sotomayor: no, they didn't.you look at the federalist papers, there is not a whole lot on this particular clause. clement: part of the reason there is less discussion of the first sub clause is that it seemed so remarkably obvious to the framers that, if this was to be done at the state level by anyone, it would be done by the representative body of the people. it's not like they didn't know about popular law make an. -- lawmaking. they simply said we like representative government -- ginsburg: [indiscernible] at the time of the founding, the initiative -- by the legislatures. clement: the referendum is as we came to know them in the late 19th century, not the time of the framing. but direct democracy was. the framers, when they formulated article 5 and had alternative mechanisms at the federal congress could choose to provide for ratification, they gave the choice, state legislatures are the people in convention. the framers understood the difference between direct democracy and representative democracy and the

sotomayor: let's put that aside. mr. smith: all of these other things that are not quantify in the will -- rule. a causes cardiovascular problems that are not a lot of things. it is extremely poisonous. some of the particular reduced is not mercury metal mercury acid gases they go into your lungs as tiny droplets. so all of those are being taken into -- taking care of in the controls of particulate. it is true that in controlling those, you use the same technology and u.n. of controlling a lot of other kinds of particulate. primarily sulfur dioxide which causes the major deaths. -- premature deaths. so when they did the calculation they said we put these particulate controls and to control them. it saves a lot of lives because of sulfite or oxide -- sober dioxide is not being controlled. justice alito: was this the basis for the decision? i thought that position was, does it matter how much the benefit or costs exceed the benefits. mr. smith: that is correct. they did not consider the cost benefit analysis at the listing

that you up on justice sotomayor's point, you could raise -- picking up on justice sotomayor was point, you could raise the issue. >> can you do it, is that the only religious preference that has to be honored? i can but you know really i would like not to for a religious reason. i guess i could take off my headscarf or whatnot but it would be very inappropriate religiously uncomfortable. is that a -- you would knowledge and that the only accommodation that has to be made is an accommodation for -- or you would knowledge and got the only accommodation that has to be made is what they have to? >> that is not what the case is about. >> you cannot ask the question, can you do it? >> that is the exact dialogue that is supposed to happen. that is what this court says should happen. for congress wanted when it asked a reasonable accommodation ireland is precisely for the employer and the employee -- >> she says that she can and later says, i couldn't but boy it is uncomfortable for me to do that -- could but boy it is uncomfortable for me to do that. would she have a lawsuit? >> she wouldn't

sotomayor: no, they didn't. if you look at the federalist papers, there is not a whole lot on this particular clause. clement: part of the reason there is less discussion of the first sub clause is that it seemed so remarkably obvious to the framers that, if this was to be done at the state level by anyone, it would be done by the representative body of the people. it's not like they didn't know about popular law make an. -- lawmaking. they simply said we like representative government -- ginsburg: [indiscernible] at the time of the founding, the initiative -- by the legislatures. clement: the referendum is as we came to know them in the late 19th century, not the time of the framing. but direct democracy was. the framers, when they formulated article 5 and had alternative mechanisms at the federal congress could choose to provide for ratification, they gave the choice, state legislatures are the people in convention. the framers understood the difference between direct democracy and representative democracy and

justice sotomayor: no, they didn't do it.you are asking us -- this is a challenge to a regulation that is only piecemeal. because you are arguing that they should have considered costs, but they obviously did before they issued the standards. you can't look at the standards and the admission to the case and the listing in a case like this in isolation. mr. brownell: justice sotomayor if i could try to answer the question once again. the subsection n1a question is whether after considering the results of the study -- and i note that the study also looks at alternative control strategies for any emissions that may want regulation -- the agency determines such regulation is appropriate and necessary. the focus of the determination is not on listing what may flow from that, what regulation and that the agency decides to apply . justice alito: did epa say we are not going to take cost and to account at the listing stage because we will take costs into account through this subcategories in possibility that is being discussed? mr. b

lopez, and all the young women wanted to get the autograph from sotomayor. >> ah-hah! >> hinojosa: that was who they... you know. i'm thinking, "wow, this is"... so talk a little bit about how that popular culture interpretation of beauty, and how... how far along have we made it? >> part of beauty has to do with money. beauty... >> hinojosa: just a part? >> ...my next book, actually, is called the truth about beauty, and it's going to be mostly pictures and just a little bit of text, because there's not a lot to say. beauty is a mixture of sex and money, youth, and wealth. so what... the image of youth doesn't change that much. so we always want to see young people as beautiful. but who has the power and the money, that can change over time. and so our ideas about what is beautiful... so you just mentioned beauty as intelligence and power in terms of sotomayor, but we can also talk about beauty, just plain old sex beauty, as having broadened since the 20th century. >> hinojosa: so you write in your book, you say, "so long as racial discrimination remains a fact of lif

