. >> joining me now, david leopold. david, okay, so let's try that first.ooking at the number of years that justice kennedy has been on the supreme court, right, and he's at 29. he's above, if you will, the medium by four, five, six years. does that mean most likely he would be the first to retire? >> no. i don't think so. his health is good, you know, and, richard, he's at the pinnacle of his power. he is the court in a lot of ways. he is the pivotal vote on that court. he's the swing vote. he wrote some extremely important decisions. he's upheld the core meaning of roe v. wade over the years, and he's gone the other way on some other cases. citizens united comes to mind first. so he's at the pinnacle of his power. my understanding is he's in good health, but i'll tell you what the real concern i do have here, and that is this. we're going to talk a little about the travel ban, i know, but we see that the courts in this country right now under this trump administration are the first line and the last line of defense at the constitution. congress is not rea