secular highs. [closing bell rings] i would gear it toward small caps. financials, industrials, tech, biotech. these will be leading sectors in years ahead. liz: dan, sam, our thanks. here go the closing bell on a massive rally day. i hand it over to "after the bell." >> a big market win. investors shrug off any fears of a global trade war. focusing on a strong economy here at home. the dow up 320 points. melissa: good day. >> great day. nasdaq higher for third session in a row. i'm connell mcshane in for david asman. melissa: i'm melissa francis. this is "after the bell." let's go to nicole petallides on floor of the new york stock exchange, tell us more about the rally. >> this rally across the board with optimism translating from last friday on better than expected jobs report. optimism on our economy. stock market you can see dow in particular up 320 points.

haven't seen that since early june, up 1.3%. but the russell and transports also gained. s&p 500 up almost a full percent, as is the nasdaq. we have seen the dow, the nasdaq, s&p, this is three straight days of gains for all three test, boeing up more than 4%. the banks, we'll watch for goldman sachs, jpmorgan. these are names on the move on friday with several is banks reporting. not goldman sachs but jpmorgan, wells tagger go, citigroup -- fargo and pnc. we'll watch the financials throughout the week. look at comcast. this is news, comcast lining up buyers for the fox sports.

come comcast is down two cents. looking at twenty-first century fox, parent of fox business network. that is up 1.2%. twitter saying the suspension of the fake accounts did not hurt their reported metrics. we're watching whether or not it really will. they are suspending 70 million fake accounts. the question whether that hurts monthly numbers. that is weighing down 5 1/2%. the cfo of the company says it will not. >> nicole, thank you. get straight to the market panel. heather zumarriaga vision four, and adam lashinsky also with us from "fortune" fox news contributor. no doubt impressive day

boeing, 3m. responsible for a third of the dow gains. what do you make of the headwind? >> it impressed me how many weeks since a large jump like today. says to me it's a very good thing, that we had less volatility. this is good for the market. good for investors. good for the economy. that we don't have crazy up and down. i think it is very positive. at the same time i think people are crazy to overlook possibility of a very real trade war. that we haven't truthfully made progress in north korea. we'll have up days in the face of that potentially bad news. we'll have plenty more down days i think. connell: there will be a lot of debate, heather, what adam brought up there, should we focus on other things or earnings, like banking stocks, very strong. earnings reported on friday morning from a number of those, from a number of those banks, right? >> exactly. i mean if you're a bull, you don't want to focus on trade.

the markets certainly are not focused on trade right now. the trade disputes quieted down over the weekend. that is why you see the market up 320 points today, because we are focused on fundamentals. we are focused on second-quarter earnings. i think a common theme ray cross the board will be corporate tax cuts again contributing to the bottom line, and share buybacks are on the rise. that will also help stocks rise. if you're a bull, you don't want to focus on trade or other issues. you wan to focus on fundamentals. connell: adam, maybe you make the assumption or draw the conclusion that the united states is better positions than some other countries. if you park your money in equities anywhere, better to do it here. what do you make of that, adam? >> i think that is valid assertion. if you're playing a relative game and investors who aren't really bulls or bears, they're trying to make the right investment call it is food relatively. that might mean we go down less in real trade war than other markets. >> look at "brexit."

that is causing the u.s. to go higher i think. melissa: no doubt. markets shrugging off trade war concerns. my next guest says the threat of tariffs can be useful but only in the right context. here is martin feldstein, harvard economics professor. sir, thank you for joining us. you are the one that taught me originally the trade deficit is not the right metric to look at it here. the president keeps quoting a trade deficit we have with china. why is that not the right focus? >> well, looking at a trade deficit with one country and hoping to find some way of reducing that trade deficit that will not change the overall trade deficit that the united states has with the rest of the world. if we strike some deal with the chinese, sell us less, they buy more, so our bilateral trade deficit goes down, we will still have the same global trade

