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President Obama Nominates Sotomayor for Supreme Court; Same-Sex Marriages on the Line in California; Gas Prices Inch Higher; The Help Desk; Mother & Son with Cancer Back Home

Aired May 26, 2009 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

(BEGIN VIDEO CLIP)

JUDGE SONIA SOTOMAYOR, SUPREME COURT NOMINEE: I choose to be a lawyer and ultimately a judge, because I find endless challenge in the complexities of the law. I firmly believe in the rule of law as the foundation for all of our basic rights.

(END VIDEO CLIP)

TONY HARRIS, CNN ANCHOR: Judge Sonia Sotomayor, President Obama's pick to replace Supreme Court Justice David Souter.

Let's get a conservative viewpoint on the announcement. Robert Alt is a senior legal fellow with The Heritage Foundation and, Robert, good to see you.

You know, there was criticism this morning, even before the official announcement. Some saying her record is hard left. Do you agree with that assessment?

ROBERT ALT, SENIOR LEGAL FELLOW, THE HERITAGE FOUNDATION: There are certainly things in her record that are disturbing, both in her rulings from the bench as well as statements that she's made outside of the bench that suggest not nearly hard left inclinations, but a desire to make policy from the bench. And I think that would be disturbing, not just to conservatives.

HARRIS: Robert, what's your view of the take?

ALT: Well, I actually have to say, despite the fact that she bandied about even before Obama took office, I was somewhat surprised. I think it's a pretty hard left choice. And given some of her statements, you know, along the lines of suggesting that a Latina woman makes better decisions than white men from the bench, as well as, you know, other statements suggesting that she doubts whether or not any judge actually can be impartial in those cases. I think that those statements will not sit well with many Americans who think that, you know, judges should actually be applying law rather than their preferences.

HARRIS: Hey, Robert, correct me on this. Does she say would make better decisions or could make better decisions?

ALT: Her statement was -- to be precise, was, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."

HARRIS: OK, would hope. OK.

In your view, was this a demographic choice, a representative pick?

ALT: Well, I certainly think that that weighed fairly heavily. You know, the difficulty...

HARRIS: In what way, do you think, Robert?

ALT: Oh, no, I mean, I think it was widely believed that Obama was looking to appoint a female nominee, and if he could appoint the first Hispanic to the bench, that that would be a positive factor for him.

HARRIS: Judge Sotomayor was first appointed, as you know, to the federal bench in, what, 1991 by the first President Bush. How strong a challenge to this pick do you expect from the political right?

ALT: Oh, you know, in terms of that, I think at this point it's probably a little too soon to say. I think that what you'll see, though, is a searching inquiry into her record. I mean, we're going based upon a limited number of statements that we already have, but the nominations of Alito and Roberts really changed the standard for the am of evidence that senators required. And I think that you'll see that more searching inquiry apply to Sotomayor.

HARRIS: Do you expect the suggestion to be made or raised in a straightforward way, or that she is not -- she does not have the judicial muscle, the temperament, to handle this job? That she's not smart enough to handle this job? Let me just be blunt with it.

ALT: Well, there have been reporters who have already raised those sorts of criticisms not from the right, but actually from the left. Some of her colleagues and some clerks for other liberal- leaning judges on the second circuit raise those sorts of claims. So whether or not they will be raised -- interestingly enough, those claims seem to be coming from the left, which desire to have a real intellectual heavyweight nominated to advocate their causes.

HARRIS: We will explore those claims.

All right. Robert Alt, we appreciate it. Thanks for your time.

ALT: Thank you.

She grew up in a New York City housing project and is poised to become the first Hispanic on the U.S. Supreme Court. President Obama has chosen Federal Appeals Court Judge Sonia Sotomayor as his Supreme Court nominee. She says it would be a profound privilege for her to serve.

(BEGIN VIDEO CLIP)

JUDGE SONIA SOTOMAYOR, U.S. SUPREME COURT NOMINEE: Thank you, Mr. President, for the most humbling honor of my life. You have nominated me to serve on the country's highest court and I am deeply moved.

(END VIDEO CLIP)

HARRIS: And we begin our coverage this hour with White House Correspondent Suzanne Malveaux.

Suzanne, as always, thanks for the next opportunity to speak with you.

How did the president come to this decision?

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, Tony, it was interesting, because it was over the weekend that he spent a lot of time thinking about this. He had interviewed all four of the final candidates by that time. That happened, and all four of them were women, by the way.

