joining us now, ken paxton. how do you like your chances on monday?i think we have a great case, it's very clear he violated the constitution and this executive action is clearly illegal. >> you challenged the executive order saying he was out of bounds constitutionally. you've won, won, and won again. now you go up to the supreme court, one man down because of the death of justice scalia. how does that affect your chances? >> we're very optimistic. we won at the fifth circuit twice. >> that's a more conservative leaning court. >> yes, but we feel strongly about our chances, because this is such a strong koconstitution argument. >> what happen it is they said with the obama administration, do the executive actions stand? >> if we lost, the injunction would go away and we would have the trial on the merits. >> so if you lose, it just means you'll have to have a trial? >> that's right. >> why do you think he overstepped his bounds? because the administration says prosecutorial discretion, saying we don't have the resources to deport 4 million people. >>

ken paxton is attorney general of texas. >> one person doesn't have the unilateral authority to change the law and make new law. >> reporter: for all the emotion outside the court, the justices focused on that question of power. did the president go too far? they appeared deeply divided. conservatives suggested the program exceeded mr. obama's authority. justice anthony kennedy: "it seems to me that's a legislative, not a executive act." but liberal justices say presidents have long exerciseed discrimination on immigration. ruth bader ginsburg said, "these people are here to stay no matter what." there is also a threshold question of whether the states have legal grounds to sue, and the justices seem divided on that, too. the justices will even decide the underlying issues in this case. we'll know one way or the other by the end of june. >> pelley: jan crawford, thanks very much. still ahead on the "cbs evening news," the rebuilding of baltimore from the ground up after a tragic death. and a boston bombing survivor takes giant strides toward reclaiming her life. like you do sometimes,

here's texas attorney general ken paxton. >> if we allow a president, whether it's this president or a future president no matter what their political persuasion or their party to make changes in the law without congressional approval, then we will end up with a perverted constitution. >> reporter: now, as you know, there is often a great focus on justice anthony kennedy who is often the swing vote and today there was definitely a focus on him and every little word that he said. at one point he talked about the way this was done, and he said it looks as if the executive branch is setting the policy and then hoping congress will then execute or carry it out. he said that's not the way it's supposed to work. the words he used was backwards and upside down. never know how much of a devil's advocate they are playing during argument. interesting words. >> very. how confident are the president's supporters that enough justices will vote his way? >> congress has given the executive branch power and discretion and they can set priorities whether they are looking at deporting people who are v

texas attorney general ken paxton who filed the suit and solicitor general who argued the gays both goecord." attorney general, you were the first to go to court? >> that's right. >> why did you do that? >> well, we were very clear. we believe that the constitution was violated by the president. that he did not have the statutory or constitutional authority to do what he did,s which was create 4 million people here that were unwful lawfully. >> scott, you argued the case today. had you -- it looked like had you some support. justice kennedy said it is if president is defining a policy and congress is executing it it's just upside down. meaning congress should be doing that. >> that's right. that's what this lawsuit has always been about. it's been about the fact that congress gets to set immigration policy but when we are talking about medicare, social security, the earned income tax credit, gun possession, all sorts of benefits that flow from being here lawfully, it's congress' determination who can be in this country lawfully not the president's. >> we understand for the viewers deci

amy: i want to turn to texas attorney general ken paxton speaking after the oral arguments monday before the supreme court. >> today, our solicitor general argued the case strongly for the rule of law. , whetherow a psident it is is presint or fure present, no matter what their political persuasion or their party to make changes in the law without congressiona approval, then we will end up with a perverted constitution. so today, it was a strong day for the constitution defending the rule of law. amy: congressman gutierrez, your response? >> look, the president of the united states is to set the priority. they are here. they did not sue under daca. we can see 750,000 strong today. what a magnificent example of the positive nature of the president's action. the fact is, the american public -- amy, look, the law is on our side. it is clear the law is on our side. the american people are on our side. if they would allow a vote in the house or the senate today, this case would become moot. moreover, five million american citizenship and are on the minds of those supreme court justices. what

ken paxton the attorney general leading this case. we'll see probably the end of june.ou, sir. 17 past. martha: today it's all about new york on the political map. it could be a big day for one donald trump. but the cruz camp says they are in it to win it all the way through july. heidi cruz joins us with their strategy straight ahead. bill: we have life-threatening storms facing texas. >> you just feel helpless. you premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all. sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone. then continue to earn that $100 every year. there's no limit to how much you can earn and this savings applies to every vehicle on your policy. call to learn more. switch to liberty mutual and you could save up to $509. call liberty mutu

raul: cuidado con las llamadas, el procurador ken paxton, de que unas personas pueden recibir una llamadaosos del zoolÓgico de houston pronto se va a montar a una casa mÁs espaciosa. blanco, se llama. alan: bien bonito. raÚl: que bonito, blanco cuyo nombre hace honor a su color, estarÁ en la carretera 288, el reptil ha estado en exhibiciÓn desde el zoolÓgico de houston desde 1992 cuando llegÓ al houston, fue uno de los 18 pequeÑos lagartos nacidos en 1987 fue la de luisiana, quÉ bonito! alan: se ve que ya estÁ grandecito, de repente, en florida te da miedo, yo conozco uno de esos aquÍ, son gigantescos, se ven impresionantes, son hermosos pero creo que ya estÁ crecido y por eso lo van a mover, para cuidarlo. alejandro: es una increÍble atracciÓn para los niÑos y toda la familia, raÚl, pero ahora queremos alegrarnos con un chiste tuyo. alan: pero uno bueno, no como los de ana. raÚl: no como los de ana. la la carta tronÓ con su novio el lagarto ¿saben quÉ le dijo cuando ya se iba? que seas feliz, feliz, es todo lo que pido. alan: quÉ mala onda. ¿cÓmo estÁ la banda pesada alrededor tuyo? raÚl

so joining us now is texas attorney general ken paxton, leading the charge in this case. mr.reat to be here. thanks for having me on. >> you're leading these 26 states. >> violated the constitution that his job is enforce the law under article 3 section 2 of the constitution and congress' duty to pass lawed. he said he didn't have the ability to change the law, not a king, up to congress to change law and then in november of 2014 he came out and said i'm thing that r changing the law. >> correct me if i'm wrong. part of what you're fighting is the president's plan to give 500,000 illegal immigrants drivers' licenses in texas. saying it would hurt your state and cost money. how? >> texas has a two-year legislative cycle and they budget for everything. drivers' licenses, this new executive action increase the drivers' licenses costs issued in texas. not accounted for in our budget. 2340 o no one voted for it. it's not accounted for in our budget. >> but president obama, his plan would also give undocumented workers work permits and thereby would make them pay taxes. so people w