that honor usually goes to justices ginsburg or sotomayor but the question she asks is often one picked up by other justices who may be relatively undecided in the case. i want you to go back and finish her answer to justice kagan's question so i think she has shown herself to be, the skill she brought to bear in bringing together a fractured harvard faculty. [laughter] i was skeptical as to whether those would translate very well to the supreme court but i think they may have. >> i was talking to one of her colleagues just last night who said she is is the nature of a already. walter mentioned a number of questions. you said 60, 70, 80, 90. there has been over 130 questions during a one-hour argument so you are talking sometimes two questions per minute and they don't wait for you to finish answering the question. [laughter] they sometimes don't wait for their colleagues to finish asking the question. so it is going full speed and as you all know they are all asking questions except justice thomas who just finished his fifth anniversary without having asked the question and his explana

i am sure that director ginsburg will talk a little bit about it. these are programs specific to young people wanting to learn about a career in their recreation field. we have other funding where there are more year-long programs that have already joined the program and will most likely continue in those programs perhaps with intensive summer projects or a combination of some type of event during the summer. -- culmination of some typ eoe f event during the summer. young people, particularly disadvantaged young people that are not engaged in a simulated way when they break from school will have a decrease in academic performance once they go back to school. we want to make sure that our programs are going to provide all of that stimulation you would need in terms of keeping them academically engaged and having different opportunities for them to learn both fund things -- fun things and things that will connect when they go back to school. we are hosting a summer learning day in the city where we hope to ask our community-based organizations to prov

>> justice ginsburg, he was in -- he was detained for only a period of 16 days total in 2003. is-- >> but he was restrained much longer -- for 15 months. >> he had travel restrictions placed upon him until the trial was over and until the government -- because after the resolution of mr. al-hussayen's case, which was acquittal on some charges and a hung conviction -- a hung -- a hung decision on others, the government thought about retrying mr. al-hussayen, took it very seriously, and 20 days after al-hussayen's verdict by the jury, we reached an agreement with them in writing that mr. al-hussayen would leave the country and -- and not come back, and in exchange we weren't going to prosecute him any further. and so, immediately -- i think quite soon after the jury verdict, the -- the conditions placed on mr. al-kidd were lifted. and i should say that the material witness warrant statute laces into it a whole suite of safeguards to prevent against -- as, justice scalia, you pointed out -- the potential abuse for the -- for material witnesses by prosecutors. i think congress has

professors like ginsburg, kagan, it canady, scalia. we see that pattern. what we don't have on the court since justice o'connor stepped down is any justice who has ever held elected public office, and i think that is quite strikingly different from the brown court which as ted mentioned had three former jena senators and the governor of california who would then the vice presidential nominee on the ticket that was expected to win in 1948 are expected to be -- there were at least three justices on that court, maybe four who were plausible -- my possible presidential contenders. i think sanders o'connor brought that to the court having been a state senator in arizona happening one elected office, having cobble together complicated legislative majorities. so i think it is led to a court that has in my view too little respect for politics. the court thinks more about doctrine and less about workability, so i think in that sense i would like to see whatever party or ideology the breadth of the court expanded. >> justice scalia has actually commented on that in

she met with tom ginsburg, he thought it would be great to have her on board. he thought, she knows everyone, she has the most -- she has the best sort of address book in new york. we can certainly get some good book projects out of her, and it'll be good pr for the company as well, so he was happy to take her on in 1975. their relationship, though, didn't go well because in 1977 the viking press acquired a novel by the british novelist geoffrey archer called "shall we tell the president?" and this novel imagined the presidency of ted kennedy, jackie's brother-in-law, and it imagined ted kennedy being assassinated in the novel. um, now, there's some question about how much jackie knew about this in advance, but when the book was published, "the new york times" reviewer said as the last line of his book review, "anyone who was associated with this novel should be ashamed of herself." which was a little bit unfair because she hadn't had that much to do with the novel, if anything. but under pressure from kennedy family, she resigned her position at viking. she wa

