i covered a seventh circuit legal conference and he was the opening act for elena kagan.ral and he was only favorable. he had his usual sense of timing and she gets up and says i am supposed to follow that? he says the right thing and i would recommend that people look at some of his rulings in the last term for signs of where he might i be exactly -- hard right conservative. look at june of 2012 ruling in the obama health care law case. >> host: jody in venice, calif.. we have a minute left. >> caller: you say the court is insular and almost shy, yet a few justices and political conventions and fund-raising events and on the outside that looks awful. >> host: can you name an instance where you know about this? >> caller: the clarence thomas and i believe scalia went to a koch brothers strategy convention in palm springs. samuel lido was seen at a republican fund-raiser, there is even footage of it and reporters tried to stop him as he was leaving to talk to him that he was scooted down the back. >> host: any liberal justices attend the set of meetings? >> caller: not tha

ucla that kagan there.ed robed priests and john roberts. >> host: guesto there is a elena kagan. >> host: so it's not anything traditional? guesto i want to characterize what the catholic church is saying but i believe that saying you know here is to encourage good judgment and not necessarily religious just been dashed judgment but for all that are involved in the law. >> host: we have in our half left with their guest joan biskupic. she has written about were some incidents we have sandra day o'connor and ruth bush recently on sonia sotomayor. an hour and a half left. first we went to her house to see her writing. >> by process is basically the same. i put a lot of energy into the proposal itself because i want to be sure that i want to live with this person for many years and i don't want too late to work late at night on the weekends. i read an in-depth proposal and then once i get the okay from a publisher than i basically do a lot of research. a research for months and months and then i start research

elena kagan got the nomination the next year. judge would would've been perfectly qualified for that job. so there isn't just one person out there for the cyprian court and for anything. >> host: what is clarence thomas so reticent treachery he gives me good access and i'm glad. i'm sorry he doesn't talk from the bench. he hasn't spoken from the bench during oral arguments since 2006, february 2006. i think it actually hurts him and it hurts his public profile because people are puzzled by it. school children who come to the court are puzzled by it. they think does he not have anything to say? is he ashamed of something? what is this all about? he gets so reasons. he says welcome to my colleagues are doing plenty of talking anyway. i want to hear from the lawyers. he once told some schoolchildren that he had grown up somewhat self-conscious about the we spoke because of his poor roots down in savannah, and that he's lived self-conscious about his dialect. buddies at -- he has a really great voice, a very deep, booming voice. so w

in another memo sent to her boss in may 1996, kagan apologized for not relaying some porngt news.y have really blanked up. hillary clinton ordered an aid to determine who had been linking behind the scenes accounts to -- in a 1995 memo, ira magaziner told -- was then hhs secretary who remained in that office for the entirety of clinton presidency. >> speculation about what will happen in this november's voting has become a key part of the news media political coverage, we obviously do it a lot right here. tonight fox news media analyst and host of fox news's media buzz on the evolving industry of picking political winners and losers. politics has always been covered like a horserace, with journalists scrambling to figure out who's ahead. now a new breed of whiz kids with sophisticated computer models is trying to reduce it to pure science. the predictor in chief is jay silver who made his name at the "new york times" by accurately calling all 50 states in president obama's re-election victory. >> lord and god of the algorithm. >> this is where it all happened. >> it is, this is ou

host: besought elena kagan elena kaganyou saw entering the cathedral. the homily can be heard online. belinda, good morning. how are you today? caller: good morning. host: if you turn the volume down on your set, we will hear you much better. caller: one second. i have a question. i have 50 years in this country. i am the mother of five children. i raised them by myself. i would like to know what people over the age of 65 receive a check and it never had a job in this country. why? host: thanks for the call. political reporting on the accident with the oldest member of congress, congressman ralph hall, who lost his primary in texas. was hospitalized after a car crash yesterday in trenton, texas. when he was attempting to turn, the driver -- a driver hit the vehicle the congressman hall was driving in. we are told his injuries were not serious. line.orning, independent caller: hello. host: good morning, alvin. caller: i'm just calling to make a comment about the hispanic caucus. i've noticed that they've been quite strong in their demands about what they

