comcast, building america's largest gig-speed network. >> good evening, thanks for joining us, an important day for the future of the supreme court and the united states. an announcement that will have a profound effects on both for decades to come. justice kennedy announced his retirement which means president trump will name a second judge. justice kennedy was a republican appointment named by ronald reagan.

he upheld roe v wade. now with his retirement make up of the court will be changing at a time when there are crucial issues will be decided. among them, abortion, affirmative action, death penalty, presidential subpoena. the political battles have been already begun. lawmakers saying there shouldn't be a vote until after the midterm which some are called mitch mcconnell rule. we will have more on the reaction from congress in a moment. senator bernie sanders will join us as well. a lot of details about justice kennedy's impact. and what the future may hold. i want to get the president's reaction. he is speaking in a rally in north dakota. was the president aware that this was going to happen today or come as a surprise. >> reporter: it was a complete surprise to president trump.

he will be arriving here in north dakota shortly. i am told by his advisers he had no idea this was happening and in fact justice kennedy was inside the white house before president trump knew that he indeed had a meeting with the retiring justice the justice been on the bench 30 years on the supreme court and he brought over his retirement letter directly to the president to have that one-on-one conversation the and president trump thanked him for his service but also asked him for suggestions for who should fill his seat. that was certainly an interesting conversation. >> do we know, the president's pick to replace him come from the list of 25 candidates that released during the campaign. >> reporter: president trump said he is going to pick from the 25 members, people on the list. the list came about if an interesting way. when the president was running for office, he put out a list of

20 potential supreme court justices. he was trying to ease conservatives, who had questions about if he should, you know, deeply conservative enough, the president added five more names to that list just last november. and they released that list. a variety of judges. mainly appellate court judges, federal court judges. kind of a tried and true conservatives you would expect. but going to be one person from that list. >> and jeff, certainly another campaign promise fulfilled by the president, he would want to take a victory lap on that even tonight. >> reporter: i do expect the president to take a victory lap. just landed here in fargo. campaigning in one of the key competitive senate races. this is a deep red state. he won by 36 percentage points. it is also represented by a democrat in the senate heidi

highcamp. one thing is clear the sure fire way to fire up conservatives and get skeptical republicans on president trump's side is by appointing conservative jurists to the bench. this is a momentous decision he is going to make. this is music to his team's ears particularly in the midterm election. this will fire up conservatives unlike anything else has. >> thanks very much. phil mattingly joins us from capitol hill. mitch mcconnell says there will be a confirmation vote this fall. how is that playing out in the hill tonight? >> reporter: bear knuckled brawl. is how one senator described. one driven by sharp bitterness over what happened in 2016, democratic supreme court nominee not even getting a hearing let alone a vote.

and a clear recognition of seismic shift. you mentioned some democrats including all of the leader s saying there should be no vote all citing 2016. this is what chuck schumer had to say. >> our republican colleagues in the senate should follow in the rule they set in 2016. not to consider a supreme court justice in an election year. senator mcconnell would tell anyone who listened, that the senate had the right to advise and consent and that was every bit as important as the president's right to nominate millions of people are just months away from determining the senators who should vote to confirm the president's nominee and their voices should be heard now. as snore mcconnell felt should

be heard them. anything but that would be the absolute height of hypocrisy. >> reporter: republicans have countered 2016 was a presidential year. this is a midterm year and that is the apples to apples comparison regardless of the rules or the precedence, the chamber will continue and will vote by this fall. for mcconnell, just the judicial in general, the most important issue for him personally. one that he talks about constantly, the republican machinery here, millions of dollars from outside groups, urging senators to support this nomination is soon to be kicked into gear. republicans are clearly moving forward on this. >> so is there anything democrats might do to delay or block the confirmation. until after the midterm election? >> if every single republican votes for whoever trump

nominating that individual will be confirmed. it will only take 51 and republicans have the number of senators to move that on your own. that is why you are hearing a couple of things from democrats. one, they want their own grass roots push. i've heard they are going to put millions of dollars trying to put pressure on senators to flip. they have a lot of red state senators that they need to mind as well. three of whom voted for gorsuch. president trump's 2017 supreme court pick. there is going to be a lot of talk about what this means for roe v. wade. the precedent is one that they want to stand. who ever president trump picks and how that individual answers questions on roe v. wade. could go a long way to determining not whether

