family of 89-year-old breyer dodging cameras. >> 158 train loads, not individuals. train loads of people. >> reporter: breyer admits to being a former na za. an s.s. guard stationed in poland at auschwitz. they have an arrest warrant for slaughtering anywhere between 200 to 300,000 men, women, and children. they want him extradited as soon as possible. >> his guarding along with all the other guards who were in that circumstance in the battalions that he beloved to made it possible for those killings. >> reporter: wednesday breyer's defense attorney argued he's too old, to sick, to frail to remain in custody. a federal judge found the crimes he's accused of are too great. federal marshals apprehended him and placed him in custody on tuesday night in northeast philly, a place he's been living for nearly 30 years. >> reporter: they want to strip breyer of his american citizenship and have him deported. the latest was in 2003 when they learned he joined the s. is. as a minor. both of this woman's parents and grandparents were holocaust survivors. >> even if he's old an

they want to strip breyer of his american citizenship and have him deported. the latest was in 2003 when the judge learned he joined the s.s. as a minor. both of this woman's parents and grandparents were holocaust survivors. >> even if he's old and passes away, i still think he needs to be brought to trial. >> reporter: breyer's extradition hearing is in august. steven patterson, cbs news, philadelphia. >>> the federal government is investigating reports of defective ignition switches in over a million chrysler minivans and suvs. the defective switches may affect the deployment of air bags. the affected vehicles are the dodge journey, grand caravan, and chrysler town & country manufactured between 2008 and 2010 and the jeep commander and jeep grand cherokee. >>> the chrysler investigation is part of an expanding look into air bag and ignition issues across the u.s. auto industry. gm has issued more than 40 recalls this year alone and yesterday's gm's ceo faced some tough questions on capitol hill. jericka duncan reports. >> reporter: general motors' ceo mary

>> i think that your argument, justice breyer -- justice breyer: it's not my argument. it's a parody. an indirect version of your argument. >> let me -- ok. let me try to correct this. there is no compulsory license with respect to music or video. there are different compulsory licenses with respect to satellite and cable that capture all signals and push them down to everyone. justice breyer: all right. so that would be the same and it isn't going to be a problem. >> no. where it's going to be a problem with the cloud is if you say if i'm watching a particular program and you're watching a particular program and justice sotomayor is watching the same program, we are engaging and the company that has allowed us to make a copy of that is engaging in public performance. where you have to deal with infringement is the concept of volition and the idea of who is doing the act. if i'm simply making equipment available, then -- justice breyer: but it should work out in a parallel way. that is, when i look at the program, i am making a copy of the program and, therefore, i'm vi

has known about breyer for many years.eral authorities tried to strip him of his citizenship when he admitted to serving as an armed guard at auschwitz and other concentration camps. among the reasons he remained in the u.s., a court found he was only 17 years old when he joined a neazi unit. but every time authorities spoke to breyer, he gave alleged statements that may come back to haunt him. according to the federal kpa complaint, he knew that people would be cremated and could see the smoke but did not know how the prisoners had died. that he may have fired into the air occasionally. this isn't the first time the u.s. has helped germany. another nazi guard was extradited in 2009 after living in the u.s. for over 50 years. he died in germany in 2012. what breyer has on his side, experts say, is time. memories fade. witnesses die. >> but one of the core issues in a case like this is how can the german government, any government, charge someone with a crime so long after the actual crime? how can you have the evidence? ho

old husband johann breyer was ordered held without bail on a warrant forger manny.charges him with aiding and a betting in the murders of over 200,000 jews during world war ii. >> he is charged with having been an armed at the concentration camp. >> reporter: the feds say then 18 year old johann breyer was a member of the batallion from may to october 1944. when train loads were put to death. >> there was a heightened execution of jewish deport tees brought to the camp from hungary from czechoslovkia and germany. most of them were women, children, people with illness. >> reporter: breyer was arrested tuesday night by the us marshals in the driveway of his woodbridge road home in the northeast after returning from a trip to buy an air-conditioner. his lawyer says he should be freed from the detention center until an extradition hearing. he suffers from dementia, and heart problems. he's also had several strokes. >> neighbors in breyer's tight knit community were stunned. >> you just never know who you living by. you just really never know. >> send him back. >> report

