appointment for the three days at the third point i make is in the role of 2010, then solicitor general elena kagan acknowledged before the night is a supreme court that quote the senate may act to foreclose the president's recess appointment power by declining to recess for more than two or three days at a time over like that. presidents have not in recent decades made recess appointments during intercession recesses lasting eras in three days. so there is most recent opinions and presidents that by those who would likely support the philosophies of this president would college with this president is doing is wrong and to speak to the gentleman from virginia mentioned is that this should be about appropriate powers of the executive branch. it should not be about republican or democrat philosophies. it should be about the country and what is good for the country. i believe that all of us in the legislative body as well as executives need to adhere to the precedents and the laws and rules with top bush. without doing that, these bodies cannot game greater credibility with the country and i would sub

but even beyond that, the logic would suggest that that affirmative action would be -- >> with elena kaganf, there are eight justices who will consider this. what if it comes down 4-4. what happens then? >> that mean the lower court pin is upset. it says that affirmative action was allowsed. the supreme court can change its precedents, so a 4-4 would be a tremendous one, but if you look at the five justices all have indicated a good deal of skepticism, and that's fight votes. that's all you need, and it does look like the affirmative action program is in a lot of trouble. >>> justice kennedy, are you saying he almost certainly will join the other conservative justices? he normally is one of those swing votes on the supreme court? >> he is usually the swing vote, but on these issues, for example, in the godder case, justice o'connor's opinion, he was a dissenter. he has almost always voted against affirmative action plans. he's sometimes a swing vote, but on this case, i don't think -- at least historically, when it comes to affirmative action and civil rights generally, he's generally been

make a case one example involves the harvard law school is obama's latest supreme court appointee elena kagan argued a case in front of the justice department against the humanitarian law project with the support of the far right to justices. obama won the case but the charges is one that may implicate many people here that the charges and they provide material assistance that is on the terrorist list in this case come of legal advice to the pkk and group, one of the kurdish groups -- kurdish groups expanded the concept from providing guns are something like that to providing the legal advice and even advice >> extends a very broadly and shortly after the supreme court decision dozens of fbi agents but to destroy the documents for when they break your home but the charges they are trying to find evidence of those of been indicted by the grand jury or supporting the palestinian group for pro but the idea of expressing support for the troops on the terrorist list is material assistance to move that is novel in the justice department position was explained that if you provide legal a vice but to

justice elena kagan as oked whether they go after lying politicians. >> mitt romney has a new poll showing him rising to or virtual tie in his home state of michigan, which will hold the primary on tuesday. he made news today when he said the wealthy should pay higher income taxes. >> in arizona, mitt romney called for a 20% across-the- board income tax that raised eyebrows by also calling for a tax to reach the more plan like president obama. >> i will limit the deductions and exemptions particularly for high-income folks so we can make sure the top 10% keeps paying the current share or more. barack obama says that is what is fair. high income folks to pay more. he would raise the tax rate. the president today proposed a cut in corporate tax rates, like mitt romney proposes but not as big of a cut. some obama and mitt romney proposals are converging. it states that they see him as the republican whip of the shot to beat the president. that helps explain his 16 point lead in arizona and today's poll. in his comeback in michigan. the rick santorum surge seems over. mitt romney and rick sant

elena kagan, since they are. it's been incredible. it went from zero to several of my lifetime.though it will be nice. i guess you have to have half a person. i worked on the film's if women ruled the world trek to buy richer cars and shot in the capitol rotunda. we have a dinner party with the man who had achieved in prior to the filming there is a sort of tail reception. i was able to meet sandra day o'connor. i also met betty for dan and various women who repaired part of the dinner party. i have sandra day o'connor who she admired and she sent me a hand because the american women had just won the world cup. i was delighted that she advocated for greater attention to women's sport. that was a thrilling occasion and i was definitely one of the less famous people in a room full of high achievers. but my role was to sort of represent the women's history persons and part of the stomach to his students students on the trolley around d.c. and we pointed out how easy it is to imagine women as justice and liberty. we have obviously the statue of liberty and women holding up scales at

elena kagan was solicitor general. you have the four liberals one of them is gone. you have three liberals verses four conservatives and one swing justice, justice kennedy who has not been a fan of affirmative action. that is the context. >> you tell me where i am going wrong. i know how much you enjoy doing that. all right. the liberal point of view on it in in the supreme court ruling on it said listen because of historical atrocities directed primarily toward african americans and native americans, the playing field has still not been installed at a legal basis. that culturally blacks and american indians are held back because they didn't have the resources, they didn't have the traditions that the white people have. >> right. there's even bias in certain testing that you consider the sat. >> i throw that out. i don't believe that for a second. >> all right. fine. >> here's what i do believe. that's true. i do believe that because of poverty, particularly, all right, that african american students and not all of them but a lot of them and native american students

justice elena kagan asked whether the government could go after like political candidates or cheatingpouses. the trouble, justice stephen breyer said, is you can think of 10,000 circumstances. still, some of the justices seemed less than convinced that pup nishing a lie about a medal would chill free speech. the court record shows alvarez told a lot of lies but one of them is destined to redefine free speech. at the supreme court in washington, brian mooar, nbc news. >>> some breaking news, the jury in the murder trial of a university of virginia lacrosse player may be getting close to reaching a verdict tonight. julie carey is live with an update. jew julie? >> reporter: this jury deliberating nine hours now and gave the judge their latest update. they told the judge they need another 30 to 60 minutes to deliberate. they told the jim, for now, they are declining dinner that could mean one of two things. it could mean that they are closing in on their verdict and expect to have it soon or it could mean they are getting weary and when they report banks backe to the judge the next time,

