justice kagan: mr. bursch, i understand that argument. it's the principal argument that you make in your briefs, that same-sex marriage doesn't advance this state interest in regulating procreation. let's just assume for the moment that that's so. obviously, same-sex partners cannot procreate themselves. but is there in addition to that, are you saying that recognizing same-sex marriage will impinge upon that state interest, will harm that state interest in regulating procreation through marriage? mr. bursch: we are saying that your honor. now, obviously, under a rational basis, that's not a question that you need to decide, but -- but even leaving that aside -- justice ginsburg: how could that how could that be, because all of the incentives, all of the benefits that marriage affords would still be available. so you're not taking away anything from heterosexual couples. they would have the very same incentive to marry, all the benefits that come with marriage that they do now. mr. bursch: justice kagan

department's first amendment says nothing about religious liberty of a church or synagogue, justice kagan said, "i find your position amazing." well, i'm sorry to say that ms. lynch was unwilling to answer whether she holds that same amazing position, that the first amendment does not protect the religious liberty of people of faith in this country. when asked at her hearing if she believed the federal government could employ a drone to kill a united states citizen on u.s. soil if that individual posed no imminent threat, she refused to answer. when asked if she would be willing to appoint a special prosecutor to investigate the i.r.s.'s targeting of citizens and citizen groups for their political views, something which president obama said he was -- quote -- "angry about and the american people had a right to be angry about," and when asked if she would appoint a prosecutor who was, at the minimum, not a major obama donor, she refused to answer. this nominee has given every indication that she will continue the holder justice department's lawlessness. that was her testimony to the senate

justice kagan: just to clarify. you categories one way, the minimums are down here, you categorize another, the minimums are up there. it can make a huge difference in terms of minimums. mr. smith right. : there is a notice and comment process. they put out proposed categories. they tell them -- they get comments and make different categories. justice alito: how can we tell the degree to which costs without knowing the criteria for creating subcategories? mr. smith: it is in the statute. justice alito: no, the 12% came into play after you created the category. mr. smith: right. justice alito: how do i know they create the subcategories? mr. smith: you can see it in a notice of proposed rulemaking. what happens is people comment and say, we are so different from that category. we have special problems. justice kagan: it is a rulemaking after the rulemaking that applies to the listing, is that right? m.r. smith: it is totally after that. if the second phase. justice breyer: you confirm it was not made up in my chamber

if justice kagan and i have a close friendship, the government doesn't regulate when that friendship begins or ends. the government's sole interest in these cases isn't about love. it's about binding children to their biological -- >> that's fine. because i can we can accept that kind of definition and simply point out that many gay people want to have children. and they do. >> sure. >> i'm not certain how that works here, but i'll think about it. the other thing you will have a view on and will be helpful to me, is there an argument being made if not by the government and i'd like your response to it. that after all, marriage is about as basic a right as there is. that the constitution in amendment 14 does you cannot deprive a person of liberty without due process of law and that to take a group of people where so little distinguishes them from the people you give the liberty to at least in terms of a good reason for not and you don't let them participate in this basic institution, that that violates the 14th amendment. the reason i'm interested in that is because we don't get into

even liberal supreme court justice lynn kagan said it could be the most outdated law on the books.overnment should not be spending any taxpayer dollars or hours hoarding raisins and trying to collect $700,000 fees. but, their argument has been and ninth circuit backed it up that if they tricked the market into higher prices for raisins you will make it up and recoup your loss on the other end. i wish i had a good raisin joke but it's really preposterous. >> it's raising a lot of questions. >> i think one solution we are overlooking is to establish a strategic raisin reserve. we would have 100 year supply this thing is ridiculous but it is really important case because people had no idea how many other commodities, how many other markets the government especially the federal government intervening in preposterous ways. we pay a lot more for cotton and sugar and other stuff that we ever should. it may not be as obvious a taking as is happening here, but i think if this law falls, which i think it will they there be suits in hundreds of other laws and we might begin to clean up this c

