he said your stephen breyer, right. and he didn't want to embarrass fell and he suggested i'm stephen breyer. fife nhs for had for a while and the guy, the guy said justice breyer, what's the best thing about being on the supreme court. he thought forum and any so i have to say it's the privilege of serving with david souter. [laughter] how can you not love a guy like that? i'm taking nominations for my favorite justice after that. so let's talk about the current supreme court by the numbers for starters. they are or men and three women, first time in history there's three women on the court. [applause] there are six catholics, three jews, no applause? no protestant for the first time, first time in history. but our representatives of four new york city boroughs on the supreme court. there is justice sotomayor from the bronx, justice scalia from queens, justice ginsburg from brooklyn, and justin kagan from manhattan. tragically staten island is unrepresented on the supreme court. but you never know when to might be vaca

we ship 15 of those breyer library and a box. 25,000 added time iraq, afghanistan and arrangement with the c-span we get books from schools and libraries. we have the largest volunteer base in the world which means we can ship inexpensive labor go there are wonderful organizations they start at $16,000. we bring them in and sort them out and send them off. >> host: to the american troops? and other countries? >> 40 countries. most traffic an english-speaking but uzbekistan, kazakhstan and those from the south american philippines. everybody wants to learn english. we send a lot of stuff. we sent very basic kids reading books to cambodia. the u.s. military is teaching how to speak english. they will show the updated see spot run. all over the world people want to learn english. >> host: what is your web si

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

>> justice breyer, we have said very carefully we were not trying to change the court's disposition of the issue in grutter, could there be a legitimate, a compelling interest in moving -- in using race to establish a diverse class. what -- the problem that we've encountered throughout the case is there are varying understandings, not of the legitimacy of the interest, but how you get there; is it necessary to use race to achieve that interest; what does a critical mass >> so your question is whether -- your point is, does your case satisfy grutter? is that what you're arguing? >> we litigated it on that basis, yes. >> well, how do you want to argue it right now in the next ten minutes? i'm interested because i have a very short time to get my question out, and i need to know how you are going to argue it. >> well, justice breyer, our argument is we can satisfy grutter if it's properly read. what we've seen -- >> may i ask you on that specifically, let's take away the 10 percent solution. suppose the only plan were the one that is before the court now, no 10 percent. this is the exclus

what we have said comes right back to justice breyer. it requires you to do a, b, c. there could be enormous confusion and. >> you want to do is read what we wrote. there could be underlying determinations of critical mass. exactly how it has been done in texas. i will then find enough of the difference that i can write some words that could be administered by two or 3000 federal judges as they try to deal with the programs like this. that is the point, is that right? >> you clarified a necessity point. if you then look at some of the other deficiencies and clarify the consideration of the available alternatives, if you want to clear the odious classification, that's what we're talking about, it's a narrow window. once you reach a certain number, then you can't use race anymore and. >> i don't want to gut it. the only way one could reach that conclusion is to assume that it isn't unlimited mandate just use race to your own satisfaction. and to be deferred to the use of race. that is the invasion of abigail fisher's rights of law. >> the cases

justice breyer, for example, pointed out that two lower courts here had looked at texas' plan and found it did meet all the requirements under grutter, so he pressed miss fisher's lawyer as to why do you say it doesn't satisfy grutter, and mr. rein, representing miss fisher, argued texas never considered race-neutral ieflts after the 10% plan went into effect to see if it could achieve what grutter calls a critical mass of underrepresented student. i use "critical mass" because it became important when the more conservative justices began questioning the university's attorney, gregory garre. and how as chief justice roberts said, how do you measure critical mass? under the 14th amendment, when classifications are made on the basis of race, the court applies its strictest scrutiny and says the racial classification has to be narrowly tailored to achieve a compelling state or governmental interest. and chief justice roberts said how do you define critical mass and if you can't define it, how can we measure whether your plan is narrowly tailored. >> and how do you represent a state governm