professors like ginsburg, kagan, it canady, scalia. we see that pattern. what we don't have on the court since justice o'connor stepped down is any justice who has ever held elected public office, and i think that is quite strikingly different from the brown court which as ted mentioned had three former jena senators and the governor of california who would then the vice presidential nominee on the ticket that was expected to win in 1948 are expected to be -- there were at least three justices on that court, maybe four who were plausible -- my possible presidential contenders. i think sanders o'connor brought that to the court having been a state senator in arizona happening one elected office, having cobble together complicated legislative majorities. so i think it is led to a court that has in my view too little respect for politics. the court thinks more about doctrine and less about workability, so i think in that sense i would like to see whatever party or ideology the breadth of the court expanded. >> justice scalia has actually commented on that in

so several pieces to that, justice ginsburg. when i hear the language exploiting, i look for the principal of law that comes from this court. and the principal of law as i understand it is, without regard to view points, there's a limit on what public places you can go to to deliver words as part of the public debate. if you stay within those bounds, and under these torts even, it has no definition in the principal of law that would guide people to when they could or not could. if i may -- >> isn't your argument that the first amendment never allows a claim for the intentional infliction of emotional distress based on speech, unless the speech is such that it can be proven to be false or true? is that your argument? >> with -- yes, justice alito. with a little bit more from your cases if i may, and not under an inheritly subjective standard and where you are only claiming that the impact of the speech was adverse emotional impact. >> all right. justice kagan gave you one example. let me give you another example along the same li

>> justice ginsburg the statute was in place at the time, but it is a confiscated answer to the question because they were positioned about 30 feet from the main vehicle entrance to the church and they rerouted the funeral procession so there were two on -- 200 to 300 feet away. >> didn't they stand where the police told them to? >> they told the police where they wanted to stand and the police said okay. the police didn't say please stand here. >> were they there to the volition of the police? >> it is true they did not violate any criminal statute. >> is there anything to suggest that they maryland -- intended to occupy the field of regulations of the events that occur at funerals? >> i believe the maryland legislature made it clear that they didn't want people to protest funerals and general. >> but they did not prohibit its. >> they didn't prohibited under certain circumstances. >> which this case which the facts hear me. >> for statutory enforcement, but what we are dealing with here is tort law. >> the statute applies to any protests at funerals. protesting the vietnam war, protest

[applause] >> please welcome dana ketchum, having been nominated by phil ginsburg. >> hello, everyone. i want to thank you for this honor. i want to follow a little bit of what the mayor said. all of you can make a difference. do not look at a problem and say that it is too complex or to political to create improvement. for years, managers throw up their hands when faced with changing permits and reservations. finally, a goal was set to organize, treat everyone fairly and consistently, and become more transparent. there were two key factors that allowed these changes to be made. first, we analyze and collected the facts and made a plan. you need to do the work to dig deep into the problem. yes, you have to dig into the leaves, not just the big picture sometimes. that takes time, but it is essential. second, to implement change, you need support from others. second, there are others that benefit greatly from the new and old system. as they work through these changes, our department head and commission stood beside us, armed with our work and analysis. they were not swayed when confront

i think bill ginsberg and rec and park -- phil ginsburg and rec and park deserve recognition for what they did to bring the product to a successful conclusion in difficult economic times, and i applaud the creativity we have here. i want to say thank you, thank you. it is a message we all need to share in the community, that the government really can work when we all work together, so thank you very much. [applause] supervisor chiu: thank you, supervisor farrell. that concludes our 3:30 commendations. if we could go back to the unfinished business. >> item 17 is an ordinance ordering the vacation of portions of the public right of way within the transit center project area. wiener aye. avalos aye. campos aye. chiu aye. chu aye. cohen aye. elsbernd aye. farrell aye. kim aye. mar aye. mirkarimi aye. there are 11 ayes. supervisor chiu: this ordinance is finally passed. >> item 18, ordinance amendment the san francisco transportation code and police codes amending parking lots. supervisor chiu: can we take this same house, same call? without objection, the ordinance is passed. >> item 19,

