smiley -- i was not quoting from yates i was quoting from atlanta cleaners and dyers citing smiley.thank you. >> mr. clement you have five minutes left. >> thank you mr. chief justice. may it please the court, let me start with the definition of "legislature." obviously we can point to our favorite quotes from the framers. there are 24 34, 35 of the blue brief. the critical thing though is not what the framers meant by the legislature when they were talking broadly about plat call theory or the swiss canton of zug. what matters is when they were talking about assigning particular authorities in the constitution to particular components of the state government. and in that context as a number of you have pointed out, there is no doubt every time they assigned an authority to the state legislature they were assigning the authority to the representative body of the people. now, that takes us to the smiley case. and if the definition of legislature in the smiley case is what this case turns on, then with all due respect to my friends on the other side, we win. because smiley specificall

that takes us to the smiley case. the definition of these smiley -- if the definition of legislature is all that the smiley case turns upon, then with all due respect to my opponent, we win. i am quoting from smiley, not yates or anything else. i am quoting from smiling. what it meant when adopted, it still means for purposes of interpretation. the legislature was then the representative body which made the laws -- >> that is true. smiley does not help him, i don't think, but it helps you less. but that is the question in the case. everybody assumes. nobody denies, it is those people making this law. the question is, are they legislating when they are doing it? nobody denies they were the legislative power. here we have a different question. is this the legislative power received by referendum? the reason i say that smiley may not help, it says be flexible about that. clement: it says be flexible with the power of the state legislature. i do find this very helpful, because not only does it answer the body question, bu

now, that takes us to the smiley case. and if the definition of legislature in the smiley case is what this case turns on then with all due respect to my friends on the other side, we win. because smiley specifically talked, as justice breyer alluded to the body question people in the bricks over there that are making this law. but the question is are they legislating when they're doing it? so nobody denied they were the legislative power. here we have a different question. is this the legislative power you receive by referendum, and the reason i say smiley might help is simply because it says be a little flexible about that. >> i think it says a little bit flexible about the lawmaking authority of the state legislature. so don't think you've been given some new key that allows you to make laws without the process of the governor being involved at all. i do think smiley's very helpful because not only does it answer the body question but the parties disputed this and the other side in smiley said oh we win this case becaus

that takes us to the smiley case. the definition of these smiley -- if the definition of legislature is all that the smiley case turns upon, then with all due respect to my opponent, we win. i am quoting from smiley not yates or anything else. i am quoting from smiling. what it meant when adopted, it still means for purposes of interpretation. the legislature was then the representative body which made the laws -- >> that is true. smiley does not help him, i don't think, but it helps you less. but that is the question in the case. everybody assumes. nobody denies, it is those people making this law. the question is, are they legislating when they are doing it? nobody denies they were the legislative power. here we have a different question. is this the legislative power received by referendum? the reason i say that smiley may not help, it says be flexible about that. clement: it says be flexible with the power of the state legislature. i do find this very helpful because not only does it answer the body question, but

-- overturn hillebrand and smiley? >> you do not have to overturn gillibrand and smiley.those decisions stand for -- smiley in particular, the court was in fact it that -- and found it that the framing of the constitution means then what it means now which is a representative body of the people. >> that is sort of hard to understand because we have made it very clear and smiley and hillebrand that we are defining legislature in this cause. -- clause as meaning legislative process. quest with all due respect i , disagree. once i was saying legislatures mean the legislative properties or the state or whatever it is. the other side said no that it means the representative body of the people. this court said that we do not -- actually we don't have to decide that disputes, but we certainly agree that it means the representative body of the people just as he said five years earlier in the hot case. what the core said first is that it is clearly the legislature of the representative body of the people. that raises the second question which is what kind of authority is delegated

to thank you as everyone has said i don't think i've been to the port offices without seeing our smiley face you've been so wonderful and kind graduating congratulate you on your retirement and wish you lots of luck. >> thank you for everything you've done (clapping.) making sure so i wanted to say that you're a fine individual and man i see you, we talk but to hear all the people saying the nice things most people wouldn't do that but your dedication to the port and to everyone's life i guess that's the greatest froibt not the material possessions but the impact you leave own people's lives you've left an impact including me and continued to be a better commissioner you and your family enjoy our retirement you with only live ones and thanks again. >> we all should have that blessing on our life i certainly do and it's great to see april talk and comment on the life he lived working at the port he obviously talked as you talked i have a great respect for that i wish you a lot of luck and maybe you might consider come back in another 5 years or (laughter). >> i'm going to say one thing e

