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Supreme Court On Healthcare; Gingrich Slashing Campaign Staff; Sixty Percent of Republicans Want Gingrich Out; Magic and Friends Buying Dodgers; Congresswoman Corrine Brown Is Interviewed

Aired March 28, 2012 - 14:00   ET

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

BROOKE BALDWIN, CNN ANCHOR: And hello. I'm Brooke Baldwin here. Top of the hour, as always, we begin with "Rapid Fire." Roll it.

First up here, the U.S. Supreme Court now in its third and final day, hearing a case that could change the lives of almost all Americans. We're talking about the law overhauling the nation's health care.

Today's focus, the domino effect. If this provision requiring just about everyone to carry health insurance, if that is struck down, should that invalidate the rest of the law with its some 450 provisions? The justices are also examining if the federal government can force states to add to their Medicaid costs.

We're going to get a live report for you from the steps of the high court in a matter of minutes. Also a huge endorsement coming tomorrow for Republican presidential front-runner Mitt Romney. Former President George H.W. Bush, shown here, getting the Medal of Freedom, scheduled to announce his support.

You know former first lady Barbara Bush already has made robocalls for the former Massachusetts governor. Also former Florida Governor Jeb Bush endorsed him last week. No announcement yet from the other former President Bush.

Also this -- 15 Syrians killed today as the government's army continues to shell its own people. About 10,000 Syrians have died since this uprising began. And U.S. Senator John McCain and a bipartisan group of senators have now unveiled this resolution that is calling for an end to the slaughter.

(BEGIN VIDEO CLIP)

SEN. JOHN MCCAIN (R), ARIZONA: How many have to die? How many have to die before the United States will take a leadership role in trying to end the mass slaughter? The people of Syria need to know that we in America are on their side. It matters to them. It matters to them.

(END VIDEO CLIP)

BALDWIN: The resolution condemns Syria's government and supports the right of Syrians to defend themselves. Meantime, top U.S. and Pakistani generals met for the very first time today since NATO air strikes killed 24 Pakistani soldiers back in November. Anti-U.S. protesters seen here are a sign of Pakistan's tenuous relationship with the United States.

The air strikes and earlier raid on Osama bin Laden's compound are big factors in that. The generals now are just trying to determine what went wrong during those air strikes.

And a Texas woman who killed her five children is seeking her freedom two hours a week so she can go to church -- talking about Andrea Yates. Do you remember this story? She drowned her children in a bathtub 10 years ago now.

Well, her attorney says he believes she's been ready for years to get a job, live on her own, and a church pass would be that first step. Yates is currently confined in a state psychiatric hospital.

And it is the most anyone has ever paid for a pro sports franchise in our nation's history. I'm talking $2 billion here for the L.A. Dodgers. The group making this offer includes former NBA superstar Magic Johnson. The Dodgers are in bankruptcy, so a federal court has to approve the sale.

And Prince Harry, moving right next door to brother Will and wife Kate. The 27-year-old prince will live in a small apartment at Kensington Palace, where the Duke and Duchess of Cambridge moved just last year. Apparently the brothers, they wanted to be close.

(BEGIN VIDEO CLIP)

ROYA NEKKA, "SUNDAY TELEGRAPH": Talk to anyone who knows them, particularly aides who work with them, they will always say that, you know, William and Harry are fantastic, professional on their own, but together, they're a real tour de force.

(END VIDEO CLIP)

BALDWIN: Prince Harry is third in line to the throne behind his dad and brother.

And in New York State, my goodness, you heard about this one? An embarrassing mistake for police there. Seventy-six-year-old Fred Skinner just had sat down for breakfast when officers burst through his front door on a drug raid. Only problem was, oops, wrong house. It didn't stop Auburn police from detaining Skinner for five frightening minutes before realizing the mix-up.

(BEGIN VIDEO CLIP)

FRED SKINNER, POLICE RAID VICTIM: They come through that door. And they just smashed that door (inaudible).

(END VIDEO CLIP)

BALDWIN: Police have since reimbursed Skinner for damages to his front door.

And talk about a payday, hello. How would you like to take home a cool half-billion dollars this Friday? Well, you will have to fork over just a dollar for a lottery ticket to have that chance. But the jackpot in this Mega Millions games, it is now up to a whopping $500 million. Folks, that's the largest lottery jackpot in U.S. history.

Speaking of U.S. history here, any minute, our CNN crew's going to rush out of the Supreme Court and tell us what happened inside. Stay right there. Be right back.

(COMMERCIAL BREAK)

BALDWIN: It is the third and final day of health care on trial. The U.S. Supreme Court taken on challenges to President Obama's Affordable Care Act. Keep in mind, just a little historical perspective for you. The last time the Supreme Court spent this much time hearing a case, folks, that was 1954, Brown versus Board.