sorry, justice sotomayor. >> take a breath. [laughter] i'm a little concerned with how you envision this provision working. you're saying that the hhs exchange can't be for the state so that it's established by the choice of the state. the choice the state had was establish your own exchange or let the federal government establish it for you. that was the choice. if we read it the way you're saying, then we're going to read a statute as intruding on the federal-state relationship because then the states are going to be coerced into establishing their own exchanges. and you say, oh, no, they can't be coerced, but let's go back to what justice breyer was talking about. in those states that don't their citizens don't receive subsidies, we're going to have the death spiral that this system was created to avoid. states are obligated, insurers are obligated to make sure that in their states, whether they're part of this program or not, that they have guaranteed coverage, that children are covered till they're 26, and that they base t

. >> reporter: early in the argument justice sonia sotomayor outlined the stakes.hout federal assistance, most americans would lose their new insurance. "we're going to have the death spiral," said sotomayor "that unravels the entire system." almost everyone enrolled in obamacare, some 87% get subsidies. the question-- does the law allow those payouts. the answer could be in four words. the law specifically says subsidies are available to people who buy insurance flew exchanges "established by the state." but only 16 states and the district of columbia established exchanges, with 2.8 million enrolled. most people covered under obamacare, 8.8 million in 34 states get their insurance through the federal exchange. liberal justices suggested there's no way congress meant to exclude all those people from getting subsidies despite what those four words may suggest. justice elena kagan: "we look at the whole text. we don't look at four words." but conservatives indicated the four words matter. justice antonin scalia said it was, "certainly a plausible explanation," that c

so picking up on justice sotomayor's point, you could raise the policy. and this is not a crazy idea, this is -- >> wait a second could i -- he can ask can you do it? is that the only religious preference that has to be honored? i can, but, you know, really i would like not to for religious reason. i guess i could take off my head scarf or what not, but it would be very inappropriate, religiously uncomfortable is that a -- are you acknowledging that the only accommodation that has to be made is an accommodation for somebody who absolutely for religious reason cannot do something? >> no your honor. that is not what this case is about. because -- >> what is that? you cannot ask the question you're telling them to ask, can you do it? yes, i guess i could but -- >> but that's the exact dialogue that's supposed to happen. that's what this court said should happen. that's the bilateral dialogue. what congress wanted when it passed a reasonable accommodation requirement is precisely for the employer -- >> so she says, yes, i could. and then later says, yeah, i c

his plain language argument immediately drew fire from justices breyer, kagan and sotomayor. said it's not fair you focus on just a few words in the phrase. the court looks at the phrase in the context of the entire statute to see if it's harmonious, if it makes sense. justice sotomayor claimed under the act there would have been consequences congress could not have intended and, in fact, the law was designed to avoid. would federal subsidies on federal exchanges those exchanges would have no customers. there would be a death spiemplet healthy people wouldn't buy insurance and insurance costs would skyrocket. >> woodruff: what was the government's response? >> the government represented by solicitor general vonl varilli and he agreed with the more liberal justices that the traditional way to interpret a statute is to look alt the phrase at issue in the context of the entire statute. he said the consequences that justice sotomayor enunciated clearly show that this was -- that the challenges interpretation was not the statute congress intended, but he faced his toughest questio

. >> congressman, let me talk about what jeff said because it was justice sonia sotomayor who warned if this challenge succeeds, "we're going to have the death spiral that this system was created to avoid." will the justices take into account that this could have a negative impact on millions of americans." >> i agree with jeff. they were very spirited in terms of the question both for the plaintiff and for the solicitor general's office. i do think that's the bottom line rev, if they find the law unconstitutional, this provision to be unconstitutional, that it will be a death spiral. that the cost of health care in this country will go to the roof. an immediate increase of 35% or more. so i also want to think the bottom line is so many millions of americans now have health insurance through these subsidies. if they are forced to give them back, it will be a tax increase for those individuals but, more importantly, they will lose their health care and that will be tragic for our country. >> jeff, let me ask you the same question. do you think the justices will care that this will aff

