he won't turn over e-mails on elena kagan. he has politicized this department. he lost the ability to lead it. we don't have confidence in his leadership. he needs to go. now if he doesn't get that message --. bill: do you back sensenbrenner when he calls for i am people? >> 100%. bill: can your committee do that? do you have that power?

and his office or elena kagan and others because the congress had filed briefs in the health carehe was worry what is called separation of powers. i represent those 105 members of congress so i found it pretty interesting he was blaming our participation in the litigation as a reason not to disclose justice kagan's involvement. at the end of the day in arizona -- go ahead. bill: but there is one key piece of evidence that you pointed to. laurence tribe is a harvard professor and there is an e-mail exchange about the health care legislation. what did that e-mail specifically say? >> well, she expressed to professor tribe how thrilled she was over the passage of the affordable health care act called obamacare. bill: is that enough then to build an argument to suggest she is not neutral on this topic? >> well she certainly expressed her pleasure with the legislation and the passage of the legislation. does that mean she expressed her opinion as -- what she would say in her defense, if i was defending her i would say, that didn't express her opinion on the constitutionality of it. but

((back to track//o)) jjstice elena kagan has recused herself from the ccse...e april, with an pinion duu byy late june or early july. in washington, shaanon bream, fox siiilar laws in alabama, south carolina and utah allo are facing lawsuits from the white house... some private groupp are suing over immigration measurrs adopted loved--ones... too.. say good-bye.../ to... a... virginia tech... officerr../ killed.../ n... the line of dut. &ppiiles" &pfilled... the... virginia with sound...// ááasáá officer... derek crouse.... is honored...// ááthisáá the scene... last wwee ../ .áácrimeáá area...// as... making ...a... when.../ 22-year-old... ross ashley .../ walked... up to his cruiser.../ nd fired...//. ááashleyáá... then... turned the gun...// on...himself...// in ...a... nearbb parking lot...// áávirginia'ssá governor.../ addrrssed... crouse's... / and we're here this afterroon to be able to grieve with you, but at the same time to cclebrate an incredible life &pwellllived that so maay f us can emulate and be thhnkful for. tina,.../ ááhisáá 16--year old... son

justice elena kagan who served as president obama's solicitor general will not take part in the case. the supreme court is expected to consider the issue in april with a final decision due in june. >>> turning now to the markets where global stocks are trying to stage a comeback after a downgrade from moody's sent investors fleeing in monday's session. for the details, let's go to cnbc's steve sedgewick in london. >> good to see you. the euphoria today has been zapped out of the market. we had hope we'd get a decent sized bounce after yesterday's dropping on the u.s. and european indices. the problem is once again the euro zone. all the rating agencies, s&p, fitch and in this case moody's are concerned that we haven't had enough cohesive action out of the euro zone. so moody's has warned the euro zone and broader eu that in the first quarter of 2012 there could be some form of change to the ratings. they're saying basically brussels did not come up with a cohesive agreement and that means basically nothing has changed and we haven't got nearer to resolution for the euro zone. back to

justice elena kagan will sit this one out, presumably because of her time in the obama justice department. pete williams, nbc news, at the supreme court. >> the occupy protest movement started on wall street, became occupy the ports today. protesters blocked or disrupted traffic at some of the nation's largest and busiest ports. up and down the west coast from portland, oregon, to oakland, san diego and houston, the goal was to protest corporate greed, unsafe working conditions for dock workers. there were several dozen arrests reported in all. but no injuries. after some delays, traffic resumed at the protest locations. >>> we'll take a break. up next on a monday evening, mitt romney gets into a tense exchange and an uncomfortable moment with a vietnam veteran on the campaign trail. later, chelsea clinton will join us with the story of a woman who quit her job to follow a calling and is making a difference for children. >>> the iowa caucuses are now just 22 days away and newt gingrich seemed to pass his first crucial test as gop frontrunner this weekend, surviving his first debate as fro

and because justice elena kagan is recused, that means you could have a 4-4 tie. four conservatives against four liberals. if that happens the lower court decision stands which means the obama administration wins and the law doesn't go into effect. but, nevertheless, the fact that four justices wanted to hear the case, presumably four conservatives, suggests there might be four votes to actually rule in favor of arizona. the health care is different. you have such a division among the lower courts. the obama administration was begging the supreme court to resolve the uncertainty. so the court had little choice but to take the case. but the fact that two conservative federal judges, very respected conservatives, have upheld the health care law recently makes some people optimistic or at least cautiously optimistic that perhaps the supreme court will, in fact, uphold the individual mandate. >> "rachel maddow" show at 9:00 eastern here on msnbc, "the place for politics." >>> about 100 miles from the penn state campus jerry sandusky will come face to face today with s