>> justice breyer, we have said very carefully we were not trying to change the court's disposition ofblish a diverse class. what -- the problem that we've encountered throughout the case is there are varying understandings, not of the legitimacy of the interest, but how you get there; is it necessary to use race to achieve that interest; what does a critical mass >> so your question is whether -- your point is, does your case satisfy grutter? is that what you're arguing? >> we litigated it on that basis, yes. >> well, how do you want to argue it right now in the next ten minutes? i'm interested because i have a very short time to get my question out, and i need to know how you are going to argue it. >> well, justice breyer, our argument is we can satisfy grutter if it's properly read. what we've seen -- >> may i ask you on that specifically, let's take away the 10 percent solution. suppose the only plan were the one that is before the court now, no 10 percent. this is the exclusive way that the university is attempting to increase minority enrollment. then, if we had no 10 percent sol

it happened near breyer gateway and vanderbilt street. the man was taken to eden medical center. at last check his condition is unknown. >>> a bay area mom accused of ditching her daughter while trying to steal groceries is being kept in jail. the 38-year-old mother went before a judge a few hours ago and cbs 5 reporter len ramirez was in court. len. >> reporter: that's right. we found out a little bit more about 38-year-old marcier he could also known as marcey keeling during her brief court appearance in morgan hill. we now know that she is alleged to have used her daughter to go shoplifting at least once before. in fact, two weeks before at the same safeway store here in morgan hill. they allegedly got away with it that time. that's one reason why she is being charged with one felony count of shoplifting in addition to a charge of contributing to the delinquency of a minor. she was also denied the chance to be released on her own recognizance today because a judge agreed with the prosecutor that she could be a flight risk. >> her daughter's presence in law enforcement custody

but just for clear here's to hoping that justices breyer, ginsberg, society mayor kagan can find the fifth vote that they need to move us forward >>and now to my point. that is a whole bunch of bunk! the powerful my steal an election but they cannot steal democracy. home of the brave. ♪ ♪ it's where fear goes unwelcomed... ♪ ♪ and certain men... find a way to rise above. this is the land of giants. ♪ ♪ guts. glory. ram. >> eliot: call it a total and complete failure of the justice system. call it a modern day witch-hunt. call it anything but the way the legal system is supposed to work in this country. it's become a well-known story. in 1993 three children were brutally murdered in the woods of west memphis arkansas. three men who were later to become known as the west memphis three from arrested for the crime. the 18-year-old damian echols, 17-year-old jesse misskelley, and 16-year-old jason baldwin. the evidence against them? the forced confession of misskelley, a mentally challenged teenager, and the fact that damian and jason wore black and listened to heavy metal music. they too

and it is, um, you know, stephen breyer said, um, after the court decided the seattle and louisville, um, desegregation cases, overturned those, he said it is not often in law that so few have quickly undone so much. and that was even before citizens united, which i think is the defining case so far of the roberts court. now, remember, the conservatives of the '60s, the '70s, the moderate republicans in the center of the court. the core idea of conservativism in, at the supreme court was judicial restraint. the idea that courts should, if at all possible, defer to the elected branches of government, should not overturn laws lightly. and it was the liberals who were always trying to overturn laws. and it was, um, potter stewart and louis powell and sandra day o'connor who were preaching judicial restraint. but citizens united was a case where just a few years earlier george w. bush had signed the mccain-feingold law. and just two years earlier the supreme court -- no, it was more than two, i think it was four years earlier -- the supreme court had affirmed the constitutionality of the

>> justice breyer, we have said very carefully we were not trying to change the disposition of the issuein grutter. could they be legitimate, compelling interest in using race to establish a diverse class? the problem we've encountered through the cases there are varying understandings, not of the legitimacy of the entries, but how you get there. is it necessary to use race to achieve that interest? >> the question is your point is toaster to satisfy grutter? is that what you're arguing? how do you want to argue right now in the next 10 minutes? i'm interested because i've a very short time that my question and i need to know how you're going to argue. >> justice breyer, our argument is we can justify grutter a property right. >> masculine that specifically, but take away the tent are sent solution. see the only plan were the one that is before the court now. no 10%. this is the exclusive way that the university is attempting to increase minority enrollment. then if we have no 10% solution under grutter, but this plan be unacceptable? >> i think there are be flaws under grutter come even

