kagan confronted that policy. she could have done so by talking about the wrongs of countries like saudi arabia that execute homoxuals. she could have taken issue with it by not bringing senators and congressmen o voted for the w she calls immoral long of the rst order to campus. there were many different ways she could have zeroed in on that partilar policy a instead used the miliry as the foca point to do it, when these recruiters, they're messengers. they're there 20 recruit -- >> don't disagree with the press that if you feel that there is discrimination in our society and even though you respect the institution, the military of world war ii, but know there s discrimination that speaking out is not un-american, or inconsistent with our histy. is it? >> i'm not calling it un-ameran. but i think you also have to look into context of the post-9/11 world, where we are fighting a real enemy. and we need recruits and good ones. >> i understand that and i understand the testimony of solicitor gener kagan, and you've

go to c-span.org/kagan. yesterday, the casket of west virginia senator robert byrd arrived in charleston and is now lying in proposed at the state capitol rotunda. elected in 1952, the west virginia democrat died on monday at the age of 92. he was the longest serving member of congress in u.s. history. we will have live coverage of this memorial service later this morning. here is a portion of yesterday's arrival ceremony. ♪ [amazing grace] ♪ >> the president and vice president will speak at the memorial service this morning. that is at 11:30 in charleston, west virginia. we will have live coverage on c- span 2. the casket is lying in repose at the west virginia state capital which will be open to the public until 9:00 a.m. eastern. a funeral service will take place next tuesday at arlington virginia. robert byrd was 92. available on television, radio,s and online and you can also connect with this on twitter, facebook, and youtube and sign up for our scheduled hiller e- mails @ c-span.org. >> "washington jo

not in general kagan. all nominees in the last few decades have answered questions with eloquent words and collegial conversations. but when it comes to their substantive views, they say the bare minimum necessary to get confirmed. as i said before, the confirmation process demands more than that. this was the public's only opportunity to hear from general kagan more than a recitation of her resume and her knowledge of the law. in my opinion, she made small inroads, but we still have a long way to go in meeting the high standard to which we should hold supreme court nominees. nonetheless, i am voting for general kagan because she is unquestionably qualified, as a record of being a princeled consensus-building lawyer. and because i believe her judicial philosophy is within the mainstream of our country's legal thought. i am confident that she will make a superb supreme court justice and is a worthy nominee to carry on justice stevens long legacy of exemplary public service to our nation. thank you, mr. chai

general kagan, mr. chairman, will be a welcome addition to the highest court in the land and i'm pleased and very proud to cast my vote today for general kagan. >> thank you, senator schumer. senator cornyn. >> thank you, mr. chairman. mr. chairman, i have previously announced i will vote no on the nomination for elena kagan for the supreme court and will take a couple of minutes to explain why. i asked my staff, you know, like senator graham and others, i was touched bur the very nice letter that miguel estrada wrote in support of elena kagan's nomination. and i asked my staff just to remind me when it was because it seems like just a short time ago that miguel estrada was before this committee and actually he was nominated in may of 2001. show you how quickly time flies. he was filibustered seven times in 2003 and ultimately withdrew his nomination in 2003. i would say that as impressed as i many by miss kagan's letter saying nice things about miguel estrada's qualifications by my account comes about

elena kagan respects and admires military men and woman. as the father of one who served proudly in the service of this country, as a member of the united states marine corps, that was of particular importance to me. and we've now received letters abdomen testimony from harvard law veterans with direct knowledge, and talk about her support for them. i do not contend for those who recently filibustered veterans' benefits and threatened to filibuster legislation authorizinthe department of defense program and activities. i don't contend by veterans benefits or department of defense programs are not going to say that they're anti-military. but they should not at the same time filibustering those issues consented that she's anti-military. her actions demonstrate a respect for the law and our lel system, by seeking to work with it. and finally, i want to thank senators durbin and cardin for their remarks in justice marshall in the hearing. i conder it a real privilege after i became a united states senator to meet justice marshall. and to get a

