schumer: it would be clearly longer than roberts -- much longer than roberts, but longer than alito, but alito had the thanks gichthanksgiving and chrs breaks that we were celebrating in that time. mr. kerry: there is no rationale here that we've seen for why this justice's entire record is public and pored over already, requires the longest judgment in history particularly given what is at stake. mr. schumer: i thank my colleague and i think his points are well taken. as i mentioned before -- as i mentioned before the bottom line here is any lawyer worth his salt, and there are many very qualified lawyers in the minority on the judiciary committee, could research this record within a month easily -- easily right now in the buildings here in washington and in the buildings in new york and in the buildings in birmingham, alabama, are lawyers who have far more extensive research to do and less time in doing it well. mrs. boxer: will the senator yield for a question? mr. schumer: yes. mrs. boxer: a very brief question because i know that we have to vote. i want to speak for a moment as

he joined the justice department in 1981 when rex lee, chief then john roberts, now chief justice roberts was a special tant to the attorney general. one of the things going on is judicial restraint, what can we do? what kind of arse -- arguments can we make, and standing was a big thing with rex lee, and there was john roberts as a part of that. and when he did become chief justice, one of the first opinions he wrote was a case against daimlerchrysler, and that ostensibly involved tax breaks, but it went off all about standing. and a very, very -- i think it was his first opinion or main his second opinion as chief justice. he wrote a very, very powerful standing decision going down various different bases for rejecting all of them. the other cases in the environmental area, and i'll do this brief because i know we're short of time. one way -- case was whales vs. sonar because of the damage the submarines might do to the whales. the next case was the tree huggers versus the loggers, and the loggers won. [laughter] the next one had to do with the use of the best available technology to po

there's roberts at third. he led off the inning with a single. 1-2 to huff is bounced foul. >> buck: we mentioned that ricky nolasco since he was demoted and pitched a couple games in triple-a came back with a much more aggressive approach. you can see that. he's using his fastball a lot more efishtly. we haven't seen the -- efficiently. we haven't even the -- seen the good curve ball yet. he wasn't pitching well when they demoted him. this is a guy who won 15 games last year for florida. >> jim: he's pitched very well in his last three starts. his e.r.a. in the last three combined 2.40. pitch outside. it bends around the plate. >> jim: that's the -- >> buck: that's the curve ball they tried to drop on the backdoor. aubrey huff gave up on t looked like this broke around the plate. a little bit high that. might have been off the plate as well. >> jim: nolasco has averaged eight strikeouts on the year. 2-2 on huff. again, sharmly -- sharply pulled foul. shelby has to get out of the way. dave trembley and the ori

then john roberts, now chief justice roberts was a special assistant to the attorney general. one of the things going on in the justice department then is judicial restraint. what kind of arguments can we make to the supreme court to advance our goals of encouraging more judicial restraint? and standing was a big thing with rex lee and the justice department, and there was john roberts as a part of that. then when he did become chief justice, one of the very first opinions he wrote on stepsively -- on extensively involved -- involved several things. as chief justice, he wrote a very powerful standing decision going down different bases for do all of them. i know we are short of time. one case was wales versus submarines. the ninth circuit issued a decision restricting the use of sonar by submarines because of damage to the whales. the next one was tree huggers verse loggers, and the loggers won. and the use of the best available technology to cool water that was being used for nuclear reactors and put back into the stream. that was best available technology versus cost-benefit

brian roberts looking to make itself consecutive games at the plate.es. brian is red-hot. orioles-mets getting set to play game one of this three- game interleague series. a lot of mets fans came down from new york today to see this game. stay with us now. gary thorne and jim palmer next. they'll have all the play-by- play as guthrie and the birds go against pelfrey and the mets. rick and i back on "o's xtra" post-game. enjoy the game. see you later. (announcer) you do have health insurance don't you? if you don't, now you're in luck. carefirst bluecross blueshield can cover you for as little as $75 a month. depending on the plan you choose. just call us at the number on your screen for the plan that's right for you. carefirst bluecross blueshield lets you customize coverage so you have an individual plan that suits you best. select a ppo or an hmo, add vision or dental-- you can design a plan that fits your budget and protects you even as your life changes. call us at the number on your screen and get this free information kit. when it comes to protec

