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Doing on don't ask, don't tell and they don't want to continue to answer for it. the president ran in 2008 as an opponents of gay marriage. he's now saying, the justice department is saying there is no reasonable defense of doma despite the fact they testified it for two years. you have a president who doesn't believe in gay marriage. and he's saying he's not going to defend a constitutional provision that has been found constitution albie lower courts despite the fact it's in complete accord with what he says he believes. bill: some are labeling it a flip. i guess just a month ago it was poli...

Precedent on this law. as such the president has decided there needs to be a heightened scrutiny of the constitutionality of this law. i think he's right to do this because in essence this law is indefensible. i think he and the a.g. have done correctly in saying the basis of this law is take away the same rights and privileges to gay and lesbian americans thatter americans enjoy. it's what equal protection under the constitution is designed to protect against. bill: you are saying the same thing when it comes to getting ahead of these court cases. but there is politics written all over this, ...

From hungary. divers continue to search today but so far no sign. the sightseeing boat called a duck boat that can travel on land and then into water is now said to be at the bottom of the river. officials say it had been adrift about 10 minutes with mechanical problems and a small fire when that barge hit it. the tour company has suspended duck boat operations across the nation but officials say the boat did not have a history of any problems. news from the future now. the national rifle association is about to start running an ad opposing elena kagan for the supreme court. here's a bit of it...

She said the episode was only six months as the dean. to judge totality of the experiences. >> i hope they will show is a person who listens to all sides, who is fair, temperate. >> in '90s, she recommended compromise on the procedure as partial birth abortion to avert ban and ait to continue. she reversed a ban on assault weapons that many consider threat to gun rights but she was unequivocal about the monday decision upholding the right to bear arms. >> that is binding precedent. that is settled law. >> senator feinstein noted that this and another gun ruling was decided by 5-4 vote and aske...

Court's decision, heller-mcdonald that the second amendment to the constitution secures a fundamental right for an individual to own a firearm, use it for self-defense in their home? >> there is no doubt, senator leahy. that is binding precedent entitled to all the respect of binding precedent in any case. so that is settled law. >> despite repeated questioning, kagan never answered how she personally feels about gun rights and the second amendment, shep. >> shepard: the question that seemed to trip her up a little bit was one of her own. a question she suggested years ago for supreme court no...