it's crazy to me the transition that batson and jonathan giles have made as former quarterbacks. i would imagine they have good hands and a good feel for routes and timing and all that, but is something you don't get a lot of practice at a quarter back. around the sidelines they do a nice job of controlling their body. >> joe: his 51st completion of the night is a first down to giles. 51 completions. 2:26 to go. >> brady: they are still in a good position, too, with three timeouts. if they could get a score here, you would think they would try to d maybe they would try to kick and utilize a timeout and try to stop oklahoma. >> joe: rolling, room to run if he wants to. kapri doucet drives him out of bounds. and the crowd to seeing some extracurricular over there, but no flag with 2:04 left. >> brady: it look like it might've been close to a horse collar. >> joe: yeah. >> joe: and put his arm on his would have gotten ripped off there if it wasn't already ripped off. >> joe: inside of 2 minutes, now. on second angle, all three timeout

he did, batson, spot him three yards short. >> brady: it's crazy to me the transition that batson and jonathan giles have made as former quarterbacks. i would imagine they have good hands and a good feel for routes and timing and all that, but just in their body control, that around the sidelines they do a nice job of controlling their body. >> joe: his 51st completion of the night is a first down to giles. 51 completions. 2:26 to go. >> brady: they are still in a good position, too, with three timeouts. if they could get a score here, you would think they would try to do an onside kick. maybe they would try to utilize a timeout and try to stop oklahoma. >> joe: rolling, room to run if he wants to. kapri doucet drives him out of bounds. and the crowd to seeing some extracurricular over there, but no flag with 2:04 left. >> brady: it look like it might've been close to a horse collar. >> joe: yeah. >> joe: and put his arm on his nameplate again, look like it would have gotten ripped off ripped off. >> joe: inside of 2 minutes, now. on second angle, all three timeouts. mahomes elects to

he did, batson, spot him three yards short. >> brady: it's crazy to me the transition that batson and jonathan giles have made as former quarterbacks. i would imagine they have good hands and a good feel for routes and timing and all that, but just in their body control, that of practice at a quarter back. around the sidelines they do a nice job of controlling their body. >> joe: his 51st completion of the night is a first down to giles. 51 completions. 2:26 to go. >> brady: they are still in a good position, too, with three timeouts. if they could get a score here, you would think they would try to do an onside kick. maybe they would try to kick and utilize a timeout and try to stop oklahoma. >> joe: rolling, room to run if he wants to. kapri doucet drives him out of bounds. and the crowd to seeing some extracurricular over there, but no flag with 2:04 left. >> brady: it look like it might've been close to a horse collar. >> joe: yeah. >> joe: and put his arm on his would have gotten ripped off there if it wasn't already ripped off. >> joe: inside of 2 minutes, now. on second angle,

and i think batson is another helpful analogy. first of all, in batson itself, you wrote an opinion about race. and of course the question of gender came back several years later. there were three dissenters in that case. it didn't automatically follow from the first. and there is a different analysis that i suggest you conduct here as well. you ask about the tanner factors and the other factors the state has pointed out. things like the composition of ordinary juries look very different when you're talking about sex than race. justice ginsburg: is it so different? suppose somebody in the jury room, say it's an automobile accident, says, what do you expect of women drivers? women shouldn't be allowed to drive cars. every woman i know is a terrible driver. suppose that's what was said. mr. fisher: well, you would ask the same questions we're asking today, but you'd ask it through a different record and a different set of balancing. you might conclude -- and i'm not going to deny this -- the court might conclude, as it did in batson