brian roberts scores the first run.hen melvin mora delivered an rbi bathe base hit in the inning to make it a 3-2 game. chance for an insurance run here. uggla singles to right field, but nick markakis guns down jeremy hermida to end it and with the marlins threatening second and third and two outs, mark hendrickson comes up with a big strikeout of the catcher john baker and we stand at 3-2 as the marlins hit in the bottom of the seventh. melvin mora had two singles, an rbi. brian roberts a-double and a single and -- single and hanley ramirez, two more rbi's tonight. that came in the first inning off jason berken. hanley ramirez now with 42 runs driven in. hit total the same. error totals the same. orioles trail by a run as matt albers takes over here in the seventh. >> jim: so, albers becomes the third pitcher used by the orioles. a pinch-hitter will face him first for the pitcher's spot and chris coghlan and emilio bonifacio. veteran right-handed batter ross gload will pinch-hit for ricky nolasco. >> buck: ross gload

john roberts was a part of that. when he did become chief justice, one of the first opinions he wrote was a case dealing with dimer chrysler -- daimler chrysler. it was all about standing. i think it was his first opinion or second opinion as chief justice. he wrote a powerful standing decision going down various different bases for speeding in rejecting all of them. the other cases in the environmental area -- one case was where the ninth circuit had issued a decision that restricted the use of sonar by submarines because of the damage it might do to wales and the submarine's one. the next case was the one dealing with the loggers who won. the next one had to deal with the use of the best available technology to pool water. that was best available technology piccolo cross benefit analysis, which won. -- technology versus cost- benefit analysis, which won. the gold mining company case was also discussed. they were concerned about killing the fish in this case. was the thinking of them as bait rather than fish. they w

roberts scores. markakis heads for second base!les get a break. >> buck: yes talked about how well bonifacio had played in this series. that's an error. it will be his 13th error of the season as he bottled it, -- bobbled it, picked it up, rushed the throw. looks like nolasco was going to be out of the inning. bonifacio had it go off his glove, off his knee, picks it up, throws it in the dirtment cantu has it go off his knee. markakis reaches on the error and then goes to second base on the second error i believe. they could probably give them two errors on that play. >> jim: the angle of the replay we saw, if that throw is true, markakis is out because the throw without a doubt beat nick to the bag. >> buck: just give him one error. throws to second base on the overthrow. >> jim: now, huff stands at the plate representing the tying run. another runner in scoring position as markakis gets to second. curve is low. 1-0. aubrey last night at had his hitting streak altered. he was 0-5. as buck mentioned, it was almost unfair 0-5 includ

roberts takes it. 1-1. pelfrey has given up only singles and only two of those. 1-1 delivery on the way. almost looks like he's aiming a little bit there as the count goes to 2-1. >> jim: i thought that about maybe two hitters ago. we talked about everything is going really smoothly until something changes in the base -- and the base on balls has been the difference in this. it has create add situation where with one swing orioles can get back in the garrett. >> gary: 2-1 delivery opt way -- on the way. that's the one roberts wanted. he turns away in disgust. count goes to 2-2. brian felt he had a pitch there he could do something with. >> jim: that at that ball was thrown well because it had a lot of late sink on it. >> gary: mets lead it 4-0. bathe bases load. two ball, two strike count with two down. pelfrey's delivery and roberts goes down swinging! foul tipped held on to by schneider. no runs, one hit, no errors. three are left on base. it remains 4-0, mets. now that college is a few years behind me, i

doubles now for brian roberts.t looked like it might have been a changeup. he was out in front of it a bit and slashes it by emilio bonifacio. the day off doesn't seem to affect brian roberts one bit. >> jim: so much for that theory. five straight games now and he gets on base. the orioles have a chance to get koji uehara the lead now before he takes the mound. nick markakis. nick is bat fling the two spot there is a pitch that is a wild pitch and that will allow brian roberts to go to third as john baker could not keep that in front of him. so the orioles now a runner at third and nobody down. >> buck: this is the problem with the young pitch here has good stuff. that ball, no chance at all for the catcher to make a play on that. john baker just couldn't do anything with it. it hit so far in important of and wide of home plate. he couldn't even put his glove on it. >> jim: 1-0 on nick markakis. miller will stay from the stretch with roberts at third. high fly ball left field. back on it is coghlan. near the warnin

robert andino. up with the marlins and he played shortstop a lot in 2005, and jorge cantu giving him the business. but once they got hanley ramirez, his shortstop days were over. gip hanley ramirez on the mound. the shortstop signaled to the bench for the trainer to come out and the marlins' trainer and manager fredi gonzalez are coming out to check on nunez. >> buck: this is not a good sign anytime you bring the trainer with you and nunez is obviously feeling some discomfort. he is not sure where it is, obviously, but fredi gonzalez is going to take him out of the game. >> jim: so nunez will leave. he has faced two batters. the home run by wieters and a line drive single by robert andino. and a pitching change here because of injury in the eighth inning so wieters gets it started, the orioles batting in the eighth.

