justice kagan: but, if i understand what you're saying, mr. stewart, you're essentially saying we should uphold the statute on the basis of various commitments that the government is now making to apply this statute to only a small subset of the things that it could apply to, if you look at it on its face as to just the words used. and -- and that's a strange thing for us to do, isn't it, to basically, you know, take your commitment that, look, these are very broad words, but we're going to pretend that they say something much narrower than they do? mr. stewart: well, i think even up to this point, the core of the provision as the pto has applied it has been profane, vulgar, vulgar words, sexually explicit images, offensive excretory references, things that were regarded as offensive. justice ginsburg: how can -- how can one say that when many of these marks have been refused registration on dual grounds, and one ground is that they're scandalous and the other ground is that they resemble a mark that is already registered, so if the mark is al

. >> two points justice kagan it is correct the complaint repeatedly alleges in paragraph three and eight and 53 that this is the case about the distribution market. it is always the case about the distribution market and it is because there is no good-faith allocation that apple monopolizes the apps as software it is simply the pipeline the sale of the app that is described as distribution or as the aftermarket which is simply limiting that to the ios apps. >> there's a lot of words in this case that i tend to have trouble understanding one is the two-sided market so i go by simple analogy if bill buys from the monopolist he is a direct purchaser if bill buys from sam who is a monopolist he is the indirect purchaser anyone can understand that. so i think of this as jargon so suppose is united fruit company i have a great idea. here is what you do. so you buy from the farmers and pay what you pay the banana farmers is a very low price plus a 30 percent commission then you sell to banana consumers throughout the world charge that 30 percent commission which they say is a higher price then

i voted for soto mayor and kagan but because they were qualified and watch the distraction of someonee known for 20 years that was out and out of a character assassination. brett kavanaugh is a good man and they hate trump so much that it was a breaking point for me for i didn't want to deal with this crap anymore perk i would never do that was soto mayor or justice kagan. he has cut taxes and the enemies are on notice. i just like what he does. i got to know him personally. we still have some differences but getting to play golf with him to understand who he is. jesse: you said that was a breaking point in that kavanaugh hearing. that wasn't planned. that was spontaneous? . >> this is the most unethical sham and to someone who knows the truth. this will destroy the ability of people to come forward because of this crap. . >> how do you put yourself against an accusation and everybody said i don't know what you are talking about? it is frustrating when all the rules went out the door. i know brett and his family. and to have nothing to hide. and i spoke for a lot of people. >> and the

we see him consistently kicked up stairs and maintain influence in both parties figures like robert kagan who initiated the project for a new american century henry kissinger who had both hillary clinton and nikki haley these figures are still revered in washington and zbigniew brzezinski elite abrams really hated the man and we have a date at this very top we have john bolton all right gentlemen we're going to go to a short break and after that short break we'll continue our discussion of american foreign policy stay with r.p. . the news in the in the. on the order. to. not. only your ego to. just move for you. what politicians do something to. put themselves on the line to get accepted or rejected. so when you want to be president. or somehow want to be. the two going to be cross it's like the full story in the morning can't be good. i'm interested always in the waters of our. first sitting. position folks go through a period of sort of full scale the fifty first bloody. well somebody would believe that it was and i go to the well misnomer. because it's appeals to all of the good of tha

we see him consistently kicked up stairs and maintain influence in both parties figures like robert kagan who initiated the project for a new american century henry kissinger who advised both hillary clinton and nikki haley these figures are still revered in washington and zbigniew brzezinski elite abrams elitism and we have this very top we have john bolton all right gentlemen we're going to go to a short break and after that short break we'll continue our discussion of american foreign policy stay with r.p. . most people think just stand out in this business you need to be the first one on top of the story or the person with the loudest voice of the biggest raid in truth to stand the news business you just need as the right questions to the right answer . question. this is a sticker from the water bottle found in the stomach of a fish the brand is part of the coca-cola company which sells millions of bottles of soda every day the idea was that let's tell consumers there are the bad ones there are the litter bugs are throwing this away industry should be blamed for all this waste the com

we see him consistently kicked up stairs and maintain influence in both parties figures like robert kagan who initiated the project for a new american century henry kissinger who advised both hillary clinton and nikki haley these figures are still revered in washington and zbigniew brzezinski elite a . man and we have a date at this very top we have john bolton all right gentlemen we're going to go to a short break and after that short break we'll continue our discussion of american foreign policy stay with r.p. . it has nothing to do with the propaganda that the daily mail pushing but when you have a population that might be susceptible the propaganda they can easily be manipulated into thinking that fracking is something other than what it is it's not economically viable it costs more to frack then then then you make a profit it's cash flow negative it's also environmentally negative you destroy the environment incredibly. during the grid to pretty. old enough to remember that it was most of the family were employed. there wasn't it was bit much worse objectively today but there was an

