yarger: yes, justice sotomayor. justice sotomayor: so i'm a little confused by what you're asking for. they're saying it's my money. whether i agree with that or don't, if it is their money, then you need to do a procedure that comports with due process; correct? frederick r. yarger: that's correct. justice sotomayor: and you don't deny that. frederick r. yarger: i don't deny that, no. and so the question is whether under either state law this is properly considered -- justice sotomayor: how about we borrow from double jeopardy? once the -- once the judgment is void, you no longer have a basis to that property. it's theirs. they had -- it was their money to begin with. the only basis you had to collect it or keep it was a constitutional conviction. once it's voided, you have no basis to keep the money. frederick r. yarger: and, justice sotomayor, i think that that wouldn't necessarily explain cases like gettinger from 1927 when this court denied that kind of a remedy. or ex parte morris is another example where the

so -- justice sotomayor: and i don't mean to be buying into your -- so -- justice sotomayor: adversary's position. i do think the act provides enough to set a clear standard. but the words are what we're trying to -- to come to that would be less confusing to everyone. mr. gornstein: so one formulation that i think that would be consistent with what we are saying is reasonably calculated to make progress that is appropriate in light of the child's circumstances. justice roberts: so how does that actually work in -- in practice? i mean, i understand in the rowley standard, you're dealing with someone who has a disability that is readily addressed so that they can keep track with grade progress. but if you're out of that realm where that is not a realistic goal in light of the child's potential, how do you decide what it is? you're sitting -- you're sitting down at the meeting, and how do you decide -- mr. gornstein: all right. so you -- what the -- the iep provisions tell you where to start. you look at the -- where the child currently is in terms of academic performance, what are their p

>> i am, justice sotomayor. >> ordered the money to go back. >> justice sotomayor, there are some courts who do not treat these claims but against the state for which a waiver. >> that's a question of labels to me. and if you have no conviction to justify the payment of money because it's been voided, why is it your money now? just simply because you collected it beforehand even though the basis for the collection is wrong? how about if you took his car? >> well, that would be a forfeiture situation. >> why isn't this comparable? >> the forfeiture proceedings in some cases provide a useful analogy. if the district court orders forfeiture and someone with an ownership interest in that property does not properly appeal or seek a stay of the disposition of that forfeited property. >> let's go to the stay. can you honestly say to me that if the defendant had moved for stay, that the trial court would have granted one? how many cases do you think of the thousands of convictions that colorado goes through would a court order a stay? >> justice sotomayor, you're correct. not many. the requireme

in august, 2009, sonia sotomayor was sworn in and became the first hispanic person to ever serve on the united states supreme court. president barack obama should have been able to make three supreme court appointments during his time in office because three supreme court vacancies arose during his term, but republicans blocked him from making his final appointment, he was only able to name two justices to the highest court in the land while he was president, he named elena kagan and he named sonia sotomayor and they are the third and fourth women to ever serve as supreme court justices in our country and sonia sotomayor is the first latina. in president obama's two terms in office, he also named the most diverse cabinet that has ever served the united states government. today on the last full day of the obama administrati we learned the cabinet nominations for the incoming administration are now complete with at announcement that former georgia governor sonny purdue will be the choice to be the new agriculture secretary. with that announcement, we know we are about to get the first cab

as supreme court justices in our country and sonia sotomayor is the first latina. in president obama's two terms in office, he also named the most diverse cabinet that has ever served the united states government. today on the last full day of the obama administration we learned the cabinet nominations for the incoming administration are now complete with at announcement that former georgia governor sonny perdue will be the choice to be the new agriculture secretary. with that announcement, we know we are about to get the first cabinet since the 1980s that doesn't have a single person in it who is latino. they have not announced a single latino for any cabinet positions. they have not announced a single latino for any subcabinet jobs they've announced, either. >> under president obama the high school graduation rate in this country hit 83%. that's the highest it has ever been in the history of this country. when president obama took office in 2009, the country was in an economic freefall, plunging into an economic abyss, unemployment hit 10%. unemployment is now at