miss kagan, let me welcome you here today. this nomination is certainly a proud day for you and your family and friends and rightfully so. i enjoyed very much our meeting a few weeks ago and appreciated the chance to talk with you then. mr. chairman, thank you for your work on this nominaon. republicans are committeed to conducting this hearing in a respectful manner. serious questions will be asked, miss kagan will be given ample opportunity to respond. she certainly has numerous talents and good qualities but there are concerns about this nomination. she has less al legal experience of any nominee in at least 50 years. it is not just that the nominee has not been a judge. she has barely practiced law and not with the intensity and duration from which i think real legal understanding occurs. miss kagan has never tried a case before the jury. while academia has value there is no substitute i think for being in the harness of the law, handling real cases over a period of years and what the record does reveal is a more extensive

kagan seeps no problem in gleefully mocking what many people find sacred. me press you on this a little bit. >> sure. all you want. >> reporter: religion is the source for strength, serenity, and it is a fuel for doing good works. >> in some cases it is also a fuel for doing some very bad works. >> reporter: godlessness has been a force for evil, as well. stalin comes to mind. given that we've had mass atrocities committed by the faithful and the faithless, why use that as an excuse to mock? >> you can mock anything you want, because you have the right to. >> reporter: that doesn't make it right to do. >> sure it does. humor is humor and what types of humor are going to outlaw. >> reporter: but the question is not one of censorship. >> you're getting far too concerned about mocking. if someone is so secure in their faith, why are they the least bit concerned about some little atheist mocking them? and i think the reason they are worried and concerned is the very deep fear that if everyone doesn't believe it, maybe it isn't so. good evening, campers of camp

kagan does not have that kind of experience. she just does not. >> sreenivasan: senate democrats hope to confirm kagan before congress' august recess. those are some of the day's major stories. now, back to jeff. >> brown: and we turn to the latest attempt to fill what has been a complex and even controversial job, aimed at keeping the nation safe. retired air force general james claper appeared before the senate intelligence committee this afternoon bidding to become the nation's fourth director of national intelligence. >> we are the largest, most capable intelligence enterprise on the planet. it is a solemn, sacred trust of the dni to make that enterprise work for the sake of this nation and its people. >> brown: he is currently undersecretary of defense for intelligence. he also served as director of the defense intelligence agency in the 1990s. president obama noted that resume when he nominated claper last month. >> with four decades of service to america, jim is one of our nation's most experienced and most respected inte

you could find out more about elena kagan on our website. you can watch all of the confirmation hearings and the time as well as video of her other appearances on c-span. all that and more at c- span.org/kagan. today on c-span, "washington journal" is next. that is followed by live coverage of the house and debate on unemployment compensation. in about 45 minutes, we will talk with cones

is set to approve elena kagan's nomination, sending it to a full senate vote.if confirmed, ms kagan, take a lifetime seat as one of nine members of the us's highest court.ms kagan, mr obama's second high court win confirmation to the supreme democrats.democrats hold a 12-7 advantage on the senate judiciary committee, and the vote is expected to follow party lines. ms kagan would replace justice john paul stevens, a liberal who retired from the court in june.ms kagan has never served as a judge, but her professional record suggests that she is unlikely to change the ideological make-up of the court, analysts say. is soft on cats. but deadly on fleas. so ask your veterinarian for advantage, the flea specialist, for effective, but gentle flea control. saving money. and like baseball people love their stats. i started bringing my lunch to work -- 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers. more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having th

