he is going to tucson to represent the court as circuit justice at the memorial service. he will review the tapes and transcripts of the rest of the argument and participate in

of defendants who have been changed with a crime in lower court in the justice court and they have been bound over to the circuit court for the prosecutor to bring to grand jury. by law in mississippi, the prosecutor has to give every case to the grand jury and the prosecutor can say there is not a lot of evidence in this case and this case has resolved itself, i don't think you should indict but it is people who have to decide what gets to court and what doesn't get to court. she said here i have 80 people on this list and when we came to court on the other day there was almost nobody there. people call me all the time and tell me horrible things that have happened to them and their children. their kids were molested. they were beaten up. someone was arrested yet the crime never goes anywhere. i asked her if i could use the list as a road map to see what was going on in the county. so i copied it and started going through and getting all the case files and what i found was that when there was a big, important case like there was a big murder and some people from outside the county came in and murdered an entire

of defendants who have been changed with a crime in lower court in the justice court and they have been bound over to the circuit court for the prosecutor to bring to grand jury. by law in mississippi, the prosecutor has to give every case to the grand jury and the prosecutor can say there is not a lot of evidence in this case and this case has resolved itself, i don't think you should indict but it is people who have to decide what gets to court and what doesn't get to court. she said here i have 80 people on this list and when we came to

it was going to be much harder for the justice department to defend against these lawsuits than previous ones and there is one very important one in the first circuit in massachusetts. a trial judge has already ruled the law unconstitutional and the justice department just last month filed a brief at the appeals court saying no, no, you should overturn that decision, this law is city of monterrey, e have a report from bill neely of "independent television news." >> reporter: he doesn't dare show his face, none of them do. yet they are policemen that was once the safest city in latin america. monterrey is mexico's richest city, its business capital. but drug cartels want more of the business. drug money has always been laundered and spent here. these ferraris are all bought, but no one's picking them up for fear of being targeted. and the fear in monterrey is growing. a daylight gun battle in the city center. it's not unusual federal police struggling to retain control as cartels mount what's being called an insurgency against the government. they hardly need the cover of darkness, but it's mostly at night the cartels target the police and their gun

it was going to be much harder for the justice department to defend against these lawsuits than previous ones and there is one very important one in the first circuit in massachusetts. a trial judge has already ruled the law unconstitutional and the justice department just last month filed a brief at the appeals court saying no, no, you should overturn that decision, this law is constitutional. my understanding now is that in these cases and in others the justice department is going to change its position or not defend the law. that would involve in this case in boston, for example, probably filing briefs saying those earlier briefs are no longer operative, we no longer believe these legal arguments and we're getting out of here. >> ifill: congress passed this law by significant margins in both houses. is this something they can challenge? >> congress can... it's not that they can challenge the justice department's not to show up in court but they can appoint someone to represent their interest as a friend of the court to make the argument that they wish the justice department was making on their behalf. so that's one option. i would predict that t

on the heels of justice anthony kennedy calling attention to this problem, a group of ninth circuit judges led by chief judge alec cainski urged the senators strongly to fill the vacancy and chief justice roberts highlighted this crisis in his year end state of the judiciary report. so what can can be done about this? well, today we are extremely lucky to be able to hear from someone who is so well suited to answer that question. white house counsel bob bauer will share his views on the nomination process so what he sees as the likely development in the coming year. bob was named white house counsel in november 2009. he was formerly a partner and chair of its political law group. bob was president obama's personal attorney and general counsel of obama -- of the obama for america campaign. he also served as general counsel to the dnc, as co-counsel to the new hampshire state senate in the trial of chief justice david barack. he was general counsel to bill bradley for president. and he was also counsel to the democratic leader in the trial of william jefferson clinton. bob has graciously agr

coming because within an hour of the justice department's announcement about this, the lawyers for the two gay couples had already filed a request with the ninth circuit court of appeals saying you ought to lift the stay that prevents same sex couples from getting married. it sure seems like they knew this was going to happen. >> while the president's position does not impact it directly, they say today's announcement could influence what they decide to do. >>> brace yourselves for cold weather and flaky as in snow. lots of buzz over the possibility of snow and of all places, san francisco. want to show you a photo. showing the last time it snowed e imlast t te in the south bay. inst february, 1976. jeff ranieri joins us now. snow flurries in the city? really? >> looks like we have a good chance of a wintry mix down into san francisco. we are on snow watch hereoacross the bay area. the storm's not in view at this point, however in advance of this, we are looking at watches and warnings. let's get this sea level snow factoid here out of the way. we are looking at this cold blast friday with 40s little in the way of accumulation at sea level, however, t

