. staying on top of developins from the u.s. supreme court. anthony kennedy aounced he's retiring >> that's what we're talking about on 5@630 among the other stories you see. let'salk about kennedy's it will give president trump his second supme court victory during his time in office. 81-year-old was appointed by president reagan in 1987. currently the high court's longest servings justice, he' a conservative republicaneut a swing on some controversial opinions over the years >> i think there was a lot of talk about wther this wou happen and if it would happen right now. of course, it came day, he said h will end his term at the end of july. tom fitzgerald starts us offut liveside of the supreme court. >> reporter: this had been rumored but today making this announcement, justice kennedy

indicated it was time. he's 81 b cn on thisourt the better part of three decadesli d bees it's time tore . clear the way for somebody else to along and give president trumpehe opportunity to nam them. the supreme cou nominations ar for life. justice kennedy does not have to retire. but remember, outside of justice anthony scalia who passed awa several years ago, in recent memory, most of the departures oufrom this c have been through retirement. juinices dg they simply had enough and dec ed toleave. now, althoughou the whise today, president trump indicated that this was not a surprise to him. the fact the presint said he's knomn about thise time and he has been working on his replacent >> we will begin our search for states supreme court that willi begin itely. and hopefully we'll pick somebody who will be as

outstanding, so i just want to thk justice kennedy for the years of tremendous service. he's a spectacular man. and i know that he will be around hopefully a long time to advise a i believe he'll be teaching and doi other things. r so thank you. eporter: kennedy's departureul ttle in u.s. senate to replace him. he's what's known as the swing vote at the u.s. suprecourt. what's that mean? right now, it's constituted there are four liberalustices on the supreme court and fe con one. but he is often the tie breaker, the man at the very heart of these decisions that rule on things from gun rights to gay rights, toag marri equality, to campaignin fig, to abortions.

with kennedy gone and president trump replacing him, he could solidify tha conservative side of the court and basical effect this supreme court forto generations come. democrats today made it very ctear they were perfe willing and able to put up a fight ove the nomination. however,ns repub control the united states senate. senator ben carter of maryland told us he wants to see h republicans will work or if they will work withdemocrats, although his colleagues, senator chris van holland made it perfectly clear if somebody gets named tohe t heart ride of the conservative idealologys demo are prepared to put up a very strong fit >> i thinkue the first is how the presidents proceed and how mcconnell works with leader schumer and all the members of the senate. we'll see whether that happens. track records is not good >> look if it's not an individual who has broad and bipartisan support, they will have a hell of a fight on the

supreme court nominee because we don't want somebody who's just a ru stamp off of a right wing checklist. >> reporter: those are thett ba lines alreadyeing drawn here at the supreme court across the street over at the u.s. capital. jim and shawn, keep in mind supreme court is in recess, they will not recvene until october that gives us rouly three months if the nominee will get confirmed to be on this court bm the t the fall session begins. the president has said, and during the nei gorsuch nomination about 25, that's no sort of autograph >> the 25 or so nominees -- who are some names being tossed out enjoyable part about any supreme court replacement. the especulation. becaus just don't know who

they willname. already? certain names are starting to rise above others. you've gik senatore lee of utah. he's well-known amongst senators. he's one of them. he's somebody who is familiar with the processnd a already has, you know,ad relationships with these fellow senators who will vote on this. judge that's already on the bench, done willard out of the fifth rcuit in xas, his name came up durg last round. see. will have to wait and the speculation will continue until president trump final names a nome but the sense is we're not going to haveo wait too long, the president has inormation that it's goi happen. had names and they're ready to name in the coming. >> we'll be watching,haom fitzgerald t you. . president trump is doubling secure his commitment t the border but zero tolerance enforcement policy is facing multiple legal challenging, a

california judge ordered borderr authorities tonite the family, any of thehildren have to be reunited within 14 ys. as lawmakers are still looking for a fix on capitol hill and other news, let's bring in stephen spalding. first i want to get yourake away on the news out of the supreme court. jason, i'll start with you. a lot of people wondering when president trump was going to have a chance to appoint another justice. looks like he'll try this summer >> it did coms a bit of a surprise people thoug that the downor the summer after these o series 5-4 rulings that went in the conservatives' favor and this announcement came suddenly and, you know, you could hear the trump derangement was powerful in the air coming from the left.os votes.one of their key swing

justice kennedy would go to the left be occasionally. esncially o cultural issues sort ofnown as a social justice warrior and i expect thatnt pre trump probably will replace him with a strict constitutionalist much like gorsuch. >> i've heard from analysts all day who say the democrats need to fight like heck to oppose anything here.what do you think strategy will ? about justice kennedy, he'sn referred to as the swing justice was not on decisions that undermined in many respects the integrity of democratic self government. he wrote the supreme court's 5- decision on citizens united he struck down the vote in shelby county. has had a record but this leaves an opening on the supreme court for president trump to nominate someone. mitch mcconnell bcked the fair consideration of president

