and new york democratic congresswoman caroline maloney says she will not run for the senate next year. maloney had considered challenging incumbent kirsten gillibrand who was appointed when hillary clinton became secretary of state. democratic leaders, including president obama, have tried to discourage potential challengers to gillibrand. a powerful democrat who resisted efforts to make public records about sweetheart loan deals for colleagues apparently got one himself. and what's next for the taliban after the depghts of one of its top leaders? introducing new tums dual action. this tums goes to work in seconds and lasts for hours. all day or night. new tums dual action. bring it on. a tornado hits, air life denver takes off... their night-vision goggles keeping the rescue mission safe... and powering those goggles-- the only battery air life trusts: duracell. trusted everywhere. chris: one of p america's and pakistan's most wanted is assumed dead and taliban leaders are looking for a replacement. national security correspondent jennifer griffin reports on the apparent end of the l

-- like ricci and maloney.judge sotomayor did not dispel my concerns. her sworn testimony was evasive, lacking in substance and in several instances, incredibly misleading. her december bling was widening noticed. indeed, in an editorial, "the washington post" criticized judge sotomayor's testimony about her wise la teen la teen astatement. here's what the post said. "judge sotomayor's attempts to explain away and distance herself from that statement were unconvincing and, at times, uncomfortably close to disen disingenuous, especial when she argued that her reason for raising questions about gender or race was to warn against injecting personal biases into the judicial process. her repeated and lengthy speeches on the matter do not support that interpretation." until now, judge sotomayor has been operating under the restraining influence of a higher authority, the supreme court. if confirmed, there would be no such restraint that would prevent judge sotomayor from, to paraphrase president obama, deciding cases

maloney vs.uomo, a second amendment case, another decision of judge sotomayor that troubles my impression of her ability to separate her own beliefs from that of the letter of the law. and it was just decided this year. so recently in fact that it has not even had a chance to be reviewed by the supreme court of the united states. not to rehash the facts of the case in too much detail, but maloney vs. cuomo, judge sotomayor was faced with determining whether an individual right -- in this case, the right to bear arms -- could be also enforced against a state. she decided that the maloney case, after the historic heller decision, specifically concluded without any explanation that the right to bear arms is in fact not a fundamental right, a conclusion that no other court has ever reached. as a matter of fact, i cosigned an amicus brief which supported the argument that the right to bear arms were a fundamental right and one that could not be taken away by government without the highest standard of

destefano, maloney, and other cases. she was also asked about how she views precedent and how she applies it in cases before her. unfortunately, i wasn't satisfied with judge sonia sotomayor f. responses about her case is a general understanding of rights under the constitution. moreover, i wasn't assured of judge sonia sotomayor would disregard her strong personal sympathies and prejudices when ruling on hard cases dealing with the important constitutional issues. for example, i was not persuaded by judge sonia sotomayor's claim that she followed precedent in ricci v. destefano, nor her explanation as to why she could dismiss such a significant case with absolutely no legal analysis. i was concerned with judge sonia sotomayor's explanation of her decision in maloney, holding that the second amendment is not fundamental, and her refusal at the hearing to a firm that americans have a right of self-defense. if maloney is upheld by the supreme court, the second amendment will not apply against state and local governments, t

behind the headlines: democratic congresswoman carolyn maloney makes the case for paid family leave. [ ♪music ] >> bonnie: hello, i'm bonnie erbÉ. welcome to "to the contrary," a discussion of news and social trends from diverse perspectives. up first, the beer summit: the future of race relations in america. will president obama's meeting with harvard professor henry louis gates, jr. and sergeant james crowley at the white house close yet another chapter of tense race relations or rekindle the flames? the meeting gave the president a chance to make further amends for saying: >> the cambridge police acted stupidly. >> bonnie: although both parties agreed to the meeting, leading up to it gates continued to say he was a victim of raraal profiling, and crowley said he was not going to apologize for doing his job. meanwhile a new poll finds more americans disapprove of the president's initial response to gates' arrest. so is this the end of the dust up or the beginning, irene natividad? >> let's get real. this is one person's solution to a person faux pas. but that said, i think this is