a federal crime to air that documentary and a crime as evidenced by the oral arguments that elena kagan and the previous conceded that a book could be regulated. to me as someone who believes firmly in the first amendment ladies and gentlemen, this is a nightmare scenario regulating planned parenthood is a nightmare and that is why that's part of why that i did not come to defend the fat cats. what i am saying is that i'm worried, very worried and i will get to the constitutional amendment later that the bill of rights has never been amended. how dare anyone even call for that and i was behind him the day that he did push for that and even pushed for more than what was proposing. but this is my concern that sometimes the cure kills the patient and that is something that i simply cannot abide. >> you can watch this and other programs online at the tv.org. >> here's a look at books being published this week. in the road to character, david brooks looks at the lives of 10 historical figures as examples for how to achieve success and the political commentator counting the lives of women in

even liberal supreme court justice lynn kagan said it could be the most outdated law on the books.ent should not be spending any taxpayer dollars or hours hoarding raisins and trying to collect $700,000 fees. but, their argument has been and ninth circuit backed it up that if they tricked the market into higher prices for raisins you will make it up and recoup your loss on the other end. i wish i had a good raisin joke but it's really preposterous. >> it's raising a lot of questions. >> i think one solution we are overlooking is to establish a strategic raisin reserve. we would have 100 year supply this thing is ridiculous but it is really important case because people had no idea how many other commodities, how many other markets the government especially the federal government intervening in preposterous ways. we pay a lot more for cotton and sugar and other stuff that we ever should. it may not be as obvious a taking as is happening here, but i think if this law falls, which i think it will they there be suits in hundreds of other laws and we might begin to clean up this corrupt

see whether there was a middle ground or way to reach that. >> rose: rugh bader ginsburg and elena kagan said allowing same-sex marriage would do no harm, which is the argument many people do make would do no harm to the marriages of opposite-sex couples, it's not going to destroy the traditional marriage. >> it's only going to make the institution of marriage stronger, children more healthier and stable and secure. i think that was one of the points justice kennedy was making so eloquently is this is an institution that is important for children. marriage equality is important obviously for the two people involved in the marriage but also terribly important for the children being raised. i think that was one of the things justice kennedy mentioned two years ago in the windsor and perry arguments and came back to it again in the second half of the first argument today. i think that's a very powerful and important point. against those benefits you don't have anything to bounce. the state doesn't have any interest in preventing marriage equality. it's not going to harm heterosexual marriag

indeed justice elena kagan appointed by president obama said that the holder justice department's first amendment says nothing about religious liberty of a church or synagogue, justice kagan said i find your position amazing. well i'm sorry to say that ms. lynch was unwilling to answer whether she holds that same amazing position that the first amendment does not protect the religious liberty of people of faith in this country. when asked at her hearing if she believed the federal government could employ a drone to kill a united states citizen on u.s. soil if that individual posed no imminent threat, she refused to answer. when asked if she would be willing to appoint a special prosecutor to investigate the i.r.s.'s targeting of citizens and citizen groups for their political views something which president obama said he was -- quote -- angry about and the american people had a right to be angry about and when asked if she would appoint a prosecutor who was at the minimum not a major obama donor she refused to answer. this nominee has given every indication that she will continue the ho

current justices elena kagan, ruth bader ginsburg, and sonia sotomayor were on hand for an event honoringetired justice sandra day o'connor. >>> on this day 150 years ago, the nation endured one of its darkest moments -- the death of president abraham lincoln. hundreds gathered for a vigil outside ford's theater in washington, d.c., where president lincoln was shot and outside the former boardinghouse across the street where he later died in the final days of the civil war. >>> when we come back, team loyalty and a player that was never turned away. >>> finally tonight, in this era of big league, multimillion dollar deals for athletes, the san diego padres may have made one of the best deals in baseball. doesn't get a lot of attention, but the value, priceless. here's nbc's joe fryer. >>> let's go! >> reporter: even on grainy vhs footage, you can see what the san diego padres saw in pitcher matt lachappa. a sizzling fastball and wicked curve. >> he had a lot of talent. he was a great pitcher. he could have gone a long ways, in my opinion. >> reporter: priscilla oppenheimer oversaw minor l

