justices thomas, gorsuch and alito. but as of this morning, we have an entirely new standard previously unknown to american law. credible claim of a bona fide relationship to a person or entity in the united states. that is likely to be litigated in future months and years even unless the supreme court in the fall in its full opinion after hearing argument somehow change the standard. >> do you agree with that, laura? >> yes. i think the supreme court had the intention and knowing that you would have further litigation on an issue of trying to figure out what qualifies as bona fide. what is going to be that connection. remember the timing sheer important. the trump administration earlier in the month had a memo of within 72 hours of whatever the ruling was going to be, that they could implement certain portions of it. now you have a 90-day period of vetting will take place. you count ahead. by october, the issue may be moot. here is how it will not be moot in front of the court. if there are other things coming forward

[applause] and neil gorsuch is a supreme court justice! [applause] which demonstrates that elections matter. andemonstrates that the men women here, men and women of faith, pastors, america star star brothers country -- who love freedom, when we were as a band and together we can do remarkable things. this is a strange time in washington. there's a lot of noise, most people letting your hair on fire on cable television every day. [laughter] i have to one simple bit of advice for each of us, for the administration and for majorities in both houses of congress, which is ignore the political circus, and let's focus on delivering results. [applause] we have got an, and historic opportunity. i think in 2017 to others for big priorities when you have to deliver on. the first is the united states supreme court, having principal constitutionalists on the u.s. supreme court. [applause] neil gorsuch is a home run, and recommends president trump for honoring the promise to the american nominating a principal constitutionalists. [applause] us who chai

if you're a conservative and had doubts about gorsuch or questions about gorsuch you're feel going ats first term. right? >> absolutely. look who he dissentsed with. couldn't be better news with conservatives. didn't go with his mentor, anthony kennedy. he's always described as a former law clerk to anthony kennedy as if they're in sync lil lilttle legally. he's more in sync with justice alito and justice thomas. >> and you know, gore such turned out to be everything that trump and his supporters wanted but without trying to get too much in kennedy's head, he may resent a little feeling like he's, you know, being pushed or prodded and perhaps feels like sticking around a little while longer. >> maybe that's why the bar will remain open after the end of the formal program? sit tight. wanting to pass obamacare replacement plan this week, but as we speak, they are well short in the hunt for votes. manait's a series of is nsmart choices. and when you replace one meal or snack a day with glucerna made with carbsteady to help minimize blood sugar spikes you can really feel it. glucerna. eve

want to stay invalidated completely, thomas, aledo and gorsuch, indicating as we saw throughout the day that justice gorsuch is aligning himself with justice thomas, the most conservative, giving a clear signal of where he is going to be on the future on all these cases. >> opinions come forth today is significant. as you continue to read this 16-page order that has come down, also to the team in the control room, the map ready to show people the countries that are affected where this travel ban was affecting people coming into the united states. we'll bring that up to remind you in a moment. what also complicates that. there you go, right there. this was not established law. that 90-day review period was still in place and complicates things. this is taking up what the fourth and ninth circuit appellate courts ruled against the administration on. it is still up in the air and

the significance of the rise of gorsuch, who was a law clerk of justice kennedy? cannot be said often enough, in issue after issue, not just gay rights but also affirmative action, last year's major reproductive rights victory, time after time after time, even conservatives really feel that kennedy had defected and voted with the left wing of the court in a deep way. he is the supreme court of one. it is clear to me that if trump has the opportunity to replace him, we are going to see landmark losses in areas where we have made progress, ranging from everything i have just talked about to some of these other religious freedoms, possibly the gerrymander cases coming up this fall, possibly the travel ban. kennedy is really the bulwark against an enormous amount of progressive losses going forward , and i think the fact that gorsuch, a former clerk, was picked to sit -- to fill scali'' s seat was a message to kennedy, don't worry, and gorsuch is not turning out to be of the kennedy mold at all. amy: what is your assessment of the supreme court term? >> yesterday was