. >> elena kagan did not participate in the decision to take up the case and presumably won't hear oralents next spring. if the case ends in 4-4 tie, the ninth circuit decision blocking portion of sb-1070 will stand. in washington, shannon bream fox news. >> bret: canada environment minister says his country is pulling out of the climate change. the u.s. never sign on to agreement. we will talk about the republican presidential race and what newt gingrich told carl cameron today. the back and forth between gingrich and romney as well. the fox all-stars join me when we come back. >> announcer: if you think identity theft is scary, just wait till you try to fix it. >> 58 different individuals are using... absolutely using my old social security number. >> announcer: identity theft has topped the federal government's list of consumer complaints for the last 11 years. it's a serious problem with anyone with a social security number, and it continues to get worse. fact is, on your own there are many things you can do to deter identity theft. protect your social security number. be internet s

another caveat is the recusal, of elena kagan. tie, which would ultimately result if it was 4-4 in a win for the obama administration. >> bob: kagan recused herself because she was solicitor general on the appeal. >> kimberly: i love when you go intellectual on me. >> dana: they are not required to say why they recuse themselves. but there is curiosity why she would as solicitor general and now a supreme court justice recuse herself on immigration and not on healthcare. >> bob: this is important day. last year was the first year in 25 years not an increase in illegal citizen in the country. congratulate the obama administration for that. >> dana: i thought you were going to save that for another day. >> bob: i decided to get it in when i could. >> eric: can we discuss these statistics? we don't fight over numbers. we fight over the interpretation of them. >> greg: why enforce the border? just have the mexican drug lords do it. they have our guns. >> eric: back to your number. there are more illegal immigrants in the country. more

the hearing republicans pressed holder for information about the role of supreme court justice elena kagandrafting the defense of president obama's healthcare law. kagan was solicitor general before the appointment to the high court. justices will hear a challenge to the law next year. some people called on kagan to recuse herself from the case. >> federal law provides for the resolution of the recusal questions that each justice has to make those kind of. >> i'm not talking about the recusal questions or what a supreme court justice might or might not do. i'm talking about my request for documents. i can't imagine a good reason to withhold them unless you assert a legal privilege and we could discuss legal privilege. i haven't heard you say you're asserting a legal privilege. >> the documents you have requested have been released under a foi filed and both documents are available. >> the documents i asked may or may not have been released. that is what we are trying to find out what other documents might exist. >> bret: we'll continue to follow this story. many liberal groups argued that

. >> elena kagan did not participate in the decision to take up the case and presumably won't hear oral. if the case ends in 4-4 tie, the ninth circuit decision blocking portion of sb-1070 will stand. in washington, shannon bream fox news. >> bret: canada environment minister says his country is pulling out of the climate change. the u.s. never sign on to agreement. we will talk about the republican presidential race and what newt gingrich told carl cameron today. the back and forth between gingrich and romney as well. the fox all-stars join me when we come back. multi-policy discount. paperless discount. paid-in-full discount. [yawning] homeowner's discount. safe driver discount. chipmunk family reunion. someone stole the nuts. squirrel jail. justice! countless discounts. now that's progressive. call or click today. did you hear sam... ...got promoted to director? so 12 seconds ago. we should get him a present. thanks for the gift basket. you're welcome. you're welcome. did you see hr just sent out new... ...office rules? cause you're currently in violation of 6 of them. oh yeah, baby?

