let's assume that the ninth circuit and the second circuit reviewing the order decide that the executiverder was not proper. then i think the chances are very, very good that the u.s. supreme court will take up the case. now that will be months from now. the briefing schedule in the ninth circuit is such that the briefs will be in by the end of april. and we'll get an oral argument in may or june and a decision after that. we're looking at getting to the u.s. supreme court next fall. maybe a decision in early 2019. certainly we're going to get past the election. >> thanks for taking the time this monday afternoon. >> great to talk to both of you. thanks for calling. >>> the california democratic party is not endorsing senator dianne feinstein. kevin de leon -- >> the democratic party after the loss of hillary clinton, i think voters are saying we're tired of the old way of doing democratic politics. we're looking for a new way and a new direction. >> both candidates failed to earn the 60% support needed to win the endorsement. that means neither will get extra campaign crash. >> and no e

it will go to the ninth circuit, the ninth circuit will issue a really, and in the supreme court willide what to do at that point.>> there is another immigration story playing out regarding the oakland mayor. she went public and warned that i.c.e. was planning rage in the area. she said she had information that they were planning rage. she said she felt it was her duty to share the information that i had. it was legal what idea, and it is important that people know the rights. what is your thought about that?>> it was a very interesting thing to do. we don't know what the basis for her warning was. i assume that she did not use confidential information to issue this warning, because she does go out of her way to say it was legal. i am not sure that it adds a lot in the sense that we already knew that i.c.e. was out to push its power. they are not happy with things where cities are california declaring themselves to be as things were stay. they have artie done some rage in the area, so it is not much of a surprise for i.c.e. to do more rager, and i am not sure that the mayor's warning

as a result, the cases of only from the state of hawaii victory in the ninth circuit. the state of hawaii, they won that case on the statutory grounds. that accounts for the first, basically the first two issues. for the first three issues. are these kinds of cases reviewable? can you break the law. they say the president is obliged to let the country certain categories of people. does the statute barred the president from discriminating on the grounds of national origin? as to certain categories. is the district courts remedy or an overbroad remedy. basically it applies to -- the other issue that is swelling around these travel ban cases is whether everything the president has done, 1.0, 2.0, 3.0, is all tainted by anti-muslim and therefore no violation of the establishment clause. within that the question whether the establishment clause applies to these at all. that was very much in the fourth circuit. the fourth circuit heard argument but as of one hour ago i had not read the decision. the state of hawaii in his opposition to this, from the ninth circuit says by th

the case right away and jump over the ninth circuit -- which is extraordinary. and says something i think about administration street feelings about daca and the real commitment to doing harm to immigrant community's. i would also point out the presidents, it's about the ninth circuit are very disturbing. it is a real attack on judicial independence and insulting to one of our federal courts. i worked for the ninth circuit as a clerk. the judges are true servants of the public good. they are neutral. they are smart. it is completely unfair, outrageous for a sitting president to insult members of ii the third branch. it is appalling. citizenship and immigration services agency announced last week it is changing its mission statement in order to drop the phrase "the agency secures america's promise as a nation of immigrants." interestingly, the federal agencies new director, who made the change, is himself the son of a peruvian immigrant. so no longer referring to this nation of immigrants. michael? >> in my view that is red meat to the base, to the administration

so the government appealed to the ninth circuit. now the ninth circuit has an interesting practice whereby it announces the membership of its motions panel for a given month after that panel issued its first order and that panel sits together all month. for the month of january, the ninth circuit motions panel consisted of judges reinhart, paez and baya. the government may have just thought a little bit about whether that would be a good forum to be litigating in and decided it would prefer to be in the supreme court of the united states so someone unusually filed in the supreme court not a request for a stay of the injunction but, in fact, it specifically said a stay would be inadequate. it asked for a petition -- it asks for certiorari before judgment. meansing this a case that is in the court of appeals but we don't want you to wait for a decision by the court of appeals, we want you to take it now and they said there are lots of other challenges, this is something that, you know, is very, very important, it needs to be resolved

