>> well, this court many the bob jones case where a similar kind of argument was

>> this court in the bob jones case where the similar kind of argument was being made by the plaintiff in that case, said, look, where it's inevitable that this is what this suit is about, they're sort of two sides of the same coin. that clearly is a primary purpose of the suit, and you can't by clever pleading get away from that. that's just the nature -- >> mr. long, aren't you trying to rewrite the statute in a way? the statute has two sections. one is that you have to have insurance section and the other is the sanction. the statute has two different sets of exceptions corresponding to those two different sections. you're trying to suggest that the statute says, well, it's your choice, either buy insurance or pay a fee. but that's not the way the statute reads. and congress, it must be supposed, you know, made a decision that that shouldn't be the way the statute reads, that it should instead be a regulatory command and a penalty attached to that command. >> well, i would not argue that this statute is a perfect model of clarity, but i do think the most reasonable way to read the e

the davis decision was rejected by the court in williams packing and a series of subsequent cases, bob jones, and so i would say effectively the davis case has been overruled by subsequent decisions of this court. >> mr. long, why don't we simply follow the statutory language. i know that you argue that the davis case has been overtaken by later cases, but the language of the anti-injunction act is no suit shall be maintained. it's remarkably similar to the language in -- that was at issue in reed. no civil action for infringement shall be instituted, and that formulation, no suit may be maintained, contrasts with the tax injunction act. it says a district court shall not enjoin. that tax injunction act is the same pattern as 2283, which says courts of the united states may not stay a proceeding in state court. so both of those formulas, the tia and the no injunction against proceedings in state court, are directed to court. the anti-injunction act says no suit shall be maintained and it's been argued that that is suter directed in contrast to court directed. >> right. this court has said se

i think the reason for that has been -- is clear now after williams packing and bob jones in that in order to find that the anti-injunction act doesn't apply to something that orwise would be a tax that triggers it. you have to conclude there's no substantial argument that could be made in defense of it as a tax. we don't have that argument here. i don't think you can get around the anti-injunction act if the court were to read it on that nearry. >> a basic question about your argument. if you're right about the second part, that is, for purposes of the statute, the anti-injunction statute, this penalty does not constitute a tax. then does the court need to decide whether it's -- whether the anti-injunction act in other cases where it does involve a tax is jurisdictional? >> no. i apologize for creating confusion. we think by far is better route is to understand the statute. from the perspective of the united states i'd like to take a minute that the idea that the anti-injunction act could be construed as not being a jurisdictional provision is very troubling. we don't think it's cor

>> well -- well, i mean, >> well -- well, i mean, this court in the bob jones case, where a similar kindof argument was being made by the plaintiff in that case, said, look, you know, where the -- where it's inevitable that this is what the suit is about, they're sort of two sides of the same coin, that clearly is a primary purpose of the suit. and it's -- and you can't by clever pleading get away from that. that's just the nature of the situation. >> but, mr. long, aren't you trying to rewrite the statute in a way? the statute has two sections. one is that you have to have insurance section and the other is the sanction. the statute has two different sets of exceptions corresponding to those two different sections. you are trying to suggest that the statute says, well, it's your choice. either buy insurance or pay a -- or pay a fee. but that's not the way the statute reads. and congress, it must be supposed, you know, made a decision that that shouldn't be the way the statute reads, that it should instead be a regulatory command and a penalty attached to that command. >> well, i would n

the packing repudiated that analysis, and bob jones against simon repudiated that analysis and said no, we are no longer abiding by that. it's true the case hasn't formally been overruled, but we do think that it's fundamentally inconsistent with the court's understanding. >> shareholders sued the corporation and the remedy corporations shouldn't pay the money for the tax authority but that isn't actually an injunction against the tax authority. they are not restraining the collection. they say to the taxpayer don't pay. >> in fairness the united states intervened in the case and was a party, and so not so far as i like i guess. let's do it again because that goes too far. that is restraining the tax and payment of the tax. estimate you don't want to let that go. >> because it's a jurisdictional as the court understands it isn't weevil and therefore we don't think that that part of the decision is wally. >> justice ginsberg suggested the language was very similar as it is here but even further similarities on the point about the provision in question wasn't in title xxviii and its poin