deficit, because that is driven by what happens in the united states, by the fact that we are consuming more than we are producing. melissa: yeah. almost every economist out there is for free trade. the tariffs are a tax on the people but you say in an article that you wrote today that the use and abuse of tariffs can work in some contexts. what contexts are those? >> well, i think in the context that the united states faces with china, i mean i'm a free trader. i am against tariffs in general. but here's an opportunity to say to the chinese, you can't keep stealing american technology by requiring american firms to talk on chinese partners if they want to do business in china, and then, taking that american technology. so i think the threat of a substantial tariff on chinese goods may bring them to their senses. melissa: yeah. but the president said when he

was at the g7, was arguing with some of our other allies about tariffs, why don't we all drop tariffs on each other? none of them about it. why do you think that was? do you think that is truly the president's long term goal is free trade? >> very hard to say. in the current context, nothing to suggest that is where he is going. i worry that he's, trying to do a deal with the chinese where they sell us less and buy more from us in order to reduce our bilateral trade deficit which is very large, almost $400 billion. that would give him some bragging rights but it wouldn't change our overall trade deficit with the rest of the world. melissa: why do you say nothing suggest is he is going for free trade, when he offered at g7, when he has somebody like larry kudlow you well know, is very much against tariffs, understands fundamental problems

with them, do you think that there is no evidence that is where he is is heading? >> i don't see the evidence. i see he is raising tariffs. raising tariffs on china a big way, raising tariffs on our other trading partners. so, at this point i would say, he is trying to get changes in behavior of those countries rather than trying to eliminate tariffs worldwide. melissa: all right. marty feldstein, thanks so much for joining us. >> good to be with you again. connell: the other big story today out of the uk, two major resignations within hours of each other. sent the british pound down against the dollar. but question mark over the government's latest plan to leave the european union. ashley webster joins us now with late-breaking developments on all this. hey, ashley. >> what a day it has been for british prime minister theresa may, connell. a day she would probably like to see end right about now. it is 9:00 in the uk, just after. we know jeremy hunt has been

appointed the foreign secretary in theresa may's government. he replaces boris johnson, the always popular, affable, notorious, whatever label you want to use, boris johnson who quit because he couldn't support theresa may's "brexit" deal hammered out this past weekend. he called it semi"brexit," "brexit" light. he said among other things, he said "brexit" should be about opportunity and hope. it should be a chance to do things differently, to be more nimble and dynamic, maximize the particular advantages of the uk as an open, outward looking global economy. that dream he says is dying, suffocated by needless self-down. he says england is turning itself into a colony of the eu and he promptly quit. theresa may desperately trying to get her conservative party behind a deal that it could take to eu negotiators in october for a scheduled summit. all of this has to be wrapped up

before england and the uk officially leaves in march of next year. it has not been a good day. the "brexit" secretary himself quit last night. in fact, just looking at the eu reaction to that, their reaction was quote, how can we miss a man who was never here? a little sarcasm from the eu by the way nigel farage is on the scene. look if we can't figure out this mess and coming back to make another plan to lead the ukip party, who led the vote out of eu. that vote was 25 months ago. more than two years ago. still the british government can not find a solution how to divorce itself from the eu one more world cup reference for you, connell, knew i get one in. someone quipped this, he said by sunday, england may be coming home with a trophy, but guess what, they will have no cabinet. connell: that's right. very good. nowhere to put it. you would still take it, i know

you would. >> i would. connell: in the semifinal. focus on soccer. forget all the politics. panel back with us right now. give them analysis of all this. heather, you take this one on first. whatever happens with theresa may, what does it all mean for us? >> right now division in the europe is a good thing for the u.s. why the dow is up 320 points today. still up 320 right now, when you have skirmishes oversees, as long as it doesn't involve trade disputes with the u.s., that is positive for the markets right now. would i like to compare "brexit," which happened 26 months ago, everybody thought armageddon would happen, the world would end, market went down, next week the markets bounced right back. that is similar to trade issues right now. quieting over the weekend. now you see sectors very unloved like industrials catching a bit on the backs of no news coming out of any trade disputes right

