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They selected two. those two cases do give them a very broad front on which to act. but they can avoid the critical question of the equal protection of gay and lesbian couples because both cases involve so-called standing questions. these are questions of whether these parties have a right to present this case. probably the most serious standing questions are on the doma case and windsor case. the cases being defended by a group of republican members and it is not clear that they have actual standing to bring the case. so if the court says you don't have standing, then the e lower court would ...

We'd have many more jobs. >> you'd make the case we didn't spend enough on the economy? >> not only did we not spend enough, but we wasted 40% of it on tax cuts for small business, which is inherently savings and not stimulus. it was a real policy mistake. >> so considering where we are, and now 33 months of private sector job growth, is this historic? >> it's certainly we're going in the right direction, ed. we're not creating as many jobs as we need for the population growth, but it's astonishing we're recovering the way we are and if the republicans would stop creating the uncertainty, reme...

Republicans had allowed a bigger stimulus. we'd have many more jobs. >> you'd make the case we didn't spend enough on the economy? >> we wasted 40% of that on tax cuts for small business, which is inherently savings and not stimulus. it was a real policy mistake. is this historic? >> we're going in the right direction. we're not creating as many jobs as we need for the population growth, but it's astonishing we're recovering the way we are and if the republicans would stop creating the uncertainty, remember the uncertainty by not making a deal, we'd see the numbers improving very dramatically....

Criminalize homosexuality. that's how recent that was. and we have seen an evolution of the court that's been a bit slower than society as a whole. remember in the earlier decision that lawrence turned over, or overturned. justice powell told his clerk that he had never met a gay person in his life. that clerk was gay but he didn't know it. but it shows how far the court has come. but the question is has it gone far enough? it could come down, e again, to justice kennedy. >> what will each side -- what legal arguments will be made? what will really stand out here that will catch the attention ...

'09. who is responsible for this turnaround? >> absolutely the president. and it would be a better turnaround if the republicans had allowed a bigger stimulus. we'd have many more jobs. >> you'd make the case we didn't spend enough on the economy? >> not only did we not spend enough, but we wasted 40% of it on tax cuts for small business, which is inherently savings and not stimulus. it was a real policy mistake. >> so considering where we are, and now 33 months of private sector job growth, is this historic? >> it's certainly we're going in the right direction, ed. we're not creating as many ...