whenñr kagan is sitting on the bench she'll be making history. for the first time there will be three female jus⌝á5Ñ on the supreme court. first amendment cases top the docket this term. wednesday, kagan and the other justices are expected to look at one involving anti-gay protests at military funerals. another big case looks at a california law that bans the sale of violent video games to children. while kagan isn't expected to some believe she could change the dynamics. >> we could see her starting to build coligs and try to bring over some of those more conservative justices, especially that key swing voteÑ that, man in the middle, justice kennedy. >> reporter: the court will likely add another çó202030 cas to its workload before the term wraps up in june. >>> many will be watching closely to see how kagan votes in her first term but it could be more difficult in this situation because she has recused herself from nearly half the cases the court will hear this year. betty, back to you. >> all right. thank you. >>> rahm emanuel the forme

so what i'm looking for is to see the difference that justices kagan and sotomayor make. because this is a right wring activist court that hasn't shown a lot of respect for press den or minimalism. so if we see the court now showing aly bit more respect for the precedent and not making such sweeping rules, that will mean that justices kagan and sotomayor are making a difference. >> brown: all right. paul butler, paul clem scompenl marcia coyle, as all, thank you very much. >> woodruff: again, the major developments of the day. there were more warnings of terror threats for travelers in europe, and a u.s. drone plane reportedly killed five germans at a terror training site in pakistan. four nato soldiers were killed in afghanistan. and the nobel prize for medicine went to british researcher robert edwards, for his work developing in vitro fertilization. and to hari sreenivasan in our newsroom for what's on the newshour online. hari? >> sreenivasan: on the rundown, we get more from marcia coyle on the cases and justices to watch during this new supreme court session. and ec

by justice alito followed by justice sotomayor last year and today for the first time we saw justice kagan on the bench. that's a lot of change, mostly not consequential change because the switches tended to be ideologically one for one with the one exception of justice alito for justice o'connor which did shift the court to the right. >> charlie: all about the supreme court. next. >> funding for "charlie rose" was provided by the following. ♪ >> charlie: additional funding provided by these funders. >> and by bloomberg. a provider of multimedia news and information services worldwide. captioning sponsored by rose communications from our studios in new york city, this is charlie rose. >> charlie: the united states supreme court began its new term, today. for the first time in its history, three three women on the bench. 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. almo

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

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 speech. protesters claim war deaths are god's way of punishing the military's tolerance of gays. >> god is punishing their parents, really. these soldiers. >> reporter: this man is one of the several protesters at a military funeral of marine matthew snyder. his father said their presence forever ruined the memory of that day. >> they turned it into a circus. >> reporter: one of the many pivotal decisions facing the new supreme court, still closely d

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

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

kagan joins the court today after being confirmed earlier this year. francis koh has what some of the justices will look at this term. >> reporter: it starts its term the first monday of october. there's nothing typical about the court this time around. >> so help me god. >> ongratulations. >> 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. so avoid any conflict stemming from her former stint at the cows. >> if that happens, the supreme court is not going to be able to decide the issue and will have toome back in another case in another year. >> kagan and the other eight justices will have a full caseload had the session begins. onof the biggest, protests at military funerals, are protected under freedom of speech. >> god is punishing these soldiers, punishing their parents really. >> phelps was one of several protesters at a military funeral of marine matthew snyder. snyder said their presence forever ruined the memory of that da

so what can we expect from justice kagan? >> she's probably going to be a reliably liberal bloc vote, not a radical. she'll probably basically take the place of john paul stevens, just as president obama planned. >> because of her previous job as solicitor general, justice kagan has recused herself from 24 of the 51 cases the court has already agreed to hear. live in washington, i'm kate amara, wbal-tv 11 news. >> kate, how does the court begin its term today? >> well, today the court is expected to hear arguments in a bankruptcy case, an appeal by a criminal defendants who are seeking shorter prison terms. of course, that westborough baptist church case comes up on wednesday. that funeral dates back to westminster, maryland, back in 2006. according to the associated press, the court begins its day today by denying many of the nearly 2,000 appeals that have been piling up over the last few months. mindy? >> kate amara live in washington, thank you. and that brings us to our water cooler question of the day. which case would y

a few minutes later, kagan posed her first question in oral arguments in a bankruptcy case. minutes after that, the new associate justice quietly left the bench making good on her promise to recuse herself from all cases in which the obama solicitor general, where she played a substantial role. >> many thought universe is the case where the united states filed a brief. even if the united states thought about filing a brief and the solicitor general made a decision not to file, that seems like a case where the justice probably has to recuse herself. i think that is what may have driven numbers up a little bit. >> reporter: kagan has withdrawn from 25 of the 53 cases the high court agreed to hear this term, with more expected to be added to the docket. one has to go back to 1967, when thurgood marshall joined the supreme court. 75 cases were sat out in marshall's term. >> he was the last solicitor general to go directly to the supreme court. he disqualified himself in roughly half the court's cases in his first year. she is going to be under that, but i think it's a consequenc