we see him consistently kicked up stairs and maintain influence in both parties figures like robert kagan who initiated the project for a new american century henry kissinger who advised both hillary clinton and nikki haley these figures are still revered in washington and zbigniew brzezinski. and we have a date at this very top we have john bolton all right gentlemen we're going to go to a short break and after that short break we'll continue our discussion of american foreign policy stay with r.p. . oh. they can come and blow our brains out at any given time and we can't really do anything actually america is the only country in the world where you can kill people out of war and legally get away with. all the fire crawls still birria all the trouble here is very frail the point is it's hollow flying to k.k.k. exists because america wants it to exist they are the biggest terrorist group to ever operate in this country and they're dead to me they're worse off than the people who destroyed the world trade centers of the scroll why. is this is a stick for the water bottle found in the stoma

justice kagan: are you suggesting that if the eeoc did resolve these kinds of claims, that there would be a different answer? mr. melkonian: i -- i'm not saying that if it resolved it in the way of a normal exhaustion requirement, the way we were talking about in woodford v. ngo, but what i'm saying is that if you designed an eeoc structure that looked like thunder basin or elgin, so that where, you know, you get counsel, you go to the court -- you go to an administrative agency, there's no district court jurisdiction at all at the first instance, then you get a judicial administrative record, you go up to court of appeal. congress could do that, if they wanted, but they haven't chosen to do that. justice kagan: well, i guess what i'm asking is suppose that everything in this statutory structure is exactly the same, except that the eeoc had actually been given the ability to resolve claims rather than simply to assist in the mediation of claims. mr. melkonian: right. and i think the case comes out the same way, because then i think it looks still like just an exhaustion requirement, no

justice kagan: ms. cakmis, do -- do you agree that there is no mens rea element attached to the jurisdictional element? ms. cakmis: yes, your honor. justice kagan: and so what is the difference between the two? ms. cakmis: this court has carved out a very narrow exception for jurisdiction, because that relates only to the power of the congress to legislate, whereas, in our instance, we're talking about a substantive fact, something that criminalizes otherwise innocent conduct, something that goes to the defendant's culpability. justice alito: but isn't the -- the theory behind the conclusion that there's no mens rea element for a -- no mens requirement for a jurisdictional element, the -- the inference that this is not the kind of element for which congress wanted to have a mental element? it's an inference about congressional intent. would you agree to that? ms. cakmis: no, your honor, i would respectfully submit it is an exception carved out by the court. justice alito: yeah, and what is the basis for

government so it's interior minister mr kagan that was there violence he couldn't really perform didn't you want to disturb ish doing politics without strongly every day was a question about so very next now our snap elections in the meantime where does this weave the freedom party in austria. it is already i would say they expected to have 23 percent next week and sunday n.z. european elections no i think they were for under 20 percent less attention has rebuilt this party beach lost sleep in the beginning to sauza its 2004 again and it took him 14 years to establish a party bridges not so very rightly extreme as it has been powerfully in. austria now when years go on nobody is to be seen who can really replace in ins of way he did it integrating different points of views of different angles of this party so they really use the importance of add and and be have to see what the outcome of these civil actions but before we will see what will be the outcome in austria of the elections for europe plus pompous in vienna for us thank you so much klaus. this is a candle in austria has oversha

justice kagan, justice breyer, and justice gorsuch. let us go to our next high school student. he will talk to ian from washington. good morning. caller: good morning. can i give a shout out to my teacher? host: go ahead. caller: a shout out to mr. buhl for being an awesome ap gov teacher and a shout out to the couple of students watching this. guest: early. host: do you have a question or do you want a study question? caller: i have a question. what is the most important thing about interest groups that we need to know? guest: one of my favorite topics because they become more important, and they should be they are protected by the first , amendment. unlike political parties who want to win elections, interest groups want to win issues. they find those issues that their membership is most concerned about, and it might be bipartisan. interest groups support democrats and republicans , the same group because they want to find access into the game. they want public policy access. many times, they often write the public policy. laws often times are first written by interest groups

