by justice breyer will set there for another 10 years of major permits.f obama replaces justice ginsberg it would be with the% i'd like mind but 30 or 40 years the junior. so y are removing a s reticent senior citizen for a young aggressive coalition building youngster. that is what you will get. somebody like soda -- sotomayor or jess's kagan that will set their 30 or 40 years. john: now that is normal. when the republic was created most were passed e average age of death. >> they serve for life. in the modern era they have attempted to control the term during the presidency of the same party that appointed them. to the extent it is a free choice they will. you can expect justice ginsberg will leave the court. i cannot imagine justice kennedy or scalia will voluntarily go. >> justice ghalib i 76, a justice kennedy is 76. >> he is a swing justice. >> they are young. it is a young 76874 people 80 years old and they leave the court and president obama picks schumer comic quenti a birdie frank and pelosi. >> i will move to canada. [lauter] if obama literally

well by justice breyer will set there for another 10 years of major permits.f obama replaces justice ginsberg it would be with the% i'd like mind but 30 or 40 years the junior. so you are removing a shy reticent senior citizen for a young aggressive coalition building youngster. that is what you will get. somebody like soda -- sotomayor or jess's kagan that will set their 30 or 40 years. john: now that is normal. when the republic was created most were passed the average age of death. >> they serve for life. in the modern era they have attempted to control their term during the presidency of the same party that appointed them. to the extent it is a free choice they will. you can expect justice ginsberg will leave the court. i cannot imagine justice kennedy or scalia will voluntarily go. >> justice ghalib is 76, a justice kennedy is 76. >> he is a swing justice. >> they are young. it is a young 76874 people 80 years old and they leave the court and president obama picks schuer comic quentin, a birdie frank and pelosi. >> i will move to canada. [laughter] if oba

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

well by justice breyer will set there for another 10 years of major permits.f obama replaces justice ginsberg it would be with the% i'd like mind but 30 or 40 years the junior. so you are removing a shy reticent senior citizen for a young aggressive coalition building youngster. that is what you will get. somebody like soda -- sotomayor or jess's kagan that will set their 30 or 40 years. john: now that is normal. when the republic was created most were passed the average age of death. >> they serve for life. in the modern era they have attempted to control their term during the presidency of the same party that appointed them. to the extent it is a free choice they will. you can expect justice ginsberg will leave the court. i cannot imagine justice kennedy or scalia will voluntarily go. >> justice ghalib is 76, a justice kennedy is 76. >> he is a swing justice. >> they are young. it is a young 76874 people 80 years old and they leave the court and president obama picks schumer comic quentin, a birdie frank and pelosi. >> i will move to canada. [laughter] if ob

there was certainly potential nominees who were to the left of ginsburg and breyer but he went to themetal and they were confirmed with at most a handful of opposition votes. but in president obama's two nominees, he used the same strategy. boze sonia sotomayor and elena kagan were totally mainstream nominees. sonia sotomayor have it lee 17 years as a federal judge. more judicial experience coming to the supreme court than any nominee in recent history, highly qualify. qualified. elena kagan, highly qualified. i think in sotomayor's casey got seven republican votes and i think kagan got five, so you know what is going on with the confirmation process? i will tell you a little story that i heard about the sotomayor process. is really a wake-up call for how broken the system is. right after her nomination she was going to get a lot of republican votes and maybe most republican votes. she was a very attractive nominee. and mitch mcconnell the senate republican leader was quite upset by the idea. that was not the record he was trying to make so he went to the national rifle association he

. >> breyer's, experts have sounded urgent warnings about melting polar ice and extreme weather.y say that in order to limit global temperature rise to two degrees celsius, greenhouse gas emissions must be kept low, but total emissions are still rising every year. many experts believe may it already be too late. temperatures could surge by of to four degrees celsius this century. compared to pre-industrial levels. the consequences are incalculable. some nations are pushing for an extension of the kyoto protocol. it expires at the end of this year. >> how was looking for these talks in doha? as germany scaling back their expectations? >> the german environment minister said today that expectation that this conference ought to be "realistic." he pointed out that with the u.s. presidential election and the change in leadership in china, it is hard to predict how the two biggest polluters, how much pressure will be coming from them for an agreement. furthermore, the opinion is no longer playing the leading role that it once said they wanted to. the german government itself is also di

