Alito questions favorable tax provisions and DOMA

>>> will come back. breaking news. we are getting even more audio in from today's supreme court hearing on same-sex marriage and the constitutionality of california's prop 8 -- actually, on doma. i apologize. here is justice roberts for us.

>> i would have thought your answer would be that the executive's obligation to execute the law includes the obligation to execute the law consistent with the constitution. and if he has made a determination that executing the law by enforcing the terms, is unconstitutional, i don't see why he doesn't have the courage of his convictions and execute not only the statute but do it consistent with his view of the constitution. rather than saying, oh, we'll wait until the supreme court tells us we have no choice.

>> again, let me bring back with us, kenji, professor of constitution yalg law at nyu law school . thank you for joining us professor. i want it play another excerpt since we are getting them in pretty rapidly. the fear toward homosexuals, lit me play it.

>> so they can create a class they don't like here, homosexuals were or a class they consider is suspect in the marriage category, and they can create that clash of side benefits on that basis. when they themselves have no interest in the actual institution of marriage as marriage, the state's control that.

>> give us a little more detail there, with justice sotomayor.

>> the court said that cannot stand. the quote unquote , bear desire isn't enough. so congress may be particularly vulnerable in a way that the states would not, thereby distinguishing as she did repeatedly in this oral argument between what happened today and yesterday in the prop 8 can case.

>> so why congress got involved 17 years ago in the first place.

>> exactly.

>> so this one from justice prior discussing why discriminate against guy marriage. and also justice i leeto on the taxes. let's play both excerpts.

>> what is special onity own distinguishes and thus makes rational or whatever basis you will have here within treating the gay marriage differently?

>> suppose we look just at the state tax provision at issue in this case, which provides special favorable treatment to a married couple as opposed to any other individual or economic unit . what was the purpose of that? was the purpose of that really to foster traditional marriage or was congress just looking for a convenient category to capture households that function as a unified economic unit .

>> with justice eilito there. interesting comment from justice ilito. we talked to the man who moved from the united states because his significant other could not apply for a visa or green card , as would be the case for an opposite married couple. opposite sex married couple. so there is a different here. and it is not just about a tax provision.

>> yeah. i think what he is trying to get at is it a favorable tax treatment. edie windsor gets hit with $364,000 federal tax she would not have been hit with had she been married to a man. so can we look that in an isolation and say the reason for the favorable tax statement is not about even protection of traditional marriage . just that we have to draw the line somewhere. so he is trying to get away from the marriage issue. i agree it is unpersuasive. we have bundled so many rights of entitlements and attached them to the status of the --

>> i believe the justices pointed out 111 provisions if you will for couples. 1100 , excuse me, for couples who are married, benefit from having a recognized marriage in this country.

>> exactly. if you go through the united states code there are 1,138 provisions that rely on the term marriage and dispensing benefits or burden.

>> that is interesting. we will see what else we can bring to our audience. the audio is coming in and we will play it for our audience as soon as possible. ken ji, thank you for sticking around and helping connect the dots.

Source: http://feeds.nbcnews.com/c/35198/f/654708/s/2a108bbb/l/0Lvideo0Bmsnbc0Bmsn0N0Cid0C51351740A/story01.htm

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PM Note: The People vs. The Court, Recalling Gay Marriage in '04, Senate Stampede

First Woman to Head Secret Service - And she used to wear a costume at Disney World - http://abcn.ws/10LZOoP (Mary Bruce)

Dowd: Gay Marriage Didn't Swing 2004 Election - "On this day when a momentous series of cases related to gay marriage are being heard before the Supreme Court, I thought it time to reflect on a broader topic of leadership and motivation." http://abcn.ws/ZVcAA2 (Matthew Dowd)

Same Sex Marriage at SCOTUS - Catch up on the day in same sex marriage at our live blog, which isn't technically live any more, but includes some of the better pictures from in front of the court, video of people on both sides, some prognosticating, some tea leaf reading, and a heavy dose of couching - http://abcn.ws/16eVG1Y

Or you can read a more traditional form of news story from our court watchers here - http://abcn.ws/YFZrIB

The headline and lede:

Court Struggles With Federal Right to Gay Marriage

Supreme Court justices seemed to struggle with the notion of extending marriage rights to same-sex couples as they grilled lawyers this morning in a potentially landmark case over California's ban on gay marriages.

