justice sotomayor: mmhmm. mr. carvin: i think they might be able to, but of course no state -- justice sotomayor: all right. so why can't they assess all of their employees a tax for that contribution? mr. carvin: right. and that was the point i was trying to get to, which is agency fees don't go just to collective bargaining. as we know, they also go to political activity. and i don't think the government could fund political activity in a viewpoint-discriminatory way. justice alito: is there any history in american labor management relations, at least going back, i don't know what, 75-80 years of employers paying for unions? i thought the union movement was against this long ago. mr. carvin: your recollection of history is correct. and of course, currently no government ever funds unions. just one more sentence. under the nlra, it's a felony for the employer to give the unions money because it would influence the unions, and contrary to the entire structure of collective bargaining. justice scalia: is it a barga

. >> first ever all i didn't support sonia sotomayor and i never wrote a check to planned parenthood. >> in july of 2009. christie issued a statement saying sotomayor would not be his choice but said qualified appointees should be confirmed and supported. as a result i support her confirmation. in the 1994, the star ledger quote the christie as saying i support planned parenthood privately with my personal contribution, that should be the goal of any such agency to find private donations. christie now says he was misquoted more than two decades

goldstein: well, justice sotomayor -- justice sotomayor: to show some connection between the firing and -- mr. goldstein: right. justice sotomayor: -- the political belief. mr. goldstein: i would just take you back to my hypothetical of getting rid of the sign. and his political view -- his support of spagnola is discussed in -- in the chief's office, right? and then he has to be reassigned. and the chief has to really worry that he's going to be sued. the -- my point is this: the set of cases that you have to be concerned with, there have been no other cases we've been able to identify like this one. it's very small. justice kagan: well -- mr. goldstein: but the downside risk is significant. justice kagan: mr. goldstein, i mean, if somebody had come in to me before today's argument and just said, does the first amendment prevent the government from punishing a person because that person does not share the government's views, i would have said, why, yes, of course the first amendment protects that. that's the whole point of the first amendment. and now you're telling me, no, the first a

you look at the last set of nominees, roberts was 50, kagan was 50, alito and sotomayor was also 50. what the presidents were incentivized to do is find somebody who is very ideologic and already has these entrenched views. most of the justices in the supreme court worked in a presidential administration, whether it was reagan or ford or obama, most worked in a presidential administration, i don't think you want third parties deciding how to interpret our laws. >> this latest era that gabe defines really start with clarence thomas who was young was ideologic could be expected to be around for a long time on the bench ? >> well, i do think it started about that time. and clearly, it's become the trend . i think in the past 30 years or so justices started to search 20 years or so. president saying i think it's good thing to nominate somebody who's only he going to be on the court for a decade or so, the whole system is structured to incentivize someone who can stay on for a long time. i can't blame the president for wanting to do it. i can't blame senators who are under pressure from s

i didn't support sonia sotomayor. secondly, i never wrote a check to planned parenthood.or are senator rubio's facts the facts? >> well, christie has really played a bit of a game here. he did at one point not oppose sonia sotomayor, but then he came out afterwards and said he did support her. so he's just picking -- >> the time frame. >> the time frame that suits his needs. in the end, he did support her. in the case of planned parenthood, he was quoted in the newspaper 22 years ago as saying that he had made contributions to planned parenthood. just this week, he said he was misquoted. why it took him 22 years to say he was misquoted, i guess voters will have to figure that out. >> and now i want to play a clip about donald trump talking about syrian refugees. >> when i looked at the migration, the line, i said it on your show recently. where are the women? it looked like very few women, very few children. strong, powerful men, young, and people are looking at that and they're saying, what's going on? >> i got to say, glen, when i heard that, i spoke to the television,

