as justice breyer brought, "the court's decision -- it creates a loophole which when taken coght with citizens united eviscerates our nation's campaign finance laws, leaving a remnant incapable of dealing with the grave problems of democratic legitimacy that those very laws were intended to resolve." for instance, in the court's decisions, it consistent lit refers to traditional political corruption as quid pro quo corruption, corruption of the sort where a specific contribution is made for a specific vote or action. in arguing that campaign donations and political spending or speech have shown no signs of leading to corruption, the majority argues that campaign giving and the -- quote -- "general gratitude that a candidate or elected official may feel" is not the same as quid pro quo scruption in the sense of directly buying votes or action in the congress. but as justice breyer noted in his dissent, the majority's "narrow view of corruption" excludes efforts to attain influence over access to elected first of all, or political parties." every single member of this body and every mem

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. . >>> a fire and street fighting in ukraine and dozens are dead. the bloodiest rush of violence in months. the official death toll is 42 tonight. it started yesterday as pro kiev demonstrators marched and they were met with pro russia separatist. someone threw a molotov cocktail in a building starting a fire. eight people jumped to their deaths. one said the violence started when to accept artist opened fire, separatist opened fire on the protester. >> there were gunshots. people were killed on the ground. one hopeful sign a team of international military observers kidnapped by pro russian accept artist were released today. >>> tomorrow is a national day of mourning after hundreds, perhaps thousands were killed in a double landslide. the first slide buried 300 homes in a town of 2700 people. hundreds from a nearby village went to help when a second landslide hit. the governor's office estimates 2000 people were killed.

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. all plane pulled from the sample day this image from are held up a partnership with abc seven. a wedge in the water after colliding with another aircraft sunday. a report from richmond with the latest on the recovery efforts. didn't weigh all is left of the 210 aircraft on a boat here at richmond harbor earlier this afternoon let me show you some video what looks like there to got that airplane up from about 13 ft. down and send out all day there put on the barge there and started taking it away. we go up to our best you point from our helicopter partnership with abc seven news you see grins of the aircraft not much left the. in chemicals is a lot correct in half. >> : till the aircraft definitely with meticulous process to get all those pieces of the aircraft up from underneath the water. he conceded big crane their and ordered to do that. i did speak with the deficit brought all the airplane parts ashore is what the s

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breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >>> the father of a man suspected in two kidnappings told us today in no uncertain term that is his son needs help. ktvu also spoke to one of the alleged victims who was very blunt about what happened. robert handa has our reports. >> reporter: cameras were banned inside the santa clara courthouse. where brook was charged with kidnapping, burglary, and assault with a deadly weapon. the charges are for two alleged kidnapping attempts on sunday. one of a 61-year-old woman the other a 19-year-old san jose woman daniela alvarez who says she agreed to drive him to his father's house. but then he attacked her and tried to put her into the trunk of the car. >> he starts choking me. i'm screaming louder and he puts his hand on my face and squeezed really tight and says shut up, get in the trunk. >> is this going to be a complicated legal case? >> to tough to tell at this point. we just looked into the details of the case there'

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >> jimmy: every few months, our next guest loads a van with dangerous chemicals he bought on craigslist and drives them here. he's a 3rd and 4th grade science teacher, and his acclaimed book series for kids is called "nick and tesla's secret agent gadget battle." please welcome "science bob" pflugfelder. hello, science bob! ♪ >> hello. >> welcome. what you do to get kids interested in science is you come up with spectacular demonstrations. >> got to get their attention. >> since i have the brain of a child, it's all good. >> we've got our old friend liquid nitrogen. >> jimmy: you go through a lot of liquid nitrogen, don't you? >> when we take a breath, 80% of what we actually breathe in is nitrogen. >> jimmy: not me. i breathe oxygen, bob. >> only 20%. when they compress that, it gets very cold, 321 below zero fahrenheit. oh, those are mine. >> jimmy: i'm wearing them. >> we have liquid nitrogen, a vessel to put that

