who is going to defend doma before the high court? >> it's actually already happened because in the federal appeals courts when the justice department said it couldn't anymore defend a law because it concluded it was unconstitutional, house republicans stepped into carry on the legal battle and they are already here in the supreme court asking the court to take these cases. so they would defend the law. >> pete williams our man at the supreme court and we should note if there is a development here during this hour, of course pete will come back and we'll break it live. >> you bet. >>> let's bring in constitutional law expert robert shapiro. he's also a former clerk for retired supreme court justice john paul stevens. good afternoon to you, sir. >> good afternoon. >> as more states legalize same-sex marriage, is there going to be more pressure on the justices to address this issue? >> absolutely. i think the justices inevitably react to the trends that they see around. and as more and more states do it, this issue of what is going to b

eight of them deal with the federal defense of marriage act, or doma.ng me now is chris geidner. the man who knows the supreme court inside and out, pete williams. pete, good to have you with us. break it down. which cases are we talking about, and how quickly might we find out whether they will move forward? >> reporter: well, if they're going to take any of these cases, thomas, it's very likely we'll find out this afternoon. and i think the most likely event here is that they will grant one of the cases that challenges the federal defense of marriage act. passed in 1966 by congress signed by president clinton, it defines marriage as for federal law purposes as only the legal union of one man and one woman. now, the practical effect of that is that in the nine states that now grant or soon will grant same-sex couples the legal right to get married, those couples are legally married under state law, but the federal government doesn't recognize their marriage, which means that they can't get survivors' benefits, they don't get tax benefits, they don't ge

it consists of the doma challenges. one of them is one of the court court is most likely to grant review in. all these courts have found federal statutes to be unconstitutional in the supreme court has to resolve that. that is what it does. if it doesn't do that, doesn't do anything. so i think there is a question about which case will be -- the united states switched its position during the administration from defending doma to arguing that it's unconstitutional. and it has recommended to the courts that there are two cases, there are only two cases in which there has been a court of appeals. i think the windsor case is the more likely one in part because the justice department has recommended that. so i really think that that case will be -- that case will be heard. i will be extremely surprised if the supreme court does not grant review in a case. and that we do not get a decision on the constitutionality of doma. the other two things, the famous case, which shadows a little bit about, is the property case in califor

this additional tax on same sex domestic partners adds another sting to doma.se next few weeks will be significant forjíÑ the lgbt community and those who stand with them as the supreme court will decide whether to -- proposition 8 perry case and various doma cases however i don't believe we should stand still while this discrimination continues. i look forward to working with everyone on the board to the rest i submit. >> clerk calvillo: thank you. supervisor chu. >> supervisor chu: thank you very much. i have an empirrative item later on and i want to speak to it. it is a purely commendatory item. i am joined by supervisor elsbernd in sponsoring this. i simply want to recognize the grand reopening of the sunset rec center in my district located in the the heart of the sunset district and is actually our own full scale rec center that is available. we have many playgrounds, play fields, but we don't necessarily have a rec center so this one has been under construction foru the last two years. it was part of the 2008 clean that the voters approved and is a 14 m

case, or whichever doma case they take. for all kinds of reasons. it's an extraordinary thing that the federal government, while it except for state government definition of marriage for every other kind of marriage including common law marriages or other marriages, there are some differences between the states. this is the one category that gets singled out for differential treatment so that just sets it up i think for justice kennedy who has a romer philosophy, so that is my most hopeful expectation. >> chad, turning around but could you, from a strategic standpoint, is there are risk in bringing these issues to this court? >> i think anytime one files a lawsuit there is always a risk that you can either win or you can lose. i absolutely believe that we are on the right side of this issue. we have the actual constitution in our favor. essays on the trial with 12 days of brilliance that chief judge walker oversaw. we are not opposition. is forced into a court of law, where truth and fact are the only things that matter, un