williams packing repudiated that analysis, and bob jones v. simon again repudiated that analysis and said, no, we're no longer abiding by that. it is true that the davis case has not formally been overruled, but we do think it's fundamentally inconsistent with the court's understanding now of - >> davis was the case where a shareholder sues the corporation. >> yes. >> and the remedy is that the corporation shouldn't pay the money to the tax authority. now, it's a little technical, but that isn't actually an injunction against the tax authority collecting. he's not -- they're not restraining the collection of tax. they're saying to the taxpayer, don't pay it. >> yes. and - >> i don't know how far that gets you. >> well, in fairness, justice breyer, the united states did intervene in the -- in the davis case and was a party, and so -- not as far as i'd like, i guess is the answer. >> don't do it again, because i think that goes too far. i don't think that's restraining the collection of a tax. it's restraining the payment of a tax. >> well - >>

politically involved and of course, it went into reshaping the entire culture >> host: talk about the bob jones case to galvanize. >> that was forming after the moral majority. the ira's decision preceded it. segregated schools and the irs said they have to have more in their charter. the burden of proof is on the institution not the irs. it was such a groundswell it was the straw that broke the camel's back. not just arguing about public policy but say do this and not bad. jones call jerry falwell the most dangerous person in america because he continued to hold two idea of the reformation was not part of the church. >> host: can do talk about the way the religious conservatives often talk about as the people who converted southern evangelicals when the political conversion to place in the mid-60s around civil rights many had already started voting republican. can you talk about the interaction and the evangelical movement? >> also he was a segregationist. he flipped on the idiot religious folks should be on politics. saying i was reading the bible wrong. you hoped he would read it more fairly

williams packing repudiated that analysis, and bob jones v. simon again repudiated that analysis and said, no, we're no longer abiding by that. it is true that the davis case has not formally been overruled, but we do think it's fundamentally inconsistent with the court's understanding now of - >> davis was the case where a shareholder sues the corporation. >> yes. >> and the remedy is that the corporation shouldn't pay the money to the tax authority. now, it's a little technical, but that isn't actually an injunction against the tax authority collecting. he's not -- they're not restraining the collection of tax. they're saying to the taxpayer, don't pay it. >> yes. and - >> i don't know how far that gets you. >> well, in fairness, justice breyer, the united states did intervene in the -- in the davis case and was a party, and so -- not as far as i'd like, i guess is the answer. >> don't do it again, because i think that goes too far. i don't think that's restraining the collection of a tax. it's restraining the payment of a tax. >> well - >>

, the court said in the bob jones case. if you look at the statute, it does not appear in any way to be a revenue raising -- >> so your answer is, no. >> no, it does not apply. in response to the second question, it would become no. you cannot just assumed it is a tax. you have to determine whether it is applicable by looking at the statute itself. you cannot just accepted on face value. even the new look at the statute itself, and i'm sure opposing counsel and flesh out a little more, the government said the anti injunction act does not in fact apply. >> then we will move on to the next one. the limiting control that seems to prevent congress from expanding its scope of authority under the commerce clause seems to turn on this question of activity and inactivity distinction. why do you think that is? >> i think there is not a single case, control in case this court can point to where congress has had the authority under its carmas cause to regulate inactivity. >> why is the purchase of extended coverage for health benefits

cathy lanier announced yesterday that an ongoing sting operation netted the arrests and bob jones universitiedsinesses. officers served 13 warrants on those shops saying they were selling electronic devices like phones along with other stolen items. >> we also found that these same businesses had no problem purchasing from strangers on the street items like baby formula and over-the-counter drugs and putting them on their shelves and selling them to the public. >> police recovered 100 cell phones, seven ipads, 11 other tablets and notebook computers and several other electric you can device like gps, cameras and playstations. they also found drugs like k2 spice and marijuana. marijuana. >>> today could clarify the race for the republican nomination. polls open for gop primaries in alabama and mississippi later on this morning. a win in the south would be the icing on the cake for frontrunner mitt romney who holds a large lead in the delegate count. romney has recently come up in the polls to those two southern states. his main rivals, rick santorum and newt gingrich, are polishing their attack

