>> justice scalia i don't believe so. section 482 ban the act of limiting, segregating and classifying. and then they check for a certain result. something which would deprive, tend to deprive or adversely affect. and it was that results checking language. >> but that language is the phrase on the basis of race sex, whatever. so it's adversely affect on the basis of the category. >> well, that was the interpretation that the smith plurality and concurrence came to on section 482. but the phrase because of race appears and you have active verbs there. you have refuse and otherwise discriminate. and the court was unanimous in finding that section 4a1 only required intentional discrimination and did not -- >> did we take into account at all that in both title 7 and the fair housing act, there was a grand goal that congress had in mind. it meant to undo generations of discrimination and what was the phrase this court used in describing the fair housing act? to replace ghettos by integrating integrating integrating building pa

. >> if i understand your point, you agree with justice scalia. they are both verbs. make unavailable is just one way to adversely affect. your argument is on these extra added words in the title vii statute, right? in the title vii statute, it is -- couldn't find them. you know what i meant. [laughter] >> i do, justice kagan. >> but i don't think that could possibly be right. then you say that it would be a different statute. instead of just saying an employer can't make unavailable instead it said an employer can't act in a way that makes unavailable, that would make it completely parallel to the title vii and the adea statutes. those two things just can't mean the same thing. all that's doing is to take out a few words. it is saying the exact same thing, either way an employer can't make unavailable. >> i don't think it is saying the same thing. section 4-a-1, the court unanimously recognized, didn't give disparate impact liability. it didn't have, checking to see if it would adversely affect. without that results-based language, you can't have disparate impact lia

spekt courtupreme court court juice ys scalia and ginsberg would seem to be polar opposites. but they're friends. >> as pamela brown tells us neither of them is showing any signs of slowing down. >> why don't you call us the odd couple. >> justices scalia and ruth ginsberg two polar opposites with the closest friendship on the bench. >> what's not to like? except her views of the law, of course. >> sharing a laugh about ginsburg's sleeping habits at the state of the union. >> the audience for the most part is awake because they're bobbing up and down all the time. and we sit there, stone faced, sober junls.dges. at least i wasn't 100% sober because before we went to the state of the union we had dinner together and justice kennedy brought in -- >> that's the first intelligent thing you've done. >> so i got a call when i came home from one of my grandmothers who said you were sleeping at the state of the union. >> the sharp as a tack 81-year-old even admitted she's had some occasional help staying awake from now retired justice david suitor. >> he would give me a pinch. >> gin

scalia and thomas are timely getting hitched. what will they wear? what is their couple name going to be. i'm going go with scalomas the sklarence thomatyn. antonim. claris tomatomanin. ninsi kbrrx t. skrom lee owes. antonio ban sklarence. claritin nonbrowsey. unless we're getting gay married isn't what thomas and scale qa said. >> justices antonin scalia and clarence thomas said today the supreme court should have granted alabama's request to put that ruling on hold. >> jon: melatoni. c chlamydia i'm shocked. the stay was not granted. unless you don't happen to have a supreme court justice who thinks he outranked the supreme court. >> chief justition moore of the all billiona court ordered the probate judges not to issue licenses. >> told them they didn't have to follow a federal judges ruling declaring the state's ban on same sex marriage unconstitutional. >> jon: huh. alabama official circumvend-- circumventing a federal ruling against minority right, he was thinking hey, that selma moviest was a hit. better start laying the groundwork for a seque

and anthony scalia is a famous great eater. so that's why they like to have dinner together so often because there was a real meeting between them as justice ginsburg pointed out. >> now talking about riding elephant in india is fantastic but there is something serious that is a lesson for all of us. the supreme court, there is fierce fierce partisanship and they really come from different sides of the aisle judicially speaking here. yet they find a way to be friends personally. that's remarkable. and washington really used to work that way. and there are various explanations for why it's much less true than it used to be in congress but in the supreme court, they really do still make an effort to get along with each other, notwithstanding, their very very serious disagreements. >> you know better than anybody, jeff. are there other friendships like this behind the scenes? >> certainly, you have a friendship between ruth bader ginsburg and alena kagen, if you look generation after generation kagen is younger than ruth bader gin