heller, maloney v. cuomo, another was argued and in pro-consumer opinioin the opinion theysaid te federal government seeks to impose and they said "legislative acts that do not interfere with fundamental rights or single out suspect classifications carry a strong constitutionality and must be held if related to state interest." in other words, the second amendment does not protect the fundamental right. i believe the second amendment protects the fundamental right just as the first amendment protects the fundamental right. the supreme court agrees it protects a fundamental right and the founders believed there's a fundamental right to keep and bear arms. in a high profile racial discrimination case judge sotomayor's panel issued an unpublished summary order denying a group of firefighters the promotion they earned because the promotion exam has a disparate impact on minorities. judge sotomayor and the colleagues' actions were troubling because but issuing pun published order they avoided bringing the ca

if maloney is upheld, the second amendment would not apply against governments. i was troubled with her failure to understand that her decision does not a program expand to seize property, and in her discussion of landmark supreme court cases, her own decision on the second circuit did not convince me she understands the rights given to americans under the constitution, or will refrain from expanding those rights based on personal preferences. nor was i persuaded that the judge will not allow those personal preference is to steer her judicial methods and outcomes of cases. judge souter at his confirmation hearing, speaking about filling vacuums in the law, this is something i brought up with her. that concept worries me, because courts should never fill voids in the holes left by congress. judge souter's decisions demonstrate he does believe that courts do indeed fill vacuums and along a wall -- in the law, and in the only case of voting for a supreme court judge, i have regretted my vote to confirm and ever since. so i asked several nominees about courts filling

. >> i believe her view as expressed in her panels, maloney versus cuomo opinion of whether the secondmmendement applies against state and local governments, is too narrow and contrary to the founders intent. but the confirmation process is not the proper place to relitigate this question nor is judge sotomayor's judicial record on this issue, outside the mainstream. >> reporter: but sotomayor's republican opponents, including richard burr of north carolina, said her ruling in that very case cast doubt on her promises to adhere to settled law. >> i believe that she bent the constitution when she ruled in the maloney case that the right, the right to bear arms was not a fundamental right of the american people. >> reporter: on the opposite side of the aisle, democratic women took to the floor to herald the prospect of the nation's third female supreme court justice. >> she's been clear with me, with the judiciary committee and the american people, that her own biases and personal opinions never play a role in deciding cases. more importantly, her seventeen years on the bench stand as a

newshouspecial correspondent son maloney was there this sprg, just as a new international peacekeeng effort was getting undeway. he accompanied the uned tions' chief of mission ther on a tour of u.n.ases in north vu province. >> reporte in the eastern part of the democratic republic of the congo, unid nations peacekeepers are fang fresh challenges to their 10-year miion here. how sosecure mims of people as fighting has to secure miions of people as fighting has flared up in recent nths. over five million have died as a result of this couctueled by rivalries. as ma as35,000 in the last month alone. the u. has in fact come under intense criticm for failing to adequately respond to the latt wave of violence agnst civilns, something that is at the re of its mandate here. >> our first challenge i protection. protection of civilian populations. and that's a hug challenge beuse of the size and complexity the country -- this area alone,here we're focusing right now is the se of california. >> ala doss is the u.n. ssion chief in congo under presre to address the deriorating security situation

her view in her panels maloney v. cuomo opinion is too narrow and contrary to the founder's intent. i know that there is significant and well-reasoned disagreement among the nation's appellate courts on this issue. in other words, not out of the mainstream. on this issue i accept the idea that reasonable people may differ. this debate raises critical and difficult issues regarding the role of federalism in the application of fundamental constitutional rights. but the confirmation process is not the proper place to relitigate this question nor is judge sotomayor's judicial record on this issue outside the mainstream. i believe that her statements on the role of international law and american jurisprudence reflect the view that is too expansive. yet her judicial record indicates that in practice she has given only limited, if any weight, to foreign court decisions. now, for example, in cr craellv.croll, involving the hague convention on international child abduction, judge sotomayor wrote a dissenting opinion which she held that the courts of the foreign nations interpreting the same