conceptual artist. [ laughter ] [cheers and applause] but if bob morris doesn't work out, there's always new hampshire representative kyle joneso is such a fiscal conservative, he's as frugal as a 20-year-old living with his parents -- because he is a 20-year-old living with his parents. but not just any parents-- kyle's mom laura jones is also a state representative which means they can carpool, although i believe kyle makes her drop him off a block from the statehouse. [ laughter ] embarrassing. jones has a firm grasp of the law. for instance, he supported the repeal of a law requiring that state workers get a guaranteed 30-minute lunch break by arguing, quote, "if i was to deny one of my employees a break, i would be in a very bad position with the company's human resources representative. if you consider that this is a very easy law to follow in that everyone already does it, then why do we need it?" exactly! you don't need the laws that everybody follows! that's why we don't need laws against cannibalism. [ laughter ] if i eat a co-worker, i know i'm going to hear from human resources. cathy will make me watch that boring

jones. [cheers and applause] chris collins, bob, and a special thank you to the thousands and thousands of volunteersountry. we have thousands of people making phone calls. thank you. we could not do it without all of you, so thank you, and we are going to wait for more returns and more good news. thank you. [cheers and applause] [crowd chanting, "mitt, mitt, mitt!"] i have something to say about some of the women we have been hearing from, and you know what women care about? this is what i love. women care about jobs. [cheers and applause] women care about the economy. they care about their children, and they care about the debt, and they are angry, and they are furious about the entitlement to debt we are leaving the children, and this is what we are hearing. this is our message. it is an economic message, and it is about the future, and we know a guy who knows how to fix all of that. i said, "mitt, i never want to do this again," but the reason we are here and the reason i am fighting so hard and we are out there is because i believe he is the only person who can turn around america. so let's let

jones. chris collins, sandy and paul, bob mcgin and ron.pecial thank you to the thousands and thousands of volunteers all across this country. 10 states tonight, we have thousands of people making phone calls. thank you, we could not do it without all of you. thank you. we'll wait for more returns and more good news. thank you. >> mitt, mitt, mitt, mitt, mitt, mitt, mitt, mitt, mitt, mitt. >> i have -- i have something to say about some of the women i'm hearing from. we've been all across this country. do you know what women care about? this is what i love. women care about jobs. [ applause ] >> women care about the economy, they care about their children and they care about the debt and they're angry and furious about the entitlement debt we're leaving our children. this is what we're hearing when we're out there. this is our message. it's an economic message, about the future for our children. that's what i'm hearing out there. from all of that, we know the guy who knows how to do and fix all that. i said, mitt, i'm never going to do this

jones doing his sway. you know who imitated him is axle rose. he does this bob back and forth. >> san francisco giants getting started on their starting lineup. we'll have the latest on spring training from scottsdale, next. >> plus, of all of the places to be mentioned a man in sunnyvale wasn't expecting the oscars. what he did that earned him a shout out in hollywood's biggest award ceremony. >> we'll give livermore a shout out. good drive for 580 here, things are drying out from the overnight. and we're looking at a smooth drive. we have accidents and the wires down to tell you about coming up. >> welcome back everyone. we give you a live look outside as that's the embarcadero in san francisco right now. yes, calm out there. cool out there. you might want to check your weather forecast with christina loren coming up. it's 4:54. >> first, a little baseball. we're about a month away from opening day. the giants letting us know who will be on the mound for the start of the season. the latest from scottsdale. >> reporter: it shouldn't come as a huge surprise that

velazquez's new lawyers celia gordon and bob gottlieb have been conducting their own investigation into the case. >> we located philip jonesavit where he recanted all of his testimony. raising serious doubt about who actually committed the murder. >> you know philip jones? we wanted to confirm his story, so we went looking for him. i'm looking for philip jones? >> no. >> eventually we found him outside his homes in queen, new york. he asked us to come inside where we read his affidavit back to him. on 2-2-98 i did a lineup where i picked out the shooter. he said that police pressured him to make an identification. >> i told the police this was the guy and i felt sure this was not the truth. i thought they were going to arrest me and my brother robert. jones was in jail. but the d.a.'s office promised it would send a letter to the parole board saying he cooperated as a witness. today philip jones said he always knew that velazquez was the wrong man. >> i knew i had picked out the wrong guy. and the guy on trial i had never seen before. >> there you go. there you go. >> so that's all true? >> that's all true. >> according to

