. >>> supr>>> eme suprcoureme t jucou stephen breyer is here to did you say his new book. you're watching "the early show" on cbs. alka-seltzer plus liquis fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth! have asked yours truly to teach you about treating frequent heartburn. 'cause i know a thing or two about eatin'. if you're one of those folks who gets heartburn and then treats day after day... well that's like checking on your burgers after they're burnt! [ male announcer ] treat your frequent heartburn by blocking the acid with prilosec otc. and don't get heartburn in the first place! [ male announcer ] one pill a day. 24 hours. zero heartburn. block the acid with prilosec otc, and don't get heartburn in the first place. available at walmart. - this is for cindy. i wanted to get her something special this year. - you went to kay. she'll love it. trust me. i know. - more milk? - thanks, dave, but i got to fly. - gift-giving experts agree on kay. save 20% on select diamond fashion jewelry. one more reas

>> justice breyer, first of all, this is the exact argument presented to the court.if you go back to 1983, the beeper technology in that case seemed extraordinary advanced, and there was a potential for it to be used -- >> that's true, and they do have a limit. in this case, they said knots involved a single journey, but this involves every journey for a month, so they say whatever the line is that's going to protect us, it's short of every journey in a month. i'm not asking -- i'm saying i accept your point there, and what do you say is the limit? >> i first want to address the suggestion that you could draw a line somewhere between a month and a trip and have a workable standard for police officers to use. police officers use a variety of investigative techniques which in the aggregate perform information like pink, financial records, conduct surveillance, and under a principle of law saying one trip is okay, but 30 trips is not, there's no guidance for law enforcement -- >> there's the same kind of guidance you have any case of that court that uses the technique t

it's not politics. >> no, it's not. >> justice breyer, we thank you very much for coming in.egment coming up that you may be interested in as well. you went to stanford. unfortunately, andrew luck did not win the heisman but the man who did win the heisman irks rub it in. >> not only did he win the heisman, he thought about law school. >> that's exactly what i was going to say. i just met him. >> robert griffin, iii, we will talk to him about the heisman and recent supreme court decisions. no. he's coming up. ♪ [ doorbell rings ] ♪ [ female announcer ] just for these hectic holidays, mcdonald's introduces a cup of holiday cheer. ♪ it's mccafe's new peppermint mocha and peppermint hot chocolate. holiday cheer with chocolate on top. ♪ the simple joy of unwinding. ♪ oh how i wish i could resist jiggling this holiday. oh joy oh natural joy! truvia®, box of bliss, zero calorie sweetness from a leaf, my sugar plum happiness. truvia®. honestly sweet. sears real big gift sale is on now. save 50-60% off clothing for everyone on your list. and incredibly low prices on fleece activewear

you can take christmas trees to the drop of center and breyer on bucket to collect mulch from the recycled trees. gift boxes, card and wrapping paper can be recycled. you can set your trees out for normal pick up but you must remove all ornaments and tinsel. besides convenience, one reason why people like to swap -- shop online is for the deals. finding those deals is not always easy. one company has found a different way to offer deals. >> while we still love to go from store to store, more and more shoppers are going website to website. whether it is real or over a computer screen, everyone wants a bargain. >> i don't think most consumers realize that there is always a way to get a deal. >> daniel pegg wants to make a deal making a one click affair. pick your website and his computer application deals will do the rest. >> if you go to target.com, our window will drop down showing you the coupons and deals for that site. you don't have to search on line. you just have to shop and we will get a coupon. >> instead of searching multiple web sites, you simply cli on the upper right hand butto

at are making they're not making as much as it actually supply really nice and dandy but i think breyer actually defending this thing i think for example look at the early ninety's look at welfare reform and then honestly say honestly look at him go does it matter to the extent that we expand you know what happened with that welfare reform is a bill clinton pulled out a safety net when people didn't need it so nobody noticed now it's gone and people are following this road and we've got a break i'll allow you to go after after this break in the room stick around. drives the world the fear mongering used by politicians who makes decisions to break through that sort of b.p. had made who can you trust no one who is you know view with the global machinery see where we had a state controlled capitalism is called sasha's when nobody dares to ask we do our t. question more. for. the back of this week's friday rubble i'm joined by vince columnists roger hickey and brian darling let's get back to it three people are dead in texas as a result of what happens we're talking about the social safety

