frederick: yes, you can, justice breyer. and i would point out that the state here has carved out the questions about managerial discretion. managerial policy cannot be bargained for. the state's budget, that can't be bargained for. so what we're talking about is justice roberts: well how does -- mr. frederick: how you manage the workplace. justice roberts: how do negotiation over wages not affect the state budget? mr. frederick: your honor, what essentially happens as i understand it is that either the budget is set and the negotiation occurs within that parameter or the governor takes the collective bargaining agreement to the state and the legislature decides to either ratify it or not. justice roberts: so the public unions do not engage in advocacy with respect to the state budget to the extent that impacts the available wages? mr. frederick: i think -- i wouldn't put it quite that way. what i would say is that of course most public servants are underpaid, and i will stipulate to that before this body. mr. frederick: and

cole: so, justice breyer -- justice breyer: d if tha od, nogoat 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

justice breyer was adjusting his microphone. the chief had a sort of stand up and wave everybody to sit back down. everybody was laughing. justice breyer started out with a big grin, saying i realize it's only an antitrust case, but some of us think it's important. [laughter] justice thomas, who just delivered the majority opinion and who sits next to him, had this and norma smile on his face and was lasting -- enormous smile on his face and was laughing at justice breyer's joke. and then brian delivers an opinion basically saying that thomas had swallowed the snake oil that the lawyers were selling. ariane: breyer was an antitrust law professor. when we realized that justice breyer was reading a defense from the bench, the reaction was you got a be kidding me. arthur: people often say the whole court really changes with every change of personnel on the bench. is that consistent with your observation? if so, how has the court changed with the new justice this last year and a half? or is it just that there is a new justice? amy:

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breyer: all right. the question is you gave me three reasons. the third one i'm rather dubious about. the first two i'm incapable of evaluating at the moment, so i want to know where those reasons appear. in what document shall i read the reasons that the b.i.a. or whatever these organizations were, why they did change the old system, and i will find there what you just said, so i will be able to think about it, what document says that? frederick liu: well, there's no document i can point to you, other than the b.i.a.'s decision . stephen g. breyer: no, i didn't find those reasons there. are they there? frederick liu: the b.i.a. didn't specify. stephen g. breyer: well, it used to be there was a famous hot oil case, which you know, and they discovered that the reasons or the agency rule and so forth was in somebody's desk at the interior department and had never been published. that was the end of that case, by the way. did they, in fact, publish this anywhere? no is the answer. and so, if they don't really give a reason, and i have a hard time u

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i for one like justice breyer and concerns. how do we ensure it is not? what are you personally doing to represent to us this is the real waiver process? >> the department counselor officers automatically apply with every application and they are doing that there are 430 waivers issued. >> you bothered to see if there were reasons for those exclusions? >> i cannot claim i have looked into every individual case. >> please make your 1152. - this addresses one thing, the issuance of immigrant visa it does not address the broader question whether somebody is allowed to enter in the first place that is governed by 1182 including 1182(f) that sets the universe of people that are eligible to come into the trinhe first place often a foreign policy national security judgment 1152 a1 a governed how we distribute the visa with a group that is eligible it isn't just nationality but also like place of residence so once you have those eligible people a wine a governed how distribute them but assume that you disagree all that means is we have to implement proclamation i

justice breyer is -- he falls more into the category you're talking about than justice kennedy. justice kennedy is far more wedded to his principles than maybe justice breyer is. >> one of my reactions to that question is that question could be asked of virtually every justice. unfuneral. regretably. every modern justice. justices i think can be better explained by their principle -- their underlying principles which is what helen's book is about with respect to justice concerned than by the text of the constitution itself. even those justices who are more textualists than others -- there are some, obviously -- tend to have -- leave themselves method'ologial out under more than one sicker you don't have to follow the tex. with respect to precedent. you have precedent you like that has misinterpreted the text but you like the precedent you follow the precedent and be consistent with evidence inology and inconsistent with the text. since every justice gives. thes that out you could ask that question but every justice. >> i expect you have in mind justice school where justice scali

