when he chose elena kagan, president obama was looking for a liberal leading justice to replace john paul stephens. >> case after case these justices sometimes disappoint the president who puts them up there. >> reporter: this term will be marked by two first amendment cases. one concerns a california law, banning the sale of violent video games to children. the other involves deciding if antigay protests, outside of a funeral, are considered free speech. joel brown, cbs news, washington. >> if justice elena kagan is absent from a case and the justices split -4 the most recent lower court decision will stand. >>> the family of a northern virginia woman observed a sad time over the weekend because sunday marked the 800th day since the death of vanessa pham. it is an important day in buddhism and other cultures. they come to her gravesite every day. >> i think she rests in peace now, but we are not in peace. >> every time i think about her. i don't know why people would do that to her. she's my baby. >> reporter: pham was last seen in surveillance video leaving a shopping center and wa

when elena kagan is on the bench, she'll be making history. for the first time there will be three female justices on the supreme court. first amendment cases top the docket this term. wednesday elena kagan and the other justices are expected to look at one case involving antigay protests at military funerals and a california law that bans the sale of violent video games to children. while elena kagan isn't expected to change the balance of the court, some believe she could change the dynamic. >> we can see her starting to build coalitions and bring conservative justices, especially the key swing vote, the than the middle justice kennedy. >> reporter: the court will likely add another 20 to 30 cases to the workload before the term wraps up in june. cbs news, washington. >>> and more on one of the cases the court will hear, members of the controversy west borough baptist church are expected to hold a protest outside of arlington national cemetery today. the kansas-based congregation routinely protests soldiers ' funerals believing their deaths

to the extent they persuade each other, it's not through charm so elena kagan's famous ability to bring the harvard law school faculty together, no small thing, may not translate directly to this kind of thing where to the extent you're going to forge alliances it's not on the force of your personality it's the ability to say things that might attract someone else's vote. >> charlie: you know elena kagan well. >> i do. >> charlie: what should you expect of him? >> i think you should expect that her views will reflect the who appointed her. i think she's a conventional democrat. she is someone who was very proud to be the solicitor general in this administration. was proud to work in bill clinton's white house. i think -- you know, she will be pro-choice. she will be pro-affirmative action -- i say this assuming, because i have never had a discussion with her about it -- i think she will be -- she will believe that the government has the constitutional ability to try to solve problems, but she will also, i think, push back against individual rights claims against the government. i wouldn

elena kagan. >> the supreme court starts on monday. >> the wild card is the newest supreme court justice, elena kagan. we don't know how she will rule. >> elena kagan will be reused and that means she can't participate in cases in which she was involved when she served in the obama justice department. it's pretty common sense rule. she has already been a lawyer in the case and an advocate for one side so she shouldn't be allowed to witch hats and sit in judgment. >> reporter: the high court's first big case comes on monday. the focus will be on the westboro baptist church of kansas. >> what they're doing is disrupting one of the most solemn and sacred rituals in the united states. funeral service sees -- services for a fallen soldier. >> my thinking is that the supreme court will say there has to be some reasonable time, manner and place restricts on funerals. >> reporter: legal buffs will be keeping a close eye on kagan to see how her past influences her first term. after 1 years with the same li

the debut of its newest justice, elena kagan. we'll run down the cases in store for the nation's highest court. >>> a massive tanker causing big problems for coalition forces in pakistan. we'll check more headlines when fox 5 morning news returns.  >>> making headlines, three people are dead following a massive tanker fire in pakistan. militants set fire to at least 0 tankers carrying fuel for nato and american troops outside of islamabad. that move is likely in retaliation for the death of three pakistanis killed during a nato air strike. a taliban spokesperson says the attacks will continue until the supplies are completely stopped. >>> former white house chief of staff rahm emmanuel is now speaking out about his run for chicago mayor. he releaseed a statement talking about the hot button issues. emmanuel announced friday that he was leaving the obama administration. >>> and the supreme court begins a new term today. for the first time in history, there will be three women serving on the high court. but elena kagan will hav

