justice breyer has connections to california but for justices are from new york city. there are times in the past when presidents have hesitated about nominating and it happened with new york when there was one justice from new york on the supreme court. the president thought hard about whether they should nominate a second new yorker or not terry now there are four and there is certainly this separation of the coasts. the center of the country is not represented in some sense on the court. and then the final item is in terms of academic background. every justice now on the court has a law degree from one of the top legal law schools. that is also unusual. obviously those law schools are dominated on the court but no one from northwestern which is where justice stevens graduated or some other school. it's quite unusual. what i say in the book on that particular question is, i don't know if it's ambivalent. that's not quite the right word but clearly i have taught at several law schools and it's clear that, and i give talks everywhere, it's clear that every law school h

the justice department's and then later justice stevens and souter retired and replaced by justice sotomayor as obama elected your the first hispanic american and then delayed occasion to was obama as solicitor general. >> host: you recount how justice taken did so in a slightly different way how did you use that analogy? >> during the confirmation hearings justice robert is prepared in opening statement in which she said they should be the empire's just calling balls and strikes. what he meant by a them people don't go to the ball games to see the empires' by who wins or loses with the central focus of attention with the constitutional jurisprudence of the judges did was sit there to see if this statute was within the strike zone in that's suggested the job was relatively a mechanical but win justice taken was questioned, she said you don't want them to be the focus but when they make dead decision fell law is not always as clear down the center of the strike zone there is some degree for judgment to determine and chief justice roberts has reportedly said sense is confirmation that he may h

roberts and justice kagan compared justices to umpire. but did so as i give away. >> guest: during his confirmation and chief justice roberts prepared an opening statement really in which he said that the justices should be the umpires and the ballgame just calling balls and strikes. what he meant by that, he was actually explicit about it, he said people don't go to the ballgame to see the umpires. they go to see the players and find out who wins and who loses. and so the umpires shouldn't be the central focus attention, but that came across as a statement we heard about jurisprudence, the all the judges did was sit there and see whether the facts was in the strike zone or outside the strike zone. that's exactly the job of the justice was relatively mechanical. at least that's what the metaphor came across as. when justice kagan was questioned, she said well, yes, i mean you don't want the justices to be the focus. you want the ball to be the focus. but when the justices make a decision, the law is not always as clear as a balkan right d

how are my justice fighters doing out there? today is invigorating and enlighten you to make sure we have social justice everywhere. i represent bay view and porter hill. so today i really want to share with you in the celebration and recognition of the 50th anniversary, i'm going to ask you to come up here, jeff. look at him. this is amazing, everyone. but today is march 18, 2013. today marks the 50th anniversary united states court's decision that someone should be defended at no cost. where journalist and concerned citizens will gather at the san francisco public defenders 2013 justice summit on march 19 to discuss ways to better fulfill gideon's promise justice for all where clarence combid gideon convicted to be stealing change at a pool hall. he wrote a petition to the supreme court from his jail cell arguing that his rights had been violated. he presented a victory for civil rights and justice. san francisco one of the first cities in the united states to establish a public defenders office opened it's doors in 1921. wher

later, justice stevens and justice souter retired and they were replace replaced by a justice sotomayor, president obama proved her and appointed her. and then also elena kagan, who has been president obama's solicitor general. >> host: you recount in a confirmation how both justice roberts and justice kagan compared judges to umpires. but they did so in a slightly different way. can you talk about the analogy? >> guest: during his hearings, chief justice roberts prepared an opening statement in which he said that the justices should be the umpires of the ballgame, just calling balls and strikes. what he meant by that comment exactly explicit about it. was that people don't go to the balkans to see the umpires but the players and find out who wins and who loses. and so the umpires should not be the central focus. but how that came across as a statement sort of about constitutional jurisprudence that all the judges did was sit there and see whether the statute was within this strike zone or outside the strike zone. that suggested that the job of the justices was relatively mechanical, th

how are my justice fighters doing out there? today is invigorating and enlighten you to make sure we have social justice everywhere. i represent bay view and porter hill. so today i really want to share with you in the celebration and recognition of the 50th anniversary, i'm going to ask you to come up here, jeff. look at him. this is amazing, everyone. but today is march 18, 2013. today marks the 50th anniversary united states court's decision