Just to show you how high the stakes are here this week in Washington. So today's focus, we're talking about this phrase, severability. What does that mean? So if the part of the law that requires nearly every American to have health insurance is struck down, the next question is, can the rest of its 450 or so provisions still stand? Can those pieces still survive?

And these include, you know, rules many are taking advantage of already right now. For example, free preventive care, insurance for patients with pre-existing conditions, insurance for college-aged children, covered under their parents' plans.

So let's first hear a little bit from some of the proceeding this morning. This is a two-part proceeding. Part of it's still underway. Just to set this up for you, this is an exchange you're going to hear between several of the justices and one of the U.S. government attorneys. Take a listen.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: You really want us to go through these 2,700 pages?

(LAUGHTER)

UNIDENTIFIED MALE: And do you really expect a court to do that? Or do you expect us to give this function to our law clerks? Is this not totally unrealistic that we're going to go through this enormous bill, item by item, and decide each one?

UNIDENTIFIED MALE: Well --

UNIDENTIFIED FEMALE: (Inaudible) but you don't have to --

UNIDENTIFIED MALE: Well, that is -- that is --

(CROSSTALK) UNIDENTIFIED FEMALE: -- said was essential.

UNIDENTIFIED MALE: But that is correct. And I'd also like to -- going -- I just wanted to finish the thought I had about this being a matter of statutory interpretation.

The court's task, we submit, is not to look at the legislative process to see whether the bill would have been -- would have passed or not, based on the political situation at the time, which would basically convert the court into a function such as a whip count. That's not the court's --

(CROSSTALK)

UNIDENTIFIED FEMALE: And that would be a revolution in our severability law, wouldn't it?

UNIDENTIFIED MALE: Yes. It would.

UNIDENTIFIED FEMALE: I mean, we have never suggested that we're going to say, look, this legislation was a brokered compromise, and we're going to try to figure out exactly what would have happened in the complex parliamentary shenanigans that go on across the street, and figure out whether they would have made a difference.

Instead, we look at the text that's actully given us. For some people, we look only at the text. Should be easy for Justice Scalia's clerks.

(LAUGHTER)

(BEGIN AUDIO CLIP)

BALDWIN: A little humor from some of the justices there inside the U.S. Supreme Court. Keep in mind, this bill, 2,700 pages. So that's what they were just talking about.

The Supreme Court today is also looking at whether the federal government can force states to expand their Medicaid costs, which is also part of the Affordable Care Act. Twenty-eight states say no, that's not legal. So we have, of course, Jeff Toobin inside the courthouse and Kate Baldwin as well.

But I want to bring in senior medical correspondent, Elizabeth Cohen, because we're going to focus here with you, specifically on this potential extension of Medicaid, which would, what, add something like 17 million more Americans?

ELIZABETH COHEN, SENIOR MEDICAL CORRESPONDENT: It's huge. And I think, to some extent, it's been overlooked. This would be the biggest expansion of Medicaid ever. It would increase the ranks by 44 percent. It would be such that Medicaid would become the second most common way that people get insurance --

BALDWIN: Beyond an employer.

(CROSSTALK)

COHEN: -- an employee. Exactly. So this is a big deal if the Supreme Court overturns this. It would be a big deal.

So I want to talk about real people her and invite some of my imaginary friends to come talk with us and we will see them now.

For example, the fast food Foster family. All right. Right now the Fosters are not eligible for Medicaid because they would have to make less than about $23,000 to be eligible for Medicaid. However, health care reform would make it so they could actually made $ $31,809.

So you see, that 's a big difference. I mean, it goes from saying no to this family to saying yes to this family. So $31,000 is a whole lot more than $22,000.

BALDWIN: So if we're talking changes in income, what other changes could we see?

COHEN: Well, right now, you can't get on Medicaid if you're a single person just because of your income. I mean, you could earn $5 a year and you can't get on Medicaid if you're a single person, if you're not pregnant, you don't have children, all of that.

So let's take a look at Seamstress Sally. She makes -- her income is really low, really low, $15,415 a year. She cannot get Medicaid now. But once health care reform does pass, she can get Medicaid, even though she doesn't have a child or isn't pregnant.

BALDWIN: OK. So potential changes there. And again, that's just one part of what they were talking about today. Elizabeth Cohen, thank you very much.

You know, again, as we mentioned, we have senior legal analyst, Jeff Toobin, who, you know, you saw the headlines yesterday, saying essentially, you know, it was a train wreck and he didn't think it was likely for this thing to pass muster through these, you know, eight justices and the chief justice.

