ashley morrison reports there are now fitness classes specifically for cancer survivors. >> reporter: breast cancer survivor zilma soto has been coming to this exercise class for two years. >> i couldn't even move my arm up from the surgery. >> reporter: she signed up for the specialized class, which helps women healing from breast cancer. the instructors are geared to the patient's needs. so they know that they have had lymph node surgery or they have had other types of surgery. >> reporter: the american college of sports medicine has issued new guidelines that urge cancer survivors to try to get the same amount of exercise as the average person, about 2 1/2 hours a week. studies show staying active improvements quality of life and helps cancer related fatigue and counter acts some chemo drug side effects. >> a lot of women who have breast cancer especially when they're post-menopausal, are on drugs that decrease their bone density. so the exercise really helps. >> reporter: exercising regularly also keeps off excess weight which research shows cuts down on your chance of recurrence.

and what's your view -- have you expressed any opinions previously on lopez and morrison? they were very controversial at the time. and do you agree with those 5-4 decisions? >> gosh, i don't think that i've expressed any views in my academic writing or anything i can think of on lopez and morrison. you know, i've given a lot of speeches in my life but, you know, i can't think of anyplace where i specifically addressed those issues. i think that they are settled law, that they are part of the jurisprudence of the commerce clause going forward. >> could i ask you about that? you said that it's settled law with regard to the gun case, chicago, mcdonald and heller. those were 5-4 cases. does your definition of settled law mean anything more than the normal precedent you would give to any of those kind of 5-4 cases? >> i think i've actually used that phrase with respect to a number of cases which people have asked me about. those are a couple. but -- >> if i was going to use the phrase interchangeably, precedent, which has a certain amount of power, and then you throw out sett

ashley morrison is here in new york with the latest on that. good morning. >> good morning to you, betty. worries about the american economy sent most asian markets into the red today. japan's nikkei lost almost 2.5% while hong kong's hang seng was also lower. today wall street get the latest on inflation. thursday a seven day winning streak came to an end. the dow lost seven points while the nasdaq was down a fraction. >>> wall street powerhouse goldman sachs will pay $500,000. to settle charges it defrauded. it's the biggest penalty ever levied by the s.e.c. in the settlement goldman neither admits or denies it committed fraud but failed to disclose vital information to its clients. the fine includes $250 million to compensate harmed investors. goldman will write another $300 million check to the united states treasury. now, it may sound like a lot of money, but it amounts to a little more than two weeks of net income for the firm. and getting it over with is good for business. by the end of trading day yesterday, goldman stock was up more th

and that's the teaching of lopez and morrison. the court -- the congress can't regulate noneconomic activities, especially to the extent that those activities have traditionally been regulated by the states. and i think that that would be the question that the court would ask with respect to any case of this kind. i do want to say again that we can come up with sort of, you know, just ridiculous sounding laws and the principle protecter against bad laws is the political branches themselves. and i would go back, i think, to oliver wendell holmes on this. he was this judge who lived, you know, in the early 20th century. hated a lot of the legislation that was being enacted during those years but insisted that if the people wanted it, it was their right to go hang themselves. >> okay. >> now that's not always the case. but there is substantial deaf rens -- >> i want to give you another can. what if i seed eating three fruits and three vegetable was cut health care costs 20%. now we're into commerce. and since the government pays 65%

arturo is one of the top trial lawyers in the nation and he's a partner at morrison forester. we've had the pleasure of working with the bar association for -- over the past 20 years to provide services to people who can't afford lawyers when the public defender is not available and so we're very pleased to have arturo here on behalf of the bar association. thank you. [applause] >> thank you. three days ago in one of the most closely watched supreme court cases this term, graham versus florida, the united states superior court forbid the sentences of a juvenile to life in prison without the possibility of parole for a non-homicide crime. they found such a sentence is consistent with basic principles of decency. i'm proud to say that my firm was co-counsel for the juvenile in this case and wrote the brief for the juvenile in the court. this decision gives our clients, terrance graham, who had received the sentence of life without the possibility of parole. the bad acts he committed as a teenager are not representative of his true character and gives him some realistic opportuni