usually that goes to a circuit court and in this case the ninth circuit so before the ninth circuit hased the trump administration is asking justices to step in -- they are asking them to issue the case. >> this is unique because they are skipping a level. for a person who doesn't understand the circuit court, judicial and all that stuff. what does this mean for the president? >> it is very interesting because an injunction issued by federal court in california there is also one from a brooklyn court, the one from the california court issuing at the supreme court but for the president really, nothing will happen until the circuit court, ninth circuit or the supreme court decided to take the case and that is when his argument would seem relevant because at this point with two injunctions by district court, no daca rolling the way president obama, nothing donald trump could have done being implemented at this point so he does need a favorable ruling from the ninth circuit or the supreme court to take the case. the conference on friday we did not here if they were going to take it friday n

the ninth circuit was interpreting the statute, not restraining the statute. if we go down constitutional sustainingwould be the statute, at least a declaratory government and like the government much like an injunction. how do we handle those problems? >> the government has said that it repeatedly does not apply to detention claims. statute. read the as to f, unfortunately not briefed and waived as far as the ninth circuit ruled. at the time that the night -- ninth circuit >> -- that would be an initial question i guess i have. >> yes, your honor. it goes to the renewal power. they recognize that there was a constitutional claim in the case at the time it issued its classification order. the government argued that time and never saw sertiorary. since the supreme court has the power, it exempts the supreme court, it also doesn't mention habeas at all in the ruling in demore v. kim and since then the government amended the act. they put it in portions of two but didn't do it in f. i think that's a reasonable statutory argument. going back to your honor's questi

a few hours later, a judge of the ninth circuit disagreed with the three-judge panel, and the ninth circuitant with an 11-judge panel issued a ruling staying his execution. >> though en banc requests happen only 1% of the time, they agreed and gave kevin cooper a stay. but their decision didn't sit well with california's attorney general. >> the attorney general immediately filed a request of the supreme court of the united states to reverse that stay. >> at 8:15 p.m., as kevin cooper waited for news about his impending execution, a phone rang in the death chamber. >> my lawyers told me that the united states supreme court in a unanimous decision said that i would not be murdered that night. i began to feel life come back into my body because i honestly thought i was a dead man. >> finding out four hours before your client is going to be executed that he's not going to be executed is a tremendous sense of exhilaration. but it's not over. kevin was not off death row. >> two years after kevin cooper's brush with death, a judge imposed a moratorium on california.lethal injection in no one has

act with due dispatch, which the knife circuit did and the fourth circuit did not -- which the ninth circuit dead and the fourth circuit did not -- which the nineth circuit did and the fourth district did not. that accounts for the first three issues. are these cases reviewable? is the president obliged to lead in certain kinds of people into the country on the grounds of national oregon as to certain categories? is the district court's remedy an overbroad remedy, basically a junction that applies to a large swath of people and not just those with an affiliation in the case? th other issue is whether everything the president has done is all tainted by anti-muslim animus and is the question whether the establishment clause apply to these kinds of suspicions at all? that was teed up in the fourth circuit. the fourth circuit heard argument on the establishment clause question, but as of an hour ago had not rendered a decision. in hawaii, the ninth circuit said, by the way, if you a grant -- if you grant cert, you might as well also grant cert on the establishment clause. the supreme court did i

that means it's going to the ninth circuit in san francisco regardless of what happens there.st certainly be appealed to the stream court and instead of -- supreme court. instead of deadline to end the program this coming monday, the program's in place almost certainly for another year. >> mark, i look forward to your whoppers of the week every week and we know that daca is the subject this week. >> the double speak on this, michelle, just remarkable. president trump ended the daca program on september 5 saying by march 5, it was dead, it was over unless congress could figure it out and use it had as a bargaining chip. now that the democrats didn't go along with his chip, which was to build the wall and to limit legal immigration, he tweeted this out this week. look at some tweets, he said democrats no longer talking daca. out of sight, out of mind. nancy pelosi truly doesn't care about them, meaning the dreamers. democrats have totally forgotten about daca. not a lot of interest in the subject. to be clear, democrats want the daca program to be permanent. the president has en

it's almost as bad as the ninth circuit. nothing is as bad as the ninth circuit, but it's almost as bad. speaking of that, daca is going to be put back into the ninth circuit. we tried to get it moved quickly. because we'd like to help daca. i think everyone in this room wants to help with daca, but the supreme court just ruled it has to go through the normal channels, so it's going back in and there won't be any surprise. it's really sad when every single case filed against us is in the ninth circuit, we lose, we lose, we lose, and then we do fine in our supreme court. what does that tell you about our court system? it's a very, very sad thing. so daca is going back and we'll see what happens from there. so we want fair trade deals. we want reciprocal trade deals. scott walker has a wonderful company called harley-davidson in wisconsin, right? great. so when they send a motorcycle to india, as an example, they have to pay 100% tax. 100%. the prime minister who i think is a fantastic man called me the other day. he said, we