obama's nomee for nearly a year saying the american people have to weigh in. we're now in an election year so there's the question, are the american people going to have a chance to weigh in? irrespective of th, if a nominee w receive a heari that, of course, mcconnellni ed to president obama's noinnee, that nom will need to go on record openly and transparently and honestly about where they the stand on their core issues of american democracy and whether they're talling to s up for justice for all americans and stay true to what's chiselled and marble above the supreme court, which is supposed to be equal justice under law. gears back, we don't have a lot of timeleft. we were talkinggrbout immiion earlier. a new poll finds that the majority of american voters blame parents we choos to illegally cross the border noti the trumpistration for what we're seeing as tti seon of families right now. jason let me ask owyou, w that a judge ordered families to beeunited within 30 days, we

understand there's some 2000id plus k out there not some the parents don't kw where kids are. what needs to happen >> surprising part of this poll is they actually had to think they nee whether theytod de thi the tnk should let peopl break the law. and that's what they were asking people. and the majority of americans unsurprisingly thinks that we should uphold the law. this was all due to this 1997 ruling that wasassed to really enforce the border lawso s the parents would be deterred from blinking children across theil border gally. and you know, they -ot it did work. it did not deedophese pe. theyept coming, so we needed to prosecute, turn them back at the border. and often that involved separating the families. today, the department ofec homeland sity is requested 2000 additional beds. i suspect t this is all in an milies that were caught up in

this -- in this law tbe able to bring them together, and the president also alady sign an executive order doing the same thing and ordered due process for these people >> i want to bring you on ton conver before we go. >> i thinkha the c of thismi nistration, the lies from this administtion, the misdirection, there f to really tell the truth here. has t confused american people. ultimately, on this issue, at the border, families belong togeperiod. i think many americans are going to be coming together ts clear, familiesr belong tog le notwithstanding the administration's failure to he will at the truth >> if i my w say youent thing quickly about the poll. it's spelling bad news for the democrats barbecue it showshey completely lost on the border

issue trying to tie it to trump and there by tie i to the republicans, people are with the president on that issue. >> we'll let you jumpn there stephen if you want to respond >> i think again, we ve -- we need to uphold the rule of law in ts country. theth presidente united states hashanged policy, and s been tearing families pty who are coming to this country seeking asylum, that is not in keeping wit american values as we know them today. and again, i think families belong together and that's what families are going to make cleae this wee that protests all across the country we'll talk more about that in a little bit. let's move on to a big stor in a u.s. house race in new york that could leave democratsed a little worri 28-year-old formerarnard alexandria cortez defeated the fourth ranking democrats in the house, i she wins she'll become the youngest sittingember of

congress >> all three candidates who presidt trump threw his support behind easily won their genera elections. the president tweeted congratulations and wrote he looks forwa to working with mitt romney who is up for the gop nomination in utah. >> lea scar numb from role call is here. kelly mcname, sd she sees this as a red tsunami mes. president trump said, joe crowleyly should have been nic to, quote, his president. i think the intent of the primaries may have been a ltle on them. but is this something the democrats should be worried about? >> i mean, i think what we learned last night is thathe t divides from the 2016em presidentiocratic primaries still exist today. that not a surprise.

we've seen that throughout the countryn multiple primaries. either way, it's way too early to tell if there will be a massive wavee olur a massive red wave. there is history will tell us that should be onemocratics side. democratic has a unified enemy in the president, donald trum the same way that republicans had that asset going no mid terms while president obama was office. so i don't think what we sawst night was necessarily indicative of november results, but it does show that there are divides inhe democratic party that haven't been all that car through the primaries >> what t dohe to democrats need to doid prest trump beat 16 republicans, hse unwanven tiona. he -- the truth didn't matter, certain other facts didn't seem to matter. do democrats need to start being more like thato s of, i guess, enhance the blue wave we've heard about?>> i think wh

trying to choose candidates that best match their district. there are about two dozen districts where congress men are defending in h districts tillary clinton carried. what democrats arein try to do is find candidates who match their values. me of those support single parents, some bernie sanders supporters and some hillary clinton suorters, so you have on all of these divides, but those will not be of m problem this cycle. it could be a problem in the >> leo scar no from role call. waiting on results in a localrace, closeo 200 votes separating acaat david blair, mark, elridge. there was a technical error many

people changed address on one of these kiosk, the information didn't gowi through, tll have to do thevi proonal ballots, those won'te counted until next week. to theti demc nominee in maryland, ben jealous won the nomination beat prince george's county executive rushern baker. jealous had 40% to baker's 30% angela alsobrooks won the democratic primary for prince george's count executive. beat donna edwds and state senator anthony muse. she's vowing to fill rushern baker's seat and face jerry matthews coming up i november. the women's march is mobilizing again, this timeil again fam detention at the border, we'll tal more about that on the oth side of the break. ♪ . ♪ . ♪ . ♪ .