a jumble of words with the soy product, only five ingredients with breyers. >> if you need a tiebreaker, go for the product that has the less ingredients. >> foods that claim to be healthier often also more expensive. and not necessarily better for you. just read the labels, check them out for yourself. >> right. >> thank you, liz. >>> let's get a check on the weather from veronica. how is the game going to look tonight? >> the game is going to look a little wet. it's not going to be soaking rains throughout the game, but it will be a little wet. i think starting at about 6:30, 7:00, we'll sea that rain move in. so showers for first pitch out there right now, overcat sky. cloudy conditions. there are some showers out there right now down to our south and west. here's the way it's looking for the overnight, early part of the day tomorrow. temperatures starting out at 57 degrees in frederick county. gaithersburg. montgomery county, 55 to 57. prince william 63 degrees. it's not going to be all that cool or chilly for tomorrow morning. speaking of rain, i'm expecting about a half to an inch

. >> justice breyer -- >> we took it in filartiga. we took it in the cases that justice ginsburg mentioned. so i absolutely grant you could make the distinction, but, given the purpose and an objective of the statute, why should we make it? >> justice breyer, with respect, the united states has not acceded to the principle of universal civil jurisdiction. and with respect -- >> well, we did explicitly in the torture treaty in respect to that particular incident. >> justice breyer, in our brief at 48, note 11, you'll see that that's not quite the case. i'm sorry -- i'm sorry. we object -- the united states objected to the universal civil jurisdiction aspect of the convention against torture. we have never acceded to that. and the reason is that we fear exactly the consequences justice kennedy began the argument with. we fear that if we say that a united states court can be open to try any accused law of nations violator anywhere in the world regardless of the place of the conduct, the other nations of the world might seek to do the sam

justice breyer is 74. now, we all know who mr. romney likes.ow could their replacements change the future for women in this country? >> replacing any of the liberal justices would be catastrophic for women rights, civil rights, regulation, for the social safety net and you cannot underestimate how much how much of a change it would be. they have been preparing for this for a long time. they have spent the last few years passing the pro-choice that they want to challenge and use it as a vehicle to get up to the supreme court but even take the one that we've got, which is, with the lead over placing sandra day o'connor is not as sympathetic to abortion rights as it used to be and they would like to lay the groundwork to bit by bit chip away at roe v. wade which to be catastrophic to women, particularly marginalized women, particularly low-income women. >> now, vice president biden came out swinging about mr. romney not denouncing mourdock. laura, listen to this and give me your reaction. >> they can't even get up the gumption to condemn the state

the all important swing vote kennedy is 75 and justice breyer is 74.inks that conservative justice roberts might not be conservative enough to be appointed by a president romney. >> you say on your website that you would nominate justices in the mold of the chief justice john roberts. now that he's voted to uphold this law, would you still knowing what we know now, nominate a justice like john roberts? >> well, i certainly wouldn't nominate someone who i knew was going to come out with a decision that i rehemently disagreed with. >> joining me now is jeffrey toobin. voting for the united states senator is the number one reason to vote for them since they confirm these nominations. i just want to show you a moment that just occurred in the massachusetts senate debate tonight between scott brown and elizabeth warren. let's listen to that. >> who's your model supreme court justice? >> let me see here. that's a great question. i think justice scalia is a very good judge. justice kennedy. justice kennedy. the i think they're very qualified people there. >>

astronaut neil armstrong, michael bloomberg, stephen breyer, steven spielberg, michael ford. along with our scouts, president bill clinton, george bush, barack obama. and gerald ford. it just makes the release of the thousands of pages of internal documents all the more difficult to process. >> reporter: one of the newly released files shows an indiana scout leader was placed in the banned confidential file in the early 1970s. he took treatment and on the advice of the psychiatrist treating him and his minister, he was allegedly cured. he got cleared to lead scouts given and again and in 1982 he was accused of molesting two boys on a camp trip. the boys parents agreed not to proceed with prosecution and the scouts never reported the alleged pedophile to the police. >> there's no question times in the past where we did not do the job that we should have. so for that we're profoundly sorry. i am convinced this organization has a firm and ever lasting and deep commitment to youth protection. >> reporter: the bsa says scouts are now talked to recognize and report abuse and two sc