and while justice roberts had not -- then judge roberts had not decided as many opinions as judge and while justice roberts had not had as many opinions as judge sotomayor, he had been in a political policy position in republican administrations for years before, and there were 7r5,000 painls of documents -- 75,000 pages of documents. in fact some arrived almost on the eve of the hearing itself. that judge replaced justice o'connor who was the pivotal vote on the supreme court. now, if something that significant required 41 days and democrats and republicans were in agreement they were prepared for that hearing, certainly that is a precedent that says we have more than adequate time to prepare for the confirmation hearing for judge sotomayor. i'm trying to be fair to all concerned. i want to be fair to the nominee. allow her the opportunity to respond to attacks made to her credit. it is not fair for people to call her a racist and equate her with people from the ku klux klan, an outrageous zamente from republicans and democrats, but she can't speak to it until she's in the hearing. i

we are in the fourth year of the so-called roberts court. there is the convention of calling the supreme court by the name of the chief justice that is deceptive. we have every reason to think this will be the roberts scored in every sense of the word, but a is a young escort yet. i want to provide a little historical context at the outset. it struck me, and i checked this out, this week it has been 40 years since earl warren last served on the supreme court. his last day as just as was 40 years ago. some remember his court personally, others have read about it, but we remember it as being uncommonly active trade judicial activism is a term that comes to mind. john marshall harlan, who was on the supreme court, was often heard to complain that the court seemed to try and find a constitutional remedy for whatever the country's problems might be, and was not happy with what he saw as the courts stepping in to solve those problems when other expenses of government appeared not to be willing to act. archie cox, a scholar, made the comment that h

it is a time well shorter than that of justice roberts, now chief justice roberts, and we have a need to move that a bit because he was confirmed, as it turned out september 29, a couple of days before the new term began, and hes was going to be chief justice, but the last nominee, whose ord was much like this nominee, justice alito, was coming up in december, and the democratic leader then on the judiciary committee, senator leahy, asked that it be put off until after christmas, and the republican chairman at that time, senator specter, despite president bush's desire to move forward, he said no, i think that's an unreasonable request and we put it off. it was some 90 some odd days before that confirmation occurred, and well over 70 days before the hearings began, so i just want to say, mr. president, first and foremost, we are committed to giving this nominee a fair, good, just hearing, but to do so, it requires that we have an opportunity to examine her record of some 3,500, probably more than 4,00 cases. in addition to that, she has give an lot of speeches and written law review

roberts and markakis will follow. a base hit he picked newspaper philadelphia last week. he hits that down the line. it is a foul ball. just did hook foul. >> buck: that one didn't feel good. look at his hands. they don't hit that often. if you go up there without that pair of batting gloves on, you can get blisters in a short amount of time they swing during batting practice. >> buck: he b.j. uptoned it foul. got a piece of paulino the catcher. not a bad idea. bonifacio was deep at third. sean west has two wins in this his rookie season. he is 1-1 in his starts against the a. l. east. he beat toronto but lost to the yankees. this is his third start in the a. l. east and it will be his last. tampa bay will be hosting florida beginning tomorrow night. the marlins final three interleague games. ground ball towards third goes foul. that looked like an inside-out swing. >> buck: no, that looked like self-defense. [ laughter ] >> jim: come on. work with me here. >> buck: that is in the by design. watch this. get out of the

so roberts retired on the long fly ball out.andino will move over to third and there are two down here in the 8th inning. there's the bobblehead given away to the first 25,000 that were in the ballpark here tonight. a great collector's item. he'll get one more shot at it here. he started the day 7th in average in the league. there are some of those bobbleheads that will be taken home as souvenirs tonight. >> jim: if you can blow bubbles when you're hitting, when you're running the bases, you're not uptight. that's the way you want to play the game. >> gary: he does that. >> jim: they tell you if you throw the ball, don't put a death grip on it. blowing bubbles, maybe that's adam's way of relaxing. it's worked so far this year. >> gary: sure has. he's got a three-game hit streak. a walk and a run scored. that will even up the count on the foul ball. >> jim: there's been a tendency just to chase a few pitches out of the zone. if you take that pitch, you're going to be hitting 2-0. if you swing at it, it's 1-1. >> gary: andino off

you see roberts striking out.arkakis, and at this point i thought this was going to be one of those 3-2 ballgames. but in the fourth, aubrey huff singles. the ball hit to left field on the line and willingham juggles it out. there huff would not have scored on that bam. he was charged with an error. mora then comes up and a shot single and mora sing ts to right. wieters walks, an then andino finally grounds into a double play. none of those balls were rockets, except the ball to left field. the hardest hit ball in that inning was a ball that was hit by huff. but finally get the double play there. the fifth inning, cruised through that. sixth inning, base hit. reimold up the middle. a ball hit fairly sharply. and then scott singles to left. and blooping it over to shortstop. nine hits, and five of them were of the soft variety, but they count and he ended up with an early shower, five innings, five earned runs and i'm going to let you handle the rest of it, thanks a couple of walks and three strikeouts. 35 for ball