a footnote, jason maloney's report is part of the pulitzer center on crisis reporting's "fragile states" project, a partnership with the bureau of international reporting. you can find more information about both at newshour.pbs.org. >> lehrer: and finally tonight, the legacy of eunice kennedy shriver. judy woodruff begins with some background on her life. >> eunice kennedy shriver was the fifth of nine kennedy children, and growing up in that prominent family was often overshadowed by her brothers -- joe, john, bobby and ted, but it was her older sister, rosemary, who inspired her life's work. rosemary was born, as described in those days, mildly retarded, and at age 23 under a lobotomy which made her worse off. she was institutionalized for the rest of her life. jim shriver, one of eunice's five children spoke with our ray suarez in 2006. >> she tells wonderful stories about in her teenage years dealing with her sister in a very competitive family where one was expected to come back with a first-place finish in a sailboat race, and going out with rosemary and realizing right there and

congresswoman carolyn maloney is on with us tonight to talk about how you can keep that money and to to date on exactly what they're doing. so many arthritis pain relievers -- i just want fewer pills and relief that lasts all day. take 2 extra strength tylenol every 4 to 6 hours?!? taking 8 pills a day... and if i take it for 10 days -- that's 80 pills. just 2 aleve can last all day. perfect. choose aleve and you can be taking four times... fewer pills than extra strength tylenol. just 2 aleve have the strength to relieve arthritis pain all day. (announcer) transform your water. women who drink crystal light drink 20% more water. crystal light. make a delicious change. >>> want did know what you think. will no public option mean loss of support for president obama? that's our text question tonight. "a" for yes, "b" for no, to 622639. >>> still ahead, liberal democrats are already planning a revolt if the public option is scrapped. i'll put that to our panel coming up. if you're using other moisturizing body washes, you might as well be. you see, their moisturizer sits on top of skin,

her view in her panels maloney v. cuomo opinion is too narrow and contrary to the founder's intent. i know that there is significant and well-reasoned disagreement among the nation's appellate courts on this issue. in other words, not out of the mainstream. on this issue i accept the idea that reasonable people may differ. this debate raises critical and difficult issues regarding the role of federalism in the application of fundamental constitutional rights. but the confirmation process is not the proper place to relitigate this question nor is judge sotomayor's judicial record on this issue outside the mainstream. i believe that her statements on the role of international law and american jurisprudence reflect the view that is too expansive. yet her judicial record indicates that in practice she has given only limited, if any weight, to foreign court decisions. now, for example, in cr craellv.croll, involving the hague convention on international child abduction, judge sotomayor wrote a dissenting opinion which she held that the courts of the foreign nations interpreting the same

>> well, maloney wants some kind of -- maloney wants some way to warn people ahead of time.at they know that you're overdrafting. that's the problem, you go ahead, spend the money, you may not be aware you're overdrafting, you could easily build up hundreds of dollars in fees that would be avoidable, perhaps, if you knew what the problem was. >> very good. gerri willis, thank you. >> my pleasure. >>> turning children into walking bombs. we're inside pakistan with a group of boys who say they were kidnapped and trained to kill. >>> children kidnapped, beaten and then brain washed by the taliban and stan grant talks to a group of boys in pakistan to see they're victims of a recruiting program. >> reporter: pakistan's military says these are the lost souls of the pakistan's terror. the boys told me they were stolen from their families, abused and beaten by the taliban. the first day they beat us, and then they made us exercise. they made us run and told us you will wage jihad. they told us that the army is against the koran and wage jihad against them. the pakistan military gav

city of chicago, they ruled the same as the second circuit in maloney. judges easterbrook and posner refused to ignore the direction from the supreme court, implement supreme court holdings even if the reasoning in later opinions undermines the rationale and said lead to the supreme court the prerogative of overruling its own decisions. what i'm saying is be conservative judges, liberal judges, moderate judges, moderates like judge sotomayor all came to the same conclusion. follow precedent. it may sound lik -- it may sound like i'm doing a tutorial for a law school class. i thought rather than having the rhetoric, let's go to the facts and let's go to the law. because both the facts and the law are unrefutable. and i asked judge sotomayor during her hearing whether not bound by the second circuit or supreme court precedent on whether second amendment rights should be -- be considered fundamental rights, keep in mind -- keep an open mind and evaluate that question. her response to me was straightforward. she asked me whether i have an open mind on that q