We are told that he made up his mind after the weekend and picked up the phone and called Sotomayor about 9:00 last night to give her the news that she had always been a leading candidate out of the pack here, that it was his instinct that really said she was the right one. It was nothing specific that put her over the top, per se, but he did interview her on Thursday, met with her for about an hour or so.

There were three things that the president mentioned that were really important in his Supreme Court pick. The first one, obviously, was intellectual heft, that she has the kind of legal background, judicial experience necessary.

Secondly, was to recognize the limits of the legal system of the law. He says to interpret the law, not to make the law.

And third, was something a little extra, something special, Tony, something that he referred to as the common touch. Take a listen.

(BEGIN VIDEO CLIP)

BARACK H. OBAMA, PRESIDENT OF THE UNITED STATES: She has never forgotten where she began, never lost touch with the community that supported her. What Sonia will bring to the court, then, is not only the knowledge and experience acquired over a course of a brilliant legal career, but the wisdom accumulated from an inspiring life's journey.

(END VIDEO CLIP)

MALVEAUX: It was Thursday that he met with Sotomayor at the White House for about an hour or so. This was the candidate that he knew the least, but White House aides in background briefings this morning are telling us that that interview was really critical, that he felt very comfortable with her, that he knew that she was the one, that she was the right fit.

She and the other three finalists have been filling out their Senate questionnaires, all of them asked to do that about a week or so ago. But no one knew who was actually going to be chosen until late last night, Tony.

And I have to tell you, it was a very interesting ceremony this morning in the East Room, very unique. She recognized her mother, who was in the front row. Her father had died early on in her childhood, said that her mother was quite inspiring.

And a lot of people in that room were crying, tears, very emotional about that moment when she said that she was full of gratitude. And President Obama obviously using that, using the background, using her full life story to make the case that he believes she's the right choice -- Tony.

HARRIS: Boy, we were all wishing there was a camera in that room on the judge's mom at that announcement, because we knew that it was an emotional moment for mom.

Our White House Correspondent Suzanne Malveaux for us.

Suzanne, appreciate it. Thank you.

MALVEAUX: Thanks.

HARRIS: You know, it is one of the most enduring decisions a president can make. So we want to take an in-depth look at President Obama's Supreme Court choice.

For that, let's bring in Senior Political Analyst Gloria Borger in Washington, and our senior legal analyst, Jeffrey Toobin, in New York.

And Jeffrey, let me start with you. And I've got a bunch of questions for Gloria as well.

Jeffrey, would this pick if confirmed, change the ideological balance of the court in any significant way?

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Probably not, and probably not immediately, because Judge Sotomayor, if she's confirmed, will probably be a moderate liberal, very much in the mold of what David Souter became on the court. So, the ideological balance on the court, which is currently four very conservative justices, four pretty liberal justices, and Anthony Kennedy, in the middle as the swing vote. So, this would probably be, at least initially, simply one liberal replacing another.

But, you know, Byron White, who was on the Supreme Court for many years, used to say, when you change one justice, you change the whole court. So there will be subtle changes in the dynamic, for sure, if she's confirmed, and this is very likely not President Obama's only choice for the court. So, over time, there could be a lot of changes.

HARRIS: And boy, Jeffrey, Robert Alt was with us just a moment ago, senior legal fellow with the Heritage Foundation. He said he was a bit surprised by the choice. He thought it was a hard-left pick. Is that evidenced by the record of this judge?

TOOBIN: Well, I think hard left is going to be a tough case to make. Certainly on the -- in the range of federal appeals court judges, Judge Sotomayor is on the more liberal side. But appeals court judges are bound by Supreme Court precedence, so they don't tend to go off on their own making new policies, making new law.

They are very constrained in what they can do. So I think making the case that she's hard left will be difficult, but there is evidence in the record that she is definitely a liberal on certain issues.

HARRIS: Yes.

TOOBIN: And if that is something that is disqualifying for a Supreme Court nominee, she could be in some trouble. But given the way that the Senate is made up today, that's probably not the case.

HARRIS: And Jeffrey, appreciate it. Got to let you go. You've got to get to CNN International.

Let's bring in our political analyst, Gloria Borger, in Washington.

And Gloria, what can you tell us? What is it, oh, in the last few days, maybe weeks, maybe a little longer, that tipped the balance in the direction of Sonia Sotomayor? There were so many good choices out there, many have said, for this president.