first of all, i didn't support sonia sotomayor." politifact says christie's statement is just not true.our fact-checkers looked back to may 2009 when president obama nominated her.christie initially said at the time sotomayor wouldn't have been his first choice...but just two months later he said he fully supported her and urged congress to confirm her nomination. nomination. and this is not the only fact-check of last night's debate.you can see all the "truth ratings" on wcpo dot com.. and our mobile app. kentucky senator rand paul decided not to take part in the debate after he was going to be on the undercard.instead he hosted a question and answer session on periscope. miss washington u-s-a is speaking out after stepping down after the pageant learned stormy keffeler says she is now a role model for what not to do. pageant officials learned that she plead guilty last fall to driving drunk at nearly 3 times the legal limit in april. seattle police are also investigating her and her boyfriend for another incident recently. new thi

first of all, i didn't support sonia sotomayor. secondly, i never wrote a check to planned parenthood. >> survey says? [ buzzer ] everybody gets fact checked after the debates. that's one of the things we do in the political media. now every newspaper does, that every wire does that. they run fact checks of how closely the candidates hue to the truth at big events like this and it has no impact whatsoever. but the chris christie fact checks from last night's debate are so blunt and so outrageous that they're actually -- i think they're actually funny. so for example, chris christie said last night, let's set the facts straight. first of all, i didn't support sonia sotomayor. the "star ledger" in new jersey gleefully posted chris christie's official statement on sonia sotomayor from when she was nominated in 2009. "i support her appointment to the supreme court and urge the senate to confirm her nomination." >> i didn't support sonia sotomayor. >> yes. yes, you did. and what was the other thing he wanted to get the facts straight on

diagnosis state the first time she has lived longer with it than without it is also like justice sotomayor. >> host: is that inherited or do you catch it? >> they have noted that genetic marker but they don't know what triggers the onset but there is a genetic component. the you just lose your ability whatsoever. then you are read to class one day seoul little can cause seizures and high achaean damage your organs so to help occurred catch the highs and lows before she feels a symptoms keeps her healthy. have you seen kochi inaction? >> it is it incredible the other day i was in the shower she was in her bedroom she had the vacuum vacuum:and he could not get to her and he stuck his nose and tell i got out to alert me he alerted her in the middle of the night multiple times he has changed her life. >> host: you have some video here with you. >> i have my mom. she is the first and oldest grandchild so she is very proud and all she has done she cochairs the diabetes caucus so they have been on the frontlines to educate medical research and better treatment. >> what is the goal? >> diabetes is

first of ail i didn't support sonia sotomayor.dly i never wrote a check to planned parenthood. third, if you look at my record as governor of new jersey, i have vetoed 50-caliber rifle ban. i vetoed reduction this clip size. i vetoed statewide i.d. system for gun owners and i pardon, six out-of-state folks who came through our state arrested for owning a gun legally in another state so they didn't have to face charges. common core has been eliminated in new jersey. this is the difference between governor and a senator. see when you're senator, what you get to do is talk and talk and talk you talk so much that nobody can ever keep up with what you're saying is accurate or not. when you're a governor, you're held accountable for everything you do. and the people of new jersey have seen it. [applause] and last piece is this. i like marco too. and, two years ago he called me a conservative reformer that new jersey needed. that was before he was running against me. now that he is he changed his tune. i'm never going to change my tune.

he supreme court supported sonia sotomayor.ith his name on it. >> he supported sotomayor. i wouldn't say he was jumping up and down on her. >> i can read you thel/ words. i actually have them with me. what he basically said is i support her nomination. said how proud people should be of her and how qualified she was. it was not lukewarm. but irrespective he supported her nomination. he supported gun rights and common core and internet sales tax. and it's not personal because i like chris very much. but it is a policy difference. i don't think our president -- our next president can be someone who holds those positions for those barack obama do. >> that's what you guys do. you present yourself, you challenge each other and that's what the debate is all about. final thing. i want to get this down on the record. illegal immigration. do you support a wall, building a wall along the southern border? >> yeah. 700 miles of the border need to be walled or fenced off. and the remainder needs toév have sensors and cameras and 20,000 new