sotomayo and kagan, who i warn you, would not sit still. and we have almost everything you need for full coverage. you need jugs tis olito taking notes. done, not a problem. you need ginnsburg adjusti inin glasses, not a problem. you put a water glass in front of my dog, maybe he would drink it. and, in fact, if you go to their youtube page, they have published 10 :21 silent secondings of the exact footage they promised. they have all the dogs together, they have all the justices one-by-one. it's totally silent. they have a chicken being a court stenographer, they have a duck taking notes. they have dogs sitting in as lawyers. the idea is you use this visual footage to cut together your own visuals of the audio tape when day release the supreme court arkmenteds. and that makes everyone want to watch it. i am not allowed to speak for the news department here, but part of the reason why is if i were in charge of the news division here, i would totally do this. i would totally use dogs with fake paws to reenact supreme court oral arkments. tha

kagan said he believes the girl were recruited online.ccording to intelligence estimates, more than 100 americans have joined isis to fight in iraq and syria. is there a concern that one or more of these girls will do something down the line? >> well, that's a legitimate concern, and this is why the fbi is going into extraordinary depth as to how this came about, what has happened since they were apprehended. what -- how much do the girls involved feel an affiliation with this corrupted ideology that has been pedalled to them? >> reporter: none of the girls has returned to school. both sets of parents are cooperating with authorities as the investigation continues. >> so now we know what happened but the bigger question is why? jeff gardier is a clinical psychologist and welcome to both of you. teen-agers, some can be lacking in self-esteem and that makes them more vulnerable to making decisions aren't the best. do we think that isis is using that kind of information to try to target the more vulnerable young people? >> and i think that's

he called authorities and also contacted his friend, colorado state representative daniel kagan. >> sheeeting to her friends and discussing this plan to go to syria and strike a blow for justice, as they saw it. >> reporter: authorities say when the girls were stopped at germany, they had their passports, some clothes and about $2,000 they'd stolen from their parents. the girls were sent back to the united states and are now home with their families. >> she's 15 years old. she has completely understood now what she just had no notion of before of what she was getting involved in. >> reporter: both sets of parents have declined interview requests at the apartment complex where the sisters live. neighbors say they're concerned about the possibility that the girls will do something against the u.s., since they weren't able to fight for isis. >> if they knew what they were doing, yeah, i'm really concerned. >> oh, yeah. i mean, they could just pick up arms any time now. you know? go around the schools or wherever and show up at school and just start killing people. >> reporter: these aren't

soldiers and a civilian were wounded in an explosion which happened on the outskirts of a city of lash kagan. >> the defense of the al aqsa mosque, broke out, earlier this week after right wing settlers were allowed to visit the compound. >> translator: assault and abuse by israeli settlers. we should stand our ground not to allow the israeli settlers to desecrate the holy mosque and we're in the process of taking action. >> al jazeera continues to demand the release of its journalists in egypt, peter greste, baher mohamed and mohamed fahmy. >> the international rm organization has warned that ebola will become, refugees in the ghanan collateral o ghanan . >> set up a management studies college but ebola has changed all of that. >> the way i see it to be like a silent wall. after we went through 14 years of civil war, trying to recover from everything that we lost, all the destruction of life and property and then this sad incidence of ebola. this disease has come up again. >> reporter: he doesn't know when he will be able to go home so he started his college here. his family in liberia is c

you were joined by justices kagan and sotomayor. so, why did you write, and why did it take until 5:00 in the morning? >> why until 5:00 in the morning? we didn't get the last filing from texas until friday morning, and then the circuit justice, as you know, has to write a memo. and that came around some time in the middle of the afternoon. so there wasn't much time to write the dissent. i had written a dissent in a north carolina voting case, voting rights case. this one was, as you said, i would say it was very well reasoned. you called it passionate. >> i was up until 5:00 in the morning doing great work actually. didn't you read it? ruth bader ginsburg speaking with nina totenberg last night. talking about why she basically pulled an all-nighter an friday night in order to put out her dissent in a voting rights ruling in which the court handed don its order at 5:00 on saturday. the majority order from the court means texas' voter i.d. law, the strict nest the country, will be in effect for voting in this election. it's interesti