he did, batson, spot him three yards short. >> brady: it's crazy to me the transition that batson and jonathan giles have made as former quarterbacks. i would imagine they have good hands and a good feel for routes and timing and all that, but just in their body control, that of practice at a quarter back. around the sidelines they do a nice job of controlling their body. >> joe: his 51st completion of the night is a first down to giles. 51 completions. 2:26 to go. >> brady: they are still in a good position, too, with three timeouts. if they could get a score here, you would think they would try to do an onside kick. maybe they would try t utilize a timeout and try to stop oklahoma. >> joe: rolling, room to run if he wants to. kapri doucet drives him out of bounds. and the crowd to seeing some extracurricular over there, but no flag with 2:04 left. >> brady: it look like it might've been close to a horse collar. >> joe: yeah. >> joe: and put his arm on his nameplate again, look like it ripped off. >> joe: inside of 2 minutes, now. on second angle, all three timeouts. mahomes elects t

batson was taken to the hospital.. where he later died. no charges are expected to be filed against the homeowner. now to a highway horror in california... at least 13 killed, dozens hurt.... after a bus smashed into the back of a semi on interstate ten in the desert. the bus was coming back from a casino at the time of the crash. survivors say they believe all the passengers were asleep at the moment of impact. officials say there are no signs eye-ten was shut down for hours... as crews worked to identify the victims and clean up the crash scene. you can look for what's new with this story tomorrow morning on eyewitness news. a scare on an american airlines flight from philadelphia to boston. flight 16-55 was delayed for several hours...after a man and woman walked on board and took their seats before the formal boarding process. american airlines officials said the couple was discovered during boarding. they determined the pair was on the correct flight, but the boarded, searched and another aircraft was used "out of caution." a major of

and i think batson is another helpful analogy. first of all, in batson itself you wrote an opinion about race and of course the question of gender came back several years later. there were three dissenters in that case, it didn't automatically follow from the first and there was a different analysis that i would suggest you would conduct here as well. you'd asked about the tanner factors and the other factors the state pointed out, things like the composition of ordinary juries look very different when you're talking about sex than race. things like -- >> is it so different? suppose somebody in the jury room -- say it's an automobile accident says "what do you expect women drivers? women shouldn't be allowed to drive cars. every woman i know is a terrible driver." suppose that is what was said. >> well, you would ask the same questions we're asking today but you'd ask it through a different record and set of balancing. you might conclude -- and i'm not going to deny this -- that you should extend to sex. but you might not conclude

meet 8th grader haiden batson. he was born with cerebral self-described nerd who loves comic books and superheroes. batman being his favorite. because he's a human with no real powers, just skills, money, and intelligence, and is sometimes better than those with super powers.as one of 15 students in the campaign, haiden is featured in a comic book style calendar and posters as a unified hero.he says his life isn't about being popular. it's about being yourself. haiden batson 07:40:46:22 "if you just seem i'm being popular, and you st are just trying to fit in and not being yourself and being who you are. you're being who they are for them, not for yourself. and that's not right, you shoulbe your own person. you shouldn't be apart of the crowd. crowd. 3 in case you are wondering, all of the selected unified heroes above average in life. they hope to continue this campaign in the future.in our next half hour, we'll introduce you to another hero who just a few years ago, hardly spoke a word of english.live in studio.

. >> in batson, he wrote an opinion about race. the question of gender came back several years later. it didn't automatically follow from the first. you would ask about the tanner factors and the other factors the state has pointed out, the composition of ordinary juries. it is very different when you're talking about sex than race. >> is it so different? say it is an automobile accident. what do you expect of women drivers? women shouldn't be allowed to drive cars. every woman i know is a terrible driver. what if that were saided? >> you would ask the same questions but through a different record and different set of balancing. you might conclude, as it did in batson, you should extend to sex. maybe now i can make my tiers of scrutiny point. remember sex discrimination is treated differently than race discrimination. it is not that one is or odious than the other or one doesn't violate the amendment. different tools must be available to root out different kinds of discrimination. that's the whole point. we do not leave any stones