the ricci case and maloney versus cuomo, the second circuit's most recent 2nd amendment case.n both of these cases judge sotomayor simply follow the supreme court's own maxim that it is the courts, the supreme court's praga tick alone to overrule one of its precedence. when the three-judge panel in ricci affirmed the district court's decision, it was simply following existing title vii lot. when the three-judge panel in the maloney case said that the second amendment does not apply to the states, it was simply following a 120-year-old supreme court precedent that said exactly that. moreover a three-judge panel on the seventh circuit that included two of the most prominent conservative judges in the country, frank easterbrook and richard posner, reached the same exact conclusion unanimously. judge sonia sotomayor is a judge that follows and respects precedent. she is a judge that does not make new law. in fact, it seems that judge sotomayor's worst sin in this whole process is her straightforward observation that her life experiences shape who we are and what we do. this is not

i listened to her testimony on the maloney case. most of the criticism of her on this issue has focused on that case. but in that case she came to the exact same conclusion as the three-judge panel of the seventh circuit based in my home state of illinois which featured two of our most conservative icons on the federal bench, frank easterbrook and frank posner. they concluded the supreme court not appellate courts can overrule century-old presidents on the second amendment of the right to bare arms. i know senate allies do not like that ruling. they want judge sotomayor to do what the ninth circuit and overrule precedent. but judge sotomayor did what she should do and followed the law. the sotomayor nomination is the third supreme court nomination i voted in 12 1/2 years i served on the senate because the stakes are so high, i believe supreme court nominees carry the burden of proof when they come before the senate. they must prove they are worthy of a lifetime appointment to the highest court in the land. judge sotomayor has met an

. >> reporter: that citizen monitoring is done by george maloney. he learned this week, lehigh has agreed to voluntarily reduce mercury conditions. >> under the terms of the consent decree, lehigh will reduce mercury emissions from 400 pounds a year to 86 pounds. >> i think they want to do the right thing. they also see that the federal regulations will be coming down the line. and we were able to work with them to get this online, one year ahead of schedule, which is great for the environment. >>> mercury pollution begins. and mercury vapors escape into the air. it eventually falls back and is washed into waterways where it moves downstream and into reservoirs and lakes. once contained, the mercury is absorbed by fish. and the mercury and medical problems it can cause moves into a new host. >> and 10 species of fish in maryland right now, have consumption advisories because of the levels. >> reporter: lehigh plans to capture most of it and recycle it and traffic in cement. >> if they do that, that sounds like a good idea to me. >> reporter: sparing

the decision in maloney was conservative in a judicial sense. it approaches with caution in a newly minted and nearly enacted constitutional right whose extension to the states would upset generations of practice and experience by sovereign states regulating guns. a seventh circuit panel with two very prominent conservative judges on and correctly did exactly the same thing. in ninth circuit panel raised a different conclusion and then that decision was vacated by the circuit to reconsider that case in bank. brennan engaging in a serious inquiry into the witness for the supreme court many of my republican colleagues have made this nomination into a referendum on whether the newly minted individual right to bear arms to be incorporated against the states for the first time in the nation's history very this is doubly unfair. first judge sotomayor could not answer questions at her hearing that would suggest how she would ruin in later cases. that is inappropriate. second it is inappropriate to try to force on a giant a particular political view us

congresswoman carolyn maloney will be here later this evening. >>> and it's of course a reality checkon afghanistan. the war nobody's talking about. secretary gates is giving us i think some bush talk. and our commander in chief is sending thousands more troops over to afghanistan? with no date and no end date in sight? i want to know what makes them think that they can win this one. three-star admiral

