is it consistent with the clarksburg test.i think it is important to -underscore that it was cited with planned parenthood. they reaffirmed row be weighed. it had been a test of the time the court would not had reached that. even the first year law student. could tell you. it was not consistent. we know the clarksburg test have it been applied would not had reached that same result. is it consistent with the court's historic decision. how the constitution protected. as a supreme court said last year in the broad majority. under the precedent that now exists. that was justice kennedy joined by chief justice roberts. the statement for the supreme court summarizing in essence. but head that been the sole tests. they would not had reached the result that he did. the right to marry is clearly rooted. marriage is clearly deeply rooted. and -- interracial marriage was not. probably longus in virginia. in the supreme court struck an important blow in 1967. if the blacksburg test was a test applied. is it a right to marriage with regar

. >> reporter: cindy read the alert, a student found with a gun inside her son's school, clarksburg high. >> my youngest son was very afraid and especially because the studenthad classes w him. >> reporter: just one day after the february tragedy at parkland high in florida, after getting a tip, the school resource officer found the gun and helped arrest alvin chen. they say this is why you need a school officer. >> you want to feel they're in a safe environment. >> the most challenging job in all of law enforcemept. >>ter: don bridges is past president of the national association of school resource officers, which recommends every school has an sro, and one officer every 1,000 idstudents. s says that contributes to one on one relationships with the kids and ensur quicker responses to emergencies. >> they need positive properly trained, properly selected sros. >> reporter: the news 4 i-team reviewed our largest local school districts to see who is meetin standard. and we found about 40 high hools in arlington, fairfax,rg prince ge's and montgomery counties that have more than 2,000 stude

. >> cindy read the alert, a student found with a gun inside her son's school, clarksburg high. >> my youngest son was very afraid, especially becausehe student had classes with himon >> just day after the february tragedy at parkland high in lorida, after getting a tip the school resource officer found the gun and helped arrest 18-year-old alvin chen who later pleaded guilty a firearms charge. she says this is why schools eed a police officer on the beat. >> you want to feel t in a safe environment. >> officers have the most challenging job in all of law enforcement. >> reporter: don bridges is past president of the national association of schoo resource officers, which recommends every school has an sr and one officer for every 1,000 students. bridges says that contributes to one-on-one relationships with the kids and ensures quicker responses to emergencies. >> they need positive, properly trained, properly selected sros. >> reporter: the news4 i-team reviewed our largest local schoo dtrict to see who's meeting that standard, and we found about 40 high schools in arlington, fairfax

but about 5:00 this morning, he was found dead in his cell at the clarksburg detention facility of an apparent suicide. tessier is accused of killing s girlfriend, 31-year-old laura wallen. wallen, a teacher, was 13 weeks pregnant. he was missing for nine days before her body was found in a shallow grave in damascus. now, investigators say tessiern was li double life and had a fiancee and killed wallen when she threatened to expose their relationship. inight of thi morning's events, the jury has been dismissed. we spoke to one of the and she described how the judge told them what happened. >> he said there's reay no easy way to say this. he was very grateful t all the potential jurors and then he said there's no easy way to s this. then he told us about the defendant. and so it seemed lik half the people were in shock. some people seemed like they may save, you know, caught wind of it early t morning when they walked in. but we had no idea. like why aren't we going into court. why are we going into the lounge. so it was shocking. >> reporter: now, the montgomery county deparent of cor

live look at 270 at clarksburg road. rain there.t's going to be slick in a lot of spots. >> melissa, thank you. do you have any home improvement projects you have been putting off? coming up we' working for you. how getting in gear could help you save on atsurance. >> this afternoon on ellen. >> she said what are you going to wear forellen. i said i'm going to wear - is it -- >> well, i'm wearing like trouse trousers. >> modern family has now been on for a ildecade. one of the best shows. you can check out ellen right here on nbc 4. julie is ming funak >>> did you know they could also lower your insurance rates? >> suzansan is workingit for you upgrades that can help you save. >> replacing the roof can be one of t most expensive home repairs. >> it's a significant up front cost. >> but prents even more expensive issues caused by water leaks. >> it will reduce the insuran claims. >> you could see discounts ranging om 5% to 35% depending on where you live and what kind of roofing materials you choose. >> no surprise, insurance compani

.>> clarksburg, the case you are referring to. in that case casey is cited as an authority and justice kagan when she stood here pointed to clarksburg as the task for recognizing unenumerated rights going forward. i agree with her description of that in her hearing.>> thank you for that. let's get the rights that i mentioned in the context as having stemmed the general tide of freewheeling. arguably every right that i mentioned on the list was a judicially created unenumerated right and my question then is when you praised a jury who attempted to and the rights, which rights and particular do you believe are praiseworthy of ending? >> that was the task that was set forth by the supreme court going forward for recognition of additional unenumerated rights. that was cited as authority in that case, planned parenthood versus casey.>> do you believe that that falls into the category of having been caught up in the general tide of free -- unenumerated rights? >> what i was describing with chief justice and it was a description of his c

