Dan Denninger News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Shirking our duty, quote, unquote, but not pointing out constitutional error. that's why justice scalia is so furious. >> collin, i know from -- >> that's -- sorry, i was just going to say, to elaborate on dan, that the irony. the effort to keep the court from seeming political or being a political hot button, end up with roberts choosing narrow routes that achieve a policy outcome but don't seem to be based deeply on the constitution. >> collin, give us an example here. give us a case where that happened where you think scalia was right and roberts settled for half a loaf that he shouldn't ha...

Well, new york state is new york state is shaping up to be the next front in the battle over teacher tenure and they are announcing last with school reform advocates announcing they will file a lawsuit saying it violates the constitutional right to a sound, basic education. it comes just weeks after a judge struck down california's tenure laws. and disproportionately harms poor and minority students. so, dan, this is a big deal, this california law. tell us what happened and why it matters. >> well, the lawsuit was brought challenging the california tenure system because they said it adverse...

Part of it. the contraception mandate is still being litigated next term we will probably see more rulings. but for now they have kind of resolved the larger question of whether there's this distinction between corporate forms. >> the simple factual matter, 90% of the population has access to birth control. >> is this political strategy going to work, dan? >> i do not think it will fly. first of all, hobby lobby is a fairly sympathetic player in this. it is not as though it's wal-mart. most women already have, like 90% have access to birth control, if they want it. >> subsidized. >> subsidized...