democratic new york congressman carolyn maloney has decided not to run for the senate.challenge kristen gillibrand in 2010. and mel martinez of florida is resigning. senator martinez had already announced he wouldn't be running for re-election in 2010. and the first lady of south carolina, jenny sanford, is moving out of the governor's mansion for the school year and taking her sons with her. mrs. sanford says she's headed home to live in charleston and will continue to work on her marriage to governor mark sanford, who of course admitted an affair. >>> democratic leaders originally encouraged members of congress to hold town halls during the summer break, but was that a mistake? listen what happened last night during john dingell's town hall. congressman dingell released this statement today, saying, quote, i'm sorry for those who came wanting sincerely to know more about the bill but whose voices could not be heard over the protesters. as long as i have a vote,ly not let shouting, intimidation or misinformation deter me from fighting for this cause. let's bring in rep

based on her decision in the maloney case, judge sonia sotomayor, apparently does not believe that thesecond amendment right to keep and bear arms is an individual right. indeed, she held, in that case, that the second amendment did not apply to the state and local jurisdictions that might impose restrictions on the right to keep and bear arms. based on her decision in the port chester case, she does not believe that the taking calls of but that the amendment does not support private property. i am very concerned when the government's power to condemn property for a private purpose conflicts with the stated intention of the framers of the constitution that the right of condemnation of private property only extends to public uses and then, and only then, when just compensation is paid. and based÷b upon her compensatn in the -- and based upon her decision in a firefighter case, which calls into question equal treatment what applies to our jobs or promotions without regard to the color our skin. in that case, because of her failure to acknowledge the seriousness and novelty of the claims

i appreciated senator durbin's discussion of the maloney case as i agree with the hellor case but the heller case specifically left open the case that judge sotomayor was confronted with in the maloney case, and, in fact, the decision that she and her colleagues came to was the same decision that that three-judge panel on the seventh circuit came to which conclude judge eastabrook and the law professor at the university of chicago who was there when i was there and they are not rabid liberals and i'm just wondering if people would be using that same case against them if they were before us today as was used against judge sotomayor. judge sotomayor also handed out longer jail sentences than her colleagues sass a district court judge and sentenced white collar criminals to six months in prison 48% of the time whereas her other colleagues did so 34%ves time and in drug cases 85.5% of convicted drug offenders received a prison sentence of at least six months from judge sotomayor compared with only 79% in her colleagues' case. the nominee was questioned repeatedly about issues ranging from

the decision in maloney was also properly conservative in a judicial sense. it approaches with caution a newly minted and narrowly enacted constitutional right. with a extension to the states, would upset generations of practice and experience by sovereign states regulating guns within their borders. a seventh circuit panel with two very prominent conservative judges on it, correctly did exactly the same thing. a ninth circuit panel reached a different conclusion and that decision was vacated by the circuit to reconsider that case. rather than beijing in the serious assessment of her fitness for the supreme court many of my republican colleagues have made this into a referendum on whether or not the newly minted individual right to bear arms should be incorporated against the state for the first time in our nation's history. this is doubly unfair. first, judge sonia sotomayor could not answer questions at her hearing that would suggest how she would rule in later case and. that is inappropriate. it is inappropriate to try to force on a judge a particular poli

her view in her panels maloney v. cuomo opinion is too narrow and contrary to the founder's intent. know that there is significant and well-reasoned disagreement among the nation's appellate courts on this issue. in other words, not out of the mainstream. on this issue i accept the idea that reasonable people may differ. this debate@@@@@@@@@ s@ @ @ @ @t regarding the role in the application of fundamental constitutional rights. the confirmation process is not the proper place to burn mitigate this process. neither is her record outside the mainstream. i believe that her statements reflects the view that is too expensive. her judicial record indicates that in practice, she has given only limited, if any weight to foreign court decisions. in a 2000 international child custody case hague convention on international child abduction, judge sotomayor wrote a dissenting opinion which she held that the courts of the foreign nations interpreting the same convention, we were -- quote -- "not essential to her reasoning." i believe that some of her statements that she made on her speeches about

