and it drops down radically to 14% at nine clement and at 7 clement, i think it is 11% smoke. that is 4 feet from the sidewalk to the curb. commissioner fung: the slightly different alternative, conceptually it may work. at 7 clement you create a split sidewalk and design it so there is a -- there is something that addresses the elevation difference and then warp the sidewalk at the other doors. is that possible? >> i am not sure i follow that. only at seven clement, there would be a split level sidewalk? commissioner fung: that is correct. >> but it would also need to have that at 9 clement. once you start at the curb, you go up towards the building and that is where we are running into problems. we would have to make up about 5 inches from what is on the existing kerr of to the current step. there is already a 3% slope in the sidewalk. it is the only way we can get up from the curb to the floor level of seven and nine clement, is to have these excessive slopes for the first 4 feet or so. commissioner fung: maybe we should hear from the department and then i can rephrase the

we are cutting into 11 clement, or we would have to to put a ramp inside. commissioner hillis: 11 clement is the one that has been combined. >> correct. commissioner hillis: that was what i was expecting to see, based on commissioner comments in the last meeting -- some combination of looking at both the warping and interior modifications, and even doing away with the 11 clement -- to see if we can come up with a way to avoid the split sidewalk and the gate solution. >> so, the biggest issue is, i think, having the level landings. once you have to cut into the store, you end up having to have a level landing inside the door, and some sort of a slope up. so there is a fair amount of cost is involved in doing that part of it. commissioner hillis: is that what i heard? you could get possibly a variance from dbi, which i think they would be inclined to do, as opposed to some of the modifications to the public realm and the sidewalk area. >> i do not know how they would rule on that. one more reminder. this is a barrier removal project. we were looking for what

with 11 clement, that is almost a moot point. i do not know how long the lease is, but 11 and nine have been combined. that could be addressed at some future point. i was kind of taken aback with the department response. mr. nathan's drawings -- i guess we are back to square one. thank you. >> good evening. department of public works, bureau of mapping. in originally reviewing this design, i am referring to the sidewalk design. short of the applicant doing any modifications within the building, and for obtaining a variance from the building department, such as an automatic door -- currently, the doors are at the property line. and they swing in word. according to the ada, that are required to have a 4 foot landing at no more than a quarter inch per foot out to the sidewalk. to maintain the path of trouble. we allowed a half-inch across a slope, 4.2%, within that path of trouble, leaving several inches over the last 4 feet by the curb. our main concern -- we have allowed in certain parts of the city, where you have either loading

and it's all about sex right now. >> days later, our crew caught up with clement.told us the real story. >> hi. well, the other day you came and asked me how i was doing. that was just a big, old, fat lie. a big, old, fat lie. i was a big, old, fat liar. what happened was -- i had sex with my cellie. and i come out here every night and tell angel, oh, nothing's going on. i'm lying. i don't know how i feel about that. i -- it's wrong because i'm seeing somebody else. and i don't know. >> everything's going good between me and wicked. we're sleeping together, like i said. i hope everything ends a good way. i'm very happy that everything is going well with us. and i hope it continues being that way. >> he's 23 years old. and he's not going to take it well because, you know, he's kind of like -- he's into me. >> everything supposedly is going to good. and i'm going to keep it that way because i don't want to go somewhere es. >> i guess we're living one big, fat lie. we're just liars here. and i don't know. it's hard to have a relationship that's not going to be in my c

clement. mr. farr? you were invited by this court to brief and argue in these cases in support of the condition blee elow on severabi. you have carried that out. we are grateful. the case is submitted. we will continue argument in case number 11400 this afternoon. >>> on your screen, paul clement, who argued all cases this week. court just wrapped up the second of the two cases they were hearing today. the afternoon case about the expansion of medicaid in the states. we're going to air that here on c-span3 in about 45 minutes. about 3:15 eastern. also going to take your calls momentarily, but as lawyers com we're going to listen in for possible comments withyou' watcn c-span3. >> we just got out of the arguments and we're actually you know, delighted that the case is now under submission and we've had an opportunity to explain to the court why the states and the nfib think the statute is unconstitutional and why not just the individual mandate is unconstitutional because that's what was argued before th