breyers. simplemente vainilla deliciosa. la alerta continua . autoridades advierten que estÁn descendiendo del volcÁn de fuego grandes desprendimientos conocidos como lares, una combinaciÓn de roca de hasta y troncos de Árboles que salen de la ladera a altas temperaturas. uno de los pilares mÁs grandes se dio el 13 de noviembre del aÑo 85 en el volcÁn nevado del ruiz en colombia, donde perdieron la vida mÁs de 30,000 personas. borja: la prensa que muchos nos hacemos es, se pudo haber evitado la tragedia del volcÁn de fuego? nos hacemos esta pregunta despuÉs de que muchÍsimas personas dentro y fuera de guatemala, porque muchos de ellos consideran que hubo un error en el protocolo de aviso . vamos a escuchar como el congresista mario, quien fue ademÁs presidente del congreso de guatemala en el aÑo 2016 recrimina va el grave error que evito salvar vidas. el congresista se referia a tweets cuenta oficial de recib instituto sismologico y eliminado de la red social.nos congresista jairo flores, que ha estado en todas esas reunione

justice breyer: i see that. the reason i want you to continue this is that many of the civil rights laws, not all public accommodations laws, though -- there are exceptions, like, for example, with housing, a person's own room, for example. and what people are trying to do with exceptions is take the thing you're worried about, where they are genuine, sincere religious views or whatever it is, and minimize the harm it does to the principle of the statute while making some kind of comprome for pe osincere belr ide. and we find that in a lot of them, but that's primarily a legislative job. and my impression of this is there wasn't much effort here in colorado to do that. justice ginsburg: and your -- justice breyer: my problem is can we do that in any way, or is here any way to get to a ple that without harming the law, and its object, which is fine, you can have narrow kinds of exceptions for sincere, etc? do you see what i'm driving t? mr. yarger: i do. justice breyer: and i can't think of a way to do it. maybe

come to the united states to save her life but then one night aa waiver justice three --ye justice breyer interviewed how the denominator over the publication of the process in the data that we do have a make this is a question of remedy. we have a ride of this cosmic conjunction not related that is a new development work with anybody anywhere in the world.y what do we do about that? greg obviously has been and in that context the contraception case this is been to put there in the drivers the been to put there in the drivers the i get why our fundamental point and that this executive order transcend thecu limits which every president has done so pick and choose what heep doesn't want. you can have an extra five minutes. >> okay. [laughter] you don't have to make it there any other question and i thank you counsel five minuteses rebuttal? mac mr. chief justice me please the court i really have just a few key points unless you have additional questions. justice breyer respond in detail about the way for the department does publish but if they are in a principled and you never get to thehe

>> justice breyer, that is the crucial distinction. i agree with you on the sauces for the goose and the gander. but when you are performing a medical procedure and you're making disclosures about your own services, what the plurality opinion in casey says, this is page 80 -- >> if it's about doctors, i agree with that. >> that's right. >> but i think for most people you'd think family planning, you know? family planning. that's the category. and the woman will make a decision, and then the state can tell them some things they have to say. and we know we can tell them about adoption, they can make them tell about adoption, so why can't they make them tell about abortion? >> because, justice breyer, when you are going in to have a procedure and you've got to make certainties closures, that's a disclosure -- >> i'm sorry -- >> let him finish the answer, please. >> then it's a question of how much you have to disclose g casey drew that -- >> but, mr. wall, why -- go ahead, i'm >> you've got to make an informed choice, and all of a sudden

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breyers. simplemente vainilla deliciosa.en cafÉ que es 5 de junio de 2018 y estamos apenas a 9 dÍas del mundial. >> ya, ay! dios mÍo que emociÓn. >> cÓmo es. >> ahÍ estÁ (risas) 9 dÍas para el mundial que bueno, oiga el uso de celulares y dispositivos electrÓnicos puede crear adiciÓn, esto lo sabemos, pero es algo preocupante tambiÉn para los padres porque afecta el desarrollo de nuestros hijos es decir que los padres tambiÉn seamos adictos al celular es un gran problema por ejemplo ahÍ tenemos un ejemplo. >> perdÓn concreto pero mucha ves estamos preocupados que los hijos no sean adictos al celular pero quÉ pasa con los padres que estamos adictos al celular. >> vamos a tener una confesiÓn que hace marÍa al perder un hijo de sergio a un drndrade les muya confesiÓn que hace. >> sÍ, vamos a ver el video que compartiÓ el arjona de esta bebita rescatado por es rescata por el cuerpo de bomberos y este bebÉ calmado y me sacÓ las lÁgrimas a todos conmovedor. >> dentro de tanta tristeza que podamos ver un video en momento de esperan