claimant: we don't have to overturn gillibrand and smiley. court was in fact that the legislature would do -- that it means than what it means now which is the representative body of the people. sotomayor: we made it clear that we are defining legislature in this clause as many legislative process. clement: i'm especially disagree. one side was saying the legislature means the legislative process in the state whatever that is. the other side said, no, he means the representative body of the people. this court said, action, we don't have to decide that dispute but we certainly agree that it means the representative body of the people just as we said five years earlier. what the court said is, first, the delegate is clearly the legislature, the representative body of the people. but that is the second question. what sort of authority is delegated to the state legislatures. the authority is a lawmaking authority. that means that the state legislature has to engage in lawmaking subject to -- sotomayor: this makes no sense to me. i think it is eit

down and taken over- by a group claiming to be isis- and warning "we are everywhere"- followed by a smiley any pages, mobile, anything. the whole site was just black 41:33 with the banner on it." >> reporter :phil laboons- southside company- was one of several whose websites were hacked saturday. in cincinnati ohio- the islamic state banner covered websites for an inn -as well as a restaurant- and near dayton the banner took over the website for a racetrack. the messages in each case were identical to what appeared on eyeflow's site right here in pittsburgh >> "thought it was a joke, you don't really think about isis attacking you here." >> reporter :then laboon says he was instantly worried that his company or people may have been targeted for the charity work they do internationally. >> "when you hear about beheadings and things you don't think that isis can actually affect you it's kind of this other world over there and this is the first time they've been allowed to spread their fear share. >> "if they can go through and hack websites its a way for them to not be in this country but ki

a smiley face did you see that. >> all of the pain and suffering for people suffering with cancer. >>> that's our show everybody. thanks for joining us here at "rtm." we'll see you next time. for over 60,000 california foster children a pair of new shoes is a smaut important gift. to help, sleep train is collecting new shoes of all sizes. bring your gift to any sleep train and they'll be given to a local foster child in need. >>> a motorcyclist is headed toward another rider who -- >> just tried to beat the light. >> pizza delivery guy didn't make it on time. >> cameras show a diner backing away from his meal. >> the video rewinds where see why the manager could smell a rat. >>> inside a water cam was easy. >> it wasn't easy to get his head out. >> why rescuing a changekangaroo isn't for the faint of heart. >> three idiots trying to move a couch. >> faces look familiar. >> we can form a human ladder. >> you're the th

i have to go out there on stage and be smiley and like, what's up, guys?y they're not going to want to give me either. >> none of the other dancers are having luck either. >> i worked for $1 on wednesday night, and i was really upset. >> you walked out of here with $1? >> i walked out of here with $1. and i thought how ironic, people give strippers a dollar. and i have a dollar. >> do you just suck it up and go and try to be happy? >> you do. you keep pushing on. >> with just two more hours before closing, the dancers rally to face a crowd that is not giving. >> good luck, clara. >> i don't know if people really realize how hard the work is. i mean, i watched clara tonight, and she was trying to be peppy and filled with life and laughing for endless hours. and when i left, had 50 bucks to show for it. look, it feels good to feel desirable. and for someone like clara, who spent so much of her life feeling unattractive, i can understand how having this outlet to be uninhibited and adopt this alter ego can be appealing. but when that is your sole job, you rea

the smiley face with a a mustache? or what is it?les man. [ laughter ] pretty good. >> a little heart next to it. >> jimmy: yeah right. you didn't -- you can't really talk about "star wars." but we can talk -- >> i'll tell you everything. what do you want to know? [ laughter ] >> jimmy: you're a pal. >> no, too late, too late, i already said -- >> jimmy: wait a second. is everyone just freaked out and excited and just bothering you. friends and family they're like, oh my gosh, "star wars" do you understand? >> yeah, yeah. my uncle in particular who's just the biggest "star wars" fan ever. he has a mini museum with his figures in different poses and all in glass. he loves it so much. when i told him i was cast he got green and hyperventilated. >> jimmy: oh yeah, yeah, yeah. you have to keep him away from the set. >> but i brought him to set. >> jimmy: no. >> i had to. i had to bring him to set. j.j. abrams was like "security?" >> jimmy: al pacino's like i know that guy. [ laughter ] emoticon your uncles face behind bars. [ laughter an