previous cases, the justice department had defended doma by citing case law, precedence, that directed judges to uphold any law that land these two cass are filed in a federal circuit, a judicial circuit where no such case law exists. and the obama administration decided, and by that ibama and general eric holder, that gay people have a higher standard of scrutiny, and under that test this law won't stand up. >> doma prevents the federal government from recognizing marriages that might be legal in massachusetts or other states so they can't get any kind of federal benefit to those folks. couples in california who got married legally before prop 8 passed, how does this affect them? can they now sue? >> in fact, some already have, and this could have bearing on that. depending on what happens in these two cases. if doma gets struck down, as the obama administration seems content to let happen, you would see a flood of litigation of same-sex couples that married in various states that allowed it, claiming federal benefits. spousal benefits, tax benefits, whatever. keep in mind that although the obama administration said it won't defend it, congress could, and like i s

justice richardson. that was in san francisco and i went back. at that time, i was a clerk with the ninth circuit. my co-clerk was from harvard. we had friends that the clerks and the federal system had colleagues and friends in the state system. my classmates were clerking for the court of appeals and so forth. that provided another area of intercourse. we knew what they were doing. we're not talking about cases, obviously, but we were colleagues. we would have lunch with each other. that is completely gone now. permanent clerks are not lawyers. rotating clerks are law students, basically. i don't think there is that kind of intercourse of that is lost, too. >> does not just a loss to the court but it is a loss to the bar. i am active with the academy of appellate lawyers. i've always remarked on how the best appellate lawyers have former clerks and they don't have that input now into the appellate bar c strongadre of lawyers who had clerked experience. >> i was just sheer in my experience. >> it is something to think about, thank you. >> i hope you come to visit and we can talk about these issue

we will hear their views of the chief judge of the ninth circuit court of appeals as well as the newly sworn in chief justicefornia supreme court. this is about 90 minutes. this symposium is dedicated to our founder. late judge ingram, whose portrait he may have found in the lobby. the judge exemplified not only the values of our end, professionalism, service and collegiality as well as ability. he served as a mentor to many of us, myself included. i had a great honor of -- of a serving as a judicial extern when i was in law school. i learned more in that summer about being a lawyer that i did in my entire tenure at law school. he was a great influence on me and many, many others. before we get started, i would like to thank our co-sponsors in this event, the palo alto bar association and our host, santa clara university school of law. they are celebrating their 100th anniversary this year, so that is quite a milestone. a couple of quick housekeeping notes. cards are being passed out so that you can write questions and direct them to the panelists. what we would like for you to do is write your questions out

justice richardson and i really prefer to be in san francisco. so i went back and did call to accept the offer but at that time the ninth circuit and the california supreme court or a common practice. i know the justice was on the court might work was from harvard and one of his classmates was clerking for the justice and there was something about this, so we have friends that we the clerks in the federal system have colleagues and friends in the state system. some of my classmates were working for the court of appeal and supreme court petraeus that provided another area so we knew what they were doing, not obviously talking about cases but we were colleagues and have lunch with each other. that's completely gone now. because clerks are lawyers whereas will students basically, they graduated, but i don't think there is that kind of intercourse, so i think that is lost, too. >> i think it's not just a loss to the court but it's a loss to the bar. i'm active with the academy and always remark on how the best lawyers who i know the court likes to see, former clerks and they don't have that input now into the appellate bar and the cadres of lawyers w

on the heels of justice anthony kennedy calling attention to this problem, a group of nine circuit judges led by chief judge alex kosinski, a reagan appointee, wrote to senators reid and mcconnell, asking them to fill the vacancies. so what can be done about this? today we are extremely lucky to be able to hear from someone who is so well suited to answer that question. white house counsel paul bauer will share his view on the nomination process and what he sees as the likely development in the coming years. bob was named white house counsel in november 2009. it was formerly a partner of the law firm and chair of its political law group. he was president obama's personal attorney. he also served as general counsel to the dnc, as co- counsel to the -- and was general counsel to bill bradley for president. he was also counsel to the democratic leader in the trial of william jefferson clinton. bob has graciously agreed to take a few minutes of questions at the conclusion of his remarks and we will then hear from an extremely distinguished panel. now what is my pleasure to turn this over to b

