>> justice breyer i think what you just described as a rule for all cases and it's one that is entirely an administer vote for courts and lawyers and applicants alike. >> is it on administer both to say if the employer believes thanks this woman is religious in nature and accommodation and he is right unless you have an excuse. >> your honor that is an administer a boat because the eoc does not explain what level of certainty is required for

tim grucci and very distinguished company with judge stephen breyer and justice stephen breyer and judge robert bork. and he says breyer bork and roosevelt to the constitution as concerned primarily with fostering democracy and in the majority -- very honorable company but reminds us that really judge bork, like justice breyer, embrace judicial restraint, and there's a strict division among conservatives between you call yourself a judicial activist who unapologetically choose the courts to strike out much a derogatory state, and judicial restraint conservatives like justice scalia judge bork, and i think even justice thomas has rejected the idea so you don't have a single real ally on the court except perhaps justice kennedy is more sympathetic to the constitution of liberty but does not erase the idea of unenumerated natural rights being enforced. so i ask you kim, along with bork and breyer the leading critics of the thames view you have four reasons for why this would be constitutionally disastrous and is not merited by the history of the constitution. why don't you give us some of t

breyers also has your kids in mind. the company says it is now only using milk and cream made without artificial growth hormones. it is also planning to start onlyy sourced and certified vaa beans. >> breyers is one of the most popular and common brand names, but still so good. they always mainta greepts mint chocolate chip, my favorite. >>> a lot of folks are still talking about music's biggest night. nine of the top ten trending topics on twitter right now are grammy related. >> one musician wound up shining a little brighter than the rest. sam smith won four of the six grammys he was nominated for. beck took home the top prize album of the year for morning phase. the other big winner beyonce picked up a trio of grammys. is he now has 20 at home. she is kind of like queen of the world at this point. this is one of the biggest surprises of the night though. that is "saturday night live's" alum kristen wiig performing while cia sang her hit chandelier. apparently this was a parody of the actual music video. but she's do

and it was particularly the questioning by justice breyer and scalia. it was clear that justice breyer thought there was something different. more coercive if the judge is actually doing the solicitation. whereas it was very clear that justice scalia and other justices thought that, well, if the whole idea is to avoid quid pro quo corruption, how are you going to do that when the candidate not only can write thank you notes to those who have given them letters but can actually give a list to his or her committee of who they should contact to do that. is that a -- you think that's a really crucial issue in how the justices are going to decide this case? >> i think it points out how difficult it is to really claim their significance here as far as the distinction. that the -- florida's trying to draw. because florida would allow the following. i'm a personal friend of the judge who has asked me to serve as his chairman of his campaign committee. he has given me your name to ask that you contribute. and i'll of course, be reporting to him. and if you contr

. >>> recall now from breyer's ice cream.reyer's says it's no sugar added carl hem swirl ice cream may contain almonds anyone allergic to almonds of course at risk. the tubs in question have a sell by date of november 29th 2015. for more information on what to do just head to myfoxphilly.com and click on as seen on tv. >>> here's good news for adults. naps are not just for kids any more. latest study on shoot snooze a quick nap may even improve immunities. with that in mind dr. oz shows us thou take the perfect power nap. ♪ >>> i'll be honest i cannot get through my day without a short nap. it's one of the best ways to enhance mental collar rat and wipe out fatigue. i'm not talking about curling up on the couch and snoozing for an hour or wolf start by setting your harm for 20 minutes. it's the perfect amount of time for light restorative sleep. if you sleep longer than that you'll feel groggy. sip coffee before settling down. the caffeine takes about 20 minutes to take effect. so it will kick in as you are waking up and fina

o'connor, you have six minutes left. >> thank you justice breyer. it was much better than i said it. i think the point was well made. >> what do you think about her response? because i thought it was -- she has an interesting point. i mean the important point. she said you know, the trouble with what i said which was you think is okay? she said it's -- here's what's really going to happen is that the police will think gee i just better be sure those dogs get here in time. and so what they'll do is tend to prolong the stops. and they'll want to be sure the dogs get there. and so if you really added all this up and thought about it even experimentally the class of stopped drivers where there are hunches is going to end up waiting longer and being in custody in a sense longer than if we follow her approach, and her approach is just to say hey, apply reasonableness across the board. a few extra minutes isn't that big a deal. i took her answer to be something like that and i thought it was -- it is a point. it is a point. so what do you think? >> well, w

