justice sotomayor: i'm sorry. nobody is taking that away from anybody. every single individual in this society chooses, if they can their sexual orientation or who to marry or not marry. i suspect even with us giving gays rights to marry that there's some gay people who will choose not to. just as there's some heterosexual couples who choose not to marry. so we're not taking anybody's liberty away. mr. bursch: but we're talking about the fundamental liberty interest in deciding the question of what marriage means, and to get that -- justice breyer: i don't know that that's i mean, leaving that to the side, i thought that i heard the answer to the question being given in respect to tradition of 2000 years, and to the democratic ballot box and so forth was quite simple. what i heard was, one, marriage is fundamental. i mean, certainly that's true for 10,000 years. and marriage, as the states administer it, is open to vast numbers of people who both have children, adopt children, don't have children, all over the pla

justice sotomayor: no, they didn't do it. but 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?

first, justice ginsburg and then justice sotomayor.ce ginsburg: all the benefits that marriage affords will still be available. you are not taking away anything from heterosexual couples. they would have the very same incentives to marry all the benefits that come with marriage that they do now. justice sotomayor: how many people walk away from their children with the benefits of marriage? it is not the institution alone does it and without it that father is going to stay in the marriage. he has made a choice. i would say i should be gender-neutral. some mooththers do the same thing but i am not sure how i get to the point that justice breyer is making. how does withholding marriage from one group same-sex couples, increase the value to the other group? mark: you hear a lot of these arguments. some of them are about technical matters. this is obviously deeply personal and emotional. were the justices more emotional today in their talks or was it a normal set of arguments? greg: in all honesty, they were less emotional than i have expec

. >>> bryn mawr college is honoring supreme court justice sonia sotomayor. she was presented with the katherine hepburn medal tonight. she was honored for her drive and independence. katharine hepburn graduated from bryn mawr college and so did her mother. >> being sisters, not only to your peers, but to those who will follow you. as much as i have learned from the women who have mentored me i have gained just as much from the relationships in which i have been the mentor. >> sonia sotomayor is the first hispanic and third female supreme court justice. >>> temperatures jumping near 80 degrees for your saturday. but they won't last. i'm tracking how quickly cooler air will return and more rain. >>> then this atlantic city fire chief resigns caught dropping his pants. but tonight why taxpayers will be handling him nearly $13,000 a month. >>> and potholes still on the roads and costing drivers big. now penndot is hiring help. who they are hiring to take care of our streets. >>> an update now on the story we brought you at 11:00 last night as breaking news. a mo

. >>> new at 11:00 o'clock tonight the us supreme court justice sonya sotomayor received a special honort bryn mawr college. >> she stepped the 2015 katharine hepburn medal "eyewitness news" at good heart hall. the help burn medal is name after the four time academy award winner who was a bryn mawr graduate. the medal recognizes women on the basis of their commitment and contributions to help burn's greatest passions, civic engage the and the art. justice sotomayor has serve on the supreme court since 2009. >> country music's biggest night is shaping up to be bigger this year and you can see right here on cbs3. >> it will be great show. 50th anniversary of the academy of country music awards this sunday night. ♪ >> it will look and sound great. the setting this year proves everything is bigger in texas. the show will be at&t stadium the home of the dallas cowboys. rehearsals are underway. big stars brad paisly, lady antebellum miranda hmm bert to name few will all perform while blake shelton and luke brian have the hosting duties again. >> when you're hosting an awards show in a venue th

sotomayor and elena kagan were most forceful in opposition, with both reportedly asserting that lethal injection was like being burned alive with chemicals. conservatives pointing to different medical studies and several lower-court rulings strongly disputed that. they suggested the arguments were a back-door way of dismantling the death penalty. "let's be honest about what's going on here," said justice samuel alito. "the court is being asked to help wage a guerrilla war against the death penalty." 32 states have the death penalty, but it's increasingly difficult to carry out. justice antonin scalia says that's because of the abolitionist movement, putting pressure on the companies that manufacture drugs to stop making them available for executions. and that's what happened in this case. a drug company stopped providing two other sedatives, which forced oklahoma to use this alternative. or it could do, scott like utah recently did and bring back the firing squad. >> pelley: jan crawford at the supreme court. jan, thank you. now, have a look at this. >> yesterday december 7 1941 ... >>