breyer's opinion, he compared aereo quite a bit to a cable company. is that a fair assessment in your view? >> of course it is. you had broadcast tv and then cable came along and then satellite. what if satellite and said, you know, we are different from cable. we have a slightly different technology, so we're going to take that and not consider ourselves to be what is called .n in the pd -- mvpd that.ite did not do why should area, with a different technology and say we do not have to negotiate for copyrighted material? we have said from the beginning -- this is not about being opposed to technology. there is still a technology and aereo and maybe a business model for a. that does not mean you can invade the law to run a business. >> so what is the business model you could foresee? >> they could do what cable and satellite does. do with us on copyrighted material. there is a technology that may have a place in the market, but they now have to obey the rules of the road that everyone else out there on the highway has to obey. nab orou could see the th

breyer's lawyer argued that he suffers from dementia. judge asked if he knew why he was there. >> do you understand that the republic of germany has issued a warrant for your arrest relating to your role as the death camp guard in auschwitz. do you understand that? >> yes, i understand. >> reporter: breyer admits he was a guard at auschwitz, but says he was a guard at the labor camp, not the death camp, telling the a.t. i didn't kill anybody. i didn't rape anybody. i didn't have a traffic ticket here. i didn't do anything wrong. >> reporter: the u.s. justice department went after breyer in 1992, trying but failing to deport him. they believe they will succeed in extraditing him to germany. german investigators have new evidence proving what he did. ron claiborne, abc news, new york. >>> police in vermont are investigating a reported bear attack at a campsite. two cousins claimed they survived the attack by setting fire to their campsite. in order to scare the bear away. fish and wildlife officers were not able to find any signs of that b

johan breyer was held without bail today on german arrest warrant. federal marshals arrested breyer tuesday night at his home in the northeast. then took him into custody. he's charged with aiding an betting the killing of over 200,000 jewish men, women and children. german officials want him extradited as soon as possible. >> his guarding along with the other guards who were in that circumstance in the death head batallion that he belonged to were -- made it possible for those killings to happen. >> breyer's extradition hearing is scheduled for august. >> in the crisis in iraq, sunny militants and iraqi military forces are battling tonight for control of that nation's largest oil refinery. meantime, congressional leaders met with president obama in the oval office today. iraq shiite led government has asked for u.s. air strikes to advance their campaign again these militants. iraq's prime minister nori maliki went on a dip employee empty tick defensive tonight. he made a televised address to try to gain support from the sunni and kurds. >> the crisi

germans have charged 89-year- old johann breyer with 158 counts of homicide. they say he is a former nazi who helped kill 3,000 people during world war ii. >>> germans want breyer extradited as soon as possible. >> the other guards who were in that circumstance in the battalion he belonged to made it possible for the killings. >> germans would like breyer extradited as soon as possible. that hearing is set for august. his lawyers say the man is too old, sick and weak to stand trial. >>> alcatraz is considered by some to be one of the most haunted places in america. >> kpix 5's brian webb shows us a couple of tourists say they now have proof. >> welcome back, you guys. welcome back. >>> reporter: more than a million tourists visit alcatraz every year. a lucky few claim they see something extra special, a ghost. >> i did not see any ghost. i have heard rumor of ghosts. i didn't see any. >> reporter: a british couple snapped this photo of what looks like a ghostly turn of the century woman staring straight at the camera. the couple completely believes it was a sp

breyer's lawyers argued that he suffers from dementia. in court the judge asked if he knew why he was there? >> do you understand that the republic of germany has issued a warrant for your arrest relating to your role as a death camp guard at aush witnesses? do you understand that? >> yes. >> reporter: he admits he was a guard at auschwitz but says he was a labor guard not the death camp, telling the a.p., i didn't kill anybody, i didn't rape anybody. i didn't even have a traffic ticket here. i didn't do anything wrong. the justice department first went off breyer in 1992 trying to deport him. this time u.s. prosecutors believe they will succeed in extraditing him. they say german investigators have new evidence proving what he did. >> thank you. >>> we turn tonight here to the stunning images, our team watching as children cross over the american border, many alone without their parents, all part of this new surge headed north. we told you we would stay on this and tonight abc's jim avila with the pictures and where these children end up