elena kagan, john roberts were each 50 when they were confirmed.y stay until they're 90, they'll be there for 40 years. that's too much power for one person to exercise for too long a period of time. >> brown: jeffrey rosen, what do you think? does the system need changing? >> there's a decent argument for term limits. irwin has made it very well. it would requirement a constitutional amendment, and that's not going to happen. justices can emerge and change. one thing that emerged, i asked her, when you were appointed, people thought you were a minimalist, a judge's judge. now you're on fire, you're the leader of the opposition. i feel as a longtime observer and friend of justice ginsburg that she has found her voice. that she's gained the confidence to really not only be a legal technician but a powerful voice for liberal constitutional ideals that she's grown on the job and she's inspiring young women especially all over the world. she's become an internet sensation. she's loving the fact that she's inspiring people and it's a testament to growth

decision came without explanation, which is typical in cases like this, but three justices, ginsburg, kagan, and sotomayor, filed a dissenting opinion saying, "the greatest threat to public confidence in elections in this case is the prospect of enforcing a purposefully discriminate torlaw." discriminatory, they say, because minority and lower income voters would face the biggest hurdles, like needing to take time off from work, travel great distances or pay money to get birth certificates or acceptable forms of i.d. a lower cowt judge struck down the law, finding mostly blacks and latinos don't have this type of identification but a federal appeals court blocked that decision saying it was too close to the election to make changes. today the supreme court refused to intervene. the texas attorney general's office said they were pleased with the high court's decision and pledged to continue to defend the law, calling voter i.d. laws "a legal and sensible way to protect the integrity of elections." but, jim, we spoke today with the n.a.a.c.p. legal defense fund, which said texas doesn't have

justice kagan has said she's the youngest justice, and she prongs playing pong, that's the game of her youth. but when defining the moments the courts often get it and in a world where all of our private hopes and fears are stored on electronic devices you do need a warrant before they can search. >> they've been called upon to look into the work of a rapper and his lyrics, and justice soto meyer has freely consented that justices don't know much about rap music. when we return, we'll go back to the case can a passport of an israeli-born american boy be used to force the u.s. to recognize jerusalem as israel's capitol? stay with us. >> on tech know, cars, the science behind... keeping us safe on the road... >> oh! >> oh my god! >> the driving force behind these new innovations >> i did not see that one coming... >> tech know's team of experts show you how the miracles of science... >> this is my selfie, what can you tell me about my future? >> can affect and surprise us... >> sharks like affection... >> tech know, where technology meets humanity only on al jazeera america >> welcome ba

americans are familiar with high profile battles over supreme court nominations like this one for nominee kagan. >> do you agree with the characterization that you are a legal progressive? >> senator sessions, i honestly means. >> but nomination fights did not always tensioned to district court judges. >> judge jones says times have changed changed. >> in my experience, there were very few district court nominees that were controversial. i can't give you an avenue time for con farmingsz but i don't think that there was anything that compared to what it became . >> even when the senator from the state where the vacancy occurs and the president agree on a no, ma'am nay, there is no guarantee the vacancy will be filled because it has to be approved by the judiciary committee and a vote of the full senate. at every step, a delay derail confirmation. >> historically, spoipts to the trial court's son son in thave not been fraught. >> was there a water is shed year when you noticed the untic? >> usually the first year a president takes office there is an uptick in vacancies. that happened in 2005 as i

justice kagan has said she's the youngest justice, and she prongs playing pong, that's the game of her youth. but when defining the moments the courts often get it and in a world where all of our private hopes and fears are stored on electronic devices you do need a warrant before they can search. >> they've been called upon to look into the work of a rapper and his lyrics, and justice soto meyer has freely consented that justices don't know much about rap music. when we return, we'll go back to the case can a passport of an israeli-born american boy be used to force the u.s. to recognize jerusalem as israel's capitol? stay with us. >> edge of eighteen, >> your entire life has brought you up to this point, right now! american teens, making a difference >> we wanna fight for our education >> choosing a path... >> if i'm not sharing the gospel, then i feel empty inside because that's the gift that god has given me >> deciding their own future... >> i'm petty burnt out... if i said that i was perfectly fine, i would be lying >> oscar winner alex gibney's edge of eighteen the powerful conc