. >> the elena kagan hearings. i have been upset about a couple of things. tavis: these republicans, many of them, have been attacking his legacy. i have stood all that i can stand. i cannot stand any more. the way that they have been treating thurgood marshall. the second thing is that for all that he did to get her in her 20's an opportunity, she has not been as aggressive with defending his legacy. have you seen any of this? >> i have been reading a lot of his stuff, and my take on this is that the republicans are not aware of his history, his contributions, his writings and his rulings as a justice. they are ignorant of just how affective and -- lasting the changes are that he was responsible for creating in this country. and if they really were aware of the history, they would have to come away being very ashamed of what they are attempting to do. what they are attempting to do with his legacy, i do not think that they are succeeding at all. kagan would say that he does not need to be defended. and that his work is speaking for itself. tavis: that is ve

elena kagan.ou can watch it on line at this c-span video library. to purchase a copy of any part of the hearing, just click the button to "by now." -- "buy now." tonight, this author concerning micro credit. in the next book, maria on living through hard times. the nobel prize-winning economist joseph stieglitz talks about the 2008 collapse and what is next. primetime, all this week on " book tv." here is the c-span congressional directory. it is all at your fingertips. you can order online at c- span.org/store. c-span is now available in over 100 million homes, bringing you a direct link to public affairs, politics, history, and non- fiction books. it is all the public service, created by america's cable companies. host: joining us from boston, mass., is dan mccue, the research analyst with the joint center for housing studies at harvard. he is here to talk to was about the housing market and jobs. guest: good morning. host: tell us about this report is in that job growth will be a key factor in

this time, democrats and republicans called witnesses to make the case for and against kagan. one was lily ledbetter, who lost a high-profile decision on gender bias in pay. congress later changed the law to address her grievance. >> one thing i've heard in observing and watching the hearings of all of elena kagan's responses have been that she would adhere and follow the law, not make the law. she understand what is her responsibility would be as a supreme court justice. >> sreenivasan: republicans called national guard captain pete hegseth. he criticized kagan's handling of military recruiters, as dean of harvard law school. >> how did we reach this point in this country where we're nominating someone who unapologetically obstruct it had military at a time of war? ms. kagan chose to use her position of authority to impede rather than empower the warriors who have fought and who who have fallen for this country. >> sreenivasan: senators on both sides agreed kagan is almost sure to be confirmed. nine people accused of spying for russia attended bail hearings today in several u

but democrats do hold a 12-7 edge in the committee so kagan is likely to clear that hurdle.cted to get approval from the full senate, which is likely to take up the issue next month. >>> former illinois governor rod blagojevich is expected to testify today at his corruption trial. blagojevich was impeached amid allegations that he offered an appointment to barack obama's old senate seat in exchange for campaign funds or maybe a cabinet post. the ex-governor's brother, who is also charged, took the stand yesterday in chicago. robert blagojevich said that he had no part in the alleged scheme. both brothers have pleaded not guilty to all charges. >>> 5:39. >>> oil is seeping again from the well in the gulf of mexico this morning. but it appears to be seeping more slowly than previously thought. tara mergener now on why some say there is no reason to worry. >>> reporter: bp's containment cap is staying put for now. >> we do not believe this is consequential at this time. >> reporter: the government official in charge of the spill insists there is no cause for alarm, even though

the american people have a right to know what is -- who is elena kagan. smart as all get out, super accomplished, tough as nails. i would not want to be a supreme court justice with you. i think i'd get run over. i believe you have the superior intellect and ability to reason. i listened to a lot of it here. but, and, again, there's nothing wrong -- i love russ feingold to death. but we're totally different. and that's one of the things that makes our country great. but it's not something that i don't want you to run away from that. that's who you are, you fought for a lot of causes in your life. i don't know one judge that can separate themselves 100% from who they are when they make a decision. so i don't know that anybody knows a judge that can do that. so it's not unfair to say who you are. and it's not to slam at all. it's just you're different than me and many of the people that i represent. so i wanted to establish that. i want you to have a chance to say something in response to that. i'll be happy to give that you chance right now. i'll debate an

kagan was nominated by the president to take the place of retiring justice john paul stevens. democratic leaders hope to confirm kagan before the august recess. >>> on "moneywatch," stocks in asia saw some gains this morning. ashley morrison is here in new york with the latest on that. good morning. >> reporter: good morning. well, asian markets were mostly higher as chinese shares jumped for a second day. the hang seng was up just about 1%. the nikkei, however, bucked the trend losing more than 1%. >>> well, today wall street gets earnings reports from goldman sachs and apple. on monday stocks finished higher. the dow added 56 while the nasdaq gained 19. 2.5 million long term unemployed americans should get their benefits restored today. republicans have held up the extension for weeks, but democrats will pick up the vote they need from the temporary replacement filling the late robert byrd's seat. the extension applies only to those whose benefits expire beginning of june. the benefits averaging $309 a week will be applied retroactively. >>> more legal trouble for toyota. th