now. connell: it is interesting, that is definitely true what heather says, the other thing, adam, we don't know how either one of those issues play out long term, whether "brexit" or the trade war we're in. what do you think? >> i buy that, if our conversation is about the relative, the relative strength of markets then uncertainty in the europe is good for u.s. equities. i, far be it from me to disagree with ashley about analysis is of uk politics. i think it was very good day for theresa may. she is following a prudent course she worked out with the majority of our cabinet and totally correct cabinet ministers who disagree should resign, get the heck out and go fight whatever battles they want to outside of her government. to me that is constructive example of moving forward. connell: go ahead, heather. >> sorry, i think to some extent though the problem is, if theres with a vote to leave and adam, you tell me your take to leave the eu, is it this third way

that theresa may wants, prime minister wants, walking a gray line, still having regulatory ties, trade ties, prevent them from trading with non-e.u. nations? they still want, not going to allow them to have movement. they want out and complete independence, doesn't this keep them tied to the eu so what is the point? >> may i? this is the problem with referenda. you don't know they voted for or what they want. in fact most people that voted for had no idea what they were voting for. this is why governing is difficult, they're trying, painstakingly to work out. including responsibilities they made to the eu for a long time. so it is complicated. connell: we have to wrap it up. we'll come back to the topic later on. heather, adam, thank you for voting on. melissa: they didn't have no idea what they were voting for. people knew what they were voting for, they went and voted

to get out. very patronizing they didn't know what they were voting for. we know where you live. senate majority leader mitch mcconnell, harassed and ambushed outside after kentucky restaurant. heating confrontation coming up. connell: hours away from the president's big-time prime time address as he gets set to make a pick to the retiring supreme court justice anthony kennedy. that will have massive impact on the court and the country for days to come. latest on the short list. what is at stake. melissa: senate battle is already brewing with some democrats gearing up for a fight. one democratic leader says blocking the president's pick is more important than getting some senators reelected. not him, but other senators reelected in the midterms. >> republicans are holding four lottery tickets and all of them are winners.

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melissa: sources telling fox news the president has chosen his supreme court nominee and will make his announcement in just a few hours from now. adam shapiro is live with the latest at the white house. adam? reporter: already the fireworks are starting. officially we don't know the name of the person the president intends to nominate who will become the next associate justice on the supreme court. as the president said yesterday one of these four he identified are exceptional. let's talk about the fireworks because already on the floor of the u.s. senate is the opposition is building but support for whomever the nominee is also building. senator schumer took to the floor of the senate within the last hour, he said the democrats will put up a fight. take a listen.

>> in the old days the president would consult with republicans and democrats in the senate on qualified judge. what we have here is an exact opposite. the president has gone to two far out of the mainstream far right groups, the heritage foundation and the federalist society. and asked them, not the senate, to advise and consent on a supreme court nomination. reporter: no one takes that standing down. mitch mcconnell says that is the old strategy from the democrat playbook we've seen before. >> the consistency is really quite amazing. decade, after decade, nominee, after nominee, the far left script hardly changes at all. anyone and everyone, republican, president, nominates to the

supreme court is a threat to the republic. reporter: four thought to be front-runners, brett kavanaugh, raymond kethledge, amy coney barrett and thomas hardiman. thomas hardiman was the runner-up last time with justice gorsuch. hardiman is in washington, d.c., as fox news reported today. that is something that was schedule before anthony kennedy announced he was retiring. take a live look at u.s. supreme court. the president's nomination will be official 9:00 p.m. tonight, but already protests are scheduled, 8:00 p.m. on the steps of the supreme court. pro-choice activists gathering to show their outrage whoever the nominee is. then you have support already for the president and his nominee. more than $2.4 million being spent by judicial crisis network, getting out advertisements to support the president and the nominee.

