justice kagan: yes. and your answer is essentially you don't need a special justification if the initial decision improperly denied a claim of right. mr. carvin: right. justice kagan: i guess i'm saying that i find that an extremely difficult concept to understand. it would take away stare decisis effect from numerous, i mean, just hundreds, thousands of our decisions. mr.carvin: but justice kagan, with respect, i think the proof is in the pudding. the court has never upheld an erroneous denial of a right on stare decisis. justice breyer: and you think all the fourth amendment cases, in your opinion, are correct. i mean, you know, the police can go search a car, the good faith rule in respect to admission of evidence that was seized unlawfully under the fourth amendment. i read a lot of criticism of those things in the paper. and it seems to me you could get people who are judges, who are up here, who thought that the fourth amendment should be really extended and, in fact, there should be no rule that g

justice kagan: well -- mr. goldstein: but the downside risk is significant. justice kagan: mr. goldstein, i mean, if somebody had come in to me before today's argument and just said, does the first amendment prevent the government from punishing a person because that person does not share the government's views, i would have said, why, yes, of course the first amendment protects that. that's the whole point of the first amendment. and now you're telling me, no, the first amendment does not prevent the government from punishing a person because that person doesn't share the government's views, unless that person is actively opposed to the government's views. but if that person just really could not care less, which a lot of people in this country could not care less; they don't vote, they don't pay attention, they wouldn't know who was running. but the government can punish that person because that person doesn't share the government's views. and i would have said, that is one strange doctrine. mr. goldstein: it -- it may be that i have not persuaded you in this case. i will say

. >> justice kagan, that's, of course, not what i'm saying. what i'm saying is that under first amendment overbreadth doctrine, when you have a general policy, and this is what we think happened in elrod and branty, the fact that you do not inquire into the individual person's political views because the policy is facially unconstitutional. but it has never been the case in any context, and the other side is that every opportunity in the world, we cannot find any first amendment case that says you know what? you don't have to engage in constitutionally protected activity so long as the government thinks you did. and it's really a problem if that's the rule. because it is the threshold thing that stops plaintiffs with meritless cases from getting out of the box. in all of these cases, if the plaintiff no longer has to say, i engage -- >> but you're saying -- and i think you said this straight out -- you're saying, i can come into an office, i'm a democrat, i can identify every person without the well-known political view, every couch potato out

sot nnifer kagan, nurs "wsee ndreds of concsions a year and huneds of coussion theki sn." annow the serious cases... nats "hello! oh y jen w are yoood." are geing trtefrom right here in pueb... at docroic sot rocky khosla "so essentiay she isy exnsn and she's doing the physical exam onhe patient."khla, in traumatic brinju, went thuglot of training with jennifer kag, registered nursin summit county. sot jennifer kagan "it's nojust aho call your physician is making to a speclistit's the physician isble to put their eyes on the sot khosla thi have a coussion and continue to do an activity that's high ris" rly diagnoses is key... sot ifer "this allows us serve, to pride them with a tt service." as welrevention. sot khos"helmets are tremendous in preventing fractures, ey rece force transmission." sot rick uhl "the helmets have made such a great safety impact over the laecade r sure." remember... helmets are imt buwot concuss... and doctor khosla says it's always best toonsult with your primary care psician too. he's currently expanng the teoncuion seices within ceura he to rang

you look at the last set of nominees, roberts was 50, kagan was 50, alito and sotomayor was also 50. what the presidents were incentivized to do is find somebody who is very ideologic and already has these entrenched views. most of the justices in the supreme court worked in a presidential administration, whether it was reagan or ford or obama, most worked in a presidential administration, i don't think you want third parties deciding how to interpret our laws. >> this latest era that gabe defines really start with clarence thomas who was young was ideologic could be expected to be around for a long time on the bench ? >> well, i do think it started about that time. and clearly, it's become the trend . i think in the past 30 years or so justices started to search 20 years or so. president saying i think it's good thing to nominate somebody who's only he going to be on the court for a decade or so, the whole system is structured to incentivize someone who can stay on for a long time. i can't blame the president for wanting to do it. i can't blame senators who are under pressure from s