.>> clarksburg, the case you are referring to. in that case casey is cited as an authority and justice kagan when she stood here pointed to clarksburg as the task for recognizing unenumerated rights going forward. i agree with her description of that in her hearing.>> thank you for that. let's get the rights that i mentioned in the context as having stemmed the general tide of freewheeling. arguably every right that i mentioned on the list was a judicially created unenumerated right and my question then is when you praised a jury who attempted to and the rights, which rights and particular do you believe are praiseworthy of ending? >> that was the task that was set forth by the supreme court going forward for recognition of additional unenumerated rights. that was cited as authority in that case, planned parenthood versus casey.>> do you believe that that falls into the category of having been caught up in the general tide of free -- unenumerated rights? >> what i was describing with chief justice and it was a description of his c

pregnant girlfriend laura wallen in the head and buried her in a field, butenis app suicide today in clarksburg ended the very day it was supposed to begin. >> r we werebed this morning f the opportunity to allow the public to know the true nature and details of this crime. >> reporter: prosecutors showed evidence to prove tessier lied to laura wallen throughout their entire ten yearla onship. tessier was engaged to and living with w anotheran who complained to him about laura. tessier texted s hering i could kill her. >> we were robbed of the trial, but we were also robbed of not having a trial for our grandson who was also murdered. >> reporter: prosecute are tors say laura was pregnant with testier's baby boy. the family named him reed. he died when laura was killed. >> until the day i die, i will have had two daughters and three grandsons. reed being our third grandson. >> reporter: tyler tessier was found hanging from a sheet from the top berth of a bed about 5:00 this morning at the detention center. i askedoh prosecutor mccarthyo visited the cell how tessier could have committed suicide

clarksburg, northbound not a big impact. southbound is where you see all of that pain. eun?sa, thank you. 6:32. we have an update now on breaking news we've been following. new york avenue is reopened in northeast after a crash involvin a d.c. police suv. we're still waiting to find out exactly what happened and whetherny officers or other drivers were hurt in this crash. >>> now to the latest on the confirmation ctroversy surrounding president trump's take a look the the scene here. e group ultraviolet projected an image onto the courthouse on constitution where brett judge.ugh serves as a they don't want him confirmed. we're learning about who will questionnd kavanaugh the woman accusing him. >>> arizona prosecutor rachel mitchell will take the lead. democrats will give their own questions. yesterday president trump emphasized his support for kavanaugh and cticized t democrats. we'll have more coming up. >>> an unexpected moment at the unnsed nat that even caught president trump off guard. as the president boasted about his accomplishments yesterday, laughter could be hear

officers who protect the montgomery county jail in clarksburg complete mental health training, cpr and also know that they might someay have to save an inmate's life. how many of y have responded to a suicide attempt? how many of you possibly have saved a life on the job? earlier this summer a group of officers whoui rescueddal inmates sat down with the iteam. >> i looked a up he was jumping off on the tier. >> reporter: andy martin caugh the inmate. he was diving if into a pool? >>yeah. >> reporter: and you decided to step beneath him? >> >> reporter: the iteam found about 80 suicide attempts in the jail just since 2014. and we found in at least two of those cases including today's, a suicide attempt ended in the inmate's death. >> i'm happy that weave the v service -- >> reporter: the county says that they use a direct strategy having theffers on their feet keeping a close eye on the holding cell pp hol lding cells. but a whom saoman says they are somewhat effective. >> they put me in a room with a metal rack, no mattress and a gownde that was sui preventive. >> reporter: because the

he speaks inside the clarksburg jail where murder t suspecter tessier died this morning. >> anytime there'slife in our facilities, we take that very seriously. hangedrter: he says he himself inside his cell using a sheet behind this section of the jail early thursday morning. the state's attorne says tessier woke up at 4:00 a.m. to prepare for trial. he was given breakfast at 4:45 and was found dead in his cell tenut m later. life saving measures stopped at 5:30. green says police found notes of his contemplating suicide in his cell, the second suicide at the jail there year. officials tell us 35 years tiery nixulf hanged him on july 5th. >> is there a problem at this jail? >> anyti you have a suicide, that's a problem. hanging is the most prevalent way thats suicide committed inside a correctional environment. >> reporter: tessier accused of killing his girlfriend lauren wall len who was 13 weeks pregnant. john mccarthy called him a psychopath. >> lying was like breathing. he ld about everything. >> reporter: her family talked about the stunning end to this tragedy. >> i don't believe that