writing for the court justice steven breyer found that mechanism enough to hold the president at bay. the senate is in session when it says it is, provided that under its own rules it retains the capacity to transact senate business. the senate met that standard here. >> there's a lot of danger in the chief executive having too much power. we need a congress that can have the ability to push back on the president. we need to remind the president routinely that he's not a king. >> reporter: senate majority leader harry reid said the court got it wrong. quote, since president obama took office, senate republicans have done everything possible to deny qualified nominees from receiving a fair up or down vote. president obama did the right thing when he made these appointments on behalf of american workers. even though all nine justices agreed with the court's ultimate holding, four disagreed with the sweeping opinion. which held that the president does have broad recess appointment powers during the senate's intraand intersession recesses. whether the vacancy arrives before or after the r

and the majority led by justice breyer suggested that if the conservatives led by mr. scalia had their way, there would be countless numbers of nominations and appointments in the past that would be now thrown into question. >> you can read the work at the hill.com and tweet him. thanks for your time today. >> you bet. >> next, senator charles grassley and senate minority leader mitch mcconnell. this is 15 minutes. >> i ask permission to speak for 10 or 11 minutes in morning business. >> without objection. >> i come to the floor today to praise the supreme court's decision to strike down president obama's illegal recess appointments. article 2, section 2 of the constitution provides for only two ways in which the president may appoint certain officers. first, it provides that the president nominates and by and with the advice and consent of the senate appoints various officers. second, it permits the president to make temporary appointments when a vacancy in one of those offices happens if the senate is in recess. on january 4 2012, the president made four appointments

>> i can't speak justice breyer. >> you don't know. so isn't this a problem that might be postponed because we have warring technologies etc. and you are saying now we should allow searches of small cell phones because there might be a technology that hasn't yet in fact been used in many of the states that have this rule. that sounds a little hypothetical and i'm not sure how to handle it. >> i think clearly the technologies available in growing technology to wipe funds remotely but the other critical problem that comes after the point about getting a warrant is encryption technologies increasingly being applied in cell phones. that's something that's clearly on the rise and when a phone is turned off corey locke kicks in and the phone in cripps it can be almost impossible to. >> let me stop you because you are making an argument in three related questions, okay? why can't you just put the phone or in airplane mode. >> can answer that one first? first of all is not always possible to find airplane mode on 500 or 600 models of phones th

i think that justice breyer in his dissent did a good job of raising that. i think that if you read the brief i filed on behalf of lawrence lezig, he is's done great research showing what the founders understood corruption to mean. i think the implication is what does this mean for other campaign finance regulations? does it mean the end of sort of any limits on soft money? what does it mean for state campaign finance rules? could it eventually lead to striking down those most basic direct limits on giving money to candidates? you know? i think that all of those are fairly open questions at this point. you know, i think finally, one point that i think is relevant to think about when we look at the court, the roberts court in general is sort of when you contrast with this with the voting rights act last term in shelby county where the court i think limited the government's interest in protecting the right to vote and for those of us who supported the robustness of the voting rights act in that case, it was disheartening to see chief justice robert's opinion s

. >>> a german arrest warrant was issued for 89-year-old joe han breyer. u.s. investigators arrested the retired toolmaker yesterday. breyer admitted to being a guard at the auschwitz war camp in warld war world war ii but he said he was not involved in the gassing of 200,000 jews there. breyer's arrest comes after a failed attempt by the u.s. feds to have hip stripped of his u.s. citizenship. >>> authorities a dzhokhar tsarnaev and his brother planted two bombs near the finish line of the 2013 marathon. tsarnaev's lawyers asked for the federal trial could be held in washington based on their survey of attitudes from potential jurors. the trial is scheduled for november. tsarnaev has pleaded not guilty but could face the death penalty if he's convicted. >> happening today in the v.a. scandal, a new report will be released showing about 10% of veterans have to wait at least a month for v.a. appointment. that figure is more than twice the number that the department reported last week. acting v.a. secretary sloan gibson call the increase unfortunate but he said th