step in and put a toe into the water of this massive national debate, they may consider to look at domaarriage act, and the particular case that has reached its chambers, and that case effectively is about benefits to couples -- >> right. >> -- who are already married and the federal recognition of such benefits, that it's not effectively going to change anything in the law of the land when it comes to people who want to gay marry, correct? >> absolutely. and i have to tell you there are actually ten different cases about eight of those have to do with doma, and underlying all of that is that question of benefits. people don't realize that when you get married, there are a whole bunch of financial things that happen just because you're married. and that right now happens more often for, you know, male and female marriages as opposed to same-sex marriages because there are certain states that follow doma that say, no, you don't get the same benefits. you have a different tax structure because in these states we're going to treat you as single because you're, you know, same-sex and you're

case, or whichever doma case they take. for all kinds of reasons, it's an extraordinary thing that the federal government, while it accepts the state government definitions of marriage for every other kind of marriage, including common-law marriages or other marriages, there are some differences between the states. this is the one category that gets singled out for deferential treatment. so that just sets up i think for justice kennedy, unicom has sort of rome or philosophy, and so that's my most hopeful expectation. >> chad, sorry to interrupt, but could you from a strategic standpoint, i mean, is there a risk in bringing these issues to this court? >> i think anytime one files a lawsuit there's always risk. you can either win or you can lose. i absolutely believe that we're on the right side of this issue. we have the actual constitution in our favor. as we saw in the prop eight trial, which was 12 days of brilliance that chief judge walker oversaw. when our opposition is forced into a court of law, where truth and fact a

eight involve challenges to the defense of marriage act known as doma.ederal government from recognizing same-sex marriages, and, it says one state does not have to recognize the same-sex marriage of another state. it was signed into law in 1996 but then president clinton, it was passed by large majorities in both houses including large margins of democrats. president obama was before the law before he was against it. but now the administration is pushing the supreme court bill to overturn doma as well. already two lower courts said the clause that bars same sex spouses from receiving federal benefits like social security, survivor benefits, insurance, violates the constitutional guarantee of equal protection. that is why observers say it is very rare that the high court would allow these lower courts to strike down an act of congress without weighing in which is why many expect them to take one of the doma cases up this spring. bill: is it possible they could take up another similar case? >> reporter: it is. there are two other cases involved. let me te

. >> today ciu investigator franko doma says he'll meet with a trusted informant in an area that dominatesng chicago project. >> my job is to identify as many guys i can inside the housing complex and he's going to give me drug suppliers, rank and this is just one building. i just need you for a few minutes. remember how we do the hierarchy charts? that's what i need you for. i believe in his credibility because i've dealt with him in the past. he's been in and out of the systems, so in incarceration we built a repoire. i raised this kid. all right. remember what we did last time? you know him, right? whose the main guy in the projects that i need to know about? >> he dead. >> he dead? that's fine with me. that's the main guy? who will take over? somebody on there, correct? so inside that project, what is the dominant drug, what is the drug of choice inside that building? is it the heroin? is it the marijuana? is it the cocaine? >> heroin. >> heroin. is there a special name you guys use for the heroin? what do you guys call the dope line? you guys got a name for it? just the heroin? let me

believe the justices will decide to hear the california case, along with at least one other involving doma or the defense of marriage act which denies same sex couples equal benefits under federal laws. they say they think that now is not the time to bring the issue of gay marriage to the highest court in the land. a married gay couple told us tonight they're hopeful the court will rule in their favor. >> momentum is on the side of the freedom to marry. polls nationwide show the majority support marriage equality. >> we've been saying all along, once we reach the supreme court, that we will prevail, and that proposition 8 will be upheld. >> given that gay marriage is now legal in nine states. the district justices will make a decision on whether same sex couples have the right to marry. that case is expected to happen friday. if the justices decide to hear that case, a final ruling is expected sometime in june. live in san francisco, monty francis, nbc bay area. >> thank you. >> looking live at the bay bridge toll plaza now, where it was dry all day long. that's about to change. how soon w