it's almost as bad as the ninth circuit. nothing is as bad as the ninth circuit, it's almost as bad. speaking of that, daca is going to be put back into the ninth circuit. i think everybody in this room wants to help with daca. but the supreme court just ruled it has to go through the normal channels so it's going back in and there won't be any surprise. it's really sad when every single case filed against us is in the ninth circuit. we lose, we lose, we do find in the supreme court. it's a very bad thing, daca is going back and we will see what happens from there. we want fair trade deals. we want reciprocal trade deals. governor walker has a wonderful company called harley-davidson in wisconsin. when they send a motorcycle to india they have to pay 100% tax. 100%. the prime minister who i think it's a fantastic man called me the other day, said we are lowering it to 50%. so far we are getting nothing. we get nothing, he gets 50%, they think they are doing us a favor. it's a great company. when i spoke with your chairman, t

the ninth circuit was interpreting the statute, not restraining the statute. if we go down constitutional grounds, we would be sustaining the statute, at least a declaratory government and like the government. how do we handle those two? >> the government sayed repeatedly it doesn't change detention claims. it is after a remove. order. we do not bar detention claims. as to f unfortunately not briefed and waived as far as the ninth circuit ruled. >> that would be an initial qui i have. guess >> yes, your honor. it goes to the renewal power. they will recognize there was a constitutional claim in the case at the time it issued its classification order. the government argued that time and never saw sertiorary. it also doesn't mention habeas at all in the ruling in demore v. kim and since then amended the act. they put it in portions of two but didn't do it in f. i think that's a reasonable statutory argument. they viewed portability as a proxy for flight risk. what we know now, that leads us to our group of people who have substantial defenses, it is a horrible p

president trump discussed the decision and the fact that the case would go back to the liberal leaning ninth circuit. >> daca is going to be put back into the 9th circuit. you know, we tried to get it moved quickly because we would like to help daca. i think everybody in this room wants to help with daca. but the supreme court ruled it has to go through the normal chain chann channel, so it's going back in. >>> it's really sad when every single case filed against us is in the ninth circuit. we lose, we lose, we lose. but what does that tell you about our court system? it's a very sad thing. so daca is going back, and we'll see what happens there. >>> the decision by the supreme court now gives congress a reprieve on daca. any legislative deadline would likely fall after the midterm elections so the courts have time to finish hearing the case and any questions appeals. >>> meanwhile, the scattered showers appears divided over a case that could dramatically even public unions. it allows public unions to collect fees from nonmembers who benefit from collective bargaining. the four liberal justices appe

it's almost as bad as the ninth circuit. nothing's as bad as the ninth circuit. it's almost as bad. speaking of that, daca is going to be put back into the ninth circuit. we tried to get it moved quickly because we'd like to help daca. i think everybody in this room wants to help with daca, but the supreme court just ruled it has to go through the normal channels. so it's going back in. there won't be any surprise. it's really sad when every single case filed against us is in the ninth circuit, we lose, we lose, we lose, then we do fine in the supreme court. but what does that tell you about our court system? it's a very, very sad thing. so daca is going back, and we'll see what happens from there. so we want fair trade deals. we want reciprocal trade deals. scott walker has a wonderful company called harley davidson in wisconsin, right? great. so when they send a motorcycle to india, as an example, they have to pay 100% tax. 100%. now, the prime minister, who i think is a fantastic man, called me the other day. he said, we are lowering it to 50%. i said, okay, but so far we're gett

they belong here. >> today the president criticized the ninth circuit court calling it the worst. a white house spokesperson said the administration believes daca is illegal and will eventually be thrown out by the supreme court. the program gives temporary prodirection to -- protection to immigrants. >>> a teenager thanks doctors for saving her life. they thought she was dead. she had been shot in the chest, stomach and arm. three surgeries later, she's going home. >> i've seen a lot of positive posts about what is going on at the school and i just -- i love the fact that we're sticking together. >> president trump told a meeting of governors at the white house we have charged into florida high school without a weapon and defended his proposal to arm teachers saying they should be highly trained. jerry brown did not attend this meeting. >>> in palo alto, a powerful message about gun violence. [ chanting ] >> students at gun high school rallied before class across the street in campus in the pouring rain. the students chanted and urged drivers to honk in support of gun control. th