. >> megyn: republicans can say things like that, but we have adjusted -- women like judge sotomayor,the question is -- they did get through. they were not stopped. the question is how i understand that this has gone politicized and you get bounced out of there because of two partisans. it didn't used to be this way. is there ever going to be a point what was intended? you look these nominees and you decide whether you are qualified asas a u.s. senator and you dont try to trump the will of the president who is duly elected by the't american people. >> first of all, thank you for for inviting me earlier. andrew jackson in return, i really appreciated that. >> megyn: oh, you do get money for that? >> you think i am going to let him use it free? i'm a free marketeer and so is he. >> abracadabra. >> let's put this in a little bit of perspective. for 80 years, no president in their last year has been able to nominate and see confirmed. this has been around for a long time. in 1992, joe biden said president george h bush if you nominates anybody, we shouldn't even consider them until after

he told me they were threatening to boycott that committee vote because of his concerns with sotomayorthey didn't do that because it was seen as such a drastic and unusual and maybe even unprecedented move. that's why this caught republicans by surprise. they were not expecting that. how do they get out of that? we don't know that quite yet but republicans have tools in their arsenal to push back. democrats don't have much incensive to work with the republicans on this. republicans didn't work well with democrats on their supreme court nominee and they were rewarded by keeping the senate majority. i don't know if the democrats are taking lessons to work with republicans after their handling -- >> some of the big news overnight, there were reports there were staffers on capitol hill brought into the planning of the travel ban issued in the executive order. staffers on capitol hill who did not tell their bosses. and then also the word that people on capitol hill were not brought into the loop. you talked to congressman pete s king. what did he say about all of this? >> he thought the tru

as justice sotomayor points out, two critical factors that the court pointed to in johnson to conspire to make the residual clause unconstitutional, and everyone agrees they are right here, and it is hypothesizing the ordinary instance, and the ordinary case of elements, and then second from that hypothesis estimating the degree of risk of some sort. as sdwis ginsberg point -- as ginsberg points out, these two factors are in existence in section 16b and the residual clause here was equally susceptible to the challenge. >> there is something that isn't he here, mr. rose en kranitz and that a long history of struggle for interpretation, and i wonder why you think that we don't have that same history. i don't believe that there is any question that we would not have said what we said in johnson had johnson been the first case. johnson was the umpteenth case, and we went back and forth and struggled and we could not figure out, and here, it seems that we don't have any of that and not only respect to this court, but lower courts, because everybody is getting along just fine, and as much as

supreme court, just as sotomayor, and kagan. he followed through on a campaign promise to bring troops home from iraq and afghanistan. >> our combat mission will end. >> reporter: president obama would win a nobel peace prize, and he led to the strike that led to bin laden death. and then bitter clashes with republicans over isis. president obama still won a second term easily, but republicans won control of congress. >> i think barack obama can be measured as the democratic president, i think barack obama can then be measured as the first black man to occupy the office. >> reporter: professor taylor says that image of the first black family in the white house will endure. but he says some blacks felt president obama fell short, and in the end, all that hope he brought to the nation's highest office could not repair the nation's race relations. >> i think barack obama represented a great deal of symbolic importance for the african-americans. i don't think there's a specific policy outcome that african-americans can point to. >>

that means he did not get the support of his justice with sonia sotomayor.at the legacy and they think it's a bad eight years of the report and they think they should know and be grateful that his record was so much worse than any other president in history and it could have been a lot different of a legacy if he had not performed so terribly. >>elizabeth harrington. that's all the time that we have . appearing confident in public. the leak audiotape says uncertainties against the republicans when it comes to obamacare.the new tapes show concern over what comes next. that is after president trump signed an executive order to start rolling back the law. caroline shively details from washington. >> the republican meeting with congressman tom mcclintock summing up hopes and fears about obama care. we better be assured that we are prepared to live with the market that we've created. that will be called from care. republicans on that and judged in the election less than two years away. republicans are hearing from the constituents and they come with pre-existing