justice breyer went off on a different issue-- waivers. and i think yeganeh is going to address that. he would like to have sent case back to the lower court to get evidence of whether the federal government is applying waivers the way it says it is. he said if it isn't, that's further evidence of religious discrimination. >> woodruff: so, yeganeh, let's pick it up there, and look at wfet the immediate e of this ruling is. >> so the immediate effect is the policy that's been in pla since around december is going to move forward. you'll remember the supreme court allowed thea travel bn to go forward in full effect iny eaecember, pending its final ruling. and so we've seen now over the last few months the evidence of what the full, you know, travel ban ll look like in practice. what that look likes -- i had enlculated some of the numbers the state deparhas been issue, regular visa numbers in terms of how many they're issuing. and under the five countries g vered by the travel ban are receiving somethke an 88% drop in the number of nonimmigra

i guess the real question that justice breyer may be getting at and i would like your help on it too is the xafrt -- comparative difference. states may force internet providers to provide information like colorado does that enable them to collect tax from the taxpayer. the real delta here isn't no duty at all on the internet supplier versus collecting sales taxes. it's something like colorado's regime collecting sales tax. do you have any information at all as to which is a lesser burden. i wondered whether the colorado regime might be more burdensome to clients like yours who do sales over the internet than just simply collecting the sales tax itself. >> the colorado regime is much less burdensome. >> do you have any data on that? is there anything at all that tells us that? >> well, that only goes into effect this year. the annual reporting requirement hasn't arrived yet. it doesn't arrive until next year. and so there's no empirical evidence in that regard. but the reported requirements for the colorado law simply requires a single annual spread sheet reporting of all the purchase

while slovenian philosopher as love voyage eject torcall and breyer earlier that the rise of right wing nationalist parties is being driven by a fundamental disconnect between politicians and large swathes of the public it's just same process all at all western europe united states and so on and so on the ruling elites is usually say last song doctor we saw quote we're going to be all of you know you want to get us all seen don't eat it but it's end by european institutions and these opens up the strays and i don't see any good organizations as far as slovenia is concerned of the height of the migrant crisis when hungary closed its borders many migrants made their way through slovenia but they were trying to get to france to germany and into britain they didn't stay in slovenia so what do people where you are really think of the migrant crisis they will go to the established. they're going to mostly intercepted the ball get into a box of crayons and don't spot that directly to australia and who are a little bit surprised incidentally how many of them when i asked would you like to stay

justice breyer focused on the waivers and was pretty thoughtful in how he carried out his argument and said if these assumptions and waivers are working then this could be a lawful proclamation but on the other hand if there is evidence that the exemption and the waivers are not working the matters when it sounds like a muslim band. so now as well as the example during oral arguments. so the one who had terrible policy and was denied the what i'm talking about when i talk about waivers is that if you are covered by the ban or not exempting me demonstrate your ability for the waiver to still be admitted on the visa if you are denied entry and that there is no national security. that is the criteria. i have to say that those will will be with the immigration statute more of what we would look like statutorily to create a new standard that applies to people that are covered. and with the media airtime and as a violation of the establishment clause she gave a lot more airtime to the speakers to the speakers and was a little critical leading up to one bad decision with another and in this c

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this year's theme is the collision of industries and disruptors our own tanya breyer is enjoying theunshine in monaco very jealous that looks gorgeous. you've been having interesting conversations as well? >> yes shg, absolutely good morning to you and to joumanna i will admit it's beautiful here stunning views over monaco the weather is beautiful ey's world entrepreneur of the year aworld will bard will be a tomorrow night 47 countries are vying for that title. the keynote speaker is the supermodel turned business woman she will share what she learned over the years and transitioning from being a supermodel to a successful business woman. she had various businesses over the years. in 2014 she went into the health and wellness industry and started welco. she also has a lingerie company as well. i caught up with her exclusively yesterday. of course in 1989 when "time" magazine called her the body, she was smart. she trademarked the name she told me she doesn't always feel the pressure to live up to that name. let's hear what she has to say >> business is business. you know, i think fo

can see that down here we have ruth bader ginsburg at 85, justice kennedy almost 82, and then comes breyerd alito, sotomayor, the chief justice john roberts is here, and then kagan and last but not least neil gorsuch. now let's put those appointed by democratic presidents on this side and republicans on the other side. and consider this. the average age on the democratic side is 71 1/2. the average age on the republican side is nearly 66 1/2. and look what happens when kennedy leaves. suddenly the two oldest justices are both on the democratic front and according to an analysis by the pew research group, they have already been on the court longer than expected based on their age when they were appointed. so has clarence thomas, but he is the only one on the conservative side and he is still about nine younears young than breyer. and gorsuch is just 50. pew center found when a justice is appointed around that age, he our she will tend to serve close to 19 years. if kennedy is replaced with a much younger justice, the republican nominees will certainly dominate the court for at least several