. -- my name is phil ginsburg. [inaudible] thank you. >> [inaudible] i am mayor lee's budget director. it is my job to work with the mayor and board of supervisors to make sure we are going to balance our budget every year, as we are required to do under the charter. i appreciate all of you being here and look forward to hearing your thoughts on the budget. [applause] >> [speaking spanish] i am director of health. [applause] them a good evening. -- >> good evening. i'm from the department of children, youth, and their families. [applause] >> i am from the department of public works. dpw is responsible for designing, building, and repairing public facilities, but we are also responsible for designing, building, and maintaining the public rights of way like sidewalks in san francisco, maintaining landscape, and keeping our public realm clean and safe. [applause] >> [speaking spanish] i am the director of the central [inaudible] i do not work for the city government. i work for the community. then a good evening, ever

i'm sitting in for phil ginsberg -- ginsburg. he will be back in the city tomorrow evening. but for today, i have a couple of things to report on his behalf. everybody, i'm sure, knows of the catastrophic earthquake that took place in japan late last week. the tsunami warning posted for california and sen for cisco, and the property at most risk for us was the marine a yacht harbor. we participated in a variety of city responses last friday. but for dissipating in the policy group that was activated from the department of emergency management, -- both for participating in the policy group that was activated from the department of emergency management, and i was part of the working team that was monitoring developments. we had a couple of swells that came through, but none of them work overly significant. there was no book damage, and appeared damage. we did lose two pilings due to one of the afternoon's wells, but the marine i got harbor's south was right there, including the general manager, who jumped on the workboat and help them work on the filing that had just been cut

. -- my name is phil ginsburg. [inaudible] thank you. >> [inaudible] i am mayor lee's budget director. it is my job to work with the mayor and board of supervisors to make sure we are going to balance our budget every year, as we are required to do under the charter. i appreciate all of you being here and look forward to hearing your thoughts on the budget. [applause] >> [speaking spanish]

we have worked with general manager ginsburg. i keep on calling him director, but i realize he is a general manager. really enjoyed working with him. we have a number of projects that we work on together, whether it is direct transfer of funding from our department to yours, getting people together so that we can have a think tank conversation, so that we can leverage human capital. it has been a joy to work with members in your department as well as direct staff. i just wanted to the knowledge that. we are here today to present to you our preliminary findings from our community needs assessment. many of you know we have been in front of you several times. the last time i was here, regarding any of our policy work was when i presented a year and a half ago our children services allocation plan. last year, we took that plan that was approved by many of -- all the commission that we presented in front of -- as well as the board of supervisors. we took that plan and created a request for proposal to essentially actualize that plan.

who would like to speak to the earlier point made by director ginsburg on the victory gardens? would you like to? >> on the point about citing this as a recycling center, i did not hear from the general manager that the general manager was opposed to the idea. there was a decision made at the rec and park commission about that. i also as a committee member did not want to see a recycling center, a new recycling center placed in mclaren park. i third thought -- a thought there was a better use for the land than that. but i am supportive of hanc continuing at the current site. >> in answer to your question, we have contemplated a community garden near mclaren lodge at one point, and the proposal turned out not to be viable for a couple of reasons. one, because of the lack of access for materials and supplies for the gardens and from a policy perspective, it is already viable and useful green's base, so we decided to focus on a different location. supervisor mirkarimi: the reason i'm bringing it up is because we tried to do our homework in preparation for the hearing, so we looked

they are all ap honor students and we are pleased to welcome marc ginsburg former ambassador to morocco senior adviser tots president carter on the middle middle east and now a lawyer in washington d.c. with apple worldwide. appreciate your time. >> could to be with you. good morning. >> what is our mission in libya and what is the endgame?e >> depends on the u.s.. if you ask the french defenseme? minister is regime change in if u.s. president carter it is a humanitarian mission to prevent gadhafi's forces is a humanitarian mission to present -- prevent forces from harming innocent civilians. if u.s. the pentagon come it is to enforce a no-fly zone. if you ask susan rice and others, it is to join a coalition of countries that are willing to take this battle all the way to force muammar gaddafi to give up power and perhaps leave libya. you have an unfortunate in consistency to exactly what the goals and objectives are. and host: among the questions asked is what is the mission and how long will we be there? even if it is a limited focus, is still has potential up costing americans blood