democrats will support them but whether all republicans will support that nomination and get it to the nomination. >> quite a battle, thanks. i spoke with senator bernie sanders. >> senator blumenthal calls kennedy's announcement, earthshaking, gut wrenching. jeff toobin says abortion will be legal in 22 states. is this potentially the end of roe v. wade? >> overwhelmingly sporting roe v wade. i hope very much that the next nominee to the supreme court does not hold that position. but the bottom line is this is obviously an enormously important issue. everything to do with women's right, having to with gay rights

and have to do with the solidifying the pro corporate anti worker wing of the supreme court. >> do you have confidence that president trump would appoint somebody to your liking. he did publish a list during the campaign of potential nominees, gorsuch was on the list and indicated that this next one will come from that list. >> i have no hope that he will appoint anything resembling a moderate justice who will take both sides into consideration. what we are look for is the nomination of a right wing extremist. i would say this, you may recall that when merrick garland's nomination was brought forth, president obama said let the american people decide. you shouldn't be considering this important nomination just before an election. he obstructed it and refused to

allow a vote to take place. i would say to mitch mcconnell remember what you said when obama was president. let the american people have a vote. whether or not they want to overturn roe v. wade or allow discrimination against the gay and lesbian community. whether or not they want votes to make life harder for the working people of the country. remember what you said when obama was president. the second point that i would make is that we have some, few, very few but we have some republicans here in the senate who believe that it should be a woman who controls her own body and not the state or federal government. and i hope that they will work with those of us who hold that position in opposition to any nominee who wants to take away that basic right that women should have. >> about mitch mcconnell, your democratic colleagues have accusing mcconnell hypocrisy, if the shoe was on the other foot, and justice kennedy retired

under a democratic congress, wouldn't democrats also push to get a new nominee through? >> you need consistency here. president obama nominated an individual to the supreme court, and by the way, a moderate guy and the republican leadership said no, we are not going to let you vote on him, we should have an election first. all i would say is i would hope that mitch mcconnell remembers what he said when obama was president. >> if it does not go the way you would like it to go and roe v wade is overturned and made illegal in 20 states, how big a drive do you think that will be for the left, for all people who are supportive of the right to have an abortion.

>> i think it would be an important factor in bringing people out to the polls. you know, there are differences of opinion in this country about abortion, when abortion should be legal or not. i am strongly pro-choice. the vast majority of the people believe that roe v. wade is the law of the land and should remain the law of the land. if trump nominates somebody who wants to undue that constitutional right that women have, you are going to see a massive uprising on the part of people all over the country, not just women, but men who think that decision should be left to women and not the government. >> and i want to ask you about alexandria ocasio-cortez's win. she's a democratic social aligned with you in many issues. is this just one choice in

o 1st district? is it larger than that? how do you see it? >> i think it is larger than that. in maryland, taking on much of the democratic establishment. raising the minimum wage, legalizing marijuana, making public colleges and universities tuition free. what you are seeing both in new york with alexandria, and maryland with ben, are strong candidates running grass root campaigns on a progressive agenda. when you have that combination, you are going to see more and more victories. >> i appreciate your time, thank you. >> looking at the legacy justice kennedy as he retires. the key cases he has been the deciding vote for and more about what happens next including the potential battle of roe v. wade.