court of appeals whereas as i describe in the book his assent to the chief judge of the ninth circuitcourt of appeals and how important his jurisprudence in copyright law has been. i was fortunate to sit down with him and ask him about his many views on the case and his decisions in these cases and several cases on mattel. i will tell you one of the anecdotes that i describe in the book and the new yorker, the review that just came out this week picks up on, i thought-- sat down with kaczynski and told him i was raised by a mother is a psychology professor who taught me that barbie sends a wrong image or wrong message about the body images of young girls and he looked at me kind of puzzled and said, i don't see anything wrong except when i lift up her skirt i see nothing. so, you can actually see again some of his personality coming out and i describe, again, his history, his previous before the scandal that kind of made him resign, his previous investigation by the court at the committee about having some pornography on a private server, so there's a lot there that i try to convey by

only on statuses in the ninth circuit on the statutory grounds accounting for the first two so can you bring a lawsuit that said -- that says going to certain categories of people to discriminate on the grounds of national origin as to certain categories is it a remedy? to a lower swath not just those with the affiliation. the other issues swirling around the travel ban cases of everything the president has done is tainted by anti- muslim and therefore a violation of the establishment clause and if that applies to these kinds of decisions so that is teed up in the fourth circuit and heard the argument on establishment clause question but one hour ago had not read a decision for so if you're going to grant certiorari granted on the establishment clause. so there's a frame court did do that. but now it is questioned for her. so teaming up and down between the lower courts in the supreme court quite a bit but we haven't handling of these cases but everything you could see the ideological divide on how he handles each case but those orders including the one and said absolutely nothing of t

time and again, actually the ninth circuit court of appeals in california said no, you can't control culture in that way, and that's not what intellectual property is about. there is at of this doctrine of fair use. there is a commonplace where we share culture and not allow one company to control the images of the icon. but what actually kind of interesting is that they didn't stop. they continue to litigate, and i do think that part of it is misguided legal advice where, again, the losers and winners become more complicated when there are the legal teams that have their own interests. >> it sounds like from what you said in addition to the financial costs, there was quite a personal cost as well. can you say a little more about carter and how he survived these ten years? >> so carter really didn't survive in the industry at all. one of the things that is important to understand is that when we have a culture of very, very broad contracts that curtailed the ability of movement of people, , creative people in the industry, it's not only that it chills the likelihood of them actually

and the reason why we lost was basically they said the ninth circuit said that this was regulating a profession, that there's, which is not a doctrine that the supreme court has recognized, that government has the ability to regulate professions that are compiling free speech andthey even , even though this is a clear content-based exclusion where the supreme court in another case that we won a few years ago in the town of gilbert case said any content-based exclusion always gets strict scrutiny. the ninth circuit said yeah, there's that town of gilbert case that the supreme court said but we have ninth circuit president that gives us a more permissive standard and that's what we're going to use. and i think that also might have been a reasonthe supreme court took the case . >> any questions? in the back? >> i'm andrew hamm. i'm also not a lawyer for this question but could california just say okay, everyone has to post the notice whether you perform abortions, participate in the program, everybody has to post a notice. does that then take away the target? >> that might be a differen

the administration is appealing lower court rulings to the ninth circuit the same court that block the president's controversial travel ban that would deny entry to people from mostly muslim majority countries it's really sad when every single case filed against us is in the ninth circuit we lose we lose we lose and then we do fine in the supreme court but what does that tell you about our court system the supreme court announcement is a victory for roughly seven hundred thousand dreamers. for months they've been demanding congress act to protect them from deportation but congress has failed to come up with a solution the white house says it's not giving up but that legal process could take months leaving the ultimate fate of dreamers uncertain kimberly health kit al-jazeera washington so ahead on the program. so you're right to be martha kearney killer like left. an emotional a pale eyes and sang sea cheese fellow female nobel peace laureates visit bangladesh to meet rangar refugees. in two weeks after a mass shooting as a florida school teaches return to what but questions remain a p