clemente clemente's father joe says there is no excuse for this kind of behavior. >> when you see somebody doing something wrong, tell them "that's not right. stop it." you can make the world a better place. >> reporter: ravi faces up to ten ten years in prison and, scott, he's not an american citizen. he is here legally but he could be deported and i think they'll decide that in about six weeks. >> pelley: erin, it seems to me hate crimes usually involve threats or violence and neither seem to be the case here. >> reporter: scott, you're exactly right. i think that's what concern some people people who monitor hate crime legislation. they're concerned this opens the door to door to all kinds of prosecution for acts we don't think of as actually hate. >> pelley: erin, thank you very much. the cleanup continues in michigan a day after tornadoes swept through. three possible twisters hit the state with the town of dexter getting the worse of it. jim axelrod gives us a look at the damage and tells us about a system that scientists are fareloping to predict tornadoes far in advance. >> reporte

clement. mr. farr, you were invited by this court to brief and argue in these cases in support of the decision below on severability. you have ably carried out that responsibility, for which we are grateful. case no. 11-393 is submitted. we will continue argument in case number 11-400 this afternoon. [captions copyright national cable satellite corp. 2012] >> in the fourth and final arguments, they looked at the expansion of the medicaid program by the federal government. this case is on appeal from the 11th circuit. that court ruled that congress overreached and the individual mandate is unconstitutional, but medicaid portion of the statute can stand. this is one hour, 25 minutes. [captioning performed by national captioning institute] >> we will continue argument this afternoon in case 11-400, florida v. department of health and human services. mr. clement. >> mr. chief justice, and may it please the court -- the constitutionality of the act's massive expansion of medicaid depends on the ans

this is tyler clemente's father addressing the kids after the verdict.e a look. >> to our college, high school and even middle school youngsters, i would say this. you're not necessarily going -- you're going to meet a lot of people in your lifetime. some of these people you may not like. but just because you don't like them does not mean you have to work against them. when you see somebody doing something wrong, tell them, that's not right. stop it. you can make the world a better place. the change you want to see in the world begins with you. >> tyler clemente's father. as sunny mentioned, dharun ravi's sentencing is set for may. now this. >>> horrifying moments caught on tape. a toddler tossed off a carnival ride. find out why she was on it in the first place. look at that. >>> plus the daughter of a former presidential candidate appears in playboy. and she reveals a lot, including details about her sex life. that's next. [ shivering ] sorry. sore knee. blast of cold feels nice. why don't you use bengay zero degrees? it's the one you store in the free

i think tyler clemente's suicide led prosecutors to bring these charges.ut, technically the jury's not going to contract suicide. >> he could obviously get a prison term here of up to ten years, i believe. is that reasonable? >> well, there's a disagreement that people have about this. new jersey has the strictest law in the country on invasion of privacy. what the law says basically is, if you film somebody engaging in an act of intimacy and you stream it publicly, you let somebody else see it, you're guilty of a felony. a very serious crime. >> they have a law about that specific thing. >> a specific thing about that in new jersey. it is the strictest law in the country. then they take it to another level. they say if you filmed that because of bias intimidation, because somebody is gay and you want to humiliate them, we're doubling the sentence to ten years. so as a result of that, ravi faces ten years in prison if this jury finds him guilty, as opposed to looking at this as some stupid adolescent college prank which is how it would have been treated in

clement's more difficult arguments to make. the justices are struggling with finding where that line of coercion is. justice sotomayor, justice kagan, they don't see that know-- they look-- i think justice kagan said, this is a boat load of money and very few strings are attached to it. states still have the option of pulling out, sles slis tergeneral virilli, said sure, it's not an easy decision to opt out of it, but they have the choice. >> ifill: they both ve summations at the end. one made the argument that represented the administration that this health care law was about the blessings of liberty. and paul clement said it's a funny conception of liberty. >> mr. virilli, i think, tried to bring back today from three days of arguments what's really at stake here in terms of congress' authority under the constitution. he said congress struggled with this problem of 43 million uninsured americans and it came up with this solution, which it thought was the pest solution. with medicaid, expansion, he said there will be millions

clement. >> mr. chief justice and may it please the court. the individual mandate is unconstitutional, then the rest of the act cannot stand. as congress found and the federal government concedes, the community rating in guaranteed issue provisions of the act cannot stand without the individual mandate. congress found that the individual mandate was essential to their operation. and not only can guaranteed issue and community rating not stand, not operate in the manner that congress intended, they would actually counteract congress's basic goal of providing patient protection but also affordable care. you can -- if you do not have the individual mandate to force people into the market, then community rating and guaranteed issue will cause the cost of premiums to sky rocket. we can debate the order of magnitude of that but we can't debate that the direction will be upward. we also can't debate -- >> that may well be true. the economists are going back and forth on that issue and the figures var