So we're going to bring Jeff Toobin out, as soon as he can hustle out of there, as soon as the second part of those oral arguments are finished, along with our congressional correspondent, Kate Baldwin, and we're going to ask them how it went today. And that will happen any minute now. So stay tuned. We'll be right back.

(COMMERCIAL BREAK)

BALDWIN: Some sad news just to pass along to you this afternoon about that 4-year-old boy who had been missing since Saturday at an Arkansas campground. We now know his body was found today in a river. Just yesterday, we were talking to search crews on this show.

Caleb Lynn was with his aunt when he told her he was going to walk up to a cabin, join some of the other kids on that weekend trip. They were at this Boy Scout camp, just clearing out storm debris from this bridge. Last night, rescue workers found two of Caleb's T-shirts right along this river, prompting a search of the river again today. And police say they do not suspect foul play.

And, you know, we keep hearing about the race in -- about race specifically in the Trayvon Martin case. But the teenager is African- American, the man we're talking about under fire is Hispanic. Both minorities. So as this investigation is still unfolding, without all the facts, have some people rushed to make race the issue?

Coming up next, I'm going to press this a little bit with former Congresswoman Corrine Brown, organized a racial profiling forum on this very matter on Capitol Hill. Our conversation is next. Don't miss this.

(COMMERCIAL BREAK)

BALDWIN: We are learning new information in the case of this absolutely, gripped this nation, I'm talking about the killing of Trayvon Martin.

So it turns out police actually wanted to arrest the shooter, George Zimmerman, but the state attorney told them they needed more evidence. This is according to the reports obtained both by "The Miami Herald," also by CBS News.

Zimmerman, as you know, he's not been arrested or charged in the death of 17-year-old Trayvon Martin. Zimmerman, he is a neighborhood watch captain, who thought Martin looked suspicious when he saw him walking out on the night of February 26th.

So what did he do? He followed him, and moments later, Martin was dead from a gunshot. Now Zimmerman says he shot him in self- defense, though Martin was not armed. His lawyer is citing Florida's "Stand Your Ground" law, which lets people use deadly force if they have a reasonable fear of harm, but Trayvon Martin's mother tells CNN she doesn't buy Zimmerman's story one bit.

(BEGIN VIDEO CLIP)

SYBRINA FULTON, TRAYVON MARTIN'S MOTHER: I have no confidence that my son chased this guy. I really believe that this guy chased my son, and my son was protecting himself. My son was exercising his "Stand Your Ground" rule.

(END VIDEO CLIP)

BALDWIN: I want to bring in Florida Congresswoman Corrine Brown, who held a congressional forum with Martin's parents just yesterday. She also represents the district where Trayvon Martin was shot.

Congresswoman, welcome to you. We listened to some of your roundtable yesterday. We dipped into it live on this show. And my first question is, you know, you and so many others, I know, have been very, very critical of police in this case. Do you think that after learning they did initially want to charge George Zimmerman? REP. CORRINE BROWN (D), FLA.: Well, you know what, let me just say, I want to correct one of the things that you said earlier. Captain of neighborhood watch. Self-appointed captain of neighborhood watch. That's the problem. Did not go through the training.

It is very clear when you're involved in a neighborhood watch, if the police tell you to step down, you don't follow the person, of course, you don't have a gun. You just wait on the police. That is the first thing.

BALDWIN: No, I absolutely understand.

BROWN: And I just want to be clear. It is a problem that you keep -- not just you, that the media keep saying, captain of neighborhood watch. Self-appointed. No training.

BALDWIN: We have -- ma'am, we have spoken to neighbors, though, who tell a different story, say that absolutely Zimmerman told him that he was indeed following police orders, was going back to his car. And that's when this altercation happened.

We haven't talked to Zimmerman, so I can't tell you for a fact what he was thinking that night. But I do want to tell you --

(CROSSTALK)

BROWN: Why did he out of the car in the first place?

BALDWIN: Congresswoman Brown, let me just get back to my question. As I said, you've been critical of police. We have learned that they initially did want to charge him, but they did not. Do you stand down on some of your criticism of police?

BROWN: Absolutely not. They have botched this every step of the way. And when did you find out that this was recommended? Yesterday. This could have just been brushed under the -- you know, the fact is that the police department have mishandled this every step of the way.

I just finished reviewing the police report. Incomplete, incomplete. I mean, you tested the young man but yet you didn't test the shooter for drugs, alcohol. You didn't -- you didn't secure the area, you didn't get the clothes. I mean, it is a disaster. It's a -- it's a disaster on the professionalism of so many police departments around this country.

And let me just say one other thing, if a police officer is involved in a shooting, he steps down. He no longer has his weapon or the -- while the investigation is going on.

