in his word, for the congress, the republican-controlled senate to confirm his nominee judge merritt garland to the supreme court. this is the ideal case to make the point because had justice scalia been on the bench for this case he would have been a sure goat vote with the other four conservatives. today the president lost with a punt meaning the lower court ruling will stand against him but it would have been a much more definitive ruling against him if justice scalia had not passed away in february and merritt garland would have never been confirmed to participate in this case. for practical purposes, the congress' refusal to act on his nominee doesn't really affect this case but he's making the bigger point the supreme court is deadlocked 4 to 4, will be unable to to reach a decision on some of the most important issues of the time. >> another major supreme court action, the president mentioned the justices upheld an affirmative action program at university of texas allowing the school to consider race in admissions. the ruling was 4 to 3. justice kagan recused herself because she worke

and do your job, give merritt garland his vote. cheers and applause] the nominations blockade is just the first part of the assault on the judiciary. but there is a second even uglier line of attack, intimidation. justice demands a judiciary that is made up of independent lawyers that can provide insight and expertise from every corner of the profession. but senate republicans and their big business allies don't like resumes reflect insufficient devotion to the rich and the powerful. so they smear them. defense lawyers, public interest lawyers, nominees with these professional experiences are just regularly slandered. their integrity is questioned. and scores of republicans automatically line up to oppose them. senator jeff sessions of alabama has attacked the integrity of several of president obama's nominees. for what? for having some association with the american civil liberties union. apparently being connected to an organization whose principle purpose is to defend rights guaranteed by the constitution is an automatic disquali

merritt garland, my nominee to the supreme court. they are allowing partisan politics to jeopardize something as fundamental as the impartiality and integrity of our justice system. and america should not let it stand. >> or -- it's the way the process works. i mean it was a 4-4 tie it goes down to the fifth circuit. is that what it was? >> well this is american jurisprudence at work. the charges that he exceeded his authority by engaging in executive action and this was of course to combat the idea by a lot of immigration activists that have not been happy with president obama, because so far 2.5 million immigrants have been deported under his watch. some have called him the deporter in chief. this was a strike back at thamt to say let's find a way to have a citizenship, essentially vengsly by allowing these people to be in this conversation. but it did not go over well. given the complexity of the court right now, with the passing of antonin scalia, that was pretty much a done deal. it was going to be a 4-4 split. it's a big blow t

merritt garland. if that happened, last month or the month before, who knows what the president may be saying before the media today. one big ruling that the u.s. supreme court made. from washington, d.c. back here in the bay area, a teenage homicide victim will be laid to rest today. regginae jefferies was shot and killed last week at a vigil for two friends who drowned. jefferies would have been a senior in coming fall. relatives say she loved to dance. she had finished a perspective at her friend's memorial when he she was shot and killed. alex savidge is live with more on today's services. >> reporter: good morning to all of you. a difficult day for the family of regginae jefferies. in just a couple of hours they will bury this young woman who had such a promising future. we are told at 10:30 this morning a procession will begin at fuller funeral home and the body of regginae will be brought by a horse-drawn carriage about 20 blocks down international boulevard up to the gospel church where the fu

i nominated judge merritt garland garland to the supreme court more than three months ago, but most republicans so far refuse to even meet with him. they are allowing partisan politics to jeopardize something as fundamental as impartiality and integrity of our justice system. america should not let it stand. this is an an election year. during election years politicians tend to use the immigration issues to scare people with words like amnesty, in hopes that it will lift up votes. keep. keep in mind the millions of us, myself included, go back generations in this country with ancestors who put in the painstaking effort to become citizens. we do not like the notion that anyone may get a free pass to american citizenship. but. but here's the thing, millions of people who have come forward and work to get right with the law under this policy, they they have been living here for years to. in some cases even decades. so leaving the broken system the way it is, that is not a solution, in fact that is the real amnesty. pretending that we can deport 11,000,000 people or build a wall without spending te

president obama has done his job and nominated merritt garland. it's time for the senate republicans to do their job. the senate should give judge garland the hearing he deserves. now meanwhile, in just the first three months of 2016, states across the country introduce more than 400 restrictions on abortion. 11 states have defunded planned parenthood in the last year, ku cutting some women off from their only health care provider and republicans in congress have been willing to shut down the entire federal government over planned parenthood funding. have you ever noticed that the same politicians who are against sex education, birth control, and safe and legal abortion are against policies that would make it easier to raise a child like paid family leave? they are for limited government everywhere except when it comes to interfering with women's choices and rights? well, i'm here today to tell you we need to be just as determined as they are. we need to defend planned parenthood against partisan attacks. if right wing politicians actually cared a

