justice sotomayor: mr. waxman, tell me the consequences of our decision today. >> your consequences -- justice sotomayor: do you put them out of business, or do they have to go and negotiate a license with every copyright holder? you are, in fact, telling me they are not a cable company, they are not a satellite company, so they can't go into those systems of payment. what happens then? >> the consequences really gets back to the chief justice's question, which is, if they actually provide something that is a net benefit technologically, there's no reason people won't license them content. but on the other hand, if all they have is a gimmick, then they probably will go out of business and nobody should cry a tear over that. justice breyer: once you take them out of the compulsory licensing system, they're going to have to find copyright owners, who owns james agee's pictures? who owns something that was written by -- like a french silent film in 1915? i mean, the problem is that they might want to have perf

>>> and justice sonia sotomayor. on the future of affirmative action. and that surprising costco run-in with hillary clinton. >> it was not planned. i can assure you. i promise. >>> from abc news, "this week" with george stephanopoulos starts now. >>> good morning. i'm martha raddatz in baghdad where the battle for control of iraq has take an dire turn. the jihadist group isis gaining new ground, capturing four key towns. near the syrian border. threatening this country and the entire region. and the u.s. homeland with its growing strength. we have team coverage of the latest developments including breaking details on the u.s. special forces preparing to advise the iraqi army. we begin in baghdad, where shiite militias took to the streets this weekend in a show of force. members of the madi army who once led the fight against americans in baghdad's city, now vowing to stand up against isis. the jihadist fighters threatening baghdad's borders. isis gained critical new ground this weekend, after wiping out an entire iraqi brigade. isi sirks now controls a

clearance thomas, samuel alito and sonya sotomayor. with lots of the device cases you get these unusual alignment. there is a decision that the book deals with in some detail where kennedy led a 5-3 majority and was refused for striking down most of arizona. scalia wrote a dissent that called the court's decision mind-boggling. he went out of his way and outside of the record of the case to attack obama for something unrelated to the case. his use of executive power to favor the immigrant children known as dreamers. the "washington post" that usually selects the president or senator or cabinet member for the owner bestowed the worst week in washington prize partly because he was out voted in the obamacare decision that came down. those are just some examples in the book and it deals with them and explains them. it's not just of the cases as a bare majority that exposed the fallacy of the increasingly common description of the roberts court in the right-wing political hacks. there are plenty of rulings which accounted for nearly half of

there are great writers, i think alito and sotomayor is remarkable and kagan is remarkable. but the clarity of roberts. >> rose: clarity. >> they are so lucid that could be understood by normal human beings which matters. the constitution and interpretation of the constitution is not a matter for just experts. i think this is a matter for national discussion, for national conversation and i think we understatement the intelligence of the american people if we assume you have to talk legalese and jargon all the time. that's why i really like the simplicity of the roberts opinions. they come right to the point. they're concise. >> rose: clear and precise. >> yes. >> rose: i should mention who is joshua mast. he's a former student of yours. >> he was a former student and he was my chief teaching fellow in an undergraduate course at harvard. he will be clerking for justice kennedy in july and is clerking for justice reinhart. he's got a great future. he deserves a lot of credit for helping me right this. >> rose: what do you, how do you think you're shaping the minds of these yo

sotomayor said i do not doubt my achievements. i might not have gotten here without a leg up. >> race was one of the things in which you said you can get a sense of the court. >> court is moving toward the view that we have gotten the racial problems largely behind us. i think that is a mistake but when they decide a case like shelby county saying that there has been a lot of progress, we no longer need to have the preclearance procedures in the justice department, justice ginsburg said it best in her dissent which is it is like saying that we have stayed dry in a storm so we might as well give the umbrella away. it is not a very rational response. i do not think it helps to pile on. a lot of liberals look at a decision like shelby county and get a lot of joy out of castigating the court and saying it is blind. what good does that do? they have the votes but what we need to do is understand what is driving them. what are the possible levers and what are the motivations? sometimes the answer is there's nothing we can do short of an