. >>> gracias lourdes el comité de justicia del senado dio su aprobación a elena kagan para la corte deberá votar de sker ratificado kagan seria la cuarta mujer en la corte suprema . >>> una epidemia de se inicio una campaña para advertir a la comunidad latina sobre la importancia de vacunar a los bebés. >>> tiempo de una pausa comercial a la vuelta ana bárbara involucrada en un accidente donde una anciana murió. >>> el presidente chávez dice que su gobierno será accionista en el único canal de o el gobierno de venezuela apunto de conseguir la mitad de globo visión el presidente chávez dijo que en los próximos días tomará posesión de las acciones de o globo visión, además, el gobierno va a recuperar las acciones de uno de los fundadores de este canal que ya falleció de esta manera tendrían el 45% de la las ksz de globo visión y con representantes de chávez en la mesa directiva es posible que se eliminen las críticas de globo visión al gobierno. >>> foon teso oficiales indican que ante lo grave del caso las fuerzas armadas refuerzan en respuesta a la solicitud del gobernador moreira v

it might be the first thing that elena kagan has to deal with -- the first big thing after she's confirmed which i expect will be next week. >> charlie: and jeff bezos from amazon introduces a new kindle and talks about amazon's future. >> when people come to me and they say, "jeff, you've got to have full motion video color on the kindle, i say why? do you think hemingway is going to pop more in color? we're doing a particular thingment when somebody says to me you need to add the full motion video and all these things that the ipad has, i say, "you don't understand my audience. >> charlie: a program note. kevin kline the actor's new movie called "the extra man" was scheduled to appear on tonight's program. heel be seen later this week. tonight the immigration ruling and a conversation with jeff bezos about the new kindle and about the future of amazon. next. funding for charlie rose was provided by the following. ♪ >> additional funding provided by these funders. >> and by bloomberg. a provider of multimedia news and information services worldwide. captioning sponsored by rose communicat

elena kagan la nominada del presidente obama a la suprema corte de juicio la ex decana de harvard obtuvor el universo. i: de su independencia >>> en el que participarán cerca de 3000 200 mil artista >>> un urna que contiene imágenes y documentos del primero centenario. ponen a la venta boleto para el partido de chivos y manchester united >>> detalles en el tiempo de deportes. ♪ o de roastbeef, hazlo de queso y jamón ♪ ♪ ponle salsita y tomate a mi sub ♪ ♪ no se te olvide la cebolla, la lechuga y el pimiento ♪ ♪ isubway! ♪ iay qué sabor, qué sabor! ♪ iqué sabor que tiene subway! [ locutor ] illena tu verano de sabor con el nuevo ultimate turkey & bacon avocado sub! el delicioso aguacate y crujiente tocino abrazan ricas rebanadas de pavo en pan recién horneado. ♪ iqué sabor que tiene subway! no tengo idea de lo que pasa en mi mundo de deportes. y pagando detalles de acción deportivo. el tiempo de deportes. y buenas tardes. y en puerta está el partido entre chivas de guadalajara y mitad >>> hoy chiva dio a conocer la página en internet donde pondrá a la venta los boletos. la chivos pagaron

elena kagan has never had to make a decision. she has never admitted evidence or ruled out evidence or ruled on the chain of custody regarding evidence, has never made one decision regarding any rule of evidence. she has never ruled on the exclusionary rule, the miranda doctrine and unlawful search and seizure allegations, due process claim, or any other constitutional issue. never impaneled a jury, never instructed on reasonable doubt or sentenced a person to prison and never had to decide whether a witness is telling a truth or not never heard a plaintiff, defendant, victim or a child testify. she has never made that all important decision of deciding whether or not a person is guilty or not guilty of a crime, never ruled on a life or death issue. she has never made a judgment call from the bench. yet as a supreme court justice, she would be second-guessing trial judges and trial lawyers who have been through the mud, blood and tears of actual trials and actual courts of law. how can she possibly be qualified to fulfill the pos

