los mismos jueces que cuando considero la accion afirmativa en otro caso hace 9 anos, y la jueza elena kaganerior de abogada del gobierno. brenda arredondo, conferencia de liderazgo de derechos civiles y humanosy a que a lo menos vamos a quedar 4-4, que quiere decir que la decision se regresa a la corte mas baja al distrito 5 de texas." standup: fernando pizarro, washington d.c.esta decision de la corte, de la cual podria muy bien depender el futuro de la accion afirmativa en este pais, no se espera sino hasta los primeros meses del 2013. desde la corte suprema en washington, fernando pizarro, univision." buenas tardes, hoy hemos disfrutado de excelentes condiciones atmosfericas en todo el area metropolitana, cielo despejado y soleado con temperaturas muy agradables... la buena noticia es que a pesar de que tendremos temperaturas fresacas estamos esperando cielos despejados y soleados... actualmente tenemos una temperatura de 70 grados con cielos parcialmente nublados y viento soplando desde el sureste a nueve millas por hora... las condiciones a nivel regional estan muy estables con minimas

. >> i think it would probably be elena kagan. >> jeff toobin, it seemed elizabeth warren got that right saw scott brown move from left to right. >> it looked like he was sort of randomly picking names out of the sky. the justices who had absolutely nothing to do with each other elizabeth warren, her boss on the harvard law faculty was dean elena kagan have a long history together. >> and it seemed like scott brown wasn't ready for that answer. he was a practicing lawyer in massachusetts. to not be actively thinking about the supreme court as a senator is a little surprising to me. >> well, and to say that you're favorite justices are sotomayor and scalia among several hours that he named. there is a huge difference between those justices. that is the difference between roe v. wade being overturned or being upheld. to say you all like them equally shows you don't really know what you're talking about. >> what is your guess about how many justices you think might be replaced in the next presidential term? >> well, justices leave when they can. during the presidency of presidents they like

>> elena kagan. >> you knew. >> in republican circles is where they should throw a hail mary pass in michigan or pennsylvania. romney doesn't really want to but a lot of the super pac groups do. they want to make pennsylvania competitive. >> i've been thinking about that a long time. the big question this week, they have a debate victory bind them. the big question this week, they have a debate victory bind them. who chris: welcome back. they each won a debate. but the third one and that's this week's big question, who has the most at stake? >> the president. he has to be commanding and in charge of american foreign policy once in for all. >> i agree with that. and the fact that mitt romney doesn't know the interrelationship on foreign policy so the president has a pretty good shot if he can show himself. >> i think it's the president because libya will be the focus and he's got to get that story straight once and for all. >> it's clearly romney because he is still behind. he's got to remember there isn't a debate where you get every last point in. it's a leadership stage. he needs t

of supreme court you know, choices that i have made in two remarkable women, sonia sotomayor and elena kagan and i think that it is important for women to have confidence that their president knows this is a set of decisions for them to make in consultations with their families. their clergy, it is not something that politicians need to get involved in. >> if you could fix either the electoral college or the fact that we're going to spend a billion electing a president, and lord knows what cancer cure that might have started us down the road on, which would you do most urgently if you had unlimited powers? >> well, i think that is an easy choice, i think the amount of money that is being spent in my campaign, and mr. romney's campaign, and the super pacs that are out there, is ridiculous. and i as you will recall, when the citizen's united decision came out i took a fairly unusual step of saying that this was bad for our democracy in the state of the union speech. i continue to believe that. there is no reason why i believe we can interpret the constitution in a way that allows us, with some

>> i think it would probably be elena kagan. >> all right. >> warren later took to twitter where she retweeted a link to a news article highlighting senator brown's answer on the supreme court. as for the red sox, elizabeth warren said manager bobby valentine deserves another year. senator brown did not take a position, saying he would leave it up to red sox management. an important question in massachusetts. >>> this morning early in-person voting begins in ohio, one day ahead of the first presidential debate in denver. that's where mitt romney was last night where he made his last scheduled public appearance before tomorrow night's face-off. the republican candidate received the endorsement of a local legend, hall of fame quarterback john elway. he introduced romney to a crowd of 5,000 supporters. >> i get the opportunity to introduce to you the next president of the united states, governor mitt romney! >> last night romney who spent long hours preparing for tomorrow's debate said the stakes are greater than simply crowning a winner of the debate. >> people want to know who's going