As the politics change by the day, the court heard a case - Proposition 8 - that could drastically change how states and the federal government approach one of the touchiest social issues of the past decade.

The justices today challenged lawyers on both sides on common points of contention that arise whenever gay marriage is debated. http://abcn.ws/10M8Kuo (Good, Moran, de Vogue)

Boy are those politics changing. Rick Klein called it a "Senate Stampede." - http://abcn.ws/16VYT7W

5 Democratic Senators (Rob Portman is still the only sitting Republican) have come out for gay marriage in the past 48 hours or so.

Yesterday we told you about the conversions of retiring Sen. Jay Rockefeller, Virginia Sen. Mark Warner and recently re-elected Sen. Claire McCaskill. Today Alaska Sen. Mark Begich and Sen. Jon Tester joined the club. Tester even made the HRC logo his Facebook profile pic.

But not every Democrat wants to take the leap. The left-leaning Huffington Post has a banner headline "Shame on Dem" with pictures of the ten Democratic Senators who don't support gay marriage.

Their reactions range from continued opposition - Arkansas Democrat Mark Pryor - to maintaining it should be a state issue - North Dakotan Heidi Heitkamp.

Other responses were more nuanced.

A spokesman for Sen. Bob Casey, the conservative Pennsylvania Democrat, told Sunlen Miller that Casey is closely following the debate and will review any legislation he sees.

A spokesperson for Sen. Tom Carper, the Delaware Democrat, said he is evolving.

"Sen. Carper was proud to support Delaware's efforts to enact Civil Union legislation and earlier this month he joined 211 of his Congressional colleagues in co-signing the Amicus brief that urges the Supreme Court to invalidate Section 3 of DOMA. He has also said that he would vote to repeal DOMA. He also opposed President Bush's attempt to enact a constitutional amendment to define marriage as between one man and one woman. Like many Americans including Presidents Obama and Clinton, Sen. Carper's views on this issue have evolved, and continue to evolve. He continues to give this issue a great deal of consideration."

Bookmark Ariane's "Standing" Explainer - Who knows what Supreme Court Justices will decide in June on same-sex marriage.

They could go in a lot of different directions - from recognizing a fundamental right to gay marriage to dismissing the Prop case because supporters of California's same sex marriage ban aren't the right people to be arguing the case. That'd be a way around the whole issue and could lead to gay marriages in California.

Ariane de Vogue was all over this potential back door before arguments got under way today - http://abcn.ws/16g0ELO

'DIG' It - Another note from Ariane on a potential way justices could rule - She reports: While most people are taking in the momentous occasion of the gay rights arguments, some lawyers and journalists who cover the court are wondering what Kennedy meant when he said :" I just wonder if this case was properly granted. "

The proper term for that is "dismissed as improvidently granted" or DIG.

He would need 4 other Justices to join him, and the opinion released would never explain exactly WHY the Justices dismissed.

If the Court doesn't reach the merits, we knew there was a possibility that the Court could rule the proponents don't have standing ?.but "dismiss as improvidently granted" wasn't really on the radar before today.

If they DIG, it is as if the court never granted cert and the 9 th circuit opinion (which was narrow) would hold.

Dale Carpenter of the University of Minnesota law school thinks that while Kennedy could have been referring to a DIG, "he might simply have been saying we should dismiss this on standing grounds. It's hard to know, he may not have even been sure how he is going to rule."