i will say, justice kagan, what you ask is can the government do it? the government cannot because there are lots of other protections. and remember, if the person is politically neutral, it is the case that the right of political association is the right of political association. if you aren't engaging in it, you aren't actively pursuing the right and any right, or even if you aren't active about it. >> thank you, counsel. mr. frost, you have a minute left. >> thank you, mr. chief justice. a couple points that i want to make. with respect to declaring one as a neutral, if heffernan was engaged in political activity and said i'm supporting spagnola, of course you would be protected by the first amendment. what i'm hearing is that if he said i'm neutral, he would be protected. i see little difference between being neutral and being agnostic in the sense that i'm not taking a position. so -- >> i am so totally confused. i know it was way it was presented to us, but i thought he testified that he had made a choice not to get involved in the campaign, but

there's such a difference between the cases. >> you're not surprised that i agree, justice kagan. if we could take this outside the public employment context, and the reason i want to do that is that we ought to be able to agree that the first amendment rights aren't greater. the court has pointed out that there's a greater federalism interest in managing the public employment work force and also that this is an unconstitutional conditions case. but just imagine the following simple, you know, hypotheticals that relate just to this case. imagine that the chief of police, with the same motivation, went up to heffernan as he wept to pick up the sign, grabbed the sign and tore it up. or imagine that heffernan was trying -- was stopped from entering a parade in favor of spag nola, but what he was actually trying to do was just cross the street. or he went to the building where it is that spagnola had his headquarters and the chief of police stopped him from going in, but he was actually going to his lawyer's office. those are exactly the same motivation. i don't think there's any way

ted: crash on u.s. 27 at kagan crossing not too far away from u.s. 92. your best alternate would be to use state road 429. i four eastbound still not so bad. i for westbound into seminole county busier in altamonte. jason: these are the top stories. beginning with the overnight chase from osceola county into orange county. michelle: two people are in custody. deputies caught up with the people in the car near east colonial in orange county just after 3:00. it is not clear why deputies were chasing this car. jason: police want to find a suspected robber who took off after his heart and are in crime was shot. it happened in cocoa last night. the owner shot one robber and shot at a car well the other crook drove off. substitute teacher accused of having sex with a 14-year-old was rearrested last night on a new charge. sarah more -- moore is charged with evidence tampering. jason: police believe this vehicle belongs to the person who killed lawrence pitkin junior. michelle: governor rick -- scott is kicking off his tour. he is promoting the plan he pushed in

. >> for two reasons, justice kagan. none of the court's first amendment jurisprudence says public employers have the same rights as private employers. private employers can discriminate on the basis of political affiliation or sexual orientation, but no one thinks public employers can do that. under pickering, the deferential review you're referring to -- >> mr. carvin, there's a lesser set of constraints. the lesser set is basically to draw a line and ensure that the government doesn't use its position as employer to do things improperly to do. when the government is acting as an employer, it really ought to be able to do the same things that a private employer can. >> the court's government employer speech draw a clear distinction between restricting employee speech, like under the pickering line of cases where there is deferential review and circumstances such as this where they do leverage the employee relationship to coerce the employee to associate with an outside group. for example, rue tan. rue tan is subject to

elena kagan, lawrence judith sheindlin."the correct answer is....(mos)she better get it right, she's a lawyer. many folks picked...(mos)he was actually a federal judge . (mos)the thing is, 3 most people had no idea who judith sheindlin is.(mos)(nats - judge judy show)and if you answered "uhhhhh" to 3 this multiple choice question...(nats - judge judy show)jeanne moos(nats - judge judy show)cnn new york(nats - judge judy show) 3 time/temp ... 3 it's national cheese lovers day ...so share your favorite local12 facebook page.plus ... scrapping one of the tri- state's most popular festivals. why a summertime tradition will not return next year ... ahead at five, on good morning break four hershey' s miniatures. em! em! we pick ' em! delicious fun for everyone. hershey' s miniatures are 3 its national cheese lovers day. so on facebook, we're asking ... what you're favorite cheese-filled dish 3 3 conversation -- just *like* the local 12 page on facebook to share your thoughts. 3 3 (show open) 3 3 3 remembering a fallen officer. we'll tell you how the danv