clarence gideon was involved in the justice system since he was a kid. he had been getting in trouble. >> trouble seemed to find gideon. literally small change had gone miss ing from this cigarette machine, maybe $5 total. that's the pool hall there on the bottom. some wine, some beer and a few bottles of coca-cola were gone. the witnesses saw gideon that night with pockets full of change. gideon found himself facing serious time in prison. >> i have no council >> why do you not have council? >> i would like someone to represent me. >> i would have to deny you request to a point you council in this case. >> gideon,000 this was unfair. >> by asking the court to appoint a lawyer, gideon thought he had the right to counsel. >> this right is a basic right to in in in the constitution because the threat that is presented by imprisonment and even execution is a threat that the government should allow to have. >> gideon had to represent himself because the state of florida denied a lawyer. the entire trial lasted a day before he was found guilty and sentenced t

if you don't think that the criminal justice system is handling certain crimes in the proper fashion then let's amend the laws that govern that system but to do that through the immigration process in the end is counter productive because it actually creates a divide between the communities served by law enforcement and the police and law enforcement that actually need to be communicating and hearing from those communities. that's why i think the idea and the discussion of a carve out is something that is focusing on the wrong system to deal with issues of public safety. public safety actually necessitates that any issue with carve outs dealt with the criminal justice system, not immigration. that is the important distinction to be made. there are important considerations as to what type of individual should be or not be released. let's deal with those issues in the criminal justice system and not the immigration system and that has to be very, very clear because at the end of the day what we're talking about with this legislation is public safety being the top priority, and public s

two great justices. [applause] we'll be joined for the producers of the documentary ofking at the decline manufacturing workforce as well as stories of businesses that succeed in electing community. we are live every day starting at 7 a.m. eastern. >> we have several life events to tell you about tomorrow. the carnegie endowment for peace will discuss a conversation. that'll will be at home :00 eastern. senate p.m. thomas the foreign relations will consider authorization of military force in syria. it would hear from secretary of state john kerry and defense secretary chuck hagel. network,ur companion the brooking institution discussion about how a free- trade agreement between the u.s. and the european union could affect turkey. >> the science and do not tell us what to do. think isus what we going to happen and then we have to make choices about that. because one of the implications of the line of argument is the earth is always changing and we as societies can change and adapt in many ways and of cour

he presented a victory for civil rights and justice. san francisco one of the first cities in the united states to establish a public defenders office opened it's doors in 1921. whereas gideon's promise lives on in the san francisco public defenders office which service 25,000 indigent people every year. whereas city of the san francisco joined with the public defenders and the legal aid lawyers to celebrate the right to counsel. therefore be it resolved the san francisco -- march 18th as gideon versus wayne right day as acknowledgment for the 50 years of the united states landmark decision as well as the work of the public defenders who continue to fulfill the rights. [ applause ] >> thank you very much. i would like to thank the board of supervisors and the mayor's office as well. i would like to share with the public defenders. ken is here and as well as dave from the public defenders office. [ applause ] >> i'm sorry. ron from the santa clara's office. key note speaker. this came out yesterday on the anniversary. she's a contributin

i would like to mention one thing because justice marshall is here, and it is to point out that justice marshall really was part of a team of two in terms protecting the individual .ights in the united states and when she retired from the supreme judicial court of massachusetts in 2010, she retired in part to be able to spend more time with her husband . as she put it at the time, to be able to share their last seasons together. justice marshall, want to share our condolences in the loss of your husband a few months ago, who was also an enormous loss for the country. anthony lewis, tony lewis, was a giant among a champion of individual rights, a champion of the bill of rights. two pulitzer's,on trumpet,""gideon's and significantly bit more than any other reporter in the united states to explain the role of the courts, and especially, the supreme court, in a very sophisticated way. i think it is fair also to say that that kind of explanation, the role of the court, continues now par excellence by justice breyer, because it is not part of the job description of a supreme court justice to

great chief justice. i love the chief justice. it is just different.assachusetts -- i do not want a good back to the gay marriage case all the time -- but massachusetts, we have adoptions, we had the state placing foster children in same-gender couples. he had governor wells who wanted to have a huge teaching program in middle schools about -- massachusetts was just different. and so gay marriage in a sense sat comfortably in massachusetts, and i do not know how it would sit in north dakota. >> let's go back to another aspect of individual liberty and freedom. there has been a lot of discussion the last few weeks around the country of the relationship between individual freedom and national security. you have actually written a great deal about this. you do not face the same kinds of issues that justice breyer faces in the supreme court. you have written quite forcefully that judges must insist on government accountability as vigorously in wartime -- whether declared war or war on terror -- as they do any time. you say that democracy must fight sometim