. >> we come through the line and he signs the receipts and he puts a smiley face. as long as he is here my kids want to come to costco. >> that one knows how long he will be here but he has no plans to quit. these people are his support network. david louie abc7 news. >> it is an amazing thing they did. >> let's focus on a chance of rain. >> let's get to meteorologist sandhya patel. >> hi ama and dan. it is great to see that maybe we will see some showers around here tomorrow morning. as we look at live doppler 7hd, not much of this is actually reaching the ground if anything maybe a sprinkle or two. so far people on social media are not reporting anything. i do want to show you wider view. darker greens and yellows are showing up. we also have moisture off the coast of sonoma there. we are going to watch for that. the temperatures with the cloud cover are pretty mild in the 50s and you can see some of the clouds from our exploratorium camera looking toward coit tower. scattered light showers and the temperatures will rebound on thursday and we are looking at beach

. >> after months of bitter conditions smiley face finally. >> yes, it will feel nice this week ahead will be the mild stretch even though we're tracking opportunities for rain. all in all we have temperatures in the 40s and 50s this week. we'll show what you is going on. stormtracker 6 double scan radar you can see dry all is queue's cross the region however through the overnight hours there could be mild precipitation. and in the near term we'll show you gorgeous picture outside sky6 live in hd we are looking at camden new jersey and camden aquarium there. partly cloudy sky and pretty comfortable conditions for this time of night stalk about highlights today nice to be normal and tracking brief flurry over the overnight hours. high in tld 50. in fact one month since weaver seen temperatures in the 50s. last time we had temperatures in the 50s was exactly one month ago february 8. but high temperature then of 51 so. a brief flurry is likely north and west of town or light glaze of precipitation. future tracker 6 showing you 6:00 in the morning you notice some precipitation breaking o

a smiley face did you see that. >> all of the pain and suffering for people suffering with cancer. >>> that's our show everybody. thanks for joining us here at "rtm." we'll see you next time. ♪ ♪ ♪ >>> a motorcyclist is headed toward another rider who -- >> just tried to beat the light. >> pizza delivery guy didn't make it on time. >> cameras show a diner backing away from his meal. >> the video rewinds where see why the manager could smell a rat. >>> inside a water cam was easy. >> it wasn't easy to get his head out. >> why rescuing a

. >> we come through the line and he signs the receipts and he puts a smiley face.ng as he is here my kids want to come to costco. >> that one knows how long he will be here but he has no plans to quit. these people are his support network. david louie abc7 news. >> it is an amazing thing they did. >> let's focus on a chance of rain. >> let's get to meteorologist sandhya patel. >> hi ama and dan. it is great to see that maybe we will see some showers around here tomorrow morning. as we look at live doppler 7hd, not much of this is actually reaching the ground if anything maybe a sprinkle or two. so far people on social media are not reporting anything. i do want to show you wider view. darker greens and yellows are showing up. we also have moisture off the coast of sonoma there. we are going to watch for that. the temperatures with the cloud cover are pretty mild in the 50s and you can see some of the clouds from our exploratorium camera looking toward coit tower. scattered light showers and the temperatures will rebound on thursday and we are looking at beach weath

. >>> early this year a smiley robert watkins appeared in this recreation and park promotion video. >> i am the park services manager. >> now he is in the hospital with a back injury, broken ankle and concussion. on tuesday he was with crews trimming trees in hilltop park when a tree unexpectedly came crashing down. a fire department spokesman said that he tried to get out of the way but was trapped under the branches and hit in the back. watkins is expected to recover. he is lucky. >> we have seen accidents some fatal, because of trees that fell on workers. >> tree trimming is dangerous work whether you are in the tree or on the ground. the agency is investigating the incident to determine if safety procedures were being followed. if not, rec and park could be cited. >> citations come with monetary penalties. >> osha has six months to complete the investigation. rec and park has issue add statement saying watkins is a long time dedicated members of the team and we wish him a speedy recovery. he has worked for the department since at least 2004 when we interviewed him for a story on a