ruth bader ginsburg asked, isn't there some responsibility on the company to say, is gender discrimination at work? and if there is, is there justification to stop it? but antonin scalia, the argument that the company as a whole discriminated. which is it, scalia said. it's either individual supervisors who are left on their own. or a strong corporate culture that tells you what to do. if the lawsuit is allowed to proceed, it would allow 1.5 million employees seeking back pay for millions of dollars. >> the fight has just begun. >> reporter: the suit was originally filed in 2001, in lower courts have ruled the case should proceed. a decision from the security is expected in early summer. t.j. winick, abc news, new york. >>> in other news now, investigators in alabama want to know if a string of hospital deaths are all related. at least nine patients have died after receiving treatments from i.v. bags contaminated with bacteria. ten others were sickened. those who died were already il those i.v.s. no direct link has been found. >>> also this morning, three people are dead after their small

our eldest justice right now is ruth bader ginsburg, who's going to turn 78 this month. and she's actually in very good health. she has survived two serious bouts of cancer. i think given the politics of washington and how polarized things are that don't think -- at least of the liberal justices want to step down in this kind of atmosphere right before we're getting into a new election season. >> is there speculation about any of the others? >> no, no. i think we're ok. gwen: let me ask you about this case, one thing about it because i'm curious about what the recourse is. for someone who feels someone has done something overtime top offensive towards them and the supreme court said sorry, charlie, this is not -- you cannot come to us for redress, where do they go? >> the individual has nowhere to go. albert snyder, who i talked to at length about this case, the father, he has nothing because this was his case brought with a personal injury claim. but what governments can do are to set limits around funerals and cemeteries. in fact overtime last couple of years because o

justice ruth bader ginsburg, who more than any other lawyer in america advanced the cause of women's rights before she became a judge, grilled walmart's lawyers about revealing internal statistics. "the company gets reports month after month," she said, "showing that women are passed over for promotion and there is a pay gap. isn't there some responsibility on the company?" theodore boutrous said the statistics were misleading and it does not show there was a gender gap at the stores among comparable people. but several of the male justices were sharply skeptical. justice kennedy. "it's not clear to me what is the unlawful policy that walmart has adopted?" and justice scalia told that walmart's own training materials included the statement that men are more aggressive in seeking advancement, blurted out, "if you have an aggressive woman, promote her." outside, a walmart executive echoed the company's argument that the experiences of just a handful of women, even if true, are just not typical of what happened to more than 1 million other women who worked at walmart and so cannot be th

justice ruth bader ginsburg told dukes' lawyer she saw a very serious problem with a class action asking "how would courts figure out the amount of money every female worker would get? wal-mart insists it doesn't discriminate. >> what's wrong with this case is that three plaintiffs are trying to represent more than 1.5 million associates. >> reporter: betty dukes disagrees. if you have an issue with wal- mart, why not just sue wal-mart on your own? >> wal-mart is an 800-pound gorilla in the room. individually wal-mart knows i have no chance at all. >> reporter: and individually each case could cost wal-mart a few thousand dollars. but if 1.5 million women are included together, the case could be worth billions. erica? >> hill: that is why it is so important as we watch for this. jan crawford, thanks. many economists will tell you the recession ended nearly two years ago. when it comes to the housing market, however, the tough times continue. a report out today finds home prices fell in 19 out of 20 big cities in january. they are off more than 30% since 2006 and in four of those cities--

