PBS NewsHour; March 22, 2012 6:00pm-7:00pm PDT

Captioning sponsored by MacNEIL/LEHRER PRODUCTIONS

>> Brown: THE POLICE CHIEF IN SANFORD, FLORIDA STEPPED DOWN TEMPORARILY TODAY AS THOUSANDS OF PEOPLE RALLIED IN SUPPORT OF TRAYVON MARTIN, THE BLACK TEENAGER KILLED LAST MONTH. GOOD EVENING, I'M JEFFREY BROWN.

>> Woodruff: AND I'M JUDY WOODRUFF. ON THE "NEWSHOUR" TONIGHT, WE GET THE LATEST ON THE MOUNTING ANGER AROUND THE COUNTRY AND LOOK AT WHY THE INCIDENT HAS TOUCHED A NATIONAL NERVE.

>> Brown: THEN, RAY SUAREZ ASSESSES TROUBLES IN AFGHANISTAN AND PAKISTAN WITH AUTHOR AND JOURNALIST AHMED RASHID.

>> Woodruff: FROM OUR SERIES ON COPING WITH CLIMATE CHANGE, HARI SREENIVASAN REPORTS ON TWO TEXAS TOWNS FINDING DIFFERENT WAYS TO DEAL WITH RECORD HEAT AND DROUGHT.

>> I NEVER TAKE A BATH, TAKE SHOWER, WASH A LOAD OF CLOTHES THAT I DON'T THINK "SAVE WATER." ALL THOSE THINGS THAT MAYBE PEOPLE IN WETTER AREAS DO, WE DON'T.

>> Brown: AND WE PREVIEW NEXT WEEK'S HEALTH CARE ARGUMENTS FACING THE SUPREME COURT WITH MARCIA COYLE AND SUSAN DENTZER.

>> Brown: THAT'S ALL AHEAD ON TONIGHT'S "NEWSHOUR." MAJOR FUNDING FOR THE PBS NEWSHOUR HAS BEEN PROVIDED BY:

>> AND BY THE BILL AND MELINDA GATES FOUNDATION. DEDICATED TO THE IDEA THAT ALL PEOPLE DESERVE THE CHANCE TO LIVE A HEALTHY PRODUCTIVE LIFE. AND WITH THE ONGOING SUPPORT OF THESE INSTITUTIONS AND FOUNDATIONS. AND... THIS PROGRAM WAS MADE POSSIBLE BY THE CORPORATION FOR PUBLIC BROADCASTING. AND BY CONTRIBUTIONS TO YOUR PBS STATION FROM VIEWERS LIKE YOU. THANK YOU.

>> Brown: THE SHOOTING DEATH OF A BLACK YOUTH IN FLORIDA SENT OUT NEW SHOCK WAVES TODAY. THEY REVERBERATED FROM PROTESTERS TO POLICE AS PUBLIC OUTRAGE GREW, ALONG WITH DEMANDS FOR ACTION. PEOPLE AT ATLANTA-AREA CHURCHES BOARDED BUSES IN THE EARLY MORNING HOURS, FOR THE LONG DRIVE TO SANFORD, IN CENTRAL FLORIDA. THEY WERE AMONG THOUSANDS EXPECTED AT A RALLY TONIGHT, DEMANDING JUSTICE FOR THE KILLING OF TRAYVON MARTIN, AN UNARMED BLACK TEENAGER.

>> WE ARE TRYING TO FIND JUSTICE. I AM TRAYVON MARTIN. WE ARE ALL TRAYVON MARTIN.

>> Brown: CIVIL RIGHTS LEADER AL SHARPTON ORIGINALLY PLANNED THE RALLY FOR A 400-SEAT CHURCH, BUT ORGANIZERS MOVED TO A LOCAL PARK TO ACCOMMODATE THE EXPECTED CROWD. IT WAS ALL EVIDENCE OF HOW ANGER OVER THE MARTIN KILLING HAS SPREAD. THE 17-YEAR-OLD WAS VISITING FAMILY IN THIS GATED COMMUNITY LAST MONTH, WHEN HE WALKED TO A NEARBY STORE. HE WAS FOLLOWED BY GEORGE ZIMMERMAN, A NEIGHBORHOOD WATCH VOLUNTEER WHO REPORTED SOMEONE SUSPICIOUS IN A HOODED SWEATSHIRT. ZIMMERMAN ADMITS SHOOTING MARTIN, BUT SAYS HE ACTED IN SELF-DEFENSE. HE TOLD POLICE HE HAD GIVEN UP THE CHASE WHEN THE TEEN ATTACKED HIM. TO DATE, HE HAS NOT BEEN CHARGED.

>> NO JUSTICE, NO PEACE!

>> Brown: THAT DECISION HAS FUELED PROTESTS, BUT SANFORD POLICE INSISTED THEY COULD NOT ARREST ZIMMERMAN UNDER FLORIDA'S "STAND YOUR GROUND" LAW, ALLOWING DEADLY FORCE BY CIVILIANS, IN SOME CIRCUMSTANCES. IN A STATEMENT LAST NIGHT, POLICE CHIEF BILL LEE DEFENDED THE INVESTIGATION, AND SAID: AT THE SAME TIME, THE CITY COMMISSION VOTED NO CONFIDENCE IN THE POLICE CHIEF.

>> I WOULD ASK THE CHIEF TO STEP DOWN AT THIS POINT.

>> Brown: AND TODAY, THE CHIEF DID JUST THAT.

>> IT IS APPARENT THAT MY INVOLVEMENT IN THIS MATTER IS OVERSHADOWING THE PROCESS. THEREFORE, I HAVE COME TO THE DECISION THAT I MUST TEMPORARILY REMOVE MYSELF FROM THE POSITION AS POLICE CHIEF OF THE CITY OF SANFORD.

>> Brown: MEANWHILE, AN ONLINE CAMPAIGN FOR ACTION HAS GAINED MOMENTUM. A FACEBOOK PAGE "JUSTICE FOR TRAYVON MARTIN" AND A WEBSITE "I AM TRAYVON MARTIN" ENCOURAGE READERS TO SUBMIT PHOTOS OF THEMSELVES IN HOODED SWEATSHIRTS, WITH THE QUESTION "DO I LOOK SUSPICIOUS?" ANOTHER FACEBOOK PAGE ORGANIZED THE MILLION HOODIES MARCH FOR TRAYVON MARTIN IN NEW YORK CITY LAST NIGHT.

>> WE ARE TRAYVON MARTIN! WE ARE TRAYVON MARTIN!

>> Brown: THE EVENT BROUGHT OUT THE WEBSITE change.org IS OFFERING AN ONLINE PETITION DEMANDING ZIMMERMAN'S ARREST. SO FAR, IT HAS WELL OVER ONE MILLION SIGNATURES. AND, NOW, TWO INVESTIGATIONS ARE UNDER WAY. A STATE GRAND JURY CONVENES NEXT MONTH. AND TRAYVON MARTIN'S FAMILY MET TODAY WITH U.S. JUSTICE DEPARTMENT OFFICIALS, WHO'VE BEGUN A PROBE OF POSSIBLE CIVIL RIGHTS VIOLATIONS.

>> THIS IS A TEMPORARY STEPDOWN. IT DOESN'T MEAN ANYTHING. WE WANT AN ARREST, WE WANT A CONVICTION FOR THE MURDER OF OUR SON.

>> Suarez: IT WAS UNCLEAR HOW LONG THE STATE AND FEDERAL INVESTIGATIONS WOULD TAKE TO REACH THEIR CONCLUSIONS. FOR MORE ON THE ISSUES THAT HAVE SPARKED A NATIONAL CONVERSATION, WE TURN TO TA-NEHISI COATES, A SENIOR EDITOR FOR "THE ATLANTIC." REIHAN SALAM, A COLUMNIST FOR "THE DAILY," A NEWSPAPER FOR THE iPAD AND LEAD WRITER OF THE AGENDA BLOG AT "NATIONAL REVIEW" ONLINE. DONNA BRITT IS THE AUTHOR OF THE BOOK "BROTHERS AND ME," WHICH IS IN PART ABOUT THE SHOOTING DEATH OF HER BROTHER BY POLICE IN GARY, INDIANA. SHE'S A FORMER SYNDICATED COLUMNIST FOR THE "WASHINGTON POST." AND, FLORIDA STATE REPRESENTATIVE DENNIS BAXLEY IS A REPUBLICAN LEGISLATOR WHO CO- AUTHORED THAT STATE'S SO-CALLED "STAND YOUR GROUND LAW." HE JOINS US FROM ORLANDO. TA-NEHISI COATES, I'LL START WITH YOU. THERE'S BEEN A LOT OF CALLS FOR THE POLICE CHIEF TO STEP DOWN, HE'S DONE THAT AT LEAST TEMPORARILY NOW. WHAT'S YOUR REACTION?

>> I THINK IT'S A GOOD FIRST STEP. I THINK OVER THE LONG TERM WE'LL HAVE TO SEE HOW MUCH IT ACTUALLY MEANS FOR THE INVESTIGATION. I THINK WHAT'S IMPORTANT IS THAT PEOPLE WERE NOT SIMPLY CALLING FOR HIM TO STEP DOWN JUST BECAUSE THERE HAS NOT BEEN AN ARREST. PEOPLE WERE CALLING FOR HIM TO STEP DOWN BECAUSE THEY WERE VASTLY AND, IN MY OPINION, LEGITIMATELY DISPLEASED WITH HOW THIS INVESTIGATION TOOK PLACE. IT WAS JUST A VERY SHODDY JOB AND I THINK THIS IS ABOUT THE ABSOLUTE LEAST THAT COULD BE DONE SO FAR.

>> Suarez: DENNIS BACKSLY, WHAT'S YOUR REACTION TO THE LATEST DEVELOPMENT?

>> WELL, I THINK SOMETHING HAD TO HAPPEN IN RESPONSE TO THE OUTRAGE THAT'S OCCURRED. I THINK AT FIRST OF ALL WE SIMPLY WANT TO EXPRESS EMPATHY AND CONDOLENCES TO THIS FAMILY WHO IS HURTING. FROM THIS POINT FORWARD I THINK WE CAN HAVE A LOT OF CONFIDENCE IN WHAT WE'LL LEARN FROM THE GRAND JURY.

>> Suarez: DONNA BRITT, THE KILLING HAPPENED A MONTH AGO AND ONE OF THE REASONS IT SEEMS TO HAVE BECOME A NATIONAL ISSUE IS SOMETHING YOU WROTE ABOUT A LONG TIME AGO CALLED REQUEST PRESIDENT TALK" THAT A BLACK MOTHER HAS WITH HER YOUNG SON. EXPLAIN THAT.