we believe this is a straightforward case not -- justice kagan it is not a standard michigan v. long case. it's an interwoven case. the state court took teague lock, stock and barrel. no doubt, justice scalia, in the previous louisiana supreme court opinions that the state said we are voluntarily adopting teague, there is no doubt about that. we think the question is whether that raises the question of an advisory opinion from this court. why do we say it doesn't? because in cases like coleman v thompson, the court said where the federal law holding is integral to the state court's disposition of the matter there is no risk of an advisory opinion, and later in coleman the court said only if resolution of the federal issue, quote, could not affect the judgment is there the risk of an advisory opinion. here we don't think there is the risk of an advisory opinion. of course it's within the realm of possibility. it could happen that on remanned the court could say we've seen what you adopted on teague and we'll adopt our own retroactivity standards. the question is does it make this

thru one sentence of his opening statement before being peppered with questions from justice elana kagan---opening up a firestorm from the other justices. findley had a few good minutes of witty banter with justice steven breyereven earning laughs throughout the courtroom. the nps argued the hovercraft ban is a national rule --- but sturgeon says alaska is unique and can't be subjected to the same rules as the lower 48 states. he argued many people live hundreds of miles from the nearest road and need transportation for everyday needs like jobs, groceries and healthcare. sturgeon is backed by the state of alaskathe alaskan congressioanl delegation --- and countless groups across the state. "what's great about this case its alaskans comin gtogether room all walks of life." the park service defense - it's their and natural reseources. the supreme court does not assign specfic dates as to when a decision will be handed downbut one should be expected within the next few months. reporting at the supreme courti'm alex miller." if you're flying out of the reno-tahoe international airport... you

law students but if you look at it justice scalia has such a following for people is even justice kagan has one as well. but they do have an interesting sense bin where they traveling? and then to take on the following as well. it to be a respected advocate and that i remember this in the to the argument with the arizona immigration case that this guy isn't doing well at all. and got his tail kicked to turn off the oral arguments to think this case is more interesting. what does the book said? the s.g. will snatch victory from the jaws of defeat. is that have been in the other attorney to gauge the performance i am not sure there would have won the case. and then to get away with other attorneys. >> does the solicitor general's office have any of their duties? >> so one of the primary things in with that coordination one of the biggest problems but the fact that individual agencies would take a different legal position to say that save federal statute one takes one position and then another agency take another position. it causes confusion what is the position of the united states? so o

elena kagan seems to have one.nd if you go and look at the financial disclosure report and see, you can interesting sense of what is motivating these folks. missing that evolution with justices of the. a pretty well known and respected. i remember listening to the arguments most people who listen to oral arguments that is touted justices and also i think he did that in these cases, but if that have been any other attorney not sure they would have one that case, but because of somebody arguing on behalf of the us able to get away with. >> the duties besides the laser focus? >> they have some duties. one of the incidentals that really is quite important, representing the us but there's also a duty of centralization in coordination. one of the biggest problems the us faced in addition to the costs before we had the solicitor general was the fact that individual agencies whether they hired private attorneys are not would take different legal positions in cases which is decided you could have the same federal statute an

elena kagan seems to have one as well. and if you go and you actually look at the justices' financial disclosure reports and see where they're traveling, who they're speaking to, you get a really interesting sense of what's motivating these folks, you know? maybe -- it leaves you with questions about why are they traveling to some places versus others. but the bottom line is that, you know, we've seen that evolution with justices. i think we've also seen that with solicitors general. they sort of take on a following as well. and the thing about don verrilli is, you know, he was a, as you suggested, a pretty well known, respected advocate before he got to the solicitor general's office. and i they would take different legal posis in cases, which is to say that you could have the same federal statute, and you might have one agency take one position in a case and a different agency take the totally different position, right? so you can imagine then that that causes confusion for justices, it causes confusion, you know, what i

but, 62 percent of those grads correctly identified supreme court justice elena kagan. ### virginia city's new spirit "cemetery gin" was introduced on nevada day last year... and some of the proceeds are being used to maintain and preserve comstock cemeteries. kolo 8 news nows chris buckley has the story. this batch of cemetery gin made its debut on nevada day last year... but here on the coined long ago. "the story goes that back in the 1800s before we got water out of the lake the water was so bad you couldnt drink it without 2 parts of gin. pair that up with the fact we had some pretty rough mining conditions, a funeral day, undertakers union endorsed cemetery gin as the offidcial drink of vc guaranteed to embalm you wile you're still breathing." this sprit is nevada grown and distilled by frey ranch estate distillery out of fallon. "they use nevada pine nut, something that's in our hearts and smells like northern nevada, just makes it that more special." and a portion of the sales are donated to the comstock cemetery foundation... for restoration efforts. "the home that was relocated f