and justice breyer's most recent book is all about some of the difficulties that come about from that top-down system such as will the people obey the court? let me just make ab -- an aside here, by the way. justice breyer, i recently traveled with him to china where he spoke in a number of settings about his book and about other issues. one of the truly underestimated things in u.s. diplomacy, i think, is how effective someone like justice breyer can be in projecting the soft power of the united states. he was an extraordinary diplomat in his time in china. and if only his day job did not require so much of him, he should be, he should be sent as the roving ambassador for the rule of law. [laughter] well, my point though is that in china today don't have that institutional arrangement, top-down constitutionalism. zero. but what's been happening is there has been a lot of ferment within society in a bottom-up way of scholars, media, ordinary chinese citizens talking about the chinese constitution, invoking it, saying it means something and gaining political traction for it in the sens

suppose the dog were not doing this ten-minute bracketing that justice breyer was talking about. suppose this really were a very simple procedure. the dog comes up, takes a sniff, barks, sits down. and, you know, to make it even more, the dog is not a scary-looking dog, the dog is a cockapoo. so just like, you know, your neighbor with his cockapoo walks up to your door all the time, that's what this police officer has done. why do you win that? >> well, whether it's a cockapoo or franky, who, from all the pictures, appears to be a very cute dog, it's not what the dog looks like, it's what the dog is doing on the front porch, which is -- >> the dog does what your neighbor's dog does. >> well, no, this dog -- the neighbor's dog does not search for evidence on your front porch. that's the key distinction. >> but, mr. blumberg, i think you're, with respect, misguided to concede that if it was just the officer alone without the dog, it would be perfectly ok. >> i did not mean to concede that, and i was going to say that. >> well, i thought you did. >> i was about to return your -- >>

just breyer will sit there for another 10 years if nature permits.h is replaced, it will be a person of like mind but perhaps 30 or 40 years her junior. although the voting would be the same, you'reg removing a rather shy, reticent, unwell senior citizen for a young, aggressive coalition building youngster. that's probably what you're going to get. you'll probably get someone like justice so toe to sotomayor. >> 30 or 40 years is the norm. when the republic was created, most of the justices were past the average age of the death. >> right. as you know. they serve for life. in the modern era, they have a tendency to end their terms so far as they can control this during the presidency of a president of the same party that appointed them. obviously sometimes nature interferes. to the extent this is a free choice, they will attempt to do that. i think you can soundly expect justice ginsburgh will leave the court by one means or another in theit next 40 years. i don't expect any of the other will. i can't imagineca kennedy or scalia will go under preside

. >> there commending breyer two adult males who came forward in august alleging they withstood sexualse at the hands of 66- year-old james farrow. they say it started in 2000, lasted until 2008. the victims were eight years old again. there would sleep over at his house with permission from their parents. charging documents reveal one of the victims told police the abuse had happened hundreds of times. so many that you lost count. >> he was determined these were numerous incidents involving two miners. according intermittently over the eight or nine years. >> please forward the information to the state attorney's office which decided to file the charges. farrow turned himself and. thursday morning when 11 news abroad at his home, a woman quickly ran inside and told 11 news to leave. one neighbor who did not want to go on camera said he was not surprised by the allegations. >> and as the hollywood connection, if his name sounds familiar, neighbors have confirmed that he is the brother of the famous hollywood actress mia farrow. we know he is being held on $250,000 bond. collects 11 new

wandering the halls, and i did not know them all in the 1970's were madeleine albright, stephen breyer, susan collins, lamar alexander. many of the leaders. and in the media today, chris matthews, george will. many of these people got their training in the senate. we were not part of the greatest generation. we have the next best thing. we were trained by them. host: our next call for ira shapiro comes from barry. you have to turn down your set. we are getting feedback. caller: i just turned it down. this is why they had more democrats back then, because of the tea party. they made our government stagnant. they are upset about capitalism. that is what built our country. we send them a strong message. as americans, we need to back up the present by getting more involved with the senate. e-mail in your search senator, your congressman and even the president. -- e-mail your senator, the congressman, and even the president. host: we will leave it there. talk to us a little bit about what barry brought up. it is not up to 55 on the democratic side and 45 on the the republican side. what sup

