at that time in the course is you, bill brennan was still there and controlling a lot. the liberals, even though there were more republican appointees, the liberals had a bit of an hand that did not sit well with him either. >> host: we will talk in a moment or two about some of the opinions. >> guest: great. thank you. mika brzezinski what are you reading? >> "the glass castle" and jeannette used to work at ms nbc. do you know her? she grew up in west virginia under the most unbelievable conditions and she writes about it. and hashish use her live through a glass castle of this existence with a very mentally ill mother and a very poor existence. and it's a book that i'm sure with my daughters. and then she has another book out just now. i can't remember the title of it but i'm going to move on to that one. i have to get her first win under my belt. >> you also are writing a book. tellis. >> is out on january 5. i'm a little nervous. is called "all things at once." and it is about the search for the ability to admit to myself that i love to work. and it is important to

this photograph shows justice william brennan and richard arnold and grinin's chambers in 1960. the occasion as the beginning of richard arnold's clerkship. he has also just become a member of the arkansas bar candy is the supreme court justice, william brennan, to swear him in. it was an interesting time to be in washington and at the supreme court's allitt relatively early era in what we know of is the warren court. some of you may remember these billboards that could be seen throughout the united states. in part is the reaction to brown versus board of education but also as the reaction to some of the other decisions of the warren court, and you can see the message there. szabo republic, richard arnold could see some of these billboards on his way to work for justice brennan in 1960. this was part of his background and his experience before he was appointed to the federal bench on two occasions by jimmy carter. so, when he was at harvard law school in 1957, he found a violent up for at central high school in little rock both distressing and personally embarrassing. leni reach

so there was frustration and he also didn't like -- at that time in the court history bill brennan was still there controlling a lot so the liberals even though they were more republican appointees on the court the liberals had an upper hand that did not sit well with him either. >> host: okay. while we will talk in a moment or two about some of the opinions. >> guest: great, thank you. >> "after words" and several other c-span programs are available for download at podcast. more job with joan biskupic and tittles an analyst. >> "after words" with judd alan biskupic and ted olson continues. >> host: joan, at the end of the conference for some reason -- i mean, they don't, right? the votes are tallied up. they've each casting vote, right? >> guest: that's right. >> host: someone writes an opinion, whoever -- tell us how the opinions -- >> guest: we are talking about private conference the justices have after they've heard oral arguments and everybody results a case and the taking a vote. and the majority side is then going to prepare the opinion for the court. and the most senior justic

colt brennan, picked off. derrick martin with the interception and he'll return it to the 45-yard line of the ravens. it was webb who brought the blitz pressure, and colt brennan, off target as he threw under pressure. 0 >> gerry: on the heels of the derrick martin intercession, the ravens take over. we take off for the field and rob burnett. >> rob: derrick, i've watched a lot of football, that was one of the most gutsiest performances you had last year to put your shoulder injury and the things you did. how's it feeling right now? >> shoulder is fine right now. no problems. i had surgery on it and it's feeling good right now. no ill effects from last season. >> rob: another question is take us a little bit through your sudden retirement and return. what kind of sparked that? >> going through the injury throughout the whole season, then ending the season and not being able to get into my off- season regimen as fast as i wanted to. just kind of wore on me, the whole season wore on me last year. and i just felt

this is barclays bank, they bought the brennan seven lehman brothers services lehman brothers trading for 7,457th avenue mine back at the scene, not the scene of the crime but the same trading floor i used to work and i noticed in the corner office i said who it is that man in the corner office? and as he said to me, that is bought diamond, and i said it the ceo of barclays' capital? and he said, yes. how things have changed. things have changed in the sense that you have lessons learned hopefully, you now have the ceo of barclays' capital right there on the trading floor with the best and brightest paying close attention to what is going on. not in the 31st floor completely away from the battlefield. >> unit, and at the beginning that this was the end of capitalism in america but had you mean that? >> not the end of a capitalism has been changed forever because first and foremost you have the fed window, the federal government has now been assisting banks have to the primary credit facility. in other words, you have investment banks that are having access and getting help from the go