now, as ashley morrison shows us, less invasive op . >>> you know, for decades when a woman decided sheidn't want any more children she could have her tubes tied but there is now a less invasive procedure for birth control. >> amanda bo lynn ya had a tough time delivering her two girls. >> the two previous abdominal surgeries that were major, on top of that each of my children were c sections so that created further scar tissue. >> reporter: her doctor told her she should not have more kids so amanda looked for a permanent viewings. >> knowing that i can't get pregnant no matter what happens was the most important factor. >> reporter: instead of having surgery to have her tubes tied she chose the new fda approved procedure called the audiana still, it requires only local anaesthesia, an instrument delivers low level radio frequency to each nopan tube, an insert about the size of a grain of rice is placed in each tube. >> we place this spongy material inside, kind of drop it there. then the body forms car tissue around the spongy material and seals everything shut. >> reporter: but just

ashley morrison is here in new york with the latest on that. good morning, ashley. >> asian stocks got a lift from european banks passing stress tests last week. japan's nikkei gained nearly 1% while hong kong's hang seng was also up. today wall street gets the latest on the housing market. last week strong corporate earning reports put investors in a buying mood. the dow gained 2% wiping out all losses for the year while the nasdaq tacked on more than 4%. >>> a major battle is looming over the expiration of bush-era tax cuts for the wealthy. timothy geithner said he backed letting those expire for those making $250,000 or more a year to help bring down the deficit. most republicans and democrats on capitol hill strongly disagree. arguing it could endanger the economic recovery. the tax cuts were passed by congress under president bush in 2001 and 2003. >>> the ford explorer is making a big comeback. today the automaker will roll out a new marketing campaign for the vehicle that helped launch the 1990's suv boom. the vehicle has been resigned.

ashley morrison is here in new york with the latest on that. good morning, ashley. >> good morning to you, betty. asian markets had a shaky start following wall street's declines. japan's nikkei lost 0.5% while hong kong agency hang seng was mostly lower. today wall street gets the latest on the housing market and a look at the weekly jobless claim numbers. wednesday stocks sputtered after ben bernanke told congress the economy remains fragile and the outlook uncertain. the dow lost 109 points while the nasdaq gave back 35. >>> government watchdogs say a $50 billion program to help people avoid foreclosure isn't even making a dent. a special inspector general found mortgage companies have too much leeway to decide who qualifies for reduced balances and payments. mortgage debt collectors don't have much incentive to help because they usually make more money on a foreclosure. >>> big oil companies are joining forces to prove they'll be better prepared for the next spill. exxonmobil, chevron, conocophillips and shell are forming a joint venture to

ashley morrison is here in latest on that. good morning. >> good morning to you. asian markets got a boost from tech markets today. hong kong's hang seng gained 1% while the nikkei finished down a fraction. today fed chief ben bernanke delivers his monetary report to congress. tuesday, wall street stocks finished higher. the dow rallied 75iloints while the nasdaq gained 24. >>> apple's earnings report did not disappoint. after the market closed the company said revenue rose to almost $16 billion last quarter, a 61% increase over the same period last year. and despite the highly publicized antenna issues on the latest iphone, sales were much better than expected with nearly 8.5 million sold from april to june. >>> another stumble for the housing market. new home construction sank 5% last month to the lowest level since october. there was some encouraging news, however. building permits, which are an indication of future building activity, rose 2%. >>> and the bisc is back the soup stand that inspired the infamous soup nazi episode on "seinfeld" reopened after a 60s