sotomayor said i do not doubt my achievements. i might not have gotten here without a leg up. >> race was one of the things we're you can get a sense of the court. >> court is moving toward the view that we have gotten the racial problems archly behind us. i think that is a mistake but when they decide a case like shelby county saying that there has been a lot of progress, we no longer need to have the preclearance procedures in the justice department, justice ginsburg said it best in her dissent which is it is like saying that we have stayed dry in a storm so we might as well give the umbrella away. it is not a very rational response. i do not think it helps to pile on. at a of liberals look decision like shelby county and get a lot of joy out of castigating the court and saying it is blind. what good does that do? they have the votes but what we need to do is understand what is driving them. what are the possible levers and what are the motivations? sometimes the answer is there's nothing we can do short of an eventual change in

sotomayor said i do not doubt my achievements. i might not have gotten here without a leg up. >> race was one of the things in which you said you can get a sense of the court. >> court is moving toward the view that we have gotten the racial problems archly behind us. i think that is a mistake but when they decide a case like shelby county saying that there has been a lot of progress, we no longer need to have the preclearance procedures in the justice department, justice ginsburg said it best in her dissent which is it is like saying that we have stayed dry in a storm so we might as well give the umbrella away. it is not a very rational response. i do not think it helps to pile on. a lot of liberals look at a decision like shelby county and get a lot of joy out of castigating the court and saying it is blind. what good does that do? they have the votes but what we need to do is understand what is driving them. what are the possible levers and what are the motivations? sometimes the answer is there's nothing we can do short of an

more of the justices including sotomayor and scalia. to take an example of someone who is thought as a liberal and conservative, realize that there are serious threats from new technology to privacy. they have different approaches to those threats and interestingly, breyer is to the right of scalia. on those. therefore the trend is one of grappling with new problems. the court does not have a left-right commitment on privacy. >> can you predict how they might come down on a case? when i study the case closely the way i did the obamacare case, i was saying before the decision that the chief justice would cast the decisive vote based on the taxing power. that was right. i do not claim to be unique. the point is, i don't say i have a crystal ball. but i do think the issues we need to that er issues that are beneath the surface. not issues that can be easily captured by labels like originalist or living constitutionalist, activist, non-activist. they are deeper than that. >> they are what? understanding the deeply thought philosophy of the

continue these kinds of programs in a state like michigan, there have been those who look to justice sotomayor's opinion as very interesting in terms of having a voice, a minority voice. well, no pun intended both a racial minority on the court but also obvious lay dissenting opinion opposed to a majority that spoke very frankly and passionately about the role of race in the united states and the important role that the supreme court plays in needing to take account of it. so she actually referenced chief justice robert's opinion in a voluntary integration race case with elementary and secondary schools came out seven years where he said that the way to essentially end race discrimination in america was to stop talking about race and sotomayor said the way to address racial discrimination in america is to speak openly and candidly about the role of race, about continued barriers to opportunity so that we can move forward. >> slight tweak on what the chief justice said. i think he said end racial discrimination by the end of stop discriminating not stopping to talk about race. i think. i don't th

continue these kinds of programs in a state like michigan, there have been those who look to justice sotomayor's opinion as very interesting in terms of having a voice, a minority voice. well, no pun intended both a racial minority on the court but also obvious lay dissenting opinion opposed to a majority that spoke very frankly and passionately about the role of race in the united states and the important role that the supreme court plays in needing to take account of it. so she actually referenced chief justice robert's opinion in a voluntary integration race case with elementary and secondary schools came out seven years where he said that the way to essentially end race discrimination in america was to stop talking about race and sotomayor said the way to address racial discrimination in america is to speak openly and candidly about the role of race, about continued barriers to opportunity so that we can move forward. >> slight tweak on what the chief justice said. i think he said end racial discrimination by the end of stop discriminating not stopping to talk about race. i think. i don't th

justice sotomayor and justice kagan more radically liberal. part of the qualification is you understand the constitution. two of the justices who dissented against prayer in public bodies were the ones you nominated. >> if you want conservative judges, let's elect a conservative president. the constitution was not set up to make sure they never get any of theirs. i broke the filibuster. they represented a pro-life clinic. they represented big companies against environmental groups. they were qualified. elections have consequences. strom thurmond voted for 23. if you want conservative judges, let's win the white house. but don't tell the people we are going to washington and lose elections that the supreme court will not change. >> thank you so much. your role is to advise and consent. i believe when you are determining those individuals, they should have a believe and understanding of the constitution and the bill of rights. these are rights that are god-given. these are rights that all of us are allowed. what those in washington d.c. do not u

