They said they couldnt think of anything. If we go to a hand higher standard of review now weve reached the ultimate thing that everybody was worried about and there seems to be a lot of danger if youre going to strike down these laws. Are they going to strike down these laws . And if so by what vote . I think the most likely outcome is a five to four decision with Justice Kennedy. Ive gone back and read what they said at windsor and im prepared to argue that he left himself brewing in that opinion to join a majority in this case. His opinion emphasized federalism and what the courts were not deciding in the windsor case but he said very little about what he thought the proper resolution of the state law issue was. I think theres a nontrivial chance that it could be six three where he gets on board with existing marriages without getting on board with creation of new marriages. I think those are the two most likely outcomes. Also a slight possibility, but not likely, a straight up majo
I use experience you know, i have no idea whatsoever. And pozner suggested, i think i picked that up go and do empirical research. Why doesnt the government do it . Commissions tried to do it. Doesnt know where to begin. There are so many statutes. I think, Justice Breyer the very difficulty and unmanageability of the enterprise suggests it is not what congress had in mind. What congress had in mind was identifying classes of offenses that judges are confident involve serious potential risks of physical injury to another possibly the similarity in kind inquiry when the mens rea isnt satisfied. What Congress Expected courts to do was to analyze what the conduct is that is involved in it, compare it to the listed offenses and see if the risks are similar. Does the department of justice does the department of justice do any of that . Is one that the prosecutor asks for, and is there any guidance coming from the department of justice, guidance to the u. S. Attorneys, who are going to be as
Teninch section of track can cause so much trouble and behind me the 16th street station which surprisingly at this point, and we were expecting there might be based on prognostications earlier today. Bart was saying four to six hours to fix it as you said now they do have it fixed and they expect full service by 4 00, but earlier today, what a mess. This is as close as we or any bart riders got to witnessing track repairs today. Equipment passing through the 16th street station and worked with teninch crack that turned bay area or Rapid Transit stations into not so rapid ones. Its a gap in the rail, a piece broke off and its laying right next to the rail. It happened at around 9 30 this morning on rail line that connects San Francisco and the peninsula with the east bay. Ive been here for 40 minutes. Before the day ended kate ming would be there longer than that. The delay forced bart to run only one track all of the way through San Francisco turning the act of waiting for a train int
Facts of this case the Economic Situation are somewhat different that are ordinarily true in this industry because as handlers the hornes actually assumed the full financial responsibility for the raisins that were not turned over to the department of agricultural. The producers in this case were fully paid for their raisins. This is a factual finding to be found in the judicial officers opinion at 66 a of the appendix to the petition. The hornes paid the producers for their raisins corn to the judicial officer, those raisins became part of the inventory of the hornes. When the risen Administrative Committee which i will refer to as the r. A. C. Came after the raisins it was the hornes and the hornes only who bore the economic burden of this taking. I thought the growers were paid only for the volume that they were permitted that was permitted the permitted volume and that they were not paid for what goes in the reserve pool . Justice ginsburg that is true in the ordinary coarse. That
I think theres a lot of good law there that could solve a loot of these problems. I think that should be the starting point for a larger conversation about bringing our laws uptodate for the new realities. Guest it says that the internet should be unfettered by state or federal regulation. Host and thats the last word. Robert mcdowell, former fcc commissioner now with the hudson institute, and craig aaron, president and ceo of free press. Cspan, created by americas Cable Companies 35 years ago and brought to you today as a Public Service by your television provider. And were live at the Kaiser Family foundation this morning for remarks from arkansas governor mike bee by here in washington for the National Governors Association Winter meeting, and this morning hes talking about the impact of the Health Care Laws implementation in his state. This is just getting underway, live coverage on cspan2. We determined through various means that by utilizing the private option to which was the ab