. >> the senate judiciary votes today on the nomination of the lane and kagan. the only question is the margin of the vote that will approve this nomination democrats are united in backing taken and republicans so far your anonymous in opposing her. there is little doubt there to will not be confirmed. >> the latest developments of the gulf of mexico scientists now are not convinced that the cap over that blown out well is making things worse, in fact the government had word for days of that the experimental cap on that oil will could cause more leagues as pressure built. but even though oil is seeping through the floor they say it is minimal, it is not really an issue. the government is allowing the capt. state completely shut above that well at least for another day will be monitoring it closely. >> we will be right back with the kron 4 morning news, weather and traffic in just a few moments. >>no carrier ringconnect 2400  i even bought her a computer with my new citi forward card. then one day... have you seen this? she "friended" me. there's a whole album.

. >> today the committee approved elena kagan as the fourth u.s. justice for supreme court. most republicans voted no saying kagan put her political views ahead of the law and she lacked experience. president obama called the vote a bipartisan affirmation of her strong performance in confirmation hearings. it sends the nomination on to the full senate where she is expected to be confirmed as early as next week to succeed john paul stevens. >> lindsay lohan started her 90-day jail sentence today. she arrived at a beverly hills courtroom ten minutes late to turn herself in. a judge found she had violated the terms of her probation for 2007 drug case. lohan will serve her sentence at a facility outside of los angeles where other celebrities have done time. >> the jail sentence will be similar to where paris hilton went. she will have very sanitary living conditions. >> but probably not living conditions she is used to. she will be required to spend three months rehab and be monitored by a prosecute base officer after her release. >> she will be kept from the separate inmates. l

. >> today the committee approved elena kagan as the fourth u.s. justice for supreme court. most republicans voted no saying kagan put her political views ahead of the law and she lacked experience. president obama called the vote a bipartisan affirmation of her strong performance in confirmation hearis. it sends the nominion on to the full senate where she is expectedo be confirmed as early as next week to succeed john paul stevens. >> lindsay lohan started her 90-day jail sentence today. she arrived at a beverly hills courtroom ten minutes late to turn herself in. a judge found she had violated the terms of her probation for 2007 drug case. lohan will serve her sentence at a facility outside of los angeles where other celebrities have done time. >> the jail sentence ll be similar to where paris hilton went. she will have very sanitary living conditions. >> but obably not living conditions she is used to. she will be required to spend three months rehab and be monitored by a prosecute base officer after her release. >> she will be kept from the separa inmat. lisa argen is i

chairman, general kagan. i'm extremely concerned about the proposed merger between comcast and nbc universal. media consolidation matters in a really fundamental way. i watch television for entertainment, but i also get a lot of my information there, too. so when the same company owns the programming and runs the pipes that bring us the programming, i think we have a problem. i'm interested in the ways that the supreme court affects the information that you and i get when we turn on the tv or read the newspaper. 60 years ago in the united states, the associated press, the supreme court found that the first amendment supported aggressive antitrust enforcement. justice black wrote, this is a quote, the first amendment far from providing an argument against application of the sherman act here provides powerful reasons to the contrary. he then continues freedom to publish is guaranteed by the constitution, but freedom to combine to keep others from publishing is not. when i read black's opinion, i think immediate