so there had been a number of challenges to doma and it is imploding. there are dozens of bankruptcy judge's ruling that it is unconstitutional as applied to the statutes that they are implementing. the attorney general says we are not going to defend the constitutionality anymore, though the administration is still enforcing it. there have been decisions now, our circuit, charcoal and of graduates. i believe two of the three panel members struck down the defense of marriage act and i think the first would be a very solid foundation for a supreme court ruling. it will issue some kind of result next june. the final question is the pairing question, the proposition a question. does the u.s. constitution requires states to recognize same-sex marriages? mclean suggested and i argued in 1996 that the constitution as a matter of principle does prohibit such discrimination. the question is not as the constitution prohibit it? i think that is the right answer and i believe that is the answer people will have to reach as a society at some point. the real questio

. >> eliot: in same-sex marriage where there is an attack on the doma act. explain that one. >> well, that one was passed at a time when almost no states had same-sex marriage. now most states do, and the trend is in favor that have. three months three states joined the bandwagon, and california, the biggest state judicial decree to allow same-sex marriage. as we see more and more states joining this bandwagon, the federal policy that allows states--that says the federal government does not have to recognize that seems increasing increasingly weird, irrational and in some ways in violation of states rights. >> and here you have attention two states rights, and civil liberties that should exist for individuals to marry, and congress passing law that marriage is of individuals of different sex. it's not whether i like it or i don't like t it it, that's why we need the professor to explain this. >> if you're married under state law, why shouldn't you be married security purposes and income tax purposes. >> cenk: the supreme court says you must be, although we'l

so there had been a number of challenges to doma and it is imploding. there are dozens of bankruptcy judge's ruling that it is unconstitutional as applied to the statutes that they are implementing. the attorney general says we are not going to defend the constitutionality anymore, though the administration is still enforcing it. there have been decisions now, our circuit, charcoal and of graduates. i believe two of the three panel members struck down the defense of marriage act and i think the first would be a very solid foundation for a supreme court ruling. it will issue some kind of result next june. the final question is the pairing question, the proposition a question. does the u.s. constitution requires states to recognize same-sex marriages? mclean suggested and i argued in 1996 that the constitution as a matter of principle does prohibit such discrimination. the question is not as the constitution prohibit it? i think that is the right answer and i believe that is the answer people will have to reach as a society at some point. the real questio

he doesn't need the supreme court because he declares laws unconstitutional, like doma.e wants an unlimited credit card, and you all will have to pay the bill. we have a debt ceiling, as much as people anguish over it, we need to have a conversation about what we are spending and why. will this be a problem if the president followed through on his 2008 comments to cut the deficit in half? no. he but he is not only not cut the deficit in half, he has actually proposed $1.6 trillion in new taxes. it is the kind of thing only alan colmes would love. >> so much for that. >> he didn't declare doma -- [talking over each other] [talking over each other] megyn: the defense of marriage act which defines it as between a man and woman. >> all right, let me get your point. i agree with you. i don't think the president should have sole authority to raise the debt ceiling. megyn: oh really? >> cannot just be, please? i don't want the next president have that same problem of power. i think that should be something worked out of congress. during the george w. bush administration, the de

obama administration had used the judiciary to oppose a solution on all 50 states that involved making doma unconstitutional and cutting off a debate when the other side made gains there is a lot of victories in something that is so far unique to the northeast and the pacific coast as a popular base movement should then be imposed on the midwest, the south and every other part of the country, 30 -- 32 states voted to prohibit it. >> i take my hat off to the the principles. -- for soundly embracing their principles. became ready for flight and they did not back down one bit when i came to their perspective. or abortion. -- where were the republicans? have republican showed up, maybe there would have been a difference. rex i want to say this, it is failed. that was a failure to put resources, focus, and energy into working on each constituency that could have voted down the bill. the pro-life democrats being a great example. about $1 million out of the $80 million that was spent had been focused on that, maybe it would have voted differently and we would not be talking about obamacare today.