. >> i didn't support sonia sotomayor and infer wrote a check to planned parenthood and if you look at my record i vetoed a 50 caliber rifle ban. >> reporter: but the main even vent -- event was center stage trump versus cruz and the issue of cruz's birth in canada do american parents was raised it was on. >> democrats are going to bring a lawsuit and you can't -- have to have certainty you cpt have a question. i can agree with you on. but you can't have a question over your head. >> somebody senator you want to respond -- senator you want to respond. >> i spent my entire life defensing the cons tuesday before the u.s. supreme court from done trum. >> you don't -- donald trump. >> you don't have to. >> you conedly a moment ages -- kindly a moment ago ard me the vp slot i will tell you what, if this all works out i am happy to consider naming you as vp and if you are right you can get the top job at end of the day. >> reporter: trump what nice exchange later in the debate with cruz over cruz's claim that trump represents new york values. for the most part, i saw nothing in this debate t

. >> i didn't support sonia sotomayor and i never wrote a check to planned parenthood and if you look at my record as governor of new jersey, i have >> reporter: the main event was at center stage trump versus cruz. and when the issue of cruz's birth in canada to american parents was raised, it was on. >> the democrats are going to bring a lawsuit and you have to have certainty you can't have a question. i can agree with you or not. but you can't have a question. >> you want to respond. >> well listen i spent my entire life defending the constitution before the u.s. supreme court and i will tell you i am not going to be taking >> you don't have to. >> i will tell you what you kindly a moment ago offered me to be vp slot i will tell you what, if this all works out i am happy to consider naming you as vp and if so if you happen to be right get the top job at the end of the day. >> reporter: trump what nice exchange later in the debate with cruz over cruz's claim that trump represented new york values. for the most part, i saw will change the dynamic of the cruz and trump show dominating

and regarding sotomayor in 2009 he wrote in a statement, i support her point to the supreme court.ump referred to ted cruz being born in canada and questioned his eligibility as president. >> the fact is there is a big over hang think there is a big question mark on your head and you can't do that to the party. >> reporter: actually, most legal experts say it's not a big issue since cruz's mother was an american citizen. trump himself provided a fact check of sorts during this debate. the republican response to the state of the union address south carolina governor hayley criticized campaigns fueled by anger. >> trump said she was describing him accurately. >> our country is being run by inning comprehend people and, yes, i am angry. >> reporter: david shuster, al jazeera. >> and as david mentioned, donald trump has often been called out for wild rhetoric on the campaign trail. black bakeman a former aid to president george w. bush telling us earlier this morning that trump zip risking turning off republican voters in the general election. >> i think if he were the nominee it would

. >> that's correct, justice sotomayor. and the point that i was trying to make was the fact that in this case, he was not going to be exercising his right to vote or campaign for him, but clearly, he engaged in what we would consider core first amendment activity by picking up that sign, the mistake that the employer made was actually one that they perceived him as actually campaigning on behalf of spagnola, and that should make no difference for the simple reason that with respect to that activity, it's because the court sees that the gorn

chris christie supported sonia sotomayor. we have read his words on the record.was a support are and urged the senate to confirm her. chris christie was the imminent supporter of common core. chris christie ran for office because he wanted to pass gun control. and chris christie made a personal contribution to planned parenthood which now denies but for years stood by. of the bottom line is my problem is not -- i like chris as a person. but our republican nominee has to be someone that is going to unravel the obama agenda and the damage that barack obama has done to our country, not someone who agrees with gun control, planned@s parenthood, common core and judges like sonia sotomayor. so that's what we are going to continue to focus on. i don't attack people. his record is not an attack. it's his record. >> senator, thank you very much. nice to see you. and it's going to be a biz request two weeks until iowa. >> thank you. >> thank you, sir. >> thank you. >> americans are now free but they are not home in the united states, at least not yet. "the washington post"