GLORIA BORGER, CNN SR. POLITICAL ANALYST: Well, in talking to one White House source, and as Suzanne Malveaux just reported, really I think it came down to kind of a personal decision on the part of the president. He had interviewed four nominees. I believe she was the last one to be interviewed last Thursday. She had spent about six hours at the White House, one hour with the president himself.

And I was told -- and this is a quote from a senior administration official -- she won it in the interview. So there must have been a real sense that they share the same philosophy.

Remember, he talks about empathy, he talked about life experience. And as others have pointed out on CNN this morning, her life experience, being raised by a single mother, is not that different from Barack Obama's life experience when you think about it. And he's clearly made the case that he wants somebody on the bench who understands the life of real people.

HARRIS: Yes. Hey, Gloria, frame this up for us. What is likely to be at the heart of the Senate confirmation debate on this pick?

BORGER: Well, it's interesting. I've talked with a bunch of conservatives this morning who are going to be leading the fight on this outside the Senate, and their notion is -- and it always does come back to this -- is she an activist judge? Does she believe that you should make policy from the bench? But interestingly, it's not so much the court decisions that she's done that they're looking at, although there will be some of those, but there are no real sort of abortion issues, for example. What they are really going to be looking at and what they are gathering are speeches she has made, panels she had served on, her public utterances, if you will, about the role of the court. In particular, one, in 2005, at Duke University, where she said that the federal court of appeals is where "policy is made"

HARRIS: Yes.

BORGER: Now, you know, that could be a problem for her, because there are lots of folks in the Senate who don't believe you should legislate from the bench, that that is, in fact, the job of the Congress.

HARRIS: Hey, Gloria, you're our senior political analyst, so I'm going to ask you a political question here.

BORGER: Go ahead.

HARRIS: I asked this of Candy just a few moments ago. Has the president, with this pick, essentially taken a major voting bloc off the table for Republicans?

BORGER: Well, it clearly did not escape them that she is Hispanic. It clearly did not escape them, in talking to folks at the White House, let the Republicans make a fight against an Hispanic nominee, the largest growing population in this country.

These votes are up for grabs in the future for both the Democratic Party and the Republican Party. You had a very divisive fight over immigration reform that split the Republican Party down the middle. I think this president might like to do that again. I mean, clearly, the fact that she's Hispanic was a factor.

HARRIS: See, I think that's the answer. I think that's part of the calculation here.

BORGER: Sure.

HARRIS: Our senior political analyst, Gloria Borger, from Washington.

Gloria, great to talk to you. Appreciate it. Thank you.

BORGER: Thank you. Sure.

HARRIS: Judge Sonia Sotomayor, President Obama's first choice for the United States Supreme Court, just one of the faces of this story that we are following today.

And in 45 minutes, gay couples get California Supreme Court's decision on Proposition 8.

And North Korean leader Kim Jong-Il thumbing his nose at the world again with more menacing moves today.

(COMMERCIAL BREAK)

HARRIS: Right now, anxious crowds are gathering in San Francisco. The fate of Proposition 8 which bans same-sex marriage is being decided this hour. The state Supreme Court is expected to announce its ruling shortly.

Dan Simon is outside of the courthouse in San Francisco.

And Dan, the decision to come, as we mentioned, in less than an hour. Set the scene for us, if you would, in San Francisco.

DAN SIMON, CNN CORRESPONDENT: Hi, Tony.

You can sort of feel the tension building here as people await this decision from the California Supreme Court. You can see people behind me who are starting to line the Supreme Court courthouse here in San Francisco. Hundreds of people obviously expected to gather. More people really arriving by the minute.

And really what's at stake here, the future of same-sex marriage here in California. The justices looking at Proposition 8.

What exactly is Prop 8? It appeared on the November ballot, and it was approved by voters, a narrow majority of voters here in California, by a 52 percent to 48 percent margin.

And what Prop 8 said is it defined marriage, traditional marriage, between a man and a woman. And what that did, what that did, it stripped same-sex marriage away from people here in the state of California.

And basically what the court has to do here, it has to look at three different things. It has to decide whether or not Prop 8 takes away the -- it's hard to say, Tony -- the...

HARRIS: Inalienable rights.

SIMON: Yes, that's always a tough word. It has to look at that.

It also has to look at whether or not Prop 8 was an amendment or a revision to the California Constitution. If, in fact, it was a revision, it needed to get approval from the California legislature, and that did not happen here. Also, the Supreme Court has to decide what happens with the 18,000 or so people, same-sex couples, who got married in California prior to the passage of Proposition 8.