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >>> on the morning after her birthday party, anne marsan cook made a terrifying discovery. >> i was really, really scared. >> it was november 2009. anne and her friend howard were standing in an upstairs hallway of her old farmhouse near belleville, ontario. staring at her computer screen. >> it was spooky. it was the first time in my life that the hair stood up on the back of my neck, because it was a -- it was a message directed -- >> personal. >> yeah. >> now they knew. the break-in the previous day, the theft of those sex toys was not a joke. not even a bad one. all that time last evening they stood in this spot deciding a long discussion, should they call the police or not? they figured the cops would just laugh, so they decided not to call. after anne spent that night at howard's and returned home first thing in the morning, this is what greeted her on the computer screen. go ahead and call the police, it said. i

i am referring to justice stephen breyer. as a describing the law conversation among judges, professors, law students, members of the bar. --provided this discussion description. he says it is appropriate to look to sources other than the constitution or federal statutes when it comes to deciding what a law means. thatu share this view judges should occasionally look for guidance from sources like articles or other scholarly comments? maybe i should leave stephen breyer out of this. thatu share the view judges should look for guidance from sources like law review articles? >> i do not think there is anything wrong with looking at a law review article, if they have collected a lot of cases and it shortens the research process. if a statement is being made to indicate that a judge should be in fluids in the decision-making about this, gasoline not. we rely on the case and not the opinion of someone in academia. >> do you believe it is appropriate to rely on legislative history? >> for most judges, legislative history is the las

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >>> new at 10:00, vallejo police are hoping to gain more access to private security cameras to help solve crimes. the department launched the project today hoping it will help the city's budget strapped police department. jana katsuyama joins us now live in the bay area, where police tell us the program is completely voluntary. >> reporter: it is julie, on a sign up basis. police tell me there are dozens of surveillance cameras around the city that belong to them. what they want to do is have residences and businesses with those private security cameras to register them with police. these days, you see surveillance cameras almost everywhere you go. the city of vallejo has more than 30 cameras in hot spots. >> our goal with that is to catalog and know where all the privately owned cameras are here throughout vallejo. >> business owners with private surveillance cameras can register them with police, to form a citywide ma

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. staand the speed readingsng incrare off the chart!appiness. paradise found! luscious locks! great glittering galaxies. the happiest place on earth keeps getting happier! save up to 20% on rooms at a disneyland resort hotel on select nights. there's no end in sight! i'm going to need more time. ♪ get 5% cash back at lowe's this quarter so you can score more cash. activate your 5% cash back at chase.com/freedom. chase. so you can. ♪ >>> good morning, america. this is d.j. friday, and candace feeling the heat on the dance floor. why her perfection led her to find help. >> and ginger in the shark tank. will she brew up a storm the sharks can't refuse. >> and jeopardy gen use. who is she? the success behind the most success of mom ever. >>> and jaime fox with us as we say -- >> good morning, america. >> hello! yay! >>> see all these people in times square this morning. great crowd outside and inside with d.j. friday this

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >> jimmy: welcome back. kathy griffin, tony hale and franz ferdinand are backstage. the donald sterling and clipper story has been big here this week especially in l.a. most people you hear from are broadcasters and writers. i look to fiike to find out whal people think. who better to weigh in on the clippers than the guys at the barber shop here in los angeles. ♪ ♪ >> hey! >> hey. >> hey, what's up? how are you? how you doing? hey, guys, what's going on? how have you guys been? >> good. >> jimmy: i wanted to ask you guys were you surprised by donaldster lo sterling and whatd on the tape? >> not really. i feel like he smells racist. you can clearly look at him he smells racist. >> he smells like -- >> he sweats -- >> i don't think so. i think everybody was genuinely shocked. i don't think anybody kind of put him in that basket. >> jimmy: i wasn't shocked by it. >> i mean you are privy to those kinds of things. i am

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >>> as you may have seen, the bay bridge traffic has been a challenge. traffic has been horrendous. everyone seems to have a theory as to why. here's a live picture of the bridge. lyanne melendez on some of the theories. >> the back yum on the bay bridge hasn't been this bad the metering lights were still on at 11:30 this morning. >> i'm a very impatient person. yes, it was a struggle. >> very bad every morning. every morning. >> john goodwin of the metropolitan transportation commission blames it on the commuters slowing down to look at the old span whisk demolished. >> if the demolition work on the adjacent bridge nas a commanding visual presence. >> the economy has improved and there are more jobs in the city and more people are driving in. there are about 1500 more cars during a 24-hour period. but goodwin says that number is not high enough to have an effect on the commute. we asked for a second opinion and drove a