and it is, um, you know, stephen breyer said, um, after the court decided the seattle and louisville, um, desegregation cases, overturned those, he said it is not often in law that so few have quickly undone so much. and that was even before citizens united, which i think is the defining case so far of the roberts court. now, remember, the conservatives of the '60s, the '70s, the moderate republicans in the center of the court. the core idea of conservativism in, at the supreme court was judicial restraint. the idea that courts should, if at all possible, defer to the elected branches of government, should not overturn laws lightly. and it was the liberals who were always trying to overturn laws. and it was, um, potter stewart and louis powell and sandra day o'connor who were preaching judicial restraint. but citizens united was a case where just a few years earlier george w. bush had signed the mccain-feingold law. and just two years earlier the supreme court -- no, it was more than two, i think it was four years earlier -- the supreme court had affirmed the constitutionality of the

daniel spinelli, a clerk for justice breyer a lot of years ago, filed a lot of terrific briefs in the court including the brief of the nacdl in this case. she's going to tell us a little bit about the actual two cases before the court and the sort of back and forth arguments. a constitutional scholar at the cato institute, editor of the supreme court review. i've been on a lot of panels and read a lot of the writings, and one of the really sharp writers on constitutional issues, and he's going to talk a little bit about how to view the search question here. mark is one of the really national experts on the issue of privacy. privacy of all sorts, computers, internet, enhancement technology. he's the president of the privacy electronic information center, and he'll talk about enhanced technologies that might be affected by this case, and last, and certainly not least, we have jeffrey, an honest to god lawyer, for nearly 40 years has been arguing and handling drug dog cases in the courts. he's a former president of nacdl, and he's going to talk a little bit about the practical realities

justice breyer was wondering why the court was hearing the case when a similar law was upheld by the court in 2003. >>> u.s. jobless claims hit a four-year low. applications for unemployment dropped to the lowest level since february 2008. >>> in sports, lance armstrong now faces the biggest uphill climb of his post-cycling career, trying to restore his reputation against mounting evidence. u.s. anti-doping agency has released a report of more than 1,000 pages. the agency found lance armstrong was part of the most sophisticated, professionalized and successful doping program that sport has ever seen. armstrong's attorney, tim herman responded, calling the findings a one-sided hatchet job and government-funded witch hunt. pedro pinto joins us now. his ex-teammates tell some really shocking stories about gaming the drug testing system. te us what they're saying. >> don, it's unbelievable, this report released really sheds light on the dark world of cycling at the time when lance armstrong won seven straight tour de france titles, talking about hotel rooms being transformed into blood t

there are now four justices in their 70s, route bader ginsberg and steven breyer were appointed by president clinton. scalia and kennedy are both 76 appointed by reagan. when asked they say presidential politics do not impact their decisions about when they will retire but it's highly likely the next president is going to have the opportunity to make multiple nominations. weeks ago governor romney said this about the supreme court, quote i hope to appoint justices for the supreme court that will follow the law and the constitution and it would be my preference that they reverse row v wade. many watchers say a second term for president obama would reach further left to future nominees. >> he may reach out for someone who doesn't have a track record for judicial opinions. someone who is serving in politics who doesn't have that long pedestrian today kraoe of writing jew judicial decisions, but who the president will be fairly confident will share his positions on liberal issues. >> it doesn't matter how much the president vets any tomorrow knee, once on the bench it's a lifetime appointment an

on the left, justice sotomayor and ginsburg and breyer whether it measures diversity and the mix takesuotas, something the court already said it is against. a real struggle at the court today. the headline is that racial preferences and higher education definitely came under attack today. >> let's remind everyone, ten years ago, the u.s. supreme court upheld affirmative action, less than, 2003, what has changed since then? >> this case is factually similar to the university of michigan case nine years ago. what has changed is the court, justice sandra day o'connor wrote the majority opinion nine years ago upholding diversity as a compelling interest. o'connor is no longer on the court. today the person to watch is the justice anthony kennedy, not against the idea, but hasn't found the affirmative action program that is narrowly tailored enough for him to like it. >> what about the fact that justice elana kagan, she recused herself here, there could be a tie they could decide four justices one way, four another. what happens in that case? >> in that case, the previous precedent stands.