the "countdown" is on. melissa: everybody knows where they stand even though they don't know who it is. got to love it. connell: doug burns, are you handicapping one of those four adam is talking about? before i do schumer's history lesson. antonin scalia was 98-0. i hope everyone recognizes that. i handicapped it like a mad scientist, all different factors. many which everybody heard, don't want to repeat them, brett kavanaugh a leading choice. all four, look at it globally, come from the united states court of appeals. that is not surprising. that is the training ground. eight of the nine current justice, including justice kennedy came from court of

appeals. elena kagan came from better spot, solicitor general. the 10th justice, the solicitor general appears. themy pick i feel that thomas hardiman may get the nod. it is kind of a gut feeling. connell: feels like his stock is rising for whatever reason. we don't know the reason, unlike other decisions made in washington this one really hasn't leaked. we found out the president made a decision. we don't know who. some of the stories last few days. hardiman was the number two pick. he was runner-up to gorsuch. >> to put it in colloquial terms, if that is the right word, if the president feels bridesmaid should be the bride, complete the analogy, he may take him. the other thing of course is amy barrett, what i find interesting there, first female conservative pick to the supreme court. we've had justices kagan and sotomayor, ginsburg, sandra day o'connor was moderate.

to have conservative female pick, may well be the direction it goes. it is so hard to handicap, you need a crystal ball. connell: we talk about elections having consequences. the supreme court is largest consequence of an election. >> no question about it. connell: how large is this particular pick? everybody is talking about the court having solid conservative majority. what about the big issues on the table? is roe v. wade one of them? >> it's a great question and the reason is everybody has to keep in mind a little bit of a history lesson, the last seat was replacement of antonin scalia a rock-ribbed coy conservative by another conservative. doug, my father said the next pick will be a bloodbath. replace the swing vote as one of the most powerful people with a conservative. that will be a bug deal. question about roe v. wade and other issues, people have to understand the supreme court is court of law, but, occasionally the big, big issue come before the court, things wide open like

right to abortion, gay marriage. that is where the court becomes more like a legislature. why we have all the idealogical dust-ups, supreme court, quick hypothetical was interpreting real estate contracts we wouldn't have intense, intense ideology debates. these votes have become so political. for me as lawyer and student of the court to hear how it is 51-50 before anybody been named. i go back to scalia, 98-0. a different time. connell: murkowski and collins perhaps being in play. we'll talk about that more later on. we'll see if you're right about hardiman. >> yeah. connell: melissa. melissa: taking another swipe at obamacare. more on the president's latest move. bringing young thai soccer players to safety. dangerous and complex mission continues. we have latest on the daring operation next.

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melissa: the trump administration suspending billions of dollars in payments to health insurers under obamacare saying a federal judge's ruling ties its hands. susan li in the newsroom with more on this. give us details, susan. >> melissa, this is the $10 billion risk adjustment program. basically what the program does, it tries to level cost for all insurers. insurers that have more healthy people on their books, they have to transfer funds over to other insurers that have to cover sicker people. this was so the aca, basically for new enrollees in the affordable care act, they don't have to pay higher premiums when they sign up. now the trump administration says halting these payments, halting the subsidy is not politically motivated this goes back to new mexico court ruling which essentially ruled that the program's implementation is flawed and not justified by federal regulators. obamacare reporters say this is just an excuse. this is another way for the trump administration to choke off the affordable care act.

last fall, they also halted suspended payments in the cost-share reduction program which helps cushion insurers from offering discounts on deductibles and out-of-pocket payments for lower income customers, but i as you see all insurers today saw gains. this is because this is a crucial time for them when they decide the premiums for next year. and looks like they will be going up if these payments are being suspended. hence you saw the stock performance today. back to you. connell: melissa: wow, susan li, thank you for that. connell: from that amazing story in thailand. four more boys rescued from the flooded cave. total of eight safely out of the cavern where they were trapped more than two weeks. two expert divers accompanying each boy, guiding them through the 2 1/2 miles to the cave entrance. they used a rope, a dive line there, to guide them out. thai officials hope to rescue the final four boys and their coach by tomorrow.

melissa: wow. awaiting a landmark announcement for the high court. in a few hours president trim will reveal his choice for the people court. andy america cart think, former southern district of new york attorney weighs in coming up. connell: a growing trend in american politics, protesters ambush political leaders. senate majority leader mitch mcconnell getting the treatment again. has this angry rhetoric gone too far? guy benson, "town hall" political editor sounds off on that. >> vote you out. vote you out. vote you out. vote you out. vote you out. vote you out. vote you out. >> where are the babies, mitch? ♪ open an account today.