newly appointed justice elena kagan takes her seat on the bench, making the high court one-third female for the first time in history. nbc's frances coe has our report. >> reporter: the u.s. supreme court traditionally starts its new term on the first monday in october. but there is nothing typical about the court this time around. >> so help me god. >> congratulations. >> reporter: elena kagan, hand-picked by president obama, is its newest member. kagan becomes the third woman on the court, the fourth in its history, but she'll likely sit out about a third of the cases to avoid any conflict stemming from her former stint at the justice department. >> with only eight members of the court deciding these cases, there's the chance of a tie. if that happens, the supreme court is not actually going to be able to decide the issue and will have to come back again in another case, probably in another year. >> reporter: kagan and the other eight justices will have a full case load when the session begins. one of the biggest, whether protests at military funerals are protected under freedom of sp

the nation's newest justice, elena kagan, will take her seat, alongside two other women in what is now the most diverse bench in history. mike viqueira is live. what do you expect come tomorrow? >> reporter: well, this is the first monday in october and that's when the supreme court convenes for a new session. you're right. elena will be joining two other females on the court. they're out of the box with some very controversial cases that are going to have far-reaching implications. first of all, there's this issue, alex, many see it to be very distasteful, the anti-gay protests at military funerals. it's now reached the supreme court. they're going to hear the kiss on wednesday and it promises to be very controversial with the very basic first amendment rights at stake. there's also a law in california banning the sale of violent video games to children, another first amendment question that's going to be taken up fwi court. >>> there's also going to be a case out of arizona about where else hiring illegal immigrants and penalizing for hiring illegal immigrants. this is going to pit t

all eyes will be on new member justice elena kagan but because she was president obama's solicitor general she will refuse herself from cases. those cases include support for religious schools, illegal immigration, violent video games and the role of d.n.a. evidence. almost half the cases devoted to business with implications for contractors and telecommunications companies. joining me is jeffrey toobin, senior legal analyst with cnn, also a staff writer for "the new yorker" magazine, from washington adam liptak, supreme court correspondent for "the new york times," writing a series of articles about the supreme court in "the new york times." i am delighted to have them this evening. what happens between the end of one term and the beginning of another term, called the first monday? >> they take it easy. the supreme court, in addition to being a great job, is kind of a cushy job. they do about 70 or 80 cases a year. do the math. 70 cases divided by nine justices divided by four law clerks apiece, it's really, compared to many other judges in the country, not all that demanding in terms of

the newest justice, elena kagan, will be sitting out a lot of canadians this term. before a report. >> reporter: the supreme court's new term starts monday and runs through june. it will give us the first look at how the newest justice will interpret the law. but she will have to sit out on >> the wild card is the newest supreme court justice, elena kagan. we don't mow how she will rule. >> elena kagan is going to be recused and that means she can't participate in cases in which she was involved when she served in the obama justice department. it's pretty common sense rule in that, if she has been a lawyer in the case, an advocate for one side, she shouldn't be allowed to switch hats an sit in judgment. >> the first big case comes on wednesday. the spotlight will be on fred phelps and the westboro baptist church. >> they are disrutting one most solemn and sacred rituals in the united states, funeral services for a fallen soldier. i think that may make this case a little different than the ordinary political peach case. >> my thinking that the supreme court in its wi

. >>> meanwhile, on justice elena kagan's first day, she sat out of the second case. she has disqualified herself from it and about two dozen others to avoid any conflicts with her recent work as u.s. solicitor general. >> now here's a look at other stories making news early today in america. >>> a georgia teen is dead after the driver of a school bus lost control and overturned, pinning the teen under the bus. several of the 11 other students on the bus were injured, but were said to be in good or fair condition. authorities say the 59-year-old driver was a trainee. no word yet on possible charges. >>> traffic remains closed in the houston ship channel after a tugboat and its three barges hit a 300-foot-tall high voltage transmission line. electrical tower, which was turned off at the time of the accident, is now leaning over, threatening to crash into the channel. no one was hurt, but shipping delays could mean losses of up to $1 billion. >>> in california, the mummies of the world are on display as what's being billed as the world's largest mummy exhibit ever. visi

newly appointed justice elena kagan takes her seat on the bench making the high court one-third female for the first time in history. nbc's frances kuo as our report. >> reporter: the u.s. supreme court traditionally starts its term on the first monday in october but there's nothing typical about the court this time around. >> so help me god. >> congratulations. >> reporter: elena kagan hand-picked by president obama is its newest member. kagan becomes the third woman on this court, the fourth in its history. but she'll likely sit out about a third of the cases to avoid any conflicts stemming from her former stint at the justice department. >> with only eight members of the court deciding these cases there is a chance of a tie. if that happens, the supreme court's not going to be able to decide it and will have to come back in probably another year. >> reporter: kagan and the eight other also have a full caseload when the session begins. one of the biggest whether protests at military funerals are protected under freedom of speech. protesters claim war deaths are god's way of punishing