. >>> this morning, the senate judiciary committee voted to approve the nomination of elena kagan to the u.s. supreme court. the 13-6 vote fell largely along party lines but one republican, lindsey graham, joined the opposition. the president called on the full senate to confirm kagan's nomination. >>> this morning president obama welcomed prime minister david cameron arrived at the white house for a private meeting with the president. earlier today, vice president joe biden visited mr. cameron at the british embassy. president obama and prime minister cameron who first met at the g-20 summit in toronto are expected to discuss british petroleum and the gulf coast oil disaster. mr. cameron says bp must do everything nells to clean up the spill and pay compensation for damages. >>> want to check in with o merge, mark tamayo, pretty -- meteorologist, mark tamayo, with the forecast. >> temperatures are really not warming up just yet but we're expecting a fairly nice afternoon towards, concord, livermore, antioch, even down in san jose. here is a look at the current fog pattern. still clo

. >>> kagan's nomination is now on the way to a full vote in the senate. all of the democrats voted for her, but every republican expect for one voted against her. lyndsey graham of south carolina was the lone republican voting in favor of kagan. the senate will likely vote on kagan's nomination sometime next month. >>> republican meg whitman wants the public record detailing how her opponent jerry brown is using public money as attorney general while he's running against her for governor. whitman's camp has asked for a list of communications personnel, the department's budget and an accounting of expenditures. the request comes after a news story looked at the balancing act between brown's job and his candidacy for governor. >>> another child has died from whopping cough, bringing to six the number of deadly cases in california this year and putting the state toward the worse outbreak in 15 years. infants are the ones most at risk. all of this year's deaths have been under 6 years old. john fowler is live in concord tonight with more on how bay area healt

so maybe, you know, we have no idea how justice kagan f she is confirmed, will actually rule.but if she is a judge the way a lot of us expect, maybe shell's provide some of the energy for the left that justice scalia provides for the right. >> brown: just staying with you, of course there was the first term as we said for justice sotomayor, what did you see from that in terms of impact, energy decisions. >> you know, her first big descent was in a mar anda case where she really let the court and especially justice thomas have it she didn't like the way it ruled. and she said they were turning miranda upside down. so some people weren't sure where she would be on criminal justice because she is a former prosecutor. but she seems a pretty doctrineare conservative. she is not way out there. she is to the going move the ball way to the left but she is pretty standardly progressive. >> you said conservative, i think you mean a doctrine air liberal. >> she is kind of moderate like the justice she replasd. a little more to the left but she's not a flame-thrower if you will. >> brown:

senate judiciary committee votes on the nomination of elena kagan.hold an edge in the committee and they are uniting. republicans are unanimous in opposing her. lindsay graham may vote for her. if confirmed she would consider reducing herself from matters involving health care overhaul on a case by case basis. >> oil from the blown out well is seeping into gulf of mexico but this time more slowly. scientists don't think the cap that stopped the flow is making things worse. this is a live look near the sea floor, the fifth day has stopped gushing. thad allen the leak is not a major concern. they are intent content to leaving the cap on now. >>> mill yontsz of americans who have been out of work for an extended period are expected to get help from capitol hill. unemployment benefits could flow later. >> marilyn green is a missouri lawyer that lost her job and now she is losing her unemployment benefits. $3420 she has received each week. >> you can't even get a job in a retail store. >> 2.35 million americans will lose their check unless congress extend

. >>> elena kagan is on the way to becoming the fourth women to sit on the u.s. supreme court.oday the senate judiciary committee approved her nomination. one republican south carolina's lindsey graham voted yes. now the full senate will vote on her. president obama says that he hopes kagan is confirmed before congress goes on its summer recess. >>> next, a lifeline for millions of people who are unemployed. plus. >> i have tools that i use for maybe two minutes a year sitting in my little cellar in the basement just collecting dust. >>> why let it go to waste? we'll show you the new easy tool that lets you swap for what you really need. >>> and big changes could be in store for your favorite nail salon. the major things some say has to go. >>> speak of big changes, i would love a big change in the weather. we have plenty of clouds especially in the bay, still cloudy looking toward the transamerica building. any sunshine in the forecast today and what about your temperatures? i have your complete forecast coming up. ,,,,,,,,,,,,,, benefits. the ex cently >>> just minutes ago th