>> MY OLDEST SON HAD JUST TURNED 12 AND I KNEW THAT HE WAS SHIFTING FROM BEING ADORABLE AND SWEET AND CUTE INTO SOMETHING THAT COULD BE PERCEIVED AS THREATENING AND FRIGHTENING TO PEOPLE WHO HAVE NO IDEA WHO HE REALLY WAS AND SO AT THAT POINT NO ONE CALLED IT "THE TALK," I JUST KNEW WE HAD TO SIT DOWN AND DISCUSS WHAT WAS PROPER FOR HIM TO STAY SAFE AND WHAT WAS NOT. WHAT KIND OF BEHAVIOR MIGHT GET HIM HURT AND WHAT KIND MIGHT KEEP HIM SAFE.

>> Brown: YOU SEE THAT CLEARLY PLAYING INTO THE ISSUES OF WHAT'S HAPPENING.

>> VERY MUCH, ALTHOUGH I DON'T KNOW WHAT THIS CHILD COULD HAVE DONE TO BE SAFE EXCEPT NOT BE BLACK.

>> Brown: REIHAN SALAAM, WHY DO YOU THINK IT'S BECOME A NATIONAL ISSUE IN

>> I THINK IT'S ABSOLUTELY FASCINATING. WHEN YOU THINK ABOUT HOW THERE HAS BEEN AN OUTPOURING OF GRIEF NOT JUST IN SANFORD, FLORIDA, BUT THROUGHOUT THE COUNTRY AND THE FACT THAT THERE WAS A NEAR SPONTANEOUS ERUPTION, YOU HAD A HUGE PEOPLE SO PASSIONATE ABOUT THIS INCIDENT THAT THEY CAME OUT INCLUDING TA-NEHISI, I BELIEVE, IN NEW YORK CITY LAST NIGHT. AND THIS PARTLY REFLECT THAT YOU HAVE NEW ORGANIZING ENERGY IN THIS COUNTRY ON A WIDE RANGE OF ISSUES AND IT'S PARTLY BECAUSE, AS DONNA SUGGESTS, THIS IS PART OF A LARGER AMERICAN STORY. AND PART OF WHAT I FIND SO ENCOURAGING IS THAT FOLKS LIKE DENNIS BACKSLY AND THE GOVERNOR OF FLORIDA HAVE THEMSELVES SAID THAT WAIT A SECOND, WE NEED TO RETHINK THIS LAW, WE NEED TO REVISIT THIS. SO IN A WAY THERE ARE SOME... LOOK, THE SHOOTING IS A PRO FOUND TRAGEDY AND THERE'S MORE WE NEED TO LEARN BUT THIS CONVERSATION HASN'T BEEN TOTALLY POLARIZED. AT LEAST NOT YET.

>> Brown: TA-NEHISI COATES, PICK UP ON THAT. THERE'S A LARGER AMERICAN STORY, YOU STARTED TO TALK ABOUT THAT EARLIER. IS THERE SOMETHING POTENTIALLY BENEFICIAL SO FAR OR NOT AT THIS POINT?

>> >> I WOULD AGREE WITH REIHAN. I THINK A SIGNIFICANT PART OF THIS IS, LIKE DONNA, A LOT OF US IN THE AFRICAN AMERICAN COMMUNITY HAVE HAD FRIENDS, RELATIVES WHO'VE EXPERIENCED SOME SORT OF NEGATIVE ENCOUNTER, SOME OF THEM LETHAL WITH A FRIEND. I HAVE A FRIEND FROM HOWARD UNIVERSITY WHERE I WENT TO SCHOOL WHO'S LIKE THAT. I THINK THE DIFFERENCE IS YOU HAVE AN ACTUAL CHILD. YOU HAVE A 17-YEAR-OLD KID. I THINK AT A BASE LEVEL EVERYBODY CAN RELATE TO SENDING THEIR CHILD OUT TO THE STORE FOR A BAG OF SKITTLES, AN ARIZONA ICED TEA HOPING TO ENJOY THE AFTERNOON, WATCHING THE ALL-STAR GAME WITH HIS PARENTS, WITH HIS FATHER WHO WAS PRESENT IN HIS LIFE. DONNA ALLUDED EARL DWRIR "THE TALK" AND AS SHE SAID, THERE'S VERY LITTLE HE COULD HAVE DONE DIFFERENTLY FROM WHAT WE KNOW THUS FAR. I THINK A LOT OF US CAN EMPATHIZE WITH BEING AFRAID, WITH SEEING SOMEBODY FOLLOWING YOU IN A TRUCK, COMING OUT TO PURSUE YOU IN A TRUCK AGAINST THE DISPATCHER'S INSTRUCTIONS AND WHEN YOU PUT YOURSELF IN TRAYVON'S SHOES, BEING 17 YEARS OLD, I KNOW THERE'S VERY LITTLE THAT I COULD IMAGINE MYSELF DOING DIFFERENT. BROWN BUP AND THIS CASE, OF COURSE, DID NOT INVOLVE A POLICE SHOOTING BUT YOU'RE PUTTING IT INTO A LARGER CONTEXT.

>> RIGHT. AND I THINK JUST TO PICK UP ON THAT, IT WAS A NEIGHBORHOOD WATCH PERSON WHO I BELIEVE THE NATIONAL NEIGHBORHOOD WATCH ORGANIZATION IS SAYING IT WASN'T EVEN REGISTERED WITH THEM. SO YOU'RE JUST TALKING ABOUT SOMETHING CLAIMING AUTHORITY OVER A PLACE.

>> Brown: DENNIS BACKSLY, MUCH OF THE ATTENTION HAS FOCUSED ON THIS "STRAND YOUR GROUND" LAW WHICH YOU HELPED TO WRITE. DOES IT CALL INTO QUESTION THE LAW? IN MANY PEOPLE'S MIND IT HAS. WHAT DO YOU THINK?

>> WELL, MOST OF THE CRITICS HAVE PROBABLY NOT READ THE STATUTE, UNFORTUNATELY, AND SOME HAVE. I KNOW MY INTENT WITH THE LEGISLATION WAS TO EMPOWER LAW-ABIDING CITIZENS TO STOP VIOLENT THINGS FROM HAPPENING AND SINCE '05 TO 2012 WE HAVE SEEN A SIGNIFICANT REDUCTION IN VIOLENT CRIME IN FLORIDA. AND IF YOU EMPOWER PEOPLE TO STOP BAD THINGS FROM HAPPEN THEY DO AND THEY WILL AND THEY HAVE.

>> Brown: OF COURSE THE CRITICISM...

>> THIS KIND OF VERY UNFORTUNATE SITUATION I THINK IS A MISAPPLICATION OF THIS STATUTE BECAUSE I $'S NOTHING IN THAT STATUTE THAT AUTHORIZES ANYBODY TO PURSUE AND CONFRONT PEOPLE ON THE STREET, AND WE ALL KNOW THAT WOULD ACCELERATE IN CIRCUMSTANCES. I ALSO HAVE QUESTIONS ABOUT WHY A CRIME WATCH INDIVIDUAL WOULD BE CARRYING A FIREARM IN THAT ROLE BECAUSE THAT, AGAIN, IS AN ACCELERATOR FOR THAT ENVIRONMENT BUT THE MAIN THING IS I DON'T WANT PEOPLE TO ATTACK THE STATUTE WHICH I THINK HAS SAVED THOUSANDS OF PEOPLE'S LIVES. I WANT US TO LOOK AT THE UNDERLYING ISSUE AND I THINK WE'RE STARTING TO SEE THERE ARE BIGGER ISSUES HERE ABOUT THE STEREOTYPING AND THE TENSION, THE EMOTIONAL TENSION AND, OF COURSE, WE'RE ALL VERY EMOTIONAL ABOUT A CHILD LOSING THEIR LIFE IN SUCH A NEEDLESS WAY.

>> Brown: DONNA BRITT, YOUR THOUGHTS ON THE LAW?

>> I HAVEN'T READ THE LAW AND SO I CAN'T COMMENT. I JUST KNOW THAT THIS PERSON FELT EMPOWERED TO BEHAVE THIS WAY AND AS LONG AS HUMAN BEINGS ARE AS FLAWED AS THEY ARE THEY WILL BEHAVE IN FLAWED WAYS. THIS PERSON, THIS SELF-APPOINTED SORT OF VIGILANTE WENT AFTER A KID... AND THANK GOD HE LOOKS LIKE A KID. HE LOOKS LIKE SOMEONE YOUNG AND VULNERABLE AND WHO MATTERS AND IT'S PART OF THE REASON PEOPLE HAVE RESPONDED SO MUCH AND THERE ARE COUNTLESS PEOPLE WHOSE NAMES YOU DON'T KNOW. MY BROTHER WAS KILLED BY POLICE IN A VERY DISTURBING AND INCOMPREHENSIBLE CIRCUMSTANCES 30 YEARS AGO AND THERE WAS NO OUTPORING OF EMOTION OR OF ATTENTION SO LOOKING AT THIS LAW LOOKING AT ANYTHING THAT WOULD HELP EMPOWER SOMEONE TO BEHAVE THE WAY THIS MAN DID IT'S IMPORTANT TO DO THAT AND NOT PRETEND THINGS LIKE THIS AREN'T GOING TO HAPPEN.

>> Suarez:.

>> Brown: REIHAN SALAM, DO YOU WANT TO WEIGH IN ON THE FLORIDA LAW?

>> I'M SYMPATHETIC TO WHAT BOTH DONNA AND DENNIS BAXLEY HAS SAID I THINK THE LAW ITSELF WAS DESIGNED TO PROTECT PEOPLE WHO ARE THE VICTIMS OF CRIME AND SADLY THE VICTIMS OF CRIME ARE DISPROPORTIONATELY PEOPLE WHO COME FROM MINORITY BACKGROUNDS WHO ARE OFTEN TIMES IGNORED BY THE LAW WHO OFTEN TIMES FIND THEMSELVES ON THE WRONG SIDE OF LAW WHEN THEY WERE DEFENDING THEMSELVES. NOW THE PROBLEM ON THE OTHER HAND, AS BAXLEY HAD SAID, IS THAT, LOOK, WE DO HAVE THIS PERVASIVE STEREOTYPE ABOUT YOUNG BLACK MEN WHICH IS SOMETHING THAT REALLY DOESS SCHRALT SOME OF THESE SITUATIONS AND REALLY DOES POISON THE ATMOSPHERE. IS THE PROBLEM IS THAT THE LAW ITSELF, IT'S NOT CLEAR THAT THE LAW IS THE REASON FOR THATT. LAW IS SOMETHING THAT PERHAPS WE CAN REVISIT, PERHAPS THERE'S SOME THINGS WE MIGHT CHANGE TO CLARIFY THE LAW BUT THE REAL PROBLEM IS I WOULD ARGUE THIS MUCH MORE PERVASIVE CULTURAL PROBLEM IN WHICH THERE IS THIS DEEP DISTRUST TOWARD A HUGE NUMBER OF AMERICANS WHO, THROUGH NO FAULT OF THEIR OWN, ARE OFTEN TIMES THE OBJECT OF SUSPICION.