>> that's what they expect politically because he has came out against doma and for same sex marriage: we don't want anybody -- i want everybody to be clear. we don't want anybody to be discriminated against. no americans. we don't want that we got involved with the ellen degeneres thing when they were demanding pennies. not good. if you are an american shouldn't be discriminated against. >> that's the point. >> bill: christmas, huh? seven weeks away. >> i know. think. >> bill: thanksgiving next week. all right. tip of the day by the way is about christmas. hang around for that so, nativity scenes are going up what happens, wiehl. >> a little town in ellwood city, pennsylvania. a group out of madison, wisconsin. >> bill: wait, wait, wiehl, you always do. this what is happenings in ellwood city. >> in ellwood city they have had this nativity scene for years. >> 50. >> bill: 50 years. >> group in madison wisconsin last year. >> bill: where is it, wiehl? >> now it's not going to be there. it was in front of the municipal building. >> bill: okay. 50 years. >> 50 years. >> ellwood city, li

it's legal in this state but because of doma you don't have certain rights.anie: now check out the advice on facebook. >> this is all very strange. >> i agree. something is not right. >> it's "the stephanie miller show." (vo) jennifer granholm ... >>for every discouraged voter, there are ten angry ones taking action. trickle down does not work. in romney's world, cars get the elevator and the workers get the shaft. that is a whole bunch of bunk. the powerful may steal an election, but they can't steal democracy. [ voice of dennis ] allstate. with accident forgiveness, they guarantee your rates won't go up just because of an accident. smart kid. [ voice of dennis ] indeed. are you in good hands? (vo) she gets the comedians laughing and the thinkers thinking. >>ok, so there's wiggle room in the ten commandments, that's what you're saying. (vo) she's joy behar. >>current will let me say anything. [ ♪ music ♪ ] [ ♪ music ♪ ] >> announcer: stephanie miller. [ ♪ music ♪ ] >> stephanie: hmm, "the stephanie miller show." go to pc dot? try go to my pc for free 45 days

and they are bringing what is the most effective case against the so-called defensive marriage act, domand we will find out whether the supreme court will take up one or more or any of those cases and then have -- we should have a ruling by next june. so, is a big moment for marriage and marriage equality and it felt appropriate to write about this and i will tell you a little bit about why intended it for. the book is laid out in the conversation between me and someone who would describe themselves as reasonably tolerant of gay and lesbian people also tolerance isn't all it's cracked up to be. i have a friend who says that the only thing one should have to tolerate is hemorrhoids. [laughter] perhaps a little overstated. but if you for ever been on the receiving end of tolerance it doesn't feel all that much better than intolerance. if someone is begrudgingly at mending your right to exist it just doesn't feel all that warm and fuzzy. so, i imagine a conversations and i've talked with hundreds of people for the issues and people that are not ready to go all the way to being advocates for

funding for women's sports doesn't mean it went away and when we get marriage equal the were the end of doma, there will still be lots of work to do so we have to be in this for the long haul. last i would say that i think gay marriage offers a vision of radical egalitarianism, a relationship not based on an explicit or implicit sexism and i think that is why it is so frightening to people and why we hear the religious right touting the sort of traditional husband is the head of the family kind of language i just think it's challenges that whole system in a way that feels like we are being cut loose from the mornings, and you are either excited about that as i am or frightened to death of it and i think there are a lot of frightened people off their. last, i hope this book will empower you we and other people you know to do it particular part in this movement. one of my favorite places in the whole world is the national civil rights museum in memphis tennessee that's up the old hotel where dr. king was assassinated and as you go into the front door in this remarkable museum there's a big bla

and we do not get a decision on the constitutionality of doma. hee other two case -- t famous case is the prop eight case from california. that is from a ninth-circuit appeals decision, which by 201 vote struck down prop eight. the supreme court denied cert. the supreme court would be to affirm the ninth-circuit opinion and prop eight be unconstitutional. it is a big question with the court will do. their arguments are made that you do not have to review this case. it is about california. let it be. let the ninth-circuit decision stay in place. you do not have to take the case dice.l-- roll the i have no idea what the court will do in that case. there is the possibility that at the end of november when the court considers this, they would grant review in one case, and just hold the others until the end of the term. that is a strong possibility. the third is from arizona in which from the ninth circuit lawng that arizona's taking away partner benefits from same-sex partners was unconstitutional. if the court decides -- denies cert, there there is