clement? >> another constitutionally of the act's plaszive expansion of medicaid depends on the answer to two related questions. first, is the expansion coercive and second, does that coercion matter. >> mr. clement, can i ask you, just in matter of clarification. would you be making the same argument instead of the federal government picking up 90% of the cost, the federal government picked up 100% of the cost? >> justice kagan, i would be making the exact same argument. >> the exact same argument. so that really reduces to the selection why is a big gift from the federal government a matter of coercion? in other words, the federal government is here saying we're giving you a boat load of money. there are no matching funds requirement, there are no extrainous conditions attached to it. it's just a boat load of federal money for you to talk and spend on poor people's health care. it doesn't sound coercive to me, i have to tell you. >> well, i want to make the point, even if you had a stand-alo

clemente. general verrilli. >> mr. chief justice, and may it please the court, the afford care act's medicaid expansion provisions will provide millions of americans with the opportunity to have access to essential health care that they cannot now afford. it is an exercise of the spending clause

. >> says property of tyler clemente. >> reporter: tyler clemente's laptop, shown to the jury today, in the trial of his former roommate, darwoon ravi. video taken just hours before clemente jumped off the george washington bridge. prosecutors say ravi sent out a tweet, inviting people to join in and watch clemente make out with another man. >> i dare you to video chat me between the hours of 9:30 and 12, period, yes, it's happening again. >> reporter: the expert with the middlesex county prosecutor says clemente also saved another tweet, where ravi allegedly said he saw his roommate, quote, making out with a dude. prosecutors say clemente had become obsessed with ravi's twitter page. >> and how many visits were there to that site? >> 59. >> the evidence, damaging to ravi, who could be seen at times with his eyes closed and head down, ravi is charged with invasion of privacy and intimidation. they also said he found him on the hard drive of the computer. >> searching for a college roommate and his sexual orientation. >> reporter: but a systems analyst with rutgers couldn't say if rav

i argued in the 11th circuit along with paul clement.tice that's been involved in this case understands the stakes, understands the issues, everyone's taking it very seriously. and the questions are largely along the lines of, where does the government get the power to compel to you buy product a, and if they have that power here why don't they have it everywhere. i think the strength of our case is that we explain why they don't have the power and the government can't explain why they wouldn't have the power in other circumstances. >> are you arguing tomorrow? >> i am going to sit next to paul clement and root him on. >> so let me talk about -- >> i'm not. >> you won't be but you'll be there for moral support. what about day three? does that give an opportunity at all for a save for the solicitor general or do you move on to the next issue and this one's done? >> well, the next issue is very very important. which is, if you strike down the individual mandate what happens to the rest of the act? paul will clearly articulate if you cut ou

clement. general verrilli. >> mr. chief justice, and may it please the court -- the affordable care act's medicaid expansion provisions will provide millions of americans with the opportunity to have access to essential health care that they cannot now afford. it is an exercise of the spending clause power that complies with all of the limits set forth in this court's decision in dole, and the states do not contend otherwise. the states are asking this court to do something unprecedented, which is to declare this an impermissibly coercive exercise of power - >> what do you think we meant in those dicta in several prior cases, where we've said that the federal government cannot be coercive through the spending clause? what -- what do you think we were -- give us a hypothetical. >> yes. first, if i could just try to be a little more precise about it, justice scalia. i think what the court said in steward machine and in dole is that it's possible that you might envision a situation in which there's coercion. >> okay. >>

clement. it just seems -- >> what it means to be the junior justice. >> it just seems very strange to me that there's no question we can have a social security system besides all the people today, i'm being forced to pay for something i don't want, and this would seem to me to try to get care for the ones who need it by having everyone in the pool, but it's also trying to preserve a rule for the private sector, for the private insurers. there's something very odd about that, that the government can take over the whole thing and we all say, oh, yeah, that's fine. but if the government wants to preserve private insurers, can't do that. >> well, i don't think the test of a law's constitutionality is whether it more adheres to the libertarian principles of the kato institute or the status principles of someone else. i think the test of a law constitutionally is not the policy questions. it's whether or not the law is regulating things that negatively affect commerce or don't, and since obviously t