tell us about the ceremony that justice gorsuch is taking part in today. we understand that there will be no video, but we will get a picture, right? >> will get a picture and it frankly is a time-honored tradition. a chance for the court to welcome its brand-new member and this is a tradition that dates back quite some time and of course as you pointed out, the president of the united states will actually be there as the high court welcomes justice neil gorsuch. sounds fun. you're going to hear this word investiture a great deal today. you might say what is investor germane? to measure the definition. it's really not terribly completed. as you're reading about this particular event today. investiture means a ceremony in which honors or rank are formally conferred upon a particular person. in this case, that would be the justice gorsuch, who was axis i and a couple of months ago. you may or member that. the president will be in the courtroom for the brief ceremony today in which the new justice will be seated in the well, and the very same chair used by ch

i think we will see over time a principled good jurist in neil gorsuch. someone that democrats would appoint but someone who is the kind of republican equivalent to the democratic nominees that i mentioned before. >> former u.s. acting solicitor general. really appreciate your time tonight. thank you. surprise! (vo) living with ammonia odor? not a pretty picture. (vo) luckily, tidy cats lightweight with new ammonia blocker tackles tough odor, even ammonia. so long stankface! (vo) ammonia like that? there's a tidy cats for that. tais really quite simple.est it comes in the mail, you pull out the tube and you spit in it, which is something southern girls are taught you're not supposed to do. you seal it and send it back and then you wait for your results. it's that simple. (woman vo)o) my husband didn't recognize how tour grandson.eeth. (woman 2 vo) that's when moderate alzheimer's made me a caregiver. (avo) if their alzheimer's is getting worse, ask about once-a-day namzaric. namzaric is approved for moderate to severe alzheimer's disease in patients takin

this is where we are going to see a lot of action, particularly with neil gorsuch on the court.i w wanted to ask about a case that specifically involves the center for constitutional righghts. this is the recent supreme court ruling on june 19. the court reversed a federeral appealss court that former high-level bush officials may be sued for their roles in the post-9/11 profiling of men. >> the second court of appeals found the former attttorney mueller,and robert could be sued for rounding up hundreds of men in new york after 9/11. there was a citizen tip situation where people were phoning in tips that, this person is an arab and has been working long hours, this is a muslim who has been renting a phone -- a po box. these men were rounded up, put in special detention facilities, and essentially disappeared. they were being held under suspicion of terrorist activities. a lot of them were deported because they were not citizens. at the end of the day, none of them had a connection to terrorism so our lawsuit which has been going on for many years , sought to hold the high level

gorsuch is on the bench as you mentioned there.l the court take up this case that originated in the west wing of the white house or not? >> shannon: so many different things they could do. they could say we're going to vote the lift the ban. the lower courts that have said the ban can't go into effect or do something different which is actually hear the entire case on the merits. normally that would happen in the fall. nothing has been normal about this travel ban case. we'll see what happens. we would expect justice gorsuch will be part of the voting process. they haven't given us word this morning in the orders list. it doesn't mean the court can't make a decision. it has been fully briefed. we just wait for the court. >> bill: you were sitting wednesday and during a commercial break you said hemmer, i think there is a chance we could have a retirement on monday. just a chance. now, justice kennedy is 80 years old. he will be 81 in about a month and he moved up his annual retirement party by about a year? >> shannon: we don't wan

screaming and applause] neil gorsuch is a supreme court justice.hich demonstrates that elections matter. it demonstrates that the men and women here, men and women of faith, pastors, americans across the country who love this country, when we rise up and stand together we can do remarkable things. now this is a strange time in washington. there is a lot of noise. there is a lot of people lighting their hair on fire on cable television every day. ofave got one simple bit advice. theeach of us, for administration and for the majority in both houses of commons, which is ignore the political circus and let's focus on delivering results. applause] have a historic opportunity. in 2017 there for big 40's we need to deliver on. the first is the united states supreme court having principled constitutionalists on the supreme court. [applause] was aruz: neil gorsuch home run and i commend president thep on nominating constitutionalist. for all of us who cherish the bill of rights, who cherish religious liberty and free speech and the second amendment and the