justice elena kagan will join the high court after being confirmed back in august. she replaces john paul steevepes, who retired. free speech cases top the high court's agenda. justices will look at provocative anti-gay protests at military funerals, a california law banning the sale of violent video games to children, and a number of other cases. one of the issues going before the supreme court this term will concern the military funeral protest. you may recall the outrage as it followed the 2006 funeral of lance corporal matthew snyder, who was killed in roque. his funeral in westminster was interrupted by a group from the westborough baptist church, who claim all u.s. war deaths are god's punishment for the military's tolerance of gay service members. and that brings us to our water cooler question of the day. which case would you like the u.s. supreme court to resolve this term? email your response to watercooler@wbaltv.com. switching gears now, while brute strength is important when you're dragging a humvee, mat reason corps is invest nag program to strengthen

>> well, elena kagan takes her seat alongside sonia sotomayor and ruth bad er ginsburg. the first monday in object. a lot of controversial cases that the supreme court will hear in this term. number one, a group out of kansas that group church that protest at military final rals, the anti-gay protests. most people consider them very distasteful to say the least. this case has gone to the supreme court as a first amendment case brought by a father of a marine up in baltimore where this group protested outside his son's funeral. man very upset. awarded $11 million and also a case from illegal immigration, from where else, arizona, where state law supercedes federal law according to a complaint filed by the federal government. it's in regard to businesses hiring illegal immigrants and penalties on businesses that do that, so, a full docket for the supreme court coming up. one mob for elena kagan and those who are going to watch her to try to discern which way she's going to lean. she took the place of john paul stevens, the far left voice, if you will, the ideological left

rounding on up out the list, new associate skrou justice elena kagan. speaking of lady gaga, she and teen heart throb justin bieber are both approaching a landmark in the industry, 1 million youtube views. >>> finally, rihanna told bbc radio about her new album saying, quote, i didn't want the generic pop record that kiesha or lady gaga or katy perry would do. what do you think about the eligible women? >> jennifer is an obvious one. but you had some random ones in there at the end. >> why is that random, bill? >> i'm surprised that someone would say that they would -- >> i don't know what you're talking about. i'm lynn berry and this is "first look" on msnbc. stay tuned. >>> monday nigh raw in connecticut as candidates rich add blum enthrall and meet. >>> meanwhile, it's never a good day in a political campaign when you have to put an an ad declaring you're not a watch. what proof did christina o'donnell offer that she's not a sorcer sorcerer? >>> and the dreamy tom brady made the trip south. the defense's special teams joet outscored the dolphins all

elena kagan was sworn in. one of the big issueshe court will consider is whether military funeral protesters are protected by first amendment. >>> well, redskins is going to be the talk of the town as you head out this morning. redskins fans in hog heaven after eeking out a win over the eagles. donovan mcnabb returned to philly for the first time since being traded in the off-season. derrick, eeking out a victo is certainly the way to describe it. that was close. >> reporter: eek is what a lot of people said in the last play of the end zone. it may be hold and windy out here but there is a warm flow in the heart of redskins fan this morning. after that victory. it's a 12-17 win. close but it was against division rival. and of course it marked the rern of donan mcnabb to philadelphia. and as unsure as a lot of fans were about the performance of the redskins, they were unsure how the fans would react. a lot of people were surprised by that reaction. >> i think it was pretty good. so it was fun. >> were you surpr

and it has been six months since elena kagan was confirmed and new time to work. stay tuned. >>shepard: studio b and time for the top of the news. the united states supreme court back in session today. justice elena kagan taking the bench for the first time as the court is ready to hear congressional case, rather, a controversial case on free speech. at the center is the westboro baptish church with members picketing funerals of fallen american soldiers. they carry signs filled with hate and yell at greening families and the message is god kills u.s. troops because the united states tolerates homosexuals. when the group protests at the funeral of a marine lance corporal his father sued and when but an appeals court overturned it and it is now up to the supreme court to decide if the protests are protected under the constitution. and judge napolitano is here live. this is disgusting, horrible, and they should have in friends, people should never speak to them. it should be a horrible life for these people who are doing such bad things to folks who come back, dead, in service o