. >> we come through the line and he signs the receipts and he puts a smiley face.e is here my kids want to come to costco. >> that one knows how long he will be here but he has no plans to quit. these people are his support network. david louie abc7 news. >> it is an amazing thing they did. >> let's focus on a chance of rain. >> let's get to meteorologist sandhya patel. >> hi ama and dan. it is great to see that maybe we will see some showers around here tomorrow morning. as we look at live doppler 7hd, not much of this is actually reaching the ground if anything maybe a sprinkle or two. so far people on social media are not reporting anything. i do want to show you wider view. darker greens and yellows are showing up. we also have moisture off the coast of sonoma there. we are going to watch for that. the temperatures with the cloud cover are pretty mild in the 50s and you can see some of the clouds from our exploratorium camera looking toward coit tower. scattered light showers and the temperatures will rebound on thursday and we are looking at beach weather for

. >> he signs the receipts and puts a smiley face. >> reporter: no one knows how long he'll be here. but arley has no plans to quit. these people are his support network. in san ramon, david louie, abc 7 news. >> don't you love that story? if you have a news tip please reach us by e-mailing us at abc7listens. tweet us. find us on facebook. facebook.com/abc7news or give us a call. 877-222-7777. >> arley, we are pulling for you. >>> santa clara county is targeting the so-called toxic trio in nail salons by starting a new outreach campaign. supervisors are asking salon owners to switch from products containing three chemicals known to cause health disorders. grants will be offered to salons who participate for better ventilation systems. >>> and the city could be the first in the country to require warning labels on ads for sodas. billboards buses and sports stadiums would say drinking beverages with added sugar contributes to obesity, diabetes and tooth decay. the beverage industry fought hard against a similar state proposal that failed last year. >>> one of the biggest companies in t

>> you certainly don't have to overturn hildebrant and smiley we think those cut in our favor. with smiley in particular the court was emphatic that the legislature was a term of certain meaning in the constitution, at the framing of the constitution, that it means then what it means now which is a representative body of the people. >> that's sort of hard to understand because we made

>> we drew her a picture of a happy kidney on one side with a little smiley face and a sad kidney on the other. we told her this is the kidney that got hurt, but he's going to get better in a couple of weeks. his sad face will turn happy. >> reporter: sophia will be out of school for the next two weeks but doctors have given her some homework. >> i'm supposed to walk, walk three times a day. and it's very tricky because there's lots of pressure. >> reporter: although she is tired an assignment she said she's happy to do. she was originally scheduled to go home today but doctors tell us that has been pushed to tomorrow. they want to monitor her fever which is something that is common with kidney injury. reporting at stanford, chris wynn, abc 7 news. >> what a sweet -- >> i hope she feels better soon. >> poor thing. >>> well, speaking of kidneys just ahead on abc 7 news at 5:00 phase two of the six person kidney transplant in san francisco. doctors let us know how everybody is doing. >> an announcement on the raiders feature in television announcer: mattress discounters' $197 mattress

sad faces bad -- smiley faces good. sometimes a receding series of z's.his is also valuable to me because then i know what doesn't work. she has the fresh eye of a very talented reader. brian: charles lauriat, who was he? erik: charles lauriat, the reason he was in the book was detail. he left great accounts of the voyage, the sinking, and the aftermath. anybody who was in that book as a passenger or any other character except for the obvious ones, is there because of the detail. one reason i loved it was because he was a bookseller in a time that is being referred to as the golden age of book collecting. he was the owner of a bookstore in boston. and he was famous. a bookseller, famous, can you imagine? famous and well-off enough that he could take his annual buying trip to england traveling first-class and spending months in england and then coming back with things they could sell out of his store. i love to store but i also love the fact that, strangely enough, in one filing in the national archives in washington dc, he lost some things aboard this voy

and then a smiley face. >> medical people prefer a clean break that heals faster and is stronger thanore rather than a strain. >> as a fan we do not want any kind of break. >> that is true. >> odd year jinx. >> "sports illustrated" -- was he on the cover? >> normally the chinese new year parade is a rain jinx. >> i was there manning with the rain one year for three hours. >> month selfie from that? >> back when i was a teen? >> how old do you think i am? >> a polaroid? >> the parade is tomorrow and we will take a look at that in a second and show you the forecast as we look from the exploritorium. we cannot get enough of the wonderful lights as they dance around and what we will deal with tomorrow. here it comes. you can see the clouds developing along the coast as we head into the afternoon hours but they will stay away from the parade until possibly the end. 62 at 5:15 and dropping to 57 degrees bit end. right new all is quiet on live doppler hd and you can see unlimited visibility. the nearly full noon with the reflection in the calm bay water this morning it was full last night, t