justices alito, thomas, and gorsuch issuing a partial defense of the ban. get more into this in a few minutes. -- the biggest set -- this is according to an investment letter released yesterday. joining us now in london, our bloomberg gadfly columnist. in new york, we also have ed hammond, who broke the story. loeb is good at taking positions in different countries. how effective is he in these jurisdictions? he is either hit or miss. he is a very good activist investor. he's very good at raising money. have this special purpose vehicle alongside his unfunded in this position -- so, i think he has a good track record. he knows what he is doing. this is a slightly new feature. andrea, what will nestlÉ's position be? we will hear something about loeb wanting them to break off the l'oreal part of the company? andrea: i think it's quite unlikely they will do that. the ceo has described that as "a strategic asset. " it does not so mckee is about to divest that. anyway, what would he do with the money? mark: yes, good question. if they did divest that asset, it l

like neil gorsuch. >> absolutely right., many of us sat back and said why am i going to vote for trump? it came down to, i'm going to vote for trump over hillary because we'll know -- we would know who she would put on based on who donald trump would fit on the court. you might remember, he put out a list of those who, in fact, were on the top of his list to go to the supreme court. we were able to see that list and make a choice for donald trump, for the presidency of the united states of america. so if he does nothing else, many of us are very happy. >> it's in spite -- or despite, whatever it is may you feel about him. >>> i want to switch gears now. let's talk about health care. that appears to be imminent. some people are saying they don't want this to go to the floor. or even be -- congressional budget office, cbo says 22 million more people will be lest uninsured if this senate republican bill passes. henry olson, who wrote a book on your father, says republicans need to listen to president reagan on health care. he

i think we will see over time a principled good jurist in neil gorsuch. democrats would appoint but someone who is the kind of republican equivalent to the democratic nominees that i mentioned before. >> neal katyal, former u.s. acting shoplift tore general. really appreciate your time tonight. >> thank you. >> we have much more ahead. stay with us. the mercedes-benz summer event is back, with incredible offers on the mercedes-benz you've always longed for. but hurry, these shooting stars fly by fast. lease the c300 for $399 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing. looking for a hotel that fits... ...your budget? tripadvisor now searches over 200 sites to find you the hotel you want at the lowest price. grazie, gino! find a price that fits. tripadvisor. if you have moderate to severe ulcerative colitis or crohn's, and your symptoms have left you with the same view, it may be time for a different perspective. if other treatments haven't worked well enough, ask your doctor about entyvio, the only biologic developed and

what does that tell us about justice gorsuch? >> well, i would imagine president trump is pretty pleased with his nominee at this point. i don't think we should be terribly surprised by it. i i mean i think this is consistent with where he was. but this is a couple of opinions, we got to give the guy a chance here, so i think we should sit back and see how it all plays out, and this is just at the injunction stage as well. i think everyone should have expected that justice gorsuch was going to be a conservative judge and i wouldn't think that this would come as any great surprise. neil may have a different view. >> justice gorsuch has been on the court a whopping two months at this point. i think it's important to let the process, even in this case, which after all has been set for argument in the fall, i did take a position on him in his confirmation hearings and did support him on the grounds that i was very upset when democrats voted -- actually republicans voted against our democratic nominees, i felt like the same yardstick

justice thomas and justice alito and the new justice, justice gorsuch is an illustration of where gorsuch is positioning himself. >> how does this affect the case they agreed to hear, the colorado cake artist that says it violates his religious beliefs to make a wedding cake for a same-sex couple. they would be intertwined. >> it's about the clash of rights. is the right of same-sex marriage like the right to be free of religious discrimination? we have laws on the books that say a business cannot refuse to sell a cake or anything else to an interracial couple or people of two different religions that decide to get married. that is bedrock principle. the question is, is refusing to sell to a same-sex marriage in the same cat gore or should we say you have the right not to participate in any way with a wedding ceremony to which you have a disagreement. that's the clash in the case. >> the court also decided not to hear either of the second amendment cases in front of them, one of which was so significant, it would have been the biggest decision since heller. >> right. the heller decision,

and here's what's coming up tonight on the big picture with neil gorsuch on the supreme court and some more liberal justices looking to retire is america on the verge of sliding into theocracy alas the reverend barry lynn in just a moment and the trumpet ministration has just put the drinking water for one out of three americans at risk we'll talk about how internet's lone liberal rumble with horace cooper and charles. donald trump i want to build a wall on the mexican border but under his watch the constitutional wall that is supposed to separate church and state is crumbling and crumbling fast this week the u.s. supreme court took action on three very significant cases that have america's commitment to secular government very very worried for more on those three cases i'm joined now by reverend barry lynn executive director of americans united for separation of church and state reverend lynn welcome back it's nice to be here great to have you with us so on monday the court said that if the government is going to pay to resurface the playground of a public school they have to do it fo

