please welcome jeffrey toobin. (cheers and applause) jeffrey, good to see you again. >> great to be here. >> stephen: this is your sixth trip to "the colbert report." fair warning: this is your last appearance before you hit the guest pay wall. last freebie so let's make it good. >> stephen: . >> i'll do my best. >> stephen: you write for the "new yorker," you're a senior legal analyst for cnn and you've got a new book called "the oath: the obama white house and the supreme court." last time you were here you said the supreme court was definitely going to rule against obamacare, it was a disaster for obama. you lied to me. (laughter) it broke my heart! a heart that is now covered by obamacare! (laughter) how did you get it so wrong? >> i just-- over-- i paid too much attention to the oral argument and not enough to what i think john roberts-- i now know was thinking about this case. >> stephen: okay, roberts. let's get into this. you get into this. roberts changed his mind, right? wharoberts was going to say one th

supreme court and nobody has a better knack for it than jeffrey toobin. it is tuesday >> jennifer: you're back inside "the war room." i'm jennifer granholm. so mitt romney's 47% remarks are certainly not the first or the last time that a presidential candidate has stepped in it. remember this infamous quote from 2004. democratic nominee senator then john kerry of massachusetts? >> i actually did vote for the $87 billion before i voted against it. >> jennifer: kerry was discussing, of course, his decision not to support a supplemental bill that would fund the u.s. troops. now republicans pounced on that statement calling kerry a flip-flopper. remember that ad about him on the windsurf. then a label like that, of course would argue helped him to lose to president george w. bush. but the point is that once the dye has been cast, an impression has solidified. once a story about a candidate takes hold, it is a really tough narrative to get it back. so how does a war room react when the negative impression, when the narrative starts to stick and when anything a

jeffrey toobin author of "the oath the obama white house and the supreme court." and up next, mitt romney is like the guy who turns on the faucet and then stares into the garden hose for a second too long. we're going to see how his latest battle against his own instincts is playing out on the campaign front. that's next and you will find it only here in "the war room." you disgust me. prove it. enough is enough. d-con baits are specially formulated to kill in one feeding. guaranteed. d-con. get out. gaeme inc. thank gaemezilinsky, thank you for joining what we need are people prepared for the careers of our new economy. by 2025, we could have 20 million jobs without enough college graduates to fill them. that's why at devry university we're teaming up with companies like cisco to help make sure everyone's ready with the know how we need for a new tomorrow. [ male announcer ] make sure america's ready. make sure you're ready. at devry.edu/knowhow. you'd spot movement, gather intelligence with minimal collateral damage. but rather than neutralizing enemies in their

(laughter) then, my guest, jeffrey toobin is here to talk about obama's relationship with the supreme court. i hear it's under the robe; over the gavel. (laughter) wal-mart is turning 50 years old. it's finally old enough to be a greeter at itself. (laughter) this is "the colbert report." captioning sponsored by comedy central ( theme song playing )

we go inside the supreme court with our jeffrey toobin.an withstand over three and a half tons. small in size. big on safety. not quite knowing what the next phase was going to be, you know, because you been, you know, this is what you had been doing. you know, working, working, working, working, working, working. and now you're talking about, well you know, i won't be, and i get the chance to spend more time with my wife and my kids. it's my world. that's my world. ♪ and get outstanding deals with the travelocity fall hotel sale. you can save up to 40% on select hotels. so book your hotel now and save up to 40%. hurry, offer ends soon. book now at travelocity. [ male announcer ] the exceedingly nimble, ridiculously agile, tight turning, fun to drive 2013 smart. ♪ >>> it is one of the most important issues of the upcoming election and we rarely talk about it. but with the current supreme court, one of the oldest on record, the next president could have the chance to shape the court for generations. and in his brand-new book "the oath, the

(laughter) then, my guest, jeffrey toobin is here to talk about obama's relationship with the supremecourt. i hear it's under the robe; over the gavel. (laughter) wal-mart is turning 50 years old. it's finally old enough to be a greeter at itself. (laughter) this is "the colbert report." captioning sponsored by comedy central ( theme song playing ) ( cheers and applause ) . >> stephen: whoo! whoo! whoo! come on! (audience chanting "stephen") folks-- (audience chanting "stephen"). (cheers and applause) folks, folks, i've got to tell you, no matter-- sometimes i think the world is a dark cave, but you are always my light at the end of the tunnel. (laughter) welcome to th to the "report," everybody. thank you for joining us. nation, i have always hated change. that's why i'm solidly against transformers, shrinky-dinks and air caterpillars. (laughter) and don't tell me you've always felt like a butterfly trapped in a lava's body, it's unnatural. (laughter) folks, i was truly upset when i heard my favorite newspaper, the "u.s.a. today" was getting a dramatic redesign. turns out i was worry

