david levine is a law professor with uc hastings. >> the reality is that the regulations have the potential to allow potentially any

sound from - david levine is hurricane michael slammed the floriday coast as one of the strongest stormsn recent memory. it continues as a powerful storm tonight bringing more flooding rains and powerful winds into georgia. the storm will move rapidly to the north east through the carolinas before moving back into the atlantic. it was mostly sunny but nice around the bay area today but cooler with highs in the 70s inland and 50s and 60s at the coast. on the satellite you can see high pressure starting to build toward the west coast. it will bring warmer weather and offshore winds this weekend. highs tomorrow will be a little warmer and in the mid to upper 70s with 60s at the coast. it will be much warmer on friday and thiis weekend with some highs in the 80s. fair weather will continue into next week. (catherine) she was choking -- and turning blue in the face.. a baby stopped breathingin a shopping mall..then deputies raced to help...saving her life. less trent has the emotional interview with that little girl's parents... (ken)tonight: california senator dianne feinstein, the ranking d

for more analysis we have the uc hastings law professor david levine here. thank you for joining us. >> thank you. >> judge brett kavanaugh was confirmed with the slimmest of managers in history, 50-48 along party lines. will this big partisan battle we just witnessed change the way things happen moving forward? >> we will have to see how it settles in. justice roberts will probably become the new swing vote. he is a little more conservative than justice kennedy. so we will have to see the difference that makes. and we will have to see how far to the right justice calving pushes the court. are they -- kavanaugh pushes the court. will they be aggressive on things like taking new gun cases. what about presidential powers? there are a lot of things until we see a number of cases, what kind of a justice justice kavanaugh will actually be. >> and he was sworn in by chief justice robert, replacing anthony kennedy who is retiring. what do you think? there is so much talk about how conservative this could mean for the court with justice kavanaugh coming on. as you m

sound from - david levine is a professor of law with hastings college of the law in san francisco"that is where i think she is going i don't think she changed her mind on the big number l"in san francisco gabe slate kron 4 news morning... deputies detain 12 people in morgan hill and seize 21 guns at an illegal marijuana grow. the grow was discovered on miramonte avenue when deputies served a search warrant yesterday morning. these are pictures of the marijuana grow and the guns that were seized. police have not said if any of the 12 people detained were actually arrested. ( lydia ) happening now... you have a chance to win more than 540 million dollars. there was no winner in tuesday's mega millions drawing. now the jackpot is up to 548 million. the pirze has been growing since july 24th. the next drawing is set for friday. if you take the cash option you will only get about 300 million dollars. ( lydia )coming up at 9 on the kron four morning news... a california escapes death... after being rescued from a burning home. that story coming up in the next hour. ( lydia ) and here's a liv

us now to talk more about justice brett kavanaugh's first day of hearings on the high court is david levine from uc hastings school of law. good of you to be here. justice kavanaugh as we know, went through such a bitter and contentious confirmation process, how does that affect the way he transitions into his role on the high court? >> well, you never know, alex, how long it's going to affect him. there are people who think that justice thomas never got over what happened to him with anita hill. hopefully that's not what's going to happen, and it sure seems like he has eased in, at least for the public part of the job, as much as he could hope for. he asked some questions today in the first cases, and, his supreme court colleagues are certainly trying as much as they can to show that they are accepting him into the fold. >> how difficult my that relationship be, at least in the early stages with his fellow justices? >> will remember, he knows a lot of them already. justice neil gorsuch is a schoolmate from georgetown prep and he helped get a supreme court justice roberts on the court. just

. >> for more on these hot button issues, we are joined by ktvu david levine from the uc hastings college of law. thanks for being with us. we have watched as the migrant caravan has swollen to 7000 people heading toward the u.s. border. the president is threatening major financial consequences for those three central american companies. automall, honduras, el salvador. what would it take to do that and how effective or productive would that be? >> i believe that the president would have to seek authority from congress on that. i am not positive that there is a specific appropriations for each country. so, it's possible that through the state department, he could make those changes. but i do think it would require legislation so he could recommend in the next budget that there be no money for those countries. now, as to the effect of this, it's absolutely, 180 degrees in the wrong direction. because the purpose of that money is to help those countries be as safe as possible and economically viable as possible. and, these people who are trudging across mexico are seeking safety, and they a

