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jeff toobin is our analyst. joining us from omaha, nebraska, today. that you're saying here that for in anyone who supports affirmative action, this is a bad decision. tell me why. >> well, this is really a case about who decides whether there should be affirmative action. what the justices said in their opinion today is, the states can decide essentially any way they want. if the voters decide, as they did in michigan, that they don't want affirmative action anymore at their state university, they can do that, presumably state legislatures can do the same thing. so what this suggests is that opponents of affirmative action can go state by state, by voter referendum, by state legislature vote, and say, look, we don't want it anymore. and the universities themselves have no say. it can be up to the states and they can exclude it. that's what happens in michigan. now. and it could happen elsewhere as well. >> it's up to the states. it's always interesting to look at the breakdown here. because we know justice breyer usually votes more on the liberal sid

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as has laura handman who practice in both washington and new york prevent jeff toobin who is a horribleompany. is a triple threat. i write newspaper articles. he manages to write books and comment on the scene in. so what i think we are to try to do set up a framework and separate out some of the themes that jim was talking about in his remarks. i think as a legal matter there are three categories. mayors what can you do to people who have authorized access to classified information who have taken of some kind of obligation, and then decided that it's worthwhile to disclose that information? the second category might be the journalist who doesn't have authorization to the information that gets a hold of it and makes a decision about whether to publish about and what can be done to that person. and the two things collide in the third category where let's assume the government is not going to go after the journalist directly and try to criminally prosecute or otherwise punish the journalist, but nonetheless gems of the journalist by asking the journalist to provide evidence about the firs

joining us, our senior legal analyst jeffrey toobin and laurie borger. jefftion on college campuses? >> well, it's the end of it in michigan. we'll see about the rest of the country, because, you know, the university of michigan said, we want to have affirmative action. we want to have race be one factor in admissions, but the voters of michigan voted that policy down. they said we don't want any affirmative action, 58% of the voters in michigan in a referendum said get rid of affirmative action. the supreme court said the voters had a right to do it. so, this could be a road map for other states, voters, state legislators, that want to get rid of affirmative action because now the supreme court is giving it the okay. >> it was a 6-2 decision, alanna kagan refusing herself, but what are the political implications of this? >> as jeffrey just said, it could -- on a larger stage, i think this puts the issue of race front and center again as we head into 2014, as we head into 2016. you look at this supreme court, you look at what it did with the voting rights act