justice sotomayor: antidiscrimination laws regarding gay people. ms. bonauto: correct. justice sotomayor: and in any of those states, have ministers been forced to do gay marriages? ms. bonauto: of course not, your honor. and -- justice scalia: they are laws. they are not constitutional requirements. that was the whole point of my question. if you let the states do it, you can make an exception. the state can say, yes, two men can marry, but ministers who do not believe in same-sex marriage will still be authorized to conduct marriages on behalf of the state. you can't do that once it is a constitutional proscription. ms. bonauto: if one thing is firm, and i believe it is firm that under the first amendment that a clergyperson cannot be forced to officiate at a marriage that he or she does not want to officiate at. and since there were several other questions, if i may. justice scalia: he's not being required to officiate. he's just not given the state's power, unless he agrees to use that power in accordance with the constitution. i don't seems to me you have to you ha

justin sotomayor accepted the 2015 catherine hepburn metal. hepburn medal named after the four time academy award win here was also a bryn mawr graduate. the medal recognizes women on the basis of their commitment and contributions to hepburn's greatest passions, civic engagement, and the arts. justice sotomayor has served on the supreme court since 2009. >>> well, now to inspiring story, out of camden, student at local high school are doing what one school official calls a miracle. all of the seniors will be attending college next year, and many of them are getting paid for it. "eyewitness news" reporter steve patterson, has that story. >> high school senior abram ham isn't talking about consecutive free throws. >> what i got close -- >> or phone numbers from girls at the mall ... >> he just gave up because i had like 25 -- he was like all right, i'm not competing with you no more. >> talking about the number of college acceptance packets, could you cut down small forest and still need more paper for and haim. fifty-one colleges want them to

bryn mawr college is honoring judge judge sotomayor.the justice stressed the importance of sisterhood. >> being sisters not only to your peers but to those who will follow you. as much as i have learned from those women who have mentored me, i have gained just as much from the relationships in which i have been the mentor. >> she is the first hispanic and third female supreme court justice. >> a college scholarship program is offering hope to dozens of students in camden. 83 children were inducted in the alfred santiago college program. they tend leap academy university charter school. they can earn a full scholarship to rutgers by maintaining a 3.5 grade point average. parents say it's the opportunity of a life time. >> leap has a 100% graduation rate and 95% of the kid from the charter school go on to college. >> breaking news on a hit-and-run investigation in philadelphia. jesse gary is following brand new developments in the case. jesse? >> ted, they found the vehicle in yesterday's hit and run that severed a woman's leg. i'll tell

sonia sotomayor and justice elena kagan were both repeatedly asserting lethal injection is like beingd alive with chemicals. conservatives strongly disputed that. they suggested the arguments were a back doorway of disparticipantling the death penle -- dismantling the death penalty. let's be honest what's going on here said justice alito. 32 states have the death penalty but it is increasingly difficult to carry out. justice scalia says that's because of the abolitionist movement putting pressure on the companies that manufacture drugs to stop making them available for executions. >> reporter: that's what happened in this case. drug companies stopped providing other sedatives which forced oklahoma to search for an alternative or they could just find another method like utah today when it brought back the firing squad. jan crawford, cbs news, the supreme court. >>> this morning superintendent of fairfax county schools karen garza is blasting the board of supervisors for failing to fully fund the school budget. the deficit this year is only about $8 million. that's out of a $2 billion s

first, justice ginsburg and then justice sotomayor. mark: you hear a lot of these arguments.e of them are about technical matters. this is obviously deeply personal and emotional. were the justices more emotional today in their talks or was it a normal set of arguments? greg: in all honesty, they were less emotional than i have expected. it was an argument that you would have thought would've been very high energy. there were some emotional moments. you sort of heard a monotonous tone and some of those questions. there was not the fire, maybe because from their standpoint, they see which way this is going. the past decisions strongly suggest this will be a 5-4 decision or 6-3 favoring same-sex marriage, but it did not have the passion that i have seen like in health care. john: let's listen to someone representative of the other side. justice alito. he took aim at the pro-gay marriage argument most diversely today. john: justice alito, justice scalia, justice thomas -- we know how they will vote. do you have a sense of they are resigned to the notion they are about to lose? g