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leche, crema fresca y vainilla cultivada de forma sostenible ¡breyers tiene crema fresca, azúcar y lechearne para hacer una baconator de wendy's, con media lia se necesita me la baconator de wendy's. una hamburguesa con mucha carne, y distinta. . >> ♪ (mÚsica) ♪ >> continuamos en noticias telemundo desde nuestras nuevas oficinas. la vida sigue a pesar de golpes que a veces nos tiene reservados y eso lo saben bien en la escuela secundaria de parkland este domingo se graduaban los alumnos de cuarto aÑo, bajar la anuncian anunciando. >> el presentador jimmy fallon dijo a los graduados que no dejen queados graduaciÓn la mad de una de las vÍctimas mortales hizo lo mÁs difÍcil ahi la tiene recogiendo el diploma que le hubiera correspondido a su hijo, usÓ esa camiseta que decÍa este deberÍa ser mi hijo, en su agradecimiento destacÓ la lucha que siguen en favor de los chicos y contra la violencia de armas de fuego que se ha convertido en una epidemia que se ha extendido por todo este paÍs. >> les contamos ahora la historia de una mujer mexicana que estudiÓ sociologÍa y su vocaciÓn la volco a pro

. >> justice breyer is reading the dissent from the bench now which is something we don't necessarily often see happen, pete. is an indication how strongly the justices who did not agree with chief justice roberts feel about this. >> this kind of a term is not unusual for a justice to read a dissent. this is the second dissent justice breyer read from the bench today. >> give the reporter some credit there, making the point this is not as unusual as the anchor was trying to make him think it might be. when you hear the various pundits. when you hear the bias that is really directed so directly at this president, what does it make you think about the statement in which we are in, and the importance of preserving the country that we have all loved for so long, which is based on the constitution. >> no, look, i agree with that. i'm trying to preserve the island they vacation on for the last 40 years, martha's vineyard, where i'm being shunned, is a professor at a major school that wants to be given a trigger warning every time i'm invited to a party so he can find a safe space and not ha

on the other side, the defenders of the chief justice john , sonja, stephen breyer sotomayor and alayna keegan. a mixture of those thought to be conservative and more liberal justices here. forward, who do you think the winners were? the big winners were in this decision, and who were the losers? guest: the big winners are going to be state and local tax authorities, so politicians who would like to grow their tax coffers. anyone who is aligned for those public funds is a winner here. you will see more and more dates pass these laws -- more more states pass these laws. it would be shocking if you can see almost all the 45 states with sales taxes doing the same thing. i think amazon is a big winner, and i think yesterday's stock price of amazon reflected that. they are already collecting in the 45 states with the sales tax. they don't collect on the market price, but they haven't a legion of accountants to get that done -- but they serving have an legion of accountants to get that done. losers in this of the small businesses, not the big guys who can comply. we are talking about 10,000 t

couple of things to add to jessica's report, justices kagan and breyer, from the liberal side, join in, kind of as a sign that, okay, we're not trying to do too much here, but i would say that the two bader ginsburd justice sotomayor said, look, even though the commission may have made -- commissioners may have made disparaging comments about religion, this was assessed by other entities, by courts, and there was no need to say that the context here affected t case. that these two individuals did face discrimination and it should be read as that. so they were the only two that broke off, but as i say, justice kennedy, i think he wanted to caution everyone in the courtroom, and probably anyone reading this opinion, that this is a very small step in the case of these particular men. again, justice ginsburg and sotomayor said otherwise, but i think it really opens the door to what would come next from the next case. i would just add one other thing, justice kennedy noted that in 2012, when this had happened, colorado was not allowing gay marriage. and he seemed to talk a lot about that hi

you justice breyer. the court would ask under the speech.nalysis is there by asking that you're asking is there something that's being communicated and. the people i mentioned who doesn't think he's communicating something. think they're doing? >> it's not just about what the individual thinks they're communicating. routinely makes that inquiry in all kinds of situations in all free speech cases. second, the hurley framework provides the framework to make decisions and to protect individual. the way that it does that it individual who's being compelled to speak objecting to the message that's contained in that speech or the person. obvious inquiry. >> would that belief that speech trump public accommodation laws agast protectingion or customers from race, yes or no? compelledurt never speech in the context of race. -- not in terms of compelling speech. that he wasd religious. that he opposed serving blacks -- mixedt maked the d the races. refused free expression and his free exercise clauses. are you say