. >> jeffrey toobin. he has a real talent for taking esoteric legal stuff from the supreme court and putting it into context that you can understand. >> is this a book you wanted to read before you came today or were you inspired to buy it after you saw him? >> i read it before as i'm today and he is a new book out that i want to take home. >> are there any other books you recommend as well? .. list back. >> i just it cannot think you all nine of the girl letting me into your lives to share this story with the world. he would don know it but public education is our most pressing public social moral compass. positions are entrenched and there is rhetoric on all sides. somehow we are at a point* frustration is that such us the rear that teachers are the villains and they're shutting down schools all over the country. as a writer i went looking in the pressure cooker of schools to raise test scores against the clock and what we're throwing away. instead i a mad passionate dedicated teachers that the communit

exclusive web extras, we hope to see you back here tomorrow we'll talk to ted udall, jeffrey toobin, and tad devine. have a great night. >> eliot: goods evening, i'm eliot spitzer and this is "viewpoint." mitt romney looks to push the reset button on his staggering campaign with his poll numbers showing him down 5 to 7 points in key states like ohio, florida, and ed gillispie said that he would offer something new--specifics. what a concept. >> what we have found is that people want to hear a little bit more of that, not just to say that we have a plan to do t but here's what is in that plan. >> eliot: shocking idea. with that in mind, the republican contender spoke to the national hispanic chamber of commerce about immigration policy. >> i will pursue permanent immigration reform and start by ensuring those who serve in our military have the opportunity to become legal permanent residents in the country that they fought to defend. >> eliot: but will likely to take more than that to swing voters into that column. 68% of latino voters favor the president. just 26% support mitt romney.

joining us now, legal analyst and staff writer for "the new yorker," jeffrey toobin, the author of "theand the supreme court. good to have you with us. >> good morning. >> meacham likes the pictures. >> he loves the pdf. jeffrey, is there a more fascinating decision than the decision that was handed down by the roberts court on the affordable care act? >> most fascinating and probably most important. you know, 35 million people will or will not get insurance based on one vote in the supreme court. and it was unexpected, certainly by me. but -- >> by everybody. by everybody. >> just about. and i think it was in many respects now in retrospect now that i've done the reporting, the summation of just what a powerful intellect and political thinker john roberts is. >> can you explain? because i've explained to some of my conservative friends that don't follow the court closely, while they hated the conclusion, roberts conclusion, in many ways, i've heard you say this, it empowers roberts moving forward. and on the big issue, the commerce clause, he kept it as narrow as he could under the cir

. >> jeffrey toobin will send you a note.at do you look forward to with the supreme court back in session. >> fisher and one of my favorites, university of texas. go horns. but, also, we'll be looking at law concerning same-sex marriages and the supreme court will address that. and they're also going to address warrants, fred. whether you need a warrant to take a blood test on a dui, a potential dui case. you need that warrant or can the police just take your blood? interesting case. some of the other warrant cases will be decided by the supreme court. we're looking forward to it. >> so much at stake. >> red hot. >> thanks so much, avery, richard. thank you so much. again, we'll talk to you, again, next week. maybe we'll be getting a little bit more specific on some of the other cases that they might start to tackle this week coming up. we'll see. >> if you call us, fred, we'll absolutely return your call. >> a call back. >> you want a reply, give her a reply. what the heck, why not? thanks so much, guys. appreciate it. >>> t

in his new book "the oath," jeffrey toobin argues there's an ideological battle between the presidentn roberts. this is his first tv interview he's given on the book and we're thrilled about that. congratulations on the book. >> thank you. i am thrilled to be here and thrilled to have it done. >> you're passionate. >> it's been incredible. >> thank you. >> this relationship between president obama and john roberts is really fascinating. it got off to that kind of odd start with the oath that was administered where he sort of botched it. and we're going to put up on the screen for the script of the oath of office that the justice was supposed to administer. >> this is such a weird story. i always wondered why did they mess it up? why did it happen? and what happened was john roberts prepared this document. this document has never been seen in public before. and this is a document where he sketched out exactly how he was going to do the oath with the spaces indicated. and you can see, i barack obama do solemnly swear. his assistant sent it to a secretary in the joint inaugural committee