dow jones finishes down 78 points. 13,046. s&p down 10.09. let's go to bob pisani. we got disappointing europe's manufacturing numbers. early this morning with the euro dropping rather dramatically, our futures dropped and we never recovered. it's pretty simple. what side of the global growth story are you on? today the glass is half empty. transportation index, the worst day that we've seen in the year so far you can see all of the concerns on slower global growth. and finally a big ipo. put up the exact target. priced at $19, opened at 23. look, closed right at the highs today. $25 and change. the other one is vanta. that price at $19. excuse me. 17. start trading at $19 and change. look at that. never really looked back. two big ipos. two of them closed on very strong terms. maria, back to you. >> bob, thank you so much. let's take a look at the other business headlines we're covering. president obama is pushing federal agencies to speed up a 485 mile pipeline. trans canada says it hopes to complete that $3.2 billion pipeline next year. the president is on a four

bob, thank you. we're in the final stretch of trading for the day. the dow jones industrial average is higher by about 99 points with just about 40 minutes to go before the closing bell sounds. >> hedge fund machiner bill ackman says home prices look very cheap. how can you cash in on housing. the "talking numbers" trade is next. >>> meanwhile, less than 40 minutes to go in the trading day. coach shares continue to soar, making it one of the biggest performers. best performers in the s&p 500. we'll catch up with chairman and ceo lou frankfurt coming up at 4 clon 10 p.m. eastern. >> here's how each member of the dow is trading right now. you'll see most are in positive territory. only three negative. intel, exxon and mcdonald's the only three in the red. >>> prices continue to move higher this afternoon on optimism we'll get good news about the greek debt swap deal. we saw a spike in the euro as the deadline was approaching for participants to agree to that deal. and that in part has helped extend some of the gains here this afternoon in the oil and products. nat g

bob? >> on the day we started weak, dow down 85 points, look at the dow jones industrial average, again, the middle of the day, yes, this was the big drop right here but this was well before apple and seema will give you more on apple but you notice this happened almost every day this year. do you know the dow jones industrial average has not had a trim-digit down day all year, not since december 28th the dow down 100 points. put up the dow leaders. it wasn't the big names that you necessarily see with the exception of ibm. ibm, another move to the upside there exxon mobile, travels, verizon, defensive names move the market forward. the question now is the fundamental story wit market has risen this year still intact? is the fundamental story still intact? show you the three main points, four maybe. china, of course, issue there cutting the growth targets what is going on today, most of the time today, a tight shot on this make sure everybody see it is carefully, china cutting the 2012 growth target, euro zone pmi weaker. ism services here in the united states still strong but costs were an

bob: i cannot imagine. sending something to the pope either. >> dana: we can't imagine it either. one more thing is up next. ♪ ♪ ♪ ♪ >> andrea:dayy joneshe had four daughters, married and died of a heart attack. i loved the monkeys when i was a kid. it had a toy car replica of the monkey mobile. fantastic. i love their music. they were the inspiration for the beatles. i'm not afraid to say that. i had two older sisters that were big beatles, monkeys fa fans. >> dana: all right. it had an interesting chat today with microsoft founder bill gates because he is in washington, d.c. today, talking about foreign aid and the importance of continuing that. as an investment strategy. they launched a new challenge today. global challenge. wind it on twitter. to tell good stories about foreign aid. you can win $100,000 if your idea is chosen and up to $1 million if it's chosen. i -- implemented. if you have an idea d. >> greg: i have an idea. about unicorns. >> eric: a couple of big things happen today. the dow closed under 13,000. apple stock is now half a trillion company. keep your eye on that. >> dana: bigger than the gdp on poland. >> eric: b