. >> no longer just for smiley faces and photos. now payments as well. >> it's just 50 days until one of the closest u.k. elections in living memory. later osbourne will layout his budget but what will the opposition have to say? we'll find out after this short break. ♪ building aircraft, the likes of which the world has never seen. this is what we do. ♪ that's the value of performance. northrop grumman. >>> welcome back. global markets in wait and see mode with the fed ex expected to part ways with patience today and alibaba's lockup period ends allowing early investors to sell more than 300 million shares. the u.k. finance minister will deliver the final budget before the country heads to the polls in 50 days time but he says there will be no preelection gimmicks in that budget. let's get out to westminster with more. >> good morning. he might say there's no gimmicks of give aways but this is going to be political grand standing at its most extreme but don't forget we have an election just weeks away and it gives the chancellor an

today the company responded to public outcry by changing status of chubby cheek smiley face from feeling fat to feeling stuffed. this after body image activists started on-line petition to get face book to drop the emoji. the group said it leads to people thinking it is tock body shame. facebook said it will continue to listen to users' feedback. >> we need an emoji for gloomy. that's what it is today. >> as you can see, from the north bay to south bay, at times, mist around the north bay, around the marin headlines. right now, dublin 61 degrees. we managed mid 70s. you don't see that too often. we have warm ircoming up from the south with weather system help doing that. 61 in san jose. in san francisco, low clouds again spilling across the bay. 59 degrees currently and those onshore wind we hope will do a couple of things. one, push haze off to the east and with rain drops in the air, that will help with some of the pollen giving folks issues. from sonoma county to marin county we are watching light rain wash ashore there. the focus of the system, we think, more intense showers in the n

when it's nice out, everybody's nice and smiley and having a good day. >> true. >> holding the door for folks and strangers. >> kindness comes out when it's warm. >> it's going to be one of those days you want to enjoy. high clouds but filtered sunshine's going to continue all day. temperatures are going to be warm. some of the warmer cities will get into the 80s. flip off the heat. you might need the air concern later on. open up the windows, let fresh air in. showers on the way for some of us. cooler day tomorrow. though it's going to be warm today, temperatures in the 70s tomorrow. more comfortable air. notice later on, it's going to be downright warm. 82 north bay. 84 east bay, 76 san francisco. south bay, middle 80s because of starting off so mild, close to 60. that's going to bump up close to 80 later on. rain in the forecast tomorrow. back to talk about that. >> always something going on. thanks. >>> we have new details about a teenager bay area mall. 17-year-old christian rasner is in intensive care recovering from brain surgery after attacked by suspected gang members. it happe

a big smiley face emoji of a deal. cue the emojis. oh there's been hope said as long as there was no deal with visa, maybe american express with come back to the table. nope, i figured it would be down hard. we learned that amex is done it's done with costco yet it rallies anyway. perhaps buffett praised the stock. i figured hey, maybe if we let it run a bit, if it's not unhappy, he's happy, i'm happy. we're all happy. here's another shocker and most markets when you get a run-up in the good news you get a post news sell-off. netflix's house of cards is the most popular tv show and that's why it went up in the release. proving without a doubt that this market is plain happy with stuff that we all knew was going to happen anyway. frank underwood would approve. so would have petrov. or how about when i had domino's pizza on the show after they were hammered last week. not so with the guidance i tamped it down. buyers recognized the declines represented opportunity and both stocks are rallying that's pure unmitigated happiness. like the

it's thought to look symmetrical and optimistic like a smiley face. dij cal watches are set to 10:09. heck eej this bird clock was advertised at the chickadees the only mouse apple oofrs isffers is micky. jeanne moos, cnn, new york. >>> thanks so much for joining us. "ac 360" starts right now. >>> good evening. thanks for joining us. it's hard to imagine, truly sad to say, but this is the big story tonight. 50 years after selma and the voting rights act, a bus load of young white men singing about hanging young black men from trees. the incident and the uproar happening at one of the best-known universities. we'll talk about it tonight. >>> first, quickly breaking news out of ferguson missouri. ronald brockmeyer the judge who imposed harsh fines on local citizens mainly african-american citizens while getting his own tickets fixed, he has now stepped down. he also you may recall owes $170,000 in back taxes. in a written statement, a lawyer in his firm said that the judge recognizes he has lost the public trust in the wake of the de