elena kagan joins today after being confirmed earlier this year. francis has a preview of some of the cases the justices will be looking at this term. >> reporter: u.s. supreme court traditionally starts its new term on the first monday in october. there's nothing typical about the court this time around. >> so help me god. >> congratulations. >> reporter: elaine kagan is its newest member. kagan becomes the third woman on the court, the fourth in its history. but she will likely sit out about a third of the cases. to avoid any conflict stemming from her former stint at the justice department. >> there's a chae of a tie. if that happens, the supreme court is not going to be able to decide the issue and will have to come back in another ce in another year. kagan and the other eight justices will have a full caseload had the session begins. one of the biggest, whether protests at military funerals are protected under freedom of speech. protesters claim it is god's way of punishing the military's tolerance of gays. >> god is punishing these soldiers,

. >> reporter: for the second year in a row they have a new lineup with elena kagan bring to three the number of women on the bench. some of the most prem nant cases of this term test the limits of free speech. one of the biggest involves protesters that claim u.s. deaths are punishments from god. when they brought that message to the death of matthew snyder they carried signs that read, quote, thank god for dead soldiers. >> how could anybody to this to another human being? they're animals is what they are. >> reporter: matthew's father said it permanently tarnished his member of the funeral. >> we had to have a s.w.a.t. team, fire engines, a command central set up in a winnebago. they turned it into a circus. >> reporter: he sued the ro test organizers. a federal court declared it constitutionally protected speech. phelps and his family say they'll continue picketing. >> god is punishing these soldiers and their parents really. the parents ought to be very thankful for me to tell them this. >> reporter: california urges the court to rule that it can block minors from buying violent v

however, elena kagan won't be taking part in many of the cases on this docket. she has already recaused herself from 25 out of 51 cases because of her past job as solicitor general. a suit over immigration law in arizona. while she isn't expected to change the balance of the court some believe she could change the dynamic. >> we can see her building coalitions and bring over conservative justices, especially that key swing vote, the man in the middle, justice kennedy. >> reporter: this marks the first time there are three female justices on the supreme court. the court will likely add another 20 to 30 cases to the current workload of 58 before the term wraps up next june. >>> one of the cases they will hear on wednesday concerns the west borough baptist church. the father of a maryland marine matthew snyder is suing the church over what he calls the exploitation of his son's funeral. members of this kansas congregation have been saying that u.s. combat deaths are a as a result of the country's tolerance of homosexuality. the burial of lieutenant looney. yesterda

that of course is justice elena kagan. the first big cases of the docket address, use of freedom ofpeech th include a case from maryland involving anti-gay protests at military funerals. the court will hear that case on wednesday. another case whether children should be banned from buying violent video ge. also on the docket, whether businesses should be penalized for hiring illegal immigrants. >> reporter: among the cases before the court this term, this protest at marine matthew snyder'suneral. protest organizers claim the deaths are a result of the military tolerance of gays. >> god is punishing these soldiers. punishing their parents, really. the parents ought to be really thankful for me to tell them this. >> reporter: hisather sued staying circus like atmosere ruined the service and shouldn't be considered free speech. >> not a funeral. that's what everybody seem to be forgetting about thishole thing. it is a funeral for d's sake. >> reporter: another issue parents will be watching closely, violent video games. and a

. >>> the supreme court begins a new term today with a new justice, elena kagan. several important free speebj appeals are on the docket because but she is a former solicitor general she's been forced to remove herself from two dozen cases. >> reporter: good morning, betty. kagan will be in court but not for long expected to quietly slip out before the court begins hearing arguments later this theÑi nation's newestÑi supreme court justice won't be sitting on the bench for much of her first day. because of her past week as solicitor general, justice kagan will have to step down from a number of cases she was involved in. >> reporter: justice kagan will hear the first case argued before the court today before stepping out, in all recusing herself from 21 of the 55 cases set out so far, including some of the most high- file cases from illegal immigration to employment discrimination. >> potential al problem. the court, if they are closely divided would slit 4-4 and would vote. >> reporter: in a tie the lower court's decision would be automatically upheld. whenñr k