justice kagan has said she's the youngest justice, and she prongs playing pong, that's the game of her youth. but when defining the moments the courts often get it and in a world where all of our private hopes and fears are stored on electronic devices you do need a warrant before they can search. >> they've been called upon to look into the work of a rapper and his lyrics, and justice soto meyer has freely consented that justices don't know much about rap music. when we return, we'll go back to the case can a passport of an israeli-born american boy be used to force the u.s. to recognize jerusalem as israel's capitol? stay with us. >> alaska, a state that depends on it's natural beauty >> we need to make sure that we have clean air >> some are living off natures bounty >> we're rich cause of all the resources we have... >> while others say they can't even afford health insurance >> the owners of this restaurant pay an extra $5.20 an hour to provide health insurance >> communities trying to cope i just keep putting one foot in front of the other >> what can people hope for come electio

justice kagan has said she's the youngest justice, and she prongs playing pong, that's the game of her youth. but when defining the moments the courts often get it and in a world where all of our private hopes and fears are stored on electronic devices you do need a warrant before they can search. >> they've been called upon to look into the work of a rapper and his lyrics, and justice soto meyer has freely consented that justices don't know much about rap music. when we return, we'll go back to the case can a passport of an israeli-born american boy be used to force the u.s. to recognize jerusalem as israel's capitol? stay with us. >> welcome back to inside story on al jazeera america. i'm ray suarez. the supreme court of the united states is now back in session. remember the name ari zibito vski for a while. how does a kid end up at the center of a separation of powers case. bruce was mentioning this earlier but we didn't get into the nitty-gritty. he was born in jerusalem. not recognized as the capitol of israel by the united states. is this a tug-of-war by the state department and

justice kagan has said she's the youngest justice, and she prongs playing pong, that's the game of her youth. but when defining the moments the courts often get it and in a world where all of our private hopes and fears are stored on electronic devices you do need a warrant before they can search. >> they've been called upon to look into the work of a rapper and his lyrics, and justice soto meyer has freely consented that justices don't know much about rap music. when we return, we'll go back to the case can a passport of an israeli-born american boy be used to force the u.s. to recognize jerusalem as israel's capitol? stay with us. >> on the stream. >> the war on climate change is being waged by innovators from around the globe from solar power dresses and smart cities, to a green military wait till you see what's going on >>the stream, on al jazeera america >> kentucky, a state that's hurting economically. >> when the mines shut down it affects other businesses too you know, it hurts everything. >> some say it's time for a change. >> mitch has been in there so long. >> while others w

but a six-page dissent, written by justice ruth bader ginsburg and supported by justices kagan and sotomayor, said the ruling could keep as many as 600,000 texans from voting, most of them african-american or hispanic. a lawyer for the state of texas has called those estimates "preposterous." early voting in texas begins monday. the white police officer who killed an unarmed black teen in ferguson, missouri, last august has told investigators he was pinned in his vehicle by michael brown and feared for his life. officer darren wilson also said brown reached for his gun during the scuffle and that the gun was fired twice inside the car. forensic tests showed brown's blood on the gun, on the interior door panel of the police car and on wilson's uniform. all this, according to an article in today's "new york times." a missouri grand jury is considering bringing criminal charges against wilson. he shot brown several times outside the vehicle. there's been a sighting of the survivalist accused of killing one state trooper and wounding another in pennsylvania. 31-year-old eric frein reportedly was