supreme court justices ruth bader ginsburg and antonin scalia may butt heads on the bench. >> what'slike? except her views of the law, of course. >> reporter: but surprisingly share the closest friendship of all the justices. >> why don't you call us the odd couple. >> reporter: their political differences are an elephant in the room they aren't afraid to confront or ride as they did on vacation together in india in 1994. >> it was a rather bumpy ride. >> reporter: scalia clearly admires his pint-sized partner's taste for adventure on their trips. >> ruth honest to goodness went up behind a motor boat -- >> parasail. >> yeah. i mean she's so light you would think she would never come down. >> reporter: scalia even helped his friend out by giving her an advanced copy of his dissenting opinion so she could better write what is now a landmark majority opinion. striking down an all male admission policy at a public college. >> so i took this dissent, this very spicy dissent, and it absolutely ruined my weekend. >> reporter: another point the duo disagrees on? attending the state of the u

clarence thomas and antonin scalia said the high court should have put that ruling on hold for a few months. justice thomas criticized his colleagues for looking, quote, the other way as another federal district judge casts aside state laws. meanwhile, this picture is making its way across social media. technician second class thomas sewicky were chosen for the first kiss of the homecoming of "the uss san francisco." >>> we're learning information about the fatal crash involving bruce jenner. sheriff's officials say from the tire marks on the road it does appear that jenner tried to brake before hitting the lexus. investigators say the driver of the lexus who was killed did not have a valid license. all drivers in the crash are being investigated. detectives are looking into cell phone records and plan to examine all of the vehicles involved in the chain-reaction crash. >>> the story made national news. an explosive new claim against drew peterson. the ex-illinois cop is say caused of highing to hire a hitman. he allegedly tried to hire someone between september 13 and december of la

. >> host: you also read a biography of anton scalia. how are they different and how are they the same? >> guest: they are the same in some ways. they're both new yorkers, one from queens and one from the bomb -- bronx going through distinctive personalities both shaking up the joint in different ways. i would never ever asked me what she is about to do. not unlike the way he was and they both understand the importance of being visible. look how visible justice scalia has been with his own books on the go visible she has been already. >> host: if you put on your legal correspondent cap for just a second where its national press club night off the night, author nida the national press club you happen to be standing next to ted olson the former solicitor general. when he gets before the court joan biskupic what is the reaction of the justices to him and how does he play to them. >> guest: that's a great question something i have studied for a long time. at least as ted olson has been around. they know him from way back when. just the way c

justice scalia and others have disputed that. scalia said the declaration is not part of our law and he says the right the declaration called in a level are not conferring powers and courts and expressed disdain for what he calls you may do what you like so long as it does not injure someone else whole idea. basically he says the supporters are trying to read their own philosophical preferences or those of john stuart mill or thomas jefferson or thomas paine into the constitution. what is your reading of constitutional history and who has a better historical argument of? >> well, let me start by thank you for having me here ideology for coming in thanking him for such a thoughtful and sustained discussion of the book although i encourage you to buy the book rather than just relying -- mike -- [laughter] i think the declaration is not law. i have a fair eminence and the footage of natural rights. a fair amount of simply for the idea that rights precede government. that we create governments to protect and secure our rights but i b

justice scalia during a scandalous discussion.mela brown is out front. >> why don't you call us the odd couple? >> reporter: justices antonin scalia and ruth ginsburg two minds with the closest friendship on the bench. >> what's not to like except refusal of the law of course. >> reporter: sharing a laugh about ginsburg's sleeping habits at the state of the union. >> the audience for the most part is awake because they're bowing up and down all the time and we sit there stone faced, sober judges but we're not, at least i wasn't 100% sober because before we went to the state of the union, we had dinner together. and justice kennedy -- >> that's the first intelligent thing you've done. >> so i got a call and i came home from one of my grandmothers and she said, bubby, you were sleeping at the state of the union. >> reporter: sharp as a tack 81-year-old even admitted she's had occasional help staying awake from now retired justice david soouduter. >> he had an acute sense when i was about. so he would give me a pinch. >> reporter: gi

