two people dead in this tragic fire at the breyer's apartment complex. two people with minor smoke inhalation. reporting live, bob redell, "today in the bay." >> now to decision 2012. president obama is resting in san francisco this morning following a day of fundraising in the east bay. christie smith is live at sfo where air force one will take off in a few hours. >> reporter: good morning. it was certainly a busy trip to the bay area for president obama. three fund-raisers in hours in the east bay along the way he heard tears and jeers from the crowd. we're waiting for his departure from sfo after one last night here that ended at the fox theater in oakland where crowds rallied. some upset with a recent move to shut down medical marijuana dispensar dispensaries. there were also anti-war demonstrators. inside a packed house. about 2,000 people who paid from $100 to $7500 just to see the president. some chanted four more years over and orver while mr. obama talked about moving the country forward. >> we are a young nation, and we've got the greatest div

colleagues would i think you would say is on the other side of the judicial divide justice steven breyer on the show and he said it is impossible to apply the law as it was written. take a look. >> the founders didn't know that commerce included airplanes. they they didn't know about the internet or even television. the difficult job in open cases where there is no clear answer is to take those values in this document which all americans hold which do not change and to apply them to a world that is ever changing. >> chris: is justice breyer wrong? >> yes. that is a common and totally erroneous description of what originalism means. what originalism means is that you give the constitution the meaning that it had with respect to those phenomena that were in existences at the time. say the death penalty. >> chris: but there are a lot that weren't. >> and for those, of course, you have to decide what the meaning ought to be. but the criterion for deciding what the meaning today ought to be is what was the understood meaning as applied to criteria at the time. for example in the death penalty

justice breyer in a case which was the third of the trilogy which is basically the supreme court weighing in on the admissibility of scientific evidence or expert evidence more generally, justice breyer referred to making sure that the science works for the task at hand. this notion of the task at hand i think ought not to be forgotten. the neuroscience might work for certain tasks very well and for other tasks not so well. so i think we have to evaluate it on a case-by-case basis. i very much agree with anita's point that a lot of the neuroscience right now works quite well at the group level and has not yet been shown to work particularly well at the individual level, but having said that, i think that there is, again, a legal necessity issue that is presented. if you go back to graham versus florida it is true that justice kennedy and the supreme court, the majority of the court said that you cannot impose life without parole for a non manslaughter offense for an add less is sent and therefore, he drew the line's did in roeper versus simmons at saying that at less sent are simply diffe

we believe this project will be a great benefit to san francisco, and that after breyer and a half of being closed, time to get the door open again. this will create jobs in support of local musicians and provided sentences go with an outdoor entertainment space. we ask the liquor license before word for full consideration of the end of the hearing, because further delay would be really expensive and a further setback. i could say the one last sentence. we plan on continuing dialogue with the community, and we would be happy to hold another forum for public input, if that is what is desired. thank you, and i look forward to hearing everyone's comments. professosupervisor kim: thank y. i understand the story with respect to the landlord. the previous record license that we had approved here on six straight, it just so you have a little bit of relevance, the owner of that site started are reachinoutreaching to our officx months ago, going to community meetings, meeting with the community, coming into my office almost -- this is extreme, on a weekly basis. contacting our office on a week

. >> with bill clinton put on stephen breyer and ruth bader ginsburg. chris: why do republicans lean hard right on their picks? >> roe v. wade. that really made a difference. chris: they want to get rid of it. >> and also the obama health care. republicans have sort of played their game in the courts in a way that liberals never -- chris: and even if they lose the nomination fight they still win because they have a judge bork that they can keep talking about, robert bork, they're still talking about how he was -- >> the lower courts as well. much more of a strategy. >> they have figured -- changed things. they have dominate lt the lower courts. >> the rhetoric of we will not leth from the bench, we doesn't want unelected elites in robes telling us what to do all that plays to the republican grassroots very strongly. chris: they don't like the court. they don't like it. when we come back scoops and predictions from the notebooks when we come back scoops and predictions from the notebooks of these top reporters. to deposit checks at the nearest citibank b

. >> it looks like the white house but that is green breyer resort in bishop green briar resort.lson is plus 2. a great shot on the par 4 seventh. he is tied for second place. one shot behind the champ webw simpson. i'm rick kwan. have a great day. >> coming up, anti-arizona immigration bill, the new proposal to protect most of the people that are here illegally. and president obama signs a bill that could ♪ ♪ we were skipping stones ♪ and letting go ♪ over the river and down the road ♪ [ female announcer ] at nature valley, we know nature comes together in amazing ways. that's why we bring together natural ingredients, like dark chocolate with toasted oats, or sweet golden honey. perfect combinations of nature's delicious ingredients, from nature valley. ♪ ♪ i was thinking that i hope this never ends ♪ [ female announcer ] nature valley granola bars, nature at its most delicious. >>> topping our news, the state senate has passed an immigration bill intended to shield undocumented from status checks by police. tomas ramon reports the bill must clear by the state assembly. >> they

it still bugs justice breyer that you cannot walk up the steps and go up the front door. >> it does let you use the metaphor "closing the courthouse door." it is an imperfect metaphor. if you look at the court building now, they have to do repairman -- repair on the front from the earthquake. a lot of the front of the courthouse is now covered with these sheets. they said they are putting up a scrum that will resemble the front of the courthouse, so you can see a pretend supreme court while they fix the real one. >> the modernization that you asked about is completely done. the new work is a different project. closing the courthouse doors was declared by them, by the justices. it did not have anything to do with modernization. >> let us spend a few minutes on next term, before i open the floor to some questions. almost lost in last week's news was the third petition fired by paul clement asking them to book of the defense of marriage act case. he is representing the house of representatives. we are likely to see important voting rights act cases from the sea, and affirmat