>> when you say who gets to decide, justice gorsuch makes a huge difference. the court was unable to grant review because they were tied 4-4 until gorsuch came on. this is one where president trump's election, the loss of merrick garland as opposed to gorsuch, is going to make a huge difference. if they vote along political lines in this case, the republicans in a sense say we're not going to review this, you never know when the pendulum could swing back. so you're absolutely right that this is a case where they've got to be careful as to which way they vote because the future is a long road. >> without this case, if they grant review and say this is unfair, it could have bigger implications because only about half the states have direct democracy where you can put ballot initiatives on the ballot. that's one of the big things, experts say why california's model of an independent commission couldn't actually catch fire across the u.s. unless there was -- it was basically forced by the court. >> so this could be a landmark case. we'll be watching that. >>> also

just as neil gorsuch was a big, big deal. somebody explained it to me, they said when you pick a supreme court judge, you want great intellect. but you also want youth. they will be there for 40 years. if judge neil gorsuch, but i've got to know, he is a fantastic human being, besides being a brilliant, brilliant person and one of the great legal writers that exists in our country -- probably in the world -- today, every time you see a decision written over the next 30 or 40 years, especially if it's a 5-4 decision like on second amendment or so many other things... you have done something you can't value. it's so important. think of it. for a 30-40 year period, you've influenced this country. i've always heard that just about the most important thing you could do -- i always say defense -- perhaps outside, because we are going to have a strong military and strong defense and we needed need it . i've always heard that the most important thing a president can do is pick a great supreme court justice. so i've got one. we'll pro

when it was antonin scalia for gorsuch, it was a one for one ideological swap.ne who wrote the mantle opinion in the same-sex case and citizens united. truly at the center of the court. you don't know which way he will go. >> there has never been, in my lifetime, a justice as important as anthony kennedy, given the ideological splits on the court. he is a hero to liberals for his embrace of gay rights. and, particularly, last year he voted in favor of an abortion rights case in 1992. he voted to reaffirm roe versus wade. he wrote citizens united, a case that liberals -- he is a crucial, crucial figure. given what donald trump has promised during the campaign, given neil gorsuch it seems likely that trump would appoint a strongly conservative candidate, which would really throw all the cards up in the air in the court. >> it would be his legacy. >> it would be a big one. >> thank you. >> keep an eye on your watch. >> don't go too far. i think we have a lot maybe ahead from the supreme court this hour. >> all right. >>> battle lines are drawn over the slashing of

see how this has been characterized now that you have gorsuch and nine justices. >> neil gorsuch who support as a supreme court justice has joined two of the most conservative justices, clarence thomas and justice alito to take the position that the entire injunction should have been lifted. this is like the three horsemen of the apocalypse and they are waiting for the fourth one to come along so that they can go on the trend for extremism. >> bill: that is some loaded answers. is this the way this going to go? >> sounds like extreme rhetoric. the decisions showed quite a few justices focusing on constitutional jurisprudence. it was a great and exciting day for gorsuch watchers pair people know he was a strong constitutionalist. one of the things i thought was interesting is that he went to the court to protect a second amendment case. free expression issues and the first amendment. second amendment issues and then you have his position on this travel ban, all comforting to people who are hoping for a good justice for a long time to come. >> bill: do we get the sense the court change

what does this tell us about justice gorsuch? [laughter] ms. yates: i would imagine president trump is pretty pleased with his nominee at this point. i don't think we should be terribly surprised by it. this is consistent with where he was. look, this is a couple of opinions. we have to give the guy a chance here. we should sit back and see how it all plays out. and this is just at the injunction stage as well. everyone should have expected that justice gorsuch was going to be a conservative judge and i wouldn't think this would come as any surprise. mr. katyal: justice gorsuch has been on the court a whopping two months. i think it's important in this case that is set for argument in the fall, i did take a position on him in his confirmation hearings and supported him on the grounds that republicans voted against our democratic minees, justices kagan and sotomayor. and the same should apply to the other side. and we are only a couple of months in. i supported the chief justice's nomination and i was attacked, he votes conservative and never vo