the strength of phillips' case, demonstrate that breyer and kagan went along with it.greed the tribunal in colorado was hostile to his religion. he deserved to have his religion taken seriously. and he has a first amendment righto, to not be compelled to make statements about marriage he doesn't want to make. so i think, you know, it's, it's a good decision for the court. hopefully it will turn the temperature down in the country a little bit. these discussions are a little bit academic in some sense. i think seeing a 7-2 decision hopefully wl make people realize there is legal analysis going on here, not a straight political play. neil: you know, i remembere years back when i talked to jack phillips, the baker involved here, he stressed to me, i'm not anti-gay, i'm not making a judgment about gay people. i just on religious grounds don't want to honor same-sex marriage. i'm fair phrasing his argument at the time. >> right. neil: he was sincere in his beliefs obviously and justices believed that as well. couldn't someone take advantage of this decision, robert, use it

justice breyer when he read his decision in a separate case, he was very ease going. i'm telling you, the liberals' life has really changed as of this moment because anytime that they were able to win, it was because of justice anthony kennedy. now, you know, maybe i should have said why is that man smiling. his life is about to be changed. but that is why i thought, well, maybe he knew, maybe he didn't know. anyway, it is like the kremlin, we're always reading little signs. >> the tea leaves, exactly. any little joke, any little side bar conversation is noteworthy. joan, thank you and stand by. i have joshua on the phone, a former clerk for justice kennedy. and i suppose the rumors were swirling, but is this a total shock to you, did you have any idea? >> i personally had no idea. frankly i'd be surprised if anyone did. there is huge speculation. justice kennedy is older, he's been on the court a long time. he is quite conservative. it may not be surprising that he would prefer that his successor be appointed by a republican president. but, no, he hadn't publicly sig

breyer has written a book called when your child is sick. i think it is a very important book. your child does not have to be sick to read it. sibling thatll a there brother or sister is very ill. i have started in that and i think it will be a good one to finish. table a longn the time. papers published an article. >> so true. >> it was on the list. >> i know you have a very busy saydule, but i wanted to how much each of us appreciate your presence here today. the leadership you give and the dedication you have, it is just an inspiration to us all. >> that is very nice of you. always enjoyed coming to this conference. it is my circuit. it is a wonderful contrast. . always enjoy our conversation ofyou follow a tradition john marshall. that johnbelieve hishall who enjoyed among new colleagues, i have a feeling he would approve of everything we do here. firstn jay was the circuit justice in which it was included in pennsylvania. justicehe first circuit assigned. >> thank you so much. >> thank you. enjoyed it. >> justice anthony kennedy's retirement brings significant change to th

al-jazeera is correspondent stephen breyer the stories like tell of this. because the letters. were out they were still barraged out for palestinian read older sirrah fluent in world news. behind the. covers foreign minister responds to reports of threats of military action by saudi arabia and. that they will compromise on its position. and welcome to al-jazeera live from my headquarters in doha with me in the qur'an i'm also ahead another twist in the investigation the u.s. president's election campaign chief is accused of trying to influence witnesses. protests continue in jordan despite the prime minister stepping down and the king promising measures to revive the economy. and rescue his face an uphill task in guatemala as more danger from the volcano that's killed more than sixty people. it's been one year since saudi arabia the u.a.e. egypt and bahrain imposed a blockade on accusing it of supporting terrorism as a claim that has strongly refuted well in a special day of programming al-jazeera is looking at the causes and effects of the standoff we spoke to. says want to ma

liberal justices breyer and kagan joined the conservative majority. jan crawford tells us the court did leave unresolved a key issue in the case. >> reporter: moments after the court's ruling, baker jack phillips celebrated what he saw as a victory for religious freedom. in a 7-2 ruling written by justice anthony kennedy, the court said colorado officials, who compared objections to defenses of slavery and the holocaust, showed an indifference to his religious objections to baking a wedding cake. phillips told us he would serve same-sex couples other baked goods in his shop, but he would not create a wedding cake. because... >> because the biblical teaching on marriage is pretty clear, and this is promoting a ceremony that goes against those core teachings. >> reporter: but the court's ruling was narrow, and may well apply only to phillips. the justices made a plea for civility in future cases, writing, "these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs and without subjecting gay persons to indigniti

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