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >> jimmy: a lot going on here. >> jimmy: our next guest is a very funny comedian and person his new show is called "comedy underground with dave attell" watch it saturday nights at one am on comedy central. please say hello to dave attell. >> jimmy, how are you? >> jimmy: doing well. >> dude, thank you for having me on the show. haven't been here in years i think. >> jimmy: very good to see you. last i saw you at a comedy club in san francisco. i was literally crying i was laughing so hard. >> thank you. >> jimmy: you have a new show. >> i want to stop you. haven't seen you in a while. you look good. a little something going on here. what's happening? >> i decided not to shave this week. >> a vacation beard, looks like pina colada, boogie board. >> jimmy: on vacation, decided not to shave. women are going crazy for it. >> they do. >> jimmy: well you know. you get it. >> ladies. don't tease him. that is not a beard. that

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. you. 4 murder in san francisco so far this year. that's it. it's not happening everywhere in oakland, 29 murder so far. san jose 13 homicides since january. vick lee with some reasons for this precip. tuesday drop in the murder rat rate. >> looking at brazen gang video showing a mask man waving a semi-automatic handgun. so far this year san francisco police seized more than 100 guns. many of them assault rifles from the streets. deputy chief hector. >> we have done a good job recovering and using video technology. social media. again the community coming forward. >> police say that's one of the reasons why the city homicide rate plummeted since january there have been 4 murders. xir that to last year at this time when there were 11. in 2012, 20 people killed in the first 4 months of the year. former gang leader richards found brothers against gens gun he notices different attitude among the young people he counsel. >> a

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. streets tonight for those oe oking for a quic . >>> well, this next story is a real bay area original. a new concept is rolling in the streets tonight for those on the go, looking for something. only on 5, kpix-5's brian webb shows us the hookup truck. >> reporter: the hook up truck may be coming to a street near you. like a no-tell motel on wheels. it offers consenting couples a movingly intimate experience for $75 for a half hour. it includes a bench, strap, mirror and camera capability. it is all the erotic dream come true. the truck will be legal, clean, and fill the needs of adventurous adults. >> this is not hurting anyone, if anything, it keeps people safe. >> reporter: can it be legal? >> well, it seems that it is legal. >> reporter: this lawyer says a rolling sex mobile could come with a warning label of legal issues from health and public nuisance concerns to fears of prostitution, not to mention the insurance

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breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. ♪ [ cheers and applause ] >> jimmy: my thanks to andrew garfield, mary lynn rajskub. chvrches once again. and the roots ladies and gentlemen over there. stay tuned for "late night with seth meyers." thanks for watching, have a a great night. hope to see you tomorrow. bye-bye, everybody. [ cheers and applause ] ♪ [ cheers and applause ] ♪ >> announcer: from 30 rockefeller plaza in new york it's "late night with seth meyers." tonight -- kiefer sutherland, rose byrne,

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. 10 piece meal, and the kicker - free lemon cake. got this [sigh] tonight i am not mom. i am paula. so dad, what does that make you? dad. ♪ >>> covering walnut creek, burlingame, campbell and all the bay area this is abc7 news. >> good friday morning. bring back the girls, gaining global traction among nigerians after pore than 200 girls were kidnapped two weeks ago. thousands took to the streets in nigeria to demand the government do more to bring back the teen girls home. they were kidnapped from the school dom by islamic extremists. some reports claim they were sold into slavery or as wives. a nigerian born local man is working from san jose and wants congressman to spread word through washington, dc, that the united states must get involved. >> we demand an immediate answer. we want an intervention. >> there are 30,000 nigerians in the bay area and members of the nigerian association are planning a profit tomorrow.