neil gorsuch, even though the short time he's been on the from him?t do we see guest: seen pretty much what he said he would be at his confirmation hearings. is a justice really focused on the language of statutes. we any bigseen him rule on constitutional cases, we might see that today. he e is a church state case will be participating in. cases thathave a few the court says we will reargue next term, the other eight of justice gorsuch wasn't on the court and we want him to decide in the fall. today may set us up for big decisions for justice gorsuch down the road. supporting for bloomberg talking about many things happen whenning it comes itself.ourt thank you for your time. sure. host: as we do every monday, focus a segment on taking a look run by the federal government for cause and effectiveness. oining us to talk about military pay is scott maucione, with federal news radio, covers department ts talking about the 2018 budget and what it does for the military. us.k you for joining guest: thank you. host: federal news radio, what is it? a private

it will place behind closed doors and once it's over, we will see judge gorsuch and chief justice johnts take the traditional walk down the courthouse steps. and new details emerging today about the man who opened fire at the congressional baseball practice yesterday, wounding five people including house majority whip steve scalise.

confirmation to the supreme court, now associate justice neil gorsuch. that was to great fanfare and without much trouble. so that is a big feather in the president's cap. he removed the united states from the trans-pacific partnership just like he said he would. he removed the united states from the paris climate accord like he said he would. he just signed into law this veterans affairs reform bill that he had campaigned on in light of the v.a. scandal that cnn was part of exposing. and of course he promised to disrupt washington, and i think it is quite certain he's done that. so there's a list of some accomplishments, and the white house would even have a longer list. >> listen, and i don't want to take anything away from the president, trust me. the neil gorsuch thing, though, it happened under the president's watch. he did nominate him, but isn't that mitch -- mitch mcconnell made that happen. >> well, i don't know. putting a justice on the court is the responsibility of the president. obviously the senate has the advise and consent role. but, reme

the one thing with the gorsuch rollout, it was smooth, to jim's point.hink he needs to kind of hone in on what he wants to focus on mention russia in every other tweet and the media and fake news. he needs to really focus on his message and be more disciplined and maybe take a note from what president obama did, how he was pretty focused on kind of pushing his agenda forward, even when there were so many distractions around his presidency. >> and amie, he seems it be obsessed with his predecessor, don't you think? >> oh, yeah. and with hillary clinton. and that's why, you know, the election is still going on in many ways. he still feels kind of undermined by what happened, that he didn't quite get and win the popular vote, so he feels the need to kind of talk about that and talk about how he won still. this is all problematic for him. i think you're hearing a lot of that and it's why his communications director was so frustrated and why, you know, he ended up kind of throwing up his hands in the air after a while. people around him are really frustrated

and gorsuch's wife louise. the president met privately with the just tys, there was reportedly no talk about the travel ban on which the court will eventually rule. >> warning about laundry pods for anyone treating adult with dementia. federal government says having those pods around the house could actually pose a deadly risk. apparently elderly people with cognitive issues can mistake them as well for candy. eight deaths related to ingesting laundry pods have been reported since 2012. six involved adults with dementia. >> naval technician, thought to be missing at sea, has been found on his ship. peter mims' disappearance last week triggered massive man overboard search in the philippine sea lasted several days. mims was found yesterday hiding the uss shilo, a source tells abc news, mims was being mistreated and wanted to leave the neighbor. >> mississippi man's pothole protest yielded positive results. >> take a look. >> wow. >> daniel trestle. decided to bring awareness to an 8 foot wide pothole in jackson

and now you see neil gorsuch sitting on the supreme court making important decisions. this is going to be a decision that tells us how the president can move forward on immigration. and the cake bakers, there's going to be an argument as to whether businesses can deny services to gay couples because of their religious beliefs. there's a ruling say that the states can give money to religious organizations. we're seeing the rights idea, the republican ideals being fortified by the supreme court that they picked and they played the long game to get. >> and jonathan, this is actually the second anniversary of the landmark ruling justice kennedy's key role in all of that in gay marriage and now you have kind of partial decisions today in that, they're taking up the case of the baker who wants to discriminate or have the right to not bake for gay weddings which could be, if it comes down against gay rights, a much broader ruling in fact against all sorts of protected minority groups. and also the ruling in the other case that birth certificates have to include the gay parent

just as the president did with justice neil gorsuch, when there are vacancies, he'll look to somebody who has fidelity to the constitution who doesn't make up the law as they go along. and somebody who has a judicial temperament and a record beyond reproach, as we did with justice gorsuch. we hope the next time we can get more than a handful of democratic senators to vote for our nominees. we would like a lot more cooperation from our democratic friends. we know obstruction and resistance is their motto. it's not working.