. >> 23 elena kagan these have authorized cameras in court room. cook county could see its first televised trial by the end of this year. >> a nanny accused of stabbing to children to that and trying to take her own life weeks from her coma. wakes from her coma. the children were killed last thursday. she is reportedly speaking to doctors. police have not released a motive but relatives said she recently suffered financial and emotional burdens. when she woke up she asked to see her own family. >> police have arrested a convicted sex offender and former pop star as part of an investigation into child sex abuse by a bbc host. gary glitter was arrested. news reports say he was seen having sex with an underage girl while the bbc host abused another girl. police say he abused more than 300 children dating back to 1959. investigators are also looking into how much the bbc news about the allegations. >> the man being held behind bars for more than two decades for molesting children is about to be released in pennsylvania. he was the main suspect in the d

justice elena kagan from the newest justice on the court, she sat out and that leaves us with a justices and the possibility of a tie. of course, if that happens, the lower court decision upholding the university of texas policy, union rates would be good law. but here's where it comes down to. the nitty-gritty. we do think it's going to come down to the justice in this case, anthony kennedy. we have a lot of tough questions for both sides. today, he seemed to feel that he was uncomfortable with the fact that it was being used in a way that was good. lou: we will have much more on affirmative action and the south carolina voter id law being upheld. we will have the "a-team" coming up next. president obama sending our troops to the jordanian border with syria. governor romney surging ahead in the polls, and a house hearing today exposing the conflict and contradiction in the obama administration statements on libya. author and producer of 2016. obama's america, dinesh d'souza, is here with his perspective next. jim lehrer, candy crowley, all moderators of the 2012 debate and all liberal.

and we do know that justice elena kagan has recused herself.e's potential for a 4-4 tie on the court when they get around to making a decision on that. in that case, by the way -- and i don't think we can say this enough -- in the case of a tie, don, the previous precedent would stand. so there wouldn't be any change in the law in the united states. >> joe johns, thank you. >>> lucky to be alive. that's the best way to describe a north carolina man hit by a car that keeps on going. ally bank. why they have a raise your rate cd. tonight our guest, thomas sargent. nobel laureate in economics, and one of the most cited economists in the world. professor sargent, can you tell me what cd rates will be in two years? no. if he can't, no one can. that's why ally has a raise your rate cd. ally bank. your money needs an ally. wooohooo....hahaahahaha! oh...there you go. wooohooo....hahaahahaha! i'm gonna stand up to her! no you're not. i know. you know ronny folks who save hundreds of dollars switching to geico sure are happy. how happy are they jimmy? ha

including chief justice john roberts as well as scalia, elena kagan and clarence thomas. >> on friday, the federalist society how the discussion previewing the supreme court term. they will consider a challenge to the 1965 voting act, at the legality of a surveillance program, and an affirmative action case. from the national press club, this is about 1.5 hours. >> good afternoon. i am doug cox. welcome to our september luncheon. today's event is sponsored by the societies practice group, the lawyers chapter in the faculty division. our program is a little different from the regular lunches that take place in chinatown. there is no kung po on the menu. the new supreme court term promises to be one of those very important things. we have pulled together an all- star panel of experts to give us their thoughts and insights. our moderator today is pete williams. he is well known for being one of the first journalists along with his colleague to get this right on that december evening with the decision came down. we're grateful he is here today. >> each of our panelists has a set of want t

associate justice elena kagan has recused herself because of her involvement serving as solicitor general. >>> two groups of casinos lobbying maryland voters have now spent, get this, more money than has ever been spent before on a campaign in the state. you didn't really need to tell us that, bruce, because we can't get away from the ads every time you turn around. >> it's like there are more than in the presidential race. you think it's a good time to ask the boss for a raise? >> you go first. >> the tv station must be making a ton of money. two opposing groups of casino and development interests have now spent a record almost $36 million just in maryland and there's still 27 days left before the election. >> question 7 cuts taxes for billionaire special interests. >> it has gotten so bad the two sides are spending much of their money just blasting the other side's commercials. >> their dishonest as are everywhere. >> even the politicians are sick of. >> they drive me nuts. >> -- of it. >> they drive they nuts. >> i want to watch the ballgames. >> penn national, which owns a casino in w