andice sotomayor justice kagan more radically liberal. part of the qualification is you understand the constitution. justices who dissented against prayer in public bodies were the ones you nominated. >> if you want conservative judges, let's elect a conservative president. the constitution was not set up to make sure they never get any of theirs. i broke the filibuster. they represented a pro-life clinic. companiessented big against environmental groups. they were qualified. elections have consequences. strom thurmond voted for 23. if you want conservative judges, let's win the white house. but don't tell the people we are lose to washington and elections that the supreme court will not change. >> thank you so much. your role is to advise and consent. and you are determining those individuals, they should have a believe and understanding of the constitution and the bill of rights. these are rights that are god -given. these are rights that all of us are allowed. what those in washington dc do not understand is they are out of touch with

justice sotomayor and justice kagan more radically liberal. part of the qualification is you understand the constitution. two of the justices who dissented against prayer in public bodies were the ones you nominated. >> if you want conservative judges, let's elect a conservative president. the constitution was not set up to make sure they never get any of theirs. i broke the filibuster. they represented a pro-life clinic. they represented big companies against environmental groups. they were qualified. elections have consequences. strom thurmond voted for 23. if you want conservative judges, let's win the white house. but don't tell the people we are going to washington and lose elections that the supreme court will not change. >> thank you so much. your role is to advise and consent. i believe, and you are determining those individuals, they should have a believe and understanding of the constitution and the bill of rights. these are rights that are god-given. these are rights that all of us are allowed. what those in washington dc do not und

the two chat the for a bit, sotomayor said she was there to shop. >> a community in bucks county came together for flag day to support those who were injured defending old glory. the sounds of bagpipes kicked off the wounded his or her 5k this annual event brings out hundreds of people including the guy you saw there, the phillie phanatic to warminster community park to raise funds ascertain awareness. it provides services for wounded veterans and their families. >>> receiving a high school diploma seems like a minor accomplishment compared to the physical journey for a teenager over the past four years. >> reporter: giannna marie blows a kiss to the photographer before she graduates at tacony academy high school. but her major accomplishment is not graduating. this is. walking across the stage to receive her diploma. >> i was thinking about how far i came from where iftion four years ago -- i was four years ago. >> reporter: four years ago an out-of-control car pinned her against the wall, she lay in the coma for four days and lost her leg above the right knee and still wears a brace

>> well, justice sotomayor, those cases i mean, i'd start with cases like lukumi or o centro, which all involved corporations, and nobody thought it was particularly problematic there that the plaintiffs before the court were artificial entities. nd i suppose you could take -- >> well, but they were really arguing about things that affected their membership, not them as a corporate entity. >> well, i'm not sure that you can so easily divide the two, and we can talk about how it is with corporations generally. you understand how the corporation has certain beliefs or -- a scienter requirement. the courts every day deal with issues of trying to figure out what kind of intent or motivation a corporate entity has. >> so the dissent in this case, in the tenth circuit case, said how do we determine when a corporation has that belief? who says it? the majority of hareholders? the corporate officers? the is it 51%? what happens to the minority? and how much of the business has to be dedicated to religion? 5%? 10%? 90%? just assume not a business like yours you picked great plaintiffs, but let's

>> well, justice sotomayor, a couple of things. first of all, if you're already at that point you probably understood just like a cable company they're publicly performing and maybe they qualify as a cable company and maybe they could qualify for the compulsory license that's available to cable companies under section 111 of the statute. >> this gets it mixed up. >> we have to go to all of those other questions, if we fine that they're a cable company. we say they're a cable company, they get the compulsory license. >> there is lots of conditions on the compulsory license. i think the first place, the reason that we haven't been debating whether about whether they're a cable company, they want to be a cable company. they have a footnote in the brief that make it clear. they are not a cable company in their view. they don't want to be a cable company. that is because, cable company might potentially get you compulsory license but bring as lot of obligations being a cable company. >> that's why they don't want it. >> exactly. >> that

