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Cannot be patented. the case got a lot of attention because angelina jolie announced that she underwent a preventative mastectomy after finding out she carried that particular gene. mike saks, of the huffington post, a good friend of the weekend show. what does that mean going forward? >> if a company finds a naturally occurring human gene, brca one, brca 2, you just find it, isolate it? it's not good enough. you must find a meth to extract it that can be patented. but naturally occurring, you can't monopolize the market on it. >> let's talk about california prop 8 which bans same-sex marriage...

Refuses to defend proposition 8. that wave of national attitude that you've been describing applies to the elected officials as well. that might, ironically, give the supreme court a way of kicking that critical, fundamental question down the road while still advancing the ball through the doma case. >> i'm going to be a bit of a heretic and talk about the justices as political people for a second. i know they don't like to be talked about that way. i do tend to think of, especially the younger more conservative justices as being politically minded. justice roberts, in particular, as a young c...

Just as you describe puts it back into the national conversation. first and foremost, i think doma is going to be struck down. either an this theory that it violates the rights of same-sex couples or violates the states rights, if the state wants to recognize same-sex marriage, i think justice kennedy is sympathetic to the idea that congress can't overturn that judgment. proposition 8 it asks this very conservative supreme court, most conservative supreme court ever a lot to recognize a right to same-sex marriage. it looked like the center of the court was looking for some way out of deciding ...

Same sex marriages. but in the california proposition 8 case, the justices seem unlikely to require under the constitution every state to recognize same-sex marriage. the ruling may not be a huge gay rights victory at all, but i doubt it will be a significant loss either. >> reporter: another case involves the kind of genetic testing that led angelina joe lie to undergo a double mastectomy. the court is considering whether human genes can be patented. athena jones, cnn, washington. want to talk about theup coming decisions plus the week ahead in washington because it is a busy one for the pr...

Overturn or limit a major supreme court decision from ten years ago that allowed affirmative action. the justices are also dealing with another hot-button issue, same-sex marriage. >> a marriage is between one man and one woman. you guys won't accept it. >> reporter: considering whether california's proposition 8 ban is constitutional. and in a second case, if the defense of marriage act can deny same-sex couples the same federal benefits as heterosexual ones. >> i think it's going to be good. >> reporter: that case was brought by edith windsor, a new york woman who had to pay higher estate ta...