. >> first ever all i didn't support sonia sotomayor and i never wrote a check to planned parenthood. >> in july of 2009. christie issued a statement saying sotomayor would not be his choice but said qualified appointees should be confirmed and supported. as a result i support her confirmation. in the 1994, the star ledger quote the christie as saying i support planned parenthood privately with my personal contribution, that should be the goal of any such agency to find private donations. christie now says he was misquoted more than two decades ago about planned parenthood. it is clear as we get closer to voting the attacks will only get tougher and there will be a need to quickly defend, spin or blame the media. bret? >> thank you. what was once considered a sure thing is now anything but. tonight the hillary clinton campaign and increasing wore ris over the surge from senator bernie sanders, chief white house correspondent has more. >> as hillary clinton prep force her third debate. her campaign is getting shakier. one analyst telling the "washington post." if democratic socialist b

you talked about him supporting planned parenthood and sonia sotomayor and gun control legislation which he ran on in 2009. how intense is this going to get before new hampshire? >> well, look, this is not personal. these are not personal attacks. he's been attacking me for over a month, but they're not personal attacks. i believe the republican nominee and the next president of the united states has to be someone who is going to undo the damage barack obama has done. our next president needs to be a strong defender of the second amendment, not someone who ran for office supporting gun control. that's what i'll do. i'll be a strong support of the second amendment. our next president cannot be someone who supports common core. chris supports common core. our next president cannot be someone who thinks that sonia sotomayor would be a good supreme court justice. he supported her nomination. ow next president must defund planned parenthood, not write checks to them like he did. these are all facts. it is important that our next president will be someone that undoes the damage that barack oba

they were in new york so maurie sotomayor took a bath in red wine. doing for awhile and says it keeps him fresh for the season. there isn't one of these type of places in south florida so taking advantage this time in the big apple. i'd just pour it in the tub and lay in that. and meanwhile panthers with the weekekoff before the all-ar break and alexander barkov scored on the same day he signed the contract extension. that type of year. playing great hockey with 3 straight wins including the 5-1 win over toronto and that's your mercedes benz sports report. >> laurie: red wine bath? >> reporter: he swears by it and he moved and there weren't locations here so he went to new york this trip he decided to take advantage and do it. >> laurie: all right, betty, we'll check it out. it's good for the skin. >> reporter: we need one! more rain and storms in the

. >> first i didn't support sonia sotomayor and i never wrote a check to planned parenthood and if you look at my record as governor of new jersey i have vetoed a 50 caliber rifle ban. >> reporter: the main event was center stage trump versus cruz and when cruz's birth in canada to american parents was raised it was on. >> the democrats are going to bring a lawsuit and you have to have certainty you can't have a question. but you can't have a question. >> you want to respond. >> listen i spent my entire life defensing the constitution before the u.s. supreme comfort and i will tell you i am not going to be -- court and i ami will tell you i won't take legal advice. donald you kindly offered me the vp slot, i will tell you what, if this all works out i am happy to consider naming you as vp and so if you happen to be right you can get the top job at the end of the day. >> reporter: trump had a nice exchange with cruz. over cruz's claim that trump represents new york values. for the most part, i saw nothing in this debate that will change the dynamic of the cruz and trump show dominating

anithen kennedy often the swing vote in a lot of these cases. >> el lena kagan and songia sotomayor,tice breyer who comes every single year. remember last year ruth bader ginsburg had her eyes closed during part of the address. the cabinet with the exception of jeh johnson, they will be introduced as well. they will be walking in. jeh johnson is what they call the designated survivor. he is not there, but in the gallery, the first lady, michelle obama is walking in, with a nice round of applause. she has a bunch of special guests as well. >> the first lady remains incredibly popular. the politics go back and forth. there he is hugging the second lady, jill biden. she is very popular, and according to the president, probably also excited to leave the white house. >> there she is, she drove over with the president of the united states. dr. jill biden is right there. they're all applauding. there will be an empty chair there tonight as well, the deliberately wanted an empty chair for the victims of gun violence. >> that's right. governor malloy is also there, somebody who's also been ve