the next case of about 10 years later dealing with same-sex sexual harassment, justice scalia writing for a unanimous court said yes, you can show it is because of sex and same-sex sexual harassment is covered. the 1964 congress was not thinking about that. so after, transgendered folks started bringing cases are doing gender stereotyping. some courts started to adopt a those. the six and 11 circuit and in 2012, the eoc issued an opinion in a case versus macy's versus the justice department where we held discrimination based on being -- we have authority in the federal sector is applicable to federal jobs or employees and this was a federal sector opinion. in one respect, we were catching up to the court, explaining hey it's a form of a gender stereotyping if you think someone who has been designated as mail at birth should not transmission at -- transition as a woman, that is gender stereotyping. which we thought was important was to go back to the underlying point, which was if an employer ask on a base of a gender stereotype, that's evidence that gender has been taken into account.

. >> i have two responses to that justice scalia. there is a statute in arizona that this ordinance complies with, in terms of the placement the duration and the size of the political signs. the town doesn't have any leeway in that, because it needs to comply with the statute. >> is the state statute of the same size and duration the state statute says you have to allow political signs does it specify the size and duration. >> yes it does. you're saying the town ordinance just mirrors the state? >> yes, it does. and do you have that state law? >> i do it's section 16-10-19. >> your defense to a first amendment complaint is what? the state made me do it? >> well our defense -- in part yes, because we need to comply with the statute, and it doesn't make sense that as a result, all signs need to be -- meet those provisions for purposes of preserving beauty reducing clutter, so on and so forth. >> it makes a lot of sense if you believe in the first amendment. if you believe that neither the state nor city is entitled to say politics is r

ruth bader ginsburg sitting down with antonin scalia.er ginsburg revealed why she nodded off a bit during the president's speech. >> the audience for the most part is awake because they are bobbing up and down all the time. we sit there stone faced. sober judges. we are not -- at least i wasn't 100% sober because before we went to the state of the union, we had dinner together and justice kennedy brought. >> that's the first intelligent thing you've done. >> well there was a time you came to those dinners. especially open something with a very fine california fine that justice kennedy brought. the dinner was so delicious, it needed wine. >> a rare look into the personal life and levity there from one of our supreme court justices. >>> video shown during the "american sniper" murder trial shows police chasing the suspect the day he killed chris kyle and kyle's friend. prosecutors think this is a win for their side and defense is saying not so fast. in our house, we do just about everything online. and our old internet just wasn't cutting

. >> reporter: ginsburg nicknamed "notorious rbg" and scalia known as "nino," have long vacation theether with their families. scalia admiring his pint-sized partner's taste for adventure. >> and ruth, honest to goodness went up behind a motorboats in a sail -- >> yeah. i mean she's so light, you will think she will never come down. [ laughter ] >> reporter: their political differences an elephant in the room they aren't afraid to confront or ride as they in india. >> that was a rather bumpy ride. [ laughter ] >> some of her feminist friends gave me a hard time or her a hard time because she rode behind me on the elevator. big deal. i'm not kidding. >> it was -- the driver explained it was a matter of distribution of weight. >> reporter: pamela brown, cnn, washington. >> who knew those two vacationed together? how adorable. >>> a key ukrainian city is on edge now as a cease-fire gets closer. coming up hear why residents worry they'll become pawns in the bigger battle. >>> also ahead here the u.n. chief says yemen is crumbling after a rebel coup and may be headed for civil war. >>> we

. >> i'm still more worried about scalia. >> sober or not?rted drinking more i think he would be better at what he does. >> her chumminess with is a leescalia -- >> you have to drink domestic wines? >> speaking about drinking the new study -- there is a new study. colorado is reaping the benefits of its $700 million weed industry. new data from the national highway traffic administration shows that stoned drivers are a lot safer than drunk ones. were you surprised when you heard this? >> i will use my special experience. i am not surprised at all. i smoke weed and drove in high school. i was totally fine. you drive slower. >> i don't know from personal experience, but i have friends who may have gotten behind the wheel after smoking a doobie or two, that you do drive slower. >> call a cab. let's just not experiment with it. >> it doesn't make it anymore dangerous. it just doesn't effect it. >> again, we are not endorsing this. >> if we're going to use statistics and look at it, if it is telling us it didn't make you a more dangerous driver wh