and this had to had weighed on the chief justice. well we do know is that he was trying to have have the influence of the court. the chief justice sold out. he did. he wrote a lot. i will give him some credit. he has a 30-year term ahead of him if he stays healthy. the president has three years and counting. i'm sure their is a count noun summer in this building. a fairly short time left in office. we have a lot of other cases coming up. just this past term voting rights to step down. affirmative-action is coming of san. the affirmative-action, better test case. so a lot of things that the court has to do. randy am sure we will talk about this. what is the impact on the constitution? well, i don't know how big it is. i will caveat that. this law definitely says congress cannot regulate inactivity. if congress has other purchase mandate this would probably be there. medicaid spending. at think with this court recognizes is that the federal revolution of the rehnquist court is not over. we're willing to police the balance. we will watc

one justice historically was famous for talking about the rule of five and that was the justice brennan. perhaps don could answer that. >> not a chance. [laughter] thanks for suggesting it. >> when the chief justice roberts fan -- famously asked about the need for the court to provide clarity and come together, you can look at that in one of two ways. there is the need to have broad majorities so we talked about decisions that were surprisingly the barethe other is fact of getting five people to agree to something so people know what the law is. if the supreme court is divided, we used to have a committee that would say the chief justice delivered the opinion for the plurality of the court. justice o'connor might join one it would belaw and very difficult for people trying to apply the courts decision to know what the rules are. bodynk in any collective including the supreme court there are compromises that are made in order to have some kind of rule that people can follow. >> you don't have to think about that as being politicizing. they have different judicial philosophies that there

there is a place for the criminal justice system as well as the criminal bail industry. now we have testified along with catherine, our lobbying effort are basically this is what we look like. this is the lobbyist. we are not a high paid, i represent the mom and pop businesses throughout the state of california and certainly although hopefully our assurity companies employ their lobbyist. this is what it looks like. it not the chico's bail bonds. we are mom and pop and the majority of our agencies are owned by women. i'm eye i want to have the opportunity to say what we mean. legislator coming this year is what we are looking at at high cost of bail. yes it has to be locally controlled. we have nothing to do with this. i'm from los angeles county and let me tell you bail schedules are very high out there. but we work with the families, co-workers, and employers that want that person out of jail where they can continue to flourish in their society. the issue of -- well the pretrial is there is a misconception about which is fair and which isn't fair. i have to say for the

also advancing asian center for advancing justice, south asian americans leading together or salt, the japanese american citizen's league which has often raised parallels with the racial filing with this program with the internment of japanese americans during world war ii and korean americans consortium and asian pacific urban alliance [inaudible] and others have joined with our local groups to demand due process for all as well. i want wanted to mention quickly and i know some of the speakers may mention this and the issue of tearing families apart and fear of police if they're acting as immigration agents is a real one in the community. i think last week a chinese woman came to the alc clinic and saying her house was raidd and there were other cases from here to san diego as well so the 1.6 undocumented asian pacific islander immigrants and undocumented asians here in san francisco will benefit by a due process for all ordinance so i am strongly supportive of this and thank the grass-roots organizations for united and in addition to the domestic violence organizations and to show th

as chief justice of the united states. to have that fall on his shoulders now come to the final goal -- the final version of humans later and then roberts hopes the decision would help to preserve his vision of american democracy only history can decide a and he toned it down. what is the source of the decision to change your characterization of the chief justice? i could only say it is a conspiracy led by randy barnett. [laughter] before reid in the acknowledgments working his evil while solid josh. thankful for him to tone it down. want to hear more why you did that but at least in the earlier draft you seem to presume the say reasons that i do for behaving and of his own legitimacy. but it is unfortunate right of the left that was called the paranoid style in american politics. with a paranoid interpretation of history. and he controls the press and the limited funds in new secret techniques. of this talk of intimidation and conspiracy is in fort -- unfortunate. but it is not unique as we talk about the goldwater also w

in professor of law, teaches courses on criminal laws, criminal justice, law and consulted culture and law risk and studies. his book includes parole and the social control of the under class 1890-1990 how the war on crime transformed american democracy and created fear. welcome our panelist. [ applause ] >> i'm going to start with catherine mccrack in, the organization on juvenile and criminal justice has done extensive reach on the bail system and pretrial detention. is the system currently working would you say and what reforms would you support? >> thank you for having m e here today. the center for criminal justice has released a report last year that did examine the bail industry particularly around the lobbying effort. i want to talk a little bit about the criticisms of the commercial bail industry that has been reoccurring over the years and these date back as far back as to the 1920s that the commercial bail doesn't just a minute, discriminate those who can't afford bail. counties are responsible for an increased number of level. we have to better utilize our jail space and th