>> IF I COULD MAKE A QUICK COMMENT ON THE LAW-- BECAUSE I THINK THIS IS IMPORTANT-- THERE WAS A CASE THIS WEEK THROWN OUT BY A JUDGE WHERE A GENTLEMAN FOUND SOMEBODY STEALING A RADIO OUT OF HIS TRUCK. HE CAME DOWN, STOPPED THE PERSON CHASED THE GUY DOWN AND STABBED HIM TO DEATH. I THINK WE CAN ALL EMPATHIZE WITH THE NOTION OF WANTING TO DEFEND OURSELVES FROM CRIME. MY GREAT CONCERN IS THAT A NUMBER OF CASES BESIDES TRAYVON MARTIN WHERE PROSECUTORS, COPS VERY CONCERNED ABOUT THIS LAW AND THE BROADWAY IT'S BEING IMPLEMENTED. IF YOU HAVE A NUMBER OF CASES LIKE THAT IT SEEMS TO ME IT CALLS INTO QUESTION HOW THE LAW WAS WRITTEN.

>> Suarez:.

>> Brown: DENNIS BAXLEY, DO YOU WANT TO COME BACK WITH WHAT YOU'VE JUST HEARD THAT

>> YES, I THINK CHALLENGE FOR ME IS TO PROTECT THE STATUTE THAT I THINK PRESERVES LIFE AND EMPOWERS PEOPLE TO TAKE CHARGE OF THEIR OWN LIVES, ALL KINDS OF PEOPLE WHO ARE IN SITUATIONS TO BE ATTACKED AND I DON'T WANT TO LOSE THAT OR DILUTE THAT IN THE PROCESS. I THINK WE MAY NEED OTHER KIND OF LEGISLATION LIKE DEFINING WHAT CRIME WATCH CAN DO. BUT IN THIS STATUTE THERE'S NOTHING THAT AUTHORIZES PEOPLE TO PURSUE AND CONFRONT AND THAT'S WHY I'VE BEEN VERY CONCERNED ABOUT IT. I THINK IT GIVES A LOT OF RESPONSIBILITY ON THE PART OF THE INDIVIDUAL AND A LOT OF EMPOWERMENT TO SAY YOU MAKE THAT DECISION, YOU HAVE A FEW SECONDS TO RESPOND WHEN YOU BELIEVE YOUR LIFE IS IN PERIL AND AT THAT POINT YOU ARE AUTHORIZED TO MAKE A DECISION TO USE FORCE-- INCLUDING DEADLY FORCE, IF NECESSARY-- TO PROTECT YOU AND YOUR FAMILY. WE LIVE IN A VIOLENT AGE AND A LOT OF IT THESE DO WITH SOMETHING WE DON'T ACKNOWLEDGE ANYMORE AND THAT'S THE SUBSTANCE ABUSE PROBLEM AND WE KNOW ADDICTED PEOPLE WILL SACRIFICE THEMSELVES, THEIR FAMILIES, AND ANYONE ELSE TO THAT ADDICTION AND THAT'S AN ENVIRONMENT PART OF THIS CULTURE EVEN IF YOU DECRIMINALIZED IT THE USE OF THESE THINGS AND THE ADDICTION IS PART OF THIS DANGEROUS ENVIRONMENT AND THEN THROUGH ALL THE MEDIA WE HAVE SEEN AND ELEVATED LEVEL OF VIOLENCE. IT USED TO BE A WRESTLING OR A PUSHING OR FISTFIGHT. NOW THE TYPES OF THINGS THAT THEY'VE SEEN IN THE MEDIA OVER THE TIME OF THEIR CHILDHOOD, PEOPLE ARE MORE DESTRUCTIVE AND COMPLETE IN TERMS OF THE KINDS OF CONFLICTS THAT YOU SEE. IT DOES MAKE IT MORE DANGEROUS FOR EVERYONE.

>> Pelley: BRIEF LAST WORD, DONNA BRITT, WHAT DO YOU WANT TO SEE HAPPEN NEXT?

>> WHEN PEOPLE... HE'S TALKING ABOUT VIOLENCE AND ABOUT FEAR AND THAT'S EXACTLY THE KIND OF TALK THAT MAKES PEOPLE MORE FEARFUL AND MAKES THEM MORE HAIR-TRIGGER AND TO ME ENCOURAGES THE KIND OF THOUGHTLESS, CRUEL, OVERREACTION THAT HAPPENED IN FLORIDA. THE LARGER QUESTION IS WHAT MOTIVATES US TO BEHAVE IN THE WAYS WE WANT TO BEHAVE.

>> Pelley: ALL RIGHT, DONNA BRITT, TA-NEHISI COATES, REIHAN SALAN AND FLORIDA REPRESENTATIVE DENNIS MAXLY, THANK YOU ALL VERY MUCH.

>> Woodruff: STILL TO COME ON THE "NEWSHOUR": PERSPECTIVE ON AFGHANISTAN AND PAKISTAN; SCORCHING HEAT AND RECORD DROUGHT IN TEXAS AND THE HEALTH CARE LAW TAKES CENTER STAGE. BUT FIRST, THE OTHER NEWS OF THE DAY. HERE'S HARI SREENIVASAN.

>> Sreenivasan: A STANDOFF IN FRANCE ENDED IN A BARRAGE OF BULLETS TODAY AFTER 32 HOURS, POLICE SHOT DEAD A GUNMAN WHO CLAIMED AL-QAEDA TIES, AND WHO BOASTED OF KILLING SEVEN PEOPLE INCLUDING THREE PARATROOPERS, THREE JEWISH SCHOOLCHILDREN AND A RABBI. WE HAVE A REPORT FROM JONATHAN RUGMAN OF "INDEPENDENT TELEVISION NEWS."

>> Reporter: AT 11:30 THIS MORNING A FIREFIGHT BROKE OUT IN THE RUE SERGENT VIGNE. SO FEROCIOUS THAT IT LASTED ALMOST FIVE MINUTES, AS SECURITY FORCES STORMED THE APARTMENT WHERE MOHAMMED MERAH HAD BEEN HOLED UP FOR MORE THAN 32 HOURS. A ROOM TO ROOM SEARCH WITH VIDEO CAMERAS HAD REVEALED NOTHING. BUT SUDDENLY MERAH BURST OUT OF THE BATHROOM WEARING A BULLET PROOF VEST AND FIRED THIRTY BULLETS FROM HIS COLT 45 PISTOL INJURING TWO POLICEMEN A STRETCHER WAS READIED. MERAH HAD BEEN SHOT IN THE HEAD BY A MARKSMAN AS HE TRIED TO

>> ( translated ): THE KILLER LEFT THE BATHROOM WITH EXTREME VIOLENCE WITH MANY BURSTS OF GUNFIRE, THEN AT THE END MERAH JUMPED FROM A WINDOW WITH A WEAPON IN HIS HAND AND CONTINUED TO SHOOT. HE WAS FOUND DEAD ON THE GROUND.

>> Reporter: THE POLICE HAD HOPED TO END IT PEACEFULLY, INSTEAD HE WENT DOWN IN A HAIL OF GUNFIRE. THIS WAS MERAH FILMED BY A FRIEND JUST 18 MONTHS AGO. "WATCH THIS, AWESOME," HE SAYS. A SMILING YOUNG MAN PERFORMING CAR STUNTS, THE SAME MAN WHO CONFESSED TO POLICE YESTERDAY THAT HE WAS ONLY SORRY HE HADN'T HAD THE CHANCE TO KILL MORE THAN THE SEVEN PEOPLE HE HAD SHOT SO FAR. THIS AFTERNOON MERAH'S BODY WAS TAKEN AWAY FOR FORENSIC EXAMINATION THAT HAS STUNNED NATION ASKED ITS HOW ONE OF ITS OWN CITIZENS COULD TURN FROM PETTY CRIME TO JIHAD AND COMMIT FRANCE'S WORST ACT OF TERRORISM IN WELL OVER A DECADE.

>> Sreenivasan: ONE OF THE FEW ESTABLISHED DEMOCRACIES IN AFRICA HAS FALLEN IN A MILITARY COUP. DRUNKEN SOLDIERS LOOTED THE PRESIDENTIAL PALACE IN MALI TODAY, JUST A MONTH BEFORE PRESIDENT AMADOU TOUMANI TOURE WAS DUE TO LEAVE OFFICE. HIS WHEREABOUTS WERE UNKNOWN. THE COUP BEGAN YESTERDAY AT A MILITARY CAMP NEAR BAMAKO, THE CAPITAL. RIOTING THEN SPREAD TO THE NORTHERN TOWN OF GAO. BY DAWN TODAY, A GROUP OF SOLDIERS APPEARED ON STATE TELEVISION SAYING THEY WERE IN CONTROL. THEY INSISTED THEY WOULD HAND OVER POWER TO AN ELECTED GOVERNMENT ONCE NATIONAL UNITY IS ESTABLISHED. IN YEMEN, AN AL QAEDA OFFSHOOT CLAIMED IT KILLED AN AMERICAN TEACHER ON SUNDAY. JOEL SHRUM WAS GUNNED DOWN IN THE CENTRAL CITY OF TAIZ, WHERE HE LIVED WITH HIS WIFE AND TWO SONS, AND TAUGHT ENGLISH. AN AL-QAEDA POSTING ON A MILITANT WEBSITE ACCUSED SHRUM OF TRYING TO SPREAD CHRISTIANITY. BUT HUNDREDS OF YOUNG YEMENIS MARCHED IN TAIZ ON TUESDAY, DEMANDING THE KILLERS BE CAUGHT AND PUNISHED. THE U.S. HOUSE OF REPRESENTATIVES VOTED TODAY TO ABOLISH A MEDICARE COST-CONTROL BOARD THAT'S PART OF THE PRESIDENT'S HEALTH CARE LAW. THE BOARD'S MEMBERS HAVE NOT YET BEEN APPOINTED. BUT ITS MISSION IS TO REIN IN MEDICARE SPENDING BY FORCING CUTS ON SERVICE PROVIDERS. THE REPUBLICAN MAJORITY IN THE HOUSE ARGUED THAT'S AKIN TO RATIONING CARE. THE VOTE WAS ALONG PARTY LINES. PIPELINE POLITICS DOMINATED PRESIDENT OBAMA'S DAY. IN CUSHING, OKLAHOMA, HE ANNOUNCED PLANS TO EXPEDITE APPROVAL OF A LINE TRANSPORTING OIL FROM OKLAHOMA TO THE TEXAS GULF COAST.