justice sotomayor accepted the catherine hepburn metal. goodheart hall, the hepburn metal named after the fourth time academy award win here was atabrine march graduate. medal recognizes women on the basis of their commitment to hepburn's greatest passions, civic engagement and the art. justice has served on the supreme court since 2009. it is 5:37 right now. country stars are getting ready to shine. coming up next hear from the famous host on how they plan to deal with one of this year's biggest challenges, at the acm award. plus customized closet, they aren't just for the rich and famous any more. we'll have some advice for construct g -- constructing one of those luxury spaces inside your home. >> weekend warm up on it way. carol back to tell us just how high the temperatures will get when we come back. oh no, we have a dress code here, and it's not see through. next! whoa, this is a lunchbox not a halloween bag. so sorry - this lunchbox is already at capacity. rrrrr...a natural beauty. you're making me melt. shall we? mini babybel is 1

>> justice sotomayor there's all kinds of societal appreciate shursappreciate pressures keeping kids and their biological moms and dads together whenever possible. >> excuse me, do you have to answer that question? is it posh toimportant to show that it will harm marriage between a man and woman if you allow two men or two women to marry? is that your burden? i thought were your burden was simply to show that the sedate's reason for this institution is a reason that has nothing to do that is inapplicable to same-sex couples. >> justice sclal gentlemanalia, i think you are exactly right. >> i don't think that's right. i think something that's fundamental to the society as marriage before an exclusive this kind can be made in that institution, the state needs some reason for that exclusion. i'm giving you a real opportunity to tell me what that reason is. what is the reason for the exclusion rather than the reason for the non-inclusion. >> first it wasn't a reason for an exclusion. it was a definition to solve a particular problem. but the reason why there is harm if you change the def

current justices elena kagan, ruth bader ginsburg, and sonia sotomayor were on hand for an event honoringetired justice sandra day o'connor. >>> on this day 150 years ago, the nation endured one of its darkest moments -- the death of president abraham lincoln. hundreds gathered for a vigil outside ford's theater in washington, d.c., where president lincoln was shot and outside the former boardinghouse across the street where he later died in the final days of the civil war. >>> when we come back, team loyalty and a player that was never turned away. >>> finally tonight, in this era of big league, multimillion dollar deals for athletes, the san diego padres may have made one of the best deals in baseball. doesn't get a lot of attention, but the value, priceless. here's nbc's joe fryer. >>> let's go! >> reporter: even on grainy vhs footage, you can see what the san diego padres saw in pitcher matt lachappa. a sizzling fastball and wicked curve. >> he had a lot of talent. he was a great pitcher. he could have gone a long ways, in my opinion. >> reporter: priscilla oppenheimer oversaw minor l

current justices elena ruth bader ginsburg, and sonia sotomayor were on hand for an event honoring retiredandra day o'connor. >>> on this day 150 years ago, the nation endured one of its darkest moments -- the death of president abraham lincoln. hundreds gathered for a vigil outside ford's theater in washington, d.c., where president lincoln was shot and outside the former board across the street where he later died in the final days of civil war. >>> when we come back, team loyalty and a player that was never turned awa when we come back team loyalty and a sunday dinners at my house... it's a full day for me, and i love it. but when i started having back pain my sister had to come help. i don't like asking for help. i took tylenol but i had to take six pills to get through the day. so my daughter brought over some aleve. it's just two pills, all day! and now, i'm back! aleve. two pills. all day strong, all day long. and for a good night's rest, try aleve pm for a better am. i'm caridee. i've had moderate to severe plaque psoriasis most my life. but that hasn't stopped me from modeling. my

there is a chilling affect that the fourth amendment can have on free speech right bus sotomayor went even further than that quote that was -- that was just given to us. she questioned whether the third party doctrine, the doctrine that says that when you entrust data to a third party for example so it can be transmitted to a communication whether the third party yeey doctrine continues to serve us well. so she's -- it's a fascinating opinion. she's questioning really the whole basis for law enforcement access to a lot of information without a warrant. and and i'm waiting for that location case to get under the court so we can see where the third party doctrine is going. >> well, i would love to continue this thoughtful nuance, diverse discussion but all panels have to get out on time and some of just to get out for passover so happy passover, happy easter and thank our panelists for a great discussion. >> the house and senate are not in session today but lawmakers will return next week for a busy week of debate and votes. senatesors plan to work on a measure that requires the obama a