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going to be impacted. quick look at justice kennedy's legacy. >> the object of the judiciary is to ensure stability. we pride ourselves on the fact that there is little change. >> reporter: time for change has come. >> we as a people are bound together. >> reporter: kennedy now 81-years old. his former clerk was sworn in. president trump replaced one conservative with another. to take justice antony scalia seat. now the opportunity to move to the right. the so-called swing vote. >> the cases swing, i don't. >> reporter: kennedy has never liked that swing vote label but for years it has been his vote that decided the outcome of cases. >> thank you for coming to witness this historic occasion. >> reporter: kennedy, a ronald

reagan appointee was sworn in, in 1988. >> i shall honor the constitution. >> reporter: he sided with conservative colleagues on issues such as gun control and voting rights. striking down election spending limits for corporations. >> congratulations. >> reporter: in bush v. gore, he helped clear the way for george bush's presidency. to the dismay on those on the right. he joined the right. his most lasting legacy will be likely in the area of gay rights. kennedy penned a landmark opinion clearing the way. for same sex marriage nationwide. >> anthony kennedy grew up in a conservative catholic family in sacramento california. but something that offended him from the beginning about

discrimination against gay people. his principle legacy will be the father of constitutional protections for gay rights and marriage equality in the united states. >> reporter: kennedy this term tried to strike balance between gay rights and religious freedoms. siding with a colorado baker. who refused to make a custom wedding cake for two gay men. acknowledging the baker's sincere religious belief. but warned against the broad use. writing any decision of the baker would have to be sufficiently constrained. in 2009 kennedy offered a rare glimpse on what it is like to be behind the scenes on closely divided cases. >> there is a moment of quiet, and moment of respect. maybe sometimes awe at the

process. we realize that one of us is going to have to ride out a decision which teaches and gives reasons for what we do. >> reporter: as time proves him to be one of the unpredictable justices, personal dignity and liberty were always themes and anthony kennedy's jurisprudence. >> joining me now is jeffrey toobin, and gloria borger. and john than turley. i heard you say earlier that within 18 months abortion could be illegal in as many as 20 states. >> i said abortion will be illegal. because roe v wade is dead today. this is a conservative project since it came out in 1973. if you look at who was behind the judicial selection process in the trump administration, the

federalist society, the heritage foundation, they have been moving towards this moment for all this time. if you look at the twenty-five candidates, every single one of them is well to the right of anthony kennedy. states read the newspapers, they know in texas, in mississippi, in south dakota that the supreme court is changed so they are going to pass laws prohibiting abortion and dare the supreme court to strike them down and it is not going to happen and we are going to be a different country sooner rather than later. >> professor turley, do you share jeff's opinion on that. particularly on roe v wade and what other major issues could be altered. >> i never encountered jeff's inner eye, and he is able to see such things, that is particularly apocalyptic. it could come about and could not.

you have institutionalist on the court like john roberts who made it a bit of a sticker shock in overturning decisions of this kind. where i do think jeff is right is in the very least, we are going to see chipping away at doctrines like roe v wade, it can be undone with a thousand paper cuts. that it could be done on the edges through restrictions. it is probably more likely. but very hard to tell. i think what you have to be most concerned about for libertarians and civil libertarians is much of kennedy's legacy is a 5-4 beat. it holds by a single vote, his own. that makes his legacy the most vulnerable on the supreme court. it is immense but also fragile. >> gloria, based on what mitch mcconnell had done refusing the vote on president obama's selection. until after a new president was

sworn in. do you see that, i mean it is hard to see a scenario where that plays out in the democrat favor. >> look, the democrat is going to wage a fight and fight really hard because this is important to them and important to their base, but they know they don't have any leverage here. they have lost the filibuster as phil mattingly pointed out earlier. this can be passed with five one votes. and they will talk a lot of roe v. wade because this is important to them, and important to women who are the backbone now of the democratic party. and what they are trying to do is corral all 49 democrats and get them to stick together. and that's going to be tough because there are a lot of red state democrats who might vote for a republican nominee. three democrats voted for gorsuc

last time and then they have to hope that the nominee is so objectionable that someone like susan collins or lisa -- they have an up hill battle here, but doesn't mean they are not going to fight. >> i want to get everybody's take on something else, the vice president is speaking out. your reactions in a minute. paying too much for insurance that isn't the right fit? well, esurance makes finding the right coverage easy. in fact, drivers who switched from geico to esurance saved an average of $412. that's auto and home insurance for the modern world. esurance. an allstate company. click or call. so let's promote our summer travel deal on choicehotels.com like this.