rosenkranz: well, your honor -- justice sotomayor: as an exception to the fourth amendment. they're asking whether this kind of search, generally, without all of those other exigent circumstances or other fourth amendment exceptions is constitutional. let's talk about another example where the motel continues to keep the register in the open, like they did for 100 years, and then snatches it away when the police come. that -- justice sotomayor: you know something, but that's a different issue. it's in the public. mr. rosenkranz: well, right. and they would -- justice sotomayor: and how often do you think that's going to happen? mr. rosenkranz: and for that reason, they would have no expectation of privacy and the fourth amendment calculus would be totally different. but let me let me -- justice kagan: well, but then it's not a search at all. and, once again, it's not this statute that's doing the work. mr. rosenkranz: well, no, your honor. if they snatch it away, it certainly is this ordinance that is doing the work. mr. rosenkranz: thank you, your honor. so let me just emph

>> i disagree with you, justice sotomayor, but that is not important. what they say is that the delegate remains the same. it is the state legislature and the representative body. think -- the state function difference. -- differs. there's no partial agency of everyone else in that process. when they are tall prescribe rules, the court says that his delegation of the lawmaking authority. of course the state legislature does lawmaking pursuant to the ordinary rules. if the ordinary rules provide for give vittorio details or have to spend 30 days and committee, those rules applied to the lawmaking under the elections clause, just as they would to other lawmaking. it is a completely different manner to say that we are going to cut the state legislature out entirely. we are going to revisit the framers decision to delegate this important responsibility to the state legislatures and re-delegate it to an entirely different body and a body that has the one feature that we know a body does not have -- this commission is completely unelected and completely unacc

>> well, that was my response to justice sotomayor. that is completely unsupported empirical observation made post hoc by amicus. there's no reflection of that in the legislative history. indeed, the legislative history refutes it. >> mr. carvin, we've heard talk about this other case. did you win that other case? [laughter] so maybe it makes sense that you have a different story today? >> i'm really glad your honor said that. [laughter] and if i could return to context because i think -- >> i mean -- i'm sorry, mr. carvin. please. >> just very briefly, justice kagan. very much appreciate it. to respond, we've already talked about context. section 1311 is a key part of this context. it says in the strongest possible terms we want states to run these exchanges. if you give unconditional subsidies, then, of course there is absolutely no incentive for states to do it, and you have fundamentally undermined that distinct statutory purpose. whereas if you condition subsidies, congress accomplishes both of its goals. widespread subsidies, plu

sorry, justice sotomayor. >> take a breath. [laughter] i'm a little concerned with how you envision this provision working. you're saying that the hhs exchange can't be for the state so that it's established by the choice of the state. the choice the state had was establish your own exchange or let the federal government establish it for you. that was the choice. if we read it the way you're saying, then we're going to read a statute as intruding on the federal-state relationship because then the states are going to be coerced into establishing their own exchanges. and you say, oh, no, they can't be coerced, but let's go back to what justice breyer was talking about. in those states that don't their citizens don't receive subsidies, we're going to have the death spiral that this system was created to avoid. states are obligated, insurers are obligated to make sure that in their states, whether they're part of this program or not, that they have guaranteed coverage, that children are covered till they're 26, and that they base t

the secret service was also there, because supreme court justices sonia sotomayor and elena kagan were in the crowd. alison: possible reforms for the fairfax county police department following the death of john deregeer, who was not armed when he was shot by a police officer. richard reeve has the story. richard: there are police attorneys, mental health experts. also, the best friend of john gereer. the panel promising reforms, but there were heated exchanges. >> there is a lot of conjecture that this commission is just political cover for the elections coming up in november. richard: he did not mince words, talking about the 2006 shooting of his son by fairfax county police officer. >> my son would be alive today if the officer who shot him did not make a serious poor decision. >> when the police are investigating themselves something has to change. richard: commission member jeff stewart has a personal stake in the issue. his best friend, john geer, was shot and killed by officer to raise in 2013. >> there is always going to be bad police officers who abuse power. it is what we do o