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>> vote you out. vote you out. vote you out. >> where are the babies, mitch. >> vote you out. vote you out. vote you out. vote you out. vote you out. vote you out. >> yeah! we know where you live, mitch. melissa: senate majority leader mitch mcconnell ambushed by protesters outside of a restaurant in louisville, kentucky, over immigration. some shouting abolish i.c.e., others saying they know where you live, threatening a visit. has the rhetoric gone too far? here is guy benson, townhall.com

political editor and host of benson and harf, fox news radio. fox news contributor. a lost titles there. guy, what do you make of this? >> hey, melissa, we're seeing increasing trend of left-wing agitators accosting republicans or administration officials out in public. this one was actually relatively tame with just some people on the street chanting vote you out as we just heard there. i think the thing that probably crossed the line in that exchange is, we know where you live, more than a little bit menacing, or potentially threatening, this seems like direct agitation and direct altercations seems to be the new playbook of at least an element of the hard left. melissa: you also hear reports about people following kellyanne conway into the supermarket when she is trying to buy grossries, even, when you look at former hillary clinton aide, phillip raines, posted on twitter, a

woman saw steve bannon at a bookstore. she took the opportunity to call him a piece of trash. the bookstore called the police. he posted the information for the person who called the police. what do you think he is encouraging there? >> harassment, right? direct idealogical welfare, warfare, excuse me. i'm looking at these situations. i look, if you're a public official and you enter the public eye, serving the country, you're going to be open to criticism. sometimes when you're out in public you might interact with people who don't like what you've done. i remember a story back from the obamacare debate where a democratic senator from nebraska showed up at a diner while he was back home and got boots because he was supporter of obamacare. this sort of thing happens, but it does strike me as if the temperature is getting turned up, and we're turning some sort of corner into new rules where, i do wonder if the sort of folks in the media who are not

terribly alarmed by this sort of thing or even egging it on will feel the same way if there is democratic administration, you now have republicans or conservatives going after people in public, outside of restaurants, inside restaurants or even camping outside people's houses which seems like guerrilla tactic a little uncomfortable for american society. melissa: there is difference between if you represent constituency, you show up at home the constituency is upset with you, that makes sense. this seems drifting into territory a organized group could be paying or mobilizing people to go harass people. and that is completely different, you know. >> yeah. melissa: we'll see. we don't know. i want to turn you to, you know, the story of the day, which is the supreme court pick. here is what chuck schumer had to say about that a short time ago. >> president trump, repeatedly said that he believes roe was wrongly decided.

he promised in his own word to nominate only pro-life judges, whose selection will result in the automatic overturning of roe v. wade. those are his words. melissa: you think that is what is going to happen, automatic overturning of roe v. wade? >> i think the president was making point on campaign trail, when he delved into issues as president he avoided that litmus tis. let's not kid ourselves, the democrats have litmus test on abortion. they would never abide any nominee to supreme court or lower courts who was suspected of being potentially hostile to reverse sudden wade. there are sorts of standards that the left imposes on republicans and on the right, that they never would actually want to abide by themselves. and chuck schumer is doing his normal song and dance where he pounds the table about radical extremism and finding a new way to obstruct, promising all sorts

