supreme court. and let's start with the ban on affirmative action that took place an hour ago, and tell us how that played out. >> well, it was a 6-2 vote, and nine justices and elena kagan sat this out, because she worked on the issue in the justice department, but the issue is whether constitutionally michigan voters could ban affirmative action or whether it put minority members in michigan at a disadvantage and whether it made them jump a higher hurdle to change the state law than somebody who for example who wanted to change the admission policies on the legacies or the grade point averages or something else. the court rejected the challenge today, and said that michigan did not violate the constitution when it banned affirmative action and justice kennedy who wrote the lead opinion in the case said that the mind does not presume that some subjects are too divisive or profound for public debate. it was the supreme court's rule that set it in motion in 2003 when it upheld the affirmative action in school admissions at the university of michigan and then three years later 53% of michigan voters went to the polls and banned affirmative action, and the supreme court said that when michigan voters did that, they did not violate the constitution. >> i want to shift gears, because there is a number of things going on there today at the supreme court, and there is a case that pits the big companies against a start-up air owe, and this is involving big money. tell us about it. >> well, what aereo does is allow you to watch broadcast television over the mobile devices without paying a price, and they say it is theft, and violates the copyrights, but aereo says it is nothing different than hooking up an ten na on the home, and getting it that way, but they say it is a big difference, because they are taking it and selling it to customers without paying the network networks and point out that the cable companies and the satellite companies do pay the networks transmission fees which are huge money for the networks. so if the court rules in favor of aereo, potentially big changes in how television is deliver delivered. >> yes, it could change the way that we watch tv. thank you, pete williams live at the supreme court. >> thank you. and we are following new developments in the aftermath of the sinking ship off of the south korea coast last week as the divers are finding more ways to get into the ship, they are recovering the bodies at a much faster pace. at least 21 bodies were recovered earlier today, and the numberf of those killed stands at 104. a total of nine crew members have been arrested a on the family who owns the ship has been barred from leaving the country. we are learning more also about how the authorities were notified of the crippled ship. investiga investigators say that the first emergency call was made not by the crew, but a frightened boy who said, save us u , we are sinking. and meanwhile, the families held funerals for ten students who died. and there is a temporary memorial being held in the town where most of the victims attended high school. >> and we want to go to ukraine where vice president joe biden met with interim leaders in a high profile show of u.s. support. following the meetings, the vice president took aim at russia and accusing moscow of stoking the unrest in east e earn ukraine and despite the last week's agreement for the pro militia groups to surrender buildings in at least ten cities. >> we call for russia to stop hiding behind masks and sowing unrest in eastern ukraine. we have been scleer that more provocative behavior by russia is going to lead to more costs and to greater isolation. >> meanwhile, the ukrainian government says that the pro russian militias are not standing down, because they are russian troops and they gave the european monitors photographs to prove it. they claim that the militia men in those photos are the very same men that they used to take over crimea last month. let's bring in our national security correspondent karen from the "new york post." >> thank you. >> and kiev says that they show a russian takeover in disguise, but is that what is happening? is that what president putin is planning? >> well, i think that what the west is saying and the ukrainian government is saying is that we have seen this movie before, and we saw it in cry mimea where th were allegedly russian special fosts on the ground, and the russian government denied it, but of course sh, after that wa completed, president putin has acknowledged that in fact, they were russian forces. what the united states and its allies and the government of ukraine now charge is that the same thing is happening in eastern ukraine, that a group of russian special forces, soldiers, coming in and going from town to town, and mobilizing separatists and arming them and organizing them and telling them what to do and then moving on to the next town to take it over. >> as this plays out, we are hearing the tough talk from vice president biden today aimed at russia, and he also announced that the white house is putting together a $50 million aid package for ukraine, but i want to play senator mccain's reaction on "morning joe" this morning to vice president biden's comments. >> the vice president is saying if they continue to do this, what will we do? >> what should we do? >> plans for the energy, and give them weapons the defend themselves. >> give them weapons. >> defensive weapons, and that is what they are begging for. and accelerate them into the eu, and get the imf loan to them, and there is a broad range of options that we can do. >> all right. he says a broad range of the options, and what else can the u.s. do to help ukraine's government? >> well, i think that senator mccain and some of the other lawmakers have said that we should give the ukraine military weapons, and the administration is not really interested in doing that. the ukrainian military is not prepared. they don't want to provoke russia into having an excuse to send its troops across the border. right now, what they are looking for is to expand the sanctions against russia which is going to be happening later in the week unless the situation changes dramatically in the meantime. these are more sanctions against individuals who are senior company leaders and the government officials close to president putin, and the administration insisting that there is some evidence that this has started to affect the russian economy and not necessarily directly with the individuals, but because investors and foreign companies and the banks abroad simply don't want to be involved. they don't know what is coming down the line in terms of the sanctions, and they don't want to risk their money, and it is just viewed as too much of a risk at this point. >> all right. karen de jonge, thank you for your insight today, and we appreciate it. >> thank you. and also at this hour, president obama is on the way to washington state to tour the town of oso which was devastated by the mudslide last month. 