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 the gays. >> god is punishing these soldiers, punishing their parents really. >> reporter: fred phelps was one of several protesters of matthew snyder. snyder's father said their presence forever ruined the memory of that day. >> they turned it into a circus. >> reporter: one of the many pivotal decisions facing the new supreme court, still closely divided between a majority of five conservatives and four li

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,

kagan quien fues sentada al extremo de sony sotomayor lanzó su primera pregunta. en un caso sobre el tema de la bancarrota. >>> muchos abogados han dicho que dejará pasar un tiempo antes de presentar sus apelaciones a la máxima corte, quieren a según arreasegurarse participe de lleno en los argumentos. en la corte suprema no telemund. >>>josé: en guatemala piden que las personas afectadas por enfermedades venéreas sean in demasiado el primero es rápido. el primero es 4g, pero se lleva muy bien con el 3g. el primero tiene una cámara hd de 8 megapíxeles y videos stream en vivo vía internet. el primero tiene un puerto hdmi. el primero comparte wifi con ocho equipos al mismo tiempo. el primero no es jimmie johnson aunque éste, a menudo llega primero. el primero tiene un soporte para ver videos. ¿qué es lo primero que harás con evo, el primer teléfono 4g? sólo de sprint. el now network. >>>josé: mary gamarra está en la capital de guatemala, mary adelante buenas tardes. >>>mary: josé hoy se dio a conocer la comisión asignada de Álvaro colón para inv

elena kagan on the right, joining justice sonia sotomayor. and ruth bader ginsberg. they'll hear whether church members have a right to protest at military funeral, even if they hold signs like this one reading "thank god for dead soldiers." this afternoon, judge andrew napolitano predicted the supreme court will side with the protesters. >> this court even with kagan, have a tradition to uphold rights in areas that are disgusting. one could predict they'll find this as hateful and horrible as it is similarly protected speech. >> protesters claim soldiers' deaths are god's punishment for our nation's acceptance of homosexuality. james rose season live at the supreme court this evening. this court began, james, when a military family sued over the demonstrations. >> reporter: that is right. plaintiff is albert schneider of westminster, maryland. his son was lance corporal matthew schneider, a marine killed in anbar province in 2006. mr. schneider won an $11 million jury verdict in the lower court in a lawsuit that targeted the west baptist church where they traveled f

jenna: the fact that elaine kpwra kagan might not be -- ekwhraeupb kagan might be -- might not be part of the case social security there, and the court is divided among party lines, we could see ties in these situations talk us through that. we only have 30 seconds but talk us about that. >> in any case where there's only eight justices sitting you could get a 4-4 tie. the effect of that is, whatever the lower court decided from which the appeal is coming, that stands as the law of the case and it could have an important impact here, for example, there are guantanamo cases where you're getting pretty conservative decisions from the court of appeals. they might stand for a quote which would be pleasing to conservatives, not so pleasing to liberals. jenna: a lot to watch. thank you very much for working us through this, stuart taylor, thank you very much, we appreciate it. as always, we want to hear from you, your thoughts on some of the big news stories we're covering, "happening now" is on that case, do you think the west borough baptist church, the one from kansas, should be allowed t

elena kagan replaced justice john paul stephens who retired in june. the supreme court runs from today through next june. >>> no >>> now to china where a -- >>> a lot of times we hear about ferris wheels or roller coasters that get stuck in the middle of the ride. >> this one has an extra element of danger we'll hear why crews had to race to rescue people. >> here is a look at the streets outside. it is a little wet out there. wave got some rain showers and we'll continue to see some rain today and it will be a cool day, folks. of a got the complete forecast coming up. julie wright will have a look at traffic. stay with us. fox 5 morning news will be right back. th.ou fiber one chewy bar. how'd you do that? do what? it tastes too good to be fiber. you made it taste like chocolate. it has 35% of your daily value of fiber. do it again. turn it into something tasty. this guy's doing magic. there's chocolate chips in here now. how'd you do that? right! tasty fiber, that's a good one! ok, umm...read her mind. what's she thinking? that's right! i'm not think

kagan becomes the third woman on the court, the fourth in history. she will likely sit out about a third of the cases to avoid conflict stemming from her former stint at the justice department. >> with only eight members deciding, r, there is the chance of a tie. if that happens, the supreme court is not going to be able to decide the issue and we will have to come back again in another year. >> kagan and the justices will have a first caseload. one of the biggest whether protests at military funerals are protected under freedom of speech. they claim war deaths are god's way of punishing gays. >> god is punishing their soldiers and punishing their parents. >> this was a military funeral and they said their presence forever ruined the memory of that day. >> they turned it into a circus. >> one of the pivotal decisions facing the supreme court closely divided between a majority of five conservatives and four liberals. francis co, nbc news. >> let's look at what's coming up later and say good morning to laura in the newsroom. >> happy monday, scott and

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

give a brief introduction and pass this off to lisa kagan, who works in the mayor's office. this item proposes a community benefit district for the area around the civic center, civic center plaza. we have looked to formulate the boundaries of the district and what the services would be. lisa will get into this more, but it would include extensive security, street cleaning -- excuse me, sidewalk cleaning, graffiti removal, ambassadors, as well as a full-time staff to pursue grants on behalf of the district. staff feels this is a wonderful opportunity and with that, i'll pass it off to lisa and either she or i will answer any questions you may have. >> good evening, commissioners, president buell. nice to see you all. my name is lisa pagan, i work in the office of economic and work force development, i'm here to