justice kagan: do you think wisconsin could do that? suppose, at the time you went in to get your driver's license, you had to sign something and it said, i'm -- i'm -- i'm agreeing that if i'm ever found unconscious, you know, i'm giving my consent now. r. hinkel: yes, i think that's a harder question. it's -- once we have knowledge and -- and some course of action that has been deemed to trigger a search, then it gets -- it starts to look more like what we commonsensically would think of as consent. you know, you knew this was going to happen if you did this; you did this. the problem with that analysis, though, is that, again, it opens -- it opens the world up in terms of what the state can -- the conditions that the state can put on different activities. and i think that's why this court, when it's been invited to call sort of notice and then action regimes consent, has declined -- declined the request to do so. in the probation cases, both of those parolees or probationers had actually signed documents saying, i consent to this sea

he tweeted, "you better do more than 60 kagan out where.ng from 500k an hour or 8300 a minute." try to just say he represents a serious throat. >> he is missing no tricks, this will be a tough state for the president to hold. a president who predicts unflattering front pages of the republican loses. >> they will say president trump came to pennsylvania and he went back home. a loser. i never want to be called a loser. >> a big part of joe biden's pitch is to prepare relationships with allies and stand up to man. one dictator is unfazed and that is kim jong un, the report they are: candidate a "fool of low iq." >> bret: peter doocy, thank you. next up impeachment talk on capitol hill heats up, plus the latest on dealing with china. we will have the panel when we come back. ♪ with a terrain management system for... this. a bash plate for... that. an electronic locking rear differential for... yeah... this. heading to the supermarket? get any truck. heading out here? get the ford ranger. the only adventure gear built ford tough. the latest ini

so when justice kagan asked the question or i do, you mentioned page 148.and so far an answer to her question or to mine, if you could give me a few things to read to show that he did consider it, to show that he did give a reason cover rejected, that would be helpful to me. sorry, go back to you. >> your honor, if you look at secretary ross's decision memo, the decision memo and the petitioner's appendix, i would look to a couple of things. first of all, i would look to his discussion on pages 550 5a, with the problems with administrative records. the bureau is still evolving its use of administrative records and the bureau does not yet have complete administrative records data set for the entire population and that points out why he preferred asking the question and getting actual answers from 22.2 million people at 90% accuracy. because you simply didn't have administrative records for 35 million people, and the bureau had not yet figured out how to do that estimation. he then goes on to say on that same page, more than 10% of the american population, so

we go back to the presumption that justice kagan spoke about. if you think i committed a crime before you can invade my privatety. you say there was none here, and now you're talking about implied consent that is not really consent in my mind. >> if you don't believe it is consent, it is stl a reasonabil reasonable condition of driving. >> but how can it be reasonable when you don't know that invasion is necessarily part of the law? you know that not driving intoxicated should be part of the law. why would you know than vt invag your blood is? >> i think it is reasonable to expect that they have had inplied cinpl implied consent laws for decades. i think it is reasonable -- >> but that is -- but it's not consent. no matter how much you can it implied or presumed, it is typical of the nonresident motor vehicle statutes. if you drive on our road, there is an agent, in time we dime appreciate that that is not genuine. it doesn't mean you can't drive on our roads, you have to answer for damages you cause, but we don't use a presumed consent any more

. >> narrator: with democrats back in control, barack obama appointed sonia sotomayor and elena kaganll, many republicans are asking if she's the right person for the job... >> narrator: through it all, mcconnell had been climbing to power inside the senate. majority whip. republican leader. and finally, majority leader. >>here's nobody who's more focused on political conquest than he is. there may not have been anybody who has spent his entire life knows more than everybody else. it was how much he could win and how much power he could achieve. >> narrator: mcconnell had real power, and still holding on to a that grievanut what happened to robert bork, he waited for the right ment to use it. >> this is cnn breaking news... >> breaking news just in to us here at cnn. uned states supreme court justice antonin scalia has died. >> scalia is found dead in his, in his bed one day. and what to do in this... in this moment of crisis becomes probably the defining moment of, of mitch mcconnell's career. >> ...and breaking news, u.s. supreme court justice antonin... >> narrator: mcconnell immed

particularly justice kag kagan sotomayor.care as much about the motivation. they cared about secretary ross' discretion in this area. justice cavanaugh said, doesn't he have wide discretion and chief justice john roberts said the voting rights act, this information is necessary, isn't it? so if those five conservatives don't care so much about the motivation behind this, and they are just focussing on secretary ross' discretion, they may not, at the end of the day, care about this. but it certainly causes a blinkle in a case that's already been argued and probably will be decided by the end of june. >> ariane de vogue. you can follow me @jaketapper. >>> our coverage continues on cnn. thanks for watching. >>> happening now -- boiling over. president trump unleashes a torent of insults and outright lies as he boils over with rage against special counsel robert mueller and his investigation. he may be really worried about impeachment which he calls a, quote, dirty, disgusting, filthy word. blaming bob, the attorney general, will