let's talk about it in context again justice sotomayor. the only provisions in the act establishing any limits is found in 36-b but it is not the mouse hole you exact to find it, it is the only place in the act that -- [ overlapping speakers ] >> if the capital expenditure -- with the tax code provision, it tells you how you compute the individual amount. it's not in the body of the legislation where you would expect to find this. >> no. your honor if that is true -- >> but justice kagan just read to you you had the idea that the subsidies were essential. that is what you told us last time. >> what i told you is it wouldn't work as expected because they thought this deal would work just like the medicaid deal with all 50 states would say yes so you would have both -- >> but that is the thing. if they didn't think anybody was going to take it. >> well that was my response to justice sotomayor. that is empirical stipulation made by legislative history and indeed the legislative history imputes. >> and justice, we've heard talk about this oth

ics traffic security was on hand last night because supreme court justis sotomayor and kagan were at the game and both of them graduated from princeton and sorry they were disappointed. maryland ends the tigers' perfect season and now it's duke versus the terps the round 16 of the none -- in round 16 of the ncaa tournament. >>> stephanie ramirez in montgomery county with more. >> do you need to go to the doctor? >> he's very bright. and he remembers everything. but he can't always express everything. >> reporter: 10-year-old connor has autism which makes it that much more scary for hem when he disappears -- mom when he december pyres like he did last thursday. thankfully they found him just a few blocks away from his home. both because of the police response and what he's wearing. it's a bracelet that emits an automated tracking signal under the national program project lifesaver. police officer lori rayers issued these to people who meet the necessary cry tier have. >> completely free but you don't give them out like candy. >> reporter: no we don't. we make the placement of the brac

. >> the secret service were already on hand because justices sonia sotomayor was there. >>> angelina jolie takes another drastic step to prevent cancer. the actress is sharing her decision to have her ovaries and fallopian tubes removed in an op-ed in "the new york times." don champion has more. >> reporter: angelina jolie says she had her ovaries and fallopian tubes removed last week to ensure she has a long life with her husband and six children. the actress and director made the revelation in the "new york times" writing, i feel at ease with whatever will come, not because i am strong but because this is a part of life. it is nothing to be feared. the superstar carries the brca 1 mutation gene which greatly increases her risk for breast and ovarian cancer. her mother, grandmother and aunt all died from the disease. two years ago she had a double mastectomy to lower her risk. after a recent blood test showed a possible early sign of cancer, she decided to have the latest surgery even though the effects are life changing. >> the overry makes estrogen, prong jest reason and she's wit

i think it was justice sotomayor before going on the bench thought it would be a good idea to televise oral arguments and once on the bench she changed her mind. i wonder if you think there will be a day when oral arguments will be on television? do you think that is good? or that is not good in the context of education for folks? could you all comment on that. >> the question do i think there will be a day sound like we are behind the times. >> it just a matter of history. if you had english style debate and you were handed the topic and had to be the pro/con you could make a lot of good arguments for television in the courtroom. number one it teaches. we teach what the competition is. we teach what rights and responsibility are. why don't we go on television? it would be very good for lawyers preparing -- who have been before us and want to see the dynamic of argument. it is open. the public could see we spend a lot of time on paton cases and railroad cases so we have a commitment. and they could see we hope on an argument that is rational and respectful. when we are in disagreement

. >> justice sotomayor, in suma the court -- >> that the monument case. i'm talking about johannes. >> that's right in suma, private organization, the fraternal order of eagles, it put it name on the monument and then donated it to park in johanns the government created a prom to espouse the message, above is what's not dinner but even then, the secretary of agriculture did not write ad copy. so it's not as -- the government had control, just was not at every step of the way saying, this is how the message must be. but the end of the day had final profit authority. about to return to justice alito's hypothetical and what the test should be, the test can include other elements and even if sumaa and johanns could be read as two-part test, for all sorts of reasons this is government speech. texas has its name on every license plate. there's a formal pros here of notice and comment and the board takes a public vote before approve anything special license plate -- >> do you want us to hold that because it's government speech, the government can engage in viewp

sonia sotomayor, alana kagan, you see them all smiles but justice ruth bader ginsburg is not really thrilled about this whole selfie thing possibly. this is a supreme selfie generating a lot of buzz and, yes, of course, a lot of people are talking about that look on ginsburg's face. wasn't she just not ready. >> i'm with rbg. she's just not into that selfie thing. >> there you have it. talk about that buzzkill. another one to tell you about here, a change coming to some bottles of alcohol. >>> the survival story that no one can believe despite no pulse for nearly two hours a toddler is alive. he is baffling his doctors and parents. >>> harrowing rescue. a skier gets buried in feet of snow after an avalanche. his friends rushing to the rescue, no time to spare. >>> and just in time for spring, mortgage rates are remaining very low. the next few months going to be making up the peak home buying season but the fed has already signaled that interest rates will rise later this year. right now with a 30-year fixed loan at 3.78%, the average homes -- home buyers would pay under $1100 a month. every