the administration is appealing lower court rulings to the ninth circuit the same court the block the president's controversial travel ban that would deny entry to people from mostly muslim majority countries it's true shared when every single case filed against us is in the ninth circuit we lose we lose we lose and then we do fine in the supreme court but what does that tell you about our court system the supreme court announcement is a victory for roughly seven hundred thousand dreamers. for months they've been demanding congress act to protect them from deportation. congress has failed to come up with a solution the white house says it's not giving up but that legal process could take months leaving the ultimate fate of dreamers uncertain kimberley health get al-jazeera washington noways mark the tenth anniversary of the so-called doomsday seed vault by promising to spend thirteen million dollars upgrading at the facility acts as a security for the world seed stock in our houses just under a million samples after receiving seventy thousand new crop varieties on monday the global se

when he talked with the governors going off on the ninth circuit, it's about the worst you can get. listen here. >> i mean, it's really sad when every single case filed against us is in the ninth circus, we lose, and we lose and we do final in the supreme court. what does that tell you about our court system? it's a very sad thing. so daca is going back and we'll see what happens from there. >> all of this likely renders that march 5 deadline is moot. if the federal court is prohibiting the white house from removing protections for daca recipients, the deadline should come and go. there's no particular appetite on capitol hill to fix daca anyways. >> before we go, one more news item right now that is washington related. i understand the president and the mexican president had a bit of a testy phone call. now president pena nieto is not coming to washington. >> yes, this phone call happened and it was a conversation about the wall that caused a rift between the two. don't forget the two met during the campaign. i got to go because sarah is here. welcome back. >> i'm happy to tag in. y

the petitioners asked for a rare hearing which would skipped over the ninth circuit. it comes one week before the president's march 5th deadline to reach the status of hundreds of immigrants brought as children. they told the ninth circuit the lower court will proceed expeditiously to decide the case. >>> the federal government is working to replace a section of wall on the california border awarded by trump administration. the two-mile stretch built in the 1990s in calexico and the president is planning to go to san diego to see the construction first-hand in mid march. >>> the attorneys general from texas and wisconsin want a new legal assault on obama care and are going to break some news here live. >>> one politician could be guilty of obstruction of justice. and this time it's the democrat in california snubbing a party icon. will it help or hurt the party. >> shannon: this is a fox news alert two states suing over obama care and got rid of the controversial program for good and possible because of the tax bill that just passed congress. leading the charge, texas

way through the appeals courts say the administration is appealing lower court rulings to the ninth circuit the same court the blocked the president's controversial travel ban that would deny entry to people from mostly muslim majority countries it's really sad when every single case filed against us is in the ninth circuit we lose we lose we lose and then we do fine in this. sure but what does that tell you about our court system the supreme court announcement is a victory for roughly seven hundred thousand dreamers better for months they've been demanding congress act to protect them from deportation but congress has failed to come up with a solution the white house says it's not giving up but that legal process could take months leaving the ultimate fate of dreamers uncertain kimberly health kit al-jazeera washington. now drivers of diesel cars face bans in germany the federal administered of court backed lower court rulings that cities can impose bans to tackle air pollution environmental campaigners of soon dozens of german cities arguing they have a duty to protect health the ruling c

field should ninth circuit one day of these amazing nationwide of except maybe for food us i give the kid some months really good to get some time out from the gun can look good feel moment of all that fits that outside my father of us one taught. mind and what almost it's like lime green the one jeff largely woman it's so cool and the most as a child and really done walk. under. one document on to sleep the. more devices up to that's been. documented for minutes so confident us what is a yes. this is the end result mention from the entitle him to tough and some million only isn't much on. titles for the end as the size and image and almost any fun it's all on does off as it isolated yamin puppy closes had. this is not titles as of. today they say our parents had no idea of what they were getting themselves into my side. the documents. this deal also want to see it on the it on board is all about interest groups organisers nor. the amount of compensation under discussion during the scandal is approximately one point five billion dollars marks. i do not need you in the market. as a spi