ashley morrison is here in new york with the latest on that. good morning, ashley. >> good morning to you, betty. asian markets rallied this morning. japan's nikkei added more than 2%, snapping a five-day losing streak while hong kong's hang seng gained just about 1%. today wall street gets another wave of corporate earnings with ford, mcdonald's and verizon among the big names to report. thursday the market soared. the dow gained 201 points. and the nasdaq tacked on 58. >>> the checks will be in the mail for 2.5 million unemployed americans. president obama signed an extension of jobless benefits into law thursday after congressmen finally passed it. it effects only the long-term unemployed and applied retro actively. >>> the government's pay czar is taking aim at wall street. today kenneth feinberg will release a list of banks he has determined paid their executives too much while the financial system melted down. according to the associated press, he will single out jpmorgan chase. this review is likely to be feinberg's last before he leaves

ashley morrison is here in new york with the latest on that.morning, ashley. >> good morning to you, betty. asian markets went in reverse. following wall street's lead. hong kong's hang seng was mostly lower. japan's nikkei was closed for a holiday. also this morning, moody's downgraded ireland's government bonds, adding new worry to europe's debt crisis. today wall street will get the very latest on the housing market. friday the market tanked after disappointing corporate profit reports. the dow lost 261 points. that's a 2.5% drop. while the nasdaq gave back 70. >>> consumers are having second thoughts about the economic recovery. a report released friday shows confidence is at its lowest point in nearly a year, raising fears the recovery is still on the verge of stalling. consumer spending accounts for about 70% of economic growth. >>> more than 2 million americans could soon have their unemployment benefits restored. congress has been fighting over a bill to give americans who are out of work benefits for six months or longer. it's believed

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better than that last sixteen exit and have also and rolled with his two of mata spent hard and toni morrison as well as experienced russia go. to help them make title dream come true the new kitchell susan faces off on the eighth of september. in cycling denise finished second at the fourteenth stage of the tour de france the russian won the duel at finish against spend its summer sanchez to finish. the big trip went to christophe as the french ment won the first stage in the pyrenees but it still ended schleck holds the yellow jersey finished fourteen seconds behind the winner. fourth overall. formula one hits more school an f one exhibition event has been held in the russian capital the veron moscow seat a racing event. a chance to say all sorts of fast cars up close concert at the top of white along for the. for the third tour a must whose roots were transformed into really great interest in the criminals trembled as formula one chorus went past with a rule it was this must go public it turned out in droves to hear as thousands attended t.v. and even there were essential to kept it in spi

handle and toni morrison as well as experience to russia goalkeeper you're going in a book to help them make title dream come true the new season faces off on the eighth of september. russia's first formula one driver retarded petrov says he's confident he'll be offered a new contract with the red no the twenty five year old is in moscow this weekend to promote the sport with an exhibition race around the kremlin was taking a stroll around that square this morning before taking part in the fundraising of a one costs through the heart of the capital i have faced while champion jenson button but the talk was about the child's future read up on discussions with their first drive it will be about a new contract but so far a new one hasn't been offered to patrol lies fifteen in the driver's championship over the russian says he's not know the submarkets future. well before they knew we were working he still hopeful that it would be helpful to see them not to but in the whole have a good reason why that is the mother but then you will win next season and. the rule be will be. thinking about t

ashley morrison is here in new york with the latest on that. good morning. >> reporter: good morning. well, asian markets were mostly higher as chinese shares jumped for a second day. the hang seng was up just about 1%. the nikkei, however, bucked the trend losing more than 1%. >>> well, today wall street gets earnings reports from goldman sachs and apple. on monday stocks finished higher. the dow added 56 while the nasdaq gained 19. 2.5 million long term unemployed americans should get their benefits restored today. republicans have held up the extension for weeks, but democrats will pick up the vote they need from the temporary replacement filling the late robert byrd's seat. the extension applies only to those whose benefits expire beginning of june. the benefits averaging $309 a week will be applied retroactively. >>> more legal trouble for toyota. the "wall street journal" reports the automaker has been ordered by a federal grand jury in new york to hand over documents related to possible problems with steering rods in its vehicles. a toyo