>> THERE'S A BOTTLENECK RIGHT HERE BECAUSE WE CAN'T GET ENOUGH OF THE OIL TO OUR REFINERIES FAST ENOUGH. AND IF WE COULD, THEN WE WOULD BE ABLE TO INCREASE OUR OIL SUPPLIES AT A TIME WHEN THEY'RE NEEDED AS MUCH AS POSSIBLE.

>> Sreenivasan: THE PROJECT IS THE SOUTHERN PORTION OF THE LARGER KEYSTONE X.L. PIPELINE THAT THE PRESIDENT DELAYED IN JANUARY. REPUBLICAN LEADERS SAID TODAY'S ANNOUNCEMENT WON'T MAKE UP FOR THAT DECISION. RISING DEMAND FOR ANOTHER CRITICAL RESOURCE-- WATER-- COULD LEAD TO WARS IN SOME REGIONS OF THE WORLD. U.S. INTELLIGENCE AGENCIES REACHED THAT CONCLUSION IN A REPORT ISSUED TODAY. THEY FOUND THE USE OF WATER AS A WEAPON OR A TOOL OF TERROR WILL BECOME MORE LIKELY AFTER 2022. THE INTELLIGENCE ESTIMATE SAID NATIONS IN SOUTH ASIA, THE MIDDLE EAST AND NORTH AFRICA WOULD BE AT GREATEST RISK. WALL STREET WOBBLED TODAY OVER CONCERNS THAT GROWTH IN CHINA AND EUROPE IS SLOWING DOWN. THE DOW JONES INDUSTRIAL AVERAGE LOST 78 POINTS TO CLOSE AT 13,46. THE NASDAQ FELL 12 POINTS TO CLOSE AT 3,063. THE LOS ANGELES COUNTY CORONER'S OFFICE RELEASED A REPORT SAYING WHITNEY HOUSTON'S DEATH WAS ACCIDENTAL DROWNING. THEY SAID COCAINE USE ALSO CONTRIBUTED TO HER DEATH. SHE WAS FOUND DEAD ON FEBRUARY 12. THOSE ARE SOME OF THE DAY'S MAJOR STORIES. NOW, BACK TO JUDY.

>> Woodruff: THE TROUBLED WAR IN AFGHANISTAN AND TERRORIST SPILLOVERS AROUND THE WORLD. RAY SUAREZ HAS THE STORY. THE MAN COMMANDING U.S. AND NATO TROOPS IN AFGHANISTAN WAS FAR AWAY FROM THE BATTLEFIELD TODAY. MARINE GENERAL JOHN ALLEN TESTIFIED AT HIS SECOND CONGRESSIONAL HEARING THIS WEEK.

>> MY OPINION IS THAT WE WILL NEED SIGNIFICANT COMBAT POWER IN 2013.

>> Suarez: ALLEN TOLD THE SENATE ARMED SERVICES COMMITTEE THAT KEEPING 68,000 AMERICANS ON THE GROUND IS A GOOD IDEA, DOWN FROM 90,000 NOW. BUT HE ACKNOWLEDGED AGAIN THAT THE KILLING OF 17 AFGHAN CIVILIANS, ALLEGEDLY BY A U.S. SOLDIER, AND OTHER RECENT INCIDENTS HAVE STRAINED RELATIONS WITH THE AFGHANS.

>> THESE EVENTS, IN MANY RESPECTS, HAVE STRUCK A BLOW AT THE CORE OF THE RELATIONSHIP.

>> Suarez: THERE'S ALSO BEEN A WAR OF WORDS WITH AFGHAN PRESIDENT HAMID KARZAI, WHO AT ONE POINT COMPARED THE U.S. TO A DEMON. AS TO THAT, THE GENERAL SAID:

>> THESE INCIDENTS CAN'T BE IGNORED, AND HE HAS TO EXPLAIN THOSE INCIDENTS TO HIS OWN POPULATION. NOW, SOME OF THE TERMS THAT HE HAS USED I REJECT. I REJECT THE USE OF THE WORD "DEMON." I UNDERSTAND WHY, IN FRUSTRATION AND IN ANGER, THOSE WORDS CAN COME OUT. BUT ON BEHALF OF OUR FORCES, ON BEHALF OF THE AMERICAN PEOPLE AND THE POPULATIONS OF THE 50 STATES OF I.S.A.F., I REJECT THAT TERM.

>> Suarez: AMERICAN OFFICIALS HAVE ALSO STRUGGLED TO HANDLE RELATIONS WITH NEIGHBORING PAKISTAN. LAWMAKERS THERE ARE NOW DEMANDING AN END TO U.S. DRONE STRIKES AIMED AT AL QAEDA AND TALIBAN FIGHTERS. THAT DEMAND COMES AMID REPORTS THAT THE GUNMAN IN A SERIES OF SHOOTINGS IN FRANCE CLAIMED HE'D TRAINED BY AL-QAEDA, ALONG THE PAKISTANI-AFGHAN BORDER. FOR SOME, SUCH INCIDENTS ADD TO FEARS OF A MILITANT RESURGENCE, AS U.S. COMBAT TROOPS PREPARE TO WITHDRAW BY 2014. AND AT TODAY'S HEARING, REPUBLICAN SENATOR JOHN MCCAIN OF ARIZONA WARNED AGAINST AN ACCELERATED PULL-OUT.

>> MUCH OF THE RECENT NEWS FROM AFGHANISTAN HAS BEEN DISCOURAGING, AND THAT HAS ONLY INCREASED THE DESIRE OF A WAR- WEARY PUBLIC TO END OUR MISSION THERE. IT'S CRITICAL THAT PRESIDENT OBAMA RESIST THE SHORT-SIGHTED CALLS FOR ADDITIONAL TROOP REDUCTIONS, WHICH ARE A GUARANTEE OF FAILURE.

>> Suarez: RECENT OPINION POLLS HAVE SHOWN AMERICAN SUPPORT FOR THE AFGHAN OPERATION IS WANING. BUT GENERAL ALLEN SAID TODAY HE WON'T MAKE A RECOMMENDATION ON THE PACE OF FURTHER REDUCTIONS UNTIL CLOSER TO THE END OF THE YEAR. AND FOR MORE ON THE SITUATION IN AFGHANISTAN AND NEGOTIATIONS WITH THE TALIBAN WE TURN TO VETERAN JOURNALIST AND COLUMNIST AHMED RASHID. HIS NEW BOOK IS "PAKISTAN ON THE BRINK: THE FUTURE OF AMERICA, PAKISTAN AND AFGHANISTAN." WELCOME BACK TO THE PROGRAM AHMED. THESE RECENT EVENTS, THE KORAN BURNINGS, THE KILLING OF AFGHAN CIVILIANS, THE URINATING ON THE CORPSES OF DEAD FIGHTERS. TODAY IN TESTIMONY ON CAPITOL HILL YOU HEARD GENERAL ALLEN CALL THEM A BLOW AT THE CORE OF THE RELATIONSHIP. IS HE RIGHT? IS IT HAVING THAT EFFECT AFFECT?

>> IT CERTAINLY IS. IT'S CREATING ENORMOUS ANTI-AMERICANISM AMONGST THE AFGHAN PEOPLE AND IN NEIGHBORING COUNTRIES ALSO, PAKISTAN AND IRAN. THERE COULD BE A VICIOUS CYCLE NOW WITH AMERICAN TROOPS GETTING MORE AND MORE FRUSTRATED AND TAKING ACTION. AFGHAN AND TALIBAN ALSO RETALIATING. WE'VE HAD SIX U.S. SOLDIERS KILLED IN THE LAST TWO MONTHS BY AFGHANS SO I MEAN THAT HAS BEEN VERY DEPRESSING. I THINK ONE OF THE MAJOR PROBLEMS HAS BEEN FOR THE GOVERNMENT AND FOR A LOT OF AFGHANS HAS BEEN THE DISPUTE OVER THE STRATEGIC COMPACT THAT IS GOING TO BE SIGNED BETWEEN THE AMERICANS AND PRESIDENT KARZAI. THE AFGHANS WANT THE AMERICANS TO STAY ON AFTER 2014 FOR ANOTHER THREE OR FOUR YEARS WITH SPECIAL FORCES AND TRAINERS BUT THEY ALSO WANT THEM TO BE IN CONTROL OF THEM AND THEY WANT THE AMERICANS TO STOP CERTAIN THINGS LIKE NIGHT RAIDS WHICH AMERICAN SPECIAL FORCES CARRY OUT AGAINST THE TALIBAN. SO THE AFGHANS WANT TO HAVE THEIR CAKE AND EAT IT, TOO, AND THE AMERICANS ARE SAYING IF WE STAY, WE WILL HAVE OUR CONDITIONS FOR STAYING. AND YOU HAVE TO ACCEPT THOSE.

>> Suarez: ONE THING THAT HAPPENED MOST RECENTLY IS THE TALIBAN HAS BROKEN OFF THE STILL QUITE EARLY TALKS ABOUT FUTURE PEACE IN AFGHANISTAN. WAS THIS IN DIRECT RESPONSE TO THESE EVENTS THAT WE'VE BEEN DISCUSSING OR WHERE THERE OTHER THINGS AT WORK WHEN THE TALIBAN BROKE OFF THE TALKS.