he needs a favorable ruling from the ninth circuit or the supreme court to take his case. >> under then daca will expire march 5th. jillian: mitt romney getting huge endorsement from washington, donald trump tweet searching his support think will make he will make a great senator and worthy successor to orin hatch and has my support and endorsement. romney thinking the president adding, quote, i hope over the course of the campaign i earn the support and endorsement of the people of utah. romney was quick of the president during the 2016 election calling in the fraud. rob: north korea could be planning to blackmail the us out of billions of dollars, senior national the officers worry once the rogue nation becomes capable of striking our territories they could try to extort washington. >> a range of things, everything from financial chaos, north korea feels entitled to reparations, everything from losses during the korean war through sanctions imposed on north korea since 1953. rob: donald trump and insisted we would not let that happen. jillian: rolling out the red carpet for ivanka tr

almost as bad as the ninth circuit. nothing is as bad but almost. speaking of that, daca will be put back in the ninth circuit. we tried to get it moved quickly. we would like to help daca. i think everyone in this room want to help with daca. but the supreme court just ruled it has to go through normal channels so it is going back in and there won't be any surprise. it is really sad when every single case filed against us is in the ninth circuit. we lose, lose, lose, tlen fine under the supreme court. but what does that tell but our court system? it is a very, very sad thing. so daca is going back and we will see what happens from there. so we want fair trade deals. we want reciprocal trade deals. scott walker has a wonderful company called harley-davidson in wisconsin. right? great. when they send a mote psych toll india, for example, they have to pay a hundred percent tax. a hundred percent. the prime minister who i think is a fantastic man called me the other day, he said, we are lowering it to 50%. i said, okay. but so far we're getting nothing

it's almost as bad as the ninth circuit. nothings as bad as the ninth circuit. [laughter] docket is going to be put back into the ninth circuit. we tried to get moved quickly. we would like it to help -- we would like to help daca. the supreme court ruled it has to go through the normal channels. is going back. it is really sad when every , in the ninthle circuit, we lose, we lose, and we do fine in the supreme court. what does that tell you about our court system? it is a sad thing. daca is going back. we will see what happens. we want fair trade deals. we want reciprocal trade deals. scott walker has a wonderful company called harley davidson in wisconsin. when they send a motorcycle to , they have to pay 100% tax. i thinke minister, who is a fantastic man, called me the other day. he said we are lowering it to 50%. ok, but we are getting nothing. and they think they are doing us a favor. that's not a favor. is a great company. when i spoke with your chairman of the president of harley, they were not asking for -- they have been ripped off so long they were su

i fully expect that the ninth circuit will reverse the lower court. i'm very hopeful about that. let me just say more generally, i think it would be great idea if we got rid of the common carrier exception from the ftc act entirely. >> that was my next question. i hope my -- all of my future commissioners will agree on that point and the appeal of the ninth circuit. i'm assuming by your nodding that you agree. >> i would also add that bipartisan commissions over many years as well as the ada antitrust section and others have advocated for repeal of the common carrier exception. that seems like a good whale -- way to ensure it's a level playing field.>> speaking up bipartisan, mr. simon, there is a potential future chair, would you agree that the commission should consist of 5 commissioners, not just 4 and that it should be bipartisan?>> do you agree? >> yes i agree, senator.>> mobile cramming, as you know, the unscrupulous practice of wireless carriers allowing third-party charges onto monthly bills without authorization by consumers and in many cases without consumers receiving

kism and concern and i would also add that given ongoing litigation and rule technician in the ninth circuit ftc may face unlevel playing field where some major parpghts are exempt from the commission's authority while others are subject to it. >> this assignment so you agree with mr. sweeney? >> thank you senator. my view if it gets back its authority in the internet space is going to be a vigorous enforcer and we're going to take the statutory authority and use it as best we can. i don't know exactly what types of competitive or deceptive unfair practices may come up if those come up we can reach them under our statute and if we don't i would certainly come to you in the committee to talk to you about -- legislative. >> federal trade commission lacks rule making authority in the federal communications does have rule making authority to prevent blocking, an paid prioritization so you do agree with that? >> we both have rule making and they're different types of rule making but in terms of being able to deal with those issues of throttle, pads and blocking you don't have that authority. >> i

he blames her recent ninth circuit court ruling that prohibits dhs from holding children for months or longer until their asylum hearing. the president was a policy to change that. >> it finally ends the horrible and dangerous practice of catch and release. >> the ninth circuit ruled unaccompanied children are entitled to a bond hearing and must be placed in the least restrictive environment available. critics say catch and release policies incentivize more illegal immigration. >> bret: thank you. u.s. oil production has topped 10 million barrels per day for the first time since 1970. that is according to the energy information administration. this occurs as opec nations of her and their commitment to supply cuts in order to stabilize prices. price of a barrel of crude oil is just under $70, and the nationwide average here in the u.s. for a gallon of gas: $2.60. stocks mixed today. dow gained 37. a summary of a hundred drop 2. nasdaq lost 26. residents in the pacific northwest may soon be paying a lot more in taxes to fight a man-made climate change process which many people say has ne