justice sotomayor will be on the court for many years. she's a strong advocate for racial equality. he also had eric holder at first black attorney general. very strong on equality. his investigations of law enforcement in a number of cities, particularly after racial incidents was very powerful and very thorough. and i think will be very effective in the future. >> thank you, gentlemen. appreciate it. see you soon, happy new year. oc >>> when we come back, why donald trump took the stage with a man known as joey "no socks." >>> the president-elect spent new year's eve at a bash at mar-a-lago with wellwell-wisher including one who goes by the name of joey "no socks", joey cince. >> he seems to be disavowing his knowledge of joey "no socks" sin quay. but he's a convicted felon who was able to get so close to the president-elect. >> reporter: joseph chin quay, a-k-a joey "no socks." his current lawyer insists the art was legally owned by cinque. he was give and conditional discharge and served no jail time. he and trump go way back. in 2008, they shared a stage did he ms. universe con

justices ginsburg, alito, sotomayor. you see trent lott at the capital.ilitary bands providing music. our chief economic and correspondent is that the capital watching the dignitaries arrive. michael mckee, you have covered a couple of these before. elizabeth warren and bernie sanders, one-time presidential candidate. debbie stabenow of michigan as well. how does this one differ? how is the mood of the capital? michael: it does differ because this is a much more subdued crowd. a lot of enthusiastic trump supporters but in general the town is much quieter than i have seen it in past inaugurations. when we have seen previous presidents come in with big transfers of power between the parties there was always a feeling of anticipation. what is the new guy going to do and the feeling it will be some sort of greatly. meere are so many -- so sort of great leaps. there is trepidation about how this might all play out. there is a lot of focus on his speech today because of those reasons. people want to hear if he is the bombastic donald trump of his twitter feed o

under obama, sotomayor and kagan, no filibuster. first term, new president, supreme court legacy.e hope would be that our democratic friends will treat president trump's nominees in the same way that we treated clinton and obama. >> well, the trump administration is still trying to get a firm grip on the environmental protection agency as it works through a dramatic shift in policy. the president's ordered a freeze on any new epa contracts, grant funding and is now in the process of trying to delay the implementation of regulations, adding to the uncertainty of media blackout. they have banned the epa staff from updating social media accounts. other agencies have also been ordered to stay off of social media including the national park service. but yesterday badlands national park went rogue after posting tweet after tweet of stats on climate change. they were later deleted saying they were made by somebody not currently authorized to use the account. well, at least the information is getting out there. >> i think it first started with 7,000 followers for the park. by the end of t

>> grateful for the two women that president obama put on the supreme court, maria sotomayor and kagene know verse roe v. wade hangs in the balance. we look forward to scrutinizing the record of anyone put up for the supreme court or federal opening. >> if you had to rank these three tonight, is it possible to distinguish between them in terms of which one would be -- i don't know what to call it but maybe the least objectionable? >> no, there isn't. these are -- as sort of a lot of donald trump's nominees are unacceptable to communities like myself. they present a clear and present danger to my way r way of life, the way of life of women and people of color in the country. we will see what they come up with but no good news here. >> this is what i have always said is what presidential elections are about even when you get down to the rare years when it doesn't feel like there's a big difference between the democrats and republicans, there's always a big difference on who will end up on the supreme court. what's your early read of this three possibilities? >> well, look, i think you ca

after all, justices breyer, ginsburg, sotomayor, kagan -- >> we're not saying one supreme court justice would be enough. we have four years with a president who has promised to consider this issue when choosing his supreme court justices. and the pro-life movement is sending a message that we are paying attention, we are here, and we are expecting president trump to keep that promise. >> so i'll ask you this question now. so you're at this big rally. what is the next step? you're going to hold trump's feet to the fire. so is there a plan? >> well, here at americans united for life, we have been working with state legislators for many decades on making sure that at the state level, we are promoting good legislation that protects both mothers and their unborn infants from the abortion industry. and so we're going to continue to push our legislation to help legislators to protect the mothers and the children in their states. so that whenever the supreme court is ready to hear this issue again, they have a solid piece of legislation to look at. >> and as you well know, pro pro-aborti pro-ab