election night to november 20th, when the united states supreme court will meet and consider a group of doma case out of arizona and now proposition 8 case, perry case, we have won that case in two courts and we are waiting to determine whether the supreme court is going to grant cert in one or all of those cases. we'll know that probably the week after thanksgiving. and they don't grant cert marriage will start in california. if they grant that case or the other cases we should know by early next summer what the results are. i'm hopeful that this court, as has the lower courts, will side with freedom, liberty, and equality. >> chad griffin, thank you so much. we've known each other a long time. great to see you. >> indeed we have. a pleasure to be here. >> and up next, the class of 2016, would you believe, who will be the leaders, the candidates? this is "andrea mitchell reports" only on msnbc. tdd#: 1-800-345-2550 let's talk about low-cost investing. tdd#: 1-800-345-2550 at schwab, we're committed to offering you tdd#: 1-800-345-2550 low-cost investment options-- tdd#: 1-800-345-2550 like

a little bit about these cases that are challenging the federal defense of marriage act, known as domae law that defines marriage between a man and a woman where there are some federal issues involved. what would be the implications if the supreme court actually ruled on this? >> doma, the defense of marriage act, these cases essentially have to do with federal benefits and whether couples in states where same-sex marriage is legal are eligible pour federal tax benefits, social security. it goes on and on. it's the question is whether it's okay for the federal government to try to regulate marriage because throughout history marriage has been regulated by the states, so the system could look at the narrow question of federal power or broaden it out. it's really up to them to sort of determine the scope of the case. >> let's talk about those specific states because we have voters in maryland, maine, washington state that have approved same-sex marriage in the elections early this month, and you have nine states and d.c. where same-sex marriage is legal. how does the supreme court if it

rebels and the democratic republic of congo have captured the country's largest eastern city doma in the ongoing fight with government troops. aid group said it temporarily suspended operations in several areas following violence that's caused the displacement of thousands of people. at the london nations, aid officials won the conflict between the drc government and the and 23 rebels is endangering civilians. >> the entire committee working ongo arern c extremely concerned about the effect it is having on civilians and the displacement of them read they're concerned about the-- >> it prompted many people to flee toward goma and rwanda and a major id p camp has been virtually emptied. previously, the round 60,000 people there. >> the and 23 rebels are rwandan from hundreds of congolese soldiers turned themselves in to them, surrendered in goma. the united nations has disclosed a number of new aids infections has declined by half in 25 of the world's poorest countries. the unaids chief said the eradication of aids is within reach. >> we're already achieving the minimal development goa

it's a virtual certainty the court will take the doma case. courts have overturned an act of congress. it's much less certain they'll take the prop 8 case and we'll only find out today which cases they're going to take because if they're not going to take any cases we won't hear about that until monday. all we get are the grants. no guarantee today but the justices are meeting in a closed door conference. these cases are on the agenda. so we may find out as early as today, chris. >> nbc's justice correspondent pete williams. for the record i would watch a show called pete's predictions. thank you, pete. >> reporter: you'd be the one. >>> next, we'll head to the hill to talk to members from both sides about the fiscal cliff clash. plus, sharp divisions at the united nations. the world defies the u.s. in a historic vote for palestinians. and huge crowds are gathering in tahrir square after egypt approved a controversial new draft constitution. it's a move that's likely to inflame the political crisis there. we're live in cairo with what it all m