justice stephen breyer, joined by five other justices, wrote the majority opinion reading a summary from the beforehand, he said, "aereo's system is for all practical purposes identical to a cable system." and cable companies under copyright law must pay for the use of broadcast programming. some networks had said that if they lost before the supreme court, they would consider moving their programming to cable or the internet. in a statement, a cbs spokesman said, "we are pleased with today's decision, which is great news for content creators and their audiences." aereo's c.e.o. called the decision a massive setback for the american consumer. when the case was argued before the court in april, some justices worried that a ruling against aereo could threaten the booming growth of the cloud, but, scott, in his majority opinion breyer said the court's holding is limited and will not detert emergence of new technologies. >> pelley: chip, thanks very much. well, we knew it was bad, but it turns out the u.s. economy was in worse shape at the beginning of the year than we thought. today, the go

johann "hans" breyer has been under investigation by german authorities for years. breyer has admitted he was a concentration camp guard but says he had nothing to do with mass killings. >>> and spain is greeting a new king after an extraordinary transfer of power. king juan carlos stepped down after four decades on the throne handing over the royal sash to his 46-year-old u.s. educated son felipe. felipe's wife is a former journalist and commoner. they have two young daughters. juan carlos said he wanted to let some younger blood help rally the country out of economic doldrums. >>> and speaking of spain, there's plenty of criticism of its national soccer team. the defending world cup champions were defeated by chile yesterday, 2-0. it was spain's second loss of the tournament, and it means they have no chance of advancing. spain finishes their world cup campaign monday with a meaningless match against australia. >>> and before that match in rio, about 100 chilean fans without tickets busted into the stadium and broke down the temporary wall of a media room. they we

sotomayor joined the conservatives on that and justice breyer went almost pointed.he said this is the return of what was called the lochner era the period from the 1890s and 1937 when the court was striking down economics regulations rather loosely. because if you strike down in ad economic regulation simply because it deals with speech in one way or another and it deals with information in our society is at the heart of almost everything. and using the first amendment in that way could give the court the kind of cover that is presupposed in your question. some people think that is exactly right. the fear in our economic lives is incompatible with the premise of liberty and other people think that meaningful liberty requires the government interference. they might rather dangerously in the direction that in 1937 we abandoned. it is crucial and critical. what is your view of some of the supreme court justices that have changed the wording of some of their opinions after their opinions are issued, you being an academic anacademic and i'm u study every opinion to see -

>> or there is another option, justice breyer. >> would you write that opinion, saying the senate of the united states has violated two provisions of the constitution? >> no, no. i don't think you need to write that opinion. >> all right. why not? >> because you might, perhaps, give the senate some deference with respect to requirements that apply only internally to the congress. but when what you're talking about is the senate's use of pro forma sessions in a manner that deprives the president of authority that article ii would otherwise give -- >> would it -- i mean, that's my basic question really. why is this an important case? i see what you're saying on this one. that's fine for an answer. thank you. >> so why -- >> what my really basic question is why is this an important case, in your opinion? now, you've said, oh, because there are thousands of recess appointments. not on the happen clause. you've listed 7600 or so, really, on the recess part, but on the happen clause, you've only been able to find 102. and moreover, we've had an example of where this court, for better or fo

i think that justice breyer in his dissent did a good job of raising that. i think that if you read the brief i filed on behalf of lawrence lezig, he is's done great research showing what the founders understood corruption to mean. i think the implication is what does this mean for other campaign finance regulations? does it mean the end of sort of any limits on soft money? what does it mean for state campaign finance rules? could it eventually lead to striking down those most basic direct limits on giving money to candidates? you know? i think that all of those are fairly open questions at this point. you know, i think finally, one point that i think is relevant to think about when we look at the court, the roberts court in general is sort of when you contrast with this with the voting rights act last term in shelby county where the court i think limited the government's interest in protecting the right to vote and for those of us who supported the robustness of the voting rights act in that case, it was disheartening to see chief justice robert's opinion s