justice elena kagan has recused herself from the case, leaving it in the hands of the remaining eightustices. in yemen, the yemeni head of security at the u.s. embassy in sanaa has been assassinated. qassem aqlani was killed by an unknown assailant earlier today on his way to work. rallies and vigils have been held across pakistan in support of a 14-year-old activist for girls' education who was left seriously wounded in a targeted shooting. malalai yusufuzai was on her way home from school in an area of northwest pakistan when militants stopped the vehicle is traveling in. one man reportedly asked for her by name, and then shot her in the head and neck. the pakistani taliban has since claimed responsibility for the attack, saying it targeted her speaking out against them as well as against "islam and sharia." malalai yusufuzai has been celebrated worldwide for opposing the taliban's efforts to stop girls from attending school. on wednesday, hundreds of people gathered in several pakistani cities to condemn the attack. >> there is nothing more cowardly than for grown men to be attacki

so, the key elena kagan in the partnering with a graduate student in the service academy and the naval academy and they started in engineering technique and it turned out that the edges of the media market looked nothing like what we generally think of as the media market and how many points did you put into which media markets. it turns out it doesn't look like the people were inside or outside whom you thought were on the other side of the line and it's not consistent. the other thing is the points are a really crude measurement and 100 planes is the average number of times a given person sees your ad. people have -- there have been a few times where nielsens basically allowed political target is to match individuals, their individual viewing habits to a voter file and model individual things so it turns out that yes it's an average of the average distributes on the crazy code as you think when you think about your friend to the tv viewing habits to the average maybe each person sees it five times or 20 times and a lot of people see it once though very few people see it five times an

she's particularly and members of for new college, elena kagan.and her choice is to be the senior liberal on the supreme court, or go sit by herself in her apartment near watergate. what would you do? [laughter] so i think she's going to stay. now, if obama is reelected, and it's looking that way, i don't think, i don't, i was not pandering. just making another one of my actual predictions. [laughter] -- excellent predictions. i don't think any of the conservatives will leave voluntarily. but it started to be a pretty old court. justice kennedy and scalia are both 76. you know, do the math. you don't always get a choice of when you leave, but i think if romney wins, ginsburg will try to hold on for the next four years. and i think if obama wins, kennedy and scalia will try to hold on, but you never know. >> close observation of chief justice roberts, would you care to stick to what was in the primary famously replied in his confirmation hearings that the job of a justice was just -- [inaudible] >> well, he is want to say that, that is the most quo

elena kagan supreme court covering ohio.he emergency request herself or refer it to the entire court for consideration so with the election three weeks out. court to come literally at any moment. shep? >> shannon bream, thank you. privacy advocates are slamming a texas school district for tracking students with electronic chips. students at a middle school and a high school in san antonino must now wear i.d. card embedded with these chips. the school district reports it has no intention to spy on students and that the chips helped track attendance which is directly tied to state funding. but an official toe american civil liberties union calls the practice dehumanizing and adds, quote: what kind of lesson does it teach our children if the chip like cattle. spoke with the science and technology editor foxnews.com and he he explained that these chips are much different than g.p.s. >> we have g.p.s. signals that beam from tens of thousands of miles away. tiny little things called rfid chips. they beam for only a few feet. maybe

one other note i would just say, elena kagan sat this out. just eight justices so if there's a tie the university of texas prevails because it won in the lower courts. did it seem like five justices are going to say we need to take another look at this university of texas system. >> the university of texas system could decide in narrow way this system is special or different and not make it a universal ruling that affects all universities. i want to say that from my own knowledge your knowledge, we're both active in university decision making and admissions and universities argue and we'll hear from the university of texas austin president who spoke after the arguments, bill powers, they argue that diversity is a value not only for the minorities, so-called minorities, but that white majority students get a better education from being educated in a complex class, that this is a better education and better preparation for the world at large. that is part of their argument. let's hear from president powers from the university of texas. >> hour