kagan. >> kate amara joins us live with washington with more on what to expect from justice kagan and what cases are up first. hi, kate. >> hey, good morning, stan. good morning, mindy. some of the more controversial cases on this new docket include immigration reform, free speech, and privacy rights. the new term of the united states supreme court starts today with a new face on the bench, justice elena kagan. at the top of the docket for kagan and her counterparts -- >> you crossed the line! now depod is your enemy! >> a free speech challenge over anti-gay protests at military funerals. albert snyder sued a church for picturing his son's funeral in march 2006. matthew, a marine, was killed in iraq. >> we have to have some respect for the families whose children, whose wives, whose husbands have given their life. >> the court will also hear arguments over a california law banning the sale of violent video games to children. as well as a challenge to an arizona law penalizing companies that

franken doodled and nodded off in elena kagan's supreme court testimony. and he mocked mitch mcconnell who later admonished franken saying, "this isn't 'saturday night live', al." >>> students in suburbs will start selling advertising space with notes they send home with students. our affiliate there reports a school committee in peabody approved a plan to sell ten ads on back of her mission slip and form -- permission slip and forms home to parent to hope to raise $24,000 a year. they will be age-appropriate and the search for money they have already tripled bus fees. that got us thinking. what if school buses sold ad space like nascar. maybe it would keep bus fees down. ♪ ♪ >>> top story at bottom of hour. pete rouse was introduced this morning as the interim white house chief of staff and replaces rahm emanuel who resigned today as you know. emanuel is expected to run for mayor of chicago. and while he has certainly -- he certainly has a head start from publicity standpoint, we report he's not a shoo-in for the job. >> with a sendoff few chief of st

. >>> dijo que nunca hubiera votado a favor de sosotomayor o elena kagan. >>> también adoptó una línea dura contra los indocumentados oponiéndose a la amnistía, y despertó la ira de sandra padilla quien dijo que trabajó para sandoval y lo acusa de tomar el tema. >>> nunca me preguntó nada de mi estado migratorio. >>> sandoval dice no conocerla a la señora padilla. >>> vean bien por quién votan. >>> acusó a reid de utilizar a la señora padilla para ganar terreno en un terreno donde el republicano lleva la delantera. >>> y más adelante un [ locutor ] esta roca nunca se ha detenido. desde nuestros inicios, hemos estado aquí para servir a nuestros clientes, en situaciones buenas y malas, cambiando cuando las necesidades de nuestros clientes cambian, guiándo con ideas nuevas para los retos financieros que nos esperan. esta roca nunca se ha detenido. y hay algo que nunca cambiara. somos, la roca con la que usted puede contar. prudential. ♪ >>>josé díaz balart: el quinto minero en salir recibiendo una fiesta de bienvenida, funcionarios bolivianos dicen que visitará su país l

---"elena kagan", la tercera jueza en la corte y cuarta mujer en ocupar el cargo en la historia, hizo su debut... aunque desde ya tuvo que excusarse de participar en 25 de los 51 casos que el tribunal analizara durante el otoÑo. ---"kagan" no sera tan visible como sus colegas "sonia sotomayor" y "ruth ginsburg", ya que su puesto anterior como "procuradora general de estados unidos" la relaciona con varios de los casos que se analizaran esta temporada, de modo que no puede deliberar en ellos. --el congreso de estados unidos inicio el receso previo a las elecciones intermedias del 2 de noviembre. --pero antes de irse, y de ultimo momento, tanto democratas como republicanos presentaron proyectos de ley en torno a la reforma inmigratoria.juan carlos Ópez a unas cuantas ---a pocas semanas de la eleccion de noviembre, los candidatos a gobernador de california luchan contrarreloj para obtener el mayor numero de votos posible.---"ramon adame" nos habla de lo que hace un grupo de voluntarios que apoya a "meg whitman", y qué dicen las encuestas del candidato democrata "jerry brown"... ra bue

." >>> justice elena kagan was sworn in in august. this is the first time ever there are three women serving on the bench. >>> and call for tiger woods will be in our region with an assembly of ninth graders on capitol hill this week. he and the scholars will have q&a for the students. we will bring you more details when it happens. >>> coming out in theaters this week, the highly anticipated "secretariat," the true story of the triple crown winner. the triumph of a woman in a male-dominated business. and there is a new romantic comedy. just after one day -- this opened, as well, on friday. >>> the capitals are back in action. they will be in atlanta. the home opener is at the verizon center. it will be at 7:00. the redskins are back home next weekend, welcoming the green bay packers for a 1:00 game, and on saturday, san jose earthquakes will be taken on by d.c. united. >>> their rainy day. steve rudin has the answer about whether or not it will carry over. until two years ago, when my dad transferred to istanbul. they settled in quic

