i would recall, justice kennedy, the point made in romer, that under a rational basis of review, the provision will be sustained even if it operates to the disadvantage of a group, if it is -- if it otherwise advances rationally a legitimate state interest. >> mr. cooper, we will afford you more time. you shouldn't worry about losing your rebuttal time, but please continue on. >> oh -- >> as long as you are on that, then i would like to ask you this -- assume you could distinguish california, suppose we accept your argument or accept justice scalia's version of your argument and that distinguishes california. now, let's look at california. what precisely is the way in which allowing gay couples to marry would interfere with the vision of marriage as procreation of children that allowing sterile couples of different sexes to marry would not? i mean, there are lots of people who get married who can't have children. to take a state that does allow adoption and say -- there, what is the justification for saying no gay marriage? certainly not the one you said, is it? >> you're -- >> am i

christina romer said we need more evidence that the administration is being inclusive. sure they have women in other parts of the cabinet and sure they have women in other positions but we need an economic team that includes women. when does this end? do you need a woman represented in every position? do you need a person in the racial rainbow represented? you you're just checking out boxes. that's the way he does the supreme court, too. there is no end to compulsion -- >> small positions, supreme court justices, positions that have no impact. >> these jobs should go to two people, like noah's arc, one man, one woman and there will be more jobs created. you want job creation. >> the clinton/reuben crowd is pulling for summers. we've not heard the last of this, gene sperling, jacob lew, jason fuhrman, i know them all. they're very smart guys and very loyal to summers. it's a hell of a way to make a federal reserve charm. thank you very much. the rest of our panel has a lot more work to do. earnings dominated the market this week. we have crucial economic reports and a fe

romer may be with us for 10 years unless we throw enough struggle at them so we get some of their whitestheir party is going to go down with us. >> i wanted to ask this question, is this question about interracial coalition. on the one hand, here is the republican party failing to attempt on the right but i worry about the ability of an interracial coalition to hold on the left, for the democratic party to be able to hold immigration interest and civil rights and lgtb and rural interest all in one party. who do we start thinking about how to show our commonality in these struggles? >> that's a good question. you know, that's a good question. i'm just not sure. we know these issues are here. we know we need to work on them together. but when you're in the rural ar area, one thing can play out on the national area, but when you get in the rural area, so much has changed and so much hasn't changed. people kind of know their places and stayed in them. now they get confirmed in them by the supreme court ruling. >> you've got an opposite problem, which is not a difficult electoral program for

so, by the way, is christina romer, who was a very key official during the first obama term.here are a lot of women very qualified. when you make this a boys versus girls fight, you actually detract from the fact that yellen has a very strong case to make, on her own, rather than as a woman as such. so, i think they are making a big error if they want to boost yellen. >> and dean, on paper, let's just talk about this, the qualifications. they are both qualified. they see the economy in different ways, but yellen, vice chair of the fed board and led the federal reserve bank of san francisco. very well known. summers, former treasury secretary and the president's national economic council director, among other things. why in the world should the new york times bring up her jender? that is to me like saying, box checked to help you get it over the guy. >> i don't think they should vote getter whatsoever. i'm very in favor of diversity and >> so you cross it and then there is another one. how about the sound and furry that signifies nothing and starts working on actual solutions?

the decision of the court didn't strike down section 2, kennedy's key premise planted long ago in romer versus evans surely will because it's the premise that has worked its way through all of the litigation since then. in lawrence versus texas in 2003 justice kennedy held that the state could not justify the laws on soddy because there was no rational ground in which to break into the autonomy of personal relations and condemn homosexual relations that people pursued in their private lives. he inseisted at the time that his judgment entailed no formal recognition in the law of any other relation. that is to say marriage. to which justice scalia famously said at the time, do not believe it. do not believe it. it's coming soon. aint took only five months to prove justice scleelia quite right. only five months later the council in massachusetts before it invoked anything invoked kennedy's language in lawrence versus texas to strike down those laws on marriage in the commonwealth and install same sex marriage and then kennedy in turn invoked lawrence last eek in striking down doma. and as

valerie and christine romer were tight. romer had a lot of run-ins with summers. is very clear, so the kind of reubenites. >> jason furman the cea, black lew -- geithner, they're kind of the summers people we believe. now all this is reading between the lines, that sort of thing. some say they are more likely not to like the appearance of this bull headish guy. >> woman. we need a woman. therefore gender concerns here, too. would be a feather in his cap to make a woman the first fed chairman. >> since it's the voice of the white house. they want that impression as well. >> this is good stuff. this is good. he said it won't be for months. so we are going to milk this. leave your phone number. neil, you, too. >> the king is dead. the king is dead, i'm get back to you. >> i don't know who it will be. coming up, two major pharma companies, up next, we have a preview from merck and fierz. then at 78:30, fej hedge fund patrick wolf will talk to us. a chess grand matter. a 9-year-old girl. anyway, that's not him. blindfolded. happen in a second. with fidelity's guarantee