. >> rose: that's not what justice breyer would say. >> well he wouldn't say that. >> rose: do you thinklieves that? >> that is the attraction of that philosophy. whatever you care passionately about is in the constitution. the justices believe that and the people have come to believe it. it is a hard job to call them back to a much more modest approach which is it says what it says. and if you don't like it, adopt an amendment. and for most changes you don't need an amendment, the death penalty, for example, you don't have to amend the constitution if the american people have really set their face against the death penalty, just abolish it state by state. or suicide, we had a case involving whether it violated the constitution to prohibit suicide. g and we said, we are not yet prepared to hold that. that's what we said. stay tuned in the fullness of time we will make -- we may change our mind. you don't need us to say. if the american people want to allow suicide they can do what washington did. i think washington has done. simply allow it by statute. >> rose: that is the system that yo

and justice breyer, of course, is 74. people who are 76 and 74 underneath that. >> appointing a justice to the supreme court has always been seen as a history-changing moment for any president to do so. but in this case, does the president care wholeheartedly about changing history here? or would he be more interested in status quo? >> one of the things the administration has come under a lot of fire for is it's been left focused on judicial nominations than it has been on electoral politics. at the level of the scoupreme court, of course president obama cares. if ginsburg leaves, harris might be a natural appointment. the real fireworks will begin if someone like justice kennedy or scalia leaves because that could change it to a majority liberal court. i think he'll go with a more conservative choice like judge merritt gar land on the d.c. circuit. i think the place to look for now is lower down, which is to say there are over 100 vacancies. keep in mind the federal judiciaries has about 870 members, so for that to be th

suppose the dog were not doing this 10-minute bracketing that justice breyer was talking about, suppose this really were a very simple procedure, the dog comes up, takes a sniff, barks, sits down. the dog's not a scary looking dog, the dog's a cockapoo. [laughter] so just like, you know, your neighbor with his cockapoo walks up to your door off all the tim, that's what this police officer has done can. >> well, whether it's a cockapoo or frankie from who appears to be a very cute dog, it's not what the dog looks like -- >> the dog does what your neighbor's dog does. >> well, no, the neighbor's dog does not search for evidence on your front porch. >> mr. blumberg, i think you're, with respect, misguided to concede that if it was just the officer alone without the dog, it'd be perfectly okay. >> i did not mean to concede that -- >> well, i thought you did. >> i was about to return to your -- >> and i would assume that you would say that if the officer walks up there with no intention to walk and talk but just walks up to the door with the intention of sniffing at the door, you would consi

stephen breyer, 74 and he probably in his term would have been -- would have chosen a supreme court justicehink we're at the stage now where birth control and that women -- it is not the issue that we would have expected, but it still is. >> a lot of muttering on this side of the room from my team of analysts looking at all this data. now, you see a sea change. >> certainly on gay marriage. i think we ought to stop and look at this because it is extraordinary. we have never had a state -- have a referendum that approved gay marriage. any time it's gone to a state referendum it -- go happened in maine tonight. >> it's happened in maine tonight. >> and it appears to be happening in the states where -- that already have legal gay marriage where it's been put on the ballot to see if the voters as a whole approve of it and they appear to be approving of it, and so this is in four states so this is absolutely extraordinary and it is a change that's happened in hardly any time whatsoever where people went from saying it was a terrible idea to a majority of people now supporting gay marriage in thi

when it is a dog trained to detect contraband no one in plight and ply yolly consents and as justice breyer pointed out that a homeowner has a reasonable expectation of privacy that that isn't going to happen. >> they are not drug detection dog as an ordinary dogs would you draw the same distinction between a police officer who is not expert at detecting the smell of methamphetamine and a police officer who is expert at detecting the small of that drug? >> in terms of the right of that officer to come up to the door? know there wouldn't be any distinction. you imply a plea consent and have no reasonable expectation that any type of police officer is going to come and knock on your front door and tried to talk to you. >> policemen have to know how to behave, and in this area they can behave the same way as other people can behave and we expect them to behave even though they are always trying to find a crime that's what i fought the law was so i've been trying to figure out just what you say but in a slightly different form do people come up to the door with all this? yes. do they believe? y