another aggravating circumstance proven outside, and that actually happens in most cases, justice kagan. >> we don't sit in judgment of the theoretical scheme that florida has set up, do we? >> no, your honor. >> we have to ajudge that there has been unconstitutionality in this case. >> that's correct, justice scalia. and in this case there is a jury recommendation, actually two jury recommendations. >> can i give you another hypothetical scheme, notwithstanding that we don't sit in judgment of hypothetical schemes? >> sure. >> suppose the jury finds an aggravating fact but then the judge has this whole separate hearing, right, in which other things are presented to him. >> mm-hmm. >> and the judge says, you know, i don't actually agree with the aggravating fact that the jury found but i have my own aggravating facts, and i'm doing all the weighing and i come out in favor of death. i assume you would say that also would be an unconstitutional application. consistent with ring, because again, once death eligibility, and there's a substantial difference that this court has recognized over

anithen kennedy often the swing vote in a lot of these cases. >> el lena kagan and songia sotomayor,tice breyer who comes every single year. remember last year ruth bader ginsburg had her eyes closed during part of the address. the cabinet with the exception of jeh johnson, they will be introduced as well. they will be walking in. jeh johnson is what they call the designated survivor. he is not there, but in the gallery, the first lady, michelle obama is walking in, with a nice round of applause. she has a bunch of special guests as well. >> the first lady remains incredibly popular. the politics go back and forth. there he is hugging the second lady, jill biden. she is very popular, and according to the president, probably also excited to leave the white house. >> there she is, she drove over with the president of the united states. dr. jill biden is right there. they're all applauding. there will be an empty chair there tonight as well, the deliberately wanted an empty chair for the victims of gun violence. >> that's right. governor malloy is also there, somebody who's also been ve

. >> shelly kagan is a moral philosopher at yale university and he teaches one of the school's most popular classes. it's called death. he says if science could really alter the upper bounds of human lifespan even by 50 years it would have major repercussions. >> that would be something we've never dealt with and have no idea at all what it would do, what kind of changes it would require in human society. >> even one of the biggest dreamers warns that we're not ready for this. >> professor kubota says that humans as a species have a fundamental flaw. as we chase longer lives, we're losing sight of our place in the world. and that maybe we need to learn how to live better today. >> most of us go through life, i think, discovering that we are making or have made choices but haven't really reflected hard on whether those were the right choices to make or what were our reasons, were those good reasons i think recognizing that death is really the end implies the

the study points out that nearly 60 percent of college graduates correctly chose elena kagan as a supreme court justicee thanks to the creation of a 3-d printer, english company is offering lego figures, you can custom craft them, on just about anybody, to take a picture, front and side and then include that in your order, and each is about $30, and then will arrive judith sheindlen east-southeast or box . i don't know what is in this, we are all saying this sinners for the first time . it is just the extra hands. >> just in case you break one of your heads . they gave you two so they must know something. these are spectacular. >> these came from england. he was going to let an innocent dog died, so thatl is his did not have to, and then ends up in jail for what he did after a allow man in show after trying to trick the court to get around in order to utilize his dog. >> in order to put down his is pitbull after it attacked a german dog and his owner has. >> stood before the same court that ordered himm to put his dog put put down humanely but instead. >> he brought all that was not his d

but, 62 percent of those grads correctly identified supreme court justice elena kagan. ### there's a 200-thousand dollar offer for local schools in reno. but, school leaders say it's not enough. the deal that could impact your child's school. and, a new discovery in space could change the way we see our own solar system. plus, chief meteorologist jeff thompson has your forecast. "you're watching kolo 8 news now at 5:00 with sarah johns, noah bond, weather with meteorologist jeff thompson, and sports with josh little. this is kolo 8 news now at 5:00." last year's heat wave, made the record books. thing you want... is an audit. dave lying on your return or making mistakes often lead to a closer look by the feds... amanda but tomorrow we'll share some surprising things you've probably never realized can lead to an i-r-s audit. and nasa... 2015 is officially the hottest year ever recorded. temperatures have been tracked for the past 136 years. 2015, was more than 20- percent hotter than 2014, the previous record holder. experts say, the strength of el nino is a major factor. ### two scie