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voting record was moderately conservative. he was known for being a swing vote. defender of equal rights for gay and lesbians. his replacement will be more to the right. the vice president writing. who will uphold all the god given liberties and shrine constitution of the united states. back now with the panel. gloria w the tweet from the vice president. >> absolutely. it was like thanks kennedy, we liked scalia better and what we are going to do now is nominate somebody who wouldn't approve gay marriage or access to abortion or affirmative action and made it clear that the president is going to nominate somebody to the right. i think anybody who thinks otherwise is fooling themselves.

everybody on that list is a conservative. the president intents to do it. this is important to his base particularly evangelicals and going to be a large part of his legacy. >> the president says he has a list of 25 names. who do you think are the front runners right now? >> brett kavanaugh who is a judge on the d.c. circuit. the second most important judge court in the country. he wrote the dirty parts of the starr report. amy barrett a former professor. raymond kethledge. another court of appeals judge who was a clerk to anthony kennedy. and amul thapar who was a protege from mitch mcconnell. who was confirmed to the sixth circuit. and he would be the first south

asian on the court. there is not a hint of moderation in any of their records, stone cold conservative which is a grand tradition in american law. but it is definitely not anthony kennedy's tradition and it is a tradition that will allow for an expansion of second amendment rights so you can have a bazooka as well as a hand gun. end affirmative action for african american students. if you are a religious person, you can ban gay people from your store, restaurants. these are the issues that are going to come up. and that is why these people, as mike pence pointed out. that's what they want on the court. >> another name pointed out is from utah. he wouldn't say no to being

considered. would that be a strategic effort to block a vote if their nominees is one of their own? >> i don't think it would really succeed in that at all. i think the politics here are baked in on both sides. i was a great fan of justice kennedy and will continue to be so. he has a strong libertarian aspect that i enjoyed. the fact is, that the one thing you can't say about president trump is that he failed to deliver on his promises more than any president in my lifetime, he has made good on his promises. you might not have liked them. but he has made good on them. and the biggest promise he made over and over again like a mantra was that he was going to move this court to the right and he was talking about kennedy's seat. and i have no doubt that he will deliver on that. and i agree with jeff, everyone on this list is to the right of him. you can move slightly to the right and produce cascading effects.

so eulogied -- so even the slightly more conservative nominees could produce sweeping changes across half a dozen areas of the law. professor turley, thank you, jeff toobin as well, and gloria borger. latest details on where the meeting might take place and what is going to be on the agenda. and the safey for "most parallel parallel parking job" goes to... [ drum roll ] ...emily lapier from ames, iowa.

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administration officials are laying the groundwork for a meeting with president trump and vladimir putin. some of the details were finalized today in moscow. the final announcement is set for tomorrow. bolton says a face to face meeting will benefit the world. skemt skeptics among them colonel peters joins me tonight. someone who has been critical, i am wondering what your reaction is to the idea of this up coming summit. >> summits may be normal in general, but with these specific characters, vladimir putin and donald trump is cause for alarm. as we know before trump -- if

ducked off with a translator and putin, if john bolton can do one service for his country is to do all he can to prevent a one-on-one putin meeting behind closed doors. he knows how to work trump and he studies him and our president is impulsive and undisciplined. and we don't know what he might blurt out. we don't know what he might agree to behind closed doors. we are unfortunately, anderson, we have a president we cannot trust. >> its interesting because past presidents have said, i think it was george w. bush, he said he looked into the eyes of vladimir putin and reflected what he saw. it is easy to project something on to another person. as you said, vladimir putin is an intelligence operative who studies president trump closely. >> yes indeed.

