justice souter: but that's the least of your concerns. mr. stewart yes, sir. :justice souter okay. : is this part of your argument, that the issue is justiciable? mr. stewart yes, it is, and i'd : be happy to address it, because it seems to me that justiciability, as i was saying earlier, hangs so much on the word sole. a reasonable reading of the word sole is that it means simply that the senate has the power to try the case and no other forum does. it's not that the word excludes judicial review. if the framers intended to exclude judicial review of impeachments, why not do so? why not say that the judicial power shall extend to all cases arising under the constitution except impeachments? that's what they did in the pardon clause. the pardon clause says that the presidential power to pardon shall extend to all cases except cases of impeachment. well, the framers didn't do that, and that seems very persuasive to us in two respects. first, they clearly did not choose to exclude judicial review, therefore the ordinary presumption of judicial review, the power

sound like david souter factor for you the question. and i doubt that will you at the. baghdad go home that i am. proud to know not over those. 5 days if they are. good this is. not good. that i am. the only those who could. believe it. that. that you know down. the line what. i wanted to let you. live because the service to. know that there's still some time to do so. but that this. time you have to make the case that. that's all. i've seen someone cuts in a. lot of. bad. light. well. i have. had our. oh. yeah well known. anything yet. and then. the last. thing on the. only. one. i love hyundai. remember muslim and i believe there are fires where the only one of the fire was the last. it. was in the midst of another man named dan laying it down i mean you know you. don't want to hang it. oh i thought it. was likely. to last the local dogs would. come up in the summer my. mom. my mom my mom. my mom. good. god who you have no money no matter what you have was .

won the prize for describing the process of how of how that works how souter's turned with the help of oxygen into energy but the question of availability and how the cells within the body react to availability of of oxygen that was something that was happening at a genetic level that nobody really quite understood and so this work is really about that fundamental process how does the cell know there's not enough oxygen there or i have enough oxygen in order to do a whole wide range of things including things for example an exercise to provide enough oxygen to the muscles at the right time in order to get the energy to the muscle ok so very important work was it expected that they would win. well it's it was surprising i read the websites like everyone who works in this in this particular area i read the websites in the predictions and and they were in the top 3 but that said it's no surprise that it is a surprise because there's so much fantastic work that's out there that's actually worthy of a nobel prize and and really you can break down the nobel prizes into sort of 2 categories o

about the list was so so there's a huge scottish kind of connection there as well i did email brian souter the founder of stagecoach and they have been incredibly generous and in support of our program they've donated us full buses at the start of the brain of just confirms a little bit losses which were booking folk. day by a good friend of yours so the. buses i could have built to last day they are in you know they are big structures and it's amazing once you take out the seats it's amazing what you can do to inside a double decker and huge thanks to everybody but most importantly they got in touch with us last month and said then once people come through. your program can we then put them in dr apprenticeships in order to potentially get them out there in employment now let for us is just amazing and again that been so incredibly supportive as with the community as well and have a soviet other backers and of people been helping with your life style bus for example. to get people to stop for good to job interviews and things absolutely so the whole premise of the program is really to wor

julius: i clerked for justice brennan, got loaned to justice souter. listening to the panel, reminded me when i clerked for justice brennan it was at the tail end of his career. i was the 100th clerk i think. i don't know if it was annual but i remember one reunion of brennan clerks, and i remember thinking, those former clerks are so old. >> [laughter] julius: although they have had really interesting careers. in ae not done this mahth really long time, but i think it has been 27 years since i clerked and i am now in that category. it is a little bit strange. i will tell the story of my career since clerking. as you will see, it is about 10% strategy and 90% serendipity. but it has been great fun and i as lucky and privileged at the career i have as i did when i was at the supreme court getting those clerkships. i am not the only one with a story similar to this but my parents are immigrants, holocaust survivors, and the chance in this country to go to a law school like harvard and clerk at the supreme court was really an amazing thing. actually at th

in seminole tribes with deep divisions and the court as to what the substantive meaning, justice souter said i did not consider this issue fresh in the previous votes that were all over the map. >> what about the decisions about its affairs in the wake of the decision, does it in a 4-1-4 decision, what is that party supposed to do. >> we won this case but can't rely on it because we don't know because it has no decisis effect it is the years go by and nothing happens -- >> in the ordinary case. subject to the ordinary principles of decisis, the one thing that makes this case unusual, a they did rely on the prior case, the defendant instead of asking for a different rule and that tells you something about how discredited the fifth vote is because it makes a universe of one. i haven't found any other case where somebody has come to this court and said i'm not going to make an argument based on provision of the constitution in which the previous decision rests. >> back to the math question that was alluded to. capable of doing this math, somebody could. if there is a jury pool with a certa

cities southern competitor singapore hong kong's recent i'm dressed i have seen singapore starbright souter singapore hong kong's recent undressed i have seen singapore starbright furtive the tourists investors and xpect the 4000000000 as an egg interesting for tourists investors and xpect the 4000000000 as an egg interesting number especially in the hong kong monetary authority earlier this week already said that the out in number especially in the hong kong monetary authority earlier this week already said that the outflows have been more than the most in more than a year both cities have a lot in common as have been more than the most in more than a year both cities have a lot in common on the surface they're both financial centers people speak english . and on the surface they're both financial centers people speak english. when it comes. when it comes to attracting foreign investment though the 2 cities are like night and day hong kong as it is to attracting foreign investment though the 2 cities are like night and day hong kong's advantage was always its democratic system that protect