>> THERE WERE OTHER THINGS THAT WORK AND I THINK THE TALIBAN HAVE TAKEN A MATURE ATTITUDE BECAUSE THEY COULD HAVE BROKEN OFF THE TALKS ON ANY ONE OF THESE INCIDENTS THAT HAPPENED. THEY CONDEMNED THE INCIDENT BUS DIDN'T BREAK OFF THE TALKS. I THINK WHAT THEY'RE COMPLAINING ABOUT ARE THE DELAY OF PROMISES MADE BY THE AMERICANS. IN THE FIRST CONFIDENCE-BUILDING MEASURE WHICH WAS DUE THREE OR FOUR MONTHS AGO AND IS EXPECTED TO BE A PRISONER EXCHANGE IN A WAY AND THAT HAS BEEN DELAYED AND UNLESS WE GET OVER THIS HURDLE IT'S GOING TO BE DIFFICULT TO GET REAL TALKS GOING BETWEEN THE TWO SIDES, ESPECIALLY ON WINDING DOWN THE VIOLENCE AND THE MILITARY ATTACKS THEY LAUNCH ON EACH OTHER. WHAT WE WANT IS TO GET OVER THIS PRISONER EXCHANGE ISSUE QUICKLY SO THAT TALKS CAN START AND THE TALIBAN CAN OFFER A REDUCTION IN SOME KIND OF VIOLENCE LIKE SUICIDE BOMBING OR I.E.D.s, AND THE AMERICANS IN TURN CAN OFFER SOME KIND OF REDUCTION ALSO IN THE ATTACKS.

>> Suarez: IN THE BOOK YOU TAKE US INSIDE THE NEGOTIATIONS BEGUN IN GERMANY WITH GO-BETWEENS, SAFE PASSAGE FOR TALIBAN FIGHTERS TO GET FROM CENTRAL ASIA TO WESTERN EUROPE BUT THEN THEY'RE SCOTCHED BY PAKISTAN. PAKISTAN WORKING AT CROSS PURPOSES TO THE UNITED STATES AND AFGHANISTAN TELL US ABOUT THAT

>> WELL, PAKISTAN WAS ORGANIZED BY GERMANY AND THE GULF STATE OF QATAR AND THERE WAS A LONG MEETING BETWEEN GERMANS AND THE TALIBAN AND THEY CALLED THE AMERICANS IN AND THE MEETING WITH THE AMERICANS HAVE BEEN GONE IN MORE THAN A YEAR NOW. AND PAKISTAN HAS BYPASSED IN THIS AND WHAT PAKISTAN WANTED ALL ALONG WAS THAT GIVEN THE FACT THAT THE TALIBAN ARE IN PAKISTAN, THE LEADERSHIP MOSTLY IN PAKISTAN. THE PAKISTANIS EXPECTED THEY WOULD BE THE MAIN DELIVERER OF TALKS WOULD BE THE AMERICAN BECAUSE THEY HAD THE TALIBAN ON THEIR SOIL AND WHAT HAPPENS INSTEAD IS THAT THE AMERICANS BYPASS THE PAKISTANIS SO THERE IS AN ISSUE AND THEY BRIEFED THE PAKISTANIS FOR QUITE SOME TIME. NOW I THINK THE AMERICAN REALIZE THE FACT THAT PAKISTAN NEEDS TO BE BROUGHT ON BOARD IF AND WHEN RELATIONS BETWEEN THE TWO COUNTRIES ARE REVIEWED BECAUSE FOR FOUR MONTHS WE'VE HAD A COMPLETE BREAKDOWN IN RELATIONS. AMERICAN OFFICIALS HAVE NOT TALKED TO PAKISTANI OFFICIALS AT ALL.

>> Suarez: IN RECENT MONTHS, THE UNITED STATES PASSED ITS TENTH ANNIVERSARY IN AFGHANISTAN. CAN THE U.S. ACHIEVE ITS OBJECTIVE THERE IS IF IT HAS A PAKISTAN THAT DOESN'T SEE THE FUTURE OF THE COUNTRY IN THE SAME WAY?

>> THE WELL I THINK THREE ESSENTIAL THINGS ARE NEEDED WHICH PRESIDENT OBAMA STRESSED AT THE BEGINNING OF THE ADMINISTRATION BUT THEY HAVE BEEN OVERWHELMED. THE FIRST THING REALLY IS A REGIONAL CONSENSUS AMONGST THE NEIGHBORS AND THAT THEY WILL NOT MUDDY THE WATERS BY FUNDING ONE WARLORD OR THE OTHERS WHICH IS WHAT HAPPENED IN THE '90s AND PROMOTED THE CIVIL WAR. THAT HAS BECOME MUCH MORE DIFFICULT BECAUSE THE TENSIONS WITH PAKISTAN AND WITH IRAN RIGHT NOW, OF COURSE. THE SECOND THING IS YOU GET PRESIDENT KARZAI TO DO MORE, TO BUILD A CONSENSUS FOR TALKS WITH THE TALIBAN. LARGE NUMBERS OF AFGHANS ARE OPPOSED TO THE TALKS WITH THE TALIBAN, INCLUDING NON-PASHTUNS WHO LIVE IN THE NORTH OF THE COUNTRY. AND THE THIRD THING IS OBVIOUSLY DESTROYING A RELATIONSHIP WITH PAKISTAN AND PROGRESSING WITH THE TALKS OF THE TALIBAN AT A MUCH GREATER PACE AND GETTING THE PAKISTANIS TO NOT FINGER POINT THEM AND SAY YOU'RE NOT HARBORING ALL THESE TALIBANS. THIS IS WHAT THE AMERICANS HAVE BEEN DOING FOR THE LAST EIGHT YEARS AND IT HAS WORKED. BUT SHOWING THE PAKISTANIS THAT THERE IS PROGRESS IN PEACE TALKS AND IF YOU WANT TO COME ON BOARD THAT YOU NEED TO BECAUSE AFGHANISTAN IS YOUR NEIGHBORHOOD THEN YOU ALSO HAVE TO GIVE DEADLINES TO THE TALIBAN TO STOP USING YOUR COUNTRY AS A SAFE SANCTUARY. SO WHAT I'M SUGGESTING HERE IS THAT THE PAKISTANIS WILL BE BROUGHT ON BOARD AND CAN BE BROUGHT ON BOARD ONCE THE AMERICANS SHOW A REAL DETERMINATION THAT THEY'RE SERIOUS ON ENDING THE CIVIL WAR IN AFGHANISTAN.

>> Suarez: AHMED RASHID, YOU CALL YOUR BOOK "PAKISTAN AT THE BRINK." CAN IT BE PULLED BACK FROM THE BRINK?

>> YES, IT CAN, I THINK CERTAINLY. I THINK THERE'S AN ENORMOUS AWARENESS NOW AMONGST PEOPLE, ORDINARY PEOPLE THAT CHANGE IS NEEDED. WHERE WE ARE STUCK IS WITH THE RULING ELITE. THE MILITARY AND THE POLITICAL ELITE. MORE VERY RELUCTANT TO CHANGE BUT I THINK ENORMOUS PUBLIC PRESSURE IS BUILDING AND THAT'S PARTLY IN DUE TO THE CRISIS, THE ECONOMIC CRISIS, THE SOCIAL CRISIS, PEOPLE ARE FED UP AND THEY REALIZE THE COUNTRY IS GOING DOWN THE TUBES AND LEADERS NEED TO DO SOMETHING AND IF THEY DON'T WE WILL SEE NEW LEADERS ON THE HORIZON.

>> Suarez: "PAKISTAN ON THE BRINK: THE FUTURE OF AMERICA, AFGHANISTAN AND PAKISTAN." AHMED RASHID, GOOD TO TALK TO YOU.

>> Brown: NOW, TO OUR NEW SERIES CALLED "COPING WITH CLIMATE CHANGE." IT EXAMINES HOW COMMUNITIES ARE DEALING WITH THE NEW REALITIES OF A CHANGING CLIMATE. AND WE'RE GETTING HELP FROM PUBLIC MEDIA PARTNERS IN DIFFERENT PARTS OF THE COUNTRY. AS IT HAPPENS, THE UNITED NATIONS HAS DESIGNATED TODAY "WORLD WATER DAY," TO CALL ATTENTION TO THE IMPORTANCE OF FRESHWATER. TEXAS IS WHERE WE WENT TO SEE WHAT HAPPENS WHEN THERE ISN'T ENOUGH OF IT. CORRESPONDENT HARI SREENIVASAN WORKED WITH A PUBLIC MEDIA PROJECT CALLED "STATE IMPACT TEXAS" TO IDENTIFY TWO TOWNS WITH VERY DIFFERENT SOLUTIONS TO THE PROBLEM. THE PROJECT INCLUDES KUT RADIO IN AUSTIN KUHF IN HOUSTON AND NPR.

>> A YEAR... YEAR AND A HALF AGO, WHERE OUR PICK UP TRUCKS WERE AT, WAS THE WATER SHORELINE.

>> Sreenivasan: EVERYTHING FROM HERE DOWN TO HERE WAS WATER.

>> WATER, YES.

>> Sreenivasan: I'M WALKING ACROSS THE DRY PORTION OF A RESERVOIR THAT SHOULD BE SUBMERGED IN WATER. WITH ME IS JOHN JACOBS, THE PROUD MAYOR OF ROBERT LEE, TEXAS. HIS FAMILY HAS BEEN ON THESE RUGGED AND WINDY WEST TEXAS PLAINS SINCE THE CIVIL WAR. WE DROVE UP TO A VISTA OVERLOOKING THE RESERVOIR THAT WAS BUILT AFTER THE LAST MEGADROUGHT IN THE 1950s. WHAT TWO SUMMERS HAVE DONE TO THIS REGION BECAME STRIKINGLY CLEAR. SO THIS IS E.V. SPENCE RESERVOIR?

>> THIS IS E.V. SPENCE LAKE OR WHAT'S LEFT OF IT.

>> Sreenivasan: THE TOWN OF ROBERT LEE HAS DEPENDED ALMOST ENTIRELY ON THIS RESERVOIR FOR ITS WATER AND THE RECORD SETTING DROUGHT HAS FORCED IT TO DRINK FROM ITS LAST RESERVES. ACROSS TEXAS, TOWNS LIKE ROBERT LEE EXPERIENCED RECORD BREAKING TEMPERATURES LAST YEAR. SOME SAW MORE THAN 100 DAYS STRAIGHT OF 100 DEGREES AND THAT SCORCHING HEAT BEGAN EVAPORATING RESERVOIRS LIKE LAKE E.V. SPENCE. WHEN DID YOU START TO THINK THIS WAS A REAL BIG PROBLEM?

>> WE STARTED TO GET CONCERNED ABOUT TWO YEARS AGO THAT IT WAS GOING TO TURN INTO SOMETHING. OF COURSE LIKE EVERYONE ELSE WE THOUGHT, IT'S GOING TO RAIN.

>> Sreenivasan: BUT IT DID NOT RAIN ENOUGH. IN 2011 THE STATE ONLY RECEIVED 11 INCHES OF RAIN, THAT'S 16 INCHES LESS THAN NORMAL.