some agents were already inside the arena guarding supreme court justices sonia sotomayor and elena kagan who were in attendance. fans who learned of the added security measures after the game were surprised. >> that's news to me. >> reporter: over the weekend president obama attended the princeton game against wisconsin-green bay. the commander in chief was not there last night. leslie robinson is the daughter of craig robinson craig is michelle obama's brother. anne-marie? >> susan mcginnis in washington thank you, susan. >>> texas senator ted cruz travels to new york this week to raise money for his just-announced presidential campaign. as craig boswell reports, crews kicked off his campaign yesterday by appealing to conservatives and taking dead aim at president obama's health care law. >> reporter: texas senator ted cruz says conservative christians should rise up and restore the promise of america. >> that is why today i am announcing that i'm running for president of the united states. >> reporter: he made the formal announcement at liberty university, an evangelical christian coll

extra security was already planned for the game because supreme court justices elena kagan and sonia sotomayoroth princeton graduates were going. fortunately the threat not sub stapts yachted. >>> the fbi is taking the online isis hit list against specific members of the military seriously and the bureau is working with federal, state and local law enforcement in response to the posting that identified certain american troops and called eded out muslims to find them and kill them and they acknowledged most came from the department's public website or social media. >>> israeli prime minister benjamin netanyahu is now apologizing for inflammatory remarks he made on the eve of last week's election trailing in the polls then he told supporters they had to get out the vote because israeli arab citizens were voting. the white house, however, is still upset with netanyahu who also said on election eve that he would never agree to a palestinian state. >>> utah is the only state to afire a firing squad as a method of execution used as a backup choice if no lethal drugs avariable. they say it's faster a

some agents were already inside the arena guarding supreme court justice's sonia sotomayor and elena caring inch in attendance. fans who learned of the added security measures after the game were surprised. >> that's news to me. >> over the weekends president obama attend dollars the princeton game against wisconsin greenbay. commander in chief was not there last night. susan macinnis, cbs-3 "eyewitness news". >>> it is 5:08 right now. more fall out from the fraternity scandal at penn state, the impact it is having on greek life across the campus. >> also, new from overnight angelina jolie drops a big bombshell after another health scare. >> this time she explains the difficult decision to have her ovaries removed. plus, heart stopping video. when woman is run over in a parking lot. why she was trying to stop the people in that car from driving away. >>> and another chilly start but katie is tracking a big warm up later this week. we'll have traffic and weather together on the 3's. she'll let you know when we get into the 60s. we'll be right looking for one of these? yoplait. smooth,

we heard justice sotomayor or talk about the death by role it the subsidies were invalidated for allicans. that would mean an undermining of the core law is itself. they are making the case or at least they are asked michael carbon about the question if the government did not want the subsidies across the country why would it choose that jacob that would undermine the core of the law itself. that certainly has come up in the courts in question. >> it is like a bonanza for lawyers. peter cook, thank you. >> coming up, we will speak to a state attorney general supporting the losses against the obamacare subsidies. you do not want to miss it. >> on a lighter note, the job a lot of us have trained for four years. you will meet a master bourbon take -- taster, and i'm not talking about erik. ♪ >> welcome back to " market makers." time for the bulletin, top business stories of the morning. shares of abercrombie & fitch are now down 13%. the struggling teen retailer posted sales over the holiday time that missed analysts estimate. abercrombie has been looking for a new ceo since the departu

sotomayor applegarth has been on city -- sotomayor applegarth has been a city council, these an educatore. excuse me a doctorate from byu. he is a congressional committee spent his entire career in the educational system. he does have a children and 30 grandchildren. he is a leader in our community. he is a virtual every transportation community. our relationship as a transit opposition and the npo the best i know in the country and kudos to mayor applegarth and thinks it is there. so without i'm going to ask the mayors to talk old about their cities and what they're doing so they can paint the picture for you of what's going on indices ended will move on to even more transportation agenda. so we can start with either one of you. spent hopefully our mic swore not on on. we are a. talking. i've been caught doing that a few times. we are not capitol steps and we know you waiting to see capitol steps, although mayor giles said he would tap dance for you. in addition to running marathons he's a tap dancing and i guess we'll stand behind them. i understand that you are coming to countdown, to