. >>> we're watching another winter storm as it breyer northeast.n massachusetts, they have seen more than 60 inches in the past two weeks. conditions are grounding hundreds of flights including dozens at three d.c. area airports. coming up we'll take you live to boston where dylan dreyer is tracking conditions on the road. fortunately our story here not about the snow. >> we are watching chances for showers in your neighborhood as the wintry weather moves back in. tom kierein here with your neighborhood forecast. >> and i just hit 10,000 followers on twitter. i want to thank so many of my followers for posting photos like this. this has helped so many of our. this was the sun rise surreal over the chesapeake bay on saturday morning. sonia wagner one of my twitter followers. i love opposing these on twitter. thank you for all of the follows. now passing 10,000 twitter followers as of right now. storm team 4 radar getting a few scattered sprinkles now in northern virginia eastern parts of west virginia and up into northern marylan from frederick down

>> justice breyer i think what you just described as a rule for all cases and it's one that is entirely an administer vote for courts and lawyers and applicants alike. >> is it on administer both to say if the employer believes thanks this woman is religious in nature and accommodation and he is right unless you have an excuse. >> your honor that is an administer a boat because the eoc does not explain what level of certainty is required for believe. >> this is correct you have to prove he has a believe. probably in 250000 federal cases a year those 80,000 to go to trial prove that someone has to believe is probably an issue in 90% of them. i am making up that number but nonetheless i don't think it's uncommon in the law that you have to prove it so they say the standard believe is like in any other case. >> you are dealing with something that is a religious belief which is inherently personal to the individual and to charge employers with title vii liability and require them to come to an understanding of whether a practice is religious or not. >> mr. dvoretzky suppose an employer does

breyers is recalling its no sugar added salted caramel swirl. it may cape alontain almonds or tree nuts that are not listed on the label. >>> a new report on teen drinking in pennsylvania shows teens are getting mixed messages when it comes to alcohol. most elementary through high schoolers say they think underage drinking is wrong, however fewer than half of all families in the state have clear rules about alcohol use. nearly 75% of high school seniors have already used alcohol. pennsylvania students are below the national average for binge drinking. >>> it's pain that could have been prevented. >> and it's the reason to take what we tell you here on the news and the weather very seriously. >> it was like a bubble on my leg. >> a little girl feeling the sting of old man winter. today how her story can spare from you suffering. >>> the cold isn't the only winter weather concern. i'm tracking saturday's snow p. find out how much you can expect. >>> the schuylkill river getting administer and more frozen. when the delaware gets totally frozen othe

i could, as justice breyer said quarrel with that conclusion. but that is in application, not in the standard that disparate impact imposes. >> but what objective standard is there to measure whether something is a substantial interest in the housing context? that is why disparate impact liability can lead to the functional equivalent of a quota system. if i could reserve the remainder of my time for rebuttal. >> thank you, counsel. mr. daniel. >> mr. chief justice, may it please the court, the remedy in this case is consistent with the interest in revitalizing minority areas. this case shows that there is nothing about -- >> we are not talking about this case. why don't you get to the real issue? >> the legal issue is, unavailable. you look to see how many units are available and count them. that is how many units are available. that is a result. it is clear from the congressional record, congress is concerned about making units only available in low income minority areas that it calls ghettos. the remedy -- >> is it the unavailable word that i

. >> she said it was up to kennedy and justice breyer to keep her awake.something or other. >> today opus one winery in nap an pa said it was delighted to learn they were included in such an important meal. >> spencer christian, our resident wine authority has probably. tasted opus. >> you notice he's fully wake for the forecast. >> i hope a world class wine. i've had many, many sips. let's take a look what's going on with our weather before i doze off. we have a winter storm warning in effect for much of the northeastern u.s. a blizzard warning for coast counsel new england beginning at noon tomorrow and continuing to 7:00 a.m. monday. another winter storm pounding the northeast. winter storm warning for the inland and interior sections of the northeast from 3:00 p.m. tomorrow to 11:00 a.m. sunday. another big storm headed that way. you can see on our national map tomorrow snow moving out of the great lakes into the northeastern corner of the nation. much of the remainder of the states will be under sunny skies and rather calm conditions. that includes th

now, i have justice kennedy on one side, justice breyer and sort of timid about that. >> they sort of-- like that. they don't pinch you. >> right. >> i mean, you have to give them license to pinch. >> the audience for the most part is awake because they're bobbing up and down all the time. and we sit there and stone faced. sober judges. but we're not at least i wasn't 100% sober because before we went to the state of the union -- we had -- we had dinner together. and justice kennedy brought in -- >> that's the first intelligent thing you have done. >> well, there was a time you came to those dinners, especially a very fine california wine and i vowed just sparkling water. stay away from the wine. but in the end, the dinner was so delicious, it needed wine to accompany it. so i got a call when i came home from one of my granddaughters and she said, bubby, you were sleeping at the state of the union! >> rbg would have drunk the whole thing. thanks for watching. jim starts after this quick break. meet the world's newest energy superpower. surprised? in fact, america is now the world's nu