lady gaga and elena kagan round out the list. interesting there. jennifer has dated many folks in the past. she's not seriously attached right now. >> she defends herself. she says, you know what, i'm tired of this lonely jen topic. it's not true. she feels like she's exactly where she should be. >> good for her. >> men can still dream to date her. >> yes, indeed. >> we'll be back. he's a dentist so whiten your teeth. no coffee, no espresso. mm-hmm. ♪ [ female announcer ] crest 3d white toothpaste. the remarkable toothpaste that removes up to 80% of surface stains in just two weeks... hi. i'm paul. [ female announcer ] for a noticeably whiter smile in just two weeks crest 3d white toothpaste. also try crest 3d white rinse. ♪ when i got my medicare card, i realized i needed an aarp... medicare supplement nsurance card, too. medicare is one of the great things about turning 65, but it doesn't cover everything. in fact, it only pays up to " 80% of your part b expenses. if you're already on or eligible for medicare, call now to find out how an aarp

justice elena kagan joining the other justices. but the most remarkable thing was how unremarkable the history that was being made was. no one mentioned it. no one paid any attention to it. it was business as usual. a bankruptcy case, a sentencing case. but it may have been ruth bader ginsberg who summed up really what was going on deep down when she said in an interview, when the school children file in and out of the court and they look up and they see three women, then that will seem natural and proper, just how it is. and that's how it was. as for justice kagan, well, she was ready, no question about it. within minutes of the start of this bankruptcy case, she jumped into the fray of oral arguments. she was confident and well-prepared and fluent and pro probing. she asked a question of one of the lawyers that seemed to stump him. she's got her work cut out for her this year. big cases coming down the line. but there's no question that this court with three women, historic. she's ready. terry moran, abc news, the supreme court.

the newest supreme court justice elena kagan takes the bench for the first time. >>> the l.a. times says more than $69 million in california welfare money has been spent or withdrawn outside the state, including millions spent in las vegas casinos and on cruise ships. the report comes from the california department of social services, $11.8 million of the cash benefits were withdrawn in las vegas, far more than any other destination. $387,000 withdrawn in hawaii and $16,000 from cruise ships. >>> a bay area woman is the second highest ranking official on the federal reserve board. she's been the president of the federal reserve bank of san francisco since 2004. yellen will now help decide how much additional aid the fed should provide to energize the u.s. economy. >>> and muni appears to have found a sure fire remedy for reducing the number of sick calls it receives. management is now requiring a doctor's note every time a muni driver calls in six. sick calls have plunged 42% in recent weeks. >>> right now, it's almost 6:18. want to check with sal for problems in the commute.

y ahora nos vamos a washington, la magistrada elena kagan inaugura un nuevo ciclo de la corte suprema de justicia, uno que por sprir v primera vez en la historia, asesinse z sensionan 3 mujerses. >>> tienen experiencia legal. >>>lori: para evitar conflictos wakagan se excusa de 24 casos cuando era la principal litigante del gobierno en la departamento de justicia. entre ellos está la ley en arizona que revoca la licencia de negocios de quienes dar trabajo a los indocumentados. el gobierno argumenta que esta función es federal. al no participar la megmagistraa kagan, hay solamente 8. >>> si hay un empate lo que sucedió en la corte anterior va a quedar igual. no hay un cambio. y en este caso, eso implica que el estado de arizona seguiría penalizando a emplead empleadores y negocios de manera arbitraría. >>>lori: por otro lado otro caso de inmigración pendiente ante la corte tiene que ver con si es constitucional o no a aplicar la ley que primero te a residentes legales que cometieron delitos. kagan quien fues sentada al extremo de sony sotomayor lanzó su primera pregunta. en un c

elena kagan joins ruth bader ginsberg and sonia sotomayor. they are expected to hear more than 50 different cases. they could issue rules on same-sex marriage, immigration, freedom of speech and healthcare reform. on the eve of the new term some justices went to church. five of them attended the annual red mass at saint matthews cathedral. it offers prayers and guidance to judges, attorneys and other members of the legal profession. it is now official. former white house chief of staff rahm emanuel is preparing to run for mayor of chicago. >> as i prepare to run for mayor i will spend the next few weeks visiting neighborhoods at grocery stores, l stops, bowling alleys and hot dog stands. i will call it the tell it like it is tour. >> that is expected to fin today. he must gather 12,000 signatures by the end of november to get his name on the ballot. >> with four weeks until the mid term elections democrats and republicans are trading barbs on the economy. democrats say republicans caused the economic crisis and they say it could have been muc