the coalition was formed over the weekend at a summit in doma. at least 24 people at and killed and more than 100 wounded in a series of bombings across iraq. a multiple explosions were reported in at least four different areas, including baghdad and kirkuk. israel and palestinian leaders in gaza have agreed to attack -- agreed to a tacit truce following days of violence in the gaza strip. at least seven palestinians have been killed in israeli attacks on gaza since saturday. eight israeli civilians have also been wounded by palestinian rockets. the temporary ceasefire was brokered by the egyptian government, but both sides say they're prepared to resume attacks if it fails. the united nations general assembly has voted overwhelmingly to condemn the u.s. embargo against cuba for the 21st year in a row. the final vote was 188 to 3, with only israel and the pacific island state of palau joining the united states. u.s. envoy abroad -- robert goddard urged fellow general assembly delegates to reject the measure. >> this resolution also serves to dist

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when we get marriage equality or the end of doma, there will still be lots of work to do. we have to be in this for the long haul. lastly, i guess i would say that i think that gay marriage offers a vision of radical egalitarianism, a relationship not based on explicit or implicit sexism. and i think that is-itis of writing some people. it is the traditional, you know, the husband is the head of the family kind of language. i just think that it challenges that patriarchal system in a way that feels like we are being cut loose. either you are excited about that as i am, or you are frightened about it. and i think there are a lot of my people. lastly, i hope this book will empower you and people you know to do their particular part of this movement. one of my favorite places in the whole world is the national civil rights museum in memphis, tennessee. it is that the old lorraine hotel where doctor king is assassinated. if you go in the hotel, this remarkable museum -- there is a big black monolith of marble or granite or something. and carbonate is this ever upwardly trail o

if doma were to be, that may become an important statistics agencies want to know.is when you get attention when some federal agencies as they want to know that. in health care if we get elements of the health care law that has a specific impact that helps the argument for better data. >> really big issues that do not have an lgbt title matters in the family -- immigration reform. this affects all of us and our families and partners. the debate about the fiscal cliff. if we do not favor of a sensible way to resolve the impact on so many of our families, it is humongous. we do not want to get ahead of ourselves and say we do not have serious for some are not just about us. the great challenge in the next two years is how we in bed ourselves in a real way and each debate that is smart and thoughtful. how do we use that relationship to build relations with progressives? >> i am hesitant to bring of the pentagon. don't ask don't tell is historic. it was passed and that had full lot that is removed from our books. we have to remember that our men and women who fought and

obama administration had used the judiciary to oppose a solution on all 50 states that involved making doma unconstitutional and cutting off a debate when the other side made gains there is a lot of victories in something that is so far unique to the northeast and the pacific coast as a popular base movement should then be imposed on the midwest, the south and every other part of the country, 30 -- 32 states voted to prohibit it. >> i take my hat off to the democrats for sally embracing the principles. became ready for flight and they did not back down one bit when i came to their perspective. or abortion. we're worthy republicans? -- where were the republicans? have republican showed up, maybe there would have been a difference. rex i want to say this, it is similar to why the republicans fight against health care bill failed. that was a failure to put resources, focus, and energy into working on each constituency that could have voted down the bill. the pro-life democrats being a great example. about $1 million out of the $80 million that was spent had been focused on that, maybe it would

experts say it is likely the court will reconsider doma and it will make that announcement next week.o watch an viewer created ad message for little caesars who proudly salutes united states veterans everywhere. >> clarksville is a small town on the tennesse/kentucky boader and it is a really great place to raise a family. my name is lloyd allard i was a chief officer in the special forces, i was in the army for 23 years. i have made 1400 parachute jumps. well, my experience in the military was varied. i spent a lot of time in iraq, a lot of time in kuwait. i did two tours in iraq and i decided it was time to do something different with my life. i saw little caesars as a way to give something back to my family. the little caesars veterans program provides financial support and equipment when you open your store. the little caesars veterans program give me a sense of ownership and pride in my business because i am the owner of this business. as a former military person i did not have the business experience and little caesars provided the training and support along the way to get that