and justice breyer is exactly right, at the very best the government has shown tightly -- a quick thing on the password, pages 12 to 14 of our reply brief we outline how highly unusual at a factual matter it would be for a smartphone to be seized while it's still unlocked and for an officer not to be able to address concern at the scene it might lock later and it's also worth noting in a footnote the government is arguing arguing in lower cowers that even if it does log the fifth amendment does nose give the person the opportunity to refuse to divulge the password. justice kennedy suggested the possible of distinguishing between serious and nonserious offenses. with all due respect this court's decisions in robinson and atwater preclude that kind of determination for all the reasons the government argued in those cases. finely, justice scalia, you mentioned a couple of times the gant principle. evidence that you think you might find on the phone. there's two profound problems with that. the first is, as the court recognized in kilo you need to be sure to protect the privacy people at th

i'm a grown-up. [ female announcer ] new breyers gelato indulgences. creamy gelato, rich caramel, topped with crunchy curls -- it's way beyond ice cream. >>> also more than a year after a jury had found ryan witmer guilty of murder only to have the verdict thrown out it would start all over again. this time a new defense team would take over ryan's case. defense lawyers jake clarke and lindsay go lindsay gutierrez worryrd the verdict from the first trial to rang over the accused. >> still innocent until proven guilting when everyone knows he was proven guilty. >> across the room, the prosecution was the same. they would hammer in the fact a 24-year-old woman just does not die alone in the basketbathroom >> did you see any other evidence that sarah died by a drowning? >> no. >> the bathroom where her husband lifted her soaking body out of the tub, it was also not wet. >> towels, a rug, magazines, they all appeared to be dry. >> and the jury would again hear the 911 call that to prosecution ears sounded odd. >> i was downstairs, came up here and she was

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. i. >> san francisco bay is being used to test one of a kind wind sail that could end up powering ferry boats. the idea is to reduce fuel use and air pollution. 7 news reporter went out for a demonstration ride. l. >> 40 foot sail made of carbon fiber making it light. the design is slink to help propel any vessel. now picture it attached to a ferry boat carrying dozens of commuters. the boat would use both wind and diesel a hybrid. >> the wing technology allows us to take some of the pro nawltion would frlly be provided by diesel engine off line and reduce about 40 percent of the green house gases emission that come from diesel. >> bay area air quality management district and the california air resource board along with some private groups are funding the 350,000 dollars testing phase taking place on this catamaran. we took it outside for a spin. wing sail powered by the sun. has 14 by 14 inch solar cell. the sensors on

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >>> this is a big day to salmon lovers, the fish season is underway on the coast. early reports say the stocks are plentiful and the fishing is good the fresh salmon should be in the stores in a few days. the buzz is not all good. the drought is making it tough for young salmon to get to the ocean to feed so it could be the last good season for several years. >>> pharrell williams has reached new height with "happy," but he wasn't the original artist picked to sing the song. ♪ because i'm happy ♪ hop along >> if a recent interview someone else was asked to sing it, and the song was handed off and pharrell says the other artist does not hold a grudge. >> a taste of curtis mayfield if that song. >> now the popular princess of disney, the biggest money makers in the magic kingdom. >> five is ariel "the little mermaid." and "ana" from frozen and "snow white" and then "cinderella." and most popular is --. ♪ let it go.

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breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. ♪ [ cheers and applause ] >> jimmy: welcome back. we're hanging out with the one and only kevin spacey right here, ladies and gentlemen. he has a new documentary out. the new documentary, it's in theaters. it's also on demand, if you go to nowthefilm.com -- >> or kevin spacey.com. >> jimmy: there's kevinspacey.com? >> yeah. >> jimmy: oh really? >> it leads you to the same place. >> jimmy: oh really? >> yeah. >> jimmy: and it's a a documentary about -- >> we did this production of "richard iii" that sam mendes, who people may remember directing -- made a film called "american beauty." [ cheers and applause ] cheap applause, thank you. he's a great stage director. and we did this production that was half american actress, half british actress doing classic work. and we toured the world across three continents, 12 cities, over ten months. and i did over 200 performances as richard iii. >> jimmy: oh my god. >> so it's a w

this goes back to what justice breyer suggested. part of what we are trying to do here is to maintain a multi-religious society in a peaceful and harmonious way. and every time the court gets involved in things like this, it seems to make the problem worse rather than better. what do you think? >> well, i don't think that's true. there are people who distort your decisions. there are people who misunderstand your decisions honestly and -- and innocently. but keeping government neutral as between religions has not been a controversial proposition in this court. and i don't think the fourth circuit has made it worse. they've got a workable rule and the prayers are no longer exclusively christian prayers in the fourth circuit and they have been able to mostly enforce that and there hasn't been litigation at the margins because all the prayers were clearly >> suppose you did this. you combined your two approaches. the town has to -- it cannot -- it must make a good faith effort to appeal to other religions who are in that area. and then