. >> we saw again michael, how justice gorsuch is delivering -- how important is gorsuch to the trump>> i think he's very important. member most of us who voted for donald trump, who couldn't stand the ways of donald trump if you will, voted for neil gorsuch so he'll put a conservator on the court and that's what we got. conservators are very happy with their choice for president based on his closure for the supreme court. >> so you said we're happy with the ways donald trump meaning, some of the ways he handled this business but you were in it for what you think you're going to get out of it, someone like a gorsuch? >> absolutely right. many of us sat back and say, why am i going to vote for trump. it came down to i'm going to vote for trump over hillary, because we'd know who she'd put on the court, based on who donald trump would put on the court. you might remember he put out a list of those who in fact were on the top of his list to go to the supreme court. we're able to see that list and make a choice for donald trump for the president of the united states of america. so, if he

gorsuch joined saying the travel ban should be allowed to go into effect in whole, not just this partial remedy the supreme court remedied. i'll read briefly, saying this ruling by the supreme court will cause confusion. justice thomas saying the compromise will burden executive officials with the task of deciding on peril of contempt of court, whether individuals have a significant connection. they split the ruling, but the question remains how do you establish a bona fide relationship with a person or entity in the united states. will this cause, perhaps, more confusion at the borders and more of a headache, perhaps, for immigration officials? kate? >> a lot in there and they haven't heard the case and so many questions. thank you very much. laura, you want to bring you in on this. an important part is the road to the high court and how we got here. that is something you have been covering extensively. how did we get to the white house and where we are today? >> that's right. kate, the president signed the first executive order seven days after he took office. there was a period of cha

here's what said "neil gorsuch is everything liberals feared and more.orsuch reviewed himself to be everything that they had most fear, pro-gun, pro-travel grant, anti-gay, antichurch operation. he certainly more conservative than justice scalia. he's an uncompromising reactionary and an unmitigated disaster for the progressive product team at constitutional project and will likely serve on the court for at least three more decades. this country is in terrible trouble." it's only been a few months, but it sounds like a president made an inspired choice when it short-circuits the progressive constitutional project. whatever that was. that's about it for us tonight. tune in every night at eight for the shows is the sworn enemy of lying and possibly smugness and groupthink. do you get the art if you don't already. we will be back tomorrow,, but first the five from new york city. ♪ >> hello everybody, i'm jesse watters. richard fowler, greg gutfeld, eric bolling, kimberly guilfoyle. it is 9:00 in new york city, and this is "the five." what did he know and wh

just as gorsuch was a big, big deal. gorsuch was a big, big deal.omebody explained it to me beautifully. they said when you pick a supreme court judge, you want great intellect and all of the things, but you also want youth, because they will be there for 40 years. gorsuch, aside from being a brilliant student and person, one of the great legal that exists in our country, probably in the world today, every time you see a decision written over the next 30 or 40 years, and especially if it's a 5-4 decision like perhaps on second amendment or so many other things, you've done something that you can't value. it is so important. think of it. for 30 to 40 years, potentially, you've influenced this country. that justs heard about the most important thing you could do -- i was a defense. but perhaps outside, because we are going to have a strong military and strong defense, and we need it now. but always heard that the most important thing a president can do is pick a great supreme court justice. so i've got one, probably have some more. but it's really imp

could be heard with justice gorsuch on the court. are those cases being considered for next time? guest: we will find out soon enough. thisrospect of the court, will deadlock 4-4. if they deadlock, what they will do is set it down for reargument setting in october so that all nonmembers can hear it. host: they can say they're say they don'ten have to go forward with the decision? guest: last year they went 4-4, they simply affirmed by a divided vote an issue no opinion. that happened in the immigration case. the sheer, since they know they have nine, the usual practice would be to say we will set it down for reargument in the fall .eard unanimousy have been a lot of the time. it turns out that an eight-member court because it does not like to deadline will find some way to find the decision, although it can be so narrow that the litigants don't get much guidance from it. host: eleanor in florida, line for democrats. caller: the lady that called early complaining about voting on tuesday if you were working mother, i have three childre