. >> justice kagan and justice ginsburg it has to do with the society understanding of what marriage means. this is a bigger idea of a couple and what marriage means to them or their children. when you change the definition of marriage to delink the idea we are bonding children with their biological mom and dad there is consequences >> we don't do that. that is the problem. marriage it will harm marriage between a man and woman if you allow men or two women to marry. i thought the burden was to show the state's reason for this institution is a reason that has nothing to do it is not applicable to same-sex couples. >> justice scalia you are right. i want to answer your question. >> i don't think that is right. i think before something that is as fundamental to a society as marriage is before an exclusion can be made in that institution the state needs a reason for that exclusion. i am giving you a real opportunity to tell you what that reason is what is the reason for the exclusion instead of non-inclusion. >> it is definition to solve a problem but the reason there is harm if you cha

sotomayor and justice elena kagan were most forceful in opposition, with both reportedly asserting that lethal injection was like being burned alive with chemicals. conservatives pointing to different medical studies and several lower-court rulings strongly disputed that. they suggested the arguments were a back-door way of dismantling the death penalty. "let's be honest about what's going on here," said justice samuel alito. "the court is being asked to help wage a guerrilla war against the death penalty." 32 states have the death penalty, but it's increasingly difficult to carry out. justice antonin scalia says that's because of the abolitionist movement, putting pressure on the companies that manufacture drugs to stop making them available for executions. and that's what happened in this case. a drug company stopped providing two other sedatives, which forced oklahoma to use this alternative. or it could do, scott, like utah recently did, and bring back the firing squad. >> pelley: jan crawford at the supreme court. jan, thank you. now, have a look at this. >> yesterday, december 7,

liberal justice kagan arguing most executions amount to "being burned alive from the inside." their debate will continue. >>> now, to a growing danger for children across america when the school bus pulls up. we showed you that incredible video this week, and take a look. the close call. the bus driver opens the door and then the suv there plowing by, ignoring the stop signals. the children were okay. but tonight, in dallas alone, 92,000 tickets issued in just the last three years, drivers plowing by those buses. abc's ryan owens with the startling new images tonight. >> reporter: just as the school bus doors open, tragedy nearly strikes. a white suv is inches from mowing down three children, including this 5-year-old. >> it kind of ran over my shoe a little. >> reporter: the bus's cameras catch the speeding suv from three angles, as the driver passes the bus on the shoulder. tonight, investigators in washington state are offering a reward to find that driver. >> when we knew our kids were okay, the anger set in. i took off running. >> reporter: it's illegal to pass a school b

current justices elena kagan ruth bader ginsburg and sonia sotomayor were on hand for an event honoringustice sandra day o'connor. >>> on this day 150 years ago, the nation endured one of its darkest moment -- the death of president abraham lincoln. hundreds gathered for a vigil outside ford's theater in washington, d.c., where president lincoln was shot and outside the former boardinghouse across the street where he later died in the final days of the civil war. >>> when we come back team loyalty and a sunday dinners at my house... it's a full day for me, and i love it. but when i started having back pain my sister had to come help. i don't like asking for help. i took tylenol but i had to take six pills to get through the day. so my daughter brought over some aleve. it's just two pills, all day! and now, i'm back! aleve. two pills. all day strong, all day long. and for a good night's rest, try aleve pm for a better am. i'm caridee. i've had moderate to severe plaque psoriasis most my life. but that hasn't stopped me from modeling. my doctor told me about stelara®. it helps keep my ski