that senator went on to vote against roberts. the senator i quoted is now president obama so it will be interesting to see how senators treat the situation when the shoe is on the other foot and you have a nominee who has excellent credentials and no doubt many senators who disagree with phil softically. i think it will be interesting to see how they handle that in the weeks ahead. i would like to talk about judge soth's introductions. she had -- i had five appeals and ran a branch that had hundreds of cases before her so even prior to her i spent a fair amount of time thinking about judge sotomayor. she was on my mind and in the last few weeks i was spent a lot of time in her opinions. of course it is always difment at this stage to predict with 100% certainty how a sitting judge would act if confirmed to the supreme court. that's so for a number of reasons. one is that of course you are dealing with a number of small sample size in a sense that it's not as though she has had dozens of decisions addressing the abortion issue, gu

john roberts, chief justice roberts in the earlier voting rights case, and i think it was his first term, said something that it is as sorted business -- it is a sordid business to be beat up by race. then in the seattle and louisville cases he said the way to end discrimination on the basis of race is to stop discriminating on the basis of race, so he feels pretty strongly about that, and he's got colleagues on the court that feel pretty strongly about it, too i feel about the narrowness of the northwest austin decision, one of the those april arguments where there isn't much time to get everything done. they have got to get everything done by the end of the june. the strip search case, which we're going to come to later was also a late april argument and the tenor of the oral argument was a lot different than what the decision came out. you look at those two cases that looked like they were compromises because it might have been hard to achieve a five-vote majority and write a powerful opinion, sweeping broadly and so, the court found a narrow ground in each case, in the strip search c

we are now in the fourth year of the so-called roberts court. there is the convention of calling the supreme court by the name of the chief justice that is sometimes a little bit deceptive. we have every reason to believe that this will be in every sense of the word the roberts court but it is a yupg court yet. i want to provide historical context at the outset. it struck me that, and i checked this fact out, that this week it has been exactly 40 years since earl warren left the supreme court, his last day as a justice was exactly 40 years ago. we still remember the warren court. some of us remember it personally. others read about it. we remember it as being an uncommonly active court, judicial activism is the term that often comes to mind. john mar hall -- john marshall was heard to come main that the court really seemed to find a constitutional remedy for whatever the country's problems might seem to be, and he was not happy with what he saw as the court stepping in to solve those problems when the other branches of the government appeared no

the roberts amendment. the roberts amendment. let me just say, senator, we've had a good debate about this and discussion going back and forth and unfortunately, we haven't resolved this despite the fact that this is some common points of interest in all of this, but this is -- to move the process along and we'll have to come back to it and i realize there are a whole host of amendments that i hope you can clean up by this and over the evening we weren't able to come to the understanding that would allow me to agree on language with this which is unfortunate and in that case we'll have the pending businesses and the roberts amendment and we'll have a vote on that and i'll encourage the participants in this discussion debate to spend time over the weekend to come back and see if we can't do something to correct this and in order to get to other matters in the quality area, this whole section we'll deal with now and i'll encourage further consideration and discussion. leave it that way. >> if there's the poss

robert andino. lead.  that one bounces off the bat, nice play andino. but the throw is in the dugout, and another base t will be a throwing error, and beltran is going to go down to second ba. >> jim: i don't know how the original hit will be, up the middle, nice range, trying to get his bearing, and normally, it's a tough play, because the ball stays down. he drops his arm a little, and just doesn't have enough on it to see where it bounces. and the, kind ever the swirl with the love by wigginton. >> gary: a straighter call, to baser on andino for the moment, and that puts a runner at secd base, the potential tieing ru. and here is reed. he struck out in the 1st. wright gets another shot at it here. >> jim: let's see what his approach it. comes in leading the national league in hitting. .397 coming in. good right field hitter. >> gary: orioles have been working inside to him, tryingo prevent him from extending his arms, and he's had some troube w

andino to roberts to end the inning. now that college is a few years behind me, it seems i've got three times the bills i used to. and they're getting in the way of things i'd like to do. with the money bar, i can move my money around instantly, so when there's more bills than usual, it's no problem. and i use the wish list to put any extra money aside for anything i want. being in control of my money feels good. introducing the virtual wallet from pnc, a high-definition, online view of your money. pnc. leading the way. >> jim: matt wieters going to hit his first major league home run. it looks like a fly ball and just sails out of here. great plate coverage. the man will give the orioles a 3-1 lead at the time. not only his first one, but an important one. >> gary: luke scott will lead it off here. a 3-2 ballgame with the orioles on top. scott, a strikeout victim his first time up. and a check swing foul ball. interleague play for luke, this is the 36th game. in interleague action. the orioles have had tough numbers ove