i think that justice breyer in his dissent did a good job of raising that. i think that if you read the brief i filed on behalf of lawrence lezig, he is's done great research showing what the founders understood corruption to mean. i think the implication is what does this mean for other campaign finance regulations? does it mean the end of sort of any limits on soft money? what does it mean for state campaign finance rules? could it eventually lead to striking down those most basic direct limits on giving money to candidates? you know? i think that all of those are fairly open questions at this point. you know, i think finally, one point that i think is relevant to think about when we look at the court, the roberts court in general is sort of when you contrast with this with the voting rights act last term in shelby county where the court i think limited the government's interest in protecting the right to vote and for those of us who supported the robustness of the voting rights act in that case, it was disheartening to see chief justice robert's opinion s

this goes to justice breyer's question. you cannot write an ordinance that says intimidation, blocking, is prohibited, and still allow the kind of conversation that i described earlier and that i want you to assume to be true for the purposes of this question. >> your honor, we couldn't hear, obviously, because that wasn't the problem. the problem with making that fine of a distinction is that it doesn't address -- >> in speech cases, when you address one problem, you have a duty to protect speech that's lawful. >> you do, as long as your protection is narrowly tailored to your interest. >> i think what you have to say to this court is it's impossible to write a statute of the kind we're discussing now and this is justice breyer's question. >> it would be enormously difficult to write a statute that addressed the problem and the significant interest here where you are making that kind of a fine -- >> may i just ask a question about a distinction. let me give you this example. a woman is approaching the door of a clinic, and

and, justice breyer, i would urge you to look at the evans testimony at joint appendix 67 to 71. the hefernon testimony at 79 to 80. the coakley testimony of ja-51, and the capone testimony at ja-19. there are specific arguments as to why these did not work. the argument petitioners make here, your honors, is very, very broad. the lower courts have upheld buffer zones around political conventions, around circuses, around funerals. the idea that you could defeat those buffer zones by simply saying, i would like to have a quiet conversation with the delegates as they go into the political convention, would wipe out a number of court of appeals decisions and the kind of buffer zones that this court, i submit, and that the lower courts have found are -- are needed. >> well, how far do you think -- what do you think a state legislature or congress needs to find in order to establish a zone around some category of facility at which there -- they have some evidence that there have been some disruptions and some obstruction? >> take the example of -- i think it's -- it's a real -- real o

. >> but justice breyer, i think it is very important to understand, even if they're a cable company it doesn't make all the problems go away. they wouldn't be a cable company by very virtue they want to point to, user specific copies i don't think they qualify for the compulsory license. i think best way to avoid your concerns take them on directly. the reason the record company is not involved in public performance because it is not involved in any performance at all. that is different of course from an online music store which not only provide a download of something but actually performs it and streams it and allows it live. that is a basic distinction that is not only recognized by the second circuit in the as scrap case but -- as cap base case but real world the way the services are structured. if you provide download of music get services license or reproduction license. and streaming of music where you have contemporaneous live performance then you also get a public performance license. and -- >> is your definition, just breyer has already asked you, says he is troubled about

i think i disagree a little bit about the scope of breyer's opinion.hink he leaves a lot of space in that opinion to suggest that other cloud-based services also might fall within the scope of it. it's really unclear, and i think congress does need to act. >> now, i have a question about the differentiation between a public broadcast and a private broadcast. this was really crucial to defending this case. and now they're saying, basically, if you and i have the same show tunes library on itunes and we play it at the same time just because we have great taste, that's a public broadcast. that doesn't make sense, because we are as the users driving that. so, how are they making this distinction in order to make this very important precedent? >> phil? >> well, i think the precedent relates to monetizing that con te content. you may own the same show as your friend and own it together or separately, but who monetizes it? i think the question here was aereo was reselling the broadcasters' content, or any of the free over-the-air content, and not giving them