after all, as justice sotomayor pointed out, this is more like a single bulletin board on the train station. a train station which has a thousand bulletin boards. people can say whatever they want. but this bulletin board, one out of 1,000, is reserved today for people who want to say nice things about shakespeare. this is not a general expression program. this is a program that has one objective. the objective is to identify the source of the product. it stops nobody from saying anything. all it says is when you're trying to fulfill our objective, which is identify the source of your product, if you want put a little circle with an r in it and right down beneath in tiny letters mr. and mrs. smith, anything you want, but in that circle not the thing that says the insulting thing about somebody else. see? very much like one shakespeare celebration out of a million. or let me say 10 million to make the point stronger. you see? that's where you can't express yourself. and then i said to them, well, why do you do that? and they said because, you know, the purpose of a trademark is to identify a

. >>> es una perspectiva, que le ha dado la magistrada sotomayor a la corte suprema de justicia. >>>ndo bill y hillary clinton. esta imagen dice tanto, ¿verdad?. >>> es un reflejo de las instituciones la fuerza de nuestros procesos electorales. de respetar el voto de cada uno de nosotros y respetar la mayorÍa. o sea que se le dio donald trump en los estados electorales. tenemos al ex vicepresidente de estados unidos bajo george bush. no sÉ si lo vi bien. >>> junto con linch cheney ex vicepresidente llegando al capitolio de estados unidos. >>> volviendo al tema de bill clinton y hillary clinton es increÍblemente admirable, porque entendamos que esto no ha sido una elecciÓn normal. ella le ganÓ el voto popular por casi 3 millones de votos. Él ganÓ en donde importa, que son los votos electorales. han habido tantas acusaciones de interferencia, la cuestiÓn del fbi. este ha sido una elecciÓn que ha dejado a todo el mundo... y no sÉ si cualquier persona normal, en estos momentos, en vez de tener que estar en esta tarima compartiendo con la familia trump. verlo juramentar sobre la biblia. >

answer is in the immigration context as distinguished from perhaps any other context, you as justice sotomayor was saying, the imdwrags context in particular is a context that implicates liberty with the severis severe. so it is far apart from the public good sort of questions he and applications. >> mr. rosenkranz, i guess i would have thought your answer would have been different. i guess i would have thought that -- whatever implications johnson had for vagueness doctrine, it has already had. and that all you're asking us to do is to essentially say this statute is no different frat statute we looked at in johnson and to write an opinion that basically just repeats jobson and whatever implications it's had or will have, it will have regardless. and he this opinion would do nothing more. >> thank you, jorn, yes. what she said.yjorn, yes. what she said.ojorn, yes. what she said.ujorn, yes. what she said.rjorn, yes. what she said. jorn, yes. what she said.hjorn, yes. what she said.ojorn, yes. what she said.nojorn, yes. what she said.rjorn, yes. what she said., yes. what she said. >> if that's

if i could just give you one example, talking about justice sotomayor, a justice going to fireflier, and one of the core purposes of the i.d.e.a. is mainstreaming and firefly is not a mainstream school. yes there is behavioral problems addressed by the private -- >> can i go back to justice ginsburg question that i'm confused of for the same reason. you said something like, well this standard is being applied with bite. do you favor a standard with bite? >> we favor the stand hard to rowley says which lower courts have bun for 34 years -- >> do you favor a standard with bite? >> it t does have some bite. >> would that be some bite? or some bite. >> well if you disagree with it -- >> if someone said, write a standard with bite, i doubt you would come up with the words merely demin mouse. >> the substantive bite is at the back end. a feature in a much bigger statute. congresses a statute -- >> and that's what this case is all about. we are at the back end. >> but don't take policy concerns about hypotheticals and other things to rejigger the back end. congress's handiwork is to say pro