on the heels of justice anthony kennedy calling attention to this problem, a group of nine circuit judges led by chief judge alex kosinski, a reagan appointee, wrote to senators reid and mcconnell, asking them to fill the vacancies. so what can be done about this? today we are extremely lucky to be able to hear from someone who is so well suited to answer that question. white house counsel paul bauer will share his view on the nomination process and what he sees as the likely development in the coming years. bob was named white house counsel in november 2009. it was formerly a partner of the law firm and chair of its political law group. he was president obama's personal attorney. he also served as general counsel to the dnc, as co- counsel to the -- and was general counsel to bill bradley for president. he was also counsel to the democratic leader in the trial of william jefferson clinton. bob has graciously agreed to take a few minutes of questions at the conclusion of his remarks and we will then hear from an extremely distinguished panel. now what is my pleasure to turn this over to b

justice for the american people. on the heels of just as anthony kennedy, calling attention to this problem, a group of circuit judges led by chief judge alec kaczynski, a reagan appointee wrote to senators reid and mcconnell, urging them strongly to fill the vacant in chief justice robert highlighted this crisis in his year-end state of the judiciary report. so what can be done about this? while today we are extremely likely to be able to hear from someone who is so well-suited to answer that question. white house counsel, bob hour will share his views on the nominations process and what he sees as the likely developments in the coming year. bob was named white house counsel in november of 29. he was formerly a partner at perkins truly and chair of its political group. bob was president obama's personal attorney and general counsel of the obama for america campaign. he also served as general counsel to the sea, cocounsel at the new hampshire state senate in the trial of chief justice david rocker. he was general counsel to bill bradley for president and he was also counsel to the democratic leader in the trial of pr

california your we would hear the views of the chief judge of the ninth circuit court of appeals, as well as the newly sworn in chief justicethe california supreme court. this is 90 minutes. >> we are going to get started. thank you. thank you everyone for coming. my name is dennis brown. as president, i am pleased to welcome you to the angel ingram symposium. the ingram symposium is part dedicate to the founder. judge ingram not only exemplified the values of our and such as professionalism, service and collegiality, as was stability but served as a mentor to many of us, myself included. in fact, i had a great honor of serving as a judicial extern to him many, many years ago when i was in law school. i learned more, i often said i learned more in the summer about being a lawyer that i did in my entire tenure in law school. he was a great influence on me and on many, many others. now, before we can start i would like to thank our cosponsors in this event, the palo alto bar association and also our host, santa clara university school of law. which is as many of you know celebrated its 100th anniversary this year, so it is qu

circuit. my question is, did the president give any instructions to the justice department regarding his view of the constitutionality of the status of "don't ask don't tell," the appeal of which in log cabin republicans is due today? >> as you mentioned the appeal is due today. it on half a way for that final brief. >> but did the president give any instruction? >> not that i'm aware of. as you know, we are very supportive of and glad that the congress repeal "don't ask don't tell," and we are monitoring and glad that the process is proceeding smoothly and efficiently, the process of repeal but on the brief and the president's instructions i don't have anything for you. >> you had said regarding the doma brief that the president set the deadline had forced the administration's hand. has the administration in in any way reacted to today's deadline? >> well i think as you said the department of justice is going to file a final brief, and you know, we will see what that says but we expect a brief the brief to say the following, number one rear draping that the court should not decide the case o

president obama nominated justice graves to fill a judicial emergency vacancy on the fifth circuit. he's confirmed, he'll be the first african-american from mississippi to serve on the united states court of appeals for the fifth circuit. edward davila has been a california state trial judge for ten years. for 20 years before his service on the bench, he was a deputy public defender and worked in private practice. president obama nominated judge davila to fill a judicial emergency vacancy in the northern district of california. now, both of these nominations were reported unanimously by the judiciary committee this year. but they're also both that have been reported by the judiciary committee unanimously last year. we've reported them out now twice unanimously. it's time now to vote on them here. they were among the 19 judicial nominees that we had voted out unanimously, were ready to be confirmed by the senate last year before we adjourned. when ther there was objection, however, from the other side to proceeding last year, vacancies persisted, the president renominated them, the j

justice. we are equally thrilled to have our next panelist with us, the honorable alex kozinski, the chief judge of the u.s. court of appeals for the ninth circuitjudge kozinski received his degree from ucla. i believe he was there during the great basketball era for ucla. i do not think he was on the team. [laughter] instead, he was busy setting. he served as all law clerk for anthony kennedy at the nine circuit before clerking for warren burger at the united states supreme court. he was nominated to the ninth circuit by president reagan in 1985 at the ripe old age of 35. i think it makes you feel a little inadequate. he served with distinction on that court before coming its 10th chief justice and chief judge in 2007. i am informed that he is a very good poker player. welcome, judge kosinski. finally, let me introduce our moderator for the evening, prof. gerald uelman, not only is he one of the foremost experts support -- studding the supreme court, but he was dean when i went here. and his name is on my diploma. based on that, i always refer to him as the team. but me turn over -- let me turn it over to you, to get the program "collegial cour