the group posed for an upd member, neil gorsuch. there was a range of emotions during the picture. some justices laughing. it's the first time we are seeing all of them together since court such -- gorsuch joined the court. it was a picture-perfect day across the dmv, the sun outshining -- out shining , a sign of good things to come as we knock on summer's door. chief meteorologist doug hill is here with a look at our forecast. doug: we are looking live now at the chesapeake bay from chesapeake beach in northern calvert county. a little offshore breeze. ideal fishing conditions. 1-foot waves, and that's it. beautiful thursday. 82 at the noon hour at reagan national airport. 79 in leesburg. adverse -- base andrews. hour-by-hour, temperatures will start to fall. in. high pressure. many areas will wake up tomorrow to temperatures in the 50's. starts7 herndon festival this evening, 6:00 to 10:00 p.m. in downtown herndon. we will drop through the 70's with peers skies and light winds. tomorrow when you get up -- with clear skies and light winds. we will explain the weekend forecast and

if he steps down president trump will get to make a lasting imprint and after selecting your gorsuchor the court shortly after taking office. >> that would be a seismic shift for the supreme court. >> on the other hand he could easily stick around. >> reporter: the big news for the court could be the decision on the controversial temporary travel ban which is against a half dozen mostly muslim countries and asking the higher court to overturn the lower court decisions to put the ban on hold. >> reporter: the newest justice neil gorsuch could play a pivotal role in the decision.>> doug, what is the speculation? could the fact that justice kennedy and president trump sharing the political party be playing into this decision? >> reporter: the thinking is that -- the justices always keep in mind who their possible replacement will be when they decide to step down. it may reflect the comfort in the justices that president trump has indicated he would consider for the post, but we just don't know. we cannot emphasize enough, "if" and if he is considering retiring, and 80 years old and has

"neil gorsuch is everything liberals feared and more.stice gorsuch revealed himself to be everything, pro-gun, pro-travel ban, certainly more conservativ conservative, and possibly to the right of justice thomas. he is an uncompromising reactionary and an unmitigated disaster for the progressive constitutional project that he will likely serve on the court for at least three more decades. this country is in terrible trouble." it's only been a few months, but it sounds like the president has made an inspired choice, one that short-circuits the progressive constitutional project, whatever that was. that is about it for us. tune in every night at eight for the show that as the sworn enemy of lancome pomposity, we will be back tomorrow, but first "the five" from new york city. have a great night. >> hello buddy, i'm jesse watters, greg gutfeld, eric bolling. it is 9:00 in new york city, and this is "the five" ." what did he know and when he know it? that's the question many are asking about president obama after the bombshell report last nig

courts in this land like the newest justice to the supreme court of the united states, justice neil gorsuch. [cheers and applause] and i promise you, president trump will continue to appoint men and women to the courts of this land who will uphold the god-given liberties enshrined in our constitution including the second amendment right to keep and bear arms. [cheers and applause] and, you know, working with my old friend, congressman steve king -- [applause] president trump's been busy securing our borders, ending illegal immigration, removing dangerous criminals off the streets of our cities. in fact, illegal immigration on our southern border is already down more than 60% this year alone. [cheers and applause] and it's going to fall even further, because president donald trump is going to build a wall. [cheers and applause] and working with all these great iowa leaders, president trump has stood,

. >> we know they tried time when neil gorsuch was up and what can they set in motion if anthony kennedy decide to leave this court. we checked with senior legal fellow. the apps is not machine. >> no as long as republicans stick together. if republicans stick together on whoever the president would pick for supreme court then they can get that person on the court. now, there's no doubt the democrats can slow down the process and put out" lot of sound and fury over whoever is chosen for. >> now the problem for the democrats right now is when neil gorsuch was up the republicans mitch mc connell changed rules of the senate. >> not as nuclear as everybody thought. >> they wept nuclear nucleus and now you only need simple majority to nominate a justice which is a supreme court ban. democrats in a bad position if they hope to block any future republican nominees to the court. they don't have a lot of options here. if den di leaves the court president trump will name who he wants. >> republicans made it easier for themselves in the future for sure. >> meanwhile up on capitol hill senate health

