so jeff toobin, this is the question. does this texas case raise any new and distinctive questions about this, about affirmative action, or is this one of those second bites at the apple, merely another opportunity for a different supreme court with brand-new justices to kill what some people call reverse discrimination? >> the court could do either of two things in this case. they could treat it as similar to the case from the university of michigan nine years ago, or they could simply just overrule grutter. what makes this case so important is that there was no conflict in the lower courts about these cases. the court really reached out and found this case which really indicates that they are interested in overturning what has been the law of the land for the past nine years. >> well, that sounds surprising to a lot of people who don't know that that can happen. most people think this is a vicious battle to the very end, the end being the supreme court, but you're saying this is a new statement as to where we are. and y

for our udents and we should be allowed to create a student body in that -- with that in mind. >> jeff toobinf "the oath." also cnn's senior legal analyst. thank you for being with us, jeff. appreciate it. >> okey doke. >> high school yearbook is sensoring out a mother's baby from the yearbook. maybe new buildings? what about updated equipment? they can help, but recent research shows... ...nothing transforms schools like investing in advanced teacher education. let's build a strong foundation. let's invest in our teachers so they can inspire our students. let's solve this. i had[ designer ]eeling enough of just covering up my moderate to severe plaque psoriasis. i decided enough is enough. ♪ [ spa lady ] i started enbrel. it's clinically proven to provide clearer skin. [ rv guy ] enbrel may nowork for everyone -- and may not clear you completely, but for many, it gets skin clearer fast, within 2 months, and keeps it clearer up to 9 months. [ male announcer ] because enbrel®, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal, ev

. >> jeff toobin, it seemed elizabeth warren got that right the first time.ott 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. this

toobin. the book is, the oath, the obama white house and the supreme court. you need to read it and get ready for this year. thanks for being here tonight, jeff.ht back. stop! stop! stop! come back here! humans -- we are beautifully imperfect creatures living in an imperfect world. that's why liberty mutual insurance has your back with great ideas like our optional better car replacement. if your car is totaled, we give you the money to buy one a model year newer. call... and ask one of our insurance experts about it today. hello?! we believe our customers do their best out there in the world, and we do everything we can to be there for them when they need us. [car alarm blaring] call now and also ask about our 24/7 support and service. call... and lock in your rate for 12 months today. liberty mutual insurance. responsibility. what's your policy? >>> i want to close tonight about the positive jobs report. these conspiracies think that the labor department is cooking the books to help the president. this kind of thing is not new on the right. they didn't believe in global warming. they didn't believe the president was born here.