, who i was working with romer versus evans.he reasoning that our guys had to put in place to win that case, it is reasoning virtually conceived every premise of the other side. you realize, we are really in a very difficult situation. when we were arguing this case the issue of defense of marriage act, we were pointing out that you don't need marriage for love. no one can deny the real love that subsists between parents and children, grandparents and children, siblings. and we can submit in the nature of things, in the nature of things, none of those loves would be diminished as loves if they are not attended by penetration and reflected in marriage. we don't need marriage for love. but marriage is an comparable framework of commitment about the conditions under which children are generated and raised. so even the child will get a sense that his parents have foregone the freedom to quit their relation with him as they foregone their freedom to commit, to equip their relation with one another. we were warning them if we move awa

. >> summers argued with romer. how to get along with valerie?ow how well, he got along inside the administration. i think he left a lot of are you familiarled feathers inside there. he also had a cadre of loyal people. geithner. >> if you get to a point where qe is not what we need, it would be nice tofts someone to respond to any situation. >> you should be if favor of scummers. he spoke against qe. >> aam. are you just figuring that out? why aren't new favor of steve? >> we feed him here. >> we will continue this conversation in just a moment. still to come, ubs reporting better-than-expected earnings. the cfo council member will join us after theic practice. first, though, a deal after community deal, yesterday on cnbc they first reported. we'll be right back. what's your fu . ther >> ubs switzerland biggest bank reporting a jump in second quarter profit. the bank planning to buy back a fund to shed toxic acids. tom naratil is a member of the cfo council, tom, thank you very much for whereing here today. >> you are welcome, becky. we are very

peter arizona aquas a very strong personality, christine romer was a pretty strong personality then youad larry summers who would effectively start all of the fights. they played a big role in crafting the stimulus bill and crafting the administration's response to the recession and he didn't make a lot of friends while he did it. there were constant tensions. remember, by the way, he was also in the running to be the treasury secretary. very much wanted the job but president obama went with tim geithner in the beginning. at least a part of that decision was also based on personalities. >> bill: you've seen nancy pelosi lined up behind janet yellon. i've never seen this before with the appointment of the fed. >> the public campaigning is a bit unusual. i think senator schumer is also behind janet yellon, at least i thought i saw a statement from him last week. this is unusual that people are being so overt about their choices. and i suppose this is the -- a symptom of the increased politicization -- oh, god, how do you say that word? >> bill: i avoid it because i can't say it. >> we're

the third time, they asked again in the wake of romer, and they got the same answer -- it's constitutional. now the solicitor general wants to say -- well, it was want of careful reflection? well, where do we get careful reflection in our system? generally, careful reflection comes in the democratic process. the democratic process requires people to persuade people. the reason there has been a sea change is a combination of political power, as defined by this court's cases as getting the attention of lawmakers -- certainly they have that. but it's also persuasion. that's what the democratic process requires. you have to persuade somebody you're right. you don't label them a bigot. you don't label them as motivated by animus. you persuade them you are right. that's going on across the country. colorado, the state that brought you amendment 2, has just recognized civil unions. maine, that was pointed to in the record in this case as being evidence of the persistence of discrimination because they voted down a statewide referendum, the next election cycle it came out the other way. and the fe

romer vs. evans coming out of colorado. of the case was about the rights in colorado and amending the constitution there. what we anticipated coming out of the case was precisely what took place with justice kennedy's opinion that came down after the hearing just when the house was in the middle of debating the defense of marriage act. byseems inexplicable anything but animus toward the classic and effect. rationala relationship. centuries of jewish and catholic teachings could be reduced to an irrational passion, an analyst. they could find a reason to ground of justification. and therefore, a state could not incorporate an adverse moral judgment on the homosexual life. if that were the case, the state could not refuse any longer to honor a same-sex marriage coming in from another state. could knock out the proper that supported the authority of the states in refusing, and that is what brought forth the defense of marriage act. that congress would give guidance to the court under the full faith and credit loss and support