a stunning morning in awesome clarksburg.o witness an amazing sunrise with clear skies and a balmy 54.7. thank you, marty. i just wish you had a better attitude. he brings us down. 49 napa. hope valley sleeping and. 56 american canyon. vallejo 57. now take your. , grade and 42, windsor 59. 53 hillsboro. 60 cloverdale. 48 petaluma. woodacre 66 a lot of this depends on elevation and wind speed. 47 san anselmo. san rafael 59. there are some big differences most of the wind gust so far below 30 only mount diablo has been above. low 90s for some inland today and tomorrow. yesterday we started the warm- up and we continue the trend today. those of you looking for warmer weather a lot of the grape growers need a little heat. you have it today and tomorrow. 70s and 80s yesterday. more 80s and 90s today including 93 at livermore. even san francisco going 76 on the high today. that would be the warmest temperature so far this month. i don't really see much stopping it from getting above 73 which is the warmest . the average is 70. 97 i

>> the supreme court in the clarksburg case in the late 90s and justice kagan talked about this at her hearing, to test the supreme court uses to find unenumerated right under the liberty clause of the due process clause of the 14th amendment and are first to rights rooted in the history and tradition of the country so as to prevent -- >> let me ask you t this. is there any record of the history and traditions of the country were legislative bodies could not intercede on behalf of the unborn before medical viability. is that part of our history? >> is supreme court precedent has recognized a right to abortion. >> i am just saying, what part of the history -- i don't think our founding fathers, i don't remember that being part of thamerican history. so how did the court determined that it was? >> the court applied the precedent that existed in founded in 1973 that under the liberty clause. >> when you talk about the history of the united states, the court has found that part of our history is for the legislative bodies not to have a say about protecting the unborn until medical viabilit

>> the supreme court in the clarksburg case which was in the late '90s, justiceat kagan talked about this at her hearing, is the task the supreme court uses -- test -- to find unenumerated rights in the 14th amendment and that refers to write rooted in history and tradition of the country. so asty to prevent -- >> let me ask you this. is there any right rooted in history and traditions of the country where legislative bodies could not intercede on behalf of of the unborn before medical viability? is a part of our history? >> the supreme court precedent has recognized the right to abortion. >> i'm just saying what part of history -- i don't think our founding fathers, he lamented our founding fathers. i do remember that been part of american history. so how did the court determined that it was? >> the court applied the precedent that existed and found in 1973 under the liberty clause speedy before 19 -- when you talk about the history of the united states, the court has found the part of our history is the legislative bodies, not to have say about protecting the unborn until medical v

staying on the independent line, bobby is in clarksburg, maryland. good morning.aller: good morning. yesterday, president trump signed the order to release the unredacted fica's, and apparently this morning the democrats have made an agreement, if he would hold those back, that they would withdraw the nomination of judge k, and it would be very interesting to see what happens if -- when these fica documents come out, if mueller and rosenstein have to be recused. apparently in the session they wrote a letter to the supreme court this morning, asking for him to be un-recused. host: what do you think will happen on monday? in alabama, a democrat. tim, go ahead. caller: good morning. ,bout judge kavanaugh, well one of the things is -- she took hade detector test, and she -- i guess documents from her therapist. i would like to see kavanaugh take a lie detector test. -- i wouldhing is like to see anita hill come and attend the hearing. is representative grassley, the chairman, he's got some letters from some women that support capital, 60 something women. and i think t

i don't know if it's in my line of questioning of judge brett kavanaugh about the clarksburg test. he said all roads lead through - - ... that might have a real impact on how justices dispensed in these areas going forward. >> is clear from judge kavanaugh's judicial record that he is not a jurist in the mold of justice kennedy who frequently upheld these precedence like payer plan parroted in his writing. judge kavanaugh in these decisions has a narrow understand of the right to liberty. the right to liberty that is enumerated in the constitution is not fossilized in amber. it has changed over time to admit individuals who would not even contemplate within the body of the people at the time of this founding or even the reconstruction amendments were being ratified. decisions like the right to marry have it all. we didn't have a situation where individuals who wish to marry a person of the same sex could do so until just 2015. these decisions are all in peril by a justice who would follow history and tradition and failing towards his outcome. >> i have many more questions but i'm o

you said and i'm courting your speech here now, the clarksburg case stance this day -- helping ensurethe court operates more as a court of law and less as an institution of social policy. he further praised him as the justice who i think i am quoting here.was successful in stemming the general tide of free will and judicial creation. of unenumerated rights that were not rooted in the nations history and tradition. the only conclusion i can draw from the praise in the speech last year, of the opinion, is that you endorse the so-called test which asserts the only due process rights protected by the due process clause are those objectively rooted in american legal history and tradition. even said yesterday in a similar exchanger that all roads lead to that test. so let me in a few minutes i have a few questions about the implications of applying the test. >> may say something first? >> i want to get a couple questions first and then depending on the grace of the chairman we may have an exchange. >> the same thing justice kagan said. >> she did not apply this. and in several cases. so the