BALDWIN: And the chief has. And the chief has temporarily -- and I hear the frustration. I hear it. And the thing is, as you very well know, this has gone to the FBI, DOJ's investigating it. An attorney's been appointed by the governor of the state. Why not wait -- why not wait until all that investigation happens, until that's complete and then hold this forum? BROWN: But let -- no, no. No, no. We must get this information out. Until we had this forum yesterday, you didn't know about the fact that someone had recommended that at least some charges be brought against Mr. Zimmerman. You did not know that.

So, basically, I hope this is not a cover-up, you know, the facts in the case are coming out because of the hearings and because of the marches and because of the fact that you're spot -- putting a light on this case.

BALDWIN: And I imagine in speaking with, you know, the parents yesterday, that they are incredibly appreciative for -- to you and so many others for taking this to the level that many people having, including yourself, on Capitol Hill. And this is incredibly --

(CROSSTALK)

BROWN: And you know what the mother said?

BALDWIN: Yes. Go ahead. What did she tell you?

BROWN: The mother said, that, you know what she said? She said this is not about black and white. This is about right and wrong. And it is wrong to disvalue (sic) a black youth life the way this young man has been mistreated, the way he has been profiled. And you know what, you never would have known it unless the 9/11 (sic) tapes was released. You would not have known all of this.

BALDWIN: Congresswoman, let's get to the right and wrong, to her point. Incredibly, incredibly tragic. But why not take this moment to take this whole thing a step further and talk about gun violence and gun control?

You have a 6-year-old shot and killed right on her front porch in Chicago very recently, a horrendous school shooting in Chardon, Ohio, last month. Why not take it a step further and talk guns?

BROWN: Well, you know, I'm very happy that we are talking guns and we are talking violence. In addition to that, people are coming up to me, they're talking education. How can we make things better for the youth? This is energizing youth all over.

A hundred youth came up from Orlando yesterday. So they're getting involved. They understand the importance of registering and voting, because they understand that if it wasn't for elected officials speaking up, this would have been shoved under the rug.

So, yes, we need to talk about the disparity as far as what exists in this country, as far as health care is concerned, as far as education, as far as opportunity for jobs. Yes, let's have this debate. Let's put it on the table.

BALDWIN: A lot of people were aware of this before we heard about it, you know, from Congress. It certainly percolated in Sanford many weeks ago, and here on this show as well. But I want to talk about something that happened, Congresswoman Brown, on the House floor earlier today. Watch this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The member will suspend.

UNIDENTIFIED MALE: These words --

UNIDENTIFIED MALE: The member will --

UNIDENTIFIED MALE: These words -- you have shown your man --

UNIDENTIFIED MALE: The member will suspend. The chair must remind --

(CROSSTALK)

UNIDENTIFIED MALE: (Inaudible) require you, what you do justly --

(END VIDEO CLIP)

BALDWIN: Illinois Congressman Bobby Rush removed from the floor while talking about Trayvon Martin. He was wearing a hoodie. Would you, would your fellow African-American lawmakers be as concerned about this case if Trayvon wasn't black?

BROWN: Oh, let me tell you something. We had an incident in my area where a young, white female was murdered. And I was just as concerned. Absolutely. I care about all of the children.

BALDWIN: Congresswoman Brown, what was her name?

BROWN: The young lady that got killed?

BALDWIN: Yes, ma'am.

BROWN: In Orange County.

BALDWIN: What was her name?

BROWN: Yes, the young lady that got killed. No, no. The point of the matter --

BALDWIN: Do you remember?

BROWN: I don't remember her name. But we had all kinds of rallies in the community in Jacksonville that I participated in. And I made sure that the sheriff's department had the money they need to pursue the case.

So just don't try to act like this is just about this one black male. This is about all of the children. And, in fact, the Congressional Black Caucus is the conscience of the Congress. And we constantly work to make things better.

And you know, I served in this Congress for a long time. And I have seen what we call a reverse Robin Hood, robbing from the poor and working people to give tax breaks to the rich. We talk about it all the time. How can we elevate it? How can we make a difference?

You talking about deficits. We're talking about investment in young people. And how to give them opportunities. And yes, how to stop profiling. I mean, it -- the point is, I really do believe to whom God has given much, much is expected. And we're here to try to make a difference for all young people.

BALDWIN: Congresswoman Corrine Brown --

BROWN: I often say when America have a cold, African-Americans have pneumonia.

BALDWIN: I hear the passion in your voice, I appreciate the dialogue and let's continue it. Congresswoman Brown, I appreciate it.

And just want to let you know, we hope you tune in Friday night at 8 o'clock for a special town hall, hosted by Soledad O'Brien. She's going to examine the racial tension in our country right now and how this neighborhood tragedy in Sanford, Florida, became a nationwide story. Eight o'clock, Friday night Eastern.