stephen breyer foud it enough to keep the president at bay. we hold that for purposes of the recess appointments clause, the senate is in session when it says it is, provided that under its own rules, it retains the capacity to trance act senate business. the senate met that standard here. boehner called that a victory for the constitution and against president obama's aggressive overreach. that sets the stage to move forward with the lawsuit. >> thanks for that. >> we have invited two congressional leaders to debate these issues which go to the core of our constitution. from virginia, the republican care of the house judiciary committee bob goodlatte, and hire in washington, whavier becerra. gentlemen, president obama dismissed the threat of a lawsuit saying house speaker boehner and republicans want to sue him for doing his job. here's what he had to say. >> my message to republicans is join us. get on board. if you're mad at me for helping people on my own. why don't you join me and we'll do it together? we'll do it together. i'm happy to s

justice breyer wrote for really -- wrote the main opinion for the majority that included the court'se moderate liberal members as well as justice kennedy. and what he did was he looked at the meaning of the words in the recess clause, the recess. and also looked at the purpose of the clause, which was to ensure the smooth functioning of government when there are vacancies and gave considerable weight to historical practices of presidents and the senate. >> woodruff: it really did come down to the definition that they could agree on of what is a recess. >> right. exactly. >> woodruff: what does it mean jarks is the senate doing or not doing during that period so that the president can make appointments without senate confirmation? >> exactly. and what the majority held here was, one, the president can make appointments during any recess that is at least ten days or longer. the issue came up that -- or the lower court had held only between annual sessions of congress, not intercession, recesses. but the court said any recess that's at least ten days or longer. the other issue that was

well, what's amazing is when you go into stephen breyer, who delivered the majority opinion for the court, they just did not buy aereo's claim that it was worthy of copyright protection. for example, in the opinion it says, "aereo claims it doesn't play shows for a user until the user directs it to do so. that means that aereo is only the subscriber that really transmits the program." the court majority saying in essence, "we believe that's too fine a point." very next page. in the opinion of the court, quoting now, "aereo's system is for all practical purposes identical to a cable system. both use their own equipment. both receive broadcaster telephone programs. many of which are copyrighted." and finally, again, that this was very much an aereo-specific ruling. the court saying in very plain english here, "we believe the resolution questions about cloud computing, remote storage dvrs and other novel matters are not now before us and in essence should await a case in which they are clearly presented." so that's the nub of the opinion. very straightforward. huge win for the broadcast netw

. >> the two examples that justice breyer gives are examples where we gave it a meaning that was different from what it said. [applause] [laughter] >> we don't have a case involving this particular issue yet. >> that's precisely correct, your honor. and it reflects the fact that the recess appointments clause and the appointments clause and all of the structural protections, again, are not meant to protect the branches against one another. >> what if i do place more weight on this? should we -- i mean, i do believe and agree with you on this point that this is basically a matter of politics for other branches basically. that doesn't help me resolve this. but it does lead over to this possibility. congress did pass the no pay act. then it passed the pay act. and in that pay act on this "happen" part, which i think is the strongest -- very strong for your side, but it defines the vacancy in terms of 30 days prior to the recess. that would take care of most of these. you see, if vacancy could be defined as something that stretches, because congress says it stretches in terms of pay for 30 day

. >> breyer's attorney tends to fight the extradition treat with germany claiming it's a violation ofonal law. he's being held at the federal detention center in center city philadelphia. >> philadelphia' largest newspaper is now have won i wasn't owner. a deal was finalized today giving ownership of the philadelphia inquirer, the philadelphia daily news and philly.com to philanthropist jerry lend fest this after the family of his late partner lewis katz sold its stake. lend fest and katz bought the newspaper last month but katz died in plain crash just days later. >>> the 2014 special olympics usa games are underway in new jersey and today there was a special program for the kids who are too young to officially compete. fox's matt king was there as they got to check out some of the events to see if they'd like to be a future special olympic athlete. >> reporter: picture amy clark because it feels nice to have the wind in her hair, cheering crowd at her back and ultimately a medal around her neck but she also brought her talents to this new jersey track on this scorching hot race day

