justice sonia sotomayor: all right. number two, i thought there were two questions in this, in this part of your case. the first is, don't we have to decide that abandonment, which you have termed, is cause-- mr. garre: yes. justice sonia sotomayor: --in a -- to excuse a procedural bar in a state court. mr. garre: right. and that is-- justice sonia sotomayor: so we have to decide first whether we extend holland to this setting. mr. garre: --well, i think they're independent grounds. if the court concludes that the state's own actions-- justice sonia sotomayor: that's the due process. i'm talking about -- yes, both we would have to decide. but assuming -- we have to decide the first question. mr. garre: --well-- justice sonia sotomayor: will we extend holland to this type of situation. mr. garre: --i don't -- i don't -- i just want to be clear on this. there are independent grounds. if the court concludes that the state's action-- justice sonia sotomayor: yes, i understand. mr. garre: --but with respect to the attorneys,

justice sotomayor: i'm sorry. going back to the question justice kagan asked you, if one of these protestant teachers that's not lutheran led the cafeteria prayer, as they are required to, you're now saying that the law must recognize that lay teacher as a minister and apply the ministerial exception, even though the religion doesn't consider her a minister? mr. laycock: i -- i didn't say that. i said -- justice sotomayor: well, but that was the answer you gave. if she taught a religious class -- mr. laycock: if she teaches a religion class, not if she merely leads a prayer. justice sotomayor: so, what is your definition of "minister"? maybe we need to find out. so, it's not a title. it's really -- the only function -- you're saying anyone who teaches religion? mr. laycock: i think if you teach the religion class, you're clearly a minister. but if you are -- if you hold an ecclesiastical office, that makes this a very easy -- justice scalia: okay, but this is -- you're saying a fortiori, but basically you'd be her

. >> another dimension, it has been called to mind in this question that justice sotomayor was cross-examined in a rather aggressive way concerning her statement that a woman, i think she went on to say hispanic woman -- >> wise latina. >> you are running way ahead of me. could understand a lot of things much better than people, certainly such as i, and perhaps even you. so we are talking both about, so to speak on ethnic and cultural background and gender. they are affecting the way people understand what justice is. >> well, she -- i thought she answered the question pretty well. she got confirmed. the fact is that at the same time, the justice alito understands some of those cultural issues. it is interesting. the supreme court of the united states today has no protestants on the supreme court. isn't that interesting? we basically have catholics and jews. >> i have been very worried about that, i will tell you. [laughter] >> i mentioned it because i thought it was keeping you up at night. the fact is that i have no doubts that they each will do what they said in their nomination, which is

>> no, justice sotomayor. >> so there is some privacy -- >> i can be clear about this. it seems to me that hudson v. palmer and the history of the fourth amendment clearly suggests that there is no reasonable expectation of privacy of being viewed naked in a prison. and, therefore, the ordinary burlington approach of having somebody take a shower and looking at him or her naked for tattoos and health and the incidental contraband clearly constitutional, clearly doesn't even raise a fourth amendment issue. >> when you get beyond that point and start to begin what essex does which is not a true anal cavity search but simply an anal-focused and genital-focused search, i think that is subject to turner v. safly and -- >> so we get back to justice alito's question, isn't one of the factors that we look at under the fourth amendment reasonableness, and should we be thinking about the fact that many of these people who are now being arrested are being put into general populations or into jails sometimes not just overnight, but for longer period of times like this gentleman, fo