who -- i'm always look ing for sotomayor and the notorious rbg, ginsberg, to scream out, no, no, not this. and so when sotomayor joins in this decision, i started asking, is it about a kind of catholic latino conservatism? and you were saying, no, that is not the way to think about it. >> like the majority of all women, latinas of all faiths use and support contraception. 97% of sexually experienced latinas have used a form of contraception in their life and 90% of catholic married latinas have used a form of contraceptive that is banned by the vatican. it was a big win when they used contraception as preventative care. we are hopeful and want to ensure that the supreme court rules in the favor of religious liberty of the women, of the families that can make decisions for themselves with their own moral agency, with their own faith, with their own conscience not those of the ceos. >> you don't see sotomayor as necessarily joining as a base level identity politics? >> no. >> let me ask one are more. i want to get you in on this. i want to underline one more time the point that gauntle

you don't have a fourth amendment claim when the government gets it from the third party and justice sotomayor suggested in the gps case is something we need to rethink in a world where everything we think and do is in the private third party hands and it indicates those who think it should be overruled and judge leon here have some support. >> other questions? >> mike lindenberger with the dallas morning kn ing news. you see in the politics, too, with rand paul and war on drugs, et cetera, but i think the first amendment may be the best fulcrum to talk about that. it seems like what used to be sort of a rallying call for liberals is often now challenging liberal politics in support of the first amendment like, for instance, the abortion cases. i just wondered if you could talk about that, the shift and the new maybe newfound support of first amendment as a weapon for the right and maybe something that makes liberals less comfortable than they used to be. >> yeah. i certainly -- i'm not going to comment on whether it makes liberals less comfortable than they used to be but i think on the conse

supreme court justice sonia sotomayor dropped by. she told clinton, i'll read the book. clinton said, you better, i read yours. >>> all right, it was earlier in the show we asked you for other famous voices that shared it. >> good morning, thomas, one of our viewers said that this voice is iconic for them. >> you killed them. >> no, i am your father. >> oh, yeah. >> yep, james earl jones. >> we love him. >> we do. >> you also liked john forsythe. >> lady voices. katherine hepburn fran drescher. >> thanks, justine. >>> coming up next on "way too early," the stories you'll be talking about in the day ahead and "morning joe." straight ahead. th ink plus from. th ink plus from. like 50,000 bonus points when i spent $5,000 in the first 3 months after i opened my account. and i earn 5 times the rewards on internet, phone services and at office supply stores. with ink plus i can choose how to redeem my points. travel, gift cards, even cash back. and my rewards points won't expire. so you can make owning a business even more rewarding. ink from chase. so you can. means keeping s

you don't have a fourth amendment claim when the government gets it from the third party and justice sotomayor suggested in the gps case is something we need to rethink in a world where everything we think and do is in the private third party hands and it indicates those who think it should be overruled and judge leon here have some support. >> other questions? >> mike lindenberger with the dallas morning kn ing news. you see in the politics, too, with rand paul and war on drugs, et cetera, but i think the first amendment may be the best fulcrum to talk about that. it seems like what used to be sort of a rallying call for liberals is often now challenging liberal politics in support of the first amendment like, for instance, the abortion cases. i just wondered if you could talk about that, the shift and the new maybe newfound support of first amendment as a weapon for the right and maybe something that makes liberals less comfortable than they used to be. >> yeah. i certainly -- i'm not going to comment on whether it makes liberals less comfortable than they used to be but i think on the conse

. >> just take one of the things that justice sotomayor said. there are many people that have religious objections. does andn employer refuses to fund or wants not to fund vaccinations for her employees, what happens then? >> assuming we get past the substantial burden, the next steps would be analysis. . >> every medical treatment and htstice sotomayor is rig that there are number of treatment that religious groups object to. group opts out and everything would be piecemeal and nothing would be uniform. >> nothing can be clear that when congress passed, congress made a judgment that it was going to apply to all manner of federal statutes. >> maybe it seemed clear then. congress has continued to write in to federal legislation specific religious exemptions for some but not everybody. for individuals, sometimes religious institutions. -- whys all right here did congress continue to pass these laws focusing the exemption on the individual? as i take your arguments, those are the laws and/or more than half a dozen which were unnecessary. congress d