roberts can do this in his sleep.d wieters is going to score easy as andino goes to third. and roberts at second. >> gary: brian coming in third in the league in doubles. he picks up the rbi. the orioles get the 2-0 lead, still just one away, and two e still in scoring position. >> jim: and they are going to bring the infield in for thy with the best numberses with guys in scoring positions. will take the pitch from hernandez away, so he has the big advantage going with the infield drawn in. >> jim: the first six orioles tonight in the lineup have batting averages over .300 wih runners in scoring position. and adam leads the pack. i said it's simple. you're struggling a little bi, expanding the strike zone, and if you swing at balls, that's what you're going to get. he said i know. that's what keith hernandez said. the swing looking a little , and it always looks long if you're chasing balls. especially with the power arms that the mets have shown in te couple of games

hard slider to robert andino. andino is 0 for 2, a fielder's choice and has struck out. 31,906 the announced attendance. they're seeing a heck of a ballgame tied up here in the bottom of the sixth inning. throw over again. reimold back to the bag. one down. parnell is a flamethrower. even the breaking balls that he throws tend to be really hard, like that slider you saw. 33rd appearance, he's done a lot of work. here's the 1-0 delivery. check swing and a ball inside. a strike called. that was close. >> jim: last year he was 10-6. then went up to triple-a, he was with the mets for five innings at the end of the year. but he does have an awfully good arm. >> gary: taken in the air to center field. beltran is there and he's got it. and there are two down. >> jim: the mets come in with a 3.18 e.r.a. that is the best in the national league. their e.r.a. at home and on the road a lot different, because we told you, citi field is not like yankee stadium. good place to pitch. >> gary: the runner at first, remains there, t

recognizable way by the roberts court? 10th, what about the interplay? this is a question going back to the warren court. the difference between that cord and the democratic legislative process? . finally, this is to borrow a lay description, is it possible to talk about the roberts court as being pro business? is it possible to say it's not very friendly to environmentalists? what would one say about questions like that. no one is obliged on the panel to speak to any or all of those questions, but they're the kimes of themes that might emerge. we're going to sort out some of the main areas of court's work this term. i hope you will understand we feel no obligation to talk about everything the court did. we simply can't do that. we have picked a few areas that we think are interesting that we hope you'd like to hear about. the one we want to start with is actually the one the court hasn't fully answered yet and that is civil rights and voting rights. we were all rating for the new haven firefighters case, which will come down on monday. but we're going t

brian roberts will score. orioles down 3-1. >> the orioles had this opportunity right from and melvin mora with a ways hit -- base hit to left field. orioles are -- orioles are tightening up the score right here. nick markakis around. orioles pull to within one run of the marlins with this base hit to left. >> marlins get another run in the seventh inning. emilio bonifacio. matt wieters throws the ball into center field and bonifacio is going to score all the way from second. >> felix pie kind of goes to leap sleep a little out there in the outfield. right away, bonifacio takes advantage of it. gets that one extra step that allows him to score and marlins go on to win this game 5-2. >> five runs, 11 base hits for the marlins. nolasco gets the victory. he came into the game with a 7.15 e.r.a. save goes to mier. berken one win and four losses. he deserves probably a better fate. he got into a hole in the first inning. brian roberts 2-3 performance including a double. melvin mora drove in a run and orioles wound

so when john roberts talks about consensus and unanimity one way of speaking about that i think is a way of minimizing the influence of anthony kennedy. and that is in everyone's interest. as linda pointed out, liberals really on the court and again using judicial conservatives have no more interest in arguing over justice kennedy like the human shambala and the conservatives do because there are going to lose pierre already they have been with conservatives 11 and liberals five times, does annoys me the conservatives happy but will go with them more often than not. so if you are the chief

being an average white guy, does that make her better than roberts? that does not exactly make me feel good to if you're a sitting judge say that. but do i think that in her heart she hates white people? no. i think it was a misstatement and needs to be corrected. there is no doubt in my mind, she was a good person. i will leave it to her. i will not put words in her mouth about this. you need to ask him -- her. you need to ask her. i did not ask for an apology. you need to ask her. >> can you give us a sense of what conversations are like now between yourself and the judiciary? >> what i've got to decide is what standard and i going to apply, and i think that is laid out pretty clearly. >> [inaudible] >> she has still got some mountains to climb. one, like looking at her cases and having five men and about her record. she has been in this world when, and so alive -- a whirlwind, and so have i.. the only reason you would not vote for someone who lost -- who was voted for by someone you lost too, was because she was not qualified or did not have intell