justice sonia sotomayor wrote, "the 6th amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. a jury's mere recommendation is not enough." >> the ruling surrounded the case of timothy lee hearst, convicted of murdering his boss in 1998, but the ruling could affect all 390 death row inmates in the state of florida. 85 of them from cases here in central florida. it could also affect another death penalty case that has not even started. jury selection in luis toledo's murder trial is set to begin one week from today. he's accused of murdering his wife and her two young children this deltona. the state attorney told news 6 this afternoon they're reviewing and analyzing the decision today but didn't know how it would affect their case. >> now, sidebar note here, we found out today that florida is one of only three states in the entire country where juries don't have to have a unanimous verdict on the death sentence. we don't know if that law is going to change. lawmakers are likely not going to be taking that decision very lightly. we're live at the o

common core, gun control, the appointment of sotomayor or the do nation he made to planned parenthood. our next president and the republican nominee cannot be someone who supports these positions. >> i would like to disrupt the debate on the floor of this senate to answer the questions you asked. the question was about entitlements. no, you already had your chance, marco and you blew it. >> there were a couple of different exchanges there. he gave some of the passions and feelings between these two guys. these guys are fighting it out essentially for third place right now. >> they're fighting it out to be the leader of the center right that may or may not ever consolidate. it's a fight going on largely in new hampshire where you have christie, rubio, even kasich and to some extent jeb bush all clumped together. that a, gives donald trump a very strong chance of winning the state, but b makes it unclear whether anyone will emerge from that with the momentum to consolidate that block of the party, which after all, has picked the last two nominees. and yet mitt romney and john mccain fin

first of ail i didn't support sonia sotomayor.ondly i never wrote a check to planned parenthood. third, if you look at my record as governor of new jersey, i have vetoed 50-caliber rifle ban. i vetoed reduction this clip size. i vetoed statewide i.d. system for gun owners and i pardon, six out-of-state folks who came through our state arrested for owning a gun legally in another state so they didn't have to face charges. common core has been eliminated in new jersey. this is the difference between governor and a senator. see when you're senator, what you get to do is talk and talk and talk you talk so much that nobody can ever keep up with what you're saying is accurate or not. when you're a governor, you're held accountable for everything you do. and the people of new jersey have seen it. [applause] and last piece is this. i like marco too. and, two years ago he called me a conservative reformer that new jersey needed. that was before he was running against me. now that he is he changed his tune. i'm never going to change my tune

>> i thought about that, justice sotomayor. it's a tricky question. the government can engage in a lot of speech that he can't compel citizens to engage in the government, for example, can subsidize planned parenthood but it couldn't provide assistance to subsidize planned parenthood. so in that sense, yes the guy would've far greater leeway. >> so if the union had to wait or something negotiate which was right now, the union participates in the grievance procedure and it pay certain expenses for that. it could is said to the employer, we are no longer getting enough money to be exclusive representative of every employee, so now we want you to fund certain things. that could very well have been part of the negotiation. >> not in california, for two reasons. one is a state statute requires agency fees. the employer could not have been anything with respect to agency fees. that's all designed by statute. >> i'm not just in the state of the law as it exists now. i'm assuming that we work to undo and say they can charge an agency fee, all right? californi

and the fisher case, the latest of the affirmative-action cases, and look for what sonia sotomayor is going to write this >> part of being the great dissenter involved being on the right side of history. you can't always know at the time you are writing. i can't resist. the greatest opinions about privacy and free speech. and a blockbuster celebration here, and we will dig into that, this is just a teaser for things that come in in june but let's begin with whitney and technically a concurrence and a few beautiful words they're so inspiring. those who won our independence believe the final end of the state was to make men free to develop their faculties and in its government the delivered forces should prevail over the are better, they valued liberty both as a end and as that means, they believed liberty to be the secret of happiness and courage to be the secret of liberty. it was almost a direct quotation at pericles's funeral as translated by alfred zimmer in a book brandeis' valued more than common law. why is the whitney decision by many accounts the greatest same to free speech e