as you see, he is a a smiley, happy, got four years left on his contract, eagles restructured that, had season with 14 and a half sacks, they hear more guaranteed money for a person that really lovers the city of philadelphia. >> that's sports in a minute. i'm howard eskin. >> how about this? at the sixers game last night honor the family of fallen officer robert wilson iii. >> officer wilson as you now was killed during robbery on march the fifth. >> but the sixers tweeted these picks of family enjoying night out at the wells fargo center. wilson's son posed for pictures with the players. and he also got a new pair of shoes, it was a belated birthday gift from the team. >> t-shirts with name and badge number of the fallen officer. >> highlight, when his son took to the court to take a shot of his own, the sixers win onto beat the pistons, 94 to 83. >> nice jump shot. >> sure does. >> oh, that's really sweet. >> all right, nice moment, thanks sixers. 6:25,. >> going to the salon really fun day for any woman. but it is really, why are you saying ugl? >> i hate the salon. that's why i sai

it's set to look optimistic like a smiley face. even digital watches are set to 10:09.ey. >> 10:09. i had no idea. i haven't worn a watch in years. thank you so much for watching "cnn newsroom." >>> errol barnett is up next. >> he is flying solo tonight. where are you? >> somewhere. watching cnn. >> good work. alright, so this tylenol arthritis lasts 8 hours but aleve can last 12 hours. and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? how are ya? good. aleve. proven better on pain. the lexus command performance sales event has begun. command track-tested precision with the fastest-growing automotive luxury brand on the road. including the exhilarating is. powerful gs. and first-ever rc coupe. with more new models than ever there's never been a better time to experience lexus performance. during the command performance sales event. get great offers on our most dynamic models. now through march 31st. see your lexus dealer. bring us your baffling. bring us your audacious. we want your sticky notes, sketchbooks, and s

whenever he came here, he was smiley and friendly. but then others were speculating that the you heard of the speculations that maybe he was sick, and he can't say that, that, you know, when he saw him friendly, and he didn't see what else was going on in his head. >> reporter: now, what that man told usussings, don, is that lubitz and his girlfriend would go there often and all of that stopped two months ago and neighbors stopped seeing her in the area, and he stopped frequenting the place as well, and this is also around the time that lubitz started to receive treatment here in the clinic at dusseldorf at the university medical clinic and went there in february and got a diagnosis for some sort of illness on march 10th, but what we don't know is what that diagnosis was because of the medical confidential, and the investigators scoured the apartment for life events and trying to put together pieces of evidence to see what might have triggered the horrible incident that ended with 150 people who lost their lives. >> thank you, will ri

as you see he's a smiley, happy, four years left on his contract eagles restructured that. he had a season with 14 and a half sacks. more guaranteed money for a person that really loves the city of philadelphia. that's sports in a minute. i'm howard eskin. >> the sixers honor the family every fallen philadelphia officer robert wilson iiiment take a look at the pictures. sixers tweeted these out. family enjoying night out at the wells fargo center. wilson's son posted for pictures with some of the players. he even got a new pair of shoes, a belated birthday gift, from the team. family members and supporters wore t-shirts with the name and badge number that far fallen officer. but the highlight of it all was when his son wilson's son, took to the court to take a shot of his own inspired the sixers went onto beat the pistons 83 to 94. what a fun night. >> still to come at 4:26, 14 year old in custody being questioned by homicide detectives. police say he might have something to do with a shooting last week when a father was shot dead while walking his dog. and local family is

but he did follow some of those tweets with a smiley face emoticon.hat really won over the obama administration. it's the obama administration. and israel better prepare for a future on its own because we're going to have obama presidents from now to the end of time with the democrats adding ten, 20 million more voters right now. i mean did you see the democrats reactions and netanyahu's speech? these people will always calling for dialogue dialogue on race dialogue on income equality, dialogue on college rape, but they won't participate in a dialogue by just showing up and listening to the prime minister of israel and then turn around hysterically denounce it. a political ploy luiz gutierrez called it. get used to that america. and get used to that israel because that's going to be the ruling party in america from now until the end of time. >> i want to get back to that in a second. i want to go to this. last week -- just last week the iranians straits of hormuz what are they firing at? markups of american ships. lest i need to remind people of the 1