here is roberts. here is a foul back. 0-1. so the orioles through the first seven innings against andrew miller, one run on one hit. in this inning, three consecutive hits. >> buck: they're thrilled miller is out of the game. 0-1 on roberts. lined down the right-field line foul. that goes into the bullpen where sanchez was getting loose. it nearly hit sanchez. >> buck: it really did. somebody yelled look out and he accept stepped out of the way just in time. sanchez is likely getting loose just in case adam jones' at-bat is critical in this inning. markakis is on deck aleft- handed batter. the ball knocked down by john baker. brian, 1-2, and he has also walked. here is andino at third and salazar at first and still nobody on. >> buck: brian has hit two bleats leer tonight. he lined out right at the left fielder in the second inning and he walked in the sixth. >> jim: inside, ball two. brian roberts has a tremendous batting eye, even when he is down in the count, buck. he rarely chases. if you're going to try to make him chase,

roberts, huff and he dropped it! it is a fair ball! two runs have scored! third error of the game on the orioles and more unearned runs. >> jim: that is a ball that brian roberts just has to run aubrey huff off of. he was coasting. he's got -- it's a tough play for a first baseman. easy play for a second baseman. obviously, huff is a bigger guy, but brian could have easily caught it and i suppose that aubrey could have too, but that's a tough play over your shoulder. >> gary: jim, i agree. brian roberts has just got to get there and make that play. >> jim: he could have been there easily. he has to run him off i got it, i got it. again, communication. we saw it saturday night. you know, obviously it's something you can't anticipate. you're playing the game. it's just an easier play for the second baseman. >> gary: wow. >> jim: aubrey again first year full time at first base and that's a tough play. >> gary: baez wants to set it will down here. runners on at first and third, two runs in. 6-2 lead. the runs -- anything scored here now is going to be unearned

brian roberts.l league teams when they goo on the road to the american league cities, it mean as bench player gets four at- bats and they thrive on that, happy to be in the lineup. brian deep to left. that ball is hooking back and will be fouled. he got a lot of it but it will be a souvenir to one of the fan whose can get to it. >> buck: brian is swinging the bat with an awful lot of confidence right now. he had a home run in saturday night's game that was the game winner. he gets out in front of this fastball a little too quickly and hooks it foul. >> jim: the line drive to left and coghlan and he has it for the out. so playing shallow, that ball hung up long enough and the orioles go three up, three down for a second straight inning. the middle of the third, 1-0 o's. it's on. - it's on. - oh, it's on, all right. - it's on. - it is totally on. jimmy, it's on. it's on. oh, yeah, it's on. pilot: affirmative, it's on. you have high blood pressure... and you have high cholesterol. you've taken steps to

justice roberts was confirmed, i believe, on the 29th of september, and that was four days ahead of the time i think he needed -- or two days. the court reconvenes on october 5. and, therefore, i see no reason why to do this right we can't have the nominee, if this nominee is confirmed, confirmed by the time that the october term begins. so i say to my colleagues, let's do this right and not try to push things beyond the point that is appropriate under the circumstances. the presiding officer: the senator from alabama. mr. sessions: i thank senator kyl for his leadership on this committee. he's one of the senate's great lawyers. i appreciate his insights, as we all do. i would just note i think this rush is ill-advised. in truth, the white house was determined to get the nominee's questionnaire to the senate in a hurry, and there are a number of cameras and crews and press releases that went out when boxes were delivered. but in many ways the questionnaire was incomplete. the result, i think, of that kind of rush. the nominee failed to provide sufficient details that were required by th

>> that's roberts number two. we accept murkowski three, four and five related to indian health, 60 and 61 also on indian health, roberts number two on unique characteristics. they're telling me how i should talk. i'm 72 years old. i did pretty good so far. roberts number two as modified. we're going to take the rural and low volume hospitals. so we've got those done. so that's two, four, six, eight, ten, we have cleared 11 amendments and we're going to be looking at a couple of others during the break related to hatch and murkowski. >> i actually counted, i have three, four, five, 60 and 61, roberts number two, and i have enzi number 10, 11, 12, 15, 6 and 96. did i miss one? >> 10, 11, 12, 15 and 96. >> and 96. but i was right on the other ones? three, four -- >> yes. >> that's one, two, three, four, five, six, seven, eight, nine, ten, 11. >> yes. we have agreed. >> 96 is a good one, too. we'll talk about that some more. >> pardon me? >> number six is a good one, too. we'll talk about it. >> murkowski number six.