. >> you haveless written a biography of antonin scalia. how are they different? how are they the same? >> well, there are a lot to the same in some ways. both new yorkers, one frommance one from the bronx. both very distinctive personalities, both checking up the court. she has been there since 2009. i would neverunder estimate what she is about to do -- never underestimate what she is about to do. she is a very good agent for himself, not unlike he was for himself, and they both understand the importance of being visible. look our visible justice scalia has been with his own book and look how visible she has been already. >> if you put on your legal correspondent hat for just a second where it's national press club night here at -- author night at the national press club. you just happened to be standing next to ted olson, the former solicitor general, when he gets before the court, what's the reaction of the justices to him and how does he play to them? >> that's a great question. something i've studied for a long time. i've been covering the court at least as

so i pose a question to you. 7-2 ruling regarding alabama, scalia and clarence thomas oppose this.hat was the legal basis for the decent and does this mean for the june decision that we assume will come from the supreme court. >> justice thomas decenting said the court is trying to create national gay marriage without doing some. he and scalia have been talking about this, but the court needs to do this and not just issue orders -- and not just issue orders the way they are doing now. but by june, there is not much of a question, we will have national gay marriage authorized by the supreme court in the next few months. that is clearly where things are headed. and so it is not a surprise it is happening in alabama and everywhere. and we are having a fight in alabama, with some counties saying we are going to issue licenses and some are saying they are not. and roy moore is saying they should not issue licensed to same-sex couples. >> i want to start with a comment. what is interesting about the decent is the supreme court isn't supposed to issue national rules. that is not its job,

and with all that in mind you're stand buying a quarry with antonin scalia.t's the middle of the night, you've both been drinking no one is around. the man is like 78. he's had a full life, right? but who knows what's going to happen in 2016. maybe republican gets in office they're going to choose-- >> i totally thought you were gog ask about sex. >> larry: no no, no, this might-- if you push him over the edge, then the democrat president can appoint-- another-- another justice. what do you do? >> "the nightly show." larry wilmore just asked "would you commit murder?" >> larry: do you snuff him or not? how bad do you want this bill passed? >> uh i do not commit murder. ( laughter ) because, incidentally, i would never do anything immoral in the service of a moral movement. >> larry: she kept just it 100. we'll be right back. ( cheers and applause ) ♪ ♪ come on! ♪ sarah, this wifi calling from t-mobile is the best. yep. i can talk from anywhere in my mansion. i already have it. you sound great in my hydroponic kale garden. reception's great in subterranean pet

i understand in this case, it is the minority opinion, and the supreme court said, justice scalia andce thomas, and understand you think they deviated. normally, there would be a day on what the court ruled, but there is a federal court that has ruled about what the law should be in your state and you seem to say it is ok to disregard that. >> it is not only ok, there is no rule that you must regard it in the federal courts and the state court have equal authority to interpret the constitution. under our rules today in the united states. were example, i will quote to you from a case in 1993. i will quote justice thomas. in our federal system the interpretation of federal law is no less authoritative than that of the federal court of appeals in which the circuit the trial court is located. and then justice william rehnquist, in 1974, although the state court would not be compelled to follow the federal court holding, the opinion might, of course, be viewed as a highly persuasive. this is the opinion of the united states supreme court in a california case in 2013. the federal courts do

as justice scalia noted, gridlock is a feature, not above our constitutional order. similarly justice breyer said these are political problems, not constitutional proshes. the point i'd like to stress, the mere thing that washington is gridlock doesn't him something. powers over discretion, but the next paragraph says, but the case may turn, quote, on the acquiesce of an individual case. it says in the opinion, justice kennedy, the equities of an individual case. this is one on a case-by-case basis. thank you. >> professor foaly let me quickly expand on one other thing you mentioned. the federal district court in texas made this distinction between the federal government simply not enforcing immigration laws on removal of an individual and taking the next step of actually providing lucrative benefits to unlawful aliens and that seems to be an incredibly stark precedent here. could you expand on that a little bit? >> oh, absolutely. i mean, the benefits is the classic example of why you don't want to start going down this road constitutionally with the president. beca