there was justice sotomayor who said during the oral argument. she asked the question -- do we have it? is your claim limited to sensitive materials like contraceptives or does it include items like blood transfusion vaccines or some religious products made of pork. is any claim under your theory that has a religious basis. could the employer preclude the use of those items as well. that would seem to be one of the central questions in the case. if a company can say you know what, we have a religious objection to this type of birth control. what does that mean going forward? >> right. and in this particular instance there's women health care. there are religious objections to all sorts of things. she went to the heart of it. blood transfusions, strax nations, and so on. the question is if a corporation can be religious, and the religion is synonymous with the employer without weighing the third party harms to the employees. you open the door to all sorts of exemptions. >> just finding out. justice samuel ali to is writing the decision for both of

we got a back story from justice sotomayor. "newsnation." is up next. where kerry's -- they'll have that plus what democrats and republicans are saying about hillary clinton's wealth. stick around. there are cameras,, police, guards...ds us. but who looks after us online, where we spend more than 200 billion dollars a year. american express can help protect you. with intelligent security that learns your spending patterns, and can alert you instantly to an unusual charge. so you can be a member of a more secure world. this is what membership is. this is what membership does. the numbers are impressive.y to new york state. over 400,000 new private sector jobs... making new york state number two in the nation in new private sector job creation... with 10 regional development strategies to fit your business needs. and now it's even better because they've introduced startup new york... with the state creating dozens of tax-free zones where businesses pay no taxes for ten years. become the next business to discover the new new york. [ male announcer ] see if

saturday, supreme court justice sonia sotomayor just happened to bump into hillary at costco. mrs. clinton was at the arlington, virginia, to promote her book and the justice was just there shopping. >>> in the los angeles times, governor chris christie tells gop donors you'll get over it, after being asked about the bridgegate scandal. the governor told hundreds of donors to get over it, adding it will be fine. >>> the interim foreign minister used a vulgar schoolyard word that has caused an international incident. russia has called for his resignation. >>> governor quinn sign legislation to prohibit police quotas. >>> president bill clinton is most admired president of thes past 25 years, that's according to a new wall street journal/nbc news study. 42% of respondents picked clinton. 17% for george w. bush and 16% for his father, jrj h.w. bush. that's your morning dish of "scrambled politics." >>> joining us this morning for more perspective is david nakamura. the world is watching the president's move when it comes to the growing tension in iraq, so could the chaos there influen

. >> and thomas and sotomayor on the other side. >> that's right. a really aggressive disagreement in these documents that came out of the court today with a lot of the justices on the majority side really cracking down on what justice sotomayor said and accusing her of being idealogical. what does this tell you how fevered this debate on immigration is? >> i don't think it's idealogical because justice alito agreed with her result and said most of her reasons justice thomas agreed with every words she said except for one footnote, but a very technical fo footnote. it's a reminder that justices can disagree with each other, even pretty sharply and it's not necessarily all about partisan ideology. it's just sometimes good lawyers confronting a very complicated statute might have different interpretations. >> was the fact that this immigration process can take so long in this particular case it was over seven years on a wait list a factor in how the judges ruled? >> they in the end -- the majority deferred to the bureaucracy, complicated statute and a

justice sotomayor and justice kagan more radically liberal. part of the qualification is you understand the constitution. two of the justices who dissented against prayer in public bodies were the ones you nominated. >> if you want conservative judges, let's elect a conservative president. the constitution was not set up to make sure they never get any of theirs. broke the filibuster. they represented a pro-life clinic. they represented big companies against environmental groups. they were qualified. elections have consequences. strom thurmond voted for 23. if you want conservative judges, let's win the white house. but don't tell the people we are going to washington and lose elections that the supreme court will not change. >> thank you so much. your role is to advise and consent. i believe, and you are determining those individuals, they should have a believe and understanding of the constitution and the bill of rights. these are rights that are god-given. these are rights that all of us are allowed. what those in washington dc do not under