roberts. rodriguez delivers. slider. nasty bite is in there for a strike. >> jim: how about the 3-2 breaking ball. you really cannot throw a better breaking ball. that was the one you'd like to obviously throw when the count is not 3-2. brian not a lot of success off of rodriguez. nine lifetime answers -- at- bats, a couple of hits. >> gary: 0-1 count the delivery to him. brian towards second base. castillo hayes got it. cora will have nowhere to go. run scores. they get the force out on pie as luke scott will cross and the orioles make it a 6-4 ballgame. roberts on the fielder's choice. now runners on at first and third, but there are two down. >> jim: yeah, at this point mets are trading outs for runs. the guy that they're concerned about is brian roberts. now, here we go. the ability to steal a base. you also have a guy that can hit a home run at the plate. i can't imagine he's going to run. >> gary: no, no. you can't take that chance. >> jim: we'll see. >> gary: not when you have jones and

andrew miller well after the roberts' era.he went to north carolina and became the number one pick as jim mentioned, of the detroit tigers. >> jim: one thing andrew miller has not done well this year, nor have the marlins, is curtail the running game. roberts doesn't go. there is is a bouncer toward short. ramirez towards second. there's two and there's the inning, 6-4-3 ends the inning and the walk does not hurt. so markakis bounces into the twin killing. the bottom of the sixth coming wi up s mca1-1 game. or possiblé. here you go. thanks! cubiclé. if you haven't tried a mocha yet, mccafé your day. ♪ ba da ba ba ba >> jim: join us for more ac tomorrow. coverage on masn begins at 6:30 with "o's xtra" presented by at&t and game coverage beginning at 7:00. we have all of the access you need here on masn. around there's the pitching match-up. were kin against nolasco acouple of right-handers. >> buck: ricky nolasco is off to a disappointing start. he is just 3-6 with a 7.00 e.r.a. jason bier kin has bounced back after a coupl

of course, john roberts would like two votes. i'm sure they all would. but he does get to sign the opinions when he's in the majority, which is a major big deal, and in this case i thought it was -- by assigning that opinion to david souter, you know, he ended up getting a case that kind of toned down whatever dissent justice ginsburg was going to write on the qualified immunity question. i thought it was a beautiful example of a pretty wide use of his opinion assignment power, contrasting it, of course, to the ledbetter case when i think the court didn't expect that decision to be so controversial and the chief justice assigned it to justice alito, who, of course, had just replaced justice o'connor. so it was just this immediate comparison that alito was writing this decision and how different it would have been had o'connor been on the court and that, of course, led to that very pointed dissent, outraged dissent by justice ginsburg. ok. the other case that i wanted to highlight just because it also i think is such a fascinating big-picture issue in ter

brian roberts leads it off. roberts shows bunt, pulls it back.an had his hit streak ended in the ballgame last night. brian went 0 for 5 in the opener last night's game. roberts still third in runs in the league. brian will take that one to left field. martinez will have plenty of time to get under it. >> jim: let's take a look at the mets defense. they play their home games at a big ballpark. martinez, beltran, he's won three gold gloves, church in right. castillo, a three time gold glove winner. murphy has moved over to first, then brian schneider with a couple of hits last night. and mr. bobblehead. >> gary: mr. bobblehead, it's his night. so we'll see whether or not he takes advantage of it, as the fans picking up the adam jones bobblehead, blowing the bubble. robbing an opponent of a home run. he had a 1 for 5 in the ballgame last night. off the end of the bat of, off redding's slider away and a two strike count. >> jim: i watched the game, wasn't broadcasting the orioles, and he really moved the ball around. 87, 89, good change-up. got a cu

transgression is chief justice roberts word. it is up to the congress to make the laws and up to the court to interpret them. in the hearing on the voting rights act on april 29, northwestern austin municipal district v. holder, on the issue of the sufficiency of the record, and here we have 16,000 pages of testimony, 21 different hearings, 10 months of action, then congress in 2006 reauthorized voting rights act. and now in listening to the supreme court argument n., in reading the record, you can't draw any conclusions totally that it looks very much as if the court may be on the verge of finding the record insufficient. chief justice roberts had to th to say in the course of the argument on the voting rights act. "1/20th of 1% of the submissions are not precleared." that to me suggests that they are sweeping far more broadly than they need to to address the intentional discrimination under the 15th amendment." it's the elephant whistle, you know. i have this whistle to keep away the elephants, you know. well, that's silly. we

you can see brian roberts at the top as usual. aubrey huff, and nick markakis is back in right field. he has hit .375 in his last six games. as for the marlins, jorge cantu, and dan uggla has a dozen home runs at second base. when we come back, dennis sarfate show what is he does to keep busy while being on the orioles' disabled list. that story comes up next when we continue "o's xtra" here on masn! anmy southwest flight. woman over phone: no problem. you know, maybe other people are content to sit around and wait. wait for something to happen. for business to pick up. but for you, it's time to kick it in gear. time to get going. time to get tough. take control. you're not gonna run and hide. because backing down's not your style. grab your bag. it's on. ( ding ) >> masn is being brought to you by train, a heating and air conditioning dealer by you. it is hard to stop a train. >> welcome back to "o's xtra" in south florida. the winds blowing out of the southwest at seven miles per hour. the humidity is 94%. there is a 90% chance