outside we see the due process denied and we want to create that separation between the local criminal justice enforcement and federal law enforcement and that's the basis and why we want this ordinance separate from an amendment with carve outs for people because of offenses. >> i appreciate that. my recollection of the conversation is different as you know. i believe to take the discretion away from the sheriff -- if we want to make it policy or if the sheriff wants to make it policy that's within the sheriff's prerogative but to remove all latitude and san francisco could become a destination city or a place seen as a safe haven for those with prior felony convictions and sex convictions and weapons convictions and it's one thing that the people in san francisco would be contending with the people outside and i don't believe that's in the best interest of public safety. >> i believe anyone in the justice system is held accountable through actions through the court system and the sheriff's department and we're just saying that we wouldn't be extending their time because we have a request fro

they are only eligible for release when they have done their time so we are letting our justice system work and we don't believe we should hold anyone beyond that time they're eligible for release because of a request that came from ice that doesn't have a stamp approval and oversight like it should be and that's where the due process is denialed and when the requests come forward and it's approved. locally we are doing our work. our department is exemplary in its work up holding the sanctuary city and our whole justice system is doing its work best it can to make sure that goes forward but it's when we have the request from the outside we see the due process denied and we want to create that separation between the local criminal justice enforcement and federal law enforcement and that's the basis and why we want this ordinance separate from an amendment with carve outs for people because of offenses. >> i appreciate that. my recollection of the conversation is different as you know. i believe to take the discretion away from the sheriff -- if we want to make it policy or if the sherif

we know they lag far behind other justice programs. they constitute about 3 percent of all criminal justice expenditures in our nations largest counties." i'm going to skip ahead. we interview lawyers, who fire appropriate motions and do many other things that attorneys should be able to do as a matter of course. finally we know there are numerous challenges in the public defense system like budget shortfalls. he acknowledged the challenges the system faced were not new and quoted justice hugo black when gideon came before the supreme court. there can be no equal justice when a trial a man gets can be a pile of money he has. what can be do? he asked the audience. the question resonates, echoing and bouncing off the walls where a player knows what needs to be done to fix the problem but no one can generate the political will necessary to change things. 50 years after combid gideon rights e eludes us. i want to a break from the reading and talk about why that issue is so hard for people to grasp and why reform efforts have been stymied.

i'm jimmy justice. >> but the man who calls himself jimmy justice won't back down. >> they're afraid of me. >> you're not allowed to do that. and they're afraid of my video ka ra. >> what are you doing? move away from the vehicle. >> i'm filming you breaking the law. >> his goal -- to bring justice, vigilante justice, to the streets of new york, streets on which he says he sees a double standard. >> everybody else gets summonsed the second they break the law. you're in a no-standing zone. it's a bus stop. >> so what? >> you would give a ticket to somebody else that did that? >> yes. >> but the people writing those summonses drive around the city like cowboys and do whatever they want, with impunity. and i wanted to bring justice. i wanted to level the playing field. >> it all begins in 2005. a fuse is lit when jimmy justice sees a traffic agent make a u-turn over a double yellow line. in his mind, an obvious violation of the law. he starts reporting the violations he sees to law enforcement by taking still photos, but he says his complaints go nowhere. so he comes up with a plan to b

asian americans advancing justice, the asian law caucus, bill of rights defense committee, the california imguarantee policy center, [inaudible], just cause, the central american resource center, [inaudible], chinese for affirmative action, communities against violence, dolores community services and [inaudible] lawyers committee for civil rights,. [speaking foreign language] , the national lawyers guild. [inaudible] legal services. people organize to win rights and power. san francisco organizing project, the department of policy and social concerns of the san francisco arch diceis and young workers, nighted and the unions and i want thank you for all your work. i want to thank my staff in my office and raquel for her work bringing the coalition together and bringing the community together with city hall. i want to thank the main drafter of the ordinance alecia [inaudible] in the city attorney's work in bringing this ordinance together. this ordinance is supported by the domestic consortium , organizations and the sheriff as well. i know others want to speak on this and i want to give th