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so what can we expect from justice kagan? >> she's probably going to be a reliably liberal bloc vote, not a radical. she'll probably basically take the place of john paul stevens, just as president obama planned. >> it's property to add that the westborough case, matthew snyder's funeral, took place in westminster. because of her previous job as solicitor general, justice elena kagan has recused herself from 24 of the 51 cases the court has already agreed to hear. live in washington this morning, i'm kate amara, wbal-tv 11 news. mindy, back to you. >> kate, what happens today? how does the court begin its term? >> well, today the justices are expected to hear arguments on a bankruptcy case and also an appeal from criminal defendants who are seeking shorter prison terms. and according to the associated press, mindy, the justices were actually start this day by denying many of the 2,000 appeals that have been adding up over the last few months. it's probably going to come as a blow to people who filed those appeals, but you can

and that is how it was. >> and how was justice kagan on her first day? >> well, the one word that left to my mind was ready. within minutes of the start of these arguments in this bankruptcy case, she was jumping into the fray of oral arguments. she was confident and well prepared and fluent and probing. at one point she asked a question of one of the lawyers that frankly seemed to stump them a little bit. a quiet kind of came over the courtroom as he gathered his thoughts. you could almost sense or imagine some of the other justices and veteran court watchers kind of looking down the bench at justice kagan like a major league scout might say, you know, that kid's got some real pop on her fastball. >> so no first-day nerves for her. thank you, terry moran. big day at the court and a big week ahead. we'll have more reporting from there. >>> on friday, we told you about something that outraged a lot of people. banks foreclosing on homeowners. hundreds and thousands of them. without bothering to read the legal documents. one sign how desperate homeowners ha

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

>> i think that generally speaking, yes, justice kagan. the district court would have to look at the signs at the district court in this case and determine which one he believes were direct at the family and which ones were not. there is a comment earlier that all the signs were presented -- well, all the signs were presented by the respondents, not by mr. snyder. so we -- >> i guess that that kind of a call is office necessary under the tort that you're relying upon. the conduct has to be outrageous, right? >> correct. >> that's always required. it's that kind of call unless the target is unconstitutional as applied to all harm inflicted by words. >> correct, justice scalia. the element of element and emotional distress requires outrageousness. >> i was assuming a situation which a jury found that the war is wrong that a jury did find that outrageous and the question was were we beginning to to reverse that jury verdict because the person then meant prohibited. >> i believe that's a closer call. i would say yes. it does not target the fam

---"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

when he chose kagan, president obama was looking for a liberal leaning justice in the mold of retired justice john paul stevens. >> case after case these judges sometimes des ainterpresident who puts them up there. >> reporter: this term will be marked by two big first amendment cases. one involves a california law bang the sale of violent video games to children. the other deciding if hasn't gay protests outside a military funeral are considered free spee. joel brown, wjz eyewitness news. >> as joel just mentioned, one of the cases the supreme court will hear is the father of a maryland marine whose funeral was interrupted by protesters. mary bubala will have coverage. >>> if you sit around surfing the web on your laptop you need to hear this story. adam may has the details of a new study that says laptop computer cost burn your skin. >> reporter: people who work with computers on their laps for long periods of time could suffer from toasted skin syndrome. the danger has been highlighted by swiss researchers in the journal of pediatrics. one case a 12-year-old boy developed a sponge

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

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

i'm calling in regards to justice kagan. she has represented barack obama in were justice days and how is that going to affect things brought up before the supreme court in the future? guest: well, she's represented barack obama only in the sense that she was president of the united states and sliss sitor general she represented the united states. you can say she represented barack obama but only in that kind of structural formal sense. she has no -- did no legal work on behalf of president barack obama before she took that job for one year. in the cases she did represent the federal government she has refused herself from roughly half the cases this term. host: it seems like an obvious thing. you would recuse yourself in from a case she argued before. justice kagan her arguments, her viewpoints and decisionmaking may be different than arguments she made. guest: quite right. she was a lawyer representing a client and her job was to make the best argument for that client, not to make the best argument if she were running the

our time with elena kagan taking the bench for the first time. it's also the first time three women are serving simultaneously. kagan has reus used herself from 24 of the cases on the court because she argued those cases as farther of her former job as solicitor general. some of the kays include -- cases include -- >> the justices will also determine whether the state of arizona can remove the licenses as employers who hire undocumented workers. whether the federal government government can ask contract employees about illegal drug use and whether a case can go forward about parents who say their children suffered be problems because of vaccines. >>> it wasn't ease yu but the giants are head --y but the giants are headed to the playoffs for the first time in seven years. they are the best in the west, after a win yesterday over the padres. the victory came 0en the final game of the -- came on the final game of the season. many fans were worried the giants were gonna check. >> we did a hell of a job keeping in this thing and fighting and getting w