this week's book of the week is by jeffrey toobin of the new yorker and cnn. oath:the obama white house and the supreme court." it is what is arguably what is the most important of the government, not the executive branch. the judiciary. >>> now for a last look. i this ink we all know there's a game named barack obama running for president of the united states. but did you know there's not one, not two, but five running in brazil and 11 more obamas with first names? candidates and local elections have adopted some surprising names to try to distinguish themselves to get attention. there are multiple batmen and robin, rambo, spider-man, and a few michael jacksons. some of the candidates had the good luck of being born with names that might give them a name with political edge but maybe not. a couple of jimmy carters, richard nixon and others. the candidates are likely to

at 7:45 p.m., the book the oath by jeffrey toobin. at 9:00 p.m. eastern, our most recent afterwords interview, saucer eisenberg talks about how to have a successful campaign. secret science of winning campaigns. at 10:00 p.m., howard bronson recall recalls his experiences as a sniper on seal team six. that'll happen tonight on booktv.com. >> host: we are joined by helen benedict, who is the author of "the lonely soldier. professor, you start your book out with a quote by martha joe horn. what happens to people one by one. what does that mean? >> i was stuck by that quote because it inspired me through turn one. i thought it was a very apt. >> host: company women served in the iraq war? >> guest: over 200,000 served in iraq and afghanistan. americans. >> host: is that unusual? >> guest: yes, the iraq war in particular. more women had served in the iraq war by around 2005, two years into the war already, then all the american wars put together, including afghanistan. one in every 10 troops in iraq was a woman. >> host: they serve in different capaci

and with me now is jeffrey toobin. that this is one of the best written books of its kind because you are one great writer. i read the nine. i don't know how you managed to escape law school and become such a beautiful writer. you make it fun and enjoyable to read without getting into jargon. i want you to be a tutor right now to the voter out there. not just women, gays or minorities. everyone who cares about civil rights cares about the country we live in. say romney wins two four-year terms. or president obama gets four more years. what's at stake in those periods of time for the country. >> does a constitution still protect a woman ace right to chose boorks. may congress regulate campaign spending at all or are we going to continue to deregulate campaigns like citizens united? will there be a barrier between church and state? those are just a handful of the issues. and the thing about the supreme court is you never know exactly what they're going to deal with, because who among us predicted that they would decide t

with me now is jeffrey toobin, author of "the oath," and white house correspondent sam stein.ou for joining us. i can only assume this is one of the best written books of its kind because you are one great writer. i read "the nine." i don't know how you escaped law school. you know how to put sentences together and also make it fun and easy and enjoyable to read without getting into jargon. congratulations again. >> thank you. >> i want you to be a tutor to the voter out there, not just women, gays, minorities, but everybody who cares about civil rights, cares about the kind of country we live in. what's at stake, say romney wins for two four-year terms, gets eight years, a shot at picking justices, or president obama gets four more years, what's at stake in those periods of time for the future of the country? >> does the constitution still protect a woman's right to choose abortion? may a university use race in admission? may congress regulate campaign spending at all or are we going to continue to deregulate campaigns like citizens united? will there still be a barrier betwe

jeffrey toobin's book on the supreme court and the obama white house. douglas brinkley talking about walter cronkite and finally brothers and me, a memoir of loving and giving. you have two options. you can stick with us on booktv on c-span2 or you can join us online at booktv.org web casting live all day long from the national book festival and if you are in the area come down. the c-span bus is down here. we are passing out big book bags. the caller is pink. add your palette of book bags right here on the national mall. the coordinator of the national book festival is jennifer gavin. we talked about the history and biography tent. what else is going on down here? >> this place is so full of books and doctors. we never had so many before. we are proud to be bringing 126 authors leaders illustrators and pellets to the people this year. we are able to do that, this is our second year of the book festival. we are able to do that by opening an hour earlier than last year and have several presentations where we have multiple authors. >> how many people will

with me now is jeffrey toobin, author of "the oath," and white house correspondent sam stein. you for joining us. i can only assume this is one of the best written books of its kind because you are one great writer. i read "the nine." i don't know how you escaped law school. you know how to put sentences together and also make it fun and easy and enjoyable to read without getting into jargon. congratulations again. >> thank you. >> i want you to be a tutor to the voter out there, not just women, gays, minorities, but everybody who cares about civil rights, cares about the kind of country we live in. what's at stake, say romney wins for two four-year terms, gets eight years, a shot at picking justices, or president obama gets four more years, what's at stake in those periods of time for the future of the country? >> does the constitution still protect a woman's right to choose abortion? may a university use race in admission? may congress regulate campaign spending at all or are we going to continue to deregulate campaigns like citizens united? will there still be a barrier bet