>> Sreenivasan: LARGE BODIES OF WATER ARE MEASURED IN WHAT'S KNOWN AS ACRE FEET, THAT THE AMOUNT OF WATER IT TAKES TO COVER AN ACRE OF LAND WITH A FOOT OF WATER. LAKE E.V. SPENCE, WHEN IT'S FULL, HAS 517,000 ACRE FEET OF WATER, NOW IT HAS LESS THAN A THOUSAND. ROBERT LEE IS NOT ALONE IN FEELING THE HEAT, NEARLY 1,000 PUBLIC WATER SYSTEMS IN TEXAS RESTRICTED WATER LAST YEAR. EVEN NOW, AFTER SOME WINTER RAINS, 17 SYSTEMS ARE PROJECTED TO RUN OUT OF WATER IN SIX MONTHS OR LESS. THE 2011 DROUGHT WAS THE MOST INTENSE ONE YEAR DROUGHT IN TEXAS SINCE AT LEAST 1895 WHEN STATEWIDE WEATHER RECORDS BEGAN. LOSSES REACHED $10 BILLION IN CROPS, LIVESTOCK AND TIMBER. WITHOUT WATER, FARMERS AND RANCHERS LIKE BARTLETT MURRAY ARE SCALING BACK.

>> IF YOU DON'T HAVE THE WATER TO WATER YOUR CROPS, AND YOU DON'T HAVE AMPLE RAINFALL TO MAKE A CROP, THERE'S NO MONEY THERE. YES THERE ARE SOME GOVERNMENT SUBSIDIES BUT IT'S NOT ENOUGH.

>> Sreenivasan: ALREADY DRY GRASS AND BRUSH TURNED INTO PERFECT KINDLING FOR THE WORST WILDFIRE SEASON IN TEXAS HISTORY. THE FIRES CHARRED NEARLY FOUR MILLION ACRES, AND FIREFIGHTERS WERE FORCED TO USE PRECIOUS WATER TO PUT THEM OUT.

>> YOU THROW A FIRE SEASON THAT BURNED OVER 40% OF OUR COUNTY. AND WE THANK GOD FOR TEXAS FOREST SERVICE, BUT EVERY TIME THEY CAME IN WITH ONE OF THOSE HELICOPTERS OR THE BIG PLANES THEY SUCKED MORE OF OUR WATER OUT OF LAKE SPENCE UNTIL AS YOU SEE TODAY, IT'S GONE.

>> Sreenivasan: MELINDA McCUTCHEN EDITS THE LOCAL PAPER IN ROBERT LEE AND OWNS A RANCH ON THE EDGE OF TOWN. WHAT HAPPENS IF THERE IS ANOTHER FIRE THIS BIG?

>> I HAVE NO IDEA. I REALLY DON'T. THAT WOULD BE FOR SOMEONE ELSE TO FIGURE OUT BECAUSE WE DON'T HAVE THE WATER TO FIGHT ANOTHER FIRES SEASON LIKE WE DID LAST YEAR.

>> Sreenivasan: THE 1,100 RESIDENTS OF ROBERT LEE ARE TRYING TO SAVE EVERY DROP. THE TOWN HAS ALREADY CUT CONSUMPTION BY 80%.

>> I NEVER TAKE A BATH, TAKE A SHOWER, WASH A LOAD OF CLOTHES, THAT I DON'T THINK, SAVE WATER. YOU DON'T LEAVE THE WATER RUNNING WHEN YOU BRUSH YOUR TEETH. ALL THOSE THINGS THAT MAYBE PEOPLE LIVING IN WETTER AREAS DO. WE DON'T.

>> Sreenivasan: DRASTIC CONSERVATION HAS WORKED SO FAR, BUT IF THE RESERVES DEPLETE AT CURRENT LEVELS, THIS TOWN WILL RUN OUT OF WATER BY THE END OF MARCH, SO IN THE SHORT TERM, THEY ARE BUILDING A LIFELINE. THIS IS A 12-MILE LONG TRENCH ACROSS WEST TEXAS BEING BUILT AT A COST OF $1.5 MILLION USING A COMBINATION OF STATE AND FEDERAL FUNDS. IT WILL ENABLE ROBERT LEE TO BUY WATER FROM THE NEIGHBORING TOWN OF BRONTE. BUILDING THE PIPELINE HAS BEEN A TOWN-WIDE EFFORT. PHOTOS TAKEN BY LOCAL CITIZENS SHOW HOW VOLUNTEERS HAVE ROLLED UP THEIR SLEEVES TO HELP AT EVERY STEP.

>> THE COMMUNITY OF ROBERT LEE ALWAYS PULLS TOGETHER, STANDS TOGETHER, WE'LL COME THROUGH IT, WELL COME TOGETHER.

>> Sreenivasan: TEXAS HAS BEEN THE SITE OF DROUGHTS GOING BACK HUNDREDS OF YEARS, THE QUESTION MANY ASK IS WHETHER THIS DROUGHT IS DIFFERENT. TEXAS TECH UNIVERSITY'S KATHARINE HAYHOE THINKS THE ANSWER IS YES. SHE SAYS DROUGHTS ARE GROWING IN INTENSITY AND FREQUENCY AS THE CLIMATE CHANGES.

>> WHAT CLIMATE CHANGE IS DOING IS IT'S INCREASING OUR TEMPERATURES AND HIGHER TEMPERATURES MEAN FASTER EVAPORATION. SO YOU NEED MORE WATER TO PROVIDE THE SAME AMOUNT OF IRRIGATION FOR CROPS IF TEMPERATURES ARE HIGHER. AND THAT'S WHAT WE SEE HAPPENING HERE IN TEXAS AND IN MANY PLACES AROUND THE WORLD.

>> Sreenivasan: EVERY FIVE YEARS TEXAS DRAFTS A NEW WATER PLAN. THE 2012 PLAN REFLECTS CLIMATE SCIENTISTS FORECAST THAT DROUGHT IS EXPECTED TO INCREASE IN GENERAL WORLDWIDE BECAUSE OF THE INCREASE IN TEMPERATURES. AND MAKES RECOMMENDATIONS FOR WATER CONSERVATION AND RESERVOIR BUILDING PROJECTS. TURNING POLICY INTO ACTION HOWEVER, REMAINS A PROBLEM, ACCORDING TO ANDREW SANSOM, DIRECTOR OF THE RIVER SYSTEMS INSTITUTE AT TEXAS STATE UNIVERSITY.

>> WE HAVE UP UNTIL RECENTLY AFFIRMATIVELY DENIED IN STATE POLICY THAT CLIMATE CHANGE IS EVEN A POSSIBILITY. THAT IS CHANGING. THE CURRENT DRAFT OF THE WATER PLAN ACKNOWLEDGES THAT THE CLIMATE MAY BE CHANGING AND SO I THINK THERE IS A GROWING RECOGNITION THAT THE DROUGHT OF THE '50s MAY NOT BE AS BAD AS IT CAN ULTIMATELY GET. IN TERMS OF PREPARING FOR A REALLY SERIOUS DROUGHT WE ARE BEHIND THE EIGHT BALL.

>> Sreenivasan: SANSOM SAYS A COMBINATION OF ANTIQUATED LAWS GOVERNING WATER RIGHTS AND CHANGING DEMOGRAPHICS ARE MAKING THE WATER PROBLEMS WORSE.

>> WE HAVE ALREADY GIVEN PERMISSION FOR MORE WATER TO BE WITHDRAWN FROM MANY OF OUR RIVERS THAN IS ACTUALLY IN THEM TODAY. SO THAT WE'RE REACHING A CRISIS THAT'S BROUGHT ON BY DECLINING WATER SUPPLIES AND A RAPIDLY GROWING POPULATION.

>> Sreenivasan: PART OF THAT GROWING POPULATION LIVES HERE IN SPICEWOOD BEACH, TEXAS, A RETIREMENT COMMUNITY OF 500 HOMES ON THE SHORES OF LAKE TRAVIS NEAR AUSTIN. SPICEWOOD DEPEND ON WELLS FED BY WATER FROM BOTH ON LAKE TRAVIS AND THE AQUIFER BELOW THE TOWN. YOU ARE 50 FEET BELOW NORMAL?

>> YES, SIR.

>> Sreenivasan: AND SO THAT'S LINE RIGHT THERE?

>> THAT LINE YOU SEE ACROSS THE LAKE YOU CAN LOOK AT THE ROCKS BEHIND ME, YOU CAN SEE THE WHITE LINE THAT'S THE NORMAL LEVEL.

>> Sreenivasan: THE LOW LEVELS WERE CAUSED IN PART BY INCREASING USE. THE REGIONAL WATER UTILITY, THE LOWER COLORADO RIVER AUTHORITY, OR L.C.R.A. HAD BEEN PUMPING WATER FROM SPICEWOODS COMMUNITY WELL TO SELL TO OTHER PLACES. WITH LITTLE RAIN TO RESTORE THE WATER TABLE, THE WELLS RAN DRY AT THE END OF JANUARY AND SPICEWOOD BEACH BECAME THE FIRST TOWN IN TEXAS TO RUN OUT OF WATER.

>> WE'RE STILL ON A LIMITED BASE 50 GALLONS A DAY IS WE ARE ALLOWED PER HOUSEHOLD AND ITS KIND OF HARD TO KNOW WHERE THIS IS GOING TO GO AND HOW LONG THIS IS GOING TO BE.

>> Sreenivasan: NOW, THE RESIDENTS GET THEIR WATER THIS WAY-- A 7,000 GALLON TRUCK DELIVERING WATER FOUR TIMES A DAY. THIS IS EXPECTED TO CONTINUE FOR MONTHS AS THE UTILITY COMPANY LOOKS FOR LONG TERM SOLUTIONS. THAT'S COLD COMFORT FOR RESIDENTS WHO RETIRED HERE FOR A LIFE OF LEISURE AND ARE NOW WATCHING THEIR LIFE SAVINGS GO DOWN THE DRAIN.

>> YOU'VE LOST YOUR PROPERTY VALUE NOW BECAUSE THIS IS A MAJOR PROBLEM WITH NO WATER AND I FEEL LIKE NOW PERSONALLY MYSELF THAT NOBODY IS GOING TO WANT TO COME IN ANYMORE, LIVE HERE ANY LONGER BECAUSE WE HAVE ISSUES WITH OUR WATER SYSTEM.

>> Sreenivasan: STRAINS ON THE SYSTEM ARE BEGINNING TO PIT UPSTREAM COMMUNITIES THAT LIVE NEAR THE RESERVOIRS, AGAINST DOWNSTREAM FARMERS COMPETING FOR THE SAME WATER. JUST THIS MONTH, FOR THE FIRST TIME IN HISTORY, THE UTILITY DECIDED TO CUT OFF WATER SUPPLY TO RICE FARMERS IN SOUTHEASTERN TEXAS.