brought to you as a public service breyer television provider. -- by your television provider. >> you were talking about the 47%, at. i was extremely offended by that. i am 24-years old. i am homeless. before i lost my actors, i was able to vote for obama. i am now -- before i lost my address, i was able to vote for obama. i still want to keep working and now i'm able to go to school with a star in january with the potential to go the law school. i think romney lost a lot of people and the columbus because of that 47%. caller: i am really upset. i cannot believe we again that mr. obama and the white house. -- in the white house. i am a nurse. it's been hard in the valley of finding a job. home health has completely -- patients are being [unintelligible] due to medicare cuts. you see it and you go to the grocery store and do you see these ladies with their purses and they pay with [unintelligible] caller: it is a very dark day. i am shocked at how this man could have won again. i feel that the election, so many people are out of work, i am an executive in this community. i lost a job a

wandering the halls, and i did not know them all in the 1970's were madeleine albright, stephen breyer, susan collins, lamar alexander. many of the leaders. and in the media today, chris matthews, george will. many of these people got their training in the senate. we were not part of the greatest generation. we have the next best thing. we were trained by them. host: our next call for ira shapiro comes from barry. you have to turn down your set. we are getting feedback. caller: i just turned it down. this is why they had more democrats back then, because of the tea party. they made our government stagnant. they are upset about capitalism. that is what built our country. we send them a strong message. as americans, we need to back up the present by getting more involved with the senate. e-mail in your search senator, your congressman and even the president. -- e-mail your senator, the congressman, and even the president. host: we will leave it there. talk to us a little bit about what barry brought up. it is not up to 55 on the democratic side and 45 on the the republican side. what sup

we have book lounge in the afternoon, and the supreme court stephen breyer and several professors fromrvard and u.k., jerry cohen, will speak. so particularly ambassador jon huntsman also will be here. >> we will put out an announcement on that. >> that's the direction i think we should monitor very, very closely. >> okay. okay. >> john sand, how do you compare the new chinese leadership lineup to the hu administration in terms of the development of u.s./china relations? would the new leadership pose a greater challenge to the united states, or would it be in a more cooperative mode in terms of u.s./china relations? thank you very much. >> do you want to take that on? >> yes, although we have a panel coming up that is on that issue. i'll give you just a couple quick thoughts. one, keep in mind 2012 was a very difficult year for east asia. every single country during the course of the 2012 calendar year -- china, the u.s., south korea, north korea, russia and japan all have leadership succession or elections during that year. it inevitably makes the top leaders focused inward on leaders

c-span, created by america's cable company in 1979, brought to you as a public-service breyer television provider. >> president obama says the election showed the majority of americans agree with the the as a reduction plan to cut spending. the president has invited congressional leaders to the white house next week to discuss the deficit and warned about the perfect -- the potential effects of the fiscal compared -- fiscal cliff. the president addressed an audience from the white house east room. >> ladies and gentlemen, the president and the vice president of the united states. [cheers and applause] >> thank you. thank you. thank you, everybody. thank you. thank you very much. thank you. thank you very much. everybody, please have a seat. thank you. good afternoon, everybody. now that those of us on the campaign trail have had a chance to get a little sleep, it is time to get back to work, and there's plenty of work to do. as i said on tuesday night, the american people voted for action, not politics as usual. you elected us to focus on your jobs, not ours. in that spirit, i have invit

it is much easier to manipulate breyer profits occurred in your sales. on a national basis, if x sales are in the u.s., x percent are taxed in the u.s., period. ten% of your global sales and to the united states are taxed. >> what is wrong with that idea? >> i would have to look at the arithmetic. what we are doing now is in the face of what every country does. it provides very strong -- american corporations probably have something close to $2 trillion abroad in funds that they do not want to bring back. they will instead find ways of buying companies abroad are opening new plants abroad because the penalty for bringing it back is often high. if our corporate income were down, the penalty would be less. we want to somehow get around that said they feel free to bring it back. >> what is your take on the issue and is there a windfall coming back to the united states? we have had a lot of business folks say we're going to put this money to use if you drop this and we can repatriate this money. >> temporary repatriation. the economic studies suggest and has