that barack obama supports, whether it's common core or gun control or the appointment of sonya sotomayor or the donation he made to planned parenthood. our republican nominee cannot support those positions. >> do you agree with marco rubio, that chris christie does support too many democratic ideas. >> in his past, christie did, but the problem with marco's argument is that he did the same thing to christie what he did to cruz. he stated he -- he used half truths and some truth to attack him. >> do you think that worked for him or not? >> no, i don't think it worked for him. unfortunately, marco rubio is -- i have to agree on this -- telling people what they want to hear and it's not fully the truth, and i think it's going to backfire on him. >> thank you both for coming in. always good to see you. >> thank you, like wise. >> and free wi-fi could be coming to a city in florida. >> the push to make sanford more mobile friendly. >> things getting wilder at the seaworld this weekend. >> forecast here in central florida, storms moving out and our chance for storms moving back in. for more on

first of all, i didn't support sonia sotomayor. chris christie said i supported her appointment and urged the senate to confirm her while saying he wouldn't have nominated her to begin with. a little barb there. let's go to donald trump in the debate syrian refugees mostly strong, powerful men. nope, that's wrong, too. that's false. most of the more than 4.6 million refugees registered with the u.n. are in fact women and children. that was incorrect whether it was a scare tactic about refugees trying to be let in. we go with ted cruz. the law was clear that the child of a u.s. citizen was born abroad is a natural born citizen. we are still on this canadian question this birther question. well, this turns out to be mostly true. legal consensus is on ted cruz side but the issue isn't settled and could require some sort of supreme court ruling if it was brought to that if cruz were to win the presidency. fact checking. tiffani? >> tiffani: thank you, dan. in case you haven't heard the g.o.p. is coming to cle. if you are an undergradua

frost: that's correct, justice sotomayor. and the point that i was trying to make was the fact that in this case he was not going to be exercising his right to vote or campaign for him, but -- but clearly he engaged in what we would consider core first amendment activity by picking up that sign. the mistake that the employer made was actually one that they perceived him as actually campaigning on behalf of spagnola. and that should make no difference for the simple reason that with respect to that activity, it's because the court sees that the government is acting for an impermissible purpose, and that was the press -- justice roberts: thank you, counsel. thank you, counsel. the case is submitted. >> a live look at the white house and capital as the northeast braces for a winter storm. forecasters are predicting as much as two feet of snow. tc, maryland, and virginia are state of emergency. pro-life advocates were on the national mall for the national march for life rally. occurring on the 43rd anniversary of the roe versus w

justice sonia sotomayor wrote the 6th amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. a jury's mere recommendation is not enough. >> that leaves the cases of 390 florida death row inmates uncertain right now. we counted them and found 85 of in central florida. zaldivar's father says he hopes the sentences of those inmates is not changed. is nothing. it's like being in the parking lot with the fence around it. they live a normal life. >> okafor case was a county. we have another high-profile case that begins next week. luis toledo's trial begins. he's accused of murdering his wife, yessenia suarez, and her two children. what does today's decision mean for that case? we're going to explore that coming up in the story we're putting together right now for 5:00. we're live at the orange county courthouse. >> thank you. in just hours the president's final chance to assess the state of the union. the address will be unlike any he's delivered before. >> we're getting hints right now on what he's expected to say and future. center on gun violence,

he did support sotomayor. he keeps talking about things that -- he flip-flops on guns.ed to preserve. >> he's very pro common core, and mr. the party's over in colorado. very anti-legalization of weed. >> that's because he's a prosecutor. >> of course. the pro common core against marijuana. one of those things that make things in the summer that's not marijuana. >> he just misremembers stuff that he did. it happens to all of us. >> why do you think some failed? >> that's a really great question. i think money has a lot to do with it. support. people backing you. but also, like think specifically about christie. a lot of people thought he has a similar attitude to trump. but the establishment version essentially. and that should work to his favor. but it's not. i think it's this idea of sitting moles, and what everybody loves about trump is the fact that he doesn't. he's unapologetic, when he does misremember something -- >> no one cares. >> yeah. he says it in a way that benefits him. >> trump's whole mantra is so, what? so what? it happens to work. maybe it's not so ba