We have also now just gotten word, the health care arguments have ended. The last chance for the Obama administration to make their case. Jeff Toobin has left the Supreme Court. Find out what happened inside today, next.

(COMMERCIAL BREAK)

(COMMERCIAL BREAK)

BROOKE BALDWIN, CNN ANCHOR: All right, let's go to the Supreme Court. CNN senior legal analyst, Jeff Toobin and congressional correspondent, Kate Bolduan just outside of the Supreme Court.

Jeff Toobin, I just want to begin with. You here out of the gate. You made all kinds of waves yesterday saying it was a train wreck for the government. Do tell. How did it go today?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, the last hour was certainly I thought the best hour for the Obama administration so far on the very fairly narrow, but still very important issue of can the government expand Medicaid dramatically as was done in the Affordable Care Act.

But again, the court seemed pretty divided on the issue. But on balance, my sense of the justices was they were favorably impressed by the government's position that this is a reasonable expansion of an existing policy.

But earlier in the day, the news what I thought was really, really bad for the Obama administration, it looks like the mandate is as good as gone.

And the question several justices had of whether the entire Affordable Health Care Act goes with it seems very much an open possibility. So it was a good last hour, but that shouldn't obscure that this was a very damaging three days for the Obama administration.

BALDWIN: Let me jump in and ask you that individual mandate is as good as gone. Is that because you're really reading into how the justices are asking these lawyers' questions? I mean, are they basically assuming?

TOOBIN: That's exactly it, yes.

BALDWIN: So they're assuming that the mandate is gone, therefore they're questioning about the rest of this law?

TOOBIN: Well, that was the purpose of this morning's hour, which was to discuss the question of, I apologize for the jargon, severability. Which was, if you declare, if the court declares the individual mandate unconstitutional, how does that affect the rest of the law?

And particularly, Justice Kennedy, he asked many questions this morning, all of which were premised on the assumption that the individual mandate was, in fact, unconstitutional. Now, it is true that he wasn't committing himself to vote that way.

But it sure would stand to reason he wouldn't be asking haul those questions if he didn't think the court was going to rule that the law was unconstitutional. Now to make matters worse, several of his questions seemed to be based on the -- that the only logical resolution was to declare the entire statute unconstitutional.

I don't think that's a done deal by any means. I think the justices are divided about that. Even some of the conservative justices have questions about whether that's the right idea.

But even that that option is on the table, and it's surely on the table, just shows, you know, how much the playing field has shifted away from where the Obama administration wanted it.

BALDWIN: OK, so let me just take this conversation from individual mandate, from the rest of this law and if it's survivable. Kate Bolduan to you.

You know, Jeff was talking about how this last hour of oral arguments were around the potential extension of Medicaid. Can you be more specific? Because aren't we talking potentially if that goes through, that's like 17 more million Americans would get their insurance that way. That is huge.

KATE BOLDUAN, CNN CONGRESSIONAL CORRESPONDENT: Right, what this Medicaid expansion includes that basically increases the eligibility level. Increases, it will be millions more people would be eligible to receive Medicaid. And Medicaid program traditionally --

BALDWIN: Kate Bolduan, forgive me for interrupting you. We have Attorney Paul Clement standing in front of a microphone. Let's go to him. Let's take a listen.

(BEGIN LIVE FEED)

PAUL CLEMENT, ATTORNEY FOR STATES OPPOSING HEALTH CARE LAW: The mandate would cause the entire statute to be struck down. So that was the nature of the proceedings today. It was a great privilege to be able to present our case to the United States Supreme Court obviously.

It was a great privilege to argue and share the podium with the solicitor general of the United States. He did a terrific job. So this has all been something where we really feel like this is a process that started back in Florida at the very beginning when this law was passed.

It was challenged. We worked our way through the 11th Circuit. The idea all along was to get the opportunity to present our case to the Supreme Court of the United States. We we've now had that opportunity.

We're delighted to have that opportunity and now the case is under submission to the Supreme Court. All we have to go on is the questions that they asked today, at the hearing in the morning and the afternoon and yesterday.

You can tell from those questions that are in every other case I've ever argued. The justices are all focused on this case. They're asking hard questions of both sides. So I would never get in the business of bag prognosticator.

I do think the one thing that's pretty secure is that the justices are taking this care very seriously. The deliberations process for them has just begun. It's a relief for the lawyers involved, though, that the argument process is pretty much over.

There's obviously been a lot that's been argued over the last couple of days. The first day, people were discussing whether or not the court could even hear the case whether it had jurisdiction. Yesterday, the case was about the individual mandate.