and it's really funny, because if you watched the hearings for elena kagan the other day, one of the questions they asked her, you know, was, like, "where were you christmas day?" because that was the day of the bombing. and she was at first, like, very defensive, because she didn't know, whether, you know, it was a terror question, or whatever. and they're like, "no, we just want to know where you were." and she laughed, and said, "well, like all jews, i was probably at a chinese restaurant." and in new york city especially, it's sometimes twice as popular at least, compared to your next popular... your second most popular day. because, you know, for a long time chinese restaurants were the ones that were open on christmas. and it just became this interesting american jewish tradition. and it's specific to america. i mean, it's not like they're doing this in israel. >> hinojosa: it's also because of the fact that these are two immigrant groups that are not christian. >> yeah, the two largest non-christian immigrant groups. and they... you know, so chinese restaurants are open on sun

and it's really funny, because if you watched the hearings for elena kagan the other day, one of the questions they asked her, you know, was, like, "where were you christmas day?" because that was the day of the bombing. and she was at first, like, very defensive, because she didn't know, whether, you know, it was a terror question, or whatever. and they're like, "no, we just want to know where you were." and she laughed, and said, "well, like all jews, i was probably at a chinese restaurant." and in new york city especially, it's sometimes twice as popular at least, compared to your next popular... your second most popular day. because, you know, for a long time chinese restaurants were the ones that were open on christmas. and it just became this interesting american jewish tradition. and it's specific to i mean, it's not like they're doing this in israel. >> hinojosa: it's also because of the fact that these are two immigrant groups that are not christian. >> yeah, the two largest non-christian immigrant groups. and they... you know, so chinese restaurants are open on sundays, you

justices elena kagan and son i can't sotomayor on hand. she was the first feel justice appointed to the court in 1981. she retired in 2006 and she now groups to educate young girls in civics. chief justice john roberts got a different honor. he was called for jury duty. he showed up at the montgomery county courthouse in rock ville this morning. he was a potential juror in a civil case involving a car crash. he answered a few questions and then stop the presses, he was not chosen for the jury. >>> we've heard about the aircraft. but some drones are being used to pre serve crime scenes before they're contaminated. >> reporter: dozens captured the scene on cell phones. a flying drone that can tikriti 3d 360-degree images of crime scenes before anyone can contaminate them. >> reporter: it was in the five story it a reup in southwest washington near national mall. the city's crime search office is thinking of bind one. >> if you screw up the scene, then anything that come after that might be compromised. >> would you contaminate or lose eviden

. >> there are appeals to ginsburg and kagan calling on them to recuse themselves on next week's case, same-sex marriage. they are performed same-sex marriages where it is legal but when asked if she thought the country would have a tough time accepting a decision from the supreme court finding a constitutional right for same-sex couples to marry, ginsburg said that was, quote doubtful adding this. >> i think it would not take a lot of adjustment. >> legal analysts are divided about whether she went too far for commenting when the case is pending and whether she has an obligation to sit this one out. >> the rule of law has been stampeded, stomped and evaded on this whole issue of same-sex marriage and when people are hell-bent to get a result, they will stop at nothing and i think that is what is happening here. >> many of the justices have given some suggestions but there is nothing on the record that would require any of them to recuse themselves in this particular case. >> reporter: under federal law, justices are asked to recuse themselves from any proceeding in which his impartia

justices kagan, ginsburg, really went after him on that. not understanding whatever you might say about traditional marriage, it is not clear how banning same-sex marriage is going to do any harm to that institution. david: i agree. it i thought it was interesting, you saw both in the chief justice's comments and justice alito's comments, somewhat of a search to see if there was middle ground. one of the questions justice alito asked in the second half of the argument, when they were talking about whether states had to recognize other states marriages, even if they did not recognize marriage equality in their own state, justice alito said, maybe they have enough of an interest to not have them performed in their state but not enough to prevent recognition for faith and credit to other states. he said that is possible. i thought it was interesting, to see justice alito, who i think a lot of people would say would be against marriage equality, trying to find in the civil rights area some middle ground. charlie: where is the middle ground? dav

justice kagan: can i take you back to justice breyer's first question? it was about how these categories work and how the categories enable the epa to mitigate certain dramatic or onerous costs of certain segments of the industry. but that is not an unknown provision of any kind. and indeed, it seems to me that the provision very much cuts against your ultimate. epa, in some ways, can't even figure out the cost until itthe aggregate cost obviously depend on how epa categorizes and sub categorizes. you won't have the epa make the cost calculation before it really can given the structure of the statute. mr. brownell: the cost does dr. into a variety of determinations as made part of the regulatory process. when