justices elena kagan and son i can't sotomayor on hand. she was the first feel justice appointed to the court in 1981. she retired in 2006 and she now groups to educate young girls in civics. chief justice john roberts got a different honor. he was called for jury duty. he showed up at the montgomery county courthouse in rock ville this morning. he was a potential juror in a civil case involving a car crash. he answered a few questions and then stop the presses, he was not chosen for the jury. >>> we've heard about the aircraft. but some drones are being used to pre serve crime scenes before they're contaminated. >> reporter: dozens captured the scene on cell phones. a flying drone that can tikriti 3d 360-degree images of crime scenes before anyone can contaminate them. >> reporter: it was in the five story it a reup in southwest washington near national mall. the city's crime search office is thinking of bind one. >> if you screw up the scene, then anything that come after that might be compromised. >> would you contaminate or lose eviden

[applause] and from our newest scholarship partner, the george washington university, mariana sotomayor from florida. [applause] with that, let's give our scholarship recipients again a big round of applause. [applause] and thanks again to mrs. obama for her support of our scholarship program. [applause] christi: thank you margaret and thank you again to the first lady for your support. [applause] now i am honored tonight to present this year's winners of the white house correspondents association journalism awards. these awards are among the most prestigious in our field, and i would like to thank ellen for coordinating the judging. thank you. and to all of you who participated as judges. please turn your attention to the screen for a presentation about the members of the white house press corps who are among this year's winners. [video clip] >> the aldo beckman award is for in-depth reporting on the white house. the entry was really outstanding in that regard. >> he has this unique ability to inject history and context into breaking news stories, even as they are unfolding. >> reporti

justice soang yah sotomayor says it doesn't mean you can't feel it. >> more so than the use of medazelamin the execution process. >> reporter: whichever way the court goes, the justices need to give clear direction. >> this is the second lethal injection case we've had in seven years. if the supreme court doesn't give clear guidance no matter where they fall, it doesn't give clear guidance to states, there's going to be continuing litigation. >> reporter: now states are already looking for other alternatives. utah, for example has approved the use of a firing squad which the state had used previously and the state of oklahoma has approved the use of nitrogen gas. and no matter what the court decides, states may actually not have this new drug, medazelam to use much longer because the manufacturer of the drug says it will no longer provide this drug for use in capital cases. john. >> all right lisa thanks very much. >>> jamie floyd is al jazeera's legal contributors in our studio. what is what if this is ruled unconstitutional, would they go to firing squad or other means is that it? >> y

justice sonia sotomayor say states almost always recognize marriages performed elsewhere. >> people who are not permitted to be married in a lot of states go and do that and they come back to their home states and the home states follow the rule of marriage celebration. >> reporter: chief justice roberts was not alone in expressing concern about forcing all states marriage defined by one that does endorse same-sex unions. >> in other words, it would kind of -- one state would basically set the policy for the entire nation. >> reporter: there is a question about whether ministers would be required to perform the same-sex marriages and as for justice kennedy, he seemed truly undecided. in addition to his earlier comments he talked about the dignity of same-sex couples and the children that they have brought into their families. we'll have a decision by lane june. bret? >> shannon, thank you. the state emergency management and operation center the governor is taking q & a from the reporters. >> helping neighbors and sweeping up the broken glass, helping people board up their windows, clear

but sotomayor went even further than that quote that -- that she just gave us. she questioned whether the third-party dom trin, the doctrine that says when you entrust data to a third party, for example, to -- so it can be transmitted in connection with a communication, whether the third-party doctrine which says that data isn't protected by the fourth amendment, continues to serve us well. so, she's -- it's a fascinating opinion. she's questioning really the whole basis for law enforcement access to a lot of information without a warrant. and i just -- i'm waiting for that location case to get in front 69 court so we can see where the third-party doctrine is going. >> well, i would love to continue this thoughtful, diverse and fascinating discussion but all panels have to end on time and some of us have to get home for passover. happy passover and happy easter and join me in thanking our panelists for a great discussion. >>> tonight on an encore q & a dick lehr talks about his book "the birth of a nation." about the 1915 movie of the same title. the film by d.w