justice stephen breyer writing for the court said the president should not have the authority routinely to avoid senate confirmation. the real impact of today's decision would only come if republicans win control of the senate in november. but, scott, for right now, there are enough democrats in the senate to confirm any nominee the president might put forward on a party line basis. >> pelley: bill plante, thanks, bill. you know, we're were curious. it turns out other presidents have made many more recess appointments. bill clinton made 139 during his two terms; george w. bush, 171. so far, president obama has made 32. well, the numbers ran against team usa today, but the team was all smiles anyway after losing one-nil to germany in the world cup-- all smiles because they still advanced to the next round. a lot of us took a recess from work today to watch the u.s. soccer team play. 4,000 people jammed a viewing party in orlando, florida. san francisco had a public screening at the civic center, and these fans in las vegas, well, they must have had money on the game. elaine quijano was l

. >> quick detail, justice breyer even arbitrarily said a break in the session should be at least ten days. the one obama was citing was three days. and the liberal justices simply couldn't swallow the idea that's a real recess. >> what's the practical implication of this for the president's power to appoint, make recess appointees, the whole point of which was to say, congress, back in the founding days took two, three months to get to washington so you have to be able to fill the government. but that need has really been obviated now with mass transportation. >> right. the original purpose of the exception to the advice and consent power has kind of disappeared over time. it leads the white house weaker with this decision, t. the senate kind of has a guide to preventing recess appointments if that's really what they want to do. these powers are sort of going to always be intentioned. the senate is strengthened against the executive. >> so if the senate is controlled by the opposite party of the president, they can basically stop all recess appointments except for every two years wn

a man on for jose a breyer. >> it's one depot off the left-field wall.ey hold on to win 6-5 and improved to three and half games out. giving us a chance to win. he has been great. the changes for him has really been a factor that has got him to this point. the more he pitches he's able to throw it more often in different towns. the cup starting a 10 game road trip. the national league mvp to run home run to the opposite field. his eighth of the season. doubles down the line. he went through for four with two rbis. the cubs lose 6-2. they fall 10-22 on the road. >> on stopple between the pipes. making 32 saves for his second shutout of the playoffs. the kings win 3-0. that is a look at sports. it warm up yoco the food and drug and ministration will release new guidelines and infant formula. companies will be required to test for salmonella and other bacteria that can cause children to get really sick. manufacturers will have to prove their formula supports normal physical growth. they'll have to be in full compliance with the new rules by september. >> th

breyer's opinion, he compared aereo quite a bit to a cable company. is that a fair assessment in your vie

justice breyer's dissent appears to adopt this argument. this is a very troubling argument, and those who cherish the first amendment must push back strongly and vigilantly. this notion that the first amendment poses a duty to limit speech to protect democracy turns the free-speech guarantee on its head. other provisions protect the integrity of the process, but the free speech clause of the first amendment protects debate -- unfettered debate so the other provisions can work. this notion that too much speech is undermining democracy is in accurate on several levels. the rich do not advocate a single viewpoint. think of sheldon adelson and george soros. they do not agree on anything. there are strong voices on the left and on the right, not just in privately funded campaign advertisements, but also in the broadcast in the print media. only a small portion of those with significant resources, even bother to participate in debate. among those of limited means portion is small. in order to equalize debate among the haves and have-nots, severe

and that the art of justice breyer breyer's opinion on purpose or not the president can evade the restriction in the majority opinion because it depends on the idea that no senator will object to the existence of a quorum. we don't have to debate the her its of it. there's an open question about the consequence. okay. a professor at my law school, washington college of law and an expert in constitutional law and many other things. runs the sjd program there and an expert in issues related to race and the supreme court. we did have one really important race related case this term that's kind of gotten buried and lost in the shuffle. maybe decided earlier. but it tells us a fair amount i think about where the court is at on the questions and relates to other cases that you can discuss, i'm sure. the schutte case, the voters of michigan announced they were going to change the constitution to forbid affirmative action, including particularly race-based affirmative in higher education and some other things and had the consequence of overruling a prior question saying the michigan law school