justice elena kagan is not taking part. she recused herself after working on the case as solicitor general under president obama. >> ifill: for more on today's arguments, we turn as always to marcia coyle of the "national law journal." she was in the courtroom this morning and is back with us tonight. mash ahow did the university of texas attorneys defend their policies? >> well, the university said that race under its plan is one of roughly a dozen fasters that are considered when a student is going to be considered for admission into the university. that there is no quota. that the plan as constructed and administered and implemented, follows all of the guidelines that the supreme court set down under the gretter decision in 2003. the justices, gwen, have divided by race in the past. so it wasn't surprising that that divide play out again during the arguments today. hujustices more moderate to liberal, such as justices breyer and soto mayor and ginsberg being concerned that abigail fisher was asking the court to overrule

>> well, elena kagan, president obama's second appointee to the supreme court, she has recused herself. she apparently -- the justices don't explain why they recuse themselves, but it seems clear that she worked on this case while she was solicitor general of the united states. so that takes a liberal vote away, making the case even harder for the supporters of affirmative action to win in this case. >> what happens if we have 4-4, then, a tie? does that change the way precedent actually is considered? >> well, there's a weird rule at the supreme court about 4-4 cases. if a case is 4-4, the court does not issue an opinion. it simply affirms the lower court decision, but it doesn't establish a new precedent. it basically kicks the can down the road, a 4-4 decision. in this case, the university of texas won in the court of appeals. so it would preserve affirmative action for now, but a 4-4 vote would certainly suggest just how precarious the idea of affirmative action in admissions is. >> and would suggest that that can is going to land down the road with another challenge at the high co

elena kagan is reduced from oregon and the case as a former u.s. solicitor general. it is a good bet the four more conservative justices, if not to strike an entirely, will limit the use of race. the three more liberal ones will go the other way. as usual, anthony kennedy will hold the deciding vote. on the one hand, he has said there have been some positive things about the importance of diversity. on the other hand, he has never voted to make sure that affirmative action unfolds. >> is it possible that this could be a 4-4 decision? guest: it is not likely but possible. if so, but would have the effect of an opinion without reasoning, automatically affirming the decision below which had upheld the texas program, meaning a split would mean that affirmative action stays the way we know it today. >> is the university of texas austin the only school that uses the system? guest: this combination of top 10% and the other materials, that is a texas thing. if you are getting the diversity through a race-neutral means, like a top-10 thing, it cannot add on this holistic race

. >> i think it would be elena kagan. >> i think she knew that as she was answering. >> really?> i think you could. >> that was cat who swallowed the canary. >> the canary. yeah, i got you on this one. no, that was painful. but warren later took to twitter where she re-tweeted a link to a news article highlighting senator brown's answer on the supreme court. lathering in that one. as for the red sox, elizabeth warren said manager bobby valentine deserved another year. >> that was a mistake. do not fiddle in sports, you're always going to make somebody mad. >> that's true. >> don't you think half the fans think he should go and the other half think he should stay. >> i don't know. >> did she step in it there on twitter? was that a mistake? >> that what? >> to tweet that bobby valentine. >> no, she didn't tweet that. >> she was trying to avoid -- >> i missed that. >> not knowing anything. she had to have a point of view. >> oh. so she studied up. all right, senator brown refused to take a position saying he would leave it up to red sox management. that's probably -- >> that may no

deciding to take the case and when they took it only a justicees act and on the order because just as elena kagan was solicitor general when they supported the university of texas and fifth circuit court of appeals so she is not sitting on this case and we have only eight justicees on the case and potential for a 4-4 tie is certainly there. despite these problems and the fact that this fischer has dubious remedy even if she can prove she was harmed, the court nevertheless took the case. some of the breeze and pointed out among other minorities the asians are discriminated against and it is historically true the chinese and japanese were discriminated against for a long periods of time in our history. if you are interested in the day and i don't know what may prove you might as well have them. in texas there are 3% of the population is asian american. there's another problem with these numbers. do they use the overall percentage of the population, use high school graduate or high school graduates who are able to go to some college at all like the university of texas. leaving those numbers aside, t