love me some sonia sotomayor. we finally know what's under those robes. it's all comfy stuff. so look how tuned in hillary clinton is there. too much fraternization? >> not at all. look. you're going to costco. a six-pack of shaving cream. or paper towels. stop by and see hillary clinton. looks like that's what was happening. >> you come for the big tide but stay for hillary clinton. >> costco has great cupcakes. but back to your question, hillary clinton is the hottest ticket in town right now if you are a democrat. you are excited about her potential candidacy. you are excited about her record. she's a woman and that's clearly the glass ceiling we have yet to crack. hillary clinton is someone you probably want to go out and support whether it be signing her book or also maybe cheering her on. the question becomes, and i disagree with bob on this. i really do think it's going to be chris christie, scott walker or probably jeb bush from florida. conservatives are very comfortable with jeb bush. he is one of them. he is someone that comes, obviously, from a very big state and h

it is rare these days to see everyone from scalia to sotomayor agreeing. what's your sense of how everybody got on the same page on this? >> well, you know, it certainly isn't by narrowing the decision. because this court could have said, yeah, you need a search warrant to search a fancy cell phone, but not a dumb old phone that just has a record of calls. they could have sliced it that way. they could have said, you need a search warrant in all by more serious cases. they didn't do that. now, what the court did say today is there may be exceptions here when the genuine emergency. the police need to look at the phone right now to see if somebody is about to set off a bomb or the location of some kidnapped child, for example. except for those emergencies, the court said, you need to be able to have a search warrant. now, justice alito did set himself apart a little bit, to say let's not go too fast here. if the congress or state legislatures can take a more sober look at this and come up with reasons why they think in some circumstances the police might nee

supreme court justice sonia sotomayor says i happened to be shopping at costco, came by to say hi. >> she looked like she's out on an ordinary saturday. >> she does. the justice reportedly promised to read clinton's book to which clinton replied "you better. i loved yours." >> i don't know what she wears. she didn't show up in the robe of course. >> i don't know what's under that robe. >>> former president george h.w. bush just turned 90. >> tonight cnn will air a film about the nation's 41st president. we'll give you a look peek. >> combing up on "inside politics" we'll sort out the winners and losers in the unexpected revolution in the republican party. >>> and hillary clinton's book rollout, it's been rocky. can she get her "a" game back? we'll see you in a few minutes on "inside politics." are the largest targets in the world, for every hacker, crook and nuisance in the world. but systems policed by hp's cyber security team are constantly monitored for threats. outside and in. that's why hp reports and helps neutralize more intrusions than anyone... in the world. if hp security so

people attended the book signing in arlington, virginia, and among them, supreme court justice sonia sotomayor. she's the one in the striped shirt there. she told reporters she was just shopping and decided to get a signed copy. clinton obviously surprised, shouted that she couldn't believe it. >>> the central subway project in san francisco will mark a milestone on monday. the tunnelling work for the major extension of the muni metro t third line has been completed. this is video of the work from the san francisco municipal transportation agency. the agency says the two 350-foot-long tunnel boring machines each dug 8500 feet over the past year. the two central subway tunnels will allow the trains to travel quickly. the subway is set to open in 2019. >>> up next, a woman with good intentions makes a surprising find. she thought the worst when she heard yells for daddy in her neighborhood. what police found brought a smile to everyone. >>> and taking a live look outside for our father's day forecast. we have frances in today and we'll find out if the w thank you! thank you! dedicated bankers bo

>>> and justice sonia sotomayor. on the future of affirmative action. and that surprising costco run-in with hillary clinton. >> it was not planned. i can assure you. i promise. >>>

supreme court justice sonia sotomayor says she was just out doing her weekend shopping when she saw the line and stopped by to say hi. also in washington today, they marked the 200th anniversary of the star spangled banner. ♪ oh, say can you see by the dawn's early light ♪ >> axelrod: thousands participated in a sing-along along the national mall. the song, written by francis scott key, as he watched the british bombardment of fort mchenry of the baltimore harbor during the war of 1812, became our national anthem in 1931. the owner of a texas gravel company found much more than gravel in his company's backyard. he discovered a wooly mammoth skeleton, almost pristine, and almost completely intact. paleontologist say it had been undisturbed for between 30,000 and 40,000 years until the man accidentally banged into it with his backhoe. and they celebrated a rather big birthday in great britain today. queen elizabeth officially marked her 88th birthday with all the royal trimmings. first the fly-over. and then a procession of the royal guard. more than 1,000 in full dress. the queen her