[laughter] >> and justice kagan, in her nomination hearing, was actually -- can her confirmation hearing, rather, was asked the question about the declaration of independence, and she said, basically, to the extent that there are rights out there, i wouldn't want you to think that i should enforce those rights. so how would you respond to that, and do you have any broader thoughts about the declaration in its reference to the constitution? >> well, you know, it's clear that the declaration was not part of the original constitution. there's a kind of interesting debate about that. one of the things that mcclellan says is, well, you know, they didn't put that in the constitution because by time they got around to drafting the constitution, they were so over all that natural rights stuff, right? i mean, that was done. you know, that was the kind of exuberant thing that they did. but then when they got around to the constitution, they were very sober, and is they did not bring that up again. my open feeling is that -- my own feeling is that the reason they did not say anything when they draf

kagan simplyefused to say that t constitution prevents government from telling us exactly what we should eat. >> i think courts would be wrongo strike down laws tt they think is senseless just because they're senseless. stossel: senseless does not mean unconstitutional. how about striked down just because dicting that every americans must eat three vegetaes and three fruits a day. it's a horrible intrusion in our lives. i would hope t constitution would ban laws like that. many conservatives would also assume this wld for bid congressrom buying things like health insurance. tim of the leg foundation thinks that, but two years ago the strowrt said no there's nothing in the constitution that makes most of obamacare constitutional. and the guy from center of proess says the court was correct. don't we have a right to t buy something? >> i don't know how to tell you this, but the government already makes you buy things like broccoli. what do you think food stamps are? the government h the power to tax you and to buy thingsith it. the affordabare act basically cut out the mileman. >> obamacar

he called authorities and contacted his friend, colorado state representative daniel kagan. >> she hadn tweeting to her friends and discussing this plan to go to syria and strike a blow for justice, as they saw it. >> reporter: authorities say when the girls were stopped in germany, they had their passports, clothes and about $ 2,000 they had stolen from their parents. they're now home with their families. >> she's 15 years old. she's completely understood now of what she had no notion of before. >> reporter: both sets of parents declined interview requests at the apartment complex where the sisters live, neighbors say they're concerned about the possibility that the girls will do something against the u.s. since they weren't able to fight for isis. >> if they knew what they were doing, yeah, i'm really concerned. >> oh, yeah. they could just pick up arms any time now, you know, and go around the schools or wherever and show up at school and just start killing people. >> reporter: these aren't the first colorado teens with aspirations to join jihad. 19-year-old shannon conley was arres

justice he will lane in a kagan said it may be key to warehouse work. saying what is really important to amazon that it knows where every toothbrush in the warehouse is, and that's just as integral to what amazon does and what it requires workers to do. but just as justice scalia was skeptical. he said this is not what they're hired for. for now he's no longer working at amazon but his attorney said lawsuit has changed screening there. it is now through five minutes. >> if they got the workers through faster there wouldn't have been a lawsuit. >> that's the case. they wouldn't be there for 25 minutes as some supervisor checks their bags. >> there are a lot of eyes on the skies as a lunar eclipse creates a blood moon. the earth's shadow began covering the moon. when it was totally eclipsed it appears ready, hence, blood moon. the next aloner ellipse is next april. maybe you can see it then. i'm michael yves. "real money" is next with david shuster. >> ethe first person diagnosed with ebola in america has died. we'll tell you where america could get much-

obviously, nobody knows want elena kagan or the supreme court are going to do here. are other issue pgs, like, say on voting. four weeks before this hugely important election. right now, in lots of places in our country, it is just chaos, judicially imposed cay yosz. joining me now is democratic state senator john irpenbach of wisconsin. senator, it's nice the see you again. thank you for being back with us. >> my pleasure. >> an emergency motion asking to stay yesterday's decision. where do you stand in terms of whether they're going to implement this new election or wisconsin is going to get a reprieve here. >> i personally hope we get a reprieve on the raw. what we need to do is take up how angry we are about the whole process and turn it into action which we hopefully will talk about in a little bit. but you're right. hopefully, she will, basically, tell wisconsin to sit this one out. just go ahead and vote the way you formally would vote. there are people who voted in august who wouldn't be able to vote in the general election coming up in about 28 days, simply

judge elena kagan said, what's really important to amazon is that it knows where every toothbrush inwarehouse is, that's integral to what amazon said. but judgan judg judge antonin sa disagreed. >>> am don prompted changes there, hired additional screeners to speed up the process. >> we're down to five minutes and five minutes is pretty much de minimus. >> reporter: the question is if they would get through faster you wouldn't have a case, is that what you're saying? >> absolutely. we're trying to get them home at the end of the day not hang around for 30 minutes while a supervisor checks their bags. >> louisiana, al jazeera, washington. >> the power of music. how one new york city chorus is changing the lives of hundreds of children. childre >> this is the strongest typhoon we have seen since last year's hynan hit the philippines. if track is now taking it over here towards the is this right now is the remnant of simon coming through arizona. we do expect to see more flooding overnight as well as into parts of new mexico. drive safely in these areas, especially at night. that's a lo