. >> and i understand that elena kagan is gonna recuse herself because she was -- there is a conflict of interest and anthony kennedy could be a critical vote? >> reporter: yes. lower courts ruled in favor of the school at the university of texas, therefore, it would be a deadlock an everything would be in place. i would note that i listened in on supreme court forums and lot of people pointed out that justice kennedy has never backed racial preferences and a lot of stuff on affirmative action. a lot of people don't think he will be the swing coat but a lot of people -- swing vote but a lot of people aren't sure. the woman who brought this case has now graduated from college. she ended up going to louisiana state university and since she's finished with her college work, you could say her case is moot. people are not sure if the court will do that. but they do that one out if they wanted to do that. the college admissions issue will get to the court, whether it is this one or another one in the pipeline. >> thank you. you can find a link to jame mip's blog at ktvu.com. pull down the n

>> elena kagan. host: that is the debate that we saw last week.ou mentioned it earlier, the crowd was definitely cheering on and contributing to that atmosphere. guest of the progressive wing of the elizabeth warren well be -- guest: the progressive wing loved elizabeth warren well before this. and scott brown won, he was a hero for the republicans as well. with other canned it -- with him mentioning justice scalia, it reminds me of bill richardson being asked to his favorite supreme court justice was. he said byron white. that is because john f. kennedy appointed him, but he voted against roe vs. wade. sometimes you have to know which you are saying before you answer a question like that. host: devi, michigan. hello. caller: i have a question about an independent named scott brown. i heard it on one television show and had not been able to verify it. i thought your guests might know. did he train for a change on the bill that switch to the $19 billion cost of implementing this complex thing to be fully recovered wealthy banks to us taxpayers? the

the ninth, elena kagan, was the solicitor general and the dean of the harvard law school.suggests there performing a robotic function and that is not what the court does. the easy cases are disposed of in the lower courts and they don't get that high. the supreme court tries to take courses that they think are important for guidance for the lower courts because they are tricky questions. if lower courts have split on that very question -- if you have the first circuit court in boston disagreeing with a second circuit court in new york regarding how a law should be applied or whether the first amendment protect this or that -- clearing up those differences is the job of the supreme court. justice robert jackson said, "it is not that we are final because we're infallible. we are infallible because we are final. host: pamela from michigan on our line for democrats. caller: hi. i was calling in response to the woman that called earlier from florida regarding the abortions. florida years ago, 973, roe v. wade went through, -- 1973. i cannot see is going backwards. i would like

. >> it would probably be elena kagan. >> let me ask you, why do you think massachusetts has never elected a female senator or governor? >> i don't know. [laughter] >> no idea? it does it trouble you? >> well, right now i am trying to do something about that. [laughter] >> senator brown, do think the senator kerry would be a good secretary of state? >> i do. he has a very good knowledge of world affairs. he is a leader on that issue, and i look to his guidance when we're dealing with foreign issues. i think he is. >> i want to do two important questions. it has been a hard-fought race. can you each say something you admire about the other, ms. warren? >> i think senator brown has a lovely family. [laughter] he does. [laughter] i agree with him when he voted for -- to their read of don't ask, do not tell. i think he was right. >> senator brown. >> she is a hard-working professor and is qualified. she has a hard-working family. she is such a good professor. i will do everything to make sure she will continue to be in that position. >> i saved the most contentious for last. the worst red sox

one place i disagree, i do not think it will be 5-4 because elena kagan recused herself. if the court does strike down the use of race, i am hoping it will be limited to the university of texas. the issue there is they have a race neutral program in the top 10% plan. they are achieving some diversity with that. the additional consideration of race ought to be permitted. i think it permits the university to get diversity within diversity and that is very important. the the top 10% plan, the university did a very thorough study before implementing race as one of the factors. they decided it was necessary in order to get the classrooms filled the way one of them felt. the university ought to be able to fill the classrooms the way they want to. if the court strikes it down, i am hoping it is limited to the program in texas and does not force every university to have to try to implement some race neutral way. when you use a so-called race neutral method to achieve diversity at a university setting, what you are doing is promoting the fact that high schools around this country