And what we saw back in March, for people who attended that hearing -- and I was fortunate enough to have a seat in the courtroom back in March -- and it appeared back then that the Supreme Court would rule in favor of Prop 8 because they did not -- based upon the questions that they were asking, it seemed like they did not want to basically overrule the will of the majority. And that's what we're looking at right now -- Tony.

HARRIS: OK, Dan. Appreciate it. No worries. I have problems with "Tony Harris" most days.

Dan Simon, thank you.

We're expecting crowds in other California cities today. Gay rights activists have scheduled marches throughout the state. No matter what the court decides, many of them got an early start last night in Los Angeles. So far, Proposition 8 supporters aren't (ph) planning organized protests. They say they'll work to unseat any judges who oppose the marriage ban.

And we are taking your comments on our blog on the president's pick to the Supreme Court. CNN.com/newsroom -- there's the man, Josh Levs -- who is that with Josh? -- sorting through them.

Your comments coming up in just moments in the NEWSROOM. We're back in a moment.

(COMMERCIAL BREAK)

HARRIS: Let's give you some background now on Judge Sonia Sotomayor.

She was born June 25, 1954. She graduated from summa cum laude from Princeton University in 1976 and received her law degree from Yale Law School in 1979. Sotomayor was the first Puerto Rican woman to serve as a U.S. Circuit Court judge.

She was nominated to the bench by President George H. W. Bush in 1991. She was elevated to the Appeals Court by President Bill Clinton in 1998. Judge Sotomayor would be the first Hispanic on the high court.

We want to play for you now Judge Sonia Sotomayor's entire speech at this morning's announcement.

(BEGIN VIDEOTAPE)

(APPLAUSE)

SOTOMAYOR: I was just counseled not to be nervous. That's almost impossible.

Thank you, Mr. President, for the most humbling honor of my life. You have nominated me to serve on the country's highest court, and I am deeply moved.

I could not, in the few minutes I have today, mention the names of the many friends and family who have guided and supported me throughout my life, and who have been instrumental in helping me realize my dreams.

I see many of those faces in this room. Each of you, whom I love deeply, will know that my heart today is bursting with gratitude for all you have done for me.

The president has said to you that I bring my family. In the audience is my brother, Juan Sotomayor -- he's a physician in Syracuse, New York; my sister-in-law, Tracey; my niece, Kylie -- she looks like me. My twin nephews, Conner and Corey.

I stand on the shoulders of countless people, yet there is one extraordinary person who is my life aspiration. That person is my mother, Celina Sotomayor.

(APPLAUSE)

My mother has devoted her life to my brother and me. And as the president mentioned, she worked often two jobs to help support us after dad died. I have often said that I am all I am because of her, and I am only half the woman she is.

Sitting next to her is Omar Lopez, my mom's husband and a man whom I have grown to adore. I thank you for all that you have given me and continue to give me. I love you.

I chose to be a lawyer and ultimately a judge because I find endless challenge in the complexities of the law. I firmly believe in the rule of law as the foundation for all of our basic rights.

For as long as I can remember, I have been inspired by the achievement of our founding fathers. They set forth principles that have endured for than more two centuries. Those principles are as meaningful and relevant in each generation as the generation before.

It would be a profound privilege for me to play a role in applying those principles to the questions and controversies we face today.

Although I grew up in very modest and challenging circumstances, I consider my life to be immeasurably rich. I was raised in a Bronx public housing project, but studied at two of the nation's finest universities.

I did work as an assistant district attorney, prosecuting violent crimes that devastate our communities. But then I joined a private law firm and worked with international corporations doing business in the United States.

I have had the privilege of serving as a federal district court trial judge, and am now serving as a federal appellate circuit court judge.

This wealth of experiences, personal and professional, have helped me appreciate the variety of perspectives that present themselves in every case that I hear. It has helped me to understand, respect and respond to the concerns and arguments of all litigants who appear before me, as well as to the views of my colleagues on the bench.

I strive never to forget the real world consequences of my decisions on individuals, businesses and government.

It is a daunting feeling to be here. Eleven years ago, during my confirmation process for appointment to the Second Circuit, I was given a private tour of the White House. It was an overwhelming experience for a kid from the South Bronx.

Yet, never in my wildest childhood imaginings did I ever envision that moment, let alone did I ever dream that I would live this moment.