There, the argument that the states presented was actually quite simple, which is that the power to regulate commerce does not include the power to compel individuals to enter commerce. And today, the issue of severability, really just lawyer speak for whether or not if the individual mandate is unconstitutional, the entirety of the statute must fall.

And then the third issue or the last of these issues that was discussed this afternoon where we just wrapped up was the question of Medicaid expansion and whether or not that which really has a huge economic impact on the states was something that violates basic principles of federalism.

(END LIVE FEED)

BALDWIN: OK, so you were listening to Paul Clement. He is on the side of representing the states who don't like the health care law. Then you also have Mr. Donald Varilli, he is the solicitor general and he's representing the U.S. government. I want to bring in back Jeff Toobin and Kate Bolduan. And Kate, sort of to Mr. Clement's point, he was just making -- he was saying -- he was talking about specifically the expansion of Medicaid and the burden on the states in terms of, you know, dollars in -- if you can just pick up where you left off.

BOLDUAN: Yes, real quick on Paul Clement's answer. It's no surprise that he did not prognosticate as he said the outcome of the case. They never do. I actually interviewed Paul Clement a couple of weeks ago leading into this case and he said that he never calls it a "W" when he leaves the courtroom because the justices can and do often surprise us.

Because oral arguments, they are not the final word. The real work now begins now in the next few days. The justices will go behind closed doors with only each other and vote on these four issues separately. And then they will begin the long and arduous and important task of writing their final opinion so very interesting.

Just a little insight into the attorneys who speak before the Supreme Court, but on the Medicaid issue, the reason why this has come up, it comes down to something that is a big concern for not only the Supreme Court, but for every American, the issue of state's rights versus federal authority.

That's what the Medicaid expansion comes down to. Under the health care law, Medicaid would be expanded to include millions more people, allowing more people to have health care coverage provided by the government in a joint cost-sharing system, very complex between the federal government and the states.

Paul Clement on behalf of 26 states came in to argue that that is unacceptable. That is unfairly steps on states' rights because he has multiple aspects to his argument. One aspect of his argument is there's no choice.

The states can't say no, we don't quantity to take part of this Medicaid expansion because there is a threat that the government will pull funding for all of their federal dollars. We couldn't take part if we wanted to because it's so important for so many people. They're calling it coercion, unfairly stepping on states right and that's the argument that he made in there.

BALDWIN: OK, Jeff Toobin, I want to give you the last word. You wrote the book "The Nine." I know you know so, so much about these justices. You're an authority really on this, you know, Supreme Court.

And talking about now that this will be submitted and they have to discuss and determine and come down with a ruling. How in the world does that work? Do they stay up, you know, until all hours behind closed doors? Do they have X amount of time for each of them to discuss back and forth? Talk to me about the process.

TOOBIN: Well, this Friday, they will have their conference. They always have a conference at the end of the week in which they argue and it's really the holy of holy events, it's in the chief justices' conference room.

Only the nine justices are present. There is never another person there and they go around the table and they vote. And the chief justice votes first then they vote in seniority order from the senior associate justice, Antonin Scalia down to the newest justice, Elena Kagan.

After that, the chief justice takes note of which side won and then early the next week, he if he's in the majority assigns who will write the majority opinion. For the next several weeks that justice will write the first draft of the majority opinion and that will be circulated to all nine justices.

At that point, there will be a lot of memos going back and forth about how the opinion should or should not be changed. And the justices who were not in the majority will start to write their descending opinions. Sometimes in this process, justices change their minds.

BALDWIN: I was going to ask. So they can change their minds after reading the different --

TOOBIN: Absolutely. And no opinion of the Supreme Court is final until it is read from the bench. And this process, particularly in a complicated case like this, sometimes gets people to change their positions.

Not often, and rarely changes the outcome of a case, but, you know, this is why it's a really important and very private process. This will go on in a case like this for months.

This almost certainly will be the last case announced at the end of this term, which is almost usually the last week in June. But it will be a very private time in the building behind us, but it will be a very busy time for the justices.

BALDWIN: Is this the kind of thing where, you know, what happens in the chief justice's chambers stay in the chief justice chambers. We will never know how many minds are changed over the course of time?

TOOBIN: Not if I can help it because I try to write books about this subject. But I mean, certainly -- I mean, even as a journalist, during this period while the case is under submission, as the term goes, I wouldn't presume to ask a law clerk or anyone about what's going on.

But as far as I'm concerned, after the decision comes down, all bets are off and I think it's the public's business to know how it all went down.

BALDWIN: This is so fascinating. Potentially, the last week of June, if I'm hearing you correctly, we could have a decision here as it is read from the bench. Jeff Toobin, Kate Bolduan, excellent, excellent job there for us all week long. We really appreciate it. Meantime, it has gotten so bad for Newt Gingrich. Folks, he's charging $50 to just pose in a picture. And now the Republican has booted a third of his staff.