she is particularly enamored of her new colleague elena kagan, and her choice is to be the senior liberal on the supreme court or to sit by herself in her apartment at the watergate. what would you do? go so i think she is going to stay. if is looking i was not pandering. just making another one of my don't think any of the conservatives will leave a pretty old court. justice kennedy and scalia are both 70 know, don't always get a choice of when will try to hold on for the next kennedy that the job to call balls and strikes as opposed to changing, that is the most quoted thing he% of is thrown back of him all supreme court justices included, perceive ourselves in certain ways and like to proceed ourselves in certain ways and i don't think john roberts gets up in the morning and says you know i'm a judicial activist, i am someone who is trying to reroute the laws of the united states to know, to restore them to how i think they ought to be. parenthetically, clarence thomas does wake up and i don't mean that in a critical has a very different attitude towards precedent than any of the other

made sure to highlight similar themes when he nominated the second female justice in two years, elena kagan. >> during her time in this office she's repeatedly defended the rights of shareholders and ordinary citizens against unscrupulous corporations. in a democracy, powerful interests must not be allowed to drown out the interests of ordinary citizens. >> reporter: you won't hear the president talk much about the court other than a quick mention of the decision that upheld his health care plan. >> this law is here to stay. the supreme court has spoken. >> reporter: though the court is part of an attack line for vice president biden. >> close your eyes and imagine, imagine what the supreme court will look like after four years of a romney presidency. imagine what it would mean for civil rights and voting rights and so much more. >> reporter: but if the president is re-elected, what effect would it have on the court? >> well, president obama could have big impact on the court is if one of the more conservative justices, like swing vote anthony kennedy or justice antonin scalia who are both

>> only eight justices will decide because justice elena kagan is recused having worked.t the use of race. the others will go the other way and as usable, justice anthony kennedy will hold the deciding vote. he has on the one hand said some positive things about using race and about the importance of diversity. on the other hand, he's never in his career and voted to uphold an affirmative action plan so she is a real wild card. >> is it possible this could be a 4-4 decision? >> it's not likely that it's possible and if it were, that would have the effect without opinion and without reasoning from the supreme court automatically affirming the decision below which had up held the texas program manning the split would equal that affirmative action stays the way we know it today. >> is the university of texas the only school that uses this type of system? >> that's right this combination of top ten admissions people called holistic review complaints -- combines and says if you are getting quite substantial diversity like the top ten program and texas is, then you can't add-on

the newer justices to the court -- elena kagan who was a justice classmate of mine and justice sotomayor seemed to be striking a middle ground in fact, they were questioning whether it was appropriate for courts to be hearing a case involving a foreign corporation on foreign territory or at least whether other avenue news hadn't been exhausted. justice sotomayor said have you exhausted all the remedies that could have been brought in nigeria or to have brought it in britain or the netherlands first? justice kennedy was really concerned about reciprocity. this is what happens one of the greatest concerns of the u.s. government -- would we be comfortable with other countries did this to us? would we be comfortable when other countries say this is a violation of international law to be judging act in their country, would we be comfortable if others were to set up a civil international 1kwrurd -- jurisdiction statute and apply that to u.s. government officials? i can tell you we have protested consistently over decades when other countries have tried to apply international civil jurisdiction

she is particularly enamored of her new colleague elena kagan, and her choice is to be the senior liberal on the supreme court or to sit by herself in her apartment at the watergate. what would you do? go so i think she is going to stay. if is looking i was not pandering. just making another one of my don't think any of the conservatives will leave a pretty old court. justice kennedy and scalia are both 70 know, don't always get a choice of when will try to hold on for the next kennedy that the job to call balls and strikes as opposed to changing, that is the most quoted thing he% of is thrown back of him all supreme court justices included, perceive ourselves in certain ways and like to proceed ourselves in certain ways and i don't think john roberts gets up in the morning and says you know i'm a judicial activist, i am someone who is trying to reroute the laws of the united states to know, to restore them to how i think they ought to be. parenthetically, clarence thomas does wake up and i don't mean that in a cri htilas a very different attitude towards precedent than any of the other j