it looks like a smiley face. even digital watches are set to 10:09.s advertised at 9 past. the only mouse apple offers is mickey. jeanne moos cnn, new york. >> thank you, jeanne moos. it's a brutal day on wall street. dow has dropped more than 200 points. it's fallen so much that it wiped out any gains from this year. the strong dollar is expected to hurt u.s. corporate earnings. some saying the dollar may trade one to one with the euro soon but if history is any indication the market may go right back up. thank you for joining me today. i'm carol costello. "at this hour" starts now. >>> hours away from what could be a make or break news conference. hillary clinton on her use of personal e-mail while she was secretary of state. how will she explain it? details ahead. >>> get out by midnight. that's what the university of oklahoma is telling the members of sigma alpha epsilon over video of a racist chant. we'll talk to black former member of that chapter about his experience at the university. >>> a truck stuck on the tracks. the train barrels to do it

trystan was smiley. >> reporter: 12 hours later their lives were inimaginably altered when they realizedar-old trystan had not cried out for his 2:00 a.m. feeding. >> i shot up in bed and looked at the monitor and all i could see was his butt in the air. i went into the room and pulled him up out of the bed and i just heard this gasp for air. i looked at him and he was so cold. >> reporter: the mother found trystan slipped over and struggling to breathe took the baby to the hospital, thinking he might have suffered a diabetic reaction. to medstar hospital, doctor suspected meningitis. by wednesday morning trystan was dead. a doctor told the shortelles the cause appeared to have been child abuse because of bleeding behind the eyes and other symptoms. >> and he pulled both of us into the psych room and said we have reason to believe trystan died from shaken baby syndrome, the evidence doesn't lie. my mouth dropped. i was, like there's no way. >> i didn't even know what they said i said, i don't know what that is. >> reporter: within minutes of trystan's death, the mother was put in a room

it's been featured on national public radio's all things considered, tibor smiley on international and the madison show went. xm. the book was selected as "the new york times" book review editors choice, a best book of 2014 by the "san francisco chronicle" in a book of the week by the times higher education in london. the roots chose "a chosen exile" is the best nonfiction book i bought copters in 2015. please join me and welcoming allyson hobbs to the national archives. [applause] >> well, thank you so much for such a lovely and generous introduction. my sincere thanks to douglas for inviting me to come to the national archives. it is such a pleasure being in the beautiful city with such a rich history. thank you all so much for coming. i really appreciate it. i am very eager to hear your questions and your comments. .. she joined a crowd that numbered in the thousands, and she cheered as the drum majors, batons workers and celebrities in convertibles passed by. she ran out to the floats to touch the parades anointed king and queen, and cotton candy that the participants tossed to her

lookout point that did not stop the dozens of hikers for regulars at this dramatic spike hackers like smiley was minutes away from standing on our truck. there is to convince people underneath and is definitely were people on top still keeping park officials could have done more in close d'albert valley trail with the cracks when they're taking the time to put the size to warn you that any reasonable person safely assume that this art is safe to walk on our trout is close to the time being until further notice too late for the hiker who lost life. >>james: here is a live look outside the embarcadero camera this morning in san francisco speaking of the city here was a quick look at preconditions' will have that coming up in just a moment. >>james: today the day the house there the week we have recall did receive we're right on target. >>reporter: out start your with your afternoon highs for this afternoon some areas you want to take note are in san jose the daytime highs will continue here is a live look at the embarcadero camera clear skies up there some pettifog is possible across the area

. >> he was very smiley very excited to see her. >> d'agata?. >> is george clooney in this season? >> he did something, but we're not going to see him. it's part of a promo. >>> we have a rare look at the inner >>> uh-oh. we've got a challenge for roerj. >> a pass to a young guy here. he looks like he's ready to go. >> look at this. the forehand. roger freaked out. but he gets a pass. >> he got it. >> a lob shot. you can see here roger federer were playing an exhibition match but it was this young player who stole the show. invited down to challenge federer, the young man invited to hit the shot. >> lobbed it right over his head. >>'ve been working on my lob shot. i'm not very good at it. >> i love that he's not even dressed in tennis clothes and pulls that off. >> very nice. >> wonder how old he is. nicely done. >>> welcome back to "cbs this morning." coming up in this half hour they're nourishing the body along with a soul. a growing number of congregations are filling the pews by offering spiritual as well as physical health. how the sunday

