form. mike, you just said, black and blue. be careful, because that borders browning paper bags. but when you talk about i think you would love this, this is the government saying, look, we re going to teach you some personal responsibility. when i was very young, just a week old, after jim any carter was president, i remember that energy crisis. my parents always told me, shut off the light, shut off the water when you re brushing your teeth. it s good for us to be conditioned to better behavior and i think it s a good idea. it s a good program, that will actually benefit us. you know you will be nudged to combat things like global warming. they will never make value judgments, they will only make certain left ling leslie, you re just wanting to be nudged by the government, i ll show you what to do.
form. mike, you just said, black and blue. be careful, because that borders browning paper bags. but when you talk about i think you would love this, this is the government saying, look, we re going to teach you some personal responsibility. when i was very young, just a week old, after jim any carter was president, i remember that energy crisis. my parents always told me, shut off the light, shut off the water when you re brushing your teeth. it s good for us to be conditioned to better behavior and i think it s a good idea. it s a good program, that will actually benefit us. you know you will be nudged to combat things like global warming. they will never make value judgments, they will only make certain left ling leslie, you re just wanting to be nudged by the government, i ll show you
away from the law and into value judgments. what kind of value judgment.can people make when they tea side to comport their lives. he will say i revealed the greatest violation of the fourth amendment rights in the history of the country. the public has a right to know the government is listening to its phone calls and capturing its e-mails. martha: there is no better place to make this case than as a whistleblower. we have breaking news. thank you very much. bill: we want to take you live to the u.s. supreme court. we have a ruling in an affirmative action matter that came out of austin, texas, university of texas. reporter: you remember his is the case of a white plaintiff who says she applied to the university of texas at austin but didn t get in because race was used in the consideration. she said that fell against her because she was white and other minority applicants were able to
on by a judge, when a judge says it s legal, it is legal, right? yes and no. as you know, something can be legal and unconstitutional at the same time, counselor. this is where we get in the great area where values, value judgments, the constitution, and different ways of interpreting the constitution may collide with the law. as the law is worded, we are speaking of the patriot act and other enabling legislation, the surveillance was lawful but as the fourth amendment is wordeds the surveillance was unconstitutional. so a court will have to decide that. i don t know if a court will even let him argue to a jury he was a whistleblower and what he did was correct f he does, a jury will decide. if not, a judge will decide. gregg: a higher court would have to preview the decision to determine whether he misapplied
the law of the fisa or where the law itself is so expansive that it violates the constitution. judge, that could take years, right? absolutely. and we don t know if this give will be free in the years it will take to resolve this or incarcerated because we don t know what path the government will take. we do know that the obama administration, looking at the case involving our friend and colleague, james rosen, which the information that came out seemed like something that everyone already knew, the obama administration has been extremely aggressive, far more aggressive than any administration in the post world war ii era of prosecuting leak are whether they characterize them as whistle blowers or not. my guess they will pursue imaggressively and it will be in the gray area where value