endorsed many of the ideas barack obama sports whether it is gun control or the appointment of sonia sotomayor or the contribution to planned parenthood. >> when you are a senator what you get to do is just talk and talk and talk. when you are a governor you are held accountable from everything you do. >> you had your chance, marco, you blew it. >> that is the chris christie we know. donald trump also had another interesting moment showing why unlike mitt romney he can connect with everyday voters despite his enormous wealth. asked what he would do with his vast empire if he became president? >> if i became president i don't care less about my company. i want to use the same up here whatever it may be to make america rich again and make america great again. i have evanka and don sitting there running the company. i am going to do it for america. >> how can a multi billionaire put up with working class folks, that's how he does it. he continues to push that clearly he thinks it is resinating with his voters. >> john roberts in south carolina. john, thank you. debate numbers in the books politic

christie just can't really acknowledge where he was on a lot of this stuff from gun control to sonia sotomayorore. andrea: julie a little more liberal on this issue. does that make you like him a little bit more? >> i love governor christie's record on guns. as recently as 2013 he said he loved new jersey gun laws. they're strongest in the nation. thank you governor christie for doing nothing to roll those back. he said he got into politics when he first ran for county office in the '90s, specifically in republican primary. have to give him credit for being core rain just because he wanted to preserve new jersey's assault weapons ban. thank you, governor christie, somebody's family lives in new jersey. thanks for standing up the new jersey assault weapons ban. he is amazing on this issue. i don't think republican cost agree but as liberal i love his gun record. andrea: last endorsement he does. >> he does a political ad for -- >> everybody who thinks i trash governor christie all the time. governor, love you on your gun record. harris: if it were interpretation you were making -- >> it's not.

he appointed sonia sotomayor in the supreme court, he launched fast and furious, illegally selling guns to mexican drug lords that were used to shoot law enforcement official. and i'll tell you what hillary clinton said, hillary clinton said she agrees with the dissenters, the supreme court dissenters in the heller case. there were four dissenters and they said they believe the 2nd amendment protects no individual right to protect and bear arms whatsoever. which means if their view prevailed and the next president gets one, two, three, maybe four supreme court justices, the court will rule that not a single person in the room has any right under the 2nd amendment and the government can confiscate your guns. and i'll note that california democratic senator dianne feinstein said if she could say to mr. america and mrs. america give me your guns, i'm rounding them up, she would. and let me make a final point on this. in any republican primary, everyone is going to say they support the 2nd amendment. unless you are clinically insane -- [laughter] >> that's what you say in a primary. but the

justice sotomayor wrote "the a suspect protect's to an impartial jury-- it's unclear how the court's ruling will impact defendant timothy hearst, or the nearly 400 inmates facing the death penalty in florida. here is the oral argument in that case from last october. it is one hour. the argument next in case-- >> may it please the court, under florida law, timothy hearst will go to his death, despite the fact that a judge, not a jury made the factual finding that rendered him eligible for death. the sixthtes amendment alone. what authorizes imposition of the death penalty is a finding of fact by the court of an aggravating factor, a finding that the trial judge makes independently and "notwith standing the jury's recommendation as to sentence." the state contends that capital sentencing juries make implicit findings that satisfied the sixth amendment, which the trial judge simply ratifies. that is wrong. whatever the jury's recommendation might imply about the specified aggravating factors, the florida supreme court has repeatedly rejected that it is anything other than advisory. flor