. >> he was very smiley very excited to see her. >> d'agata? is george clooney in this season? >> he did something, but we're not going to see him. it's part of a promo. >>> we have a rare look at the inner wor >>> good morning everyone i'm ukee washington. >> in the news car crashed in the trenton area home is now a murder investigation. chopper three over 1100 block of hamilton avenue. police say someone shot a man causing him to lose control of his car. he died in the hospital overnight, police continue to search, for the the gun man. >>> kate is in the weather center with your forecast, good morning. >> good morning, everyone. what a good morning it is turning out to be, to look at blue skies across the area the lets get outside and see what the morning is looking like. boy, it is gorgeous out there. not a cloud to be found. it will be a sunny beautiful thursday, storm scan three we're sweeping the area not finding anything at all. radar working overtime this morning, nothing to track here but that will change by tomorrow night as rain give

. >> he was very smiley very excited to see her. >> d'agata?or. >> is george clooney in this season? >> he did something, but we're not going to see him. it's part of a promo. >>> we have a rare look at the >>> linda macdonald is captioning for you in real time. good morning, it's:25. i'm frank mallicoat. some of the headlines now around the bay area. two carjacking suspects from san jose are in police custody this morning. this all started after the two men led police on a high-speed chase that end in sunnyvale. police say there is no outstanding suspects now, no injuries reported. >>> students plan to rally tonight to support catholic high school teachers in the san francisco diocese. at issue are morality clauses proposed by the faculty handbook. the clauses call for teachers to abide by the church's teaching against things like sex outside of marriage and homosexuality. today's rally is set to begin at 5:30 outside st. mary's cathedral in san francisco. >>> and supporters of hillary clinton are holding a fundraiser in san jose today amid th

wants to be here so we haven't seen the security that was sort of involved in that, but amount of smiley to check back with you, and again, the actual march begins an hour from now. straight ahead, what time is it? apple is hoping that next time someone asks you that question that you'll be answering with their latest product. >>> but first this open court report. >> with 470 straight wins and 7 paralympicic gold medals she is the most decorated player in tennis. she was left paralyzed after a risky operation to correct a birth defect. >> a prablg kl way of how to use your chair and then also the fact that you realize that you can still be part of it you can still be part of society and still have a really fun social life. >> r. >> >> we'll pretend this is one of those sports that you have to be really fit for, to move your chair, to move yourself on the court and be on time to get the ball. but you have to have the flexibility and the pace in your arm to hit a ball really hard. i think the fact that it's physical it's tactical it's mental and it has everything and that's probably why i

that the united states supreme court has provided repeatedly plunged chevron most recently under smiley face bee citibank and you alluded to it in paragraph 329 of the order. i also want to express my gratitude to all of you for joining in the bipartisan vote to repeal the sports blackout rule that i long called for with my colleague senator mccain. we plan to pursue that issue and the fans act because the sports leagues unfortunately have themselves continue to retain the power to blackout games to their private contract agreements and my special thanks go to commissioner clyburn for starting the proceeding could commissioner peco for focusing the agency's attention on this issue but i want to express to all of you the action that you have taken, strong and again emphatic action on cramming particularly to commission a rosenworcel for coming to connecticut about the pernicious effects of cramming and the attention that they need to pay for it but this action on stopping cramming through the settlements that you reached with at&t and t-mobile i hope will lead to rules that go beyond tho

that the united states supreme court has provided, repeatedly, under chevron, most recently, under smiley citi bank and you alluded to it in paragraph 329 of the order. i also want to express my gratitude to all of you in joining in the bipartisan vote to appeal the sports blackout rule they long called for with my colleague, senator mccain. we planned to pursue that issue in the fans act, because the sports leagues, unfortunately, have themselves continued to retain the power to blackout games through their private contract agreements and my special thanks go to commissioner clyburn for starting the proceeding, commissioner pie for going to buffalo and announcing your opposition to the blackout ruling and chairman wheeler for focusing the agency's attention on this issue. i want to express to all of you the action that you've taken, strong and, again, emphatic action on cramming. and particularly to commissioner rosen for coming to connecticut and helping to educate consumers there about the pernicious effects of cramming and the attention that they need to pay to it, but, again, this ac