justice breyer usually goes, as do many other members of the court.t: they actually get to work today. before we get to calls, is there a number of cases out there they? agree to they i know you said some still may get added. guest: the workload has not really changed much over the past 15 or 20 years. the court takes about 80 cases per year. they have filled up the argument calendar through december. there are few more cases they not yet scheduled. they will be adding more as the year goes on. they are about halfway full. the court continues to hear cases through april and delivers decisions all the way through the end of june. host: is one of the cases written about in your paper that will not come up today. guest: this is the second case being argued this morning at 11:00 a.m. and it deals with the definition of a vote. is a house vote a house or a vote or both or neither? it is significant because the law that applies to a structure of this kind depends on what kind of vessel or structure is classified as. it deals with what is the definition of a

is a prestigious position a student can have and sitting on a pnel with a future now judge steve breyeropic of campus speech codes are hotly debated. the president supported them. this supports the idea of authority restricting speech to preventt the listener from being ooh fended. >> steve: look at this quote. i don't see a lot of conservatives getting upset if minorities feel silenced. >> this effort in the harvard law school and never adopt then student barack obama was in favor. >> to prestrict offensive speech. >> it is deemed offensive to certain groups n that case minorities and racials ethnic and gender and sexual orienitation . >> you would think that he would be for free speech for everybody. >> this is the same president signed legislation that permits secret service to free speech. if you have a sign that said reelect obama . they leave you alone. but you have a sign that said elect mitt romney they can restrict it. because of the content. that is the problem with his thinking. this was 20 years ago and it is consist ept with today. >> gretchen: thank you for breaking it dow

it happened yesterday near the intersection of breyer gateway and vanderbilt before 11:15 a.m.olice say the officer approached the car that had been reported stolen. he asked the man to show his hands. the suspect then refused and instead reached for a weapon. prompting the officer to open fire. neighbors say it happened too close to tree view elementary school. >> it's sad, just really sad, they would do it so close to a school. >> we did lock down the school, and we insured there was no injuries to any staff or students. >> the suspect was taken to a hospital where he was later pronounced dead. >>> a coach is facing charges of having a sexual relationship with a student. yesterday morning, lafayette police arrested the 22-year-old of martinez. they say he had a relationship with a female student that lasted for more than a year. the schedule -- school has placed him on administrative leave. >>> we're getting new information on the case of a san jose teacher accused of molesting a student. notes have been made public. officials say the documents reveal the principal knew of po

i get it that you are worried breyer declining holes values.f you have been able to stay in your home at all. -- worried about your declining home values. if you have been able to stay in your home at all. i am asking for your support tonight because i want to represent you. those in the middle class and a voice in the process that is broken in washington. there is too much gridlock there and it cannot send someone who will represent more of the same rigid, tea party ideology. by opponents that he would work with the tea party. how is that putting you first? >> amazing my opponent has to misrepresent my opinion. what would you expect from a failed record as a state legislator? first of all, i wanted thank the view is for watching this. it is great to have the opportunity to shoot his bid to claims. we are going to count down one or two paths,. he wants more government intervention, less for a more foreclosures. that is his record as a state legislator. i come to you with real solutions to serious problems. common sense solutions. not extreme po

. >> i moderated a discussion or a debate between justice scalia and justice breyer once, and i prepared about 25, 30 questions similarly -- >> and they ignored you, didn't they? >> i got two questions in that hour and a half. [laughter] but, you know, they were -- it's a little bit like your observation, candy, they were going in this a way that the audience would rather have listened to them than my questions, i'm sure. so it's a judgment call, i think, in those instances where you let them go if it's, if they're on topic and talking about things -- >> sometimes when they're off topic. i thought that whole exchange about what's in your bank account and have you looked, i thought, well, yours is bigger than mine, my brain is going -- >> oh! [laughter] >> okay. moving along. >> it wasn't until i watched that later that i saw the president pause and smile and say, i gotta say it, he came armed with that. >> absolutely. absolutely, he did. >> what were your observations about last night's debate and -- >> glad it's over. happy that the debate season is over. i thought, you know, it was a g