cole: so, justice breyer -- justice breyer: and if that's not good, what is? mr. cole: so, justice breyer, i think the colloquy with my opponent with respect to whether a cake artist is different from a makeup -- makeup artist, or whether a highly-sculpted cake is different from an unsculpted cake illustrates that it is just not possible to develop doctrine based on how expressive, how artistic the speech is. and that's -- justice breyer: fine. then what do we do? mr. cole: this is what you do, your honor. you do what you did in o'brien, in ccmv, in fair vs. rumsfeld, and in turner broadcasting. and what the court has done when it's expressive conduct, because that's what we have here at most is expressive conduct, we don't ask is it expressive from the perspective of the baker or is it expressive from the perspective of a customer. we ask what's the state's interest in regulating? what is the state doing? and if the state is regulating conduct because of what it expresses, well, now that's strict scrutiny. that's -- justice alito: are the words on the cake expres

we just want to -- i think this is what justice breyer's question was -- a free market. so, is that enough responsibility the federal government has taken? mr. olson: i believe it is not because i does the situation where the congress would be saying, we are choosing to regulate states. we are telling states, you may not participate in regulating commerce taking place in your state. we don't want to take any responsibility. andant to put the burden expense and accountability all on the states to do so. this is quintessentially what >> i guess what i am asking is that you are suggesting that the federal government has to itself enact some kind of comprehensive regulatory scheme. the question is, what would we be looking for, if that were forecast? -- our test? when do we know they have -- in order to allow preemption of state rules? say inonly thing i would response as a predicate to answering your question is when you think sufficiently comprehensive, to the state that the federal government has taken responsibility to regulate in that field, what's it has done so, it ca

but justice breyer, that is an area of essential example of the government taking responsibility for how airlines flew and deciding in certain areas, yes, it could be preempted. >> what does that mean? what would you be looking for when you say the federal government took responsibility? supposed that the federal government had just said, we don't want states to regulate, we don't want to regulate ourselves, we just want -- i think this is what justice breyer's question was -- a free market. is that enough responsibility that the federal government has taken? becauseieve it is not, that is a situation where the congress would be saying, we are choosing to regulate states, we are telling states that you may not participate in regulating commerce that is taking place in your state. we don't want to take any responsibility. we want to put the burden of an expense and accountability on states to do so. --s is quintessentially >> here is what i am asking, mr. olson. you were suggesting that the federal government, in order to preempt state activity, has to itself enact some kind of compre

the brazilian government says it had blocked boeing from taking control of and breyer the brazilian own plane maker is in talks with its biggest american rival the use igniting shares of embraer is the acquisition would go through it would help boeing expand its reach into the heavily competitive market for small regional jets. bigger is not always better for the world's largest aerospace company boeing is in talks to buy embraer a brazilian company specializing in smaller jets according to media reports boeing is hoping to acquire a controlling stake to deal with allow both companies to cut costs in their supply chain and boeing could expand its foothold in the small to mid-sized regional jet market. aircraft makers from canada china russia and japan are competing in this growing market segment boeing is also facing pressure from world number two air bus in october air bus announced a joint venture with bombard to expand its regional jet production but boeing is already facing headwind both at home and abroad the deal would see the company move some of its production outside the u.s. a

i think justice breyer can negotiate with the iranians. if anybody could slay them with moderation, justice breyer to do it. justice general ginsburg could be an admiral and defeat isis. president trump could become chief justice after chief justice roberts retires, of course. chief justice trump and president trump, i think the first thing he would do is make the supreme court great again. he would build a wall around the court. he would get mexico to pay for it. thank you so much. [applause] >> iranians can draw the conclusion. they don't like free press. free press criticises them. second is rule of law. they do not like rule of law. that has given me a perspective. from having no liberties to all these civil liberties. what a moment it was when i took the oath of citizenship. speaks too much adnd the dignities enshrined in our bill of rights. booktch it on cspan 2's tv. >> historian daneil feller revisits andrew jackson's bank war. an effort to cripple a powerful bank from the united states. the first inkling of trouble came when he he