Mr. President, I greatly appreciate the honor you are giving me, and I look forward to working with the Senate in the confirmation process. I hope that as the Senate and American people learn more about me, they will see that I am an ordinary person who has been blessed with extraordinary opportunities and experiences.

Today is one of those experiences.

Thank you again, sir.

(APPLAUSE)

(END VIDEOTAPE)

HARRIS: That's quite a moment.

Joining us to talk about the president's pick, CNN Senior Political Correspondent Candy Crowley, live from Washington.

Candy, I hardly know where to begin here. Let's start with the president's decision to choose an Hispanic.

Will anyone in this administration ever admit that this first seat was slotted for an Hispanic?

CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: No. In fact, they said that the president was going to pick the best qualified -- the person that had the qualifications. And, as we all know by now, the empathy that he wanted to have on the Supreme Court, at least in the Supreme Court soon to be nomination. So, listen, you know, just because something -- even if you take everyone at their word and say this was not a political pick, if was not a political intent, there certainly are political implications.

HARRIS: Oh, that was my next question.

CROWLEY: Yes. And the implications are, of course, that the fastest growing voting population is Hispanic. And the most contested area in the country in terms of politics is Nevada, Arizona, all of those places that have heavy Latino populations, voting populations. So obviously this is something that really has excited the Hispanic community. They had been somewhat upset that there has not been a cabinet appointment.

HARRIS: Yes.

CROWLEY: There was some feeling that the president, when he made it obvious that he wasn't going to move on immigration reform until next year, some feeling of disappointment in the Latino community that that hadn't happened. And now comes this history-making appointment of the first Hispanic to the Supreme Court. So even if politics played absolutely no part in the decision, I can tell you that his political advisers have got to be really excited. And there are political implications. There's no denying that.

HARRIS: Well, that's interesting. Candy, I remember those days of criticism from members of the Hispanic community over the choices or lack of choices to the president's inner circle and the cabinet. And then in my recollection, it all seemed to go away. The criticism seemed to vanish, which led me to think, I'm wondering if there was -- if there is any evidence to suggest that there was some deep, deep, back channel conversations from this administration to members of that community that suggested just be patient, be patient, we've got -- there's something coming down the road.

CROWLEY: There were meetings at the White House, not on this particular issue that I know of.

HARRIS: Yes. Yes.

CROWLEY: But there were -- there were meetings saying, cool your jets, as there have been with other groups, saying, there's a lot going on here. We've got the economy. We've got two wars. The president meant what he said on the campaign trail, these things will happen, and so settle down. We promise you that the commitment is there.

HARRIS: Yes. Yes.

CROWLEY: I find it hard to believe, just because things tend to leak, that they would have hinted in any way. And if we look at the White House time line, at least the one that they have given out, this decision wasn't made until last night. So I think it would be sort of foolish for them to kind of single they were going to do that, only because there would be great disappointment if they did.

HARRIS: All right. I'm getting a wrap here. But I don't get an opportunity to talk to you often enough, so I'm going to ignore that for the moment.

CROWLEY: Oh, dear.

HARRIS: My own peril here, and plunge ahead here. If you would, Candy, frame up the debate that's likely to take place in the Senate this summer.

CROWLEY: It's going to be about the proper role of the judiciary. You're already seeing this coming out in the e-mails, which I'm sure are also flooding your e-mail box, which is, listen, we don't want someone that's going to make law. We want someone that's going to go to the Constitution and that's where they find their bearings. You will hear Republicans say, is this about her personal politics? Is this about her personal feelings? Or is this about the law? So that's where Republicans are going to focus their intentions. And the fact is that, remember, she's been confirmed twice already.

HARRIS: Yes. CROWLEY: So because of the background checks then, I think the prospect that something we don't know about, that's really awful, is going to come out are pretty slim.

HARRIS: All right. CNN's senior political correspondent Candy Crowley. As always, Candy, appreciate it. Thank you.

CROWLEY: Thanks.

HARRIS: What can we expect from Judge Sotomayor? A fellow judge and friend weighs in next.

(COMMERCIAL BREAK)

HARRIS: Judge Sonia Sotomayor's nomination to the Supreme Court will have to get Senate approval. Congressional correspondent Brianna Keilar joining us now with the buzz from Capitol Hill.

And, Brianna, what are you hearing? What's the reaction so far?