>> justice breyer, i think that's a perfectly appropriate way to come at this case, although it skips over the initial inquiry which is into whether or not the application of the regulation to the particular employment relationship results in an unwarranted interference. >> it has the virtue of deciding a statutory question before a tough constitutional question, and i agree with what we sometimes do, that that seems bizarre, but i thought that was the basic rule. >> i think that's absolutely right, and the next question is with respect to adjudicating a particular case and whether deciding the case requires the court to decide disputed matters of religious doctrine or second guess -- >> if the plaintiff perceived it that way, would she be entitled -- i assume she would -- introduce testimony by experts of lutheran, theologians of religion about this tenant, and they might say, well, it's not that strong, and it once was, but it's faded, and it's not widely enforced, and then you have experts on the other side, you you'd have a court an a lay jury deciding how important this really is

i look 55 next august -- but we have bill bryson coming, justice stephen breyer, justice john paul stevens and diane keaton, so we really, she does give some great stuff and i have to thanked thank jackie for that. [applause] tonight, we are honored to have.or deepak chopra who is the author of more than 60 books including numerous "new york times" bestsellers and among his many distinctions he is a fellow of the american college of physicians. "time" magazine named him one of the 100 heroes and icons of our century. pretty impressive. dr. leonard mlodinow is also not going to be a pushover. he will soon be teaching at caltech. he is a renowned physicist, author of several books including the drunkard's walk, how randomness rules our lives, very interesting subject which is on "the new york times" bestseller list. he is also a writing collaborated with stephen hawkins. the moderator tonight is timothy shriver. we are very lucky to have him tonight. he is the chairman and ceo of the special olympics. he is a social leader, educator, activist, filmmaker and entrepreneur and i found out tonig

bar him coming into haiti is, is that the correct posture of the case because that's true, justice breyer. >> all we have to decide is whether under these circumstances the state attorneys knowledge of all those facts mean that the state cannot assert that this is adequate state ground. >> right, and i think the states actions -- >> do we know that he knew all of those i've? >> no. >> of course we don't know that. >> we know that what action it took, and the action was an action that is something he didn't have many full council, or else it would've been unethical. >> let me ask you, if i made. i don't know if, i don't think the brief is covered. it may be edited to note in alabama and/or nationwide, and how many capital cases there is no appeal? >> i don't know that, justice kennedy. i think the alabama system you created a system in which it would allow for appeals, not only indirect appeals, but postconviction proceedings. the extraordinary, there are several excellent new features of the alabama system, and we think that ultimately they helped to facilitate extraordinaire and shocking

five next authors who are coming to light, six but we have bill bryson, jeffrey, justice stephen breyerjustice john paul stevens and dalia mckeithen so she does get some great stuff and i have to thank jack kiefer that. [applause] to let we are honored to have dr. deepak chopra who is the author of more than 60 books including numerous "new york times" bestsellers and among his many distinctions he'sfe

instead go from the breyer's smooth and dreamy triple chocolate chip ice cream.you're saving over 200 calories. >> when we leave you here, do you start eating all the bad stuff? >> with the crew. if the anchors don't go for it first. >> david, thanks a lot. >>> up next, what were you watching in 2011? we'll reveal the top youtube videos of the year right after this. >>> we're back now at 7:51 with the most watched youtube videos of 2011. there are a list of the top ten. number nine is one you probably web, the volkswagen commercial with the force. it had over 45 million views. >> little kids did that everywhere for weeks. >> it never worked for my kids, though. they could never get the car started. >> there's born this way, number eight. we want to keep going and look at the jack sparrow one. >> this involved michael bolton. >> viewed more than 60 million times. take a look. >> he goes off into the captain sparrow thing. it's hi lir u.larious. >> that had 60 million. this is the ultimate dog where basically this is seen more than 74 million times. the dog actuall