But he says this is merely a new strategy. We're going to talk about that next. But first, a quick check at the big board here. The Dow a little bit off today as we take a look with you. Down, sitting right above 13,000. You can always check that cnnmoney.com. We will be right back.

(COMMERCIAL BREAK)

BALDWIN: Might this be the beginning of the end for Newt Gingrich's presidential hopes. The former House speaker laid off a third of his staff blaming the campaign money problems. But people have counted Gingrich out before and today, he said this to WTOP radio.

(BEGIN VIDEO CLIP)

NEWT GINGRICH (R), PRESIDENTIAL CANDIDATE: We're staying in this, exactly why we're downsizing and do what we need to, to be able to stay in. I think you have to respond to reality and we had cash flow lower than what I would like it to be.

So we're doing the appropriate thing to be able to campaign. We had a good day on Delaware (inaudible) in my home state of Wisconsin. I had a very good day yesterday in Maryland and we're back campaigning.

(END VIDEO CLIP)

BALDWIN: Pretty optimistic for a man with his kind of numbers. What numbers you ask, these numbers, Gingrich -- what people think if he should drop out of the race. He has 136 delegates. It would be virtually impossible for him to catch up at this point in time.

There you go, delegate count, 136. I want to bring in our chief political analyst, Gloria Borger. You know, when you look at those delegate numbers, which we do each and every week. Why let staffers go and why stay in?

GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: Well, he's got to let his staffers go because he can't pay them anymore. While he does have a "Super PAC" sugar daddy who can foot some advertising bills, that money cannot be used to pay for your campaign staff. So he's got to cut the payroll.

And why not get out? Because you have a campaign debt, he has a sizable campaign debt that he's got to repay and it's very hard to raise money when you're a former presidential candidate. It's a lot easier to raise money when you're a current presidential candidate.

So you hold out some hope against hope that something will happen, the waters will part at the convention. Romney and Santorum will somehow miraculously cancel each other out and you will come down from the sky and become the presidential nominee. Not going to happen, but you don't get out of the race when you still have money to raise.

BALDWIN: So speaking of money, just quickly here before we look at some more numbers. You mentioned this campaign sugar daddy. Do we know if he's still getting that kind of money as we've seen in --

BORGER: We don't know. We don't know. We know, but you know, Sheldon Adelson from Las Vegas is a very wealthy man. He can afford to continue to fund Newt Gingrich, but we just don't know yet.

BALDWIN: We don't know. I do want to show this. This is the new CNN/ORC poll. So it shows 60 percent of Republicans think Gingrich should get out. Say he does decide to do that down the road then where does his support go, that's the next big question.

BORGER: First of all, there's a question of what support does he have? It's dwindling, OK. Every single day he doesn't seem like a viable candidate. It's dwindling. There was a point in the race where the Mitt Romney campaign was saying let's keep Newt Gingrich here because he's splitting the conservative Tea Party voters with Rick Santorum and that's good for Mitt Romney.

At this point, the Romney people really want him out because they believe they would get most of the support. And we had a CNN poll earlier this week, which showed exactly that, which was that Romney gets twice the amount of support of the Gingrich folks as does Santorum.

So Romney would really benefit the most. But I think what we're seeing happening already is Romney's numbers continue to rise is that he's getting some of those Gingrich supporters already because Gingrich seems not a viable candidate.

BALDWIN: OK, let's talk big picture because, you know, you wrote all these great opinion pieces for cnn.com. You wrote this recently. You're welcome.

You wrote this recently, quote, "If this were another time, the establishment power brokers would step in with a vision. They would take the candidates aside, give them the vision analysis from 30,000 feet and say unite for the sake of the party.

And then they would take to the air waves and offer their full throated endorsements, turning their attention to seeking the defeat President Obama." Not happening. Why not? Why not?

BORGER: Well, first of all, we were talking about Sheldon Adelson, those are the new power brokers. The "Super PAC" sugar daddies as I call them. Those are the people who are really extending the life of this primary because they are funding all of the television advertising.

Second point is that really within the Republican Party in particular, the power now is with the grass roots. The power does not reside in Washington. Washington power brokers have been completely discredited because of the amount of deficit spending for example that occurs in Washington.

And the way people don't like Congress very much. So when you take a look at the establishment, the establishment really cannot deliver anymore because the rank and file doesn't follow anymore.

So there is no sort of smoke-filled room into which these people can go and come out with a solution.

BALDWIN: Therefore it's not happening.

BORGER: It is not happening and it's not going to happen. And that's why Mitt Romney has had such a hard time locking it up because goodness knows he's got the establishment rooting for him.