justices antonin scalia and clarence thomas said today the supreme court should have granted alabama's request to put that ruling on hold out of respect for the state until the court rules on gay marriage nationwide in a few months. the failure to grant alabama's request, thomas said may well be seen as a signal of the court's intended resolution of that question of gay marriage nationwide. roughly two-thirds of alabama counties today refused to grant the marriage licenses. >> i'm sorry. >> reporter: after roy moore, chief justice of the alabama supreme court, urged local officials to ignore the federal court ruling. in 2003 he defied a federal court order to remove a ten commandments monument from the state supreme court building. he was removed from office but was re-elected three years ago. the supreme court takes up the marriage issue in april with a decision by june. it seems unlikely the justices would allow same-sex marriages to go ahead in alabama now if they're just going to stop them a few months from now. lester. >> pete williams tonight, thanks. >>> german chancellor angela

justice clarence toms and anthony scalia said the high court should have granted alabama's request to put that ruling on hold until the court rules on gay marriage nationwide in a few months. according to the press, justice thomas criticized his colleagues as quote, looking another way as another judge casts aside federal court laws. thomas and his partner were the first male same sex couple chosen to share the ceremonial first kiss during home coming of uss san francisco. the warship spent seventh months in the pacific. >>> the driver in the accident with bruce jenner did not have a driver's license according to the "l. a. times." sheriff officials said because of the tire marks on the road jenner tried to brake before hitting the lexus. all vehicles in the crash are being investigated. they are looking into cell phone records. >>> explosive claim against wife killer drew peterson accused of trying to hire a heat man. the target? lead prosecutor behind 2012 conviction. he allegedly tried to hire someone between 2013 and december of last year. in 2012 peterson was convicted of killing

scalia and thomas says the supreme court should have put that on hold until the court rules on gay marriage nationwide. the failure to grant alabama's request, thomas said may well be seen as a signal of the court's intended resolution of that question of gay marriage nationwide. two-thirds of alabama counties refused to grant the marriage licenses. >> we're not handing out same-sex marriages. >> reporter: after roy moore, chief justice of the supreme court urged justices to avoid the ruling. he was removed from office but was re-elected three years ago. >> that was pete williams reporting for us. it's unlikely that the supreme court would allow alabama to grant the marriage licenses. the high court taking up the issue this spring. and we'll have a ruling by june. >>> turning overseas to a rift between the u.s. and germany on how to end the ongoing conflict between russia and ukraine. leaders must quote, try again and again to end the fighting through diplomacy. just hours earlier, angela merkel stood side-by-side with president obama. both leaders are holding out hope that peace talks will

the next case of about 10 years later dealing with same-sex sexual harassment, justice scalia writing for a unanimous court said yes, you can show it is because of sex and same-sex sexual harassment is covered. the 1964 congress was not thinking about that. so after, transgendered folks started bringing cases are doing gender stereotyping. some courts started to adopt a those. the six and 11 circuit and in 2012, the eoc issued an opinion in a case versus macy's versus the justice department where we held discrimination based on being -- we have authority in the federal sector is applicable to federal jobs or employees and this was a federal sector opinion. in one respect, we were catching up to the court, explaining hey it's a form of a gender stereotyping if you think someone who has been designated as mail at birth should not transmission at -- transition as a woman, that is gender stereotyping. which we thought was important was to go back to the underlying point, which was if an employer ask on a base of a gender stereotype, that's evidence that gender has been taken into account.