familiar with high profile battles over supreme court nominations like this one for nominee elena kagan. >> do you agree with the characterization that you are a league progressive. >> i really don't know what that label means. >> but nomination fights did not always stand to district court justices. judge jones said times have changed. >> in my experience there were very few controversial district court nominees. i think i can't give you an average time for confirmation, but i think there was anything that compared to what it became after that. >> even when the senators from the state where the vacancy occurs and the president agree on a nominee there is no guarantee that the vacancy will be filled. that's because it has to be filled by the judiciary committee, and then a vote of the full senate. at every step can derail confirmation. >> historically appointments have not been politically fought. >> is there a water shed year when you noticed the up tick in federal court, trial court vacancy? >> you usually the first year that a president takes office there is an up tick in vacancies.

and last year justice kagan spoke to the graduating class. and so a number of the faculty were thinking what would be a good new tradition would be to have a leading member of the bench and bar come in at the start of the year to talk to our first year students about their career and to offered a vice about legal careers as people start their legal studies. so i can tell you how delighted i am that justice stevens is joining us here today. so a round of applause for justice stevens. [applause] >> maybe i should quit while i'm ahead. [laughter] thank you all very much. [laughter] so just a few housekeeping matters. if you have cell phones, turn them off. i'll wait. and what we're going to do is justice stevens and i will talk and a number of students submitted questions in advance and so i will read those questions in addition to some questions that i've written. if we have time at the hour we'll have hand mics and we'll ask questions. it's great to see so many distinguished alumni and faculty and senior staff, my wife allison treanor and so m

he was opposed to elena kagan. when it came to supporting the freedom of choice act when he an in 2010, he opposed that. >> let's move to dante. he has been next question for senator shaheen. -- winter is up. >> that is not a reference to the tv show, is it? [laughter] elected,less of who is electricity bills are about to skyrocket for many homeowners. what is the best way to ensure affordable rates? >> energy is an important issue for us here in new england. we lowered rates by about 16%. i have worked with the senate to come up with an energy strategy because i believe we have got to support new energy technologies, alternative sources of energy. i don't think we are going to get off oil in my lifetime, but we have got to start investing in new energy technologies. that is what helps businesses here in new hampshire. businesses like working on new energy storage that would help with wind and solar. my opponent has supported fossil fuel 100% of the time when he was in washington. he voted for subsidies for the oil

furthermore, they supported her because they believe that she would vote against sonia sotomayor and elena kagan as justices who support the same kind of commonsense controls on guns that we have here in oregon. i do believe we have the right answer. the oregon answer. it is background checks to keep and thet of criminals mentally ill. >> i think we have adequate laws on the books, we just need to be enforcing the ones that we have. >> i gave to questions in a row so we will send the next two to you to get back on track. >> you have been described as a progressive champion and a close ally of massachusetts senator elizabeth warren. you have been linked to the koch brothers and conservative wing of the party. are you guys comfortable with these labels? >> i am comfortable with the label of progressive if it means are fighting for working families to get a fair share of the wealth. absolutely. if it means you're fighting to enable students to refinance their loans to take advantage of the current low interest rates. if it means new student loans will be at the same low interest rates that the fede

and didn't come for the event and he said i'll vote for him because of obamacare and i'm upset with kagan obamacare. he's totally convinced that if he has to change jobs to another employer that will offer him insurance his premiums will go up because of obamacare. it's probably not going to happen. there's not a lot of factualis bahhis to that, but it does inform that the white house has lost control of the narrative. >> yes that people think obamacare is hurting them, it is hurting them as we understand it right now. >> if you talk about narrative and messaging, republicans have been so concerned and totally unrelenting in the spin that this is the worst law ever, obamacare will kill people as michele bachmann said and the democrats have not competed on that terrain. >> and also because they're not competing on the sort of underlying foundational terrain which is being able to use the law to sort of divide makers and takers, right? so someone who is employed and sitting in a diner is saying that my health care costs will go up is because obamacare is something for somebody else who does