trevor: in 2012, my mom, karen kagan-jones, passed away from breast cancer. [ soft piano plays ] ♪ this, she slobbers. man: ohh. karen: love my kids. ♪ this ain't just lizzie ♪ man: hold it up. trevor: her greatest mission was to help others. lemonis: not only does the video tell the story, and not only will it resonate with people, but trevor really has come to grips with the reality of why they started the business. he's able to not shy away from it. look, i still think trevor is still getting used to the brand direction, and we saw that a little bit at printed village, but on an emotional level, he's made a ton of progress, and that's good for business. that's really nice. trevor: thank you. travis: he produced the song. lemonis: you wrote that? trevor: i wrote it. i played guitar, sang. it makes me feel so good. i-i-it's crazy, we feel so inspired again to -- to share with people about these causes that we care about. lemonis: the reality of it is that the reason your business was good is 'cause people like the story. you had to fall in love with the story again yourself. brad: this

guest: justice kagan and justice breyer signed these, and she added the note, read this well.ou have been reading well, the federalist papers in the constitution. host: stay on the line so we can get your contact information, ok. caller: thank you. host: alright, let us take another caller. let us go to grace from ohio. good morning. can you hear me? caller: yes i can, can you hear me? host: i can, do you have a question. caller: i would like to shout out mr. shannon, and my question is how do iron triangles create -- relate to that current state of bureaucracy. guest: first of all, another call from ohio. goes cram4theso exam. an ironso your 11 for triangle question. no better place to look at iron triangles and food regulation. -- mr. larsonrson makes fun of me because of my examples. there was a recent news story about food regulation involving the regulation of cherry pies. and the idea that the food and drug administration, which has bureaucratic discretion over food regulations have said that they will change a 1977 standard that said that every cherry pie, or frozen che

i will disagree with that, and in explaining it, i think i can answer the second part of justice kagan's question. the harm to the consumers here is that they have to pay higher prices for apps, and the reason they have to pay higher prices for apps is because apple controls the pipeline that connects app makers and iphone users, and the way they exploit that pipeline through their allegedly monopoly is by charging that 30% commission. so, the only reason consumers are harmed here in the form of paying higher prices is because the app makers decide to increase their prices in order to recoup that. the reason why this makes it different than your hypothetical of bill buys from sam and you have transactional proximity is because the question isn't proximity between the parties who are transacting with one another, but proximity between the antitrust violation and the harm to consumers in the form of higher prices. >> i wouldn't have thought that was the antitrust violation. i would have thought the antitrust violation is having enormous market power, achieved by not patents or skill force,

kagan is in annapolis, maryland, a parent. good morning. caller: hi there.arents are also educators, so this is interesting to me. there --n is, so -- is are there lessons we are not learning from examining these programs? what i mean is, like, are there things that might occur when --iewing them that are just i don't know how exactly to say this, but that we are incapable of noticing, or just that are too unpalatable to act on? guest: all of these programs that we look at, particularly the long trends from the federal government, are complicated. they are very heterogenous in the way they are used across districts. there has been a lot of work trying to uncover which ones are working and which are not. when it comes down to making decisions about these programs, we often find ourselves in a morass, where some people like the program, regardless of what we find, and others don't. so we have to deal with the politics. host: why not you get a drink of water as we take one more call from lauren in gaithersburg, maryland, a parent. good morning. caller: good mor

including the one we have done with c-span, landmark cases and new videos with justices case gig -- kaganorsuch. launchingure we are in september is called constitutional exchanges and it classrooms across the country so kids in philadelphia -- and it links classrooms across the country so kids in ella delta 10 talk with kids in california, moderated about a master judge or teacher. it -- it is a discussion that brings together the republican and democratic lines. these are just students from different parts of the country learning about the constitution and figuring out what it means. finally those podcasts where every week i have the honor of calling up top liberal -- liberal and conservative scholars to talk about the top issues. in constitutional, not political terms. we don't ask what the government should do but what the constitution allows it or prevents it from doing. can't have an informed opinion until i hear from both arguments and i hope listeners are learning as much as i am. it is an amazing opportunity to be a lifelong learner. host: plenty of callers waiting to talk to you