democrats hold an edge in the committee and all support kagan.d she would f confirmed she would recuse herself in matters on health care overhaul on a case by case basis. some republicans are worried that she advised president obama about litigation against health care reform. >> oil from bp's well begin seeping into the gulf of mexico but this time much more slowly. they don't think the cap is making things worse. this is a live look at sea floor. incident commander thad allen says the leak is not a major concern. they intend to leave the cap on for now and they want to seal the hole in the ocean floor. >> millions of americans who have been out of work for an extended period are expected to get help from capitol hill. republican filibuster is expected to be broken after a temporary replacement for robert byrd is sworn in. >> marilyn green is missouri lawyer that lost her job and now fears losing her unemployment benefits. $320 she has received for more than a year. >> i'm an attorney you will can't get a job in a retail store. >> when her payme

they will vote on elena kagan's nomination to the u.s. supreme court. she's expected to be approved. as we look at this live pictures -- there's senator jeff sessions right there -- democrats outnumber republicans, 12-7. senator sessions is a republican. so far, no democrats have announced any opposition to kagan, no republican has announced support of her. if kagan is approved by the committee her nomination will move on too the -- on to the full session. >>> former governor, rod blagojevich, may tell his story on the witness stand today. he's on trial for allegedly trying to sell or trade president obama's former senate seat. yesterday, his older brother, who is a codefendant, said he had no part of the plan and never put any political pressure on anyone. >>> today there is a controversy with an african- american woman and comments she made at an ncaa game a few years. [ inaudible ] >> her resignation was announced this morning. she said she was forced out of the job. she said she was telling that story because it helped her see the issue is not about

. >> amazingly, he was writing about journalism, and not describing the elena kagan hearings. will make the discussion this morning more interesting than the hearings were last week. a couple of reminders -- if you would please turn off your cell phones or at leasttsilence them. if you are watching us on c- span, you can e-mail questions the moderator for our first panel has been part of every event at the heritage organization. he is the director for legal and judicial studies here and has served in all three branches of the federal government and now serves as a commissioner on the u.s. commission on civil rights. >> thank you. i want to extend my own party welcome to everyone in the audience and in the cspan and heritage audience and on behalf of our center for judicial and legal studies. i had the pleasure of introduccng two of my teachers and respected friend and if they don't provoke each other on their own, perhaps we will provoke them on their rebuttal. . i must give a regrettably short introduction relative to their achievements so that they could have more time to op

elena kagan will be replacing retiring justice, john paul stephens. three women will be serving in the nation's highest court for the first time ever if the vote is confirmed. >>> well, let's check back in with sal and check in with the traffic situations. you have been following a few? >> yes. d where he following the weather, wondering if it will have a significant affect on the morning commute. starting at the san mateo bridge, a small delay at the toll plaza heading west. not a lot mapping there. let's move along and take look at 880 in oakland. traffic looks good on the way up to the bay bridge toll plaza. when you get there, westbound a small delay there. traffic continue to look okay. 580, an accident westbound involving a bob tail truck blocking a lane. not affecting much, but be aware it is there. >>> fogs and clouds this morning, even drizzle, looking out toward san francisco and the trance america building. san francisco has been the chilly spot. whether he stay with the forecast for today. current numbers croix the bay area, san tarow is a

kagan could be confirmed as early as next week. she will be the fourth female justice once confirmed. >>> changes in the president's mortgage aid program. more than 40% of the 1.3 million homeowners seeking help from the program have dropped out since march. a majoror reason for that, banks were not initially required to collect proof of income. when that changed, many troubled homeowners were disqualified or dropped out. 30% of homeowners who started the program have received permanent loan modifications and are making payments on time. >>> secretary of state hillary clinton joined leaders from around the world today in kabul for a one-day conference on the future of afghanistan. president hamid karzai told the group that he's determined that his soldiers and police will be responsible for all military and law enforcement operations by 2014 which is also the end of the term of his office. as for mrs. clinton, she reiterated her commitment to afghan women meeting separately with them. >> we want to continue to support afghanistan,