. >> there are appeals to ginsburg and kagan calling on them to recuse themselves on next week's case, same-sex marriage. they are performed same-sex marriages where it is legal but when asked if she thought the country would have a tough time accepting a decision from the supreme court finding a constitutional right for same-sex couples to marry, ginsburg said that was, quote doubtful adding this. >> i think it would not take a lot of adjustment. >> legal analysts are divided about whether she went too far for commenting when the case is pending and whether she has an obligation to sit this one out. >> the rule of law has been stampeded, stomped and evaded on this whole issue of same-sex marriage and when people are hell-bent to get a result, they will stop at nothing and i think that is what is happening here. >> many of the justices have given some suggestions but there is nothing on the record that would require any of them to recuse themselves in this particular case. >> reporter: under federal law, justices are asked to recuse themselves from any proceeding in which his impartia

but if that doesn't happen, justice kagan says the final drug administered with leave the prisoner with of burned while alive. suppose we're going to burn you at the stake but before we do we're going to use an anesthetic that will make you completely unknown. maybe you will feel it maybe you won't. and you think that would be okay? >> these people did not have the capability to shoot down the small aircraft that landed on the capitol lawn two weeks ago. this directly contradicts testimony from the head of the capitol police. the head of the faa says the vehicle was indistinguishable on radar from a flock of birds, a kite or a balloon. a florida postal worker upset with campaign finance law was arrested when he landed. oversight committee jason chaffetz was not satisfied. >> you have a dude crossing 100-plus miles of restricted air space. whose job was it to take him down? he was loud and clear what he was going to do. in fact he was live-streaming it and yet nobody seemed to pick that up. >> chaffetz also dressed down joe clancy about why the former deputy director of the troubled agen

constitutions legislative power to the people by initiative, but just to echo something that justin kagan alluded to in the earlier argument there are -- we're talking here about a construction of the word legislature as to all time, place, or manner regulations. >> why doesn't your interpretation make the words by the legislature thereof entirely superfluous? in other words, why didn't they just say that the rules would be prescribed by each state? because if -- >> because -- >> i'm sorry? >> because as the court explained in smiley, what the framers wanted was it to be done by a legislation. that is, it wanted a, quote, complete code of holding congressional elections to be enacted. >> i understood your argument to be that as long as it's an exercise of legislative power that it's satisfied. and if you have, for example, a governor doing it would be pursuant to a delegation either from the people or from the legislature. but either way, nothing happens until there's an exercise of lawmaking power by the state. so it should have been sufficient for the drafters of the constitution to sim

sonia sotomayor and justice elena kagan were both repeatedly asserting lethal injection is like beingd alive with chemicals. conservatives strongly disputed that. they suggested the arguments were a back doorway of disparticipantling the death penle -- dismantling the death penalty. let's be honest what's going on here said justice alito. 32 states have the death penalty but it is increasingly difficult to carry out. justice scalia says that's because of the abolitionist movement putting pressure on the companies that manufacture drugs to stop making them available for executions. >> reporter: that's what happened in this case. drug companies stopped providing other sedatives which forced oklahoma to search for an alternative or they could just find another method like utah today when it brought back the firing squad. jan crawford, cbs news, the supreme court. >>> this morning superintendent of fairfax county schools karen garza is blasting the board of supervisors for failing to fully fund the school budget. the deficit this year is only about $8 million. that's out of a $2 billion s