think tillis' connection to how conservative the state party has gone, is that more detrimental than kagan's connection to president obama or do they even each other out? >> that's the great question, voters more opposed to what's going on in raleigh, the state capital, or more opposed to the president and what's going on in washington. i think that's part of why ebola and national security, isis, have helped tillis here. it shifted the focus somewhat up north to washington away from raleigh. he suffered some and i think hagan has held on to this lead partially because that state legislature session went much longer in the summer than it was supposed to. >> kacie hunt, north carolina. perry bacon at big picture with 13 days to go, perry, it seeps to me these races where there's incumbents are going to be these individual sort of just autonomous little fights. those open-ended races in south dakota, montana, west virginia. with the exception of georgia, it seems to be very difficult to predict these individual races trying to tie them to a national mood, if you will. >> that's the thing, ther

if i can go to a question that justice kagan asked about why this is more appropriately addressed, we think there are three main reasons. the first has to do with history. since the founding, this court has treated the probable cause standard as allowing for reasonable mistakes of law. >> are all the cases you cite includi including riddle all in a custom statute that didn't permit customs officers to suffer damages. for purposes of an error of law, correct? >> that's correct. the reason -- >> none of those cases involved a violation of a fourth amendment. >> that's correct. the reason those cases are relevant here is because those cases are interpretations of the probable cause standard. >> how is that different in terms of its analysis, those cases, from what we've ultimately applied as a qualified immunity standard with respect to civil damages today? so don't they follow exactly the same reasoning? >> i don't think so, your honor. those cases, the probable cause reasoning that is followed in those cases is what the court has done at the merit stage of the fourth amendment analysis

bader ginsburg, sonia sotomayor, and elena kagan dissented from the decision, which will now requireoters in the state to present a driver's license, military id, or passport before casting their vote at the ballot box. in 2011 butenacted was soon blocked by a provision in the federal voting rights as a dot that provision was later struck down by a 2013 supreme court decision prompting texas officials to put the log back into effect. notes thatrk times" the law has been used in several statewide election since the 2013 decision but never in a federal election. now for the race for u.s. senate in colorado, democratic senator mark udall is running for a second term against republican congressman cory gardner. the two recently participated in their third debate. it comes to us courtesy of kusa tv in denver. it is an hour. >> good evening. it has become almost clichÉ to say that the u.s. senate could hinge on this race, but it makes it no less true. our audience here tonight has agreed to refrain from applause and cheering during the debate to maximize the amount of time that we have for

came to appointing a new justice to the supreme court who was pro-choice, he was opposed to elaina kagan. when it came to supporting the freedom of choice act which would have cod filed roe v.wade -- codified roe v wade in 2010, he opposed that. so there's a fundamental difference on this. >> senator shaheen, winter is coming. and -- [laughter] >> that is not a reference to the tv show. [laughter] >> regardless of who is elected, electricity bills are about to sky rocket for many new hampshire homeowners. what's the best way to ensure affordable electricity rates for state residents? >> you know, energy is a very important issue for us here in new england. when i was governor i worked to lower electric rates. we did by about 16%. it's why i worked in the senate to come up with an energy efficiency strategy with rob portman, republican from ohio. because i believe we've got to support new energy technologies, alternative sources of energy. i don't think we're ever going to get off oil in my lifetime, but we've got to start investing in those new energy technologist. -- technologies. that'

the other concurrence was by justice solito who was joined by kagan and briar where he didn't directly address the third party rule but did suggest, similar to what justice sotomayor mentioned that in a modern digital internet-focussed world maybe we need to step back and rethink this doctrine of the third party rule. i don't think that the riley case, which dealt with cell phones suggests much more than in that case it was a concession that there was a search and focus was more on what the scope of a search could be. so i don't know if you read much into that, but that case, too, rejected an argument, at least, that there was no search because all that was on that -- those phones was were the kind of data that you could get from a third party. the argument being, no, it's -- it's not a third party, it's the person's phone. the third party doctrine doesn't apply. where is this headed? it's hard to tell. the third party rule is important to recognize is not a narrow fourth amendment doctrine. it has wide applicability across fourth amendment doctrine. and it's used -- been used as a lin