i think batson is another helpful analogy. first of all, in batson itself, there was an opinion about race. of course the question of gender came back several years later. there were three dissenters in that case. it didn't automatically follow from the first. you asked about the tanner factors and the other factors, things like the composition of ordinary juries. very different when you're talking about sex than race. >> suppose that -- suppose somebody in the jury room, say it's an automobile accident, what do you and women drivers, women shouldn't be allowed to drive cars, every woman i know is a terrible driver. suppose that was said. >> well, you would ask the same questions you're asking today but through a different record and a different set of balancing. you might conclude, i'm not going to deny this, the court mate conclude as you did in batson that you should extend to sex. you might not conclude that. maybe now i can make my tears of scrutiny case. under a similar analogy, it's not that one is more odious than the

investigatorssay that jerry lee batson was wearing a mask and the homeowner and rushed to the hospital in greenville and later died. the homeowner is not expected to face charges. >>> a north carolina teacher will be in court in lenoir county, charged with an inappropriate sexual relationship with a former student. timothy bennett was arrested over the weekend. fine arts teacher. deputies are following up to see if there are other victims. >>> a bicyclist died after he was hit by a car. 36-year-old jason markley was struck by a car on nc 751 friday morning. troopers did not release further information on the driver or whether charges will be filed. markley was from pittsburgh and is survived by his wife and three children. a visitation is planned for tomorr is planned for wake memorial park in cary for wednesday. >>> two weeks until the november election, and the nominees are in a mad dash for your vote. >> the message that hillary clinton and donald trump have for voters. >>> both donald trump and hillary clinton plan to campaign in battle ground states today. reports, the pressure gr

i mean, in batson challenges we don't care if the person exercising a racial challenge is the prosecutor or the defense attorney. we say neither should use race in a negative way against a defendant. so why is it different here? why is it okay or not okay for the prosecutor to introduce the greater likelihood of a person being dangerous on the basis of race alone? not okay for the prosecutor, but it's less bad for the defense attorney to do it? mr. keller: yeah. to be clear, it's not okay. the issue, though, goes to the level of prejudice. and when defense counsel -- justice sotomayor: well, the level of prejudice is the reasonable possibility that if one juror, because texas uses one juror does not agree with death, death is not imposed, correct? mr. keller: correct. justice sotomayor: so if one -- is it a reasonable possibility that one juror, even the one who sent the note that says, is it possible to do parole, life without parole, could have been convinced to exercise mercy if race wasn't used -- can you answer that question "absolutely not"? when, in at least one of the saldano cas

if you look at the court's cases, whether it is the hamm or batson or anything else, the court will have ample tools and ample time to decide down the road whether other situations are the same or whether they're different. our submission here, though, is race is unique. race is a particular poison. and that the experience of the 20 jurisdictions that have this rule shows that implementing the rule we're asking will not create any significant problems with respect to state interests or administrators -- >> mr. fisher, it is not a fear of confronting issues down the road. it is a question of understanding the scope of the rule that you are asking us to adopt. and i'll give you one last chance. you will not tell us today whether your rule applies to discrimination on the basis of religion or gender or sexual orientation or to add another one, political affiliation. so if the jurors, if it came out the jurors said this person is a democratic, send them to jail, that would be a different result. you will not tell us whether the same -- whether the rule would apply in tse siions. >> i think i

i mean, in batson challenges, we don't care if the person exercising a racial challenge is the prosecutorthe defense attorney. we say neither should use race in a negative way against a defendant. so why is it different here? why is it okay or not okay for the prosecutor to introduce the greater likelihood of a person being dangerous on the basis of race alone? not okay for the prosecutor, but it's less bad for the defense attorney to do it? mr. keller: yeah. to be clear, it's not okay. the issue, though, goes to the level of prejudice. and when defense counsel -- justice sotomayor: well, the level of prejudice is the reasonable possibility that if one juror, because texas uses if one juror does not agree with death, death is not imposed, correct? mr. keller: correct. justice sotomayor: so if one -- is it a reasonable possibility that one juror, even the one who sent the note that says, is it possible to do parole, life without parole, could have been convinced to exercise mercy if race wasn't used -- can you answer that question "absolutely not"? when, in at least one of the saldano case