of resistance and fighting. this is the m-o senate democrats pursued for decade when it comes to republican judicial nominees. and it is predictable. they do it every single time as senator mcconnell mentioned moments ago on senate floor. melissa: you can be on either side of that issue or any hot button ones, talk about, still believe it is not up to justices to wave a magic wand, make the constitution say what it wants to say. >> correct. >> they're not elected officials. they're not supposed to be making law. you can believe in pro-choice or gay marriage, all these other things. not the same thing. i don't know, assuming the american public isn't smart enough to know the difference. >> that is their goal. i think the goal with roe v. wade in particular, fool people, if it were pared back or overturned some way, all abortion would be illegal everywhere in the country. that is not what would happen. it would go back to the states, legislatures, the people would have a stay in our laws which

are quite radical globally, look at our abortion laws compared to even europe. melissa: guy benson, thank you very much. >> pleasure. connell: the city after a major medical association pulled its annual convention due to safety concerns. sanitation department in san francisco reportedly now spending half of its 60 million-dollar a year street cleaning budget to pick up needles and other trash. melissa: president trump on the world stage following tonight's supreme court announcement. the commander-in-chief is off to europe to test bonds with some of our closest allies. he will come face-to-face with the u.k. prime minister and vladmir putin next. dan heninger from "the wall street journal" is here to preview the president's trip. >> i will see nato, i will tell nato, you have to start paying your bills. the united states is not going to take care of everything.

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connell: another shake-up in the british government. theresa may appointing former health minister jeremy hunt to be the new uk foreign secretary after boris johnson quit. turmoil coming days before president trump heads over to the uk. dan henninger, "wall street journal," fox news contributor. never a dull moment. >> for sure. connell: what do you think this means? does theresa may hangs on to her government over there? >> i think she hang on to their government because the question is what alternative do they have have? this is the moment, "brexiters" want. they want to maintain their trading relationship with the eu but they want to be on their own. they want to form their own free-trade agreements with other countries.

and may thought she had created a compromise to do that. it isn't close to what "brexit" thought they were going to get. and show david davis, her chief negotiator quit. now her foreign secretary boris johnson quit. connell: to the lead-up, she was against it. this is what the people want it, so i'm for it. she is for what they describe over there as a soft "brexit." keeping ties to the eu, right? >> exactly right. the question is, has it always ultimately been a soft "brexit"? a hard "brexit" would require the uk to do things that probably most of the tories and maybe the british people aren't willing to do. they would have to cut government spending. they would have to adopt a model like hong kong or singapore. cut taxes, less government regulation. a lot less spending. the hard "brexit" is all about, but i don't think the people proposing it liborries johnson have been honest telling british

people what we have to do. connell: the timing is interesting. as president trump is scheduled to head to the uk. he leaves for your pop tomorrow with the nato summit in belgium first. the president slamming nato ahead of the trip. we'll put the tweet up before we ask dan about it. the united states is spending far more on nato than any other country. this is not fair, nor acceptable, while these countries have been increasing their contribution since i took office, they must do much more. this is looks like another friendly world gathering for the president, just like the g7? >> it will be interesting one. believe it or not the president actually sent most of the heads of state over there, signed letters on paper, in envelope, urging them to spend more on defense. in fact, half of the 29 nato members committed to hitting the 2% target by 2024. connell: what he is doing, it is working them, getting them to pony up a little bit more than another presidents, right?

>> he is. the question he is going over there. some of them are responding what kind of tone is he going to set? one person who will be watching whether there is a wedge driven between the united states, you know who, vladmir putin. because he is trying to crack nato. then of course trump goes on to see putin in helsinki. he has, trump has a delicate balance to strike while he is dealing with these nato allies. i don't think he can go over there and start slamming them. connell: that is interesting as a final point. what do you think he does? speaks more postively because of the putin meeting? >> i think he will be more positive, thank them, ones that are spending more. lean on germany. he is looking forward to that putin meeting, having success with that. connell: that is interesting. you want to set yourself up not in the wrong way. melissa. melissa: decision will impact generations to come. sources telling fox news that president trump has made his choice to succeed justice anthony kennedy on the supreme

court. next, andy mccarthy, former assistant u.s. attorney, weighs in on the president's historic announcement. ♪

