mark plaisance: i was at the balance of my time. justice: u.s., council. -- thank you, council. >> thank you, mr. chief justice. this court does have -- louisiana has upon fairly incorporated into its law a holy federal standard and in this court's decision with three affiliated tribes have most recently with ohio versus minor, the court has recognized that when the state has chosen to adopt federal law to guide the decisions and binds itself to federal law, there is a federal question. justice: they can change their mind, right? you said voluntarily chose to follow it, they can voluntarily choose not to follow it anymore. michael dreeben: the same is true in any michigan v. long case. it has jurisdiction under section 1257 to resolve state court resolutions of federal law and it will presume that a state constitutional decision of an image of the fourth amendment will be binding, that recognized that the only circumstance in which the court will not treat federal law as governing both questions is one the state makes clear that it

plaisance. >> mr. chief justice and may it please the court. miller versus alabama established a new substantive rule prohibiting mandatory life without parole for juveniles which should be applied retro actively. this court has jurisdiction to hear henry montgomery's claim because the louisiana supreme court relied exclusively on federal juris prudence. in miller this court held that mandatory life in prison was unconstitutional. it also held that life in prison would be an uncommon, rash sentence even today. >> isn't it just like a state saying, we have a fourth amendment, and the federal constitution has a fourth amendment. we are going to apply our own constitution, but in applying it, we will follow the federal precedent. i think we would say, in that case, the case has been decided on the state constitutional ground, even though the state court, in interpreting that ground, is looking to federal decisions. >> in this case, your honor, the louisiana supreme court did not state that it was exercising any independent grounds at all. under mi

the photographic record of the past is uneven, given to emphasizing certain plaisance, things, events at the expense of others, selected moments that flash up from the continuum of time. unlike writers or painters, photographers, in the era before computers, had to be in close proximity to their subject, such an observation seems obvious, but consequences are far-reaching. we usually unthinkingly visualize the civil war to the appearance of union activities and northern sites, rather than southern ones, giving little thought to the naval blockade of southern ports that made it difficult for seven photographers to make a visual record. similar sorts of visual inequities exist in the documentation of western american history. the gold rush california, attracting photographers who created a visual record in the 1850's that was far more extensive than contemporary records existing for arizona or new mexico, nebraska, or kansas. despite photography's affordability, 19th-century studio photographs favor certain social classes over others, leaving us with relatively few pictures of the urban

plaisance, you have three minutes remaining. >> your honors, i'd like to make two quick points. first of all on jurisdiction. resolving this case under teague avoids the serious constitutional question of whether due process requires retroactivity for miller. a second point on the merits. merrill said juvenile offenders should not have to die in prison with no chance for rehabilitation and no consideration of youth. that important rule changed the substantive outcomes available. indeed this court said that life without prison should be uncommon. the individual sentence before miller, there remains about 1500, deserve a chance at redemption. thank you. >> thank you, council. mr. bernstein? the court appointed you as an amicus curie to brief and argue this case against this court's jurisdiction. you have ably discharged that responsibility for which the court is grateful. the case is submitted. >>> every weekend the c-span networks feature programs on politics, nonfiction books and american history. tonight at 8:30 eastern on c-span, we're live from council bluffs, iowa, for a tow