one of them was justice sonia sotomayor who ruled in favor of players during the baseball strike in 1995me she wrote an opinion who said baseball was a monopoly. also justice samuel alito in an article specifically said that the former opinion of oliver wendell homes should be addressed and it's outmoded. >> it was holmes in 1922 who gave the exception. he said he doesn't talk about legal issues. in the meantime san jose's city attorney points out wolf is intdz in the five-acre site and the caltrans stadium. >> and that option is good for her for another six-plus years and it is further complicated whether oakland can keep the raiders moving to l.a. and the meeting was held between the nfl and the presidents between the oakland city council and the alameda board, and if they leave, oakland will be hard pressed in san jose, abc 7 news. nah that is it for abc 7 news at 4. i'm ama daetz. >> i'm larry beil and abc 7 news begins with dan and cheryl. >> cal professor robert reich is among the hundreds protesting for higher pay and we are live as demonstrators march through berkeley right now.

and from our newest scholarship partner, the george washington university, mariana sotomayor from tampa with that, let's give our scholarship recipients again a big round of applause. and thanks again to mrs. obama for your support of our scholarship program. christi: thank you, margaret and thank you again to the first lady for your support. now i am honored tonight to present this year's winners of the white house correspondents association journalism awards. these awards are among the most prestigious in our field, and i would like to thank ellen for coordinating the judging. thank you. and to all of you who participated as judges. please turn your attention to the screen for a presentation about the members of the white house press corps who are among this year's winners. [video clip] >> the aldo beckman award is for in-depth reporting on the white house. peter baker's entry was really outstanding in that regard. >> he has this unique ability to inject history and context into breaking news stories, even as they are unfolding. >> his reporting about iraq was amazing. he called it th

traditional marriage more secure, it would make children better off and justices kagan, ginsburg sotomayor went after them on that saying whatever you say about traditional marriage, it's not clear how banning same-sex marriage will do any harm to that institution. >> yeah, i grow with that. i -- yeah, i agree with that. i also thought it was interesting that you saw both in the chief justice's comments and justice alito's comments a search to see whether there was some middle ground. one of the questions justice alito asked in the second half of the argument when they were talking about whether states had to recognize other states' marriages, even if they did not recognize marriage equality in their own state justice alito said, well maybe they've got enough of an interest not to have those marriages performed in their state but not enough of an interest to prevent recognition, full faith and credit, other states' marriages. he said that's possible. opinion thought it was interesting to see justice alito who i think a lot of people would say would be against marriage equality in any form

an exchange from a attorney that represents a state that bans bans same-sex marriage and justice sotomayor. here's that one. >> woodruff: what do you think? >> the justices are trying to get from the attorney what is the state's real interest here. and not so much who has to decide it, as he was making that argument. that is one of the state's argument, but what is the state's interest in banning these marriages? and mr. birsch will tell them and he'll be repeatedly asked what this is that basically the state's interest is in promoting the stability of the family unit and the bonding of children with their biological parents. an interest in procreation, as well. and that's developed as the arguments go along as justices ask him if repeatedly also, what is the harm to children or the family you it in if there are gay marriages. >> woodruff: just finally marcia, there was a second question earlier that the justices were discussing as part of the argument, and that is whether states should recognize marriages performed in other states if that state itself bans same-sex marriage. >> this quest

[applause] and from our newest scholarship partner, the george washington university, mariana sotomayor from florida. [applause] with that, let's give our scholarship recipients again a big round of applause. [applause] and thanks again to mrs. obama for her support of our scholarship program. [applause] christi: thank you margaret and thank you again to the first lady for your support. [applause] now i am honored tonight to present this year's winners of the white house correspondents association journalism awards. these awards are among the most prestigious in our field, and i would like to thank ellen for coordinating the judging. thank you. and to all of you who participated as judges. please turn your attention to the screen for a presentation about the members of the white house press corps who are among this year's winners. [video clip] >> the aldo beckman award is for in-depth reporting on the white house. the entry was really outstanding in that regard. >> he has this unique ability to inject history and context into breaking news stories, even as they are unfolding. >> reporti

made, there is five votes, including justice kennedy, justice ginsburg, and justice breyer, justice sotomayor i talked about this case we were hoping all nine justices would fall in line once the case was finally decided because of the inherent rights of individuals. i'm still optimistic it will be more than five years, but we can count the justices that already decided the defense of marriage case. and their explanation for why they decided that. >> does it matter if it's 5-4 or 6-3? does it have a different impact? >> i think civil rights cases ought to be decided 9-0, 8-1, the way racial civil rights decisions were largely made. >> it became a fact the public then said -- >> exactly. it sends a message that this country doesn't tolerate discrimination. so i think the more justices that sign on, the better. but we have got to look at windsor. i think it is really hard to see how the majority justices would decide this case any differently. on the other hand, it is hard to figure out for sure that you can get any one of the four that didn't. >> thank you for coming on. >> we bring in the pan