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women's march mobilitiesing thousands of women. linda co chair of the march is joining us live tonight. what are you guys hoping to accomplish? we know the president recently signed an egcutive order s he doesn't want families to be separated anymore but the zero tolerance policy is still in effect. what are you hoping toco mplish >> we want to send a strong message to the administrion th ruling andarching doesn't seem enough and w sdon'tee that much progress coming and there will be hundreds of women in washington, dc to tell this president we don't trust him t ells us he's not going to separate families. inecorded children o my twitter account were unaccoany on flight from houston to new york city. beingarated and there ae still women ready to step up and sacrifice, and whatever sacrife we put forth are flood compared to the families beingrt ripped apa >> all this talk about you

mentioned silver dis obedience. it was stunning because we saw really a much -- you mentioned the rchers. i had to point out o last nightn another network you brurn up martin luthe king's name. in this era of civility, there's calls for civility everywhere, chucpe schumer one of the le. martin luther king about people like chuck schumer. what did you mean. milies are being ripped apart. children are being ripped apart from families. if you're going to talk to me about civility about how i'm supposed to act when i see a sarahrs hackabee-s, it is in my right and say to her this is what i feel about you. civility is not about violence, the womhe's marn you saw ayit the largest single k protest in u.s. history welcomed a lot of new activists. the next step is what else do you got? you can rally, hold a sign. if you believe insomething, and in perpetual outrage, you can

organizeig in l of people liken chuck schumer takes the time to sit on the senate floor and try to chastise aoman like mac seen waters who's basically saying ton'us, she did say harass or hch or people. she said there's nothing wrong with a restaurant like the hen to basical give you your money back and say, we'll comp your plate and we don't want you in yot. establis i get harassed by peopl that are, you know, in my opposition they a heckle mt events, it'sth r right to do that and come as long as they're not hurting or iighting violence. >> let me ask you is: . when you s civil dis obedience, that means a lot of different thin people are used to seeing the first women's march the massive amount of women marching peacefully with the sign. you say that's not what you'ret going do. whatl you do >> our civil disbe oence is rooting on nonviolence, this is an opportunity for women to send a message in a a differentway.

we d give too much details about what ectly it will look like because that' not point of civil dis obedience but i think that the capita police will ha the handful with a lot of powerful passionate women coming and going to be trained in keny andnonviolence and to engage in a powerful act and to be part of a long legacy ofntnonviole civil dis obedience in this country. >> what time does it kick off tomorrow >> 10:00 at freedom plaza. >> thanks so much for coming in. we appreciate it. .th >> and we're back afe break.

. we talked about it last segment. sarah hackabee-sanders will get secret service protection following her me being asked to leave a restaurant. some with signsupporting the president, others calling for civility. the restaurant has been clo wd followinave of criticism and support. planning to reopen july 5.

the adams hotel was introducing a new cocktail. it's a combination of a moscow mule whichs a nod to the russian investigation and dark and stormyhich is a referrmce toy daniels. the trum sour and the sweet milaniaut it doesn't matter because they don't have them in front of us right now. >> what happened to the cocktails? .

some say president trump is dividinghe country but last night he helped unite late show host to get lower ratingsn "the final 5." take a look. >> hey la soul, what are you up to? be a man. >> i'll tr >> what are you up to >> i'm busy havingo talent >> did you see trump's rally last night? nope >> me either, i heard he said some pretty bad stuff about us >> that doesn't sound h lim >> no threaten, low life lost

souls >> that's not right. that's k onan >> hey guys, what's up? >>si prent who >> donald trump, the real es guy who sells steaks? he's esident? ww. house's he doing? >> not so good >> the skit was in response to the rally in souco carolina wherelbert, the segment aired on both the late show and the tonight show, worth mentioning. all shows get lower ratings than "the foual 5" which yan watch right here at 11:30 six nights a weekit sundayh britt the rest with plea >> last time we sawli something that was when letterman a leno had their fight and they had theer bowl ad with oprah. >> thanks so much for joining us on 5@630

>> we're always online at fox5dc.com. aawn is backt 8:00 on the plus.>> we'll see you at 10:00 x 5. good night everybody.♪ . ♪ . ♪ . here's money for pizzhere's the, but, if you go online while the boys are online the internet can slow down and...li they don't it. you guys don't hao. fios? [mrs. jennings] but it's a 100% fiber-optic network with ridiculous speeds.e you could halike, a hundred devices online at once.

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announcer: today on "tmz" -- harvey: this morning, ok, we just broke the story, joe so jackhas died. the patriarch of one of the moss singing families in history. >> n harvey: the jackson five. janet jackson. harvey: but she was in the jackson five. >> no, she wasn't.et harvey: they brought jackson out to sing. >> i was at a u2 concert they brought erykah badu concert. -- out. doesn't mean she's part of it. >> damonash, he loaned lee daniels $2 million that lee s danever paid him this money back. at a diana ross conceree dan and the funny thing about the video is diana ross is singing while this whole thing is happening. harvey: what is she singing? >> she's singing "reach out and touch." >> floyd mayweather just bought