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. instructor who knows his way around numbers is today coug to a different beat. one that promotes fitness among seni citizens. award winn >>> he is a retired accounting instructor who knows his way around numbers and today he is counting to a different beat one that promotes fitness among senior sittens. kate kelly on this week's jefferson award recipient. >> 5,,, 8. >> reporter: you don't have to be good with numbers to follow along in russell breslauer's class but it helps to count along. for eight years, russell has taught line dancing classes and you couldn't find more appreciative students than at the golden gate park senior center in san francisco. >> i enjoy dancing in his class. fantastic. i tell everybody about it. ♪[ music ] >> reporter: from mambo to other dances, his enthusiasm for dance is infectious. >> i enjoy seeing people learn things. i always have. ♪[ music ] >> reporter: for 30 years, russell taught accounting at chabo

and it looks like justice breyer said there are four votes to thak one of these cases to say whether this violates women's rights. >> this is something actually accelerating after the 2010 election. we saw this marked jump in the number of -- you can see it on the chart there, that it goes along and really leaps after 2010. if we were to see, let's say the senate, go republican, you know, i assume we can anticipate sort of on a national scale maybe more of it. there have been a lot of house bills going to the senate. >> the senate is a firewall right now. the presidency is also a firewall. but if the presidency changes hands in 2016, if this fall we see the senate fall into the house, fall into the hands of republicans, we're likely to see these restrictions on a national level, starting with the 20-week ban and going to anything else they can get away with it. >> thank you so much. appreciate it. >> thank you, joy. >>> coming up next, the story we should not lose sight of. the search for those kidnapped nigerian school girls, and how the u.s. is stepping up its role. all stations co

>> well, justice breyer did indicate there are four votes to take this, but again, they did not stop the texas law from going into effect, they did not think that would sufficiently be a burden on women, although some of that was procedural. you have a split in the circuit right now, the fifth circuit has held the laws, the seventh has said they are an undue burden on women. >> that's why it is on the knife's edge, to your point about, taking that all the way up, but it's going both ways. irin carmon, thanks for your reporting on this. >> thank you, ari. >>> coming up, in the wake of the nba's actions on donald sterling, new calls for the nfl to change the name of washington's team. one of the senators leading that charge joins us. that's next. . scott: seems there's a wee bit of confusion out there when it comes to grass seed. "what if i forget to water it, scott? will it still grow?" roll the clip, jimmy. scotts wraps each seed in a brilliant coating that feeds, protects, and holds in moisture. so growing thicker, healthier grass is easier - even if you miss a day of watering. now

joining me is max breyer. thank you for joining us. the s&p and the dow once again at record highs. they continue to be in this negative track. why do you think that is? >> most likely was a function of the macro risk landscape is falling by the wayside. you have the situation in russia that has become an afterthought. stockrrative of gross selling off has gone by the wayside, earnings has replaced that narrative. investors have returned to the fundamental thesis. we do not have a lot of things to care about. it is declined across every asset class. secular decline. >> how about volatility on the nasdaq? we saw a big selloff in tech stock momentum names at the end of april. yesterday, a lot of the names came back and rally. >> the market still sees risk of the narrative returning. they exhibit the higher beta that we are used to. there is some underlying -- in that space. it looks high, relative to s&p. >> we are watching shares and green mountain. there is news out today that coke is doubling down on koran -- keurig. >> there is heavy volume as you would expect in keurig green moun

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breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >>> from nbc bay area this is "today in the bay." >>> good morning and what a beautiful way to start the day. a little bit of cloud cover and cooler temperatures, but isn't that nice to hear after those blistering days we had last week. thanks so much for joining us. i'm kris sanchez along with meteorologist rob mayeda. i have to say i was really whiney the last couple days. >> a lot of us were. >> hot. >> not just at your household. temperatures well into the 90s the last couple days. yesterday started to see the

notion that mccutcheon will enhance disclosure was, i think, blown out of the water by justice stephen breyer very compelling dissent. .. >> and the need to clarify those regulations. fourth the senate should pass a rule with is an ethics code to make it a violation for senators are senior staffers to solicit contributions from committees. it is allowed out there with the broader reform of the campaign finance system there will be of'' of the constitutional amendment. we have a lot of heavy lifting to do the knicks can do well bring about more reform but i fear things would get worse before that. thank you. >> mr. chairman thank you for the opportunity to testify today. i appreciate the opportunity to be here to talk about these important issues. you have said he would like the focus to be of the of metuchen case with lack of disclosure but i would make two brief points today about mccain-feingold. first, i was pleased to see the doors and a by my colleagues on the panel with their written testimony today of the mccain-feingold gold to prohibit six and seven figure contributions to national p