tambiÉn contÓ a quÉ atribuye su exito, tambiÉn entrevistaron a la jueza del tribunal supremo sonia sotomayor, documentara la bÚsqueda de talentos para unirlos en un mismo espectÁculo, y se transmitirÁ en mas de 20 paÍses. >>> bueno, la historia del afamado productor casey, oriundo de california, Él le confiesa por quÉ emigrÓ a guatemala y cuÁl es la formula para llegar a famosos como carlos santana y ricky martin. >>> educaciÓn y pasion es la receta del Éxito del productor musical. >>> si una persona quiere ser exitoso en cualquier campo yo creo que si la pasiÓn no estÁ ahÍ no vas a realmente a tener Éxito. >>> su formulo funcionÓ, trabajo junto a carlos santana, celin dion. >>> son artistas que son humildes y tienen un talento enorme. >>> y a la reina de la mÚsica texana le ayudÓ. >>> tuviste que emigrar para estudiaren la universidad. >>> a los 7 aÑos fuimos a guatemala, mis padres son pioneros como misioneros en una religiÓn nueva, y decidieron ir a compartir esta religiÓn, y cuando volvÍ a los Ángeles tenÍa esta nueva cultura, de los 7 a 17 aÑos soy latino, aunque no lo parezca. >>> en 1

it has been widely recognized, as justice sotomayor mentioned, by the court of appeals going back 40years. so we can see how the recognition of this exception within, with certain contours has worked out. and how has it worked out over those past 40 years? have there been a great many cases, a significant number of cases involving the kinds of things that justice sotomayor is certainly rightly concerned about in which ministers have been fired for reporting criminal violations and that sort of thing? >> the only -- i'm not aware of any such case. the one case i am aware of cuts the oh -- other way, a myster, a priest accused of sexually abusing children was fired, and in that case they were able to get rid of him. there is a cert petition pending in which a teacher with a long series of problems in her school called the police about an allegation of sexual abuse that did not happen at the school, did not involve a student or parent at school, someplace else, and called the police and had them come interview a student without any communication with, with her principal. and the respons

juan carlos, president obama pointed to sonya sotomayor, is that enough to pin on hispanics at this time? >> this hispanic community, they're upset the reform didn't happen. they've been signaling the white house for that. they're also upset about the deportations. the obama administration has already deported about 1 million people in the three years. the figures for 2011 are almost 400,000, more than any republican president. but the interesting thing is that even though hispanics are upset and feel that the president hasn't delivered on that promise, he did name sonya sotomayor, he does have members in his cabinet. he's done a lot of things. they're not hearing a message from republicans saying they'll do things differently. on the contrary, the impression we get speaking to people is they feel pushed away from the republicans. >> quickly, mark, if you can answer this. a short time left here. will the eventual nominee need somebody like mark rubio for the hispanic vote? they have different issues, they don't all vote the same. >> that's absolutely true. juan carlos knows this better t

justice sotomayor. justice kagan. they won't vote that way. the demonstrations are very important because they give you the potential to mobilize people. but people need to take the next step and they have to, one, let the people now in office know what they think, and two, vote for the people who do that. in the senate, there was just a very partisan vote to put a surtax on income above $1 million. i'd like to go even lower. that would have been a progressive step. unfortunately it was filibustered because the republicans voted unanimously against it and all but a couple of democrats voted for it. that wasn't enough. yes, i hope there will be pressure to do even more, but i, again, want to be honest, simply being in a public place and voicing your opinion in and of itself doesn't do anything politically. it is the prerequisite, i hope, for people getting together and voting and engaging things. and i understand some of the people on occupy wall street are kind of critical of that. they think that's conventional politics. well, you know, the m

as justice sonia sotomayor said there's an increasing number of people being arrested today for minor offenses and that raises concerns about how traumatizing these searches are even arrest teens, for example, for breaking curfews. justice alito said what if you're someone who has a lot of traffic tickets because you were caught by a speed camera. does that person have to undergo a body cavity search? and the lawyers for the government and the jail said yes. you need this blanket rule. you can't risk making distinctions. >> woodruff: so this will come down to-- if the justices choose-- to their drawing a line, where they draw that line? if they choose to draw the line at all? >> exactly. they may not choose. the lawyers for the government and the jail said the court very often has deferred to the discretion of prison officials when it comes to the health and safety of the prison population and they may just decide that's what they have to do in this case. on the other hand, they do have concerns about this major/minor offense distinction and if they want to draw a line it may be very