clement. mr. carbon. >> thank you, mr. chief justice. may it please the court. aid like to begin with the solicitor general's main premise which is that they can compel the purchases of health insurance in order to promote commerce in the health market because it will reduce uncompensated care. if you accept that argument, you have to fundamentally alter the text of the constitution and give congress plenary power. it simply doesn't matter whether or not this regulation will promote health care commerce by reducing uncompensated care. all that matters is whether the activity actually being regulated by the act negatively affects commerce or negatively affects commerce legislation so that it's within the commerce power. if you agree with us that this is -- that this exceeds commerce power the law doesn't somehow become redeemed because it has beneficial policy effects in the health care market. in other words, congress does not have the power to promote commerce. congress has the power to regulate commerce, and if the power exceeds permissible regulatory authorit

clement, cutting the bologna thin? and in health insurance is only for the purpose of financing health care. the two are inextricably into early. we don't get insurance of that we can spare at our entrance into the gatt. we did as a weekend of texas health care. >> well, just as kagan, i'm not sure that is right. i think would help insurance does and what all insurance does allows you to diversify risk. and so it's not just a matter of i'm getting bounced appearing later. that is credit. insurance a different than credit. insurance guarantees you an up front locked in payment and you will have to pay any more than that even if you incur much greater expense. and in every other market that i know for reasons -- for insurance, we let people basically make the decision whether they are relatively reston verse, whether they're relatively non risk averse, and a convicted judgment based upon -- >> but we don't in car insurance, meaning, would help the book, by car -- not with the states do, although you're going to -- i'll a

clement. >> mr. chief justice, may it please the court, the affordable care act's provisions will provide millionings of americans to have access to health care that they cannot now afford. it's an effort of spending power that complies with all of the -- and the states do not contend otherwise. the states are asking this court to do something unprecedented, which is to declare this an impermissively coercive enterprise. >> what is it that you thought we meant in those prior decisions when you said that the federal government cannot be coercive. give us a hypothetical. >> i think what the court said and in dole is that it's possible that you might envision a situation in which there is coercion. but i can think of something. one example i can think of that might serve as a limit wouldbe

clemente's roommate, 20-year-old ravi is facing charges for allegedly using a webcam to spy on clemente'stember of 2010, clemente committed suicide by jumping off the george washington bridge. ravi is not charged in clemente's death. >>> a morbidly obese california man is take to youtube to get help losing weight. >> i'm making this video because i don't know what else to do. >> robert gibbs weighs more than 600 pounds. he posted this video pleading for help to lose weight. he says he's desperate and will do anything to slim down. he says he wants to be able to see his niece and nephew grow up. >> i want to get healthy and see my niece and my nephew grow up, for me to have my own family one day. >> gibbs said he hoped the video would go viral and so far he's getting his wish. the video was posted on thursday and already has more than 300,000 views. >>> well, it could be a frustrating weekend if you are planning on take something metro lines. there could be long delays on the red and orange lines because of weekend track work. and guess what? dale ina sealock joins us this weekend to map i

que cubriÓ la carrera de clemente sino que tambiÉn fue muy amigo. >> roberto clemente quien jugÓ paradisciplina. >> cuando se habla de roberto clemente se habla de perseverancia, realmen... perseguir sus sueÑos, lograr el Éxito, orgullo opio, y representar de dÓnde viene. >> el amor al prÓjimo. ♪ >> les cuento que la hisoria de roberto clemente es la Única obra latina que se presenta en el Ámbito de broadway, y tiene previsto en convertirse en material para una pelÍcula en un futuro. esto es todo desde nueva york, un beso muchachos. >> gracias birmania. un orglo latino,1 ejemplo para los jÓvenes a seguir y estÁbamos hablando, que increÍble perder la da porque decidiÓ ayudar a los demÁs. >> disculpen que me haya metido, estaba oyendo la historia, mera orgullo ver -me da orgullo ver que los latinos nos estamos ganando lugares en estos Ámbitos, ayer se daba la noticia de ricky martin tambiÉn, eso nos demuestra que estamos haciendo cosas positivas en este paÍs y en la gran manzana en el caso de los puertorriqueÑos, y lo dominicanos. >>tenÍa una frase muy interesante que decÍa... "mira sat

clement said that's not unique to health care. >> when i'm sitting in my house deciding i'm not goingy a car, i am causing the labor market in detroit to go south. i am causing maybe somebody to lose their job and for everybody to have to pay for it under welfare. the cost shifting that the government tries to associate with this market is everywhere. >> that brings us to the third and final day of arguments. joining me now is the constitutional law at american university. they covered this report from the "wall street journal." the managing editor for politics at the national journal. we will get into politics for this as well. we have to ask you, how did he do? is all of this wringing on the left basically a lot of people said he wasn't as quippy as clement was with a quick analogy about cars. >> clement was smoother and more polished and virilli had a hard sell and justices gave him a hard time. his job was to convince some conservatives that there was a limiting principal that this doesn't open up the universe. >> that seemed to be what they were concerned about. if we make this l