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melissa: the decision has been made. we're less than five hours away from president trump's announcement of the second supreme court nominee since becoming president. most republicans are on board with the president's final list, some on the left, however, see nothing more important than stopping the president's choice. >> the men and women that i work with on the democratic side really take this seriously. they understand it is an historic decision. it is about more than the next election. it's about what country the united states of america is going to chart as its course in the future on this supreme

court. i think each and everyone of them take that seriously, that personally. it goes beyond the next election. melissa: and abc is reporting that the president invited key red state democratic senators to the white house tonight but they have all declined to go there. here is andy mccarthy, former southern district of new york, fox news contributor. thank you for joining us. >> my pleasure. melissa: what do you think about the position for those democratic senators are in? it is easy for dick durbin to say fall on the sword or walk the plank, i think he said earlier today, go ahead and vote against the president's choice, even if their state is in favor of the president, what do you think? >> well i think what will probably happen, melissa, they will look at the republican centrists and take them as kind of a guide which way to go. so i expect they will probably sort of lay low in the tall grass until you get senator collins, senator heitkamp and

you know, some of the other, not heitkamp, the senator murkowski from alaska. melissa: alaska, right. >> i think they will probably lay in the weeds until those senators decide what to do. i don't think we should be surprised that the democrats are ratcheting up the pressure on this, on these democrats. this is a high-stakes political battle, and you know, they're approaching it just that way. melissa: it's high-stakes for which reason? do you really believe that it is at cat caterpillar -- cataclysmic that on the left see roe v. wade overturned? >> i don't see it overturned. i don't know how the case gets teed up. we've been living last 25 years or so, under a different case out of the roe jurisprudence, which is the casey case. it leaves a lot more room for abortion to be regulated.

over the past generation or so, most of our litigation arguments about roe have not been over whether roe should be overturned, but whether these regulations could be upheld or not. i expect that continues. melissa: what were some. specifics of the casey case? >> the interesting thing about the casey case, it came up as a direct challenge to roe. one of the things the court had to deal with, should roe be overturned or not? we had three main part opinion by kennedy, o'connor and souter, which split the difference. they upheld roe on precedent grounds, what they call stare decisis grounds but they also cleared away a lot of roe's prohibition on regulations of early term abortions. so since then, what we really

been argue about is whether these regulations can be upheld rather than having to grapple with the central question of whether roe is correctly decided or not. melissa: how big of a shift do you think this will be, changing this justice, changing out kennedy for any of these folks and do any of them strike you being dramatically different than the others? >> none of them strikes me as dramatically different from the others but i think it's a dramatic change in the court. it is not as dramatic change if you were moving one of the four justices in the left block. as justice ginsburg or breyer. justice kennedy was swing justice. he voted with the left a fair amount of time. if you had a reliable conservative jon the court that is marked shift. melissa: the shift towards, tell me as, with your legal perspective, is it about whether or not you're pro-choice or

pro-life, or waving a magic wand and making the constitution say something it doesn't say right there? >> i think it is about being proconstitution, the judge on the left want the law used as tool to move society in the direction they want to take it. we on the right want to see the law as reflection of who we are. we want the judges to uphold the constitution as it exists and law as it is written and at the time, as that it is tasked. melissa: okay. >> i think that's what it is really about. melissa: andy, thank you. we've got to run. thanks for your time. we appreciate it. connell: america's favorite fast-food tomorrow won't cost you a dime. melissa: oh, free chik-fil-a coming up next. ♪

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david: you have to show up at chick-fil-a with something that related. melissa: it starts when when the stores opening goes until 7:00 p.m.. get your free food. that does it for us. here's the evening at it. >> it's near impossible to imagine that president trump would select a nominee that is as hostile to our health care law and health care for millions and millions of americans who is an hostile to a woman's freedom to make your own health care decisions. >> tonight president trump one ounces nominee to fill the supreme court vacancy. we don't know who he will name but we are a no exactly what unfair tactics the nominee will face. it won't be new and they won't be warranted. we can expect to hear how they wi d