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breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >>> good morning to our viewers in the west. it is friday, may 2, 2014. welcome back to "cbs this morning." more real news ahead including clarissa ward and her news crew detained in ukraine. first here is a look at today's "eye opener" at 8:00. >>> we were sort of shouted at and berated. we had to stand against the wall while they confiscated all of our belongings. >>> a cbs news team has been freed in eastern ukraine. clarissa ward and her crew were detained this morning. >>> new developments in the donald sterling drama. the owner reportedly has cancer. >> nobody deserves to go through something like that. >>> a teen is in custody after police said he plotted to kill his family and carry out a school massacre. >>> after nearly half a foot of rain the flooding has gotten bet better. a the lot of the roads are still closed. >>> four years after the gulf oil spill bp claims businesses not harmed are collecting millions

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. e know when parents and teachers work together... woman: our schools get stronger. man: as superintendent and teachers work together... of public education, that's been tom torlakson's approach. woman: torlakson has supported legislation to guarantee spending decisions about our education tax dollars are made by parents, teachers and the local community... and not by sacramento politicians. and we need to keep that legislation on track. man: so tell tom torlakson to keep fighting for local control of school funding decisions. ♪ >>> good morning, america. it's 8:00 a.m. and miley cyrus, derailed. the superstar putting the party on hold. the latest on her health setback this morning. >>> and superstar on a secret mission. why "spider-man's" emma stone is paying it forward. >>> all that, plus, deals, more than 80% off on the hottest spring bling, as we say -- >> good morning, america. >> love that thursday morning video.

and justice breyer is exactly right, at the very best the government has shown tightly -- a quick thing on the password, pages 12 to 14 of our reply brief we outline how highly unusual at a factual matter it would be for a smartphone to be seized while it's still unlocked and for an officer not to be able to address concern at the scene it might lock later and it's also worth noting in a footnote the government is arguing arguing in lower cowers that even if it does log the fifth amendment does nose give the person the opportunity to refuse to divulge the password. justice kennedy suggested the possible of distinguishing between serious and nonserious offenses. with all due respect this court's decisions in robinson and atwater preclude that kind of determination for all the reasons the government argued in those cases. finely, justice scalia, you mentioned a couple of times the gant principle. evidence that you think you might find on the phone. there's two profound problems with that. the first is, as the court recognized in kilo you need to be sure to protect the privacy people at th

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >>> 7:45. at least 38 people have died in the powerful storms that triggered tornados and devastating flooding to the midwest and southeast. the torriential rain is also blamed for a landslide in baltimore that caused a street to collapse sending at least ten cars down an embankment and on a train track. take a look. homes in the area have been evacuated. crews check foundations and gas lines for damage. more than 3 inches of rain has fallen in baltimore since tuesday afternoon. >>> in alabama the rising waters forced some people to rush to their rooftops to wait to be rescued. roads were also washed away leaving drivers stranded and their cars. almost two feet of rain fell in 24 hours in some southern states and there may not be a break in the weather any time soon. 6 more inches of rain could fall by friday. >> water was coming in through our garage and the back doors and flowing in out through this door. >> the natio

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. >>> "today's" "love your selfie" is brought to you by dove. dove wants every woman's encounter with a mirror to be a positive affirmation of her beauty. >> we're back with more of our ongoing series "love your selfie" reclaiming beauty. this morning loving the skin you're in. 82% of american women feel like they need to lose weight. so how do we stop obsessing about that number on the scale and start embracing the curves? a few months ago, we taught bella how to take a selfie and we brought her back to meet this fashion expert, gok wan, for the next stop in her campaign. take a look. >> things that i like about my body are my bos and my leg. >> i stand six feet tall and i always love to show them off. >> one thing i would love to work on is this back fat. >> my stomach. >> my soft tummy. >> we all have parts of our body that we don't love. but for 44-year-old bella, she's more self-conscious than she is self-confident.