supreme court justice sonia sotomayor. she told reporters she was just shopping and stumbled upon the event. she reportedly praised mrs. clinton's book, the former secretary of stating saying, "wow, i loved yours, too." just two authors chilling at costco. >>> when we come back, the original field of dreams and the message kevin costner has tonight for all dads. baand frustrating. e tough. but now, there's a better way. introducing the first-ever raid defense system. it attacks the bugs you see. controls the bugs you don't see... and prevents... by keeping bugs out. the raid defense system... get the answers. beat the bugs. raid. kills bugs dead. scjohnson. a family company. if ...hey breathing's hard... know the feeling? copd includes emphysema and chronic bronchitis. spiriva is a once-daily inhaled copd maintenance treatment that helps open my obstructed airways for a full 24 hours. spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden sy

supreme court justice sonia sotomayor. she told reporters she was just shopping and staum billioned upon the event. she reportedly praised mrs. clinton's book, the former secretary of stating saying, wow, i loved yours, too. just two authors chilling at costco. >>> when we come back, the original field of dreams and the message kevin costner has tonight for all dads. baand frustrating. e tough. but now, there's a better way. introducing the first-ever raid defense system. it attacks the bugs you see. controls the bugs you don't see... and prevents... by keeping bugs out. the raid defense system... get the answers. beat the bugs. raid. kills bugs dead. scjohnson. a family company. if ...hey breathing's hard... know the feeling? copd includes emphysema and chronic bronchitis. spiriva is a once-daily inhaled copd maintenance treatment that helps open my obstructed airways for a full 24 hours. spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudd

supreme court justice sonia sotomayor says she was just out doing her weekend shopping when she saw the line and stopped by to say hi. also in washington today, they marked the 200th anniversary of the star spangled banner. ♪ oh, say can you see by the dawn's early light ♪ >> axelrod: thousands participated in a sing-along along the national mall. the song, written by francis scott key, as he watched the british bombardment of fort mchenry of the baltimore harbor during the war of 1812, became our national anthem in 1931. the owner of a texas gravel company found much more than dwrafl in his company's backyard. he discovered a wooly mammoth skeleton, almost pristine, and almost completely intact. pailien tolses say it had been undisturbed for between 30,000 and 40,000 years until the man accidentally banged into it with his backhoe. and they celebrated a rather big birthday in great britain today. queen elizabeth officially marked her 88th birthday with all the royal trimmings. first the fly-over. and then a procession of the royal guard. more than 1,000 in full dress. the queen her

>> well, i'm just talking now, justice sotomayor, if i may, about the intra-session recess point. >> but i'm talking about tying the two together. >> right, but with respect to -- putting the pro forma issue aside for a second, with respect to intra-session recesses, the meaning of the "session," it seems to me, is the session, the full session, because you can have recesses by adjournment, as jefferson's parliamentary manual said. and as i think i said earlier, there is quite substantial evidence that the term "the recess" at the time of the framing could refer to a break during a session and not just breaks between sessions. so i just don't think there is contemporaneous evidence from the framing generation that would lead you to conclude that intra-session recesses are not within the meaning of the word "recess." >> well, where is this -- >> the most surprising thing to me that you have said, and it's important, is not just the view of language at the time of the framing, but what the purpose of this clause was. i mean, this is a very well-briefed case, and i have looked at them.

. >> justice sotomayor i think it gets down to the difference between raache on one hand and lopez on the other. this court is held at six ways to prohibit items from commerce. >> there's no dispute that these chemicals were transported against along interstate lines. >> that's not even disputed in this case. >> i don't think it was disputed and lopez that the firearm would have had to cross a state lines with the problem is lopez the federal statute was not structured in a way that had jurisdictional nexus that made the statute only applicable as of regulated. >> we didn't take it this case to dig decide the commerce clause. as we took the case the issue was whether the treaty supported the loss. >> that's why justice scalia we do think the government like a private party wave the constitutional argument. on the other hand i would say we are not particularly concerned about the commerce clause argument weeklies we think it has the basic defect. >> do you think mr. clement and this goes back to justice ginsburg question that this treaty have itself regulated individual conduct? could