and kathleen, janet, john brennan, arne duncan and our entire team have tried to engage in the most rigorous planning exercise to make sure that anything that may occur in the fall we're prepared for. and so i won't go through the details of this. i'm sure that kathleen and janet and others have laid out what the potential consequences are of a new outbreak of h1n1. we want to make sure that we are not promoting panic but we are promoting vigilance and preparation. and the most important thing for us to do in this process is to make sure that state and local officials prepare now to implement a vaccination program in the fall but also that they are working on an overall public communications campaign with the white house and the possibilities that we may need to be dealing with schools that are seeing significant outbreaks of h1n1. and we've looked at past cases of this being properly handled in situations like this being improperly handled. and one of the most important differences is where it's well-handled state and local officials have complete ownership over this issue. they are providi

regular meetings here at the white house hosted the by senior white house officials including john brennan and others to continue planning for what the president and his administration talked about earlier this year, that what we saw building up and then that i did communities throughout the country and honestly affected countries throughout the world, hit in many ways at the back end of our own police susan. which in many ways probably likely give us a preview of its depth and severity of what we will face come the fall. we are taking steps working with state and local officials, working with communities, working with school districts to ensure that have the best information about what steps can any to be taken to get ready for what we know is coming. obviously many countries around the world we have seen a preview of the the tax, the taxing major this is going to provide in, the ability with which two this is going to test how the infrastructure. and i know the team is working through decision making in the development of antiviral our production for antiviral in the development for a va

>> the ennis sea and through john brennan. >> there are a couple of reports about a bank loan to the brazilian government for offshore drilling and i am wondering if you can give an administration take why the investment in brazil and exploration there is a good idea and helpful for the u.s. economy. >> i have all seen this story. i would have to look at this. >> and eastern told abc today talking about health care, quote, i feel we are talking losing control of congress if health care fails. it would totally in power republicans to kill all changed its hard to imagine the democrats convincing the public that republicans are to blame for health care reform going down the democrats of such large majorities. is their anything the white house disagrees with in that and is that any way under the allies as the white house what talk and may be such negative terms in the next couple of months? >> i have not seen the comments. i doubt it and don't know if the president has. we don't look at -- we don't look at -- we are not making decisions about health care, the economy, cash for clunkers,

i think the last cross party appointment was president eisenhower's william brennan, lewis powell was obligated because he was a southern democrat, still in the early 1970s. but presidents pick members of their own parties certainly for the supreme court. certainly by and large for what the constitution calls inferior federal judiciary. so how do you answer the letter, how do any of you answer the letter writer saying, look, what you believe this want to do is substitute an alternate form of politics for a transparent? >> that is so wrong because under a merit selection system, which i helped design for my home state of arizona, we set up a bipartisan commission of citizens to consider applications of people who want to be a judge. they let anybody apply. now those applications and those records are open to the public. everybody can find out who has applied and they can weigh in. the hearings when the interview these people are open to the public. and they ask that the person who wants to be considered filed forms and answered questions. that is also open to the public. and the commis

especially rehnquist i think he feels he's shunted to the left wing of the court with his friend bill brennan and that people aren't listening to him and he's not having the opportunity to shape the law at that point, that he's just dealing with what he views as a reactionary white wing constantly undercutting not only affirmative action, undercut with balky and continue to undercut time and again and he thinks all he can do at that point is right this and hope that the dissidents become the basis for future majority opinions when the court changes its composition. >> host: in fact in describing him you use the word exceptional, exceptional family growing up in exceptional place in baltimore. >> guest: what a fascinating history. for me, juneau, steve, what happened i had written on is on the prize, a book about the american civil rights movement, and in the course of doing the research for that book had come across the idea that wait a minute, there is one historic figure in this book still alive, still an active person in american society, thurgood marshall who sits on the supreme court. th