it is a time well shorter than that of justice roberts, now chief justice roberts. and we had a need to move that a bit because he

i don't want to see brian roberts go for nothing. to get brian roberts, to trade him somewhere else, we have to almost guarantee ourselves a win. [ you can read all about it on masn sports.com. we're going to take a look at some of the red sox-washington nationals highlights. 2-1 boston. brad penny throws a wild pitch allowing ryan zimmerman to score. 2-2. kevin youkilis will come through with an rbi single to left field. dustin pedroia will score. the red sox kind of coasted in this game after that. the boston red sox playing the nationals in washington as we check the scoreboard here. the boston red sox winning 11-3 tonight with the red sox and jason bay hitting a sew lore home run. atlanta shut out the yankees 4- 0. garrett anderson a two-run double. scott rolen, a home run and the phillies beat tampa bay 10-1. phillies with a six-run first, four-run fourth. chase utley with a two-run double. that's a look at our interleague scoreboard. when we come back, we'll preview tomorrow night's game in florida with jason were kin on the mo

>> senator roberts? >> thank you, senator mikulski for your willingness to work with us and staff to get to some kind of understanding about this where we could agree. i think that you have counter language, i think we have counter language. but we will see where we go. i am not concerned and i can't speak for dr. colburn but i think that he would agree about the center being prohibited from mandating. my concern is prohibiting cms from using information to mandate doctors' decisions and treatments and if i might, a mandate is not the same thing as a prohibition. a mandate means to force or blind, prohibit means prevent and the language on page 323 that the distinguished senator points to says that the reports and recommendations of the center for health outcomes research and evaluation which will be conducting the needed i might add and i'm very supportive of that comparative effectiveness research there's no reason why they can't inform doctors and disseminate the information, but that language says sh

>> senator roberts? >> well, thank you, senator mikulski, thank you for your willingness to work with us and thanks to the staff to try to get some -- some kind of understanding about this where we could agree on it. i think we have -- if you have counter language, i think we have counter-counter language, but we'll see where we go. i'm not concerned and, i can't speak to doctor coburn, but i think he would agree about the center being prohibited from mandating. my concern is prohibiting the cms from using information to mandate doctors' decisions and treatment, and if i might, a mandate is not the same thing as a prohibition. a mandate means to force or bond. the language on page 323 are says that the reports and the center for health outcomes research and evaluate lgz which we'll be conducted the needed. comparative, effectiveness ask research and you can't inform doctors. that mandate says it does not preclude coverage and treatment. you have the other language -- >> on the bottom. the very last line.

roberts retired. one away. >> buck: in the outfield it's matt holliday, jack hannahan a very slick fielding third baseman. adam ken dui and jason jam by on the right side. in my estimation he's the reason these young pitchers have been able to perform to well here in oakland because of his leadership behind the plate. >> gary: this team is hot. oakland now won four in a row for this season. markakis will take a slider inside. for the first time this year markakis moves up to the number two spot in the lineup. nick still ninth in the league for rbis. that's a fair ball. holliday coming to get it. he was close. markakis will have to stay at 1st base. and nick gets his first hit of the series after an 0-3 last night. >> buck: that was a great swing on a sinker ball. hits it past the diving jack hannahan at 3rd base. the thing about markakis hitting in the two spot he doesn't have to think about driving the run or ball out of the ballpark. just good at bats. that will get him back into his good approach.

>> that's roberts number two. we accept murkowski three, four and five related to indian health, 60 and 61 also on indian health, roberts number two on unique characteristics. they're telling me how i should talk. i'm 72 years old. i did pretty good so far. roberts number two as modified. we're going to take the rural and low volume hospitals. so we've got those done. so that's two, four, six, eight, ten, we have cleared 1@@@@@@rra& >> i counted three, four, five, 60, and 61, roberts no. 2 -- did i miss one? >> 10, 11, 12, 15, and 96. >> and 96. was i right on the other ones? >> yes. >> 11? >> yes. >> it is a good one but we will talk about that some more. >> #6? >> he thought it was no. 6. i-25? just so we get to bingo, i'm fine, okay? but again, i want to thank our staffs for working through the lunch break and i think this was a great set of accomplishments and we thank you for them. it actually improves the bill. >> senator, we thank you. senator enzi, senator murkowski, senator roberts, who were involved in t