liberal kagan jumped in. >> why would that feeling, which doesn't make logical sense, control our decision making? >> and then anthony kennedy who could hold the swing vote. >> the only opposite sex couples could have a bonding with the child. that was a very interesting how it's just the wrong premise. >> reporter: but gay marriage is a new premise said chief justice roberts. >> the opposite sex relationship. >> reporter: and as a demonstrator yelled in court -- it's a corps of fundamentalist christianity christianity. most may support it but may not want the court to intervene. >> they're saying leave it to the people. it'll be worked out later, or not. >> with all eyes on kennedy, he seemed to agree. >> this definition has been with us for millennia. and it's difficult for the court to say, well we know better. >> opponents of gay marriage came out hopeful the justices will not order it legalized. >> you do have to let the people decide or you lose the principles our country was founded on. >> the same-sex parents and their daughter a wedding back home in michigan looks more likely. >>

gearing up for the oral arguments by crusading against the supreme court justice ruth ginsburg and kagan, saying they should push themselves to recuse themselves from the marriage, because they have officiated at same-sex marriage weddings so therefore they're too biassed in the case. all the republican contenders or at least all of them i can name off my head they're all against gay couples being allowed to marry, even as the rest of the couple upholds it. and because of the difference of public opinion and their issues, they're having a hard time talking about gay marriage already. if the supreme court hands down a ruling that has nationwide impact, well, those conversations about gay rights and the competition between republican candidates on the gay rights issue is going to get a lot more difficult than it is now and a lot weirder than it is right now and that will happen very very fast. and then the day right after the marriage case is heard next week, the very next day it will be the lethal injection case at the supreme court. and we have been focusing on this issue in the last cou

for those oral arguments by crusading against supreme court justices ruth bader ginsburg and elena kagan, saying that those justices should be pushed somehow to recuse themselves from the marriage case, because they, as individual judges, have officiated at same-sex weddings, so therefore they're too biassed to rule in the case. all of the republican presidential contenders this year, or at least all the ones that i can name off the top of my head, all of them are against marriage rights. they're all against gay couples being allowed to get married, even as most of the country is okay with it. i mean, the republican hopefuls for president, because of the distance between them and public opinion on this issue, they're having a hard time talking about gay rights and gay marriage already. if the supreme court in this case next week hands down a ruling, that has nationwide impact, well, those conversations about gay rights and the competition between republican candidates ton gay rights issue is going to get a lot more complicated than it is right now and a lot weird than it is right now and

fred kagan, thank you so much.preciate your insights and taking us through this report. >>> still to come let the auditions begin. the republican race for 2016 heating up in new hampshire. who is going to stand out. we all enter this world with a shout and we see no reason to stop. so cvs health is creating industry-leading programs and tools that help people stay on medicines as their doctors prescribed. it could help save tens of thousands of lives every year. and that w ould be something worth shouting about. cvs health, because health is everything. ugh... ...heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. (dog) mmmm. we've been together since 2012. dinner is absolutely our favorite time together. i do notice that sometimes i eat better than her. i get my healthy bowl of beneful, and she eats a cheese stick and a cr

. >> yeah and justice kagan repeatedly emphasized that and said if the first drug that is supposed to in a coma-like state, the second drug gives the person the feeling of being burned alive from the inside. and the attorney arguing on behalf of oklahoma said, quote, suppose we said we're going to burn you at the stake but before we do we'll use an anesthetic of completely unknown properties and effects, maybe you'll feel it, maybe you won't, you can't tell and you think that would be okay? oklahoma solicitor general said that's not the h sides agree that the initial drug the state is using will render a person unconscious within 60 to 90 seconds. we'll see how it comes out. a decision is due in june. >>> we'll come back with a nod at this day in history and a look back at one of the most notorious riots in u.s. history. >>> on this day in 1992 riots broke out in los angeles. a jury had acquitted four lapd cops after video showed them brutally beating rodney king a then unarmed black man. the crowds flooded the streets to protest and soon it turned violent. people set fires and looted