jufght justice kagan when she was going through her confirmation hearings to be solicitor general, led me remind you under oath that there is no constitutional right in united states law, for same-sex marriage. so what change between 2009 -- assemble by that extension there would be no constitutional right to opposite sex marriage, right? >> to what kind of marriage? >> to a man and a woman getting married. if there's no coverage of it in the constitution that works both ways. >> well, it's a matter the states have always held the jurisdiction of that. and you know there's i think every reason to believe that that's the way it was intended. the founders expressly said in the 10th amendment if it's not in the constitution it is the purview of the states and that's where it should have been left. >> so when it comes to these social issues, if there are people who wish to make same sex marriage legal, wish to make abortion legal and they went through congress to do that and congress passed such laws you would then accept them as affirmative laws that are not otherwise spoken of in the con

and it points out nearly 62 percent of college grads correctly chose elena kagan as a supreme court thanks for joining us. have

>> kagan. >> she better get it right, she's a lawyer. >> lawrence warren pierce. >> you think he sounds supreme courty. >> judith. >> that's judge judy. >> reporter: but most people had no idea who she is. >> that's judge judy. >> okay. >> reporter: and if you answered um? >> um is not an answer. sit down. project to widen i-70 is under fire. why one group says it's a waste of money. and a live look at the high country this morning, where there's a lot of traffic heading up to the high country right now, c-dot reporting at a time taking about 30 extra the tunnel. this is a look at the ski report. ,, ,, ,, ,, >>> welcome back this saturday morning. the search is on for the driver involved in a hit-and-run that happened last night near federal and alameda. police say a white volkswagen hit someone and there is no description of the driver. >>> the broncos are hosting to new england patriots at 10:5 p.m. here on cbs 4 tomorrow. the broncos are underdogs with a 3-point spread but the pats don't have the best record in the mile high city, 0-2 in postseason games. coming up, how sports author

. >> justice kagan, if we could take this outside and the reason,reason, we ought to be able to agree that first amendment rights, i, have been pointed out there is a great federalism interest and also that this is an unconstitutional condition case. imagine the chief of police went up to pick up the sign. what he was trying to do was cross the street go into the building. he was going to his lawyers office. those are the exact same motivation. i don't think there is any way they would recognize such claim. transferred or demoted but otherwise not regimes that fill the gap. >> it is not in the record. available in the government website and exactly what you would expect.expect. if you are -- in employment action that is inequitable the 2nd thing is the attempt provision which was discussed. broader civil rights. >> if you agree the petitioner is entitled to relief. >> allegations are correct, yes. >> but your hypothetical about stopping the person from crossing the street, the individual is -- has no right to insist the government does not make a first amendment judgment about his act

elena kagan, lawrence warren pierce, john kerry, judith sheindlin."the correct answer is....(mos)she better get it right, she's a lawyer. many folks picked...(mos)he was actually a federal judge . (mos)the thing is, most people had no idea who judith sheindlin is.(mos)(nats - judge judy show)and if you answered "uhhhhh" to this multiple choice question... (nats - judge judy show)jeanne moos(nats - judge judy show) it's and you're watching cbs 2 thisisorning... morning...coming up next... next...the latest developments surrounding daily fantasy football -- and the states welcome back -- it's now we're your_______ one of the nation's largest health insurer is expecting big loses this year -- and is blaming the affordable care act. act.united h hlth says they expect to lose nearly a billion dollars over two years, and is thanking obama-care.the health insurance company says it already lost close to a half billion in 20-15, and expects to lose even more this year. they're blaming higher than expected claims from enrollees in obamacare exchange programs. united hlth says it's cons

the correct answer is -- >> elena kagan. >> reporter: she better get a right, she's a lawyer. >> lawrence pierce. >> no, that's judge judy. she is? >> who is that? >> judge judy. >> oh, really? >> you know who i am, right? >> judge judy. >> reporter: if you answered ahh, to this question -- >> um is not an answer. >> reporter: jeanne moos, new york. >> sit down. >> don't you love judge judy? >> she's got a little tude. >> what makes her great. >>> we have sunshine outside. if you want sunshine, take a step outside, enjoy it. because it won't stick around forever. days we are going to see sunshine before our next disturbance moves in. we're in this roller coaster. the nice thing is, aa least it's not five days of grayness. gray day, sunshine, and another gray day. you can see a mix of sun and clouds. it's so nice to see that sunshine compared to early on this morning. 42 here in denver. we're really close to our high temp, may warm a degree or two. winds are nice and watch -- calm. castle rock, 42. elizabeth now you are at 38 degrees. hourly planner shows temperatures warming into about th