BRIANNA KEILAR, CNN CORRESPONDENT: Well, we're hearing from Republicans and Democrats, Tony. Republicans say they want to make sure that they have enough time to go over Sotomayor's qualifications and her record. And something we've been hearing from almost every Republican we've gotten a statement from, and that's a warning that they do not want a so-called activist judge.

For instance, this from Senator Jeff Sessions. He's the top Republican on the Senate Judiciary Committee that would be in charge of her hearing. He says, "we must determine if Ms. Sotomayor understands that the proper role of a judge is to act as a neutral umpire of the law, calling balls and strikes fairly without regard to one's own personal preference or political views."

So this is the concern that we're hearing from almost every single Republican, Tony.

On the flip side, what we're hearing from Democrats, like Senator Patrick Leahy, chairman of the Senate Judiciary Committee, is an emphasis on what they see is the bipartisan appeal of this pick. That she's been confirmed two times before by the Senate, picking up a fair number of Republicans who voted for her confirmation. And we've heard Senator Chuck Schumer, also on the committee, stressing that she is a moderate.

Of course, as time goes on, Tony, and we see more information come out about her, we're going to be hearing more details and reaction to these details from Democrats and Republicans.

HARRIS: Brianna, what's next in the process here?

KEILAR: The first thing, obviously, would be, in terms of the Senate, is going before the Senate Judiciary Committee. And what we have on the committee -- and we should note is 12 Democrats to just 7 Republicans, Tony. So you can see there, there's not presumably going to be a problem for Sotomayor in committee. But then this issue would, of course, go to the full Senate. There are only 59 Democrats. One short of the 60 vote filibuster proof majority. And so because of that, if Republicans decided to try to settle this, they could. But also looking at the past, 1998, when she was confirmed to the U.S. Court of Appeals, there were a number of Republicans still in the Senate now who did vote to confirm her. So we're really trying to gauge their thoughts on Ms. Sotomayor as time goes on here.

HARRIS: Yes. Brianna, appreciate it. Thank you.

Brianna Keilar on Capitol Hill.

Republicans will be taking a hard look at Judge Sotomayor's record. The party chairman, Michael Steele, just released this statement. Let's see it here. He says, "Supreme Court vacancies are rare, which makes Sonia Sotomayor's nomination a perfect opportunity for America to have a thoughtful discussion about the role of the Supreme Court in our daily lives. Republicans will reserve judgment on Sonia Sotomayor until there has been a thorough and thoughtful examination of her legal views."

OK. A lot of Internet traffic. A lot of blog activity on this announcement from the president today.

JOSH LEVS, CNN CORRESPONDENT: Yes.

HARRIS: Let's get to Josh Levs.

Josh, what are you finding there?

LEVS: Yes, that's at cnn.com/newsroom. Just click on Tony. Click on Tony and you'll see him. The big question we're asking right now, lots of people weighing in. They're flocking in, Tony. Let's just zoom right in. I want to get to several of these. We're hearing all sorts of opinions here in the NEWSROOM.

Let's start off with this one. Stephen, "an excellent choice. This is a poor girl from New York City that has risen by her own hard work and intelligence to become a very valid candidate to be a Supreme Court justice."

Jose (ph) over here, "Sotomayor believes in sunshine laws, meaning letting the people know clearly how government works. Can you ask for a more perfect choice?"

But Bob Hart (ph) disagrees. She says that she "fails to meet the standards to which Democrats and Republicans alike have held prior nominees. The nomination is not worthy of President Obama or the American people."

Now if you're on one of the major sharing sites like Twitter or Facebook, social networking, I'll just tell you, we've got discussions going in both those places. Here's my Twitter page, Joshlevscnn.

Check this out. Blogdiva. "Today I unapologetically wave my Puerto Rican flag at all of you as a proud Boricua mami.

And over here at Facebook we've got it going (ph), Joshlevscnn. This is interesting. A lot of people talking about this, Tony. "Why does ethnicity and race seem to be the key focus of discussion when the candidate is not Caucasian?"

HARRIS: Yes. And, yes, we're going to hear -- yes, well, the discussion continues.

Josh, I know you found some websites to help people learn more about Sonia Sotomayor.

LEVS: We do. Absolutely. Let me show you. You go to the main page at cnn.com right now and click on the main story and what you're going to find here when you get to that main story is this, which is really neat. It gives you a series of interactions here. It talks to you about her biography. Some controversial statements that she has made. Also, notable cases here. And what's next for her. What's ahead. So I encourage everyone to check it out right now, cnn.com. It's the main story. You can't miss it. Some good interactives to get the background on her, learn about her before you send us your opinion. How's that?