it is usually the case, justice sotomayor, but not necessarily. the example i would give -- >> so what do you need why does the president have to adjourn the house in your example? >> no, i don't -- >> if the senate votes tomorrow to recess -- >> yes. >> can the president appoint, at least in your view, any vacancy that occurs during that recess? >> if the senate has been recessed without days so that the session of the senate is over, even if the president, under article ii, chooses to leave the house in session -- >> why do you need a date? in what rule makes a recess defined as something without date? >> this takes us back to the first argument, and i think the contemplation was that the recess would be the period of time that intervened between the ending of a session of the congress and the beginning of the next. here -- >> it always had a date, because we knew january 3 was a new session. >> well, that wasn't true until the 20th amendment. you know, the date was a much different date in the original constitution. but to answer your earlier q

in its ruling on his abuse of power and even the liberal justices, including obama appointees sonia sotomayor our elena kagan could not come to terms with his remarks. he is not a man easily embarrassed or ashamed, not even by the highest court in the land. as we reported here tonight, the supreme court has ruled against unanimous decisions 12 times, bounced between conservatives and liberals, and as i said, two of his own appointees. it not only ignores the constitution, but also frequently that your. "the washington post" fact checker was awarded three pinocchio is proclaiming last week that syrian opposition fighters were former teachers and according to the camp of tampa bay a lot of people may remember joe wilson. the congressmen reacting to the president's denial that would cover illegal immigrants. it dies. but that wasn't the only line that would be told to pass obamacare. and nor would those be his only vice. we're coming right back. >> she was his faithful secretary of state for four years, but with the 2016 presidential run looming, the break with the president is inevitable, and s

supreme court justice sonia sotomayor. she was just shopping at costco when she found out that clinton was there signing her new book "hard choices." >>> more pivotal shifts in politics this week. on thursday, house republicans will choose their next majority leader. the winner will replace eric cantor who was defeated in a stunning upset in the primary seventh district by a tea party inspired college professor. >> reporter: are you going to vote for david brat? >> listen, i want a republican to hold this seat. of course. of course. this is about making sure that we have a strong republican majority in the house. i'm hopeful we'll take it in the senate as well. very optimistic about that. >> let's bring in cnn's political analyst ron brownstein in los angeles. he's director "the national journal." what is at the root of the defeat? is it eric cantor taking too much for granted or is this a bigger message in his defeat? >> it's a little bit of both. the causes of the defeat are largely local and they have to do with a varie

>> justice sotomayor first of all if you are argued that point you're probably understood that just like a cable company they are publicly performing a baby that qualifies a cable company and maybe they could qualify for a compulsory license that's available to cable companies under section 111 of the statute. >> do we have to go to all of those other questions if we find that they are cable company? we say they are a cable of company to get the license. they want to be a cable company. they have a footnote in the red brief that makes it clear. they don't want to be a cable company and it might potentially get you into the compulsory license but it brings you within a lot of locations. >> that isn't the question. >> here's the other thing. >> the question is are they? >> that is a question to the federal communications act but here is why if i could i thank and mr. frederick will speak to this if you want them too but i think the reason they don't want to be a cable company is because they think their basic business bottle would not allow them to qualify for compulsory license anyway. >>

supreme court justice sonia sotomayor was shopping at that costco. when she stumbled on to the signing event. they greeted one another. then the justice grabbed a copy of clinton's new book "hard choices." we believe she paid for it. >>> meanwhile, pippa middleton is on a biking trek across the u.s. pippa, the sister of great britain's duchess, kate middleton, is joining eight-person relay in the race across america, the grueling race stretches 3,000 miles california to annapolis, maryland. pippa is expected to pedal at least 300 miles during the nine-day relay. she and her brother james are taking part of the riding event for charity. >>> and finally the nba finals, the miami heat, they are on the brink of elimination, as they face the san antonio spurs, in game five, later today. the spurs have dominated the finals. they lead that series, three games to one. and lebron james, who of course plays for the heat, said that he needs to step up his game tonight. >> i'm here with a 3-1 deficit. and you know, as one of the leaders of the team, i have to tr