41 people died in the mudslide that buried hundreds of homes. today, two people remain missing and this week, the final hospital patient injured in the slide was released. joining me from oso is jake wittenberg from our affiliate. thank you for being with us. >> sure. >> and the president will tour oso later today, and what is on the agenda, and who is he going to be meeting with? >> well, betty, the plan is for the president to land here at 11:30 pacific time, and there is a relatively low ceiling, but the plan is to get him into a helicopter and to fly over the debris pile for the first time, and then back to arlington we are told which is 20 miles from the slide and motorcade up to the small town of oso that is devastated by the loss here, and expected to meet with the families impacted and as well as the local responders at the chapel there, and tour the local fire hall which is ground zero for the response and the recovery effort, and then he is going to make a statement later in the afternoon. >> in terms of the recovery, where does that stand at this hour? >> welsh you know, things are starting to slow down as far as the recovery is. the snohomish county medical exam examiner has released numbers that 41 people have been placed in the number of the dead, and they have all been i.d.'d, and there is a sign that things are going to be starting to shift the gears and how the open the road and how to get the fema money to the families and the number of families coming to fema for help has been slowed down tremendously, and while we have seen the crews digging around looking for the two individuals who are missing, things have slowed down. >> and you are talking about a sign that things are shifting gears, the first damage claims have been filed and what is the latest with those? >> well, it is interesting. already one woman has file d a claim for damages $3.5 million claim against the county and the department of natural resources. she lost her husband in the slide. he was at home at the time, and she was working at a local hospital. and she claims that the kocount the state, department of natural resource knew that there was a danger and when they bought their house in 2011, there was no indication as far as they are concerned that there was any sort of a risk, and they are claiming that the information was not given to them, and she and the attorney are going to be talking to several other families who are looking to file cla claims as well, so this is certainly the indication of much puzier and messier times ahead when it comes the that. >> thank you, jake from our affiliate 5 there. and chicago's look at the weekend of gun violence having nine people taken over the weekend. a bloody weekend forced the feds to step in and tackle crime. a local pastor is stepping in to talk about the gun violence that is taking innocent lives. and a man who rode in a airplane wheel well, and his family is now speaking about the stunt and what may have caused him to do it. >> and a federal agency is having second thoughts about making this powder alcohol available to you. join the conversation on twitter, and you can find the team at "newsnation." 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>> yes, good morning, betty, first of all, but these drugs not taken for prolonged period of time is fine, but they can irritate the intestine to destroy the mew kos to protect frus the invaders of the environment. and these drugs make the intestine leakier, and so food stuff can come through the undigested and set up a immune response if you are genetically predisposed to gluten or celiac disease. >> and so this will destroy the lining and lead to disease and gluten sensitivity? >> yes, under normal circumstances, there are a lot of substances that come through the guts and some of them are friends like food stuff or foes like bacteria that can harm us, but even friends like the proteins of the food like gluten when they come through undigested, it can set up a immune response that leads to the collateral damage which is inflammation, and if you are to develop a immune response, you can have a number of reactions, and that is why it is so important to maintain a good function of the intestine. >> do you believe that there is a direct linkage of aspirin and ibuprofen to celiac disease? >> well, we don't have the undisputed proof with links to ibuprofen and aspirin, but we know it is a crucial step to develop iing the celiac disease so it is technically possible if we don't have the well designed prolonged studies that prove that is the case. >> and here is the problem, because it is also shown that these drugs can cause damage when taken in conjunction with exercise and explain how that happens, because people do exercise regularly, and they need the drugs the control the pain. >> yes, exercise, particularly prolonged exercise can inkrecre irritability, and it is byproducts of the prolonged exercise like yesterday with the for example the boston marathon, and that is well studied, but if you add on top of the prolonged exercise, the use of this drugs, and now you have an additive effect, and the double-digit if you wish to increase the permeability of the intestines to put you more at risk. but we are talking about prolonged exercise and e prolonged use of these drugs. >> so not to be alarmed yet, and we see a linkage, but it is not a definite at this point. >> acome et ploo i will agree. so if you have a regular exercise and everybody does and should have, and once in a while, you take the painkiller because your joint aches, that is just fine. but if you exercise strenuously for hours a day as professional athletes and regularly, you take the steroid from this family of drugs, that can be a problem. >> thank you, doctor, for breaking it down and we appreciate your insight. >> my pleasure. and when it comes to the tea party, some republicans say they have the edge in a series of primaries, but the democrats are also trying to influence those outcome outcomes. we will speak with msnbc's editor mark murray next. and a leopard on the loose. the frightening video is one that we are following around "newsnation." ke us look like amateurs. so i'm living in a world of tiny sweaters and dolphins and weird greasy mystery stains. i'm gonna get you. but this new tide ultra stain release has a crazy amount of cleaning power and a pre-treat zap! cap that helps me get out pretty much any stain. can i help? 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