the ninth circuit that would normally hear the appeal will now hear that appeal. we can expect a ruling from them at some point this year, probably in a matter of just a few months. it could well be on the supreme court docket in its next term, the term that starts in october. or we could have a political solution to that, ending the fight without the supreme court in involved. explain to us the lower court pass reasoning behind blocking the measure to let the daca protection expire? is that thehey said administration's expedition for wasn't enough. the explanation was that there were some court rulings earlier on a slightly different program ruling, dapa, and that those rulings had said that the president had suggested that the daca program was illegal. that was the rationale that the trump administration used. that because of those court decisions they thought it was probably illegal. the lower courts basically said that that's not a good enough explanation. it may be that you have the ability to end the program, but not for that reason. david: finally, does thi

the night court -- the ninth circuit court of appeals says it does not the due process rights of a landlord. there were concerns that landlords were pressuring tenants to take buyouts to get around rent-controlled restrictions. the law requires landlords to inform tenants of their rights in a buyout. it allows attended to back out of a buyout deal. >>> the city of san francisco is suing the state of california over state law that lets drivers drive anywhere in california with a single business license. image drivers from outside of san francisco do not need local business licenses when they are operating. the law prevents san francisco from getting money that they could use for maintenance and traffic costs. the city attorney says that almost every other business that operates in san francisco is required to have a local license. >>> the trumpet ministration has supported oil trinity off of the california coast. >>> you can see that we are off to a decent start on most freeways. it is nice and light on the san mateo bridge. >>> skies are clear. we had another day of record highs yesterday.

the supreme court did direct this court and the ninth circuit to reach a decision. that is what the court should do, respectfully. the second reason -- >> you began by saying this proclamation continues to practice a band proxy by nationality. this is different than it is on the face of it, the proclamation began not just with muslim majority nations but all 200 plus nations and winnowed its way down to these similar results with respect to these prior executive orders. why doesn't that make a difference in the sense that it did not begin as a proxy by nationality bands? >> the government conceded just now we should not be surprised we ended up with 5 of the six countries that were banned once again being banned under the proclamation. that is because even though the president directed this worldwide review of each country, what he did in section 2 e of the eo 2 was to say give me the list of your countries and in the design of the study -- >> he ordained the necessity of a list, he was not going to be satisfied of the department came back and said can't find any? >

nothing is as bad as the ninth circuit.peaking of that, daca will be put back into the ninth circuit. i think everybody in this room wants to help with daca, but the supreme court ruled that has to go through the normal channels so it's going back in. there will not be any surprise. it's really sad that every single case filed against us is we lose, we lose, and then we do fine in the supreme court. what does that tell you about our court system? it's a very, very sad thing. daca is going back and we will see what happens from there. deals.ant fair trade we want reciprocal trade deals. scott walker has a wonderful company called harley davidson in wisconsin, right? great. --n they send a mortal cycle motorcycle to india as an example, they have to pay and 100% tax, 100%. who i thinknister, is a fantastic man, called me the other day and said we are lowering it to 50%. ok, so far we are getting nothing. he gets nothing and they get 50% and they think they are doing us a favor. that's not a favor and you know what i'm talking

supreme court keeps daca in place for now and sends the case back to the ninth circuit court of appeals in san francisco. >>> time is 4:11. the pentagon confirming the first transgender recruit is under contract to serve in the military since a federal court blocked a ban by president trump. in july of last year, president trump said he would prohibit transgender people from serving in the military. a number of genders blocked the ban. they have to meet strict criteria, including certification by a medical provider about the status of their health. there have been estimated that 4000 transgender troops are already in the u.s. military. >>> 20 states are suing to end the affordable care act. if the lawsuit is arguing that it is no longer constitutional since the individual mandate was eliminated. the supreme court has ruled twice that the law is constitutional. almost 12 million people recently signed up during the last enrollment period. >>> president trump is heading to california to see the prototypes for a possible border wall. the washington post reports he is coming in mid-march to