. >> justice sotomayor, if i could try the answer to the question once again. subsection m-1a question is if after considering results of the study, and i know the study looks at alternative control strategies for any emissions that may warrant regulation. the agency determines such regulation is appropriate and necessary. so the focus of the determination is not on listing and whatever may flow from that but the regulation that the agency decides to apply to address the remaining public health hazard that is identified from this source category. >> mr. brownell did epa say we are not going to take costs into account at the listing stage because we will take costs into account through this subcategorization possibility that's being discussed? >> no, they did not, your honor as i recall the record of the proceeding this discussion of subcategorization has come up in the briefing. >> why didn't they write -- you see what's brothering -- these questions are difficult because they're so hypothetical. it isn't true that 50% of the industry will use up 50 -- all the

. >> i guess what justice sotomayor question is is why wouldn't the same be true for raisins? >> raisins are not wild animals, even if they are dancing. [laughter] and they did not originally belonged to the federal government. >> you think that leonard is an animal's case as opposed to let you know, the state contact your property case? >> yes, i do. >> call it the tax. >> they did also call it attacks. i am happy to address whether this is attacks because under this court's standards for criteria for determining attacks this certainly is not one referring to the criteria. this is not in the internal revenue code, not collected by the internal revenue service new tax laws by congress. the proceeds to not go to the general treasury. >> but it did not go their way and leonard either. the court was basically saying that the government could do this. it is commerce. as far as it can meet the test there is some nexus between the government goal and the regulation command it is ok. there they use it to fertilize oyster were to be fertilize the oysters. here they are doing it to mai

justice sotomayor wasn't buying it: >> there have been 15 executions in the u.s. using the drug. after the hearing oklahoma's attorney general said this lawsuit isn't really about the drug itself. >> fundamentally i think that's what it is. the petitioners are fundamentally attacking the death penalty more so than the use of the drug in the execution process. >> one expert said the justices need to give clear direction whatever the outcome. >> this is the second lethal injection case in seven years. if the supreme court does not write an opinion that gives clear guidance no matter where they fall, if it doesn't give color guidance to states, there's going to be continuing litigation. >> lisa stark, al jazeera washington. >> the supreme court is also considering whether to make same-sex marriage legal nationwide. openly gay former congressman barney frank said whatever the court decides it will be a pivotal moment in american history. >> if the court decides that it is illegal for a government to deny to people based on their sexual orientation and gender identity anything given t

. >> i guess what justice sotomayor question is is why wouldn't the same be true for raisins? >> raisins are not wild animals, even if they are dancing. [laughter] and they did not originally belonged to the federal government. >> you think that leonard is an animal's case as opposed to let you know the state contact your property case? >> yes, i do. >> call it the tax. >> they did also call it attacks. i am happy to address whether this is attacks because under this court's standards for criteria for determining attacks this certainly is not one referring to the criteria. this is not in the internal revenue code not collected by the internal revenue service new tax laws by congress. the proceeds to not go to the general treasury. >> but it did not go their way and leonard either. the court was basically saying that the government could do this. it is commerce. as far as it can meet the test, there is some nexus between the government goal and the regulation command it is okay. there they use it to fertilize oyster were to be fertilize the oysters. here they are doing it to ma