>> no, justice sotomayor. >> so there's some privacy rule. >> i can be clear about this. hudson v-palmer and the history of the fourth amendment says there is no reasonable expectation of privacy of being viewed naked in a prison. therefore, the ordinary burlington approach of having somebody take a shower and looking at him or her naked for showers and tattoos and incidental contraband, clearly constitutional. clearly doesn't even raise a fourth amendment issue. when you get beyond that point and start to begin the -- what he was section does, which is not a true anal cavity search, but simply an anal focused and general tal focused search, -- genital focused search, that is towards turner and bell v. wolfish. >> isn't one of the factors that we've looked at under the fourth amendment reasonableness? and should we be thinking about the fact that many of these people who are now being arrested are being put into general populations or into jails sometimes not just overnight, but for longer periods of time, like this gentleman, for six days, before he sees a magistrate? sh

the majority tends to be with him, justice ginsburg, justice sonia sotomayor, and justice takkagen. many will tell you, that there are a whole lot of cases that do not split along that ideological divide. there are criminal cases where they decide 9-0. in the very biggest cases, that tends to be where these litt is. -- with the split is. host: there are questions if elena kagen should exclude yourself from the health care laws. some say she may help prepare defenses for the law. some called on justice clarence thomas to recuse himself because of his wife's involvement in lobbying against the law on grounds that it was unconstitutional. guest: it seems very political. almost all republicans and conservatives would want elena kagen to step aside. almost all democrats and liberals would what clarence thomas to step aside. a lot of people say he should step aside. but the truth is a justice -- his spells can do what he wants, and it does not affect how he decides a case. the same thing with elena kagan. she said at her hearings and has continued to say this that she did not actually wor

the majority tends to be with him, justice ginsburg, justice sonia sotomayor, and justice takkagen.will tell you, that there are a whole lot of cases that do not split along that ideological divide. there are criminal cases where they decide 9-0. in the very biggest cases, that tends to be where these litt is. -- with the split is. host: there are questions if elena kagen should exclude yourself from the health care laws. some say she may help prepare defenses for the law. some called on justice clarence thomas to recuse himself because of his wife's involvement in lobbying against the law on grounds that it was unconstitutional. guest: it seems very political. almost all republicans and conservatives would want elena kagen to step aside. almost all democrats and liberals would what clarence thomas to step aside. a lot of people say he should step aside. but the truth is a justice -- his spells can do what he wants, and it does not affect how he decides a case. the same thing with elena kagan. she said at her hearings and has continued to say this that she did not actually work on t

the majority tends to be with him, justice ginsburg, justice sonia sotomayor, and justice takkagen. many will tell you, that there are a whole lot of cases that do not split along that ideological divide. there are criminal cases where they decide 9-0. in the very biggest cases, that tends to be where these litt is. -- with the split is. host: there are questions if elena kagen should exclude yourself from the health care laws. some say she may help prepare defenses for the law. some called on justice clarence thomas to recuse himself because of his wife's involvement in lobbying against the law on grounds that it was unconstitutional. guest: it seems very political. almost all republicans and conservatives would want elena kagen to step aside. almost all democrats and liberals would what clarence thomas to step aside. a lot of people say he should step aside. but the truth is a justice -- his spells can do what he wants, and it does not affect how he decides a case. the same thing with elena kagan. she said at her hearings and has continued to say this that she did not actually wor

justice sonia sotomayor never put -- anthony lewis -- the 27 on appeal. >> i have those opinions and i was reading a lot of them. i sometimes wonder, after deciding a bitterly divided case you folks come to work the next day and see each other. how does it work? >> it is not merely respect but we genuinely like each other. antonin scalia is my biggest buddy at the opera. we have traveled different places in the world together. the best example of how the court operates as a family with each other, first colorectal cancer which was diagnosed early in september and the first monday in october, everyone rallied around me to make it possible for me to show up in court. that first session at the end of it and she said justice rehnquist called and said we should keep you light. what case would you like to have? something he had never done before. and i said she is not -- i am going to go through chemotherapy and radiation and there will come a time i need a light assignment but this time in two cases i would like to have she said those were two cases i was thinking you were pregnant. she g