one of the justices, elena kagan took herself off the case. doesn't say, but it's presumably because of the work she did on the issues when she was a solicitor-general before she came to the supreme court. only eight justices hear this case. you're right. it's going to be big political issues in the supreme court. health care, immigration, and congressional redistricting, the case the court agreed friday night to take up from texas, thomas. >> pete williams, thanks so much. appreciate it. >>> former penn state assistant football coach jerry sandusky goes face to face with some of the young men accusing him of sexual abuse in court tomorrow. prosecutors plan to lay out new details of their case calling some of sandusky's alleged victims to testify in public for the very first time. in the mean time in an interview with nbc news, sandusky's attorney suggests the alleged victims may be working together, and that may be motivated by money, an allegation that one victim's attorney vehemently denies. >> at least one of the accusers, that's all the a

justice elena kagan, who was involved in the administration's opposition before joining the court, will hear the case. that set up a potential for a 4-4 split, meaning the law would not go into effect but the decision would not settle constitutional questions, ie, lose-lose. number three, we've learned memphis police have not been contacted by anyone accusing former aau ceo bobby dodd of sexual abuse. two men told outside the lines that dodd abused them in the 1980s, when he was a basketball coach at the memphis ymca. memphis police said the case will only take baby steps if an accuser does not actually contact them. number four, the proposed merger between at&t and t-mobile all but dead. that's what a cell phone industry analyst told "out front" tonight. this came after at&t requested a federal judge put on hold an anti-trust lawsuit. a suit at&t has to win for the deal to go through. the justice department sued to block it said it would hurt customers by raising prices on your cell phone bill. the proposed $39 billion deal would make at&t by far the largest carrier in the united state

justice elena kagan, who was involved in the administration's opposition before joining the court, willthe case. that set up a potential for a 4-4 split, meaning the law would not go into effect but the decision would not settle constitutional questions, ie, lose-lose. number three, we've learned memphis police have not been contacted by anyone accusing bobby daud of sexual abuse. when he was a basketball coach at the memphis ymca. memphis police said the case will only take baby steps if an accuser does not actually contact them. number four, the proposed merger between at&t and t-mobile all but dead. that's what a self phone industry analyst told "out front" tonight. this came after at&t requested a federal judge put on hold an anti-trust lawsuit. a suit at&t has to win for the deal to go through. the justice department sued to block it said it would hurt customers by raising prices. the proposed $39 billion deal would make at&t by far the largest carrier in the united states. >>> it has been 129 days since the u.s. lost its top credit rating. what are we doing to get it back? we may

. >> reporter: justice elena kagan will likely sit out the argument.e law could be blocked for good. we are guesstimating the court will heart challenge in april of next year with a decision in slate june. that means this administration will be facing two big rulings at one. one over the healthcare law. both decisions could come in the middle of the battle for the 2012 white house. megyn: tom horn has been at center of this immigration firestorm. he' the attorney general of arizona. he's our guest live in less than 10 minutes on "america live." back now to the campaign trail where newt gingrich and mitt romney are clear front runners in the race for the gop presidential nomination. the rules, however, are very different this year. and that could have a big impact on the outcome of this race. there are 2,282 delegates up for grabs. to win it a candidate needs 1,142. but only 115 delegates will be decided at the end of the first four contests. all this talk about iowa, new hampshire, south carolina. and florida. only 115 will be award. and you need 2,28

he won't turn over e-mails on elena kagan. he has politicized this department.st the ability to lead it. we don't have confidence in his leadership. he needs to go. now if he doesn't get that message --. bill: do you back sensenbrenner when he calls for i am people? >> 100%. bill: can your committee do that? do you have that power? >> absolutely. i hope it doesn't get to that. i hope he gets the message. bill: you were about to say if? >> if he doesn't resign. when i say he can do, he can do it the quick way or do it the long way, what he needs to do is the honorable thing. what leaders do is accept responsibility and leave. that's what he needs to do. bill: there were four boxes from this gun shop owner of evidence, right, that he collected or sent through evidence in e-mail form. >> e-mails --. bill: one box from the attorney general's office. >> which was half full. bill: these are strong allegations you're making here. what suggests to you as to why his office his department, is not more forth coming? what do they have to hide? >> well, what they have to hid