. >> reporter: ranger morrison does more than pose for pictures.n an emergency, and there were a murder suicide in the park last year he's the only ranger on duty to respond. statewide 30% of park range positions are empty. >> all the thing that is can happen in a city happen here in the parks. >> reporter: one reason is that communities have grown around the state parks and the crime spills over. the parks have seen an increase in car break-ins, and marijuana growing. >> it's an impact to the resource that these folks cause. irrigation lines, taking water from the streams that house fish. >> if there's a lot of crime, we really need more personnel here. >> we feel very safe. i don't know why if there's only one officer here. >> reporter: faced with a multi million dollars shortfall, doesn't seem that sa kra sacramento is going to provide funds here. in contra costa county, jim vargas, ktvu channel 2 news. >>> the americans with disabilities act turned 20 today and there were celebrations in many cities. the acts provide opportunity. >> having the

. >> reporter: ranger cameron morrison does a lot more than pose for pictures with visitors at the mountdiablo park, in the middle of emergencies and a murder with suicide that happened last year, he's the only one person. 131 out of 449 -- >> all of the things that can happen in a city, happen here in the parks. >> reporter: one reason is that communities have grown around parks like mount diablo and problems spread over. >> it's always frustrating if you don't have when you need to get the job done. >> reporter: the parks have seen an increase in assaults, vehicle break-ins and in some remote areas, marijuana growing. >> not only is the marijuana a problem, but it's the damage to the impact of the resource these folks cause. irrigation lines, taking water that would feed fish. you don't want deer in your pot gardenle it won't help your grow. so there's been times poaching has been a problem. >> reporter: the ranger we did speak to say it's okay to and -- okay and safe to visit the park. in fact, the numbers went up to around 10,000. but some -- >> there's only one park ranger on duty t

. >> reporter: ranger morrison does more than pose for pictures.an emergency, and there were a murder suicide in the park last year he's the only ranger on duty to respond. statewide 30% of park range positions are empty. >> all the thing that is can happen in a city happen here in the parks. >> reporter: one reason is that communities have grown around the state parks and the crime spills over. the parks have seen an increase in car break-ins, and marijuana growing. >> it's an impact to the resource that these folks cause. irrigation lines, taking water from the streams that house fish. >> if there's a lot of crime, we really need more personnel here. >> we feel very safe. i don't know why if there's only one officer here. >> reporter: faced with a multi million dollars shortfall, doesn't seem that sa kra sacramento is going to provide funds here. in contra costa county, jim vargas, ktvu channel 2 news. >>> the americans with disabilities act turned 20 today and there were celebrations in many cities. the acts provide opportunity. >> having the ki

. >> later on as morrison and skill in which it allegedly be taking place above bridge level, any considerationas to when it's going to be done to have minimal traffic impact? >> traffic impact is not the crucial thing the crucial thing is getting a safe and efficient are to resume a search at the gym and then guess it's going to be a hundred feet above so will be visible. >> for now, first-day it should not have any big impact except that there will be quite a few dignitary's effort grow 30 p.m. in order to kick off, mark the inauguration or the initiation of this segment of the south end its suspension span mayor gavin newsom, the head of the mtc the head of the bay area toll authorities and a number of other representatives of the some of the concord. >> anybody is engineering is just an of this whole thing, it's critical to what we will fall out with you. we will be right back with the kron 4 morning news, weather and traffic in just a few moments. ♪ [ horns honking ] ♪ [ male announcer ] come into an at&t store and experience tv like you've never seen before. ♪ for a limited time, get u-ve

he retired the first 13 batters he faced and got some great defense in left by logan morrison in the 1st inning. that seemed to set the tone for sanchez, who pitched a complete game one hitter striking out a career-high 8 batters. madison bum gadder in wasn't quite as shar but allowed three runs in six innings. stanton after a doubling in the fourth. posey came one a runner on in the 7th with a chance to extend the streak grounded into a double play. the giants lose 5-0 and split the series with florida. the streak ends athe 21 games, one shy of willie mccovey who set the rookie record back in 1959. no reason why he can't take another crack at the record. there are still 59 games left in the season. >> if somebody breaks the right streak record in my lifetime i would be shocked because pitching is so good, defense is so good, guys are fast. i think it's going to have to be a guy that's extremely fast. there's a lot of attention o it so you have to try to keep your mind right as much as you can. >> reporter: posey batted .441 during this streak. and despite the loss today, the giants