circuit in support of the constitutionality of the act. he served as a u.s. marine, a law professor, a prosecutor, a member of the justice department's task force. he served in a multi agency emergency response team that investigated the 9/11 attacks. he received his bachelor's and master's -- pastors -- bachelor's and master's degrees. thank you for being here today. [inaudible] >> thank you. i am the attorney general of oregon. over the course of my career, i've taken a note to defend the constitution. i take that obligations seriously. i'm confident that the affordable care act is constitutional and will be judged constitutional. the region for that confidence is simple. there have been four primary arguments raised in litigation challenging the bill. i believe all four are without merit. want to review the arguments and explain why i think they have no merit. the first is that the mmerce clause by its own terms only regulates commerce. the argument is that declining toet health insurance is not commerce, but refusing to engage commerce, and falls outside the power of congress to regulate. this is extraordinarily weak

circuit in support of the constitutionality of the act. he served as a u.s. marine, a law professor, a prosecutor, a member of the justice department's task force. he served in a multi agency emergency response team that investigated the 9/11 attacks. he received his bachelor's and master's -- pastors -- bachelor's and master's degrees. thank you for being here today. [inaudible] >> thank you. i am the attorney general of oregon. over the course of my career, i've taken a note to defend the constitution. i take that obligations seriously. i'm confident that the affordable care act is constitutional and will be judged constitutional. the region for that confidence is simple. there have been four primary arguments raised in litigation challenging the bill. i believe all four are without merit. want to review the arguments and explain why i think they have no merit. the first is that the commerce clause by its own terms only regulates commerce. the argument is that declining to get health insurance is not commerce, but refusing to engage in commerce, and falls outside the power of congress to regulate. this is extraordinari

circuit in support of the constitutionality of the act. he served as a u.s. marine, a law professor, a prosecutor, a member of the justice department's task force. he served in a multi agency emergency response team that investigated the 9/11 attacks. he received his bachelor's and master's -- pastors -- bachelor's and master's degrees. thank you for being here today. [inaudible] >> thank you. i am the attorney general of oregon. over the course of my career, i've taken a note to defend the constitution. i take that obligations seriously. i'm confident that the affordable care act is constitutional and will be judged constitutional. the region for that confidence is simple. there have been four primary arguments raised in litigation challenging the bill. i believe all four are without merit. want to review the arguments and explain why i think they have no merit. the first is that the commerce clause by its own terms only regulates commerce. the argument is that declining to get health insurance is not commerce, but refusing to engage in commerce, and falls outside the power of congress to regulate. this is extraordinari

circuit in support of the constitutionality of the act. he served as a u.s. marine, a law professor, a prosecutor, a member of the justice department's task force. he served in a multi agency emergency response team that investigated the 9/11 attacks. he received his bachelor's and master's -- pastors -- bachelor's and master's degrees. thank you for being here today. [inaudible] >> thank you. i am the attorney general of oregon. over the course of my career, i've taken a note to defend the constitution. i take that obligations seriously. i'm confident that the affordable care act is constitutional and will be judged constitutional. the region for that confidence is simple. there have been four priry arguments raised in litigation challenging the bill. i believe all four are without rit. want to review the arguments and explain why i think they have no merit. the first is that the commerce clause by its own terms only regulates commerce. the argument is that declining to get health insurance is not commerce, but refusing to engage in commerce, and falls outside the power of congress to regulate. this is extraordinarily w

before being appointed to the mississippi supreme court, justice graves served as a circuit court judge in heinz county, mississippi, for ten years. justice graves is a dedicated family man and community volunteer. he has been honored on numerous occasions with awards recognizing his public service. those who know him know that he is particularly committed to teaching and motivating young people, particularly the young people of my state of mississippi. and i'm confident that even in this position of increased responsibility and visibility, he will continue taking time to work with our nation's young people. so i'm proud today to speak on behalf of justice graves. i urge my colleagues to vote in support of his nomination to the fifth circuit. and i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call: he. a senator: mr. president? the presiding officer: the senator from mississippi. mr. wicker: mr. president, i ask unanimous consent that the order for the -- mr. cochran: i ask unanimous consent that the order for the quorum be rescinded. i am