still considers themselves to be christian so it should be no surprise that donald trump is a skin souter's themselves to be christian so it should be no surprise that donald trump is a strong bible believing protestant i'm a protestant i'm very proud of it presbyterian strong bible believing protestant i'm a protestant i'm very proud of it presbyterian to be exact but i'm very proud of it very very proud of it now donald trump keeps his really be exact but i'm very proud of it very very proud of it now donald trump keeps his religious convictions pretty big he doesn't go into detail he says that it's personal but it seems that just convictions pretty big he doesn't go into detail he says that it's personal but it seems he has his own unique cording to donald trump he does not need god he has his own unique theology according to donald trump he does not need god's forgiveness have you ever asked god for forgiveness. god's forgiveness have you ever asked god for forgiveness. i'm not sure i have i just. i'm not sure i have i just go on try and do a better job from there i don't think so donal

fact the definitive account of what makes someone inferior or superior, but actually think justice souter in his concurring opinion got it right in that case. i'm going to push back a little on that. i mean, if you want to take the position that there really is only one non-inferior officer in every federal department, that is a very, very difficult position to square with anything and everything we know about the appointments clause, both textually and historically. it is not a linguistically impossible position to take, but i think it is a pragmatically -- pragmatic not in the sense -- pragmatics as a branch of the philosophy of language -- pragmatically very difficult position to take on that. with respect to the first, im actually going to agree with you to an extent. my co-author is much more inclined to make arguments from practice than i am. i don't think the practice tells you a whole lot about what the constitution actually says because the government got it wrong from day one. literally day one. literally, the first statute ,nacted by the first congress flagrantly unconstitution

and we will hear from the mother of ellie souter speaking about her daughter‘s mental health issues, up to speed on the stories people are watching, reading and sharing. among the most—read stories this morning is the spat between coleen rooney and rebekah va rdy. the sun features it on its front page with what it calls the "waggro" after ms rooney claims that someone using the instagram account of ms vardy, the wife of leicester city footballerjamie vardy, leaked stories about her to the sun. she claims she worked out it was ms vardy‘s account by blocking everyone else‘s account apart from hers and posting fake stories, which then appeared in the paper. "roodunnit?" is how the daily mirror reports the story. it says ms vardy is inconsolable and denies selling the stories. instead, she suggests it must have been somebody else who had access to her instagram account. it‘s world mental health day and this is a top trend on twitter this morning. mental health is also high on the real—time google search trends. people are sharing their sentiments and stories in a bid to fight any possibl

divisions within the court as with the substantive meaning of the 11th of meant was with justice souter said i do not begrudge the majority for considering this issue fresh because those the majority of the court that at present spoken to it. >> what about a party does to make decisions about how it's going to order its affairs in the wake of a decision that it wins what it does in a 4-1-4 decision? what is a party supposed to do? we won this case but we really can't rely on it because it has no stare decisis effect, and then what happens as the years go by and nothing happens, the court doesn't come back to that question? >> that at least is in the ordinary case, the party would have every right to rely on this court's decision, subject to the ordinary principles of stare decisis that were deciding. one thing that makes this case unusual is you would think if the party did rely on that prior case it would come up and defend instead ask the court for a different rule. that tells you something about how discredited the fifth vote in this case is, which i think makes it almost a universe

julius: i clerked for justice justice got loaned to souter. listening to the panel, reminded me when i clerked for justice brennan it was at the tail end of his career. i was the 100th clerk i think. i don't know if it was annual but i remember one reunion of brennan clerks, and i remember thinking, those former clerks are so old. >> [laughter] julius: although they have had interesting careers. it has been 27 years since i clerked and i am now in that category. it is a little bit strange. i will tell the story of my career since clerking. 90%s about 10% strategy and serendipity. feels been great fun and i as lucky and privileged as the career i have as i did when i was at the supreme court getting those clerkships. i am not the only one with a story similar to this but my parents are immigrants, and thet survivors, chance in this country to go to a law school like harvard and clerk at the supreme court was amazing. one of theeme court, most pleasurable moments was bringing my parents to the court and explain to them why nazi germany could nev

. >> reporter: parenting expert ericka souter says the study confirms what worried parents have beenirl or to be feminine. >> reporter: but she says parents need to remember they have options. >> they have the purchase power. it all boils down to parents making the decision and then not letting their kids make the decision. >> ericka points out once your child becomes a teenager, it's inevitable. they will want more adult-looking costumes, and you can discuss what's appropriate, but she says, bottom line, you are the parents. you set the standards, robin. >> okay, diane, thank you. >>> now to a halloween health alert about cosmetic contact lenses. the ftc warning that the dangers of using them as part of your halloween costume could lead to some very scary consequences and rebecca jarvis is here with those details for us. good morning, rebecca. >> reporter: yeah, robin. hate to be a buzzkill here, but there were more than 4,000 halloween-related injuries last year according to the consumer products safety commission and some of those involved halloween costumes. while colored contact

. >>> parenting expert ericka souter of mom.com is with us. kids. we're talking, like, 4, 5, 6, 7, 8. they're growing up in a culture where everything is posted. my youngest son, his first selfie was posted an hour after i gave birth and everyone is doing that because they want to share the pictures with the world but we're giving our kids a skewed perception of reality. he doesn't know i put on b and mascara and he's not understanding there are a lot of filters these pictures go through, and the world isn't picture perfect. it's messy, and our kids need to know that so they're comfortable when their life isn't so picture perfect. >> what are the risks here? >> you know, i notice they don't have any sense of privacy. there is no boundaries of what they'll share on all these social media platforms and they're also obsessed with their posts getting likes. they really want people to like and respond to their photos even at a young age. mom, how many likes did i get? sometimes for a lot of kids -- >> that's not how you judge how you're doing in li