where you have a case like morrison protecting women against violence, gigantic record, you have the court saying it is unconstitutional because of the congressional, quote, method of reasoning, closed quote, i wonder what's going on. is there some radical transformation when the witness leaves the spot where the chairman is now sitting facing the panel, walking across the green to the supreme court? what's going on there? what's the method of reasoning? but when you have the chief juice and the associate justice alito testifying about the great deference to be paid to congressional fact finding and make no mistake about it, they said bluntly it's a legislative function, it's not a judicial function. when you start to make -- find facts in the court you're legislating and then what do they do in citizens united? long concurring opinion by the chief justice where he took back all his testimony. took back all his testimony on stare decisis and on the separation of power on legislation. there you have 100,000-page record, the problems of funding and the political system critical to our

and the loss, and look of the deafens from logan morrison.u cannot win with that. and that is enough for the florida marlins had 1-0 lead. and it was just a matter of time. the florida sports day today, many ramirez, and with the short the legend of new york on his side. manny ramirez is really good. meanwhile, animal sanchez? jackie have you ever had >> -- anabelle ? the man with that name? >> i dated a man. >> buster posey, and a hitting streak and a 21 game one shy from iraqi record. final, 4-5, the giants-0. the giants will await the dodgers and right now, three games behind the padres 2-2. in the ninth inning, the dodgers as always, we will week because it jackie. and if you know somebody? anabelle? yes, of remarkablsanchez. [laughter] >> and a test drive with an old bay had a favorit. once upon a time, the ndp played with the oakland a's, and now, the baltimore orioles to the san diego padres. the 2002 when he achieved the mvp and a piece started to make big money and many said we cannot afford you. goodbye. and then, of rahwathisy made

and what's your view -- have you expressed any opinions previously on lopez and morrison? they were very controversial at the time. and do you agree with those 5-4 decisions? >> gosh, i don't think that i've expressed any views in my academic writing or anything i can think of on lopez and morrison. you know, i've given a lot of speeches in my life but, you know, i can't think of anyplace where i specifically addressed those issues. i think that they are settled law, that they are part of the jurisprudence of the commerce clause going forward. >> could i ask you about that? you said that it's settled law with regard to the gun case, chicago, mcdonald and heller. those were 5-4 cases. does your definition of settled law mean anything more than the normal precedent you would give to any of those kind of 5-4 cases? >> i think i've actually used that phrase with respect to a number of cases which people have asked me about. those are a couple. but -- >> if i was going to use the phrase interchangeably, precedent, which has a certain amount of power, and then you throw out sett

here's keith morrison. >> reporter: he was everybody's idea of the perfect best man. >> everybody grab man is really the groom. >> reporter: andrew bagby. did anyone have more friends than he? >> i always wanted him to be my best man. >> it just made sense to have him as best man. >> i can only assume you would have asked him to be your best man. >> a friend of 20 some odd ye s years, sum it up in two minutes or people will start looking at the champagne and say, bagby, shut up or die. >> there was a lot to say. >> charismatic, opinionated. >> really a good story teller. >> a giant of a man. >> animated. >> kind. >> caring. >> jubilant. >> laid back. >> very approachable. >> so intelligent. and -- sorry. >> sad. >> why? >> i'll tell you about it some day. >> do you know who that is? >> andrew. why andrew get killed? >> reporter: it was november, 2001, when dr. andrew bagby, 28 years old, was found in hospital scrubs lying face down in a state park in derry township, pennsylvania. he had been shot five times including once in the back of the head, execution style. >> i said, my son murd