i think it was just a sotomayor -- justice sotomayor or. once she was on the bench, she changed her mind and thought it was not a good idea. i just wondered do you sense any change -- you think there will be a day when oral arguments will be on television? do you think that is good or that is not good, in the context of education of folks? can you comment? justice kennedy: it sounds like we are more or less behind the times. chairman crenshaw: it is a matter of history. justice kennedy: if you had english style debating and you had to do either pro or con you can pick a lot of good arguments. number one, it teaches. we teach what the constitution is. we teach. why don't we go on television? and it would be very good for lawyers in preparing. who want to see the dynamics of argument. it is open. the public could see we spent a lot of time on that in cases and railroad reorganization cases and so forth. we have a technical commitment. and, they could see we hope an argument that is rational and respectful. when we are in disagreement, our ins

and in addition the secret service is here because both sonya sotomayor and elena kagan from the supreme court happen to be here cheering on their princeton tigers. so a lot going on here. in terms of actual presence you wouldn't know the difference. in fact i would say i would never have known any of this were going on had i not been told by my source. >> we're talking about the daughter of craig robinson who is the first lady's brother, right? >> that is correct. michelle obama's brother's daughter. >> president obama did attend a game over the weekend. he's not at tonight's game, though? >> that is correct, anderson. president obama is not at the game tonight. he was there saturday when they played green bay in the first round. i received an e-mail there would be heightened security for that game the day before. they didn't say why. and then of course once the word came out that the president was at the game on saturday obviously we all understood why that e-mail went out about heightened security 24 hours ahead of time. there was no such e-mail going out because of this game. obvious

oriana fallaci, una periodista italiana, y aquÍ en los estados unidos, sin la menor duda, sonia sotomayorÓmo uno luce, etcÉtera, y tiene que poder aprovechar la red que tiene a su alrededor para subir y crecer. >> hÁblame del movimiento de los zapatos rojos, y por supuesto, cada vez que vienes al programa, vienes con zapatos rojos. >> ajÁ, por supuesto. >> ok, ¿quÉ es el movimiento de zapatos rojos? >> mira, es una plataforma de desarrollo y capacitaciÓn personal que estÁ encuadrada, potenciada, por un movimiento global de mujeres profesionales que se apoyan mutuamente. tiene como objetivo aumentar la representaciÓn de mujeres puestos jerÁrquicos. entonces, lo que hacemos es, a travÉs de campaÑas, con el martes de zapatos rojos, donde todos los martes usamos zapatos rojos y corbatas rojas para ir a trabajar-- >> ¿todos los martes usas zapatos rojos? >> todos los martes. y yo te voy a dar un regalo para que vos participes, para mostrar nuestro apoyo por el desarrollo profesional de las mujeres. >> este es un zapato rojo. >> ese es un zapato rojo para hombres. y acÁ te regalo para que tenga

nancy pelosi the ladies of the supreme court at the women's history month reception and the justice sotomayor kagan are smiles 82-year-old justice remains remarkably stone face. >> we have another 90 minutes of news including looking to hit a home run a new fan experience zone opens today near at&t park featureing hopefuls to keep giants fans coming back for more. around here, we're all about fast. that's why xfinity is perfect for me. with millions of wifi hotspots all over the place including one right here at the shop now we can stream all things fast and furious. you've done it again, carlos! with the fastest in-home wifi and millions of hotspots xfinity is perfect for people who love fast. don't miss furious 7 in theaters april 3rd. >>> live from the kgo-tv broadcast center this is abc7 news. >> happy friday. at 5:29. thank you for joining us. >> i am kristen sze. >> i am matt keller. leyla gulen is here. meteorologist mike nicco never left even with leyla gulen back. >> spring starts at 3:35 hours and 26 minutes of extra sun but up to ten degrees cooler this afternoon. four miles in vis

justice sotomayor said there wasn't initiativity and ref referendum of the drafting of the constitution't exist. and there are supreme court decisions in other context that look at legislature more broadly as a process, the power of legislating. justice kagan said to mr. clement, there are zillions of laws that have been enacted through initiatives involving elections. for example voter i.d. laws voting by mail, voting by machines. she said wouldn't they all be unconstitutional under the state legislature's view? >> brown: conservative justices arguing more along with the state legislature. >> right. another former solicitor general seth waxman argued there is a broader meeting and said arizona state constitution defines legislature to include the people and two representative bodies, their senate and their house, and it is the process of legislating that is the definition of legislature. he also pointed to dictionary definitions. he said every dictionary that they've looked at defines it more broadly. justice scalia said to him name he one provision in the constitution that uses the wo