HARRIS: How about that for a concept?

LEVS: If you're not familiar with her already.

HARRIS: Read before you write.

Josh, appreciate it. Thank you.

Gas prices on the rise, but how high are they expected to go?

(COMMERCIAL BREAK)

HARRIS: Now that Memorial Day has come and gone, summer as -- well, at least unofficially begun -- I wanted to say officially, but no it's unofficially -- and so has the peak driving season. So what can we expect to see at the gas pumps? Stephanie Elam is at the New York Stock Exchange -- I'm rushing summer here -- with details.

STEPHANIE ELAM, CNN CORRESPONDENT: I know.

HARRIS: I tell you what we don't want to see, Stephanie, and that's$4 a gallon.

ELAM: Oh, yes, no, I don't think we're going to see that either, Tony.

HARRIS: Why are you so . . .

ELAM: Don't hold me to that.

HARRIS: Yes, OK.

ELAM: But let me break it on down for you, Mr. Harris. HARRIS: Please.

ELAM: As of today, gas is at $2.43 a gallon. That's the national average according to AAA. Now prices have risen for 28 days in a row. And during that time, prices are up nearly 38 cents. Before you get all upset, think about this little bit right here.

HARRIS: OK.

ELAM: A year ago, prices were near the $4 a gallon mark. And that was a little painful. I remember that.

HARRIS: Well, they were too high back then. But, never mind. I'm sorry.

ELAM: Control it. Yes. I know.

HARRIS: All right. All right. Breathe. Breathe.

ELAM: Just a second here. Breathe.

Now analysts expect prices will continue rising over the next few months. I will not lie to you. That part is true. That normally happens going into the summer because that's when we're driving. That's normal.

But they don't expect the record highs that we saw last summer. One analyst said, if you believe in $3 gas, then you believe in the Dow going back to 10,000. Pointing out that the fundamentals aren't there to push either one to high at this point. So many expect gas prices will top out fairly soon. So, you know, we can control it a little bit. And if you've lived through last summer, you'll make it through this summer, Tony.

Now, as far as the stock markets are concerned, they are really having an enjoyable day. No one's worrying about them topping out, even though we were worried about that with gas prices. We're not worrying about that here. Small losses last week, but right now the stock market is showing no signs of slowing down. Take a look at this. The Dow is on the up side by 176 points, 8,453, just about. And the Nasdaq up over 3 percent right now.

This all happening, Tony, because of the fact that we actually saw consumer confidence looking good. That's giving the markets a little lift here today.

HARRIS: Stephanie, appreciate it. I wanted to talk a little bit more about oil and gas prices, but I have to breathe. Contain it.

ELAM: OK, breathe. Breathe is good.

HARRIS: Breathing is good.

All right, Stephanie, appreciate it. Thank you.

ELAM: Yes. HARRIS: You know, sometimes it's better to rent than buy. See if you can save a bit more money by renting. Here's what you do. You just go to our web page, our money page, cnnmoney.com.

Happening right now, live pictures from San Francisco. Rallies opposing Proposition 8 are going on. Boy, they've certainly increased in size over the last 15, 20 minutes or so. We're expecting a decision to come down from California lawmakers. Actually it's the Supreme Court on whether same-sex marriage is legal. And CNN will, of course, have a decision when it happens in about 14 minutes from now. You're in the CNN NEWSROOM.

(COMMERCIAL BREAK)

HARRIS: All right. Now for the CNN Help Desk. Today Gerri Willis has a word of caution about refinancing offers. Plus, advice for new home buyers.

GERRI WILLIS, CNN CORRESPONDENT: We want to get you answers to your financial questions. Let's get straight to The Help Desk.

Donna Rosato is a senior writer at "Money" magazine. And Dwight Rayford is a senior financial planner at MetLife.

Let's get to those questions. Jorrie & Ken asks, "we have a loan of $204,000 at 5.875 percent, 30-year fixed. Wells Fargo has offered us a refinance of the current balance of 191,000 at 5.375 percent, 30- year fixed. No closing costs, no fees. Is there a downside to this that we're not seeing? My husband is 100 percent service-connected disabled veteran." What's your advice, Dwight?

DWIGHT RAYFORD, FINANCIAL PLANNER: There is a down side. First of all, there's no such thing as no closing costs, no fees. There's an appraisal fee probably. The house has to be reappraised. Secondly, the difference in the interest rates well represent about a $200 a month reduction in the payment. But that's not what's going on here.