>> no, justice sotomayor.h the rap sheet does show and we are perfectly fine with them looking at the rap sheet, it is in the joint appendix and says that a single charge he pleaded guilty and got a term of probation. there is nothing about the jail would have had any information stressing that he had some charge involving did deadly weapon and that is why they themselves certify that there was no reasonable -- >> was the rap sheet always available immediately? i thought it was rather common, correct me if i am wrong, based on the practice some years ago that it would take maybe 24 hours, 48 hours for the wiretap, for the services to report he was wanted for questioning for a very serious crime in some other state cracks in my practice at least county jails were much more dangerous than penitentiaries because you don't know who these people are. an arrest them for traffic and they may be a serial killer. you don't know kristen it is not the view of the jail in this case. the applied a reasonable suspicion stan

the majority tends to be with him, justice ginsburg, justice sonia sotomayor, and justice takkagen. many will tell you, that there are a whole lot of cases that do not split along that ideological divide. there are criminal cases where they decide 9- in the very biggest cases, that tends to be where these litt is. -- with the split is. host: therere questions if ele kagen should exclude yourself from thhealth care laws. some say she may help prepare defenses for the law. some called on justice clarence thomas to recuse himself because of his wife's involvement in lobbying against the law on grounds that it was unconstitutional. guest: it seems very political. almost all republicans and conservatives would want elena kagen to step aside. almost all democrats and liberals would what clarence thomas to step aside. a lot of people say he should step aside. but the truth is a justice -- his spells can do what he wants, and it does not affect how he decides a case. the same thing with elena kagan. she said at her hearings and has continued to say this that she did not actually work on the

. >> as a tactical question justice kagan and sotomayor that given the opportunity they would overturns it still in flux as of constitutional law is but something that would be in during or go buy the wayside? >> it is hard, to say what would happen in the short-term i don't think it would be happen you never know which judicial appointments heller was the five/four decision a subsequent in 2010 saying the second amendment applied equally too legal -- local and state governments that was also five/four suni type of judicial appointment may change that. i don't think the democrats have a lot to gain by pushing for nominees cetera hostile to bear arms i think supporters are very unlikely to support nominees that could change the vote from five/four and i am hopeful in the long run this is the kind of decision that is seen that helps american politics move forward and accepted by both sides of the issue. >> earlier today there is a panel on an arco drug wars and talking about the weapons being used originate here in the united states. are there ways we can control but without infringing o

justice sonia sotomayor never put -- anthony lewis -- the 27 on appeal. >> i have those opinions and i was reading a lot of them. i sometimes wonder, after deciding a bitterly divided case you folks come to work the next day and see each other. how does it work? >> it is not merely respect but we genuinely like each other. antonin scalia is my biggest buddy at the opera. we have traveled different places in the world together. the best example of how the court operates as a family with each other, first colorectal cancer which was diagnosed early in september and the first monday in october, everyone rallied around me to make it possible for me to show up in court. that first session at the end of it and she said justice rehnquist called and said we should keep you light. what case would you like to have? something he had never done before. and i said she is not -- i am going to go through chemotherapy and radiation and there will come a time i need a light assignment but this time in two cases i would like to have she said those were two cases i was thinking you were pregnant. she g

you should not go through your life without seeing that and he said congratulations you and judge sotomayor now know how to select a jury. i saw a morning pass that was just terrific. you take 12 people randomly from that community and two alternates and by the time they are finished they are thinking this future of this individual who is the defendant is in all likelihood in our hands and they take that, because of the instructions and the way the lawyer behaves as a very, very, very serious matter. and they are participating, they are part of the government of the united states. and you begin to think it is really a wonderful thing that before you deprive a person of his or her liberty you go process where the community is brought in as really judges of the facts. so they are not just a fact finding machine. this is a way of saying to people in a community it is all of you who will participate in this terribly important matter, a matter of depriving an individual of his freedom. and just listening to the instructions and noticing the jury's reaction, they take that in. i saw the same thin