for the week, the dow jones industrial average, well, all the major indexes ended in positive territory, up 2.3% for the dow. maria, back to you. >> bobthe business headlines tonight, goldman sachs says it is reviewing internal policies for bankers involved in deals. goldman collected a fee for advising el paso in a $1 billion buyout from kinder morgan. they did not disclose one of the lead bankers on the team owned kinden morgan stock. today's news follows an embarrassing op-ed piece by greg smith who questioned goldman's honesty with clients. >>> the number of natural gas rigs have fallen to a ten-year low this week. nat gas rigs dropped for a tenth consecutive week as producers cut back on gas related drilling operations. a glut in natural gas supplies have sent nat gas prices to a decade low. >>> all this week, we've been looking at technology names with healthy cash stockpiles on their balance sheet. we focus on verizon. let's take a look at the numbers. total assets at verizon, $1.8 billion, with $1.3 billion in cash and short-term investments. the earnings soared in the fourth quarter. does a strong cash position make for buyin

jones. kris collins, sandy and paul, bob mcginn and ron kauffman and a special thank you to the thousands and across this country. 10 states tonight. we have thousands of people making phone calls. thank you. we could not do it without all of you, thank you. we're going to wait for more returns and more good news. thank you. [cheers and applause] [crowd chanting "mitt"] >> now, i have something to say about some of the women that i'm hearing, from and we've been all across this country. and do you know what women care about? and this is what i love. women care about jobs. [cheers and applause] women care about the economy, they care about their children, and they care about the debt and they're angry and they're furious about the entitlement debt that we're leaving our children. so this is what we're hearing when we're out there. this is our message. it's an economic message. it's about the future for our children, and that's what i'm hearing out there. so from all of that, we know the guy that knows how to do and fix all of that. i said, mitt, i'm never going to do this again, but here we ar

father bob brooks was an intense guy making the pitch to holy cross and contemplate, difficult even to think of in 1968. >> it will be interesting. you had several options as well. you talk to ed jones it was the only school that both let him in and gave him money and eddie was mulling over several choices. >> i go down south -- you know what this is? [talking over each other] >> this is p g rated tv here. stop that. >> her husband was one of the finest at holy cross history -- he is a great man. glad to have you here. if any of you have relatives you would like to do like the executive program at harvard business school, but i thought i was really good, really fast coming from new york. all-america and so forth and so on. we all lineup. the players who win this race would get scholarships. we line up and we are running around the first thirty or forty killing everybody. and our end up finishing last. who were those last four people? those are people in the band. i don't know if you saw that but it was that fast. i didn't get a chance but thank god they didn't have the fast man at holy books. anyone else? i have done my job. i have got to go because this new job i was just appointed

jones. chris collins, sandy and paul, bob mcgin and ron. thank you to the thousands and thousands of volunteers all across this country. 10 states tonight, we have thousands of people making phone calls. thank you, we could not do it without all of you. thank you. we'll wait for more returns and more good news. thank you. >> mitt, mitt, mitt, mitt, mitt, mitt, mitt, mitt, mitt, mitt. >> i have -- i have something to say about some of the women i'm hearing from. we've been all across this country. do you know what women care about? this is what i love. women care about jobs. [ applause ] >> women care about the economy, they care about their children and they care about the debt and they're angry and furious about the entitlement debt we're leaving our children. this is what we're hearing when we're out there. this is our message. it's an economic message, about the future for our children. that's what i'm hearing out there. from all of that, we know the guy who knows how to do and fix all that. i said, mitt, i'm never going to do this again

jones' bill, virginia, floyd. caller: rick santorum is a godly man. we elected a godly man in virginia, bob mcdonnell. the unemployment rate is 5.4%. if we push a godly man in there, god will take care of everything else. oes, i seeromney ghost i see obama, because he has done exactly the same thing as obama. host: coming next, we will turn our attention to competitive senate races. we will be right bap. -- back. >> i hope that as we move forward in this world there are darfur, problems inshao resolv n china, iran. we have a lot of problems and diplomatic solutions will have to be the answer in the future as we start to deal with the problems coming. >> congressman donald payne, who passed away this week, was the first african-american to serve in the u.s. house from new jersey. elected in 1988, he was a former head of the black congressional caucus and served on house committees on education and foreign affairs. to his speeches from the house floor and other c-span appearances archived and searchable online at the c-span video library. congratulations to all this year's winners of c-span's studentcam