SCOTUS Playbill: Meet the cast of characters taking part in the SCOTUS drama. They include a daughter, a widow, a two couples, a GOP operative and traditional marriage activists http://abcn.ws/WU4O9z (Sarah Parnass)

Janet Napolitano Says Border-Security Trigger Unworkable-The U.S. border is as "secure as it's ever been," which is evidence enough that comprehensive immigration overhaul should start immediately, Homeland Security Secretary Janet Napolitano said today. http://abcn.ws/13tEGaw (Serena Marshall)

GOP Senators Threaten Filibuster on Guns-In the latest roadblock to passing gun legislation, three Republican senators have threatened to filibuster next month's proceedings on the gun debate. http://abcn.ws/14lHs0V (Arlette Saenz)

Also Read

Source: http://news.yahoo.com/pm-note-people-vs-court-recalling-gay-marriage-222604670--abc-news-politics.html

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Gordon-Levitt gets excited on 1997 'Jeopardy'

By Randee Dawn, TODAY contributor

Before he was a time traveler ("Looper") or Abraham Lincoln's rebellious son ("Lincoln"), Joseph Gordon-Levitt was a young actor appearing on "Third Rock from the Sun." And in 1997, he was also a contestant on a celebrity charity "Jeopardy!" episode who was very excited to know the answer. Or rather, to know the question.

As the video clip shows, from the moment host Alex Trebek pulled up the "answer" clue that referred to Holden Caulfield, a long-haired Gordon-Levitt starts pulling an Arnold Horshack (look it up, kids) impersonation in the back: "Oooh! Oooh!" he cries, and is just so thrilled to be able to give the correct "question" of "What is 'Catcher in the Rye?'" adding "that's my favorite book!"

Amusing additional notes: Trebek referring to him as "Joey," hearing his voice break just a little when giving the "question" and a quick flash of the other contestants -- Kirsten Dunst and Benjamin Salisbury (from "The Nanny"). Props to Buzzfeed for explicating the entire episode, pointing out some highlights (Gordon-Levitt, of course) and lowlights (no one knew "Moby Dick"). You can watch the whole show below, if you like!

Related content:

More in The Clicker:

Source: http://theclicker.today.com/_news/2013/03/25/17455404-joseph-gordon-levitt-gets-very-excited-in-1997-jeopardy-episode?lite

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AP interview: Couple reflects on gay marriage

This photo taken Feb. 8, 2013, shows Sandy Stier, left, and Kris Perry, the couple at the center of the Supreme Court's consideration of gay marriage, at their home in Berkeley, Calif. Whatever the outcome of their momentous case, Perry and Stier, who have been together 13 years, will be empty-nesters as the last of their children will heads off to college. (AP Photo/Jeff Chiu)

This photo taken Feb. 8, 2013, shows Sandy Stier, left, and Kris Perry, the couple at the center of the Supreme Court's consideration of gay marriage, at their home in Berkeley, Calif. Whatever the outcome of their momentous case, Perry and Stier, who have been together 13 years, will be empty-nesters as the last of their children will heads off to college. (AP Photo/Jeff Chiu)

In this photo taken Saturday, March 23, 2013, Jessica Skrebes of Washington reads while waiting in line with others outside of the U.S. Supreme Court in Washington in anticipation of Tuesday's Supreme Court hearing on California's Proposition 8 ban on same-sex marriage, and Wednesday's Supreme Court hearing on the federal Defense of Marriage Act, which defines marriage as the union of a man and a woman. (AP Photo/Jacquelyn Martin)

BERKELEY, Calif. (AP) ? Big change is coming to the lives of the lesbian couple at the center of the fight for same-sex marriage in California no matter how the Supreme Court decides their case.

After 13 years of raising four boys together, Kris Perry and Sandy Stier are about to be empty nesters. Their youngest two children, 18-year-old twins, will graduate from high school in June and head off to college a couple of months later.