we also know that justice scalia thinks about about it as well.hich gets to a fundamental issue that drives me crazy. a notion gnat justices are monks, robots, or umpires that just call balls and strikes. in fact, they are, wait for it, human beings they have world views, commitments, and life experiences that influence their interpretation of the law. but when you show people their progressive direct rate and our competitors' rates you can't win them all. the important part is, you helped them save. thanks, flo. okay, let's go get you an ice cream cone, champ. with sprinkles? sprinkles are for winners. i understand. >>> establish human settlement on mars in 2023. 1972 is the last time humans walked on the moon. no human has ever gone as far as mars. >> that is true, if you have the chance to go to mars, would you go? that might be cool, what if i told you it is a one way trip. you go to mars, do stuff, and then you die there. that is what one program is offering. they want to start a human colony on mars. they want to make a reality show of it. o

two of the supreme court justices dissented,ant 9 antonin scalia and john roberts. while the court resolves the important constitutional question. >>> alabama clerks have refused to issue marriage licenses. issuing an order not to proceed with same sex marriage licenses. some counties and corgts in alabama were permitting the marriages and some couples were tying knot. >> i think that marriage equality is something that is here and that the probate judges, it is timeto for them to recognize that and they don't have the authority to not issue these licenses. >> big question, have a majority of justices made up their mind about same sex marriage? justice clarence thomas seems to think so. as more couples get married it will be harder for the supreme court to issue a ruling denying marriage equality. >> areva martin is a legal analyst and attorney. >> hi tony. >> let's be clear what the alabama state supreme court chief judge justice is saying here. >> there's more. >> yeah yeah yeah. was he really saying to the federal court you have no jurisdiction over the decisions

congress, i'm sorry the next case 10 years later dealing with same-sex sexual harassment justice scalia writing for a unanimous court says yeah same-sex sexual harassment is covered. we are governed by the words of the law not by the intent. so transgender folk started arguing gender stereotyping. some court started to adopt those in the sixth and 11th circuit in an april 2012 the eoc issued an opinion in a case called macy's versus the department of justice in which we held that discrimination based on being transgender is a form of sex discrimination. we no longer issued commission decisions in the private sector but we have adjudicatory authority in this federal sector that is applicant for federal jobs or employees and this was a federal sector opinion. in one respect we were just catching up to the courts, explaining hey it's a form of gender stereotyping if you think of someone who has been designated as mail at birth should not transition as a woman that is a form of gender stereotyping but the other thing we did which i think was quite important was to go back to the underlying

and thank you so much for those generous words. >> in the reno case, justice scalia had a key holdingch is that congress has made immune from judicial review any action or decision to commence proceedings, adjudicate cases or execute removal orders. he went on to say that at each stage, the executive has discretion to abandon the endeavor. at the time, the ins had been engaged in a regular practice that has become known as deferred action. exercising such actions are simply for its own convenience. professor foley, in her written testimony, i think tries to diminish the significance of that case and to distinguish that the court merely acknowledged that congress did not want federal courts to get tied up in educating lawsuits. -- in educating lawsuits. >> that case did involve a denial of relief rather than a granting of relief. but the takeaway is evident from the court's language. it extends the decision about whether to execute removal orders. there is no basis -- >> there has been a lot of discussion about how dapa and daca grants additional benefits. but it is my understanding th

we also know that justice scalia thinks about about it as well. which gets to a fundamental issue that drives me crazy. a notion gnat justices are monks, robots or umpires that just call balls and strikes. in fact they are, wait for it human beings they have world views, commitments, and life experiences that influence their drep interpretation of the law. ow long their money is going to last. i try not to worry but you worry. what happens when your paychecks stop? because everyone has retirement questions. ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today. the lightest or nothing. the smartest or nothing. the quietest or nothing. the sleekest... ...sexiest ...baddest ...safest, ...tightest, ...quickest... ...harshest... ...or nothing. at mercedes-benz, we do things one way or we don't do them at all. the 2015 c-class. see your authorized mercedes- benz dealer for exceptional offers through mercedes-benz financial services. the world is filled with air.