if anybody could slay them with moderation, justice breyer to do it. justice ginsburg could be an admiral and defeat isis. president trump could become chief justice after chief justice roberts retires, of course. trump andice president trump, i think the first thing he would do is make the supreme court great again. he would build a wall around the court. he would get mexico to pay for it. thank you so much. [applause] announcer: you're watching american history tv, 48 hours of programming on american history every weekend on c-span3. follow us on twitter for information on our schedule and to keep up with the latest history news. day,nday on c-span skew a hoover institution senior fellow -- and federal title i tiedemann programs. >> and title my program stem from the basic human desire to help someone -- and title -- entitlement programs state from the basic human need to help other people. the basic desire you and i have. also, the desire to be reelected. someone said entitlement is put in place, the game has changed. interest groups form around pro

stephen breyer -- this stephen breyer's office. >> this is where the clerks are. our messenger and such. they are here for a year. i have four clerks. they are valuable. indeed crucial. brian: your office looks like that? tiffany: a little different. i know that office well. all of us stick together. brian: how can you write, think and read while you're there together? t.ffany: i didn' i would write when other people were not around. most of my writing got done very early or late at night. it is hard because in some threet is good to have brilliant people who are your colleagues. this clerks of the court, i was impressed with how smart they were. to have people who can talk through any legal issue, in some ways, that makes it easier. brian: if i understood you write, there is one black out of 36 when you were there. why? tiffany: there are so many answers. that is something the federal courts have really struggled with. on any given year, there are 2.5% african-american clerks in the entire federal judiciary. latinos are worse. 1.2%. at the court it is especially

. >>> still to come, move over, through a new costume marty in town tanya breyer will be talking aboutashion awards with nadja swarovski. >> fashion is so important fash slun ion is at the root of swarovski. our first client was queen victoria the fashion industry is crucial to us. we are trying to adorn and glamorize our own clients within the fashion industry but also we are trying to create that bridge between what the fashion industry has to offer with swarovski and what the jewelry has to offer to customers. [vo] progress is an unstoppable force. the season of audi sales event is here. audi will cover your first month's lease payment on select models during the season of audi sales event. somesend you and your family overwhelrunning. y can... introducing febreze one for fabric and air. no aerosols. no dyes. no heavy perfumes. it cleans away odors for a pure light freshness... so you can spray and stay. febreze one, breathe happy. and i'm the founder of ugmonk. before shipstation it was crazy, like... it's great when you see a hundred orders come in, but then you realize i've got a

julie: breaking news that involves a development we talked about earlier today, b billing and breyerks. it was earlier reported by the wall street journal. rj, they were halted. here is the news that we were awaiting. the shares have surged 17.5% on the journal report, and we are getting confirmation that the two are in talks. david: and they have a big project, so it seems that international manufacturers are really teaming up. should mention reuters are reporting that the brazilian government to set not to be involved in these talks, though it would have to approve an acquisition by boeing. robert mueller has not uttered a single word in public since may. we will tell you why his strategy is helping him avoid the pitfalls of his predecessors. this is bloomberg. ♪ david: breaking news now out of washington. it reports that president trump will sign attacked bill tomorrow if the take go to is resolved by then. we will go right to capitol hill to stephen morris who is reporting there. as i understand it, you need 60 votes. they are on the cusp of a deal on the larger spending issue? >

on both sides, and there was a concern expressed by several and perhaps best expressed by justice breyer who said, where do we draw the line here? how do we draw it so that we don't undermine all of our anti-discrimination laws? and the reason he raised that, we saw through a whole rash of hypotheticals posed by the justices, for example, if this baker because of religion can refuse to bake a cake for a gay couple, what about the florist who creates the floral arrange. s for the wedding? what about the make-up artist also feels that he or she is an artist, like jack phillips is an artist in his cakes, what about the tailor who makes the custom suit for the groom, and on and on. justice ginsburg at one point said, "i don't think you can draw the line." she said that to the trump administration's lawyer, who is supporting the baker, the solicitor general of the united states. he tried to say that this case can be decided narrowly. it affects a small group of people. but as the hypotheticals showed, there were a number of justices who didn't believe it could be decided narrowly. >> yang: na