votes, including justice kennedy, justice ginsburg, and justice breyer, justice sotomayor, justice kagan this case we were hoping all nine justices would fall in line once the case was finally decided because of the inherent rights of individuals. i'm still optimistic it will be more than five years, but we can count the justices that already decided the defense of marriage case. and their explanation for why they decided that. >> does it matter if it's 5-4 or 6-3? does it have a different impact? >> i think civil rights cases ought to be decided 9-0, 8-1, the way racial civil rights decisions were largely made. >> it became a fact the public then said -- >> exactly. it sends a message that this country doesn't tolerate discrimination. so i think the more justices that sign on, the better. but we have got to look at windsor. i think it is really hard to see how the majority justices would decide this case any differently. on the other hand, it is hard to figure out for sure that you can get any one of the four that didn't. >> thank you for coming on. >> we bring in the panel, the republi

another aspect, i was seeing it the way justice kagan described it. one virtue you may not agree with this of ministration. what do you what do yo once you have told in those two things they have got it in their head. if it is not over they better be careful. they will understand that and it will be both protecting with the 4th amendment protects and also i think giving them enough leeway to conduct a traffic stop. >> that makes the officer sequencing decision entirely dispositive whether the dog sniff can occur. if it happens after fine, -- if it happens before flying after not. from the officer's the officer's perspective there is an interest in officers having some leeway to sequence the traffic stop the way it is. >> judge breyer -- judge breyer says, you can't unreasonably all the person. any measurable time to get the dark. it has to do with the resources of the police department. we can't keep bending the 4th amendment to the law enforcement, particularly when this stop is not incidental to the purpose of the stop. it is purely to help the poli

justice kagan: ms. bonauto maybe i'm just not understanding justice scalia's question, but for example, there are many rabbis that will not conduct marriages between jews and non-jews, notwithstanding that we have a constitutional prohibition against religious discrimination. and those rabbis get all the powers and privileges of the state, even if they have that rule, most many, many, many rabbis won't do that. ms. bonauto: that's precisely -- justice breyer: it's called congress shall make no law respecting the freedom of religion -- ms. bonauto: so, yes -- justice breyer: but that -- ms. bonauto: can i -- justice breyer: it leaves this question -- ms. bonauto: yes. justice breyer: open? ms. bonauto: yes. and i will just say very briefly -- justice scalia: well, you -- ms. bonauto: and i need to -- justice scalia: you agree with that -- ms. bonauto: reserve my time, if i may. justice scalia: then? you agree that -- that ministers will not have to conduct same-sex marriages? ms. bonauto: if they do not

one of the producers spelling details, supreme court justice elena kagan says this is the favorite thingomedy. "west wing" was too much like going to work because they tried to relive the real life thing. the "news room" was real life things. this is pure zaniness. >> which is how the white house is, pure zani necessary. >> on the "west wing," they never paused. >> you compare it. no that's not how it is in real life. the "veep" isn't like real life. the look is right and they have some of the physical things right. but they're not coining situations where they say that's not how it happened. it's a fictional thing. >> a reminder that so much of what happens in washington are people full of themselves who don't have a lot of power and are wasting their time. >> let's get another one in here. the christian science monitor why millennials don't want to run for political office loosely defined as people born in the early 1980s to early 2000s. as i look at this i find out i'm not a millennial. there's new research out that says these millennials are not apathetic toward the major issues of t

indeed just as elena kagan appointed by president obama said at the oral arguments at the holder justice department position that the first amendment says nothing about the religious liberty of a church or a synagogue, justice kagan said i find your position amazing. i'm sorry to say that ms. lynch was unwilling to answer whether she holds that same amazing position that the first amendment does not protect the religious liberty of people of faith in this country. when asked after hearing if she believed the federal government could employ a drone to kill a united states citizen on u.s. soil come if that individual post no imminent threat, she refused to answer. when asked if she would be willing to appoint a special prosecutor to investigate the irs is targeting of citizens and citizen groups for their political views, something which president obama said he was quote angry about an american people have a right to be angry about. and when asked if she would appoint a prosecutor who was at the minimum not a major obama donor, she refused to answer. this nominee has given every indication