for get the kagan democrat or republican or tea party or whatever, look at that voting record. i have a teacher come at me because i am on the labour h h as subcommittee and homeland security subcommittee. i had a teacher come to me to lobby on behalf of increased funding for education and it was the battle we have in our committee to try to at least keep what we had. as she leaves, she says to me, i guess, full disclosure here, i only vote republican. talk about increasing money, it was her vote that put into power at the very party that was cutting education. you can't have it both ways so we have to have educated voter base, we have to participate, we have to participate and that is how if education, teachers, parents voted, believe me, one of the last things any elected official wants to do is cut education money. >> one thing. >> talking into the microphone. >> it's just that it's hard to hear. you are turning that way. we want to hear you. >> you will never see any elected official stand up and say -- this is not true -- they hate education but there unidentified speaker

for get the kagan democrat or republican or tea party or whatever, look at that voting record. i have a teacher come at me because i am on the labour h h as subcommittee and homeland security subcommittee. i had a teacher come to me to lobby on behalf of increased funding for education and it was the battle we have in our committee to try to at least keep what we had. as she leaves, she says to me, i guess, full disclosure here, i only vote republican. talk about increasing money, it was her vote that put into power at the very party that was cutting education. you can't have it both ways so we have to have educated voter base, we have to participate, we have to participate and that is how if education, teachers, parents voted, believe me, one of the last things any elected official wants to do is cut education money. >> one thing. >> talking into the microphone. >> that way -- we want to hear you. >> you will never see any elected official stand up and say -- this is not true--they hate education but there are those that want to eliminate the department of education been very

[laughter] kagan during his confirmation hearing was asked and she said basically to the extent that there are rights out there, i wouldn't want to you think that i would enforce those rights. how would you respond to that and any further thoughts about the reference to the declaration and the constitution. >> it's clear that the declaration was not part to have original constitution. there's a kind of interesting debate about that. one of the things that mclellan says that they didn't put that in the constitution because by the time they got around to drafting the constitution they were so over all that natural rights stuff, right? i mean, that was a kind of exuberant thing that they did but then when they got around to the constitution they were very sober and they did not bring that up again. my own feeling is that the reason that they did not say anything when they drafted the constitution about the declaration of independence was they understood what those words meant and just as it happened in massachusetts, it would have meant the end of slavery, right? that language was very

and last year justice kagan spoke to the graduating class. and so a number of the faculty were thinking what would be a good new tradition would be to have a leading member of the bench and bar come in at the start of the year to talk to our first year students about their career and to offered a vice about legal careers as people start their legal studies. so i can tell you how delighted i am that justice stevens is joining us here today. so a round of applause for justice stevens. [applause] >> maybe i should quit while i'm ahead. [laughter] thank you all very much. [laughter] so just a few housekeeping matters. if you have cell phones, turn them off. i'll wait. and what we're going to do is justice stevens and i will talk and a number of students submitted questions in advance and so i will read those questions in addition to some questions that i've written. if we have time at the hour we'll have hand mics and we'll ask questions. it's great to see so many distinguished alumni and faculty and senior staff, my wife allison treanor and so m

[laughter] >> and justice kagan during her confirmation hearing was asked and she said basically to theextent that there are rights out there, i wouldn't want you to think that i would enforce those rights. how would you respond to that and any further thoughts about the reference to the declaration and the constitution. >> it's clear that the declaration was not part to have original constitution. there's a kind of interesting debate about that. one of the things that mclellan says that they didn't put that in the constitution because by the time they got around to drafting the constitution they were so over all that natural rights stuff, right? i mean, that was a kind of exuberant thing that they did but then when they got around to the constitution they were very sober and they did not bring that up again. my own feeling is that the reason that they did not say anything when they drafted the constitution about the declaration of independence was they understood what those words meant and just as it happened in massachusetts, it would have meant the end of slavery, right? that languag