These folks have had this mortgage for some time. They've paid down a lot. And why reset and reload on interest? They will be resetting for another 30 years. And, remember, interest on a mortgage is front loaded. So the earlier payments are interest payments as opposed to what they're doing now, is paying towards principal.

Given the fact that the husband is probably on a fixed income, my recommendation is, let's get the mortgage paid down. So I'm not sure this is a good deal for them.

WILLIS: Freddy asks, "I'm 29 years old and I live with my wife and kids in a rental home in Iowa. I have no investments and a FICO score of 720. However, I have two auto loans and about $7,000 in credit card debt. Our combined net income last year was $46,000. We want to take advantage of the first-time buyer incentive program. We have a little over $3,000 in a CD account which we plan to use for the down payment. I want to pay off my car loans first, but I think the incentive program is just until November. What do I do first?" Donna, I can feel what you're going to say. Go ahead.

DONNA ROSATO, SR WRITER, "MONEY" MAGAZINE: Right. Well, of course, you know, you're right. The first on home tax buyer credit is a limited time offer. It will expire December 1st.

But there's a lot of other things that you think about. It's a nice incentive but there are a lot of factors you have to take into account if you're going to buy a home for the first time. I think his instinct is right. He's got a decent credit score, but it's not great. He's got a lot of high interest-rate debt. Go with your instinct, pay down that debt, get rid of that credit card debt. Why don't you, you know, pay down those loans. You're not only going to help -- that will help boost your credit score, which might enable you to get better rates. You're going to have more money to pay on mortgage.

WILLIS: Great advice, guys.

The Help Desk is all about getting you answers. Send me an e- mail to gerri@cnn.com or log on to cnn.com/helpdesk to see more of our financial solutions.

And The Help Desk is everywhere. Make sure to check out the latest issue of "Money" magazine on newsstands now.

HARRIS: And happening right now, a building crowd in San Francisco. Let's show you the live pictures. Oh, we just lost the shot? Maybe we can turn some tape here. There we go. We got it back. Rallies opposing Proposition 8 are underway right now. Let's see. In less than 10 minutes, a decision will come down from California's supreme court on whether same-sex marriage is legal. CNN will, of course, have the decision when it happens.

(COMMERCIAL BREAK)

HARRIS: Winds and rain whipping again in Florida. This is an i- Report from Jim Robinson. He shot it in Tamarac, Florida, just yesterday. More rain, thunderstorms expected again today. Meteorologist Chad Myers is tracking it all for us in the severe weather center.

And, Chad, another day and more tricky conditions for Florida?

(WEATHER REPORT)

HARRIS: Days after a Minnesota mom and her cancer-stricken son took off to avoid his chemotherapy, the two are back home and headed to court this afternoon. An attorney suggests they will no longer fight court-ordered treatment. CNN's Susan Roesgen has the very latest.

(BEGIN VIDEOTAPE)

SHERIFF RICH HOFFMAN, BROWN COUNTY, MINNESOTA: It is a good day as Daniel and Colleen Hauser have been safely returned to Minnesota. SUSAN ROESGEN, CNN CORRESPONDENT (voice-over): After a week on the run, Colleen Hauser and her 13-year-old son, Danny, got on a plane in California and came home. A film production company flew them on the company jet and did this interview.

COLLEEN HAUSER: He was going to run away. Danny was going to run away. And then what do I have? I mean, he was going to run. And that just broke my heart.

ROESGEN: Danny has Hodgkin's Lymphoma, a type of cancer that's treatable with chemotherapy. But after the first treatment, Colleen says Danny was in terrible pain and wanted to try holistic therapy.

UNIDENTIFIED FEMALE: There's people who are saying that this was your mom's decision. Mom's the one that basically convinced you not to do chemo. What would you say to those people?

DANIEL HAUSER: I'd tell them to back off.

ROESGEN: Now, Danny will most likely get his court-ordered chemotherapy. And keeping a promise, the local sheriff won't charge Colleen with any crime.

C. HAUSER: (INAUDIBLE) one of my children running away from something that they should face. And face it head on. He knows he can beat and he knows he's going to beat it.

ROESGEN: Susan Roesgen, CNN, New Ulm, Minnesota.

(END VIDEOTAPE)

HARRIS: And we are pushing forward now with the next hour of CNN NEWSROOM with Alina Cho.