"We'll see all the movies, get theater season tickets because you can actually go," Stier said in the living room of their bungalow in Berkeley. Life will not revolve quite so much around food, and the challenge of putting enough of it on the table to feed teenagers.

They might also get married, if the high court case goes their way.

Perry, 48, and Stier, 50, set aside their lunch hour on a recent busy Friday to talk to The Associated Press about their Supreme Court case, the evolution of their activism for gay rights and family life.

On Tuesday, they plan to be in the courtroom when their lawyer, Theodore Olson, tries to persuade the justices to strike down California's voter-approved ban on same-sex marriages and to declare that gay couples can marry nationwide. Supporters of California's Proposition 8, represented by lawyer Charles Cooper, argue that the court should not override the democratic process and impose a judicial solution that would redefine marriage in the 40 states that do not allow same-sex couples to wed.

A second case, set for Wednesday, involves the part of the federal Defense of Marriage Act that prevents same-sex couples who are legally married from receiving a range of federal tax, pension and other benefits that otherwise are available to married people.

The Supreme Court hearing is the moment Perry and Stier, along with Paul Katami and Jeff Zarrillo of Burbank, have been waiting for since they agreed four years ago to be the named plaintiffs and public faces of a well-funded, high-profile effort to challenge Proposition 8 in the courts.

"For the past four years, we've lived our lives in this hurry-up-and-wait, pins-and-needles way," Perry said, recalling the crush of court deadlines and the seemingly endless wait for rulings from a federal district judge, the 9th U.S. Circuit Court of Appeals, also based there, and the California Supreme Court.

Stier said Olson told them the case could take several years to resolve. "I thought, years?" she said.

But the couple has been riding a marriage rollercoaster since 2003, when Perry first asked Stier to marry her. They were planning a symbolic, but not legally recognized, wedding when San Francisco Mayor Gavin Newsom ordered city officials to issue marriage licenses to same-sex couples in 2004. So they were married, but only briefly. Six months later, the state Supreme Court invalidated the same-sex unions.

They went ahead with their plans anyway, but "it was one of the sadder points of our wedding," Perry said.

Less than four years later, however, the same state court overturned California's prohibition on same-sex unions. Then, on the same day Perry and Stier rejoiced in President Barack Obama's election, voters approved Proposition 8, undoing the court ruling and defining marriage as the union of a man and a woman. Their lawsuit was filed six months later, after they went to the Alameda County courthouse for a marriage license and were predictably refused.

"It's such a weird road we've been on," Perry said.

All the more so because neither woman defined herself as a gay rights activist before the marriage fight.

Perry, a native Californian from Bakersfield, and Stier, who grew up in rural Iowa, moved in together in 2000, with Stier's two children from a heterosexual marriage and Perry's from a previous relationship. Utterly conventional school meetings, soccer games and band practice ? not the court case ? have defined their lives together.

As if to highlight this point, their son, Elliott, briefly interrupted the interview to ask for a pair of headphones. Perry said the boys find her useful for two basic reasons these days. "Do I have any headphones and do I have any money?" she said with a smile.

Perry has spent her professional life advocating on behalf of early childhood education. Stier works for the county government's public health department.

"When you've been out as long as I have been, 30 years, in order to feel OK every day and be optimistic and productive, you can't dwell as much on what's not working as maybe people think you do," Perry said.

Even with Proposition 8's passage, Perry and Stier said they were more focused on Obama's election.

"I was all about health care reform and Kris is all about education reform and that was everything. Gay rights, that would be great, but it's a way off," Stier said.

They don't take the issue so lightly anymore. Of course, they could not imagine a U.S. president would endorse gay marriage along with voters in three states just last November.

When Obama talked about equal rights for gay Americans in his inaugural speech in January, Perry said she felt as if "we've arrived at the adults' table. We're no longer at the kids' table."

They will watch the argument in their case and then return home to wait for the decision, worried that it could come the same day as the boys' high school graduations in mid-June.