ruth bader ginsburg and anthony scalia took part in a discussion.camera there, app when the subject of the state of the union came up justice ginsburg revealed why she fell asleep. >> the audience for the most part is awake because they're bobbing up and down all the time and we sit there, stone-faced, sober judges. at least i wasn't 100% sober because before we went to the state of the union, we had -- we had dinner together and i vowed this year just sparkling water, stay away from the wine, but in the end the dinner was so delicious, it needed wine too. so i came home and one of my grandmothers said you were sleeping at the state of the union. >> shocking, shocking admissions there. supreme court justices drink wine as well. such an unusually candid moment for this vaulted supreme court justice, ruth bader ginsburg. >> they were. they're on opposite sides of the spectrum but they respect each other for the way they write their opinions and they know they're writing for other judges and they've built this incredible friendship over the years. >> s

. >>> and in a first, ruth bader ginsburg sits down with antonin scalia.ate of the union was brought up bader ginsburg revealed why she nodded off a bit during the president's speech. >> the audience is mostly awake because they are bobbing up and down all the time. we sit there stone-faced, sober judges. we're not, at least i wasn't 100% sober. before we went to the state of the union -- [ laughter ] -- we had dinner together and justice kennedy brought. >> that's the first intelligent thing you've done. >> well there was a time you came to those dinners, especially with a very fine california wine that justice kennedy brought. i vowed sparkling water. stay away from the wine. the dinner was so delicious, it needed wine. >> a little levity. >>> let's get an early start on our money. cristina alesci. >> it looks like a rocking end for stocks for the week. u.s. stock futures are climbing following the 110-point gain for the dow. a huge swing for stocks. now they are very close to all-time highs. the s&p 500 is just two points shy from the december record. s

i disagree with justice scalia that that has never happened in our history. i think it's inevitable. it's inevitable that we will find an instance that that has occurred. i think fundamental questions about the death penalty need to be asked. among them, the supreme court's determination as to whether or not lethal injection is consistent with our constitution is one that ought to occur. from our perspective, i think a moratorium until the supreme court made that determination would be appropriate. >> last month you barred local and state police from using federal law to seize private assets, such as cash and cars without warrants criminal charges. what impact have you seen since the end of the so-called equitable sharing program, and how the police departments who have often depended on the money reacted to this, and what do you hope to achieve by barring this program? >> it's probably too early to see what the impact has been. i think we need more time together data and see how that has affected both the way in which police apartment conduct themselves, and

. >> he added that he disagrees with justice anton and scalia. we'll be right back. >>> we're back.er of the house john boehner ignited a political fire storm when he invited israeli prime minister benjamin netanyahu to speak to congress next month without telling president obama first. a new poll, 63% of americans say it was wrong to invite netanyahu without notifying the president. tara, what do you think of this, in the long run, how's this going to break? good for boehner, bad for who? >> i think it's a delicate issue right now and they're playing politics. i'm not sure which way it's going to go, but i think we shouldn't forget that back in 2007, nancy pelosi went to syria against the white house's wishes on behalf of israel. this has been happening for a while. they play politics in international relations. >> we do have a logan act however. we're not supposed to -- i know this isn't exactly doing that. it's getting close when you start inviting a leader of a country in a very difficult situation where he disagrees with our president on a policy of trying to negotiate away fro

here you see supreme court justice scalia and justice samuel alito. justice kagan. folks at hbo gave out more than ten minutes of this kind of footage on youtube. the idea is you can use it to play along with the audio that the supreme court releases when they're holding oral arguments. to show you how this works, this is justice ginsburg for the land mark marriage equality case. >> it's as justice kennedy said it affects every area of life. so you are really diminishing what the state has said is marriage. there's two kinds of marriage the full marriage and sort of skim milk marriage. >> so that is how that is supposed to work. you can decide whether that quote is made better with the chihuahua. the 81-year-old ruth bader ginsburg needs little help being interested. in the last few years, she's crossed over into a pop culture cult figure. she has a page devoted to rbg. she fell asleep at president obama's state of the union street, more than once. she explained this year's snooze was caused by a bottle of california wine. she admitted she was not 100