. >> what sonia sotomayor's question was wouldn't the same be true of reasons? >> reasons are not wild animals even if they are dancing. and belong to the federal government. >> you think leonard is an animals case as opposed to the state contests your property case? >> they did also call it a tax. i am happy to address whether this is the tax because under this court's standards, criteria but referring to the criteria in this case, this was not an internal revenue code not collected by the internal revenue service authorized by congress. it is not a tax. >> with leonard e. there. the court was basically saying government could do this because this was the good in congress. as long as it meets a consensual tax, there is a nexus between the government's goal and the regulation then it is okay. is used to fertilize oyster ponds or fertilize the oysters, here they are doing it to maintain prices and giving you whatever is left over on the reserve. >> the fact is oysters belong to the state of maryland and when the state of maryland decides to allow fishermen to har

justice sotomayor: as i understand what happens, listings and standards are the only things that you can generally appeal from. it is a on the final agency action when the standards are issued. and i thought it was at the issuance of the standards that the government sometimes break up the sources and the amount of emissions that each type of source that justice breyer is talking about can have. i think the listing is just of erotic category -- of broad category. we have had plenty of cases where we have looked at the agency saying this type of source meet these standards, that type of source meet another standard. isn't that the way it works? general lindstrom: that highlights whether or not treating this as a separate listing versus regulatory decision. they did both at the exact same time here. they also promulgated the emissions standards. justice scalia: once they are listed, they are subject to minimum standards, aren't they? general lindstrom: that is correct. justice scalia: minimum standards apply, right? the agency could have discretion as to whether to lift the standards f

. >> justice sotomayor, if i could try the answer to the question once again.ction m-1a question is if wx after considering results of the study, and i know the study looks at alternative control strategies for any emissions that may warrant regulation. the agency determines such regulation is appropriate and necessary. so the focus of the determination is not on listing and whatever may flow from that but the regulation that the agency decides to apply to address the remaining public health hazard that is identified from this source category. >> mr. brownell, did epa say we are not going to take costs into account at the listing stage because we will take costs into account through this subcategorization possibility that's being discussed? >> no, they did not, your honor, as i recall the record of the proceeding this discussion of subcategorization has come up in the briefing. >> why didn't they write -- you see what's brothering -- these questions are difficult because they're so hypothetical. it isn't true that 50% of the industry will use up 50 -- all the g

not just from justice sotomayor's clearance, but from riley whenz talking about the things that made q@uprivate. the information we put into apps. information that is necessarily shared with third parties and clearly, there was an implicit recognition that that privacy was there despite having shared this information with third parties, so i don't see how thecor that doctrine can continue to exist in its current form. i shouldn't say it's current form but the fisa court's interpretation of it. >> i love what's3witájjt on at the state level when itx÷ comes to privacy.s virginia has beenr of that. we've been reading about your work on sting rays for example. i think state constitutions are some of the most exciting plays to go. idv be happy to work with you or talk to you about that offline. i don'tçó actually think a constitution doesn't mention the third party doctrine and it's awkward to figure out how to reject itsso3 application in wording. but it's very interesting. a lot of stateñ supreme courts have rej third party doctrine. could build off of. i really like this because i thin

sounded to me you were reading the tea leaves thinking maybe four or five justices if you add justice sotomayor and maybe some of the others, as well, might think that 24/7 drone surveillance crosses a line. although, you like justice scalia are worried about the slippery slope. and there was an interesting exchange where he said a month is too long, but a day is okay. what's the magic line? that leads me back to ahmed. tell me one more time why you thought it would be okay in light of the persuasive arguments your colleagues have made on the other side. >> well, i think in joan, this concurring opinion that greg referred to, the alito's concurrence had more to do with aggregation than individual collection. and so, again, you know, to what extent is the -- is there a drone following you around? and that is getting stored some place in aggregate for a long period of time. or is it just following you around and surveilling you in case you pull out a knife, it will zap you with some electroshock? i don't know. in terms of -- i just don't see -- i forget, actually, david what your argument was. an

i want to get back to you just as sotomayor about categorical and how on precedent that it is. even in the age of antidiscrimination laws such as for purposes of a state giving out the proceeds after a death or otherwise. he helped lead for the state statutes provide that a marriage shall be given no effect for any reason even with the husbands death certificate will not reflect the fact that he was married by the name of his husband. the state has no legitimate interest for denying them the dignity of that last fact regarding his life. the report of the state's argument as i believe this. even when same-sex couples are married they are not in their view married for constitutional purposes. the states can't discriminate against these marriages even in ways that the constitution would not permit the states to disregard the marriages of opposite sex couples. i urge the court not to enshrine in our constitution a second-class status of these petitioners marriages. thank you very much. >> i think the council. the case is submitted. >> wrapping up two hours and 20 minutes of oral ar