and frankly the notion that mccutcheon will enhance disclosure was blown out of the water by justice breyer's compelling dissent. and what we have already seen happening within a day after mccutcheon being passed, high-priced lawyers, some of whom are in this room, working feverishly to make sure these contributions get channeled through multiple committees in different ways so we will not have any effective disclosure. let me end with a few recommendations for the committee or for what congress could do. first, congress should make every effort to pass the disclose act. let's get some reasonable disclosure. second, the senate should hold public hearings and this committee on the dysfunctional federal election commission and look to reform it to make it a reasonably functional body that acts to enforce the law, not for thwart it.not third, for every hearing that we see on the purported scandal at the irs scandal which is trying to apply the law that says organizations called 501(c) four's should be social welfare organizations, we should have a hearing on the real meaning of social welfare or

if you have a supreme court question, this constitution of the united states is signed by justice breyer and it goes to the first one who come through with the question concerning the supreme court. new hampshire, good morning. caller: my question is -- what does the rule of four have to do with the supreme court and how cases are heard? guest: i think we have a winner. the rule of four is often known as granting a writ. in order for the supreme court to hear case, it takes at least four justices to agree to hear that case. it is also known as the rule of four. host: congratulations, you will win a copy of this constitution. we will get your information off the phone so hold on the line and they will take your information we will make sure this gets sent to you, congratulations. here is natalie from twitter -- guest: we love the iron triangle questions because students lose sleep over this. this is the simple fact -- on the test, the iron triangle will ask you what are the three points? let's make sure we know the three points. congressional committees, and interest group, and the federa

and then if i could turn just very quickly, justice breyer, to your suggestion that the district court could could control discovery. that's exactly what the court rejected in twombly, exactly what the court rejected in iqbal. as a practical matter, once that door is open, the agents lose the security and peace of mind that they need and they're subjected to the very burdens they shouldn't be subjected to. and then if i could just close with a quick point on the iqbal. we don't think under the allegations here, as the chief justice pointed to the key passage in iqbal, that these allegations are any more than consistent with the obvious alternative explanation. i've addressed the pro-bush protesters. the diners are very differently situated for a security perspective because they had no anticipation of seeing the president, and the secret service could screen additional folks coming in. it's very different from a crowd outside an alleyway. the advance manual that the other side points to supports us, not them. what it said is -- >> you can finish your sentence. >> what it says, your hon

physical security of the president occupies a special place in our constitutional structure, as justice breyer put it in his rubin dissent, and that the secret service has a special role to play. >> would you say that under your view of the case, that there is a first amendment interest that protesters have, but that it is virtually unenforceable in the context of crowd control? >> no, your honor, we would not say that. we think there are -- >> because it seems to me that if this complaint doesn't survive, nothing will. >> so, your honor, i'd like to address that in a couple of different ways. first of all, there's a very big difference between whether there's a bivens action stated and whether there are other ways to enforce constitutional rights. so it is possible and there have been suits that have sought injunctive and declaratory relief before things like inaugurations, political conventions, even just regular presidential visits. those would be unaffected. second, there are there are situations in which plaintiffs, and there are pending challenges now, have challenged secret service poli

breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. female narrator: for over 60,000 california female narrator: for over 60,000 california foster children a pair of shoes is a small but important gift. my shoes have a hole in them. i can barely fit in these anymore. i hope no one would notice. they hurt my feet. i never had new shoes before. to help, sleep train is collecting new shoes of all sizes. bring your gift to any sleep train, and they'll be given to a local foster child in need. not everyone can be a foster parent... but anyone can help a foster child. >>> 7:53, we want to update you on the breaking news we've been following for the past hour. a 3-alarm fire is burning in san francisco. it's damaged three homes and two people have been hurt. the m muni rail line is affected. muni has set up buses in its place. you can see it looks rather foggy there, but smoke as well. san francisco's fire chief is at the scene. she says firefighters are dealing with all that s

if you have a supreme court question, this constitution of the united states is signed by justice breyer and it goes to the first one who come through with the question concerning the supreme court. new hampshire, good morning. caller: my question is-