these highly very difficult considerations, if i can give you one example talking about justice sotomayor, once there was firefly there was progress that was made. there was a lot given up. one of the core purposes of idea is mainstreaming. firefly is not a mainstream school. there were behavioral problems addressed. >> can i go back to justice's question i'm a bit confused of, you said for the same reason. you said this standard is being applied with bite. do you favor a standard with bite? >> we favor the standard that rowley said that lower courts have done for 34 years. >> do you favor a standard with bite? >> it does have some bite. >> would that be some bite or some bite? >> it is some educational benefit. that's thela lagnguage of rowle. if you disagree wit congress can change it. >> if somebody said you to, write a standard of bite, i doubt you would come up with words more than merely di minimus. >> justice kagan, it's only at the back end, a small feature in a bigger -- >> the back end is what this is all about. we are at the back end. >> justice kagan, don't take the policy con

of president clinton, beginsburg and brier -- gi nsburg and breyer, we had so the my kwrothe -- sotomayor. we have every right to expect the same -- same courtesy from today's minority when we receive this nomination tomorrow. mr. schumer: mr. president, i rise th-p afternoon, like much -- rise th-p afternoon, like -- this afternoon like much of america, angry and deterred and in opposition to the president's executive order. this executive order was mean spirited and un-american. it made us less secure, it put our troops in the field at increased risk, and it was implemented in a way that caused chaos and confusion across the country. it must be reversed immediately. let me give three reasons why. first, it ought to be reversed because it will not make us safer as the president argues, it will make us less safe. the president's executive order targeted seven muslim countries, not one attack has been on u.s. soil from one of these countries. not one. moreover, it could alienate and inflame communities we need most in the fight against terrorism. as my friend john mccain noted. it could in

. >> he began with sonia sotomayor. >> it is this nation's faith in a more perfect union that allows from the bronx to stand here now. >> then a year later, he nominated another woman, elena kagan. >> thank you so much, mr. president. >> for the first time in history, there were three women on the supreme court. >> i may be a little grayer than i was eight years ago, but this is what a feminist looks like. >> it was obama's new high court that ushered in america's biggest social change in decades. june of 2015, the supreme court ruled gay marriage was legal. >> amazing. it's incredible. to be granted all these years, all these years. >> and now we all get -- >> all get marriage equality. >> today should also give us hope that on the many issues with which we grapple, often painful, real change is possible. shifts in hearts and minds is possible. >> obama knew this shift was possible because he had made it himself. >> i believe that marriage is the union between a man and a woman. >> the most progressive president in a generation had dragged his feet on gay marriage. advocates felt be

there's so many things, including putting sonia sotomayor on the supreme court and showing la teens aren't just here to do farm work or clean houses, there are many that are multi generation and he helped bring a lot of that forward. >> how much pressure is on the white house, he's only got five more days, to do some sort of blanket pardon. it isn't a felony to be in the country undocumented but he could essentially sort of pardon them or give clemency on the misdemeanor of being in the country undocumented. do you think that's going to happen? >> i don't think it's going to happen. there is a law against entering without inspection, so if there is any kind of pardon, it could be that. but there just doesn't -- there isn is a climate for it in the activist community but there's so much fear now that's the bigger issue. yes, many young people want it but the chances are small. >> this is another sound about the issue of values and ask you a little bit about it because we are about to see a sea change in values, i think we can all agree, even if you're being unpartisan about it, in the white

sotomayor and so on breyer, and we have problem they're of the age and we don't live forever. we have that problem task. it's going to take a lot of stiffen the back bone owe people and we may able to get some people up in maine after susan collins after the two sane republican runs in the senate dish shouldn't have said that -- to get them to side with the democrats if they're strong enough on -- it is absolutely crucial we keep the court either at eight forever, or keep it as long as we can given what is going on. >> republicans have set the precedent. they said there is no obligation too seat a supreme court justice. adopt the precedent. mitch mcconnell said obstruction every day on everything we'll give him nothing. he said on in the first that barack obama was president they met and said we'll obstruction everything. democrat les to notice the republicans were rewards are for obstruction, adopt success policies. october obstruct them, too. >> that's exactly right although i fear the democrats don't have the know do it. >> that's the point right there. by the way, call the