clemente began to cry as the jury was reading.ed result that they put in. for mr. ravi's part, he was emotionless, i think probably in shock. he seemed to stare down at the floor, not able to look at the jury as they read those results, but the family clearly in court every single day or almost every single day if not every single day of this trial. certainly happy that this part of it is done, but it's not clear to me that they will ever feel closure in this case. >> as for dharun ravi, as we mentioned, he could be going to jail for ten years, and it's so important just to reemphasize, had it not been for social media, right, had he not tweeted about what he saw, he may not be in court today. >> the prosecutors really built their case around this. he saw clemente -- nothing he ever said was sort of virulently anti-gay, he was never really, really mean to him, but when he saw him -- when he turned on his webcam, saw him and mb, this visitor that he had making out or kissing, had other people present there and then tweeted about it

in new brunswick, new jersey. >> clemente killed himself after the web cam incident.i is not charged with the death. >>> after four days of fighting, israel halted their strikes against palestinian militants in gaza, during talks talks with egyptian moderators. both sides said they had no interest in seeing the fighting spiral out of control into war. the israeli military has stopped their strikes against gaza militants and rocket fire into southern israel has decreased. 24 palestinians have been killed in the fighting that began friday. >>> that turmoil in the middle east is still contributing to soaring gas prices around the u.s. the national average for a gallon of regular has climbed to $3.80. and analysts say it could hit that dreaded $4 a gallon. the news is even worse for people in our area. the average price in maryland is actually higher than the national average, $3.81. that's up 28 cents from last month. and more than a quarter from this same time last year. >>> two closely-fought primaries are under way in mississippi and alabama. susan mcginnis reports fo

on the right is robby who is on trial facing 15 counts in clement's death.man with clement in the video, his identity is being kept secret. one of the charges is this was a hate crime. that is a real challenge for prosecutors, isn't it? >> it's a huge challenge. i don't think they are going to get there when we charge a hate crime, we are asking the jury to look into the mind of the defendant and say he committed this particular crime because he has a bias against a group of people. in this particular case, against homosexuals. >> i've been hearing did he say to you he had a problem with clement? no, but that was my impression. >> we heard a lot of testimony he has other friends that are gay. he said i'm just a little uncomfortable having a roommate who is gay. it's not necessarily a bias against all gay people. where we see hate crime when you talk about a neo-nazi and you can see there is literature in their room that says i hate this and they belong to a group that is absolutely out there in saying things like that. >> what about him? he wasn't trying to

clement. >> mr. chief justice, and may it please the court, the mandate represents an unprecedented effort by congress to compel individuals to enter commerce in order to better regulate commerce. the commerce clause gives congress the power to regulate existing commerce. it does not give congress the far greater power to compel people to enter commerce, to create commerce essentially in the first place. now, congress, when it passed the statute, did make findings about why it thought it could regulate the commerce here. and it justified the mandate as a regulation of the economic decision to forgo the purchase of health insurance. that is a theory without any limiting principles. >> do you accept your -- the general's position that you have conceded that congress could say if you're going to consume health services, you have to pay by way of insurance? >> that's right, justice sotomayor. we say consistent with 220 years of this court's jurisprudence, if you regulate the point of sale, you regulate c

clement represents 26 staaes that want to overturn a provision that reqqires all legal residents to havet in paul clement)"these issues are rrally central to whether phe federal governmenttcan really regulaae anything it wants to."trt=:05the so called 'broccoli question' resonates federallgovernment to tell them what to uy. [sot "charlie" ]sot in :32 "obama care. no, i am very oopooed to it. i am very innependent and i want to take care offmyself aad i thinn everybody else should take care oo themselves to."tt=:08 [sot anthony reda]sot in 1::0 "" doo't think anyone has a right to tell you to buy something."trt=:03a new yyrk times-cbs news pool this week found that 47 percent of americans don't ike the aw. vegetables at this grocery - store ttp in both directtons. rachel jones says, as a child, her mother ffrced her to eat vegetables.[sot in rachel and monica]sot in :53 "everybody shoold eet vegetables, everybody should have healthcare."trt=:04[sot in rachel and monica]sot in 1:49 "the government is takiig an investment in us being healthy. i don't think they are taking over our livess" 1