where you have a case like morrison protecting women against violence, gigantic record, you have the court saying it is unconstitutional because of the congressional, quote, method of reasoning, closed quote, i wonder what's going on. is there some radical transformation when the witness leaves the spot where the chairman is now sitting facing the panel, walking across the green to the supreme court? what's going on there? what's the method of reasoning? but when you have the chief justice and the associate justice alito testifying about the great deference to be paid to congressional fact finding and make no mistake about it, they said bluntly it's a legislative function, it's not a judicial function. when you start to make -- find facts in the court you're legislating and then what do they do in citizens united? long concurring opinion by the chief justice where he took back all his testimony. took back all his testimony on stare decisis and on the separation of power on legislation. there you have 100,000-page record, the problems of funding and the political system critical to ou

versus morrison involving the issue of violence against women we had a mountain of evidence assembled, as justice s 0 ter pointed out in dissent, and the court rejected congressional findings because of our, quote, method of reasoning. you haven't crossed the street to the supreme court yetu but do you think there's some unique endowment when nominees leave this room and walk across the street to have a method of reasoning which is superior to congressional method of reasoning so that we can -- so that a court can disregard voluminous records because of our method of reasoning? >> to the contrary, senator specter. i think it's extremely important for judges to realize that there is a kind of reasoning and a kind of development of factual material more particularly that goes on in congress. >> then you disagree with chief justice rehnquist. >> i think that it's -- that it's very important for the courts to defer to congressional fact-finding, understanding that the courts have no and the to do fact-finding, are not -- would not legitimately, could not legitimately do fact-finding. >> w

morrison and go down the line. i want to know what has happened so far, and what do you want to see happen? >> we have started the process. we have negotiated an expense reimbursement provision that is not quite eeough, but a step inn the right direction.+ we do not think the employee should have to pay for the expenses of the merger. it is the ceo's had decided they want to merge. that was a step in he right directiin, but a very small step. we see indications that the management is interested in doing the right thingg but until we actually see what they proposed at the negotiating table we're working on a transition agreement. it would e more of a standstill type of agreement. as we process down that path, there would be a joint coolective bargaining agreements and whether we get to that quickly will be the indication+ of how well the merger will go. if we do not get too quickly, the worker -- merger will be unsuccessful. as we proceed down the path, we see great opportunity to lead, buu weecannot leave by oursel

. >> or as keith morrison said, or did he?s overlooking the ocean in santa barbara. >> man. >> that's a nice spread. very nice. anyway, nbc.com will have new revelations on this story next month. how's that for a tease? >> mark it on the calendar. >>> ahead, one of the biggest stars in country music, carrie underwood. >>> good morning to you. it's 8:26 right knew. time to check the morning commute with mike. >> we'll give update. caltrain looking better now, laura. still have delays of 20 to 25 minute, mechanical difficulties. this is not the same repeat as yesterday. things are more fluid on the system right now. we're looking at oakland where this is slowing down on the northbound side toward the coliseum. but the southbound coming out of downtown. there was a gas nozzle around 29th street. we show you the map. see the slowing, major slowing in the area. watching now for reports of a gas station problem around the 29th. >> that's one expensive fill-up that person had there. oakland, 68 for a hfvgay today. notice inland, we s

ralph morrison and pal ohm yeah werner, thank you very much. first of all, it's a little difficult.e had people in different parts of the country there. but, i mean, if you're the guy standing at the wheel -- >> because -- >> you're probably not going to wear that outfit. that is a tough experience. >> yeah. >> it's one angry whale. i don't know what -- >> i don't think so. curious. apparently the whale had surfaced, he thought it would go underneath and sure enough, no. >> well, they're both lucky, that's for sure. >> up next, the most unlikely candidate for u.s. senator we've ever come across. we're going to hear from him. >>> we are back at 7:43 with south carolina's surprising democratic candidate for u.s. senate. al vin greene won his primary without campaigning. nbc's ron mott is in south carolina with more on that. ron, good morning to you. >> reporter: meredith, good morning to you. alvin greene literally came out of nowhere to win this nomination last month and he did so without making a single stump speech. over the weekend, though, he broke his silence at this school behi