They know the court could uphold Proposition 8, which would almost certainly lead to an effort to repeal it by California voters. Recent polls show support for repeal.

Any other outcome will allow them to get married. But Perry said they are hoping the court strikes "a tone of more inclusion" and issues the broadest possible ruling.

They will get married quickly, in a small, private ceremony. "We did the big celebration a long time ago," Perry said. "I hope this will be something a lot bigger than the two of us."

___

Follow Mark Sherman at http://twitter.com/shermancourt

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2013-03-25-US-Supreme-Court-Gay-Marriage/id-489ea547146f4601b24525ef12765eea

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Snowstorm takes aim at Plains, Midwest

KANSAS CITY, Mo. (AP) ? An early spring snowstorm forced the cancellation of more than 100 flights at Denver International Airport and closed several roads Saturday as it moved eastward, dumping more than a foot of snow in some places.

The snow started falling around midnight in northeast Colorado and then moved into northwest Kansas and southwest Nebraska.

Ten to 15 inches of snow had fallen by Saturday afternoon north of Interstate 70 in northwest Kansas and northeast Colorado, with another 1 to 2 inches expected in the area, said Ryan Husted, a meteorologist with the National Weather Service in Goodland, Kan., where 15 inches of snow had fallen.

The storm also dropped up to 7 inches of snow in southwestern Nebraska before tapering off Saturday afternoon, said David Pearson, a meteorologist with the National Weather Service near Omaha, Neb.

"But the wind is really blowing, so visibility in those areas is still going to be pretty low," Pearson said.

Husted said winds gusting at speeds of up to 45 mph were creating snow drifts of 2 to 3 feet in parts of Kansas, Colorado and Nebraska.

I-70 had been shut down Saturday from Denver to Colby, Kan., because of poor visibility. The northbound lanes of Interstate 25 also were closed south of Fort Collins, Colo., because of multiple accidents.

"It's a mess here," said Jerry Killingsworth, a National Weather Service meteorologist also based in Goodland, Kan. "Heavy, wet snow, tree limbs down."

At the Goodland 24/7 truck stop, truckers milled around. With roads in the area closed, they are "just waiting," said Samantha Lamb, the truck stop's assistant manager.

"Our hotel across the street from us is pretty full," Lamb said. "Our parking lot has a good 35, 40 trucks in it."

As the system moved eastward, it threatened to inconvenience fans attending the NCAA men's college basketball tournament in Kansas City.

Scott Blair, a meteorologist in Pleasant Hill, Mo., said light showers and drizzle began switching over to snow Saturday afternoon in Kansas City and western Missouri. The heaviest snowfall was expected overnight, with up to 6 inches forecast for the Kansas City metropolitan area.

"If people don't need to be out driving tomorrow that would certainly be recommended," he said.

Dan Gavitt, vice president of the NCAA men's basketball championships, said teams and officials already are onsite and that no game delays are anticipated.

"This region routinely has winter snow and has the appropriate equipment and procedures to manage these winter conditions," Gavitt said in a written statement. "We encourage fans planning to attend games to pay attention to the weather, use good judgment and follow any directions from local authorities regarding travel and weather."

North Carolina coach Roy Williams was nonplussed.

"It's no distraction, unless the roof goes off, we'll still be able to play and the whole bit like that," Williams said.

Elsewhere, some churches and other organizations were calling off events. Among them, the final game of the Emporia State baseball series with Southwest Baptist was canceled.

Denver International Airport spokesman Heath Montgomery said about 106 flights have been canceled, many of which involved commuter jets headed to nearby destinations or to mountain towns.

The Colorado Avalanche Information Center said up to a foot of new snow in the mountains could create dangerous avalanche conditions.

Colorado State Patrol troopers also spent part of Saturday working a crash near Johnstown involving a tractor-trailer that burst into flames. An estimated 20 to 50 vehicles, including four tractor-trailers, crashed or slid off the roadway in the area. The patrol said several people were hospitalized, but no fatalities have been reported.