chris christie said he did not endorse sonia sotomayor, but the record says he did.'s also true. and planned parenthood, this claim is based on a 20-year-old newspaper article in which christie says he was misquoted about donating. said he never donated. we don't have any financial record to work this all out so the best we can say here is it's complicated. that's just one of the areas where rubio was on the attack. a lot of things to check out. you can learn more about it and all the many things we checked out in this debate by going to cnn.com/reality check. >> tom, thanks very much. we're back here with our panel. gloria borjer, john king, anna navorro, jeffrey carpenter. it was interesting your point, amanda earlier, tomorrow when the dust settles, some of the exchanges you think that -- or hits marco rubio made on ted cruz will not seem as authoritative. >> it's interesting. marco rubio, this is a debate tactic called the spread. you throw a bunch of attacks knowing they will not have enough time to answer it. i think it's pretty effective against chris christie

that barack obama supports, whether it is common core or gun control or the appointment of sonia sotomayordonation he made to planned parenthood. >> brangham: christie, in turn, dismissed the jibe as all politics, and no principle. >> two years ago, he called me a conservative reformer that new jersey needed. that was before he was running against me. now that he is, he's changed his tune. >> brangham: but rubio and christie saved their toughest words for the president, hammering away all evening. >> mr. president, we're not against you. we're against your policies. and we are going to kick your rear end out of the white house come this fall. >> brangham: ohio governor john kasich and former florida governor jeb bush also kept most of their fire trained on the white house. and bush emerged today with a high-profile endorsement from south carolina senator lindsey graham, who recently gave up his own presidential bid. the south carolina primary is february 20th. first, though, the republicans enter the home stretch in iowa and new hampshire. their next debate will be in iowa on january 28th,

. >> go ahead, tara, i think i had you related to the supreme court justice with sotomayor., anyway, a recent -- >> my name's german. >> okay, you know, i was channeling a little bit of my m espanol. so it's kind of hurting with seniors for bernie sanders, his generation. so millennials are energetic. they have shown up in big numbers for sanders' events. they have really been touting that. but is the expectation that they're going to show up on the polls on the day that it really counts? >> yeah, the whole bernie sanders' candidacy is fascinating in that you would think it would be the other way around. hillary clinton is supposed to be the one that would have brought in the millennials and carry on the obama momentum. and that didn't happen, it's been bernie sanders, because his message has been more populist, more anti-wall street, he's actually garnered more energy and he seems newer, even though he's been around washington forever, but he's bringing something new, where hillary clinton is old news, and she's not really resonating right now. so that lack of enthusiasm fo

the ideas that barack obama endorsed common core or gun control or the appointment of sew sop ya sotomayor. and our republican candidate cannot be this candidate. >> and i would like to interrupt the senate floor, and this is a case of entitlement. >> and i would like to add -- >> no, you had your chance, marco, and you blew it. >> and trump's hometown brought unorthodoxed message from hillary clinton, just this once, trump's right, new yorkers value hard work, diversity, tolerance, resilience and building better lives for our families. and if you are shaking your head, let's bring in hilary rosen and also a representative are from the caucuses there in iowa, sherri. i want to get you to weigh in, if this is a three-way race between trump and rubio and cruz? >> yes, and some of them should have done better and some of them fair and some of them not. and it is down to the three, and i would like to see rubio and cruz and trump, because it helps cruz and rubio to have a light on him, and also a light shown on him on the out and out lies and good for cruz and rubio and good for the voters and

. >> justice sotomayor. i don't think there is substantive day light between .petitioner's use and ours. it meant in treating it as a category. i think sums up the reality of what is happening. we broke it out into its component parts because i think it facilitates the analysis of it to understand that miller does have a procedural component. sentencing courts must now consider the mitigating characteristics of age. but it also and more fundamentally, in our view, contains a substantive component that required a change in the law. now, the change here was expanding the range of outcomes. previously when this court has analyzed substantive changes in the law there have been changes that restricted the form of outcomes, say, for example, in justice breyer's hypothetical forbidding punishment at all. i think that, if you trace back the origins of the substantive category to justice harlan's opinion in mackie, this is still faithful to what justice harlan had in mind. justice harlan said the clearest case of an