>> just sotomayor, on summan, the court indicated -- >> the monument case. i'm talking about johan unanimous. >> that's right. in summan though, a private organization put it name on the monument and donated it to the park. in johanns the government created a program to espouse the message, beef is what for dinner, but even then, as the court recognized the secretary of agriculture didn't write ad company. the government had control but just not at every step of the way saying this is how the message must be. but the end of the day had final approval authority. but returning to justice alito's discussion about the tests. the test can include other elements and this is government speech. texas has its name on every license plate. there's a formal process here of notice and the board takes a public vote before approve anything specialty license -- >> do you want us to hold that because it's government speech, the government can engage in viewpoint discrimination? >> that's right. and the court has recognized that in sumam. >> does hat have any limits? suppose

they are under cover. 96 the secret service is here because both sonia sotomayor happen to be here to cheer on tear princeton tigers. there is a lot going on here in terms of actual presence you wouldn't know the difference anderson pacific, i would say i would never have known any of this were going on had i not been told mimi source. >> we are showing pictures of this weekend. we are talking about fred robinson the first lady's brother, right? >> that is correct. this is craig robinson's daughter. >> president obamaed the attend a game over the weekend. he is not at tonight's game though? >> that is correct, anderson president obama is not at this game tonight. he was at the game saturday when princeton played wisconsin, green bay in the 1st round, in fact i received an e-mail as a member of the media, for that game the day before they didn't say why. once the word came out the president was at the game on saturday obviously, we all understood why that e-mail went out about heightened security ahead of time there was no such e-mail going out because of this game obviously, court my

but certainly the four democratic appointees were right off the bat -- ginsburg, breyer, sotomayor, cagle, were full of questions for the plaintiff's lawyer. but as you point out, four doesn't do it, they need a fifth vote anthony kennedy and john roberts seem like the only possibilities. justice el alito and justice sca were very hostile to the lawyer challenging the law. clarence thomas didn't is ask fwhi questions but his views are usually in line of alito's and scalia's. kennedy several times raised the argument, what does this mean for the states? and to be honest, that's a little mystifies what that means, how that would cut in favor or in opposition to the law. i have never seen him so silent during an oral argument. he didn't want to give much away. he asked a question at the very end but that was really about it. and his views, i think, are pretty mysterious at this point. >> okay, well, i never expected that he was going to be the linchpin three years ago, the first time around in the decision that ultimately went the government's way. but if we're back to having anthony kennedy

supreme court justice ellen and sonia sotomayor were there. both princeton graduates. >>> happening today, five candidate who want to be philadelphia's next mayor are schedule to appear at 'd action forum. it is a 6:30 tonight at gw child school on wharton street. you can smith questions and attend by registering in advance. sponsoring the event. >> pennsylvania lawmakers meet in philadelphia to talk about legalizing medical marijuana. two state house committees will hold hearing at the university of pennsylvania health system, this morning similar efforts to legalize medical marijuana in pennsylvania have failed in recent years. >> angelina jolie underwent double masectomy nowow the actress dropped another bombshell about her health. coming up. why she chose to undergo another drastic operation and what it means for her future. >> pretty touch to watch. women run over in a parking lot. now she is talking about the people in that car and what they did right before they drove away. >> ♪ ♪ our ronald mcdonald house phone bank is underway, seat b

some agents were already insides the arena guarding supreme court justices sonia sotomayor and elina kagan who attendance. over the weekend president obama attended the princeton game against wisconsin green bay. the commander in chief was not there last night. susan mcginnis, cbs news, college park, maryland. >> robinson is the daughter of craig robinson, the brother of first lady michele obama. princeton's head coach spoke to the media following the team's 85-70 loss. she expressed disappointment that the media's attention to that took away the focus of their 31-0 season. >>> students say hate speech is still happening both in person and online. delia goncalves is live at american university with more on the story and what the university plans to do. good morning, delia. >> reporter: good morning, mike, andrea. first let me tell but this social media app. it's called jik yak and it works like -- yik yak and it works like twitter. you can see the posts only of people within a ten-mile radius of you and they are all anonymous. so administrators at american university, even though the