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Sahil Kapur

Sahil Kapur is TPM's senior congressional reporter and Supreme Court correspondent. His articles have been published in the Huffington Post, The Guardian and The New Republic. Email him at sahil@talkingpointsmemo.com and follow him on Twitter at @sahilkapur.

Articles by Sahil

Facing strong criticism, Fox News host Steve Doocy on Tuesday morning corrected a quote by President Obama that he partially fabricated last week, conceding on air that he "did some paraphrasing."

"Last week President Obama talked about not being born with a silver spoon in his mouth. That was interpreted as a big dig at Mitt Romney," Doocy said toward the end of Fox & Friends. "When I was interviewing Governor Romney on this show I asked him about it. However, I did some paraphrasing that seemed to misquote the president. So to be clear, the president's exact quote was, 'I wasn't born with a silver spoon in my mouth.' And I hope that clears up any confusion."

As TPM reported Sunday, Doocy added some words to an Obama quote when he last Thursday claimed he said, "Unlike some people, I wasn't born with a silver spoon in my mouth." What Obama actually said was, "Somebody gave me an education. I wasn't born with a silver spoon in my mouth."

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Lest anyone think the Supreme Court is done playing with political dynamite this year: Next up, the Obama administration asks the justices to quash Arizona's immigration law, a measure that has sparked intense protests, boycotts and even rap songs.

The high court will hear oral arguments Wednesday on whether the state's tough law -- which permits police to check people's legal status during lawful encounters, and makes it a crime to look for work without legal status -- passes the constitutional test. Lower courts have sided with the administration and blocked its key provisions.

"This should be an easy case for the federal government," said Adam Winkler, a professor at UCLA School of Law. "Under longstanding precedent, the federal government has plenary authority over immigration. Yet here Arizona has imposed its own view of how immigration law should be enforced."

The core legal question is the extent to which states are empowered to make immigration laws, a turf constitutionally reserved for the federal government. The administration argues that Arizona's law coerces it to take a harder line on undocumented immigrants. Gov. Jan Brewer's legal team frames the statute as an effort to cooperatively assist the federal government in dealing with an immigration system that is widely regarded as broken.

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In the upcoming Arizona immigration law Supreme Court case, President Obama will need the votes of four justices to achieve victory and invalidate its key provisions.

Why not five? Because Justice Elena Kagan, who was the administration's Solicitor General when the lawsuit was filed, has recused herself. That leaves eight justices to hear the case. And the rules are that a hypothetical 4-4 tie would affirm the Ninth Circuit Court of Appeals' holding that major parts of the law are unconstitutional.

A 4-4 tie would mean the ruling does not apply to similar laws in other states, however, and would leave open the possibility of future lawsuits to settle the larger constitutional questions.

So, how does the math look now?

"The government can count on the votes of [Justices] Sotomayor, Breyer, and Ginsburg. [Justice] Thomas, who has argued against implied preemption in the past, is likely to side with Arizona," said Adam Winkler, a professor at UCLA School of Law. "That leaves [Justices] Roberts, Scalia, Kennedy, and Alito in play."

The Washington Post has corrected its article that included an apparently fabricated quote by President Obama.

The initial version of the article quoted Obama as saying, “unlike some people, I wasn’t born with a silver spoon in my mouth." TPM reported earlier today that the first three words were not spoken by Obama -- they were apparently concocted by Steve Doocy of Fox News, who portrayed the remark as a jab against Mitt Romney. Those three words have been removed from the Post article.

The updated Post article includes this note at the top: "An earlier version of this post incorrectly quoted President Obama’s reference to not being born with a silver spoon in his mouth. This version has been corrected."

In a recent campaign-trail speech, President Obama delivered a line that was widely construed as a jab at Mitt Romney. But whether it was a direct jab at Romney was at least arguable until a Fox News host pumped it up with three additional words that Obama never said.

"Somebody gave me an education," the President said last Wednesday in a Elyria, Ohio speech, discussing equality of opportunity. "I wasn't born with a silver spoon in my mouth. Michelle wasn't. But somebody gave us a chance -- just like these folks up here are looking for a chance."