. >> for more on this we are joined by david levine from uc hastings college of law. good to have you with us here today. you are a constitutional law expert. can you settle this? does president trump have the power to get rid of birthright citizenship with the swipe of a pen, without using a constitutional amendment? >> if he can do that, the entire constitution is subject to that kind of a challenge. this is one of the pieces of the constitution that is about as clear as it can be. there is words in the constitution, saying that if you are born in the united states, you are a citizen. the idea is that if you are on the soil, when you're born with very narrow exceptions, and we could talk if we have time for that, you are a citizen. many countries go that way. there are countries that go the other way but we are not one of those countries. it was confirmed in the 14th amendment because the whole point was to overrule the dred scott case which everybody thinks is one of the worst decisions ever. because they created an exception against african- americans and their de

david levine is a law professor. >> the text of the 14th amendment that we're talking about is about as clear as a piece of the constitution as there is. >> reporter: he says the constitution and its amendments cannot be changed with the flick of the pen. >> the idea you can overturn all of that with an executive order is essentially ridiculous. it's as close to an impossibility as you could imagine. >> reporter: the president's suggestion of ending the 14th amendment through executive order does have some support from conservative talk radio circles who have railed on ending the idea of so-called chain migration for a while. >> they actually get welfare benefits because they were an anchor baby for their families. >> reporter: the 14th amendment was actually tested and upheld based on an 1898 case out of san francisco during the chinese exclusion act era. u.s. verses wongk. arc was held off a boat following a trip to his parent's home in china and had to sue to get back in. sueme urt agreed that the texts of the 14th amendment required him to come in because he had been born in the

frame this as a criminal investigation where judge kavanaugh is innocent until pr >> reporter: david levine says that this doesn't assess capitals testimony. he reveals the difference with republicans and democrats are viewing the situations. >> the democrats bring this as a job interview, a promotion to life tenure on the highest most prestigious court in the world. >> reporter: there is the question of how much the fbi will probe the cases of two other women accusing kavanaugh of misconduct. kavanaugh testified under oath denied assaulting anyone and said he never left out or became too drunk to remember events. that prompted a statement by a young classmate who told reporters that kavanaugh not been truthful in his testimony. >> i can unequivocally saying that denying the possibility that he ever blacked out from drinking and downplaying the degree and frequency of his drinking, brett has not told the truth.>> reporter: cineplex says that it kavanaugh lied he would vote no on the confirmation. republicans with their 51-49 majority cannot afford to lose more than one" they hope to push th

. >> reporter: david levine says testimony reveals the differences is in which democrats and republicans view the situation. >> the democrats view this as a job interview. >> reporter: there's also the question of how much the fbi will -- probe accusations of two other women. deborah ramirez says he exposed himself to her as a drinking party and julie slotnick says she saw him drinking and making inappropriate sexual contact with girls and saw another party where she was getting wrapped. republican say she is not credible. she spoke publicly -- she spoke publicly on a short time show. i just want the facts to come out.>> reporter: kavanaugh has repeatedly denied allegations and said he never became too drunk to remember . that prompted a public statement by a deal classmate who told reporters that kavanaugh had not been truthful. >> i can unequivocally say that in denying the possibility that he left out from drinking and downplaying the degree and frequency of his drinking, he has not told the truth.>> reporter: he said he felt it was his civic duty to step forward and make a statement.

he has been following this court case he says what happened today is not a surprisesound from - david levineis a professor of law with hastings college of the law in san francisco"this is normal practice to motion and appeal" what happens next.. the judge asked that lawyers from each side turn in written documents to her by friday answers to her questions and to lay out their arguments. the judge is expected to make a final ruling within 2 weeks. professor levine believes judge bolanos will still rule in johnson's favor but significantly lower the amount monsantos has to pay johnson. (catherine) (catherine) some not great news for commuters in san francisco hoping to drive down fremont street soon. the street has been shut down between mission and howard since cracks were discovered in two support beams at the salesforce transit center. four steel towers are now in place to shore up the area... the hope was to get the street reopened by this friday. but now transit center officials say that won't happen until next wednesday - october 17th. meanwhile...overnight closures of first street are d

he has been following this court case he says what happened today is not a surprisesound from - david levines a professor of (grant) fremont street between mission and howard has been shut-down since cracks were discovered in two support beams at the salesforce transit center. the hope was to get the street re- opened today.. but now transit center officials say fremont will be closed until next wednesday october 17. one block over on first street... repair crews have successfully set up these massive yellow jacks to shore up that area which has a similar design. overnight closures of first street are done for the week, but there will be one more between 9pm and 5 am sometime next week (catherine) happenig now...a message of hate scribbled on the pavement outside a dental clinic in the south bay... san jose police are investigating the message as a hate crime. kron 4's gayle ong is live at the san jose police department with detailson who police are looking for...gayle? gayle liveswastikas and other hateful images were discovered monday morning.san jose police just released a photo of the su

david levine is a law professor with uc hastings. >> the reality is that the regulations have the potential to allow potentially any employer to decide to opt out. >> the state attorney general's office did offer a statement that read in part, women are entitled to make their own health care decisions without interference from politicians or their employers. adding that congress made clear that all women and their families have the right to access cost-free birth control under the affordable care act. california argues it could create an undue burden for the women and the state. >> i stand here today to ask the court to protect our rights. >> in san francisco, christie smith, nbc bay area news. >>> the courts have no time limit on making a decision. typically, they're decided within three months to one year. >>> a possible mountain lion sighting had a college campus on alert. they responded to a call regarding a mountain lion sighting at the college of san mateo. they saw it on the baseball field. the animal is not aggressive and no one was hurt. the department of fish and game was notified