carolyn maloney from new york chairs this hour and 20 minute hearing. >> if the people will come to order. meetings should start on time. welcome commissioner hall. evidence that the stimulus bill is taking hold is starting to emerge. the economy dramatically improved in the second quarter of this year and the pace of job loss has moderated significantly in recent months. clearly the trend is toward recovery. i am optimistic that more americans will be heading back to work as more stimulus projects get underway. while we welcome these signs of improvement this morning, this report reminds us that the high toll the recession has had on millions of americans. this recession, which began in december of 2007 is now the longest and deepest in the post-world war ii period. although the economy is predicted to expand later this year, the duration of this recession has led to long spells of unemployment for are -- for some workers. we have six unemployed workers for each job opening. those out of work are finding it increasingly difficult to find a job. more than a staggering five million america

karen maloney of new york is the chair. this is about an hour and a half. >> evidence that the stimulus bill is taking hold a starting to emerge. the pace of job loss has moderated significantly in recent months. clearly, the trend is towards recovery. i am optimistic that more americans will be heading back to work as more stimulus projects get under way. while we welcome these signs of improvement, this morning's employment report reminds us of the high toll that the recession has had on millions of working americans. this recession, which began in to step -- in december 2007, is now the longest and deepest in the post-world war ii period. while the economy is expected to expand later this year, the repression of this recession has turned out a long swell of unemployment for workers. those out of work have found it increasingly difficult to find a job. more than one-third of the unemployed, a staggering 5 million americans, have been without a job for at least six months. it is the highest on record. overt 2.3 million wor

host: in the new york newspapers there are stories about representative carolyn maloney who is withdrawinge run for the senate. you can read more about that in

. >>> new york congresswoman carolyn maloney says she will not take on senator kirsten gillibrand inhe state's democratic primary. gillibrand was apointed to fill the seat vacated by hillary clinton when she became the secretary of state. >>> remember, for the latest political news anytime, you can always check out cnnpolitics.com. let's go to jack cafferty for "the cafferty file." jack? >>> question this hour, wolf, is whether or not these increasingly loud and violent town hall protests will succeed eventually in killing health care reform. i had a broken leg and two cancer surgeries that would have cost me over $50,000 and i never paid a cent. my taxes stayed the same, too. grow up, america. corey writes -- mary ann writes -- and frank in philadelphia says -- if you didn't see your e-mail here, go to my blog at cnn.com/caffertyfile and look for yours there. mr. blitzer. >> thank you, jack. >>> to our viewers, you're in "the situation room." happening now, student are heading back to school and they want to head off major problems with the swine flu. >>> a drug lord still in busine

carolyn maloney shares this hour and 20 minute hearing. >> welcome.idence that the stimulus bill is taking hold a starting to emerge. the economy improved in the second quarter of this year. the pace of jobless has moderated significantly in recent months. the trend is toward recovery. i am optimistic that more americans will be heading back to work as more stimulus projects get under way. well we welcome the signs of improvement, it reminded of the high toll that the recession has head on millions of working americans. this recession which began december 2007 is now the longest and deepest of the post- world war ii time. the duration of this recession has led to long spells of unemployment for some workers. with six unemployed workers for each job opening, those out of work are finding it increasingly difficult to find a job. more than 1/3 of the unemployed, a staggering 5 million americans, have been without a job for at least six months. it is the highest on record. in both% and sheer numbers. over 2.3 million workers have been unemployed for a yea

messages were carried to carolyn maloney. >> i don't think there is any doubt that -- i don't know that the two are analogous. there was a primary we had with then-senator clinton, taking us to states that we would likely not have been as competitive in had we not spent a decent amount of time there in april or may or june. >> in upstate new york, there are still a few republicans. >> it is hard for me to draw a direct correlations to the senate race without having a better knowledge of the area of the state itself. let me find out the degree. >> can you answer why he would inject himself? >> we want to have good, strong candidates running in the senate and the house. in many of these races, in the new york, we have a fabulous candidate now keeping her house seat and a fabulous candidate we hope keeping her senate seat. . but i have not seen a recommendation yet, but i can certainly check on that. >> former president clinton [unintelligible] [unintelligible] with the united states continued [unintelligible] >> i think you heard president clinton say many times in the past, and i don't n