elena kagan, lawrence warren pierce, john kerry, judith sheindlin." the correct answer is.... she better get it right, she's a lawyer. many folks picked... he was actually a the thing is, most people had no idea who judith sheindlin is. and if you answered "uhhhhh" to this multiple choice question... jeanne moos cnn new york choice question... a miami valet learned a hard lesson... maybe don't play around with someone else's four- hundred thousand dollar car. jeremy roth has the story --reporter pkg-as follows-- a miami valet had a very bad day at work when he took the keys to a $400,000 lamborghini... and it ended up in flames. posts on social media say the valet was revving the supercar's engine... when flames started shooting out the rear course, caught on camera and shared online.... including the valet's reaction. say goodbye to your tip, bruh. for seahawks fans, the first half of sunday's playoff game against the panthers... was like pulling teeth. that was literally the case for this young fan with a loose tooth. his dad tied a string from his tooth to a football-- and

and it points out nearly 62 percent of college grads correctly chose elena kagan as a supreme court justice. /// ((paul joncich)) > taking care (( they went through so much, its the least we can do.. )) ((denise valdez)) how one local man is making sure veterans get the help they need. /// who medically retired from the army after desert storm is giving back to other wounded warriors... in southern nevada. ((paul joncich)) kirsten joyce reports. ((kirsten joyce)) this week's acts of kindness recipient found a way to look after our wounded warriors and their families... with a special event called, " one hero at a time." you're looking at video of a special gathering to honor a wounded warrior.... rick hillis sot under vo... blaine sullivan is his name, he lost his leg in afghanistan to an ied...., ((kirsten joyce)) a graduate of cimmaron high school. sullivan returned home , and was recognized for his service, at this " one hero at a time" event... this past october... all the money raised from the event goes to blaine... and his family. rick it's quite a sum, but they're gong to be struggl

elena kagan, lawrence warren pierce, john kerry, judith sheindlin." the correct answer is.... (m) she better get it right, she's a lawyer. many folks picked... (mos) he was actually a federal judge . (mos) the thing is, most people had no idea who judith sheindlin is. (mos) (nats - judge judy show) and if you answered "uhhhhh" to this (ns - judge judy show) jeanne moos (nats - judge judy show) cnn new york (nats - judge judy show) jessica rae: scott: jessica and scott chat about judge judy jessica and scott chat about judge judy jessica and scott at about judge judy jessica and scott chat about judge judy jessica and scott chat about judge judy jessica and scott chat about judge judy scott:good wednesday morning siouxland. it's a cloudy start to temperatures are in the uppeteens to lower 20s. we have a south and southeast wind coming in near 10 miles per hour. going to the dayplanner, it looks like we're going to maintain clolo cover and reach an afternoon high near 30 degrees. temperatures are in the e per teens to lower 20s. we have a south and southeast wind coming in near

in terms of bringing people to the law school with the exceptions of hiring barack obama and elena kagan. sorry, tracey. upon graduating from the law school, professor meares served on the united states court of appeals for the 7th circuit and spent several years working for the department of justice. she then returned to the university of chicago law school as an assistant professor and then later served as a professor of law and director of the law school center for studies in criminal justice. then, several years ago in a moment of just awful judgment, professor meares headed to some place called new haven where she sadly remains pathetically to this day. during her distinguished career rooted deeply in this law school professor meares has worked extensively among other things with the federal government, from 2004 to 2011. for example, she served on the committee on law and justice, a standing committee of the national academy of sciences. in 2010 named by attorney general eric holder to sit on the science advisory board. and just last year president obama named her as a member of hi

i am writing a book about the concept of stockholm syndrome, when the elena kagan was in the confirmationcaptured by the of the seven, they are very concerned about the institutional reputation of the court and don't do it anything to damage it which is something i respect in the abstract. i think one thing that i don't know is likely that at least plausible in the next five years is they will start streaming the audio of the arguments live on the internet which i think would be a very good thing. they release the arguments audio at the end of the week which for journalistic purposes is useless. and so i think they will take certain baby steps but their view is if it ain't broke don't fix it. and not interested in fixing it. >> in my experience as a reporter, covering this, it really hurts the coverage, they stripped search electronic devices and they are sitting -- a lot of the seats, you can't even see the justices. you are frantically running everything down in longhand and when it is over, go outside and try the first person to tweet accurately about what happened but that does not le