our second panelist is margaret brennan, and anchor and reporter for bloomberg television news in new york. she was a general assignment reporter for nbc and a contributor to nbc's today show and nightly news as well as an best nbc. she is also a graduate of mr. jefferson's university of virginia. alan murray is managing editor and executive editor on line for the wall street journal. he was previously managing editor of a wall street journal and author of the weekly business column. he has served as washington d.c. bureau chief for nbc and the wall street journal. we are very fortunate to have alan on our governing council at the madison of public affairs at the university. a member of distinction for many years. next we have robert sanders, contributing editor of newsweek and the washington post where he has written about business and economic issues since 19707. his articles also appear in the los angeles times, boston globe and other reading newspapers. his latest book is entitled the great inflation and its aftermath, past and future of american capitalists in case you are wonder

the nonpartisan brennan center for justice reviewed all of judge sotomayor's constitutional law decisions and said, "based on this exhaustive review, the conclusion is unmistakable in constitutional law cases that judge sotomayor is solidly in the mainstream of the second circuit." judge sotomayor's former law clerks wrote a letter endorsing her nomination in which they said, "as former law clerks to judge sotomayor, each of us can attest to her intellectual prowess, extraordinary work ethic and commitment to the rule of law. working for judge sotomayor is an awe-inspiring experience. we each have the privilege of working closely with her as she confronted and resolved incredibly complex and intellectually demanding legal challenges. judge sotomayor approaches each case with an open mind and arrives at her decision only after carefully considering all of the pertinent facts and applicable rules of law. the law clerk said that they agree with mr. of judge many ofe sotomayor's other colleagues who he say they respect her collegiality and balanced and fair jurisprudence. mr. president, i wou

. >> frederic schwartz, professor schwartz's chief counsel at the brennan center for justice at the new york law school. his legal career, he has a high level of private practice with a series of critically important public service assignments. mr. schwarz served as chief counsel of the church commission, has been a time when i came to the sate and when i think what first appeared hee has also served as chief counsel to the senate select committee on intelligence. he chairshe board of either institute of justice. recently received the gold medal award for distinguished service to the new york state bar association. he received an a.b. magna cum laude from harvard university law degree from harvard law school where he was editor of the law review. mr. schwarz, it is always good to see you here. pleaseo ahead, sir. >> that was quite a few years ago when we first met. >> yes, sir. was. >> i actually had hair back and. it was a little bit darker. >> and i had solid black hair back then also. so thankou for convening this hearing. thank you for your proposal for the commission which i suppor

justice powell, just hear blackburn's papers, thurgood marshall's papers, william brennan papers are mostly public at the library of congress. so these justices' documents provided a lot of material for me to see what would happen in the drafting process and that's where i was able to detect when justice scalia might have lost a majority, and from the outside you often don't know that. but in fact it's good to bring this up because i just heard from a lawyer who argued one of the cases that had been 5-4 in the opposite direction until justice scalia lost the majority, and bill brennan switched votes and it went the other way, and that was a lawyer that had been on the case and didn't know it happened. >> host: didn't know he almost lost? >> guest: you wouldn't know unless you went to look it up. and i think in the late -- in the early 1990s, when justice thurgood marshalls papers became available, and it was very big deal to journalists and observers, people started looking at them but only as a matter of routine people spend a lot of time in those papers. >> host: so they keep at it

brennan," judge lynch admonished the successors of judge brennan that they must engage in constitutional interpretation -- quote -- "in light of their own wisdom and experience and in light of the conditions of the american society today." close quote. in that same article, judge lynch stated that he personally believed it was a simple necessity that the constitution -- quote -- "be given meaning for the present." skwrufrpblg lynch's -- judge lynch's quote included the opinion that justice brennan's -- quote -- "long and untiring labor in the principles of the constitution in the way that he believed made most sense today seems far more honest and honorable than the pretense that the meaning of those principles can be found in 18th or 19th century dictionaries." i had a problem with that speech in 1997 when he came up. such strong statement of adherence to the doctrine that justice brennan was the foremost advocate of of the living constitution that words don't have fixed meanings, that you can make them say what you want them to say to affect the result you think is appropriate today. b