the scalia ginzburg reality show. a not 100% sober friendship.ce ruth bader ginsburg asked about how she falls asleep at the state of the union address. she's been caught on camera. she said, quote, we sit there stone effaced sober judges but we're not. at least i wasn't 100% sober. before we went to the state of the union we had dinner together. i vowed this year, just sparkling water. stay away from the winement the dinner was so delicious it needed wine to accompany it. so she showed up a little tipsy maybe at the state of the union and dozed off. it's easy to doze off without booze. >> you don't need a glass of wine to sleep during the state of the union. people head fun of the fact she fell asleep and her grand daughterle called to say, what's going on. a lot of people watching tv were asleep, too. the camera wasn't on them. >> i'm shockeded there are people who were sober. i was a few times now but it's definitely improved usually by some adult beverages. i think she's awesome, i do. i'm a big fan of though no tore rous r rbg. the thing tha

i think what the the big take away from this case is we saw a defense by clarence thomas and scalia when supreme court refused to hear this. i think the big indicator of how they are going to rule in april when they have the opportunity. they were displeased with this. of course, believing in state's rights. since marriage is a state right that is afforded to the people who live there but nevertheless, i think we see how this is coming down. >> all right. now, final question on this. it is shades of what happened in the civil rights era. and i don't happen to believe that marriage is a civil right. so i'm not making that comparison. but, the federal government in alabama had to remove governor wallace, george wallace who wouldn't enforce the desegregation laws is there any difference, wiehl? >> yes well, there is no difference. i think this judge will be removed. there is a procedure to go through in alabama where you can be removed. he said don't forget this particular judge was removed back in 2003. this is the 10 commandment judge he then got reelected. i think he will be removed by t

. >> reporter: the justice scalia seemed open to the argument while several other justices seemed to side with elaf. >> abercrombie & fitch has changed its policy and laf found a job as merchandise -- and elaf found a job as merchandising manager for outdoor outfitters. >>> the senate will move forward on a clean bill to fund the department of homeland security. the measure would not include language that guts president obama's executive order on immigration. if and when the senate passes the bill, it would move to the house where conservatives are pushing back against the senate's approach. >>> lawyers for the man convicted of killing american sniper author chris kyle and his friend say they will appeal. jurors in texas took over two hours to find eddie ray routh guilty. routh admitted to killing the two men in 2013, but jurors did the buy the defense claim of instant. the victims' families welcomed the verdict. -- of insanity. the victims' families welcomed the verdict. >> we've waited two years to get justice on behalf of our son. >> routh was sentenced to life in prison without t

thing two, listen to what thomas and scalia said today in their dissent. they said the court seems to be tipping its hand, it seemed to be foreshadowing this decision. yes, for those two reasons. >> thanks, as always great. pete williams, you made it clear. >>> i'm joined by the roundtable. jim of "slate." emily of "national journal." and expert on everything, howard fineman, great guy on this show. thank you for everything, msnbc expertise. this is fascinating. it could be history could be made this summer. this seems to be a leading indicator that the courts are going to go with the right to -- >> yes. i think that politically, culturally, and pretty soon legally, constitutionally, this is going to be settled. i think it's clear. there are 37 states now including alabama that allow same-sex marriage. as clarence thomas said, not happily, it looks like this is where the court's headed. i think the republican party, i think most conservatives, i think most people in the country have accepted that this has happened. >> i agree. >> it's all too easy to make

. >> he added that he disagrees with justice anton and scalia.ht back. ♪ know your financial plan won't keep you up at night. know you have insights from top investment strategists to help set your mind at ease. know that planning for retirement can be the least of your worries. with the guidance of a pnc investments financial advisor, know you can get help staying on track for the future you've always wanted. >>> we're back. speaker of the house john boehner ignited a political fire storm when he invited israeli prime minister benjamin netanyahu to speak to congress next month without telling president obama first. a new poll 63% of americans say it was wrong to invite netanyahu without notifying the president. tara, what do you think of this in the long run, how's this going to break? good for boehner, bad for who? >> i think it's a delicate issue right now and they're playing politics. i'm not sure which way it's going to go but i think we shouldn't forget that back in 2007 nancy pelosi went to syria against the white house's wishes on behalf