>> TODAY, THE ECONOMIC ENGINE ENGENDERED BY RECREATION, RESIDENTIAL GROWTH AND TOURISM UP ON THIS LAKE PROBABLY FAR EXCEEDS THE RICE INDUSTRY AND SO THERE IS A PITCH BATTLE UNDERWAY AS TO WHO SHOULD GET THE WATER. MARK TWAIN SAID THAT WHISKEY IS FOR DRINKING AND WATER IS FOR FIGHTING AND HE WAS PROPHETIC BECAUSE THAT FIGHT IS ACCELERATING IN TEXAS TODAY.

>> Sreenivasan: AND IF THIS SPRING AND SUMMER ARE A REPEAT OF THE LAST TWO, AND A HARBINGER OF THINGS TO COME, THAT FIGHT COULD GET WORSE. TEXAS EXPECTS TO NEED 130% MORE WATER OVER THE NEXT 50 YEARS. THE STATE ALSO ADMITS THAT IN SERIOUS DROUGHT CONDITIONS THERE IS NOT ENOUGH SUPPLY TO MEET DEMAND.

>> Brown: HARI HAS BEEN FILING STORIES FROM TEXAS ALL WEEK ON OUR WEBSITE, WHERE IT'S SCIENCE THURSDAY. YOU CAN LOOK FOR OUR BRAND NEW "COPING WITH CLIMATE CHANGE" PAGE TO FIND ALL OUR CLIMATE REPORTS.

>> Woodruff: FINALLY TONIGHT, A LOOK AHEAD AT THE U.S. SUPREME COURT HEARINGS ON THE HEALTH REFORM LAW. TWO YEARS AGO THIS WEEK, PRESIDENT OBAMA SIGNED A LAW THAT AIMS, AMONG OTHER THINGS, TO EXPAND INSURANCE COVERAGE TO 32 MILLION MORE AMERICANS BY THE END OF THE DECADE STARTING IN 2014. BUT THE AFFORDABLE CARE ACT HAS BEEN THE SUBJECT OF HEAVY POLITICAL AND LEGAL BATTLES FROM THE OUTSET. NEXT WEEK THE SUPREME COURT WILL HEAR THREE DAYS OF ARGUMENTS OVER CHALLENGES TO THE LAW BROUGHT BY 26 STATES, AND OTHERS, WHO ARGUE IT IS UNCONSTITUTIONAL. THE COURT CASE ALSO LANDS IN THE HEAT OF ELECTION SEASON. TODAY, REPUBLICANS MARKED THE ANNIVERSARY BY REGISTERING THEIR CONTINUED OPPOSITION TO THE LAW. HERE'S SENATE MINORITY LEADER MITCH McCONNELL.

>> WE NEED TO REFORM HEALTH CARE BUT IN REFORM MADE THINGS WORSE. THE EVIDENCE AND BROKEN PROMISES ARE ALL AROUND US. IT'S TIME THE PRESIDENT ACKNOWLEDGED IT AND IT'S TIME THE TWO PARTIES CAME TOGETHER AND DID SOMETHING ABOUT IT. IT'S TIME TO REPEAL OBAMACARE AND REPLACE IT WITH THE KIND OF COMMON SENSE REFORMINGSS AMERICANS REALLY WANT. REFORMS THAT ACTUALLY LOWER COST AND WHICH PUT HEALTH CARE BACK IN THE HANDS OF INDIVIDUALS AND THEIR DOCTORS RATHER THAN BUREAUCRATS HERE IN WASHINGTON. BROWN S

>> MEANWHILE, PRESIDENT OBAMA TOUTED THE BENEFITS AT THE A CHICAGO CAMPAIGN FUND-RAISER LAST WEEK.

>> WE HAVE TWO AND A HALF MILLION PEOPLE WHO ALREADY HAVE HEALTH INSURANCE TODAY BECAUSE THEY CAN STAY ON THEIR PARENTS' PLAN. MILLIONS OF SENIORS WHO ARE ALREADY SEEING BENEFITS IN TERMS OF MORE PREVENTATIVE CARE, LOWER DRUG PRICES. AND NOT ONLY IS PREVENTATIVE CARE NOW COVERED, IT ALSO MEANS THAT FAMILIES WITH CHILDREN WITH PRE-EXISTING CONDITIONS AREN'T GOING TO HAVE TO WORRY THAT SOMEHOW THEIR CHILD IS GOING TO BE LEFT ON THEIR OWN OR THAT THEY'RE GOING TO HAVE TO MORTGAGE THEIR BUSINESS OR LOSE THEIR HOME BECAUSE OF THAT ILLNESS.

>> Woodruff: NOW, A VIEWER'S GUIDE TO THE LAW AND THE CASE BEFORE THE COURT. WE GET THAT FROM TWO PEOPLE WHO WILL BE WITH US ON AIR AND ONLINE TONIGHT AND NEXT WEEK. THEY ARE MARCIA COYLE, OUR REGULAR SUPREME COURT REPORTER FOR THE "NATIONAL LAW JOURNAL." AND SUSAN DENTZER, EDITOR-IN- CHIEF OF THE JOURNAL, HEALTH AFFAIRS. SHE'S A HEALTH ANALYST FOR THE "NEWSHOUR." TO TWO OF YOU ARE GOING TO BE SPENDING A LOT OF TIME WITH US NEXT WEEK SO WE ARE GLAD TO HAVE YOU HERE WITH THIS PREVIEW. SUSAN, I'M GOING TO START FOR YOU. SUMMARIZE THE BASICSS FOR US OF WHAT THIS LAW IS. HOW IS IT INTENDED WHEN IT'S ALL SAID AND DONE IF THIS BECOMES LAW TO CHANGE THE WAY AMERICANS INTERACT WITH THE HEALTH CARE SYSTEM.

>> WELL, JUDY, OF COURSE, IT'S A BIG LAW BUT THE MOST RELEVANT PROVISIONS ARE THESE. 50 MILLION PEOPLE IN THE COUNTRY DON'T HAVE HEALTH INSURANCE AND THE INSURANCE MARKET IS PRAYING AS THE COSTS OF HEALTH INSURANCE GETS SO HIGH, SO EXPENSIVE. SO WHAT THE LAW DOES IS ESSENTIALLY SAYS FOR ABOUT HALF OF THOSE WITHOUT HEALTH INSURANCE... ACTUALLY, I SHOULD SAY THIS LAW ONLY SOLVES ABOUT TWO-THIRDS OF THE PROBLEM OF UNINSURED BUT FOR HALF OF THAT TWO-THIRDS WE'RE GOING TO TAKE THE MEDICAID PROGRAM AND EXPAND IT FOR THOSE PEOPLE. SO MEDICAID, WHICH TRADITIONALLY WAS OUR PROGRAM FOR LOW-INCOME PEOPLE, WE'LL MAKE THAT BIGGER, WE'LL WRITE SOME NEW RULES ABOUT 10 TO 20 MILLION PEOPLE WILL GO INTO THAT. THEN FOR HIGHER INCOME PEOPLE-- NOT REALLY HIGH INCOME PEOPLE BUT HIGHER INCOME PEOPLE-- WHO ARE BUYING INSURANCE ON THEIR OWN OR WORK FOR SMALL BUSINESSES WE'LL CREATE NEW MARKETS IN EVERY STATE CALLED HEALTH INSURANCE EXCHANGES. WE'LL LET PEOPLE BUY COVERAGE THROUGH THOSE NEW MARKETS, WE'LL GIVE THEM FEDERAL SUBSIDIES TO HELP PAY FOR IT AND WE'LL DO SOMETHING ELSE, WE'LL CHANGE THE HEALTH INSURANCE MARKET BECAUSE RIGHT NOW FAR LOT OF PEOPLE THE HEALTH INSURANCE MARKET OPERATES BY LEAVING OUT PEOPLE ARE SICK AND JUST TRY TO ENSURE THE PEOPLE WHO ARE HEALTHY. THAT DOESN'T WORK VERY WELL. WE'RE GOING TO CHANGE THE RULES, TURN IT AROUND, GET EVERYBODY IN THE POOL SO IN A SENSE THE GOVERNMENT IS SAYING IT'S LIKE A LIFEGUARD, EVERYBODY GET INTO THE INSURANCE POOL AND THAT IS THE PIECE THAT IS THE INDIVIDUAL MANDATE THAT SAYS EVERYBODY'S GOT TO GET COVERED.

>> Woodruff: SPEAKING OF THAT, IF THAT'S A BROAD-BRUSH LOOK AT WHAT IT SHOULD DO, IT WOULD DO IF IT WERE ENACTED, WHAT'S THE CENTRAL COMPLAINT? 26 STATES FILING LAWSUITS AND OTHER ORGANIZATIONS.

>> WELL THERE ARE FOUR MAJOR COMPLAINTS, ONE OF THE PRIMARY ONES, THOUGH, IS THAT INDIVIDUAL MANDATE, THE GOVERNMENT SAYING EVERYBODY GET INTO THE POOL IS UNCONSTITUTIONAL. AND IN EFFECT IF WE THINK ABOUT MOST... MOST AMERICANS HAVE HEALTH INSURANCE. MOST AMERICANS WORK FOR LARGE EMPLOYERS AND HAVE COVERAGE, THEY DON'T NEED TO WORRY ABOUT THIS. THEY'RE NOT AFFECTED BY IT. THE MANDATE IS REALLY THERE SO THAT PEOPLE WHO WOULD OTHERWISE STAY OUT OF COVERAGE FOR WHATEVER REASON WILL GET INTO THE POOL BECAUSE THIS WHOLE SYSTEM ONLY WORKS IF EVERYBODY HEALTHY AND SICK IS IN THE POOL AND WE SPREAD THE COST OF INSURANCE ACROSS THE WHOLE POPULATION. SO THAT'S THE ARGUMENT IS THE MANDATE CONSTITUTIONAL, IS IT OKAY FOR THE GOVERNMENT TO SAY EVERYBODY GET INTO THE POOL OR NOT?

>> Woodruff: MARCIA, LET'S TALK QUICKLY HERE ABOUT HOW THE JUSTICES ARE APPROACHING IT. THEY SAID ASIDE THREE DAYS, SIX HOURS. HOW UNUSUAL IS THAT.