BALDWIN: Fascinating. Gloria Borger, thank you.

Coming up, $2 million and it's just exactly how much Magic Johnson's group forked over to buy the Los Angeles Dodgers.

Coming up next, the one, the only Tommy Lasorda standing by. Hear what the outspoken former manager has to say about this whole thing. Don't miss it.

(COMMERCIAL BREAK)

BALDWIN: It's not the sport that made him famous, but it could make him even more filthy rich. Former NBA superstar Magic Johnson is part of this venture capital group that won a bid to buy the Los Angeles Dodgers for $2 billion.

Folks, that is the most anyone has ever paid for a pro sports franchise in the country's history. The team, you know the back story. They're in bankruptcy so a federal court still has to actually approve this deal.

But fans are loving the idea of a hometown hero like Johnson taking over.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I've been a fan of Magic Johnson. I started a fan of Lakers when I was like 9 years old and he's one of the best things about Los Angeles. He's going to bring a lot of enthusiasm. He's going to manage the team right and Dodgers will be looking up.

UNIDENTIFIED MALE: Everybody knows he's smart. He's going to bring that Dodger championship back to L.A. hopefully.

(END VIDEO CLIP)

BALDWIN: OK, so on the phone, we have Tommy Lasorda, the hall of famer who managed the Dodgers for 20 years. Guys, do we have him?

TOMMY LASORDA, FORMER MANAGER, LOS ANGELES DODGERS (via telephone): How are you?

BALDWIN: Good talking to you again. So hang on, because I also want to tell everyone we've got Mike Ozanian and he's the executive editor for "Forbes" who wrote quite a bit about this deal in the sports money section. But first, Tommy, what's your reaction to this deal, $2 billion?

LASORDA: Well, to me, first of all, I was shocked when the team went into bankruptcy. This is my 63rd year with the Dodgers. I love the Dodgers. Love them with all my heart and soul.

To hear they going into bankruptcy was a complete shock to me. And then when the thing has been solved and I know that Magic is involved. I know him very much. I'm very impressed with both of them. I just hope they can bring the championship to the greatest fans in all of baseball.

BALDWIN: I know you want that World Series back for the Dodgers. I know, you know, you mentioned Magic. You were in Los Angeles with Magic Johnson for some of the best years for both of your careers. But specifically to hear that Magic Johnson is involved in this whole deal, what do you think he's capable of in terms of --

LOSARDA: Well, they're going to play. We know that.

BALDWIN: That's too bad. I know that.

LOSARDA: He could do a lot. He can talk to the players individually. He could talk to them about winning. He knows what it is to win and he can chancellor that attitude. That he enjoyed it to the players. That's what he can do and he can do it very well.

BALDWIN: You talk about winning -- what was it '88 when you were in charge, sir. That was the last World Series that the Dodgers won.

LOSARDA: It's been too long. It's been too long. We need to raise that championship flag in Dodger's stadium once again. We've got to do it, get this team going and get this team in the right attitude and win.

You see, we have the greatest fans in all of baseball and I keep saying it. This game doesn't belong to the players. And this game doesn't belong to the owners. It belongs to the fans and I'll tell you why.

You could have the best team in baseball and the most beautiful team in baseball. And if nobody goes through those turnstiles you've got to shut the doors down. We need the fans. We've got to think about the fans.

We've got to play for the fans because we want them to come out and support us. Without them, there are no people like us.

BALDWIN: Tommy Lasorda, I'm sure a lot of people in L.A. like hearing what you're saying. This is all about the fans and a lot of people love baseball. Tommy Lasorda, thank you so much. It is such a pleasure having you on.

Mike, I want to turn to you here as we look at this deal. I know that "Forbes" only valued the team at $1.4 billion. Did Magic and his friends overpay?

MICHAEL OZANIAN, EXECUTIVE EDITOR, FORBES: I think it's all going to depend on the next local TV deal they get, which will begin with the 2014 season. You have people saying that deal could be worth over 20 years in excess of $3.5 billion. If that does happen, they may not have overpaid.

BALDWIN: And quickly here, the man selling the team, real estate magnate, Frank McCourt, drove the team into bankruptcy. Sounds like a broke (inaudible), is he going to profit? Quickly here, 15 seconds.

OZANIAN: He's going to make over $800 million from the transaction. That's after paying his ex-wife, Jamie, the divorce settlement, all the attorney fees and so forth. It should be added he put the team in bankruptcy deliberately to keep Bob Zoellick from forcing him to sell it --

BALDWIN: And there we go, Mike Ozanian and Tommy Losarda, we appreciate it so much. There you have it. Your L.A. Dodgers as we look ahead.