. >> it's not just merritt garland who would rule in that way. see justices say as the security has said before, the executive has exactly the kind of discretion to take into account whether someone has u.s. citizen children, whether someone is or is not a threat to national security. and using the limited resources that congress has delegated executive to deport just a small fraction of the people who are here without documents. this is a very sane, constitutional, lawful way of saying, we're going to focus our resources on removing people who pose a threat to national security and not deport people who are members of our community, who are parents to u.s. citizens or lawful permanent residence. and i think that that will prevail on the supreme court and it absolutely should. >> we could find out as early as 10:00 a.m. eastern time tomorrow, in the morning. we will all be watching and waiting for those decisions. thank you both. >> thanks, shannon. >> thank you, shannon. >>> the navy's newest stealth destroyer will sail the seven seas bearing th

if the senate does approve president obama's supreme court nominee, merritt garland, or if hillary clintonident and she gets to appoint an even relatively progressive justice to the court, a version of that same immigration policy or that case could essentially come back to the court and that policy could yet be upheld once the court is at full strength. the court also had a surprise ruling today in fair of affirmative action with swing vote justice anthony kennedy writing his first-ever opinion in support of affirmative action, stunned everyone. aren't we about to get a really big ruling on abortion rights as well? joining us is senior editor at "slate," our supreme court whisperer, dahlia, it's great to see you. >> thanks for having me. >> here's part of the reason i wanted to talk to you, when you wrote, this makes me quite grumpy about the 4-4 decision on immigration. why does it make you grumpy? >> i was thinking at the top your show when you were showing what was going on in the house, the same thing is going on in the court. it's just that there's less screaming and singing and wavi

merritt garland, my nominee to the supreme court. leaving the broken system the way it is, that's not a solution. that's the real amnesty, pretending we can deport 11 million people or build a wall without spending tens of billions of dollars of taxpayer money is abetting what is really just factually incorrect. it's not going to work. it's not good for this country. it's a fantasy. now we've got a choice about who we're going to be as a country what we want to teach our kids, how we want to be represented in congress, and in the white house. >> only a tie-breaking vote in the supreme court or action by congress will resolve this. today's decision immediately became a huge campaign issue. hillary clinton's statement reading in part, today's deadlocked decision from the supreme court is unacceptable and shows us all just how high the stakes are in this election. decision's also a stark reminder of the harm donald trump would do to our families, our communities and our country. trump has pledged to appeal president obama's executive ac

he would meet with merritt garland.million undocumented immigrants that are very much in legal limbo. jeffrey tu bin, our go-to guy on all of this. gentlemen, welcome. mr. toobin, to you first. first of all, what happened to these 4 million people? >> well, the president said two things. he said, in terms of deportations, we are not p going to pursue them just as we have not been pursuing them in the past. that's not a guarantee that a different president would have different priorities. certainly, for the remainder of president obama's presidency, they are not going to be pursued. the other thing he said is our plan to give them permission to work, to let them come out of the shadows, to start paying taxes in an open way, all of that is on hold. that is not going to happen because of the supreme court's decision. >> so when you look at the politics of this, we are well into this election, professor. the president only has six or so months left. when you talk about legacy building, this was such a key cornerstone for hi

merritt garland. my nominee to the supreme court.on policies, the ones i announced two years ago can't go forward at this stage until there is a ninth justice on the court to break the tie. i know a lot of people are going to be disappointed today, but it is important to understand what today means. the action policy in place the last four years is not affected by this rule. enforcement policies by my administration are not affected by this ruling. this means that the people who might have benefitted from the expanded deferred action policies, long term residents raising children who are americans or legal residents, they will remain low priorities for enforcement as long as you have not committed a crime our limited resources are no focused on you. but today's decision is frustrating to those who seek to grow our economy and bring a rationality to our immigration system and to allow people to come out of the shadows and lift this perpetual cloud on them. i think it is heart breaking for so where do we go from here? most americans in

i nominated judge merritt garland to the supreme court more than three months ago, but most republicansre listening in on president obama speaking about the supreme court ruling that effectively blocks his immigration legislation. he is talking more about that right now. let's listen in. >> and america should not let it stand. this is an election year, and during election years politicians tend to use the immigration issue to scare people with words lick amnesty -- like amnesty in the hopes that it whips up votes. keep in mind that millions of us, myself included, go back generations in this country with ancestors put in the painstaking effort to become citizens. we don't like the notion that nanci -- millions of people who have come forward and worked to get right with the law under this policy, they have been living here for years, too. in some

the "new york times" recently ran a headline declaring a supreme court with merritt garland would bearland is confirmed the "new york times" also speculated he could tip the ideological balance to create the most liberal supreme court in 50 years. that's why president obama is trying to airdrop another supreme court justice on his way out the door, and in the middle of this election. he thinks he can get away with it, too. if his nominee is portrayed as some kind of moderate. let me tell you, president obama called somebody a moderate does not make him a moderate. he's clearly not a moderate. america's largest organization of gun owners examine the record. what it found -- a judge who does not respect our fundamental, individual right to keep and bear arms for self-defense. america's largest organization of small businesses examined his record, too. what it found. a judge who nearly always sides with regulators, labor unions and trial lawyers at the expense of small businesses. so let me say this once more and let me say it clearly -- barack obama will not get a supreme court justice

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