joining us now, jeffrey toobin. uthor of the new book out tomorrow "the oath, the obama white house and the supreme court." so, jeffrey, when you look at this, it's sort of a mishmash, if you will, across the country as these cases hit the courts. a lot of judges are making changes to these laws, some of them are throwing these laws out. nonetheless, there's a real concern that just because judges change or dismiss things, it doesn't mean people are getting that message and a fear even that people won't go to the polls because of confusion about some of these cases. do you think the effect of some of these laws is still going to remain even though the judges say they're not in effect? >> well, this has really been one of the great lesser-told stories of the 2012 campaign, which is the legal trench warfare over all these laws that were passed when the republicans did so well in the 2010 elections. just to state the obvious, if you look at that map that you just put up of the states that changed their laws, virtually e

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let's dig a bit deeper right now with our senior legal analyst jeffrey toobin. new book entitled "the oath" debuts this week at number five on the "new york times" best seller list. congratulations, jeff. good work. excellent book. hope a lot of people buy the book, a lot more. but you're doing well already. let's talk about what's going on. what do you expect to see in the coming weeks and months as this new term gets ready? >> well, i think the affirmative action case out of the university of texas is really a huge case. it's in part a huge chase just for practical implications. may a university consider race in admitting students? this is an -- a question that the court answered in 2003 in justice o'connor's famous opinion out of the university of michigan law school. but the court is a different court. the replacement of justice o'connor by justice so le do has had a profound impact especially on civil rights cases. and i think it's entirely possible the court may limit or even overrule justice o'connor's opinion getting rid of racial preferences more and mo

guests including jeffrey toobin and former fdic chief sheila bare. >>> a special -- a student town hallsummit from the new york public library in manhattan. stay with us for more of education nation as brian williams comes to msnbc for a special teacher town hall at noon eastern. that's nbc's education nation here on msnbc starting with melissa harris-perry coming up next. we'll see you next week here on "up ". my name is adam frucci and i'm the editor of splitsider.com. i love new technology, so when i heard that american express and twitter were teaming up, i was pretty interested. turns out you just sync your american express card securely to your twitter account, tweet specific hashtags, and you'll get offers on things you love. this totally changes the way i think about membership. saving money on the things you want. to me, that's the membership effect. nice boots! to compete on the global stage. what we need are people prepared for the careers of our new economy. by 2025 we could have 20 million jobs without enough college graduates to fill them. that's why at devry university, w

cnn senior legal analyst jeffrey toobin lays it all out in his new book "the oath, the obama white houseourt." let's begin, obviously, with the oath. we remember the flub. it was january of '09. just in case anyone forgot, let's watch again. >> barack hussein obama do solemnly swear. >> i barack hussein obama do solemnly swear -- >> that i will execute the office of president to the united states faithly. >> that i will execute -- >> faithfully the -- the office of president of the united states -- >> the office of the president of the united states faithfully. >> before we talk about the redo what happened? >> i have to say, i'm the first person to find out what really happened. it is a story about how you have to read the whole e-mail because what happened was the chief justice's assistant e-mailed precisely how he was going to divide up the words to a secretary in the office of the congressional committee that was handling the inauguration. with an attachment explaining precisely how the oath would work. that secretary either never opened it or never forwarded it or deleted it, so oba

i have toell you, supreme court expert jeffrey toobin is sitting here beside me and said there's a strongi want to be clear about that. >> no bones. >> no bones. it was a pig so long ago, like so many generations of food product ago. but, you know -- >> it's delicious and now it's back. >>> one of those important issues coming up in the election that we rarely talk -- nothing came out there. talk about. one of the oldest on record could have a chance to shape the court for generations. jeff toobin has a new book out. what he calls the competing visions between president obama on one hand and chief justice roberts. >> good morning. >> at the very beginning, it went pretty awry. and you remember, of course, on inauguration day, standing hand on the bible, trying to do the oath of office and it went wrong. let's play that first and we'll talk about the supreme court. >> i, barack hussein obama still solemnly swear. >> that's why the book is called "the oath." i find out the story of what happened. john roberts prepared like crazy. people thought he blew it off, forgot the oath. quite the opp