and also, of course president obama was caught on a hot mic he could do more for vladimir. they could somehow work to our benefit and the world's benefit. and putin has devoured each one of them. devouring trump. there are four lines from a houseman that can express the relationship better than i can myself. the russian bear is huge and wilds. it has devoured the instant child. the instant child is not aware. it has been eaten by the bear. and president trump is that infant child. >> earlier today president trump said it is good for the world, it is good for us. what message does it send to allies, to germany, to france, to canada, the idea of this meeting, whatever may come out of it given russia's stance in

crimea and elsewhere. >> well, they r terrified and they should be terrified because our president is so unpredictable. he doesn't do his homework. he doesn't seem to understand the context of why those sanctions are in place. vladimir putin invaded a neighboring country twice. he assassinates journalist. untold atrocities in syria. worked to undermine our election, undermine european elections with success. we need people to ride hard on this president. and it is a very, very tough job. this is going to be a test for john bolton as to his integrity and ethics. for as long as i have known him, he has been tough on russia, tough on putin. he's recognized the danger. will he be seduced by power? >> publicly he said negotiate with russia at your peril in the

past. you've known him approach professionally. his involvement is interesting. >> yeah, it is astonishing how quickly people in washington change their tune. and they sell out for trinkets. we will see if he put s patriotism above power. >> good to talk to you again. thank you. >> let's check in with chris seeing what he is working on. >> big story is what we just heard from justice anthony kennedy. what does it mean? we are going to go through a fact analysis of what will happen. where are the votes? what are the options for democrats. and then we will get into the big debate of what this might mean for the country. the chair of the dnc on to talk about the way forward for democrats. they just got dealt a big

situation. people are saying a blow, but i don't know. i don't know what it means for the party. i want to see what tom perez says. taking that on tonight. more breaking news, the former copresident of fox news who resigned, has now accepted a senior position in the trump administration. more on that ahead. discover card. hey, i'm curious about your social security alerts. oh! we'll alert you if we find your social security number on any one of thousands of risky sites, so you'll be in the know. ewww! being in the know is very good. don't shake! ahhh! sign up online for free. discover social security alerts. ♪ yeah! yeah! yeah! we hide hotel names, so you can find four star hotels at two star prices. h-o-t-w-i-r-e

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ailes sexual harassment scandal. he himself was never accused of misconduct. denied mishandling any of the allegations accused of ailes. the president himself has been accused of sexual misconduct. shine is not the first tv the president has hired. john bolton is a former u.n. ambassador as is the communication adviser, mercedes schlapp. kirsten powers joins me now. what kind of of a message do you think this sends? >> if you are going to talk about the fact that there are

allegations different people in different lawsuits who said bill shine knew what was going on with roger ailes, the president doesn't care about that. he doesn't believe the women, he doesn't think they are telling the truth, that is a nonissue for him. i wouldn't expect anything different. in terms of what this hire means, it just means you basically have fox news running out of the white house. bill shine was forced out in the midst of what was happening in terms of accusations of women. separate that that he is beloved at fox news. suzanne scott now head of fox news was his number two-person for a decade or so. two thirds of the people who work there now, senior executives, senior producers, all worked for bill shine. >> and what was his purpose there? >> he was in charge of the entertainment division and then there was another person who was a senior vice president. so he ran fox and friends,

o'reilly, sean hannity. sean hannity is his best friend in the world. all of the entertainment division. the opinion versus the news division. so special report wouldn't have been underneath him. that said, he was roger's number two. he effectively was everybody's boss. and so fox news is already in step with the white house. now you have somebody who helped build fox news who knows how it is done. knows how to craft stories for the base, for the people who voted for donald trump and most of the people at fox news adore him and it will be a perfect pipeline going back and forth basically. >> it is interesting though, it has been said the president believes he is his own communication's director. obviously the president has a lot of experience with that. shine is not expected to be hired not as a communication director but as deputy chief of

staff in charge of communications. it may seem like a rhetorical difference but there is a real difference with that. >> there is a difference because a communication director would be more focused directly with crafting direction to the media. helping craft like a broader understand not that he needs that much help. he's really a with the fox news viewers. he could say this is what really resonates with the fox audience. the other thing that will help him there is he knows how to be the number two guy. he was somebody who was a company man. he did the work. he was well liked. he's not somebody who -- he will never do what anthony scaramucci did. you will never see bill shine trying to get press for himself or mouthing off. that would never happen.