but way before that, you clerk for supreme court justice stephen breyer and talk about even before that, how you came to be involved with the internet. give us a brief background. >> back in the early days, i was in silicon valley in the early 2000's right when the big center of the boom. i worked for telecom company who made the stuff that was going to attack or destroy net neutrality. we were trying to sell it to the chinese government to sort of sensor stuff and trying to sell it to american cable companies. i was a fairly loyal employee. after a while i said, this is going to make internet terrible. even earlier than that, i had been a computer programmer, a good old-fashioned computer geek. i saw this as a threat. when i conducted deem you to the first thing i said was, we need this principle called net neutrality. nobody paid attention. it caught on somehow and 13 years later, i guess. starting with that innate sense -- the idea the internet would become like cable television, it is kind of this crappy -- sorry. just whatever makes money is feeling thing that survives. i thought,

similarly justice breyer said these are political problems, not constitutional proshes. the point i'd like to stress, the mere thing that washington is gridlock doesn't him something. powers over discretion, but the next paragraph says, but the case may turn, quote, on the acquiesce of an individual case. it says in the opinion, justice kennedy, the equities of an individual case. this is one on a case-by-case basis. thank you. >> professor foaly let me quickly expand on one other thing you mentioned. the federal district court in texas made this distinction between the federal government simply not enforcing immigration laws on removal of an individual and taking the next step of actually providing lucrative benefits to unlawful aliens and that seems to be an incredibly stark precedent here. could you expand on that a little bit? >> oh, absolutely. i mean, the benefits is the classic example of why you don't want to start going down this road constitutionally with the president. because think about what he's doing. he's first of all publicly announcing to everyone that

that there were riots in pakistan, that people were killed and justice breyer commenting off the record said he thought that might constitute the sort of clear and present danger which could justify even under american law a limitation on the person doing it. i do not think he is right. i do not think the court can say that that would be the law but these are not easy issues. for an american lawyer, it is interesting to compare it to our law to french law. french law is more complicated. i use the word deliberately looking at my wife here, i recall a trip that she and i made to istanbul wants from paris. we were talking to a french diplomat. it was the time of gary hart running for president and getting in also its of terrible trouble because of personal activities of his, and we were chatting about it and he said to me we do not understand in france why you're making such a big deal about who gary hart has sex with. our prime minister has a very complicated personal life, he said. compared to american first amendment law, france has a more complicated law with respect to this area as t

breyers has issued a nationwide recall on allergy alert of one specific product.ne and a half quarter containers of no sugar added salted carmel swirl. it may contain almonds that are not listed as an ingredient on the label. that's cnbc news update for this hour. for now melissa, back to you. >> thank you, courtney. >>> a final oil trade for the week. let's get to jackie deangeles in the oil pits with a close. jack. jackie. >> hi. reporting from the nymex. i'm jackie deangeles. we got the oil closed here. we're looking at april crude right now. down about $1.03. a couple of things i want to point out from the down side pressure here. first of all, the iea report -- the eia report showing that crude stocks earn a record high. 425.6 million. also the numbers that we saw out of pushing a six-year high. these all putting pressure to the down side. we did get those rig count numbers out as well. down but less than expected. traders saying that if we break through this 50.40 level in the electronics session or potentially on monday you will see the 40s again from here.

. >> the way justice breyer has said this, what he's saying is you can't unreasonably prolong it. you can't hold a person any measurable time that was in there to get the dog. and yes, it has to do with the resources the police department but we can't keep bending the fourth amendment to the resources of the law enforcement particularly when this stop is not -- is not incidental to the purpose of the stop. it's purely to help the police get more criminals, yes but then the fourth amendment becomes a useless piece of paper. >> i think if you take what i said and take your answer, i have to say your answer is right. it's just a bad effect of my rule. the virtue of the two part rule is what we said is the virtue of it. it's like many cases, there just isn't much more to say. am i willing to run this, they might purposely change the sequence. they might. that's true. somebody might. i don't know what to do about that. the answer is i couldn't do anything about that. >> well, we think there's a law enforcement interest in officers having leeway to sequence the stop the way they see fit

the maker of breyers is recalling a no sugar swirl because they may contain almonds or other tree nutseration more than 60% of those surveyed are expecting a tax refund and 47% said they plan to put the money into savings. among those who will spend it, 13% plan to take a vacation. apple is getting into the car business. they are hoping to begin production on an electric car by 2020. nothing official from apple on this. you tube is ready to launch an app for children that will launch on monday. that's with family friendly contend and controls that shut down after a fish tale that one teenager will be telling for the rest of his life. a marlin at 1,058 ought off the coast of kona hawaii. i want regularity. of course i do, it's a big part of good digestive health. can't i just have regularity without having to think about it, let alone talk about it? benefiber conveniently helps support good digestive health and maintain that word. benefiber is all natural, clear, taste-free and dissolves completely. you know what benefiber tastes exactly like when you put it in water? water! the only wa