arizona rules the federal government hasn't addressed financial and safety concerns and justice elena kaganill not hear the case because of her earlier work as slit tore general opposing that law. >>> the billionaire once described at 6'8" bachelor and martial arts expert will go up against putin. he calls it the most important he c decision of his life. he is worth billions of dollars. >>> a convoy of truckses contracted to nato forces in afghanistan was attacked by armed men in southwest pakistan. police say the gang of motorcyclists killed one fire before setting fire to the tankers. last night's attack is the second in four days. . pakistan closed nato supply roots that killed pakistani soldiers last month. >>> security forces in yemen shut down all roads in the central prison after 15 suspected members of al qaeda escaped this morning. men tied to the terrorist cell in the arabian peninsula dug a nearly 26-foot tunnel to escape. earlier this week, four guards were killed when a dozen suspected al qaeda prisoners, escaped, wolf. >> you hear a lot about al qaeda guys escaping from yemen.

alisyn: supreme court justice elena kagan is recusing herself from the challenge to arizona's controversialrved as president obama's solicitor general at the time the original lawsuit was filed against the state. and federal express setting shipping records this week. monday was their busiest day ever. they've added temporary jobs and offered overtime to get everything delivered, and amateur video capturing a pipeline fire after it was reportedly attacked in syria. the pipeline is a key source of natural gas for syria from egypt. no word on who's behind that attack. >>> there are new developments now on the friday afternoon rampage by a gunman in the heart of hollywood. a veteran music producer has died following that attack. "america live" brought you this story, brought it to you as it was breaking last week. the gunman was firing at random cars at that famous intersection of sun sunset and vine. john atterbury was shot in the face and neck as he drove by. fox's trace gallagher has the update live from our west coast newsroom. this is tragic, trace. >> reporter: i'll tell you, john attar

elena kagan is most open to the idea with you others expressed opinion that cameras could be intrusive change the way the justices conduct their arguments and deliberations. justice anthony kennedy said the court is very collegial and the cameras could change that dynamic. supporters say sunshine is the best disinfectant. they point out the court proceedings are public and should be seen easily in the public. this new move to put cameras in the high court after the court decided to hear the new health care law. one key decision is whether individuals would be required to buy health insurance because of intense public interest. senators dick durbin and chuck grassley to require the court to allow cameras in the courtroom the first time. one former senator arlen specter of pennsylvania was a witness today. he answered the charge this could raise a constitutional question. can congress tell the courts what to do? >> the court can come back and say it is a violation of separation of powers. i frankly do not think they would because you have very strong public opinion in favor of having the

it's interesting to note this morning that justice elena kagan took no part in thecursion of whetherhear this case. she'll likely sit out the argument. remember she served as solicitor general for the obama administration before being nominated to a seat on the court. if there is a tie at the court meaning a 4-4 sit the lower court's ruling stays in tact, we guesstimate the court will hear the challenge in april of next year by the decision late june or area july, that means the administration could face big rulings over the decision to sue a number of states over their immigration laws and a decision on the president's health care law could come at the same time and actual of -- and all of that in the middle of a reelection battle. jenna: so with the health care law as well that, timing is june-july for the final ruling on that. >> it could come at once. jenna: a busy next summer. shannon, thank you very much for that. we're going to take a closer look at this with the executive director of law and american justice. let's stay on the immigration law for a moment here. with this one

mentioned this in the book, i have talked about this with john roberts and with ruth ginsburg and with elena kagan and they all have this -- remember the same sort of sensation at their first argument. is really a very memorable event. c-span: what happened to the case you were arguing? did you win? >> guest: no, i lost. i lost and it was not an earthshaking case, but they did decide a question of statutory construction under the cost justification defense under the robertson patman act. peco you serve 30 for some years on the court. what has it been like for you since you left? i mean, and why did you write the book? >> guest: well, it is kind of a story, it's sort of grew by itself. when i had left the court, i was invited to attend a fairly large number of informal sessions, where i talks to smaller groups like the rotary and groups in arlington and elsewhere, and i was repeatedly asked one of the questions that i always got was usurped the chief justice. tell us a little bit about how they were alike in how they were different. people seem to be interested in the possible differences between d