you own that and breyers? there's something from everybody.hey're also big on the whole sustainability thing. >> sustainability is fine, give them $1 million to occupy wall street. why did -- i was thinking that as a shareholder if ben & jerry's was still public i would be outraged they were delving into this because of some people that would not buy ben & jerry's. you're the owner, does that broth bother you that's in their corporate charter? >> we have something called the unilever sustainable living plan. we want to make sure every brand stands for its own mission and philosophy, so the way that ben & jerry's does that in terms of linked prosperity, lipton does that in terms of drink positive and total sustainable agriculture in terms of tea so every brand takes their own positions. >> i'm hearing it was a vermont company started by a couple of complete socialists, got that image anyway and what are you going to do. you got breyer's for people who don't want ben & jerry's. >> when i look at that table i see my cupboard. there's almost nothi

it's still bugs justice prior -- it still bugs justice breyer that you cannot walk up the steps and go up the front door. >> it does let you use the metaphor "closing the courthouse door." it is an imperfect metaphor. if you look at the court building now, they have to do repairman -- repair on the front from the earthquake. a lot of the front of the courthouse is now covered with these sheets. they said they are putting up a scrum that will resemble the front of the courthouse, so you can see a pretend supreme court while they fix the real one. >> the modernization that you asked about is completely done. the new work is a different project. closing the courthouse doors was declared by them, by the justices. it did not have anything to do with modernization. >> let us spend a few minutes on next term, before i open the floor to some questions. almost lost in last week's news was the third petition fired by paul clement asking them to book of the defense of marriage act case. he is representing the house of representatives. we are likely to see important voting rights act cases from th

o'leary's way, he was two times as funny as justice breyer and 19 times as ruth bader ginsburg. it is possible that he is infinitely funny. but he is always funny no matter what he says. he could be the patch adams of the supreme court. we are not sure. thank you very much. >> let's talk further about your book. justice scalia goes on to say that this court is already rewriting the constitution. did he argue brenner books obsolete? >> no, he probably did. pretty hilariously, there is a gentleman who has a great name that i could not possibly make up. it is almost cartoonish. he is a fascinating character. even in some of his decisions, he has rewritten the constitution. we could talk about this and the second amendment. he actually did the work of rewriting what it meant, using the language and flipping it around. he is not alone in doing that, either. he did it essentially talk about the serious version in my book. he was another colorful character. he had the delusions of the grand jury that i have had as well. he spent the last three decades of his life writing like 72 drafts

breyer who is 74. that's four of the nine. and so these are people automobile have great longevity.s that enable them to, frankly, to be healthy and productive longer in life. stevens just retired at 90. blackman retired at 85. so it's very hard to apply the measure for most people to members of this court. they clearly do not like to give up this job. but if you look at the ones in the '70s, romney could change dramatically the trajectory of this court just for those four alone. >> jonathan turley gets tonight's last word. thanks, jonathan. >> thanks, lawrence. >> "hardball" is up next. >>> tax bracketology. let's play "hardball." >>> good evening. i'm michael smerconish in for chris matthews. leading off tonight, give me shelter. if you're barack obama and you've just seen another weak jobs report, what do you do? you change the subject. the president and his allies are hitting mitt romney on two fronts. today, mr. obama called for extending the bush tax cuts for people making less than $250,000 and his campaign has been blasting romney's offshore accounts suggesting they are tax

and you have scalia who is 76, you have kennedy who is 75 and breyer who is 74.s that enable themo

breyer who is 74. that's four of the nine. and so these are people automobile have great longevity.s that enable them to, frankly, to be healthy and productive longer in life. stevens just retired at 90. blackman retired at 85. so it's very hard to apply the measure for most people to members of this court.

and you have scalia who is 76, you have kennedy who is 75 and breyer who is 74.s that enable them to be healthy and productive longer in life. stephens just retired at 90. blackman retired at 85. it's hard to apply the measure for most people to members of this court. they clearly do not like to give up this job. if you look at the the '70s, romney could change dramatically the trajectory of this court just for those four alone. >> jonathan turley gets tonight's last word. thanks, jonathan. >> thanks, lawrence. >> "the ed show" is up next. >> good evening americans and welcome to "the ed show" from new york. the day after mitt romney hangs out with a koch brother, president obama goes on offense for the middle class. this is "the ed show." let's get to work. >> we should all agree to extend the tax cuts for the middle class. let's agree to do what we agree on. right? >> the president puts republicans in the corner again. >> the republicans say they don't want to raise taxes on the middle class, i don't want to raise taxes on the middle class. >> will republicans

seven justices, including justice kagan and justice breyer have said the other center piece of obama care, the forced medicare restructuring that imposed tremendous burden on my 26 states isn't constitutional. that is a stunning victory. the fact that the mandate still stands is unfortunate. it does not detract. >> brown: professor tribe, come back in here but try to move it ahead here about the larger implications of this. there are some analysis after this that is the conservative scholars like yourself, mr. rivkin, lost the ed battle but won a larger constitutional war in terms of limiting the federal government in the future on other issues. what do you think of that argument, professor tribe? >> well, i think the court by a vote of 5-4 reaffirmed the existing limits on the commerce power. they didn't really impose any new limits. they simply said that there has never been a prior exulings to purchase a commercial product. they were going to draw the line there. i don't think we're going to see lots of attempts by congress to regulate that way. because of the breadth of the taxin