>> he won't grab a headline for himself. >> absolutely not. it's never who he was, not who he is and he's very good at dealing with huge personalities. roger ales was a big personality. bill o'reilly. >> yeah. >> so he's used to that. i think actually this is a hire that makes sense for them. >> kirsten, appreciate it. just had a late night order by a judge threatens undocumented immigrant families at the border. details ahead. when you're particular, you want things done right. that's why we test all of our paints and stains for months. or even years. we dedicate 175,000 square feet to getting it wrong... ...because you deserve paint that's done right. that's proudly particular. benjamin moore. the standard for paint professionals.

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the department of defense announced it received a request from homeland security to house and care for an alien population family of up to 12,000 people. there is no word of a specific timeline but one will be developed. that follows a judge last night throwing a wrench into the reunification process already marked by confusion. the judge ordered the government to reunify children under 5 with parents within two weeks and those over 5 within 30 days. there is 2,000 kids separated from family members. it is not clear if more kids are entering the system each day because hhs which is responsible for the kids hasn't given clear

answers. listen to the conference call health & human services had with reporters yesterday. spoiler alert, it didn't go well. >> i'm wondering if you're still receiving children who are coming into your care because of parental detention? we know there is an implementation phase on the executive order. >> as i said earlier we can get you that information as soon as possible. we appreciate your patience. >> no, actually it's important. excuse me. are you still receiving children who are there because of the parental separation policy? >> i believe we have answered -- you have had -- you have had three questions. we responded to your question and i ask that you send that to media at hhs. >> i'm sorry. i didn't hear an answer. >> final question? >> yeah. not really an answer.

joining me who uncovered this yesterday and stayed on it today. i understand the inspector general initiated a review of the condition of the facilities. what more do we know? >> this is a move that comes as the agency is certainly under the microscope now. a lot of scrutiny in how they are handling separations, how the children are being treated and how the families will possibly will reunified. today this is essentially big news from the watchdog of the hhs, the inspector general saying they are launching a nationwide review of the facilities that house the children. they say they will be looking at the employee background screenings, skills and training and response to incidents of harm and the security at these facilities. i found this part, anderson, particularly interesting. the watchdog says they will be looking at the safety and health of the kids placed in the facilities and this is a quote, especially when the program experiences a sudden increase in the number of children. we know based on the numbers

from hhs yesterday that they are currently on the whole about 11,800 children. 80% of those arrived at the border unaccompanied. as we were talking about last night 2,047 of those are children who were separated from parents. >> we heard from the call yesterday -- i mean, have you gotten answers about questions from hhs about are they getting in new kids now that are being separated still? >> no. we have not. cnn had specific questions for hhs after that call that went unanswered. today, they still do remain unanswered. we have asked pointed questions. questions like, are you still receiving children who are being separated from their parents? what is the full accounting for the number of children who have been separated and reunified with either a parent or a guardian? we know there have been at least six children reunified with a guardian over the last six days, but are there more? something as simple as what are the ages of the children being held?

no response today. an hhs official acknowledged the team's question but all we got back was a very generic statement saying that reunification is the ultimate goal and they are working towards that for the children. again, no answer to our questions which are, of course, essential and an important metric for understanding the full scope of what's going on now. we'll of course continue to press them on this. as we said at the top new information tonight did just come in. the department of defense saying they received a request from the dhs, department of homeland security, to house and care for, in their words, alien family population up to 12,000 people. >> i guess it's good they acknowledged our question. but the fact they didn't answer the questions. to not even say how old the range of kids is, what the youngest child and oldest child is. it's just incredible. appreciate it. i know you'll stay on it. an official said there is no update on whether the 6-year-old

girl whose voice was heard on the audio recording crying will be reunited with her mother. alison jiminez is in arizona. her mom is in texas. one of thousands uncertain about the status of their loved ones tonight. that's it for us. time to hand it to chris cuomo. primetime starts now. >> i am chris cuomo. welcome to "primetime." elections have consequences. president trump may not be remembered for anything he says or policies he gets through, but the impact of cementing a conservative majority on the supreme court during his tenure will make him a relevant figure in history. we have tonight key players on the left and right who may decide if the president's nominee gets a vote. republican senator john kennedy is here to tell you about what he calls the most important vote he may ever cast. the stakes in the midterms now higher. the democrats facing an identity crisis of wh