a hearing on elena kagan was held two weeks a guy. she engaged the courts and the meeting of the constitution. and intelligence hearing and the law and humor relevant to all. senators agreed to some of answers and were not satisfied with others. that is no surprise. whether a nominee agree us with us does not detest considering the nomination of the supreme court. based on my review of kagan's record what i know of her and her answers to the committee, i know she and i will not always agree. dy not agree with every situation by justice stevens or yus tis o'connor. but i have great respect for her. i have never regretted by vote of each justy. i remember senator barry goldwater came in into my office when justy o'connor -- the office i have now have, i have been in there 30 years, was senator goldwater's office. he came and said, look, i know i'm mr. conservative. i'm backing her. she is nominated by ronald reagan. i want you to support her. and i said, why? and he said, she will never pay favorites. she will base her decisions based o

we will have the live coverage of the kagan vote.ext phone call in chicago on the unemployment line. go ahead. caller: good morning. my benefits ran out in march. i have been looking for work. i have been unemployed since july 2008. back in the beginning of the year, the unemployment rate had a decrease the. there was no decrease in the unemployment rate. i have gotten no calls. i agree with the caller that there is working on there, but the competitive fields -- you are out there competing with those with degrees. when viard agreed in the progress to accompany -- when you are degreed, and the progress, the opportunities are not there. and is not that we are turning down jobs, they just are not out there. we are not competitive enough when you do not have the education to compete with where you were with your previous employers. it is really difficult when you're unemployed in benefits run out, you have no gas to get around, no motive transportation, bills are backing up. my question would be within illinois, it seems like -- would i

. >> woodruff: elena kagan, the president's nominee nor the supreme court before the senate judiciary committee, how did she do. >> she did well. by herself, by her standards she did excellently. she was witty, smart, charming. i'm not sure she said anything there was a one moment, john roberts mentioned he thought judges were like umpires and she took issue with that. and said no, it is a lot more judgement involved. and tom goldstein of scotus blog had a point that we have an impression it is conservative, liberal, 5-4. but only 20% of the cases are a 5-4 and most are not breaking down on political lines. so it makes it more important to know what they are thinking. but we have so neutered the process not only on ideaological issues but every issue, you can't know what they are thinking on nonideology issues and pragmatic issues. i thought she did a great job but it is a shame it has dissolved to this. >> woodruff: the conventional wisdom is that yes, of course she will be confirmed but maybe with fewer votes than sonia sotheby's -- sotomayor. >> i think that is true. she had the ad

and elena kagan at several points during the confirmation hearing criticized to one degree or anothertimes versus sullivan decision from 19634, where the supreme court created -- from 1963, where the supreme court created very high standards for liable suits by high public figures and thought perhaps that standard was too high and was in that case which -- so i think it will be interesting to see what her interest is in speech and press cases and whether -- how she draws the balance there in the future, and whether she draws it in a different place than justice stevens might have. then you take that into account as well. her position not in just citizens united which was a first amendment case, but also the u.s. versus stevens case, the animal cruelty videos where the brief the united states filed took a very, very broad view of congressional power to suppress speech if congress felt its social value was negated by its social cost, a position that was really not necessary to defend the statute. i mean, it was sort of in that sentence was called out by the chief justice, joined by seve

for the short term, i think the most interesting case to watch likely justice kagan in is the case of snyder versus phelps, involving the west grove baptist church, a church that expresses its phase by picketing funerals of fallen service members with bogor placards -- vulgar to america tolerance of gayath rights, basically, and posting online the vicious attacks on the parents of the debt service members. the fourth circuit court found that the chch had a right to do that, and that is now on appeal to t supreme court elena kagan at several points during the confirmation hearing criticized at one point or when the supreme court created a very high standard for libel sus by public figures. she said at several points that she thought perhaps that standard was too high. it was that case which informed the fourth circuit decision in snyder versus phelps, so i think it would be interestg to see what her interest is in speech and press cas and how she aws the balance in the future and whether she draws it in a different place than justice stevens might have. you take that intoccount as in c