. >> the supreme court is back in session with their newest member, elena kagan, on the bench. >> the protest organizers say the deaths are a result of the military's tolerance of gays. >> god is punishing these soldiers and punishing their parents, really. the parents want to be thankful for me to tell them this. >> they say the circus-like atmosphere of berlin to the service and it should not be considered free speech. >> it is a funeral. that is what people seem to be forgetting. it is a funeral for daut's sake. >> another issue parents will be watching closely, violent video games and the challenge to the law in california restricting their sale. they say it should be up to parents and not the state. >> they are aware what the game's do. they have a right to make those decisions. >> elena kagan will not set for every case of reducing those she worked on at her previous role. she did that for the first time today leaving eight justices and the possibility of a tie. >> is true she will not be participating in one out of three cases but there will be 50 cases. she will have an immedi

elena kagan up on the supreme court. but maybe half of the cases that the court will decide this year, she has to sit them out. why? >> half the cases the court has granted so far and probably the end of the term about a third of the cases she will not take part in. she will sit them out or recuse because she worked on them as solicitor general in the jus stis department. this is similar to the pattern thurgood marshal followed when he blamed a supreme court justice after being named solicitor general. it shows how many cases the federal government is involved with up here. she'll shut them out. over time this will diminish. those cases will move through the pipeline, and she'll be back to the normal pattern for any other justice. >> >> if anybody thinks the supreme court is boring, they should look at the docket for this term. really high profile cases involving hot button issues. including a that involves a fallen marine. a case brought by his father where a small kansas church protested at this fallen marine's funeral

even before she got started, elena kagan has already recused herself from a number of cases she worked on in the solicitor general's office. that will make it a possible 4-4 tie when the court takes them on. that's a possibility, which means all their work might be for naught. what is it, 25 or so cases she may recuse herself from? >> i think it's 24. it's come up before when solicitor generals have been nominated to the supreme court. there have been others who have been appointed to the supreme court. you know, the skprujustices serr a long time. 24 cases in the scope of a supreme court career is not very long. there are 4-4 ties occasionally in the court because sometimes justices have to recuse thems, sometimes they're sick. it happens, but i doubt it will loom very large in elena kagan's very long tenure in the court. >> it's been a while since i read your book "nine." i can't remember if you touch on this, maybe you do, but senator patri patri patrick leahy asked one of those other justices to step in when one of the justices is recused. it seems fairly simple, but is that a poss

tomorrow the high court welcomes new justice elena kagan and begin tackling high profile cases. here's our kate bolduan. >> reporter: the supreme court currently has more than 50 cases on the docket. the most controversial range from immigration reform to free speech challenges. ♪ america, america >> reporter: one of the first deals with protests at military funerals. there was a lawsuit after a demonstration was staged outside of his too son's funeral in 2006. matthew snyder was killed in iraq. >> it comes down to dignity. no one -- i don't care if you're not military. no one should be buried with what the phelps did to him. >> reporter: this is a case of free speech versus privacy rights. the court will also weigh in on the case of it a texas death reinmate. he says he has a right to request testing to prove it. >> all the district attorney has to do is turn over the evidence and test it and let the chips fall where they may. what's so hard about that? >> reporter: prosecutors argue skinner had his chance to appeal and if he wins it will open the flood gates to frivolous law

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kagan and joining sonia sotomayor and ruth bader ginsburg, a number of controversial cases, a number involving basic first amendment rights. there's the case of protests at military funerals. you've seen this somewhat obscure and distasteful group out of kansas, go around the country to funerals of fallen soldiers from iraq and afghanistan an conduct anti-gay protests, somehow god's punishment for allowing homosexuals and that's led to the deaths of americans on the battlefield. the father of a soldier in baltimore brought this case and the sale of violent video games to minor, a california law involving the first amendment and penalties in arizona. of course, the contention there continually over immigration. penalties against businesses that hire illegal immigrants. that, too, is going to be taken up this fall by the supreme court so a number of provocative and contentious cases to face elena kagan and the other eight justices. >> thanks for the report, mike. >> okay. >>> in california, the two candidates for governor squared off in their second debate. this year the immigration is