the supreme court has agreed to hear an appeal from the ninth circuit in san francisco. the justices will take up the case in april. >>> a bay area athlete made olympic history. 17-year-old figure skater vincent joe became the first to land a quadruple lutz. he received his highest score of the season. he is in 12th place ahead of the free skate competition. he told reporters he was telling himself to remember to breathe. he did. >>> here is the latest medal count. norway, 19 medals followed by germany, canada, and the netherlands, and then comes the u.s. with eight medals, including five gold. hopefully, i'm not ruining anything. south korea got the first medal in skeleton. and it was gold. the crowd went crazy. >>> heroes on a bay area freeway after a car burst into flames in the east bay. we'll tell you how good samaritans jumped into action and saved a driver's life. >> and a former friends star is splitting from her husband. the rumors that jennifer aniston may be kindling an old flame. >>> traffic is doing well on the bay bridge getting into san francisco. >> we're

it is almost as bad as the ninth circuit. ing nothing is as bad as the ninth circuit. daca is being put back into the ninth circuit. we tried to help it quickly. i think everybody in the room wants to help with daca but the supreme court ruled it has to to through the normal channels. it has to go back in. there won't be any surprise. it is sad, he have single case filed in the ninth circuit, we lose, we lose. we do fine in the supreme court. what does that tell you about the court system? that is a very sad thing. daca is going back. we'll see what happens from there. so we want fair trade deals. we want reciprocal trade deals. scott walker has a wonderful company called harley-davidson in wisconsin, right? great. so when they send a motorcycle to india, as an example. they have to pay 100% tax, 100%. now the prime minister who i think is fantastic man, called me the other day, said we're lowering it to 50%. okay. so far we're getting nothing. we get nothing, he gets 50, they think they're doing us a favor. you know what i'm talking about. it's a great company. when i

i believe judge hawkins pointed out in the ninth circuit 42 out of 43 past executive orders don't even have that. they are straight up indefinite and that's totally consistent with the language of the statute which is for such period as the president made the trip. the second point i like to make is on 1122, national discussion. the point of that statute is legislative history makes clear with the wipe out the national origins potus but it was not to restrict the ability of the president to make determinations about problems that make people ineligible to enter in the first place and that is the solution and the expiration why the cuban order wasn't invalid and why the iranian ordered wasn't invalid. it's not that there some made up emergency exception of the statute. the statute is not issuing immigrant visas not about people not eligible to enter the country in the first place. even if you thought there was some sort of made up emergency exception this proclamation should satisfy just as much the cuban proclamation. it involved a diplomatic dispute, breach that was demoted earlier in

the ninth circuit court of appeals in san francisco will rule on the case. >>> this is a really for the doctor recipients. and ruben tells us that dr. supporters -- and -- ann rubin tells us that da ca supporters report this.>> reporter: his protected status is about to end in the u. s. >> today, the u. s. supreme court decided not to hear the case to dismantle daca. he says it has given them such relief. >> it gives us a little bit more time to do advocacy at a professional level to develop a solution. >> reporter: they will send this back to the appellate level and it is something that will take time. >> it buys us a year of time. and again, if we could keep buying time, eventually, we may buy enough time for political change to come. >> reporter: and it is more time for daca renewals. there has been a mad rush to meet a march fifth deadline. the government will continue to accept these renewal indefinitely. >> temporarily it offers relief for the daca recipients. they now have some type of reprieve and they are able to continue the prop us -- the process. >> reporter: it still is a s

. >> the trump administration tried to go around the ninth circuit court of appeals in california but the supreme court handed him a setback that they won't touch it until the end of the appeals. it gave him a setback and gives a reprieve for daca now but some live in uncertainty. >> i studied and worked very hard ever since i got this country. just the uncertainty what my life might be tomorrow and my life is in then hands of these legislators, that they don't see us as humans, basically. >> the daca program will stay in place as the ongoing daca debate stays in the court system. >>> closer to naming its nine member board. the educational nominating panel voted on the 27 names they would submit to the mayor. the mayor has 20 days to make appointments and could request more names which would require an additional ten days for approval. >>> head over to the nbc10 app for a full list of the 27 candidates. >>> right now in old city, the entire neighborhood is feeling the financial burn from a massive four alarm fire that put businesses on hold. it was scheduled to be demolished this week