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Soon, a state judge will decide either to let the trial take place or to grant keenan's motion to dismiss the charges for good. >> so third trial, death is still on the table. >> right. their plan is to convict me and sentence me to death again. this is the prosecutor's case against me. now, i don't understand where they come up with 17,000 pages. but i know they don't have any evidence, because they didn't have any evidence on my co-defendant. he's been free and clear for two and a half years. 222 witnesses now for a case that's 23 years old. means they're taking people out of graveyards. it'...

When the administration talks, the justices listen. >> when you have the president of the united states, our highest elected officer taking such a strong stand on this issue, it does give the supreme court some incentive to strongly consider his position. >> they are going to be a lot of briefs filed. can you guarantee if the president of the united states tells solicitor general to file a brief that the justices are going to read it it. >> and while the administration's brief urges the justices to overturn california's ban on gay marriage. it doesn't go as far as asking for nationwide legaliz...

Same-sex marriage. >> this is a major state's rights issue. number of states have spoken. they put it in the constitution. how do we now just say we are going to ignore what the states have said and we are going to trump that. >> just last may, the president said he had not getten trechtly involved in the legal debate because it's, "a mistake to try to make what traditionally has be a state tissue a national issue." today's filing suggests the administration is now doing just that. the supreme court hears the case march 26, with a decision due by late june. bret? >> bret: thank you. the man ...

newspaper. here's part of the conversation. port authority, we ask you if all is well there. concord yeah, all is well. it's only a technical failure. >> port authority, how many people are on board? >> captain, 2, 300. >> port authority, how come so few people? are you on board? >> captain, no, i'm not on board because the ship is keeling. we've abandoned it. port authority, what? you've abandoned the ship? >> captain, no. what abandon? i'm here. a judge questions the captain at a closed hearing today. he's under arrest and he could be charged with manslaughter. dan rivers is live o...

Racial profiling and the obama administration sued, saying it violated the constitution by straying into an area that's a federal responsibility. but since arizona acted, five other states have passed tough immigration laws of their own. alabama, georgia, indiana, south carolina and utah. all say the federal government isn't adequately enforcing laws already on the books. >> this is the first time that the supreme court is looking at the power that the states have with respect to the apprehension and removal of noncitizens. >> reporter: alabama's has become the nation's toughest law. state lea...