-- gorsuch? >> well, i would imagine that president trump is pretty pleased with his nominee at this point. i don't think we should be terribly surprised by it. i mean, i think this is consistent with -- with where he was. look, this is a couple of opinions. we've got to give the guy a chance here. so i think that we should sit back and see sort of how it all plays out. and this is just at the injunction stage. everyone should have expected that justice gorsuch was going to be a conservative judge. i don't think this comes as a surprise. >> justice gorsuch has been on the court for a whopping two months. it's important to let the process -- even in this case which is set for argument in the fall. i did take a position in his confirmation hearings and did support him on the grounds that i was very upset when democrats voted -- republicans voted against our democratic nominee kagan and sotomayor and who i thought would be great. i felt like the same yardstick should be applied to the other side. we

there were three justices who did issue dissets -- gorsuch, alito and thomas, all feeling the supreme court didn't go far enough. the president called today's ruling a clear victory for national security, and he released a statement that said, in part -- my number one responsibility as commander in chief is to keep the american people safe. today's ruling allows me to use an important tool for protecting our nation's homeland. laura jaret is joining us with more on today's ruling. laura, who is and who is not affected by this decision? give us a sense of how many people are affected? >> the bottom line of today's decision all comes down to an individual travelers' connection to the u.s. the court has now fashioned a rule, if you will, that says if you have a bona fide relationship with a person or an entity in the u.s., then you can come into the country. the supreme court tried to give some examples of what this might look like. if you have a family member here in the u.s. or you've been admitted to a university here in the u.s., then you can come into the country, but many questions

recent judge appointed the il gorsuch there in back.also video of the picture as the them, s, all nine of seated, some standing for the photo from the court. neyoungstown, ohio, an independent. hi, sandy. caller: yes, i would like to give the president an a. i think he's doing everything he promised what he was running. problem is congress, the establishment wants to stop him from do whatting he told the he was going to do. paris climate he that is just k redistribution scam. mean, china is still opening up coal plants, but they want to money and tons of india million jobs and can pollute for 20 years, china years, but wer 20 got -- host: sandy, news reports say are closing down their coal plants. caller: that is not what i eard, they are still opening and still allowed to pollute for a certain number of years. ost: let's take that point, it is something the president said yesterday. the "washington post" did fact the president's comments in his speech. china will be able to build coal plants, we can't build plants, but they can, the ag

it's challenging to do so in coming right at the end of the term. >> the three of them went judge gorsuch was seated on the bench. the separation of church and state is one a the other block busters we are talking about this week. what type of consequences come out of that case depending on the way they rule? >> if we are looking at justice gorsuch, how he decides on the travel ban will be the first test of fitness trumps justice whether he rubberstamped that executive order or not. the other important cases people thought he would be influential has to do with a missouri program that would help to resurface playgrounds. so whether or not this church playground could get that same funding. missouri had a strong role between church and state, so they are denying that funding for the playground. after argument, it seems there might be a broader majority in favor of the church. we'll see whether it turns out to be one of these. >> if we have time i definitely want to get to kennedy's retirement. first your response on that particular case. >> that is right. six or seven justices when there's

is thatlearned today justice gorsuch is very conservative.e is aligning so far with justice thomas as much as any other justice. that is a solid core of three conservatives on this issue. and looks like donald trump will start from there. the question is where the chief justice and justice kennedy are. us,: greg store joining bloomberg supreme court reporter. a lot of news today and how much it has impacted the markets, julie hyman is here with the latest. julie: kind of a confusing day to be the honest. bouncing around not just on the macro level but among individual stocks and sectors. right now, the nasdaq slightly lower in the dow and s&p higher by 2/10 of 1%. we do see some lagging in technology today. imap, look at the specifically tech is at the bottom and health care is at the bottom. that has been consistent for the last hour or so. energy has been all over the place today. utilities and telecom stocks leading at the moment. if you look specifically within utilities here today, we have first energy rising. this is the best performer