doma only recognizes marriage as between a man and a woman. to proposition 8, that's california's ban on same-sex marriage. which voters narrowly approved in 2008. >>> she's bruised but not broken. coming up the exclusive look inside lady liberty. looking at the damage left behind by sandy we'll see what needs to be done to get the american icon back up and running. [ female announcer ] nature valley granola bars, rich dark chocolate, toasted oats. perfect combinations of nature's delicious ingredients, from nature valley. ♪ nature valley granola bars, nature at its most delicious. something this delicious could only come from nature. now from the maker of splenda sweeteners, discover nectresse. the only 100% natural, no-calorie sweetener made from the goodness of fruit. the rich, sweet taste of sugar. nothing artificial. ♪ it's all that sweet ever needs to be. new nectresse. sweetness naturally. bp has paid overthe people of bp twenty-threeitment to the gulf. billion dollars to help those affected and to cover cleanup costs. today, the beache

the justices will consider requests to review cases that challenge doma, the defense of marriage act, as a violation of the constitution's equal protection marriage. also on the table potentially, they're considering a challenge to prop 8, that is california's ban on same-sex marriage which voters narrowly approved back in 2008. >> this is a huge move by the court today to find out what they're going to do. >>> an update on the health of former president george h.w. bush. he's in stable condition at a houston hospital. he was admitted a week ago and is being treated for bronchitis. his office says the former president is expected to be released in the next few days. the former president is 88 years old. he is now our oldest living former president. >>> major question this morning, about the stalled middle east peace process. what happens now? the palestinian authority, they did receive a giant endorsement yesterday when the united nations general assembly voted to upgrade its status to non-member state. >> but the united states and israel strongly, strongly oppose this resolution, cla

. >> several cases deal with doma, the defense of marriage act, is what we're talking about.the heart of those cases and how likely is it that the court will decide to hear one or more of these cases? >> actually, most of the cases they're looking at, there are ten cases, most of them revolve around the defense of marriage act. and at bottom this all has to do with federal benefits and whether couples in states where same sex marriage is legal are eligible for benefits like tax breaks, social security pensions, of course, can have huge significant financial impact, the question, of course, is what role should the government play when it comes to the issue of marriage, which throughout history has been regulated by the states. so the supreme court could look at this narrow question of federal power, or they could sort of broaden it out into the discriminatory effects of the law and so on. it is really up to them to determine the scope of the case. most court watchers would say this is the most likely of all the legal challenges to be taken up, don. >> timeline for rulings and

doma defines marriage between a man and a woman and there is a provision that denies benefits of same-sexich makes it more likely that the supreme court will want to hear at least one of those cases. one of the big questions we had after the election is not why mitt romney lost but why he was so convinced he was going to win. this morning the new republic has an exclusive report on the campaign's final internal polls in six swing states, and it looks like they were flawed. pollsters overestimated the turn turnout when polled they were most interested in the election. and they were off on their demographics as we now know the the new republic, voters turned out to be younger and less white than the romney campaign expected. the romney team thought they had momentum going into election day and it was likely at that stage of the game the most loyal partisans were answering their phones for pollsters. everyone at that point had had enough. we're back after the break. stay with us. going to do the young turks. i think the number one thing that viewers like about the young turks is that we're h

, ruling doma unconstitutional and then cutting off the debate at a time when, yes, the other side has made gains, but the pro-marriage side has also won a lot of victories. and to say that something that is basically, so far, unique to the northeast and the pacific coast as a popular base movement should then be imposed on the midwest, the south and every other part of the country, 32 states of which have explicitly voted to prohibit it. >> [inaudible] look, i, i take my hat off to the democrats for roundly and soundly embracing the principles. they came ready for a fight. they didn't back down one bit when it came to their perspective on social issues whether it was gay rights or abortion. the question is, where were the republicans? if you look at the surveys and you see that a majority of americans are pro-life, you scratch your head and ask why didn't republicans get into the battle with them on abortion? same thing with gay rights. why didn't republicans show up to the battle? had republicans showed up, had karl rove spent, you know, 38 cents of his 700 million, maybe there would