she clerked for supreme court justice breyer. the a.b.a. standing committee on the judiciary unanimously rated miss halligan well qualified to serve on the d.c. circuit. miss halligan has the support from across the political spectrum, including miguel estrada, carter phillips and officials in democratic and republican administrations. 23 former u.s. supreme court clerks, the national district attorney's association, the national conference of women's bar associations, and the united states women's chamber of commerce are supporting her nomination. new york city police commissioner ray kelly has said that miss halligan has three qualities important for a nominee: intelligence, judicial temperament and personal integrity. unfortunately, it appears that some of my colleagues are determined to criticize caitlin halligan regardless of the facts. one of the criticisms of miss halligan are positions she advocated for while serving as solicitor general. she filed briefs at the direction of new york's attorney general and argued on behalf of the st

justice breyer sees good reasons for television but counsels caution because there's good reasons against it. justice stevens recognized potential benefits but ultimately is against it because it could negatively affect the arguments and the believer of the justices and lawyers. finally, a would just like to say that i'd like to echo the sentiments that the court is in the best position to assess the impact of lock tronnic media on its proceedings and can be trust of ed to give the issuing careful consideration. as justice kennedy explained, it's the justices, not congress, who have intimate knowledge of the dynamics and needs of the court. when the shoe is on the other foot, the supreme court refused to second guess the senate's procedures. a federal judge impeached came to the court and challenged those procedures, and the supreme court said that the senate had authority to determine for itself what procedures would govern, and the same should be true here. the matter has not been finally decided. the court, as one of the witnesses explained, has actually altered its policies in cases o

i think justice breyer said in the san francisco study it appears only once. >> i think that is a very hazardous bang for the course to do. the course look back individual offenders. >> we don't have 2020. we have how many years? fifteen years. present and planned a reasonable suspicion standard. the most you can muster under that standard is one example of a case where someone has entered at some point empirical evidence has to mean something in terms of us judging the question of reasonableness. >> i agree with you, but the individuals were doing the search is at issue have very limited information about people. this is when you have people coming into the system for the first time, have had the most contact with the outside world, the least amount of affirmation. >> i have a question about that today face your judgments on your own personal experiences. when i was a prosecutor but it took sometimes days to get a rap sheet. at a stand that is no longer the case today. they're virtually almost always accessible by computers today. >> that may be true, but it is not the information tha

instead go from the breyer's smooth and dreamy triple chocolate chip ice cream.> when we leave you here, do you start eating all the bad stuff? >> with the crew. if the anchors don't go for it first. >> david, thanks a lot. >>> up next, what were you watching in 2011? we'll reveal the top youtube videos of the year right after this. >>> we're back now at 7:51 with the most watched youtube videos of 2011. there are a list of the top ten. number nine is one you probably web, the volkswagen commercial with the force. it had over 45 million views. >> little kids did that everywhere for weeks. >> it never worked for my kids, though. they could never get the car started. >> there's born this way, number eight. we want to keep going and look at the jack sparrow one. >> this involved michael bolton. >> viewed more than 60 million times. take a look. >> he goes off into the captain sparrow thing. it's hi lir u.larious. >> that had 60 million. this is the ultimate dog where basically this is seen more than 74 million times. the dog actually talks because he's upset. >> the

justice breyer, he sees good reasons for television but he counsels caution because there are also goodst position to assess the impact of electronic media on its proceedings and it can be trusted to continue to give the issues careful consideration. as justice kennedy has explained it is the justices, not congress, who have intimate knowledge of the dynamics and the needs of the court and when the shoe is on the other foot, the supreme court refused to second-guess the senate's procedures for conducting impeachment trials, federal judge who was being impeached came to the court and challenge those procedures and the supreme court said that the senate had authority to determine for itself what procedures would govern and the same should be true here. the matter hasn't been finally decided. the court has one of the witnesses explained, has actually altered its policies and cases of high public interest as it did in bush v. gore and it now has request pending before it and there is health care cases, ample time to consider those. so in summary i would just urge the subcommittee to stay it