The system will move into Illinois and Indiana overnight and into Sunday.

Meteorologist Dan Smith with the National Weather Service in Lincoln, Ill., said snowstorms aren't uncommon in early spring. The latest the area has seen snow, he said, was April 23, in 1910.

"One good thing about (the snowstorms) is it doesn't matter how much you get, it usually doesn't stick around too long because temperatures start to warm up pretty good," he said.

Farther south, tornadoes were possible in Louisiana and Mississippi, while strong winds and low humidity could lead to forest fires and wildfires in parts of New Mexico and West Texas.

___

Associated Press writers Jason Keyser in Chicago, Thomas Peipert in Denver, David Skretta in Kansas City, Mo., and Margery A. Beck in Omaha, Neb., contributed to this report.

Source: http://news.yahoo.com/snowstorm-takes-aim-plains-midwest-171700123.html

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Reports: NCAA investigating Syracuse

SYRACUSE, N.Y. (AP) ? Syracuse has been under investigation for possible NCAA violations, mostly in its basketball program, for at least a year, according to two media reports.

CBS Sports.com, citing an unidentified source, reported Wednesday that the school has received a letter of preliminary inquiry from the NCAA.

The Post-Standard reported NCAA investigators have been conducting interviews with Syracuse employees and former employees. The newspaper said the investigation includes the handling of former player Fab Melo's academic eligibility.

In 2012, the star center was declared ineligible for the NCAA tournament days before it started.

The school also acknowledged last year the college sports governing body had inquired into old allegations that players were allowed to practice and play despite being in violation of the school's drug policy.

This season, forward James Southerland sat out six games during the season for an academic issue.

CBS Sports reports the investigation is not related to sexual assault allegations made against former assistant basketball coach Bernie Fine in 2011.

Messages seeking comment left for NCAA and Syracuse officials were not immediately returned.

Syracuse plays Montana in the first round of the NCAA tournament on Thursday in San Jose, Calif.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2013-03-20-BKC-Syracuse-NCAA/id-65bf5263191b434ba91ce84888ea749a

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How to Share Your Wi-Fi Network with Friends, No Password Typing Required

If your friend wants to get on your Wi-Fi, you don't have to share your (possibly long and confusing) password. Here's how to generate a QR code containing your network password and have them log on in one snap.

We recently shared an app that signs you into other people's Wi-Fi, and a number of you noted an even easier method: just stick a QR code on your router that automatically logs them in! We've actually talked about this before, so to give homage to those of you that tipped us off, we've reprinted this old article as today's tip of the week. Enjoy!

There are a lot of sites out there that let you create QR codes for Wi-Fi passwords, but we like QRStuff's code generator and ZXing Project's QR Code Generator (ZXing are the developers of Barcode Scanner). Just head to one of those, pick "Wifi network" from the dropdown menu, then enter in your SSID (network name) and password. Make sure you choose the right encryption type, too.

Once you click the Generate button, you'll get a QR code you can save and print out if you like.

Your friend will need to have a barcode scanner on their phone, preferably the free Barcode Scanner app on Android (which many of you probably already have). To connect to your network, all he/she has to do is scan the QR code. It'll instantly connect them.

iPhone users and other barcode scanners will be able to see the username and password, which they can then copy and paste. It won't connect them directly like Barcode Scanner for Android will, but it's still quick and easy. Thanks to everyone who sent in this tip!

Every week, we receive tons of reader tips, often in response to tips we've posted. Our Tip of the Week showcases our favorite tip from you that improves upon something else we've shared, shows us another way to do something, or otherwise deserves more attention than our regular tips roundups. Got a tip to share? Post it over at our tips forum or send it to us at tips@lifehacker.com.

Source: http://feeds.gawker.com/~r/lifehacker/full/~3/uhJQPEPbVjE/how-to-share-your-wi+fi-network-with-android-users-with-a-qr-code-and-barcode-scanner

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