>> IT UNUSUAL. IN FACT, JUDY, YOU PROBABLY IS TO GO BACK TO THE '60s TO FIND SOMETHING COMPARABLE. BUT I THINK THE WAY THE JUSTICES HAVE STRUCTURED THE ARGUMENTS AND IDENTIFIED FOUR ISSUES REFLECT HOUSE SERIOUSLY THEY TAKE THE ISSUES BEFORE THEM AS WELL AS HOW CAREFULLY THEY'LL REVIEW THEM. IN FACT, THE COURT EVEN APPOINTED TWO LAWYERS TO WIDELY RESPECTED SUPREME COURT ADVOCATES TO ARGUE POSITIONS THAT THE MAIN PARTIES ARE NOT GOING TO ARGUE SO THAT IT HAS THE FULL PICTURE.

>> WE'RE GOING TO BE DIGGING INTO EACH ONE THESE ARGUMENTS EVERYDAY BUT LET'S TALK ABOUT DAY ONE. THE COURT ON DAY ONE WILL LOOK AT THIS BASIC QUESTION OF WHETHER IT CAN RULE ON THE MERITS OF THIS LAW BEFORE THE MANDATE AND THE PENALTIES TAKE EFFECT

>> AND WE'RE GOING TO BE HEARING ABOUT AN 1867 LAW KNOWN AS THE ANTI-INJUNCTION ACT. THAT LAW BASICALLY SAYS FEDERAL COURTS, YOU CAN'T ENTERTAIN TAX CHALLENGES UNTIL THE LAW... THE TAX LAW TAKES EFFECT AND IT'S PRACTICAL BECAUSE THE GOVERNMENT NEEDS TO CORRECT REVENUE IN ORDER TO OPERATE AND CAN'T BE TIED UP IN FEDERAL COURT TO FIGHT OFF TAX CHALLENGES. WE'RE GOING TO HEAR THERE THE UNITED STATES, THE GOVERNMENT, SUPPORTING THE HEALTH CARE LAW THAT THE ANTI-INJUNCTION ACT DOESN'T ALIE HERE. THAT IT DOESN'T APPLY TO THE MANDATE AND THE PENALTY. IS THE PENALTY IS NOT A TAX LAW. YES IT'S IN THE INTERNAL REVENUE CODE, BUT IT DOESN'T OPERATE AS A TAX. THE CHALLENGERS AGREE AND THEY SAY WE'RE NOT CHALLENGING THE PENALTY, WE'RE CHALLENGING THE MANDATE, LET'S FOCUS ON THE MANDATE. AND THIS IS ONE OF THE CASE... ONE OF THE ISSUES IN WHICH THE COURT APPOINTED THE LAWYER TO MAKE THE ARGUMENT THAT THE ACT DOES APPLY.

>> Woodruff: THIS IS KIND OF UNUSUAL BUT ON THE FIRST DAY THEY WILL BE DEALING WITH WHETHER WHETHER THEY CAN GO AHEAD AND MAKE THE RULING. PERIOD.

>> YES, IT'S A THRESHOLD QUESTION.

>> Woodruff: SO DAY TWO, MARCIA. THAT'S THE FUNDAMENTAL QUESTION THAT SUSAN JUST DESCRIBED. IS THIS 4-MANDATE CONSTITUTIONAL?

>> YES. AND WE'RE GOING TO HEAR A LOT ABOUT CONGRESS'S POWER TO MAKE LAWS UNDER THE COMMERCE CLAUSE, THE NECESSARY AND PROPER CLAUSE AND EVEN POSSIBLY ITS TAXING AND SPENDING POWERS. THE UNITED STATES ARGUES THIS IS CLASSIC ECONOMIC REGULATION. THE MANDATE IS PART OF A COMPREHENSIVE SCHEME TO REGULATE THE INSURANCE MARKET AND THAT IT'S NECESSARY TO ACHIEVE THE REFORMS IT WANTS AND AS A FALLBACK CONGRESS COULD ENACT ITS MANDATE AS PART OF ITS TAXING AND SPENDING POWER TO COLLECT REVENUE FOR THE GENERAL WELFARE. THE CHALLENGERS SAY THIS IS NOT REGULATION OF ECONOMIC ACTIVITY. THIS IS CREATING ECONOMIC ACTIVITY AND THAT'S WAY BEYOND CONGRESS'S POWER.

>> SO MOVING TODAY, TWO ARGUMENTS. THE FIRST ONE IS IF THE COURT SAYS THE MANDATE IS UNCONSTITUTIONAL, WHAT DOES THAT MEAN FOR THE REST OF THE HEALTH CARE LAW? DOES IT STAND? THEN THE SECOND ARGUMENT HAS TO DO WITH EXPANDING MEDICAID. THE COURT WANTS TO KNOW WHAT THE CONSEQUENCES OF ITS ACTION MIGHT BE AND THAT BRINGS US TO THE ISSUE OF SEVERABILITY. A LAW OF LAWS CONGRESS WOULD PUT A CLAUSE IN SAYING WHAT A COURT SHOULD DO IF IT FINDS A CERTAIN PROVISION ON CONSTITUTIONAL, WHETHER CONGRESS WANTS YOU TO STRIKE THAT PROVISIONTOR ENTIRE LAW. HERE AGAIN THE COURT IS ASKING WHAT SHOULD IT DO IF YOU STRIKE DOWN ITS MANDATE.

>> Woodruff: COMPLEX LEGAL ARGUMENTS WE'RE GOING TO BE HEARING. WHAT ABOUT THE POLITICAL RAMIFICATIONS OF THIS? THIS HAS BECOME ALMOST ISSUE NUMBER ONE IN THE PRESIDENTIAL CAMPAIGN.

>> AND WE SHOULD KNOW THAT ABOUT TWO-THIRDS OF AMERICANS IN POLLS SAY THAT THEY ARE OPPOSED TO THE MANDATE AND ABOUT ONE HALF OVERTURN IT. WE'LL GO ON TO SAY THAT ONE IN SEVEN AMERICANS THINK IT'S ALREADY BEEN RULED UNCONSTITUTIONAL SO IT THERE'S A LOT OF CONFUSION. WE KNOW THAT REGARDLESS OF HOW THE COURT RULES MOST LIKELY AT THE END OF JUNE THIS WILL BE A HUGE ISSUE IN THE ELECTION CAMPAIGN THE REPUBLICAN CANDIDATES UNIVERSALLY WANT TO REPEAL THE AFFORDABLE CARE ACT. WE'VE HEARD FROM PRESIDENT OBAMA HE WANTS IT TO GO FORWARD SO IT LAB MAJOR, MAJOR ARGUMENT.

>> Woodruff: FINALLY AND QUICKLY MARCIA, TO WHAT EXSTENT THE POLITICAL NOISE AFFECTING WHAT'S GOING ON INSIDE THE COURT?

>> WELL, IT'S NOT SUPPOSED TO AND I THINK JUSTICES ARE GOING TO FOCUS THE LEGAL ARGUMENTS BEFORE THEM. THEY'RE HUMAN BEINGS, THEY'RE NOT UNAWARE OF WHAT IS HAPPENING OUTSIDE THE COURT BUILDING, THERE'S GOING TO BE A LOT OF ACTIVITY THERE AS WELL AS WHAT'S BEEN WRITTEN ABOUT THE LAW. BUT THEY WILL LOOK AT THE LAW ANDISH T ISSUES BEFORE THEM.

>> Woodruff: WE LOOK FORWARD TO SEEING BOTH OF YOU WITH US MUCH OF NEXT WEEK. SUSAN DENTZER, MARCIA COYLE, THANK YOU.

>> THANKS, JUDY.

>> Woodruff: YOU CAN FIND MUCH MORE ABOUT THE CASE AND THE IMPACT OF THE LAW ONLINE RIGHT NOW AND MONDAY MORNING ON OUR SITE MARCIA WILL BE PREVIEWING EACH DAY'S COURT ARGUMENTS.

>> Brown: AGAIN, THE MAJOR DEVELOPMENTS OF THE DAY:

>> Suarez: THERE WAS LATE WORD THAT THE U.S. ARMY IS READY TO PRESS CHARGES IN THE MASSACRE OF 17 AFGHAN CIVILIANS. THE ASSOCIATED PRESS REPORTED ARMY STAFF SERGEANT ROBERT BALES WILL FACE 17 COUNTS OF MURDER. THE POLICE CHIEF IN SANFORD, FLORIDA STEPPED DOWN TEMPORARILY, AS THOUSANDS OF PEOPLE RALLIED IN SUPPORT OF TRAYVON MARTIN, A BLACK TEENAGER SHOT AND KILLED LAST MONTH. ONLINE, WE HAVE PERSONAL STORIES OF COURAGE. HARI SREENIVASAN EXPLAINS. HARI?

>> Sreenivasan: JUDY MET SEVERAL PEOPLE WHO HAVE RECEIVED THE CONGRESSIONAL MEDAL OF HONOR. SHE TELLS US ABOUT THEIR EXTRAORDINARY ACTS IN HER WEEKLY BLOG POST. AND WE WRAP UP OUR SERIES ON LEARNING DISABILITIES WITH A LOOK AT THE USE OF ART TO BOOSTING CREATIVITY AND CRITICAL THINKING SKILLS. BROWSE THE ENTIRE SERIES ON OUR HEALTH PAGE. ALL THAT AND MORE IS ON OUR WEB SITE: newshour.pbs.org. JEFF?

>> Brown: AND THAT'S THE "NEWSHOUR" FOR TONIGHT. I'M JEFFREY BROWN.

>> Woodruff: AND I'M JUDY WOODRUFF. WE'LL SEE YOU ONLINE AND AGAIN HERE TOMORROW EVENING WITH MARK SHIELDS AND DAVID BROOKS AMONG OTHERS. THANK YOU AND GOOD NIGHT. MAJOR FUNDING FOR THE PBS NEWSHOUR HAS BEEN PROVIDED BY: AND BY THE ALFRED P. SLOAN FOUNDATION. SUPPORTING SCIENCE, TECHNOLOGY, AND IMPROVED ECONOMIC PERFORMANCE AND FINANCIAL LITERACY IN THE 21ST CENTURY. AND WITH THE ONGOING SUPPORT OF THESE INSTITUTIONS AND FOUNDATIONS. AND... THIS PROGRAM WAS MADE POSSIBLE BY THE CORPORATION FOR PUBLIC BROADCASTING. AND BY CONTRIBUTIONS TO YOUR PBS STATION FROM VIEWERS LIKE YOU. THANK YOU. Captioning sponsored by MacNEIL/LEHRER PRODUCTIONS Captioned by Media Access Group at WGBH access.wgbh.org