The "silver spoon" comment in the context of the speech seemed to be a swipe against Romney, whose father George Romney was the top executive of a major car company and a former governor of Michigan. But the President was able to maintain plausible deniability until Steve Doocy of Fox News came along. While interviewing Romney on live TV Thursday, Doocy quoted Obama as saying, "Unlike some people, I wasn't born with a silver spoon in my mouth."

But Obama never prefaced his statement with the words "unlike some people," as evident in the video of the speech (9:22 minute mark). The words do not appear in the official transcript either.

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President Obama's senior campaign adviser David Axelrod pushed back Sunday on Republicans for highlighting the lack of comprehensive immigration reform as a failed Obama promise. The president's ongoing squabble with the GOP on this issue is indicative of how the two camps are trying to court Hispanic voters ahead of the election.

"To say because you have an implacable group of Republicans in the Congress who simply aren't to let that move, that the president hasn't kept his promise, is a little bit disingenuous," Axelrod said on CNN's State of the Union. "The president has tried to get [immigration reform], he has initiated those actions. I was in the room when he called together Republicans and Democrats who have been active for immigration reform in the past. ... And the president said I will work with you to get this done. Not one of those Republicans was willing to stand up and work with him to pass the bill."

Hispanic voters are upset that Obama didn't push harder for immigration reform in his first two years, when he had large Democratic majorities. But they're more vexed with Republicans, who have used their clout in Congress to thwart multiple efforts by Democrats to advance the cause. Now, heading into a presidential election with a sizable deficit among Hispanic voters, a key part of the GOP's -- and Mitt Romney's -- damage-control strategy is to obscure their own role and instead blame Obama.

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The New York Times "needs to offer an aggressive look" at President Obama's record and promises as the 2012 election nears, the Times' public editor Arthur Brisbane writes in a new column, chiding the paper for having "basked" in Obama's 2008 election.

"Now, though, the general election season is on, and The Times needs to offer an aggressive look at the president’s record, policy promises and campaign operation to answer the question: Who is the real Barack Obama?" Brisbane wrote. "Many critics view The Times as constitutionally unable to address the election in an unbiased fashion. Like a lot of America, it basked a bit in the warm glow of Mr. Obama’s election in 2008."

Brisbane lamented that "a strong current of skepticism holds that the paper skews left," one that's "exacerbated by collateral factors — for example, political views that creep into nonpolitical coverage." His column expressed considerable sympathy along with some skepticism toward longstanding conservative criticisms of the Times, although he argued that that perception can be overcome.

"The warm afterglow of Mr. Obama’s election," he wrote, "the collateral effects of liberal-minded feature writers — these can be overcome by hard-nosed, unbiased political reporting now."

Sen. Susan Collins (R-ME) and Rep. Carolyn Maloney (D-NY) agreed on ABC's This Week Sunday that the Secret Service needs more women, and each suggested that it would make incidents like the prostitution scandal in Colombia would be less likely to happen.

"I can't help but wonder if there'd been more women as part of that detail if this ever would have happened," Collins said.

"We agree on this. If there were more agents on the ground, maybe we would not have had this," Maloney said. “I can't help but keep asking this question: where are the women? We probably need to diversify the Secret Service and have more minorities and more women."

Maloney said just 11 percent of Secret Service agents are women.

Both praised the leadership of Paula Reid, who heads up Secret Service details in Latin America, for her work in dealing with the scandal.

On CNN's State of the Union Sunday, Sen. Marco Rubio (R-FL) discussed the version of the DREAM Act he's in the midst of crafting, and explained that "it allows you to get an immigrant visa through one of the existing visa programs."

Rubio spokesman Alex Conant confirmed to TPM that the senator was referring to a non-immigrant visa, not an immigrant visa.

The distinction is important because an "immigrant visa" is defined by the U.S. government as permanent residency that essentially guarantees citizenship after several years. A "non-immigrant visa" provides temporary legal residency, after which the recipient can seek options for permanent status.

The Democrats' DREAM Act entails the former; Rubio's bill entails the latter.

Conant didn't immediately return a follow-up on which visa category the bill would tap.

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