decided 5-4, but the court has become more conservative in the last nine years and liberal justice elena kaganas reduced herself because she worked on the issue at the justice department. the court may rule in october, possibly making the case an issue in the presidential race. back in 2003, when the court first considered this, we marched outside the supreme court. we fought to make sure all student also a shot at a good education and here's my message today. we're ready to do it again. i'm freaking out man. why? i thought jill was your soul mate. no, no it's her dad. the general's your soul mate? dude what? no, no, no. he's, he's on my back about providing for his little girl. hey don't worry. e-trade's got a totally new investing dashboard. everything is on one page, your investments, quotes, research... it's like the buffet last night. whatever helps you understand man. i'm watching you. oh yeah? well i'm watching you, watching him. [ male announcer ] try the new 360 investing dashboard at e-trade. all your important legal matters in just minutes. now it's quicker and easier for you to sta

elena kagan is sitting this one out, recused herself because she was working on this case before she was conferred to the supreme court. high stakes case here. it could be that the supreme court will look at this again and take away the ability to use affirmative action which advocates for racial diversity claim which would be a big blow. >> pete williams outside the supreme court. thank you. >>> i want to show everybody the numbers once again, keeping a very close eye on wall street. the dow jones now seven points away. six points away from reaching that psychological benchmark of 13,000. it hasn't been that high since may of 2008 before the financial crisis. we're going to keep our eye on that one for you in a moment. >>> plus a teachable moment. a chicago teacher suspended for using the "n" word in a classroom. now he's suing the school. he's going to be here to tell us why. today is gonna be an important day for us. you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, joe? let's go ahead and bring it online. attent

elena kagan, sotomayor. isn't it incredible, it went from zero to several in my lifetime. i guess you'd have to have half a person because of nine. i worked on a film, if women ruled the world, shot in the capitol rotunda. we had a dinner party with women who had achieved, and prior to the filming there was a sort of cocktail reception. i was able to meet sandra day o'connor, i also met betty friedan and various women who were a big part of that dinner party. that was very exciting. i actually asked sandra day o'connor who she admired, and she said mia hamm because, of course, the american women had just won the world cup. and i was delighted that she advocated for greater attention to women's sports. that was a thrilling occasion, um, and i was definitely one of the less famous people in a room full of high achievers. but my role was to sort of represent the women's history person. and part of the film i took my students on the trolley around d.c., and we pointed out how few statues of women there are and how easy it is to imagine women as justice and liberty. we have, ob

dean of the harvard law school, is -- happens to be obama's latest friend in court, appointee, elena kagan, and she brought a case against want humanitarian law project with the support of the far right justices, obama won the case, and the charges is one that might implicate plenty of people here. the charge is they provided material assistance to a group that's on the terrorist list. the material assistance in this case was legal advice to the pkk, a turkish group, not a curdish group, but they expanded the concept of material assistance from say, you know, providing guns or something like that to providing the legal advice and even advice to turn to non-violent means. that's now criminal under u.s. law, thanks to president obama, and it extends very broadly. in fact, shortly after this supreme court decision, dozens of fbi agents raided homes in chicago and other cities, destroyed documents, usual thing when a couple dozen fbi agents raid your home. the charge was -- they were trying to find evidence of the people they were -- finally indicted with a grand jury or supporting the palesti

we saw it in their supreme court cases term where the administration and even justice elena kagan called an amazing argument against religious liberty. we have seen this in the in eligibility of a catholic institution to engage -- to apply for funding for anti- trafficking because of that institution posing positions. we have seen its in the administration's failure to defendant defense of marriage act. host: rubio bush is back on the health mandate. you can read more at the miami herald this morning. more calls for ed whelan, this one from albany, oregon, will is an independent. caller: good morning. i have a question. how is it that we americans are all expected to use the -- the catholic calendar, the year of christ, the gregorian calendar established by pope gregory, how is it that we don't have religious freedom in america now? understandnot sure i the caller's point. if he wants to use his own calendar, no one is stopping him. it may be difficult for him to communicate with that. we have all sorts of place names named after religious figures. that's part and parcel of our religious

appointment for the three days at the third point i make is in the role of 2010, then solicitor general elena kagan acknowledged before the night is a supreme court that quote the senate may act to foreclose the president's recess appointment power by declining to recess for more than two or three days at a time over like that. presidents have not in recent decades made recess appointments during intercession recesses lasting eras in three days. so there is most recent opinions and presidents that by those who would likely support the philosophies of this president would college with this president is doing is wrong and to speak to the gentleman from virginia mentioned is that this should be about appropriate powers of the executive branch. it should not be about republican or democrat philosophies. it should be about the country and what is good for the country. i believe that all of us in the legislative body as well as executives need to adhere to the precedents and the laws and rules with top bush. without doing that, these bodies cannot game greater credibility with the country and i would sub