>> that's a little bit different than i understand justice kagan's point of view. it doesn't specify -- hypothetical.y [laughter] >> to be sure i understand -- thehich honestly seems like same. >> i think the difference is, includes the fact that the judge finds no evidence to support as opposed to excuse me. if you had a situation -- and again, that's what the me make sure i'm limiting the answer to the situation where the state is depending on the death recommendation, which is the as we've saidses, in the brief. if the jury made a specific a specific o aggravator and, again, wouldn't be instructed on the aggravator unless there was sufficient evidence of it at the professional stage, but if the judge concluded this was insufficient evidence, never would have submitted to the probably act, that would not be permissible. analogies e two good in other areas of the law. the one that supports you is bobrie, force or threat of force. whether six members of the jury thought there was a threat or seven members thought there was actual or no threat. force.or threat of i

to find the big ideas for america's role in the world after the cold war. .ohn williamson, robert kagan and look at each of them and their lives and how their ideas influenced america's sensitive side. brian: if anybody wants to read "book party" on the web, how do they get their -- get there. carlos: you can go to the washington post.com. brian: carlos lozada, thank you for being here. carlos: thank you for having me. ♪ announcer: for free transcripts or to give us your comments about this program, visit us at q&a.org. programs are also available as c-span podcasts. announcer: on the next "washington journal," mike liles of the hill newspaper talks about the congressional agenda after the house councils all legislative work this week due to the recent snowstorm. and dan friedman with hearst newspapers talks about the president's executive actions on guns and what it means for the bureau of alcohol, tobacco and firearms. we will also take your calls in the for your comments on facebook and twitter. "washington journal" live everyday, 7:00 a.m. on c-span. announcer: monday night, craig t

too many of us assume that human progress just inevitably marches forward, but as robert kagan argues "in the world america made" the current liberal order will last only as long as those who built it retain the capacity to defend it. in the end, he says, the decision is in the hands of the americans. decline is a choice. i think that's right. it is in our hands. it depends on the choices we make. and for the sake of ourselves, our children, and those around the world, i pray that we are able to answer history's call in fulfilling the obligations that it has placed on the united states of america and do so in a way that will make us proud. thank you. [ applause ] >> thank you, mr. chairman. on behalf of the national press club i apologize for that earlier interruption. as i was escorting the protester out of the room, she did not show her national press club membership card, so i don't think she's a member of the club either. have several questions about russia. could you comment on the russian navy's growing presence in the mediterranean and overflights around our coasts and can we e

john williamson, robert kagan.nd look at each of them and their lives and how their ideas influenced america's sensitive side. brian: if anybody wants to read "book party" on the web, how do they get their -- get there. carlos: you can go to the washington post.com. brian: carlos lozada, thank you for being here. carlos: thank you for having me. ♪ announcer: for free transcripts or to give us your comments about this program, visit us at q&a.org. programs are also available as c-span podcasts. >> a new poll by cbs shows points different between hillary hunton and bernie sanders --.ted many stories take a look at a run considered by michael bloomberg. editors of the wall street journal note that he would not spend time or money in such an effort if he did not sense an what type ofreater candidate

special justification for overruling a 1977 precedent that's been around 40 years and, as justice kaganhousands of contracts affecting maybe ten million people have been in place because of that 1977 decision. >> woodruff: marcia, a fair amount has been written about whether this is going to have broader repercussions. did that come up in the argument? >> it tid. justice ginsburg said if this 1977 precedent falls, so, too, will the court's decisions upholding similar required fees, for example, that lawyers pay in mandatory bar associations and even student activity fees paid in public universities. but there is a disagreement wean the two sides over the impact. the teachers challenging the fees, their lawyers say, no, unions will continue to go on, there are 25 states that don't have agency shop fees and their unions continue to exist and thrive. the other side, the unions say, no, this is a major blow. we used this money to do things like train teachers, train firefighters in other types of unions, provide equipment that maybe counties and local governments cnd afford. so they see thi