. >> for more both of these issues where joined by david levine. good to have you with us. clearly this way of migrants is a humanitarian crisis and it has turned into a political issue. the president is trying to pin this on democrats for this wave of people heading north. how likely is that argument to work and how much will it energize the conservative base? >> they will believe what he says. it is a pretty convoluted argument essay somehow the democrats are at fault. we have particular laws in the due process clause. that is not going to be changed. it is a difficult situation and dependent on the democrats is not correct. >> now we also have the president threatening to take action against some of the central american countries where the migrants are coming from. can he take this unilateral action to cut off humanitarian aid to these countries? >> it depends on the authorization from congress, rather it is a core of money or country by country. he certainly could recommend to congress. the real question is will it be helpful? it is really counterproductive and i think

law professor david levine on what he saw today. >> the question is did the plaintiffs have sufficient evidence to demonstrate not just the product could cause cancer but it caused this man's cancer. and that's what was in dispute. and then the second issue would be the question of whether the $33 million was an appropriate amount to award. >> reporter: and the $33 million was part of compensatory damages. that could also be reexamined too. the judge has asked for briefs from both sides by close of business on friday, and the judge has to decide what to do very quickly because she has 60 days from the verdict of this trial to act and the verdict was on august 11th. so that is coming up very quick l. and this will impact potentially thousands of other cases against monsanto across the country. reporting live from civic center plaza this evening, sam brock, nbc bay area news. >> thank you, sam. >>> let's switch gears to our breaking news coverage of hurricane michael. the storm made landfall and has already claimed a life. forecasters say michael is the most powerful hurricane to hit the

david levin is a volunteer with graded fire.her for the first time in a year, these two firefighters tell the story of a battle to save the senior living facility. >> by the time we were in place the fire was impacting us into the building. i was probably about 30 or 40 feet away from captain. lee and his crew and i cannot see him because of the smoke and fire. >>reporter: about 120 people inside the center and knowing the fire was everywhere outside, firefighters including told residents to shelter in place. and abel had recently moved in. thought that was a scary situation. it with the fire and heavy smoke and thicker than fog.>> we had a two or three hose lines and the amount of fire that was impacting us was incredible and i told my crew we just need to stay behind with some shelter and put out what we can.>>reporter: after the front hit, both realized made its way to the kitchen or a window. the two men enter their crews worked down to cut claims. if they didn't -- spec the fire would've spread a living spaces even if resid

. >> joining us now is our constitutional analyst, david levine. before we start, we want to put up the 14th amendment. this is specifically what the 14th amendment says. all persons born or naturalized in the united states, and subject to the jurisdiction thereof, are citizens of the united states, and the state wherein they reside. given that writing in the constitution, can the president use an executive order to overturn the proposition? >> let's y emely unlikely that executivnumber one, you have very clear constitutional language. number two, we know exactly what congress was trying to do when it passed that language in 1868. number three, there are consistent u.s. supreme court cases on this matter. number four, there is to this date an authoritative opinion from the office of legal chances -- counsel from the justice department all saying no. >> can republicans introduce legislation to do this? >> they can certainly try. there is a better argument to try to trim this a bit through legislation than there is with the executive order. there is

. >> ezra levine, david corn, thank you for joining us tonight. >> thanks for having me. >>> and up nextig endorsement in texas for beto o'rourke for united states senate. today is the day you're going to get motivated... get stronger... get closer. start listening today to the world's largest selection of audiobooks on audible. and now, get more. for just $14.95 a month, you'll get a credit a month good for any audiobook, plus two audible originals exclusive titles you can't find anywhere else. if you don't like a book, you can exchange it any time, no questions asked. automatically roll your credits over to the next month if you don't use them. with the free audible app, you can listen anytime, and anywhere. plus for the first time ever, you'll get access to exclusive fitness programs a $95 value free with membership. start a 30-day trial today and your first audiobook is free. cancel anytime and your books are yours to keep forever. audible. the most inspiring minds. the most compelling stories. text "listen27" to 500500 to start your free trial today. they won't hike your ratestes. f

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