>> justice ginsburg, he was in -- he was detained for only a period of 16 days total in 2003. >> but he was restrained much longer -- for 15 months. >> he had travel restrictions placed upon him until the trial was over and until the government -- because after the resolution of mr. al-hussayen's case, which was acquittal on some charges and a hung conviction -- a hung -- a hung decision on others, the government thought about retrying mr. al-hussayen, took it very seriously, and 20 days after al-hussayen's verdict by the jury, we reached an agreement with them in writing that mr. al-hussayen would leave the country and -- and not come back, and in exchange we weren't going to prosecute him any further. and so, immediately -- i think quite soon after the jury verdict, the conditions placed on mr. al-kidd were lifted. and i should say that the material witness warrant statute laces into it a whole suite of safeguards to prevent against -- as, justice scalia, you pointed out -- the potential abuse for the -- for material witnesses by prosecutors. i think congress has set up several dif

professors like ginsburg, kagan, it canady, scalia. we see that pattern. what we don't have on the court since justice o'connor stepped down is any justice who has ever held elected public office, and i think that is quite strikingly different from the brown court which as ted mentioned had three former jena senators and the governor of california who would then the vice presidential nominee on the ticket that was expected to win in 1948 are expected to be -- there were at least three justices on that court, maybe four who were plausible -- my possible presidential contenders. i think sanders o'connor brought that to the court having been a state senator in arizona happening one elected office, having cobble together complicated legislative majorities. so i think it is led to a court that has in my view too little respect for politics. the court thinks more about doctrine and less about workability, so i think in that sense i would like to see whatever party or ideology the breadth of the court expanded. >> justice scalia has actually commented on that in

justice ruth bader ginsburg, who, more than any other lawyer in america, advanced the cause of women'sge. she grilled walmart's lawyers about revealing internal statistics. the company gets reports month after month, she said, showing that women are disproportionately passed over for promotion and there is a pay gap. isn't there some responsibility on the company? walmart's lawyer said the statistics were misleading. it does not show there were gender gaps at the stores among comparable people. but several of the male justices were sharply skeptical. justice kennedy -- it's not clear to me. what is the unlawful policy that walmart has adopted? and justice scalia told that walmart's own management training materials included the statement that men are more aggressive in seeking advancement, blurted out, if you have an aggressive woman, promote her. outside a walmart executive echoed the company's argument, that the experiences of just a handful of women, even if true, are just not typical of what happened to more than a million other women who worked at walmart, and so cannot be the bas

>> justice ginsburg, he was in -- he was detained for only a period of 16 days total in 2003. >> but he was restrained much longer -- for 15 months. >> he had travel restrictions placed upon him until the trial was over and until the government -- because after the resolution of mr. al-hussayen's case, which was acquittal on some charges and a hung conviction -- a hung -- a hung decision on others, the government thought about retrying mr. al-hussayen, took it very seriously, and 20 days after al-hussayen's verdict by the jury, we reached an agreement with them in writing that mr. al-hussayen would leave the country and -- and not come back, and in exchange we weren't going to prosecute him any further. and so, immediately -- i think quite soon after the jury verdict, the conditions placed on mr. al-kidd were lifted. and i should say that the material witness warrant statute laces into it a whole suite of safeguards to prevent against -- as, justice scalia, you pointed out -- the potential abuse for the -- for material witnesses by prosecutors. i think congress has set up several dif

. >> well, justice ginsburg, you did deal with that and as long as there's no articles against my client, i guess that's fair enough for my client. the arguments we preserved, for example, is the preserve is it's not a blank check for the government, but requires the balancing of interests. if we talk both the state's interest in criminal prosecution and law enforcement, i would hate for a trap door to open up at that point, and i'm told, wait, wait, wait, that's too much of the state's interest and not your own interest. >> you want us to say when there's a specific injury spect to your client that your client has the right to make any argument to show that the government has exceeded its powers under the constitution because they are limited to protect the liberties of the individual? >> exactly right, justice kennedy. that's the fundamental worry i have here is that the courts have not drawn a distinction between the claims. the two cases the government points to, new york and prince, both go out of the way to say they are enumerated power claims because a law that common is not neces