ruth bader ginsburg, of course, justice alito, justice sotomayor, justice kagan.pears all eight justices are here today. of course, there are only eight justices on the supreme court. that will be one of the first acts by the then president trump. we're told by advisers this may come in the first two weeks of his presidency. >> that's right. to add a member to that lawn. we're talking about the symbols and the unity and all that. that can disappear quickly in the fight over the supreme court, not because of who donald trump picks, but because so many hot button issues go through the supreme court. the control of the court itself is up for grabs. >> we just saw senator cory booker who many colleagues decided they would not attend. i saw an interview recently where he said that's their decision. >> he is one of the people who people think might think about running for president in 2020. >>> it's interesting. they were supposed to come out at 10:30. it's now 10:39. remember the meeting two days after the election was supposed to be 20 minutes and went after an hour.

under obama, sotomayor and kagan, no filibuster. that is apples and apples.esident, supreme court vacancy. what we hope would be that our democratic friends will treat president trump's nominees in the same way that we treated clinton and obama. >> mark halpern, he suggests nothing to see here and move along, move along. not the case? >> filibuster would be extraordinary and i think it will happen but with the republicans, extraordinary denying president obama the ability and the right to nominate -- even a hearing for a supreme court nominee. >> has that happened before? >> not exactly like that in that length of time that way. i think it's going to be a real challenge for them to find the democratic votes they need to overcome a filibuster and if he nominates the names of people they are talking about, i'm not sure will end this way but i think you could see a log jam and i think it will be hard to overcomt pressure on even the conservative red state democrats to hold in line and not vote to overcome the filibuster. i think will be pretty strong. >> joining

and it brings you back to eight years ago talking about against all odds, here's justice pryor and sotomayorjustice. a lot of pressure in the moment and tripped up in the first phrase and then it was gone. he was clearly concentrating on one path and lost it. they had to redo it to make sure it was all official. >> it brings us back to the moment. they had to redo it because the president's lawyers said listen, we don't think this is going to happen. >> but someone might be able to challenge you at some moment and say you're not a legitimate president. >> in court they were concerned that a court case with a presidential action could be challenged because john roberts messed up the presidential oath. it's right there in the constitution. given how garbled it was, obama wasn't sworn in so they did it again. >> we saw elizabeth warren there as well. it's never too early to look ahead. some democrats talking about her as a candidate for president next time around. >> we saw cory booker right before we saw elizabeth warren both who have been talked about for 2020 who represent a major wing of th

sonia sotomayor.ence thomas, who will be swearing in vice president elect momenike pence. anthonny kennedy, the swing vote on the court. >> eight justice. as we pointed out, the president-elect says he will be nominating someone very, very soon, maybe, john, in the coming days. >> he promises to get off to a quick start. his adviser kellyanne conway who we saw in her festive red, white, and blue jacket, on her birthday, says he will issue executive orders this afternoon. she says they want to get off to a quick start. in the next week or two he expect donald trump to send up a name for the supreme court.cin g fascinating, as we wait for the president of the united states and the president-elect to come out of the white house, for donald trump, a man of considerable wealth, new yorkers think new york is the capital of the world, i say that with no disrespect, when the marines are outside the west wing, that means the president is in the oval office. the transition from donald trump into that building t

the honorable justice sonya sotomayor. >> ladies and gentlemen, the president of the united states.k here from the president and the first lady as they get ready to get close to the reviewing stand at 1600 pennsylvania avenue. let's bring in our panel from the washington bureau. richard, let's go to you first. haven't heard from you today on your thoughts on his speech. what did you think? >> i have mixed reviews. the one line that stood out is about prejudice and if you're patriotic, you have to see past your prejudice. wish he defined what would make america great again is. a lot of times presidents, it's an aspirational message. it's not laid down in politics, this is more of a campaign speech from donald trump. he didn't speak to defining what his montra is, make america great again. we'll have to see if he defines that for the american people. i wish i would have saw it today. >> charlie, we watch the first family get out again. your thoughts on it. >> these ceremonies are dramatic and wonderful to watch. particularly dramatic on a day like today where you have an incoming pres