neil gorsuch: ok. so that's the nature of the proceeding. so we've got a. frederick liu: sure. neil gorsuch: we've got to have that. how about the legal authority -- frederick liu: yes. neil gorsuch: -- got to have that? frederick liu: yes, and c and d. neil gorsuch: ok. and how about c and d? frederick liu: c and d. neil gorsuch: so it's only the date and time that we don't have to have. everything else is good. frederick liu: no, no, no, e through g. neil gorsuch: e through g, no, none of those? frederick liu: no, because those have to do with the mechanics of subsequent proceedings. the reason why a through d are essential is because a through d are about -- neil gorsuch: so you'd don't need to tell them they need counsel, for example. frederick liu: no. neil gorsuch: ok. frederick liu: because that -- that's an advisal about the mechanics of future proceedings. what's special about a and d isn't that they're labeled a and d in the statute, but because they happen to be the essential function of a c

process like he had the first time, engages in a lot of advice and picks a great nominee like neil gorsuch. if he uses the gorsuch model i

to the same list neil gorsuch came from? >> the federalist society list, these are people with strong conservative bends and also people who believe in stare decisis. you will get justices who say if i were there when roe versus wade was decided, i wouldn't be there. >> pick a highly qualified person not based on agendas but pick someone who will go down in history as one of the great justices. trish: would that make president trump a great president? >> it would contribute to his legacy considerably. trish: do you think -- do you anticipate others? he's had the opportunity to do two? >> with this we may see the older justices say we've given up, we're not going to win, might as well retire. wouldn't surprise me if justice ginsburg retired after this appointment. she she'd wait to see who is appointed. >> wow. let me jump in and ask why would she do that? some ways i would think she feels it is more important for her to be on the bench? >> she doesn't want to spend the rest of her life dissenting. if she can make a differenc

but it wasn't reasonable for neil gorsuch. and it was one of the biggest strategic political errors in our lifetime was the democrats knowing full well that to priest the please their base as they during that spat, that they were going to lose the filibuster and now the swing vote of the court is not filibusterable. and this -- i do believe this appointment will go through before the election. and if you are joe manchin, or john tester or heidi heitkamp or john donnelly, this is a hard vote. do you vote to please your trump voters or do you vote to please your base. and that is a really tough line for them to walk. it is not a tough line on the republican side. >> that is a very good point. i think sometimes we talk about supreme court too much in abstractions, about dignity and who is qualified and who is not. let's talk facts. let's talk about what america is going to be like that is different. you are going to see 20 states pass laws banning abortion outright. just banning abortion. because they know that there are now goin

neil gorsuch didn't have a record on a lot of those issues. they may want somebody that doesn't have a paper trail but are convinced from association, from their general record is a reliable conservative. i don't think it will be a surprise. i think whoever it is just as conservative as neil gorsuch and just as helpful to donald trump giving him a conservative majority on the supreme court. >> dana: john roberts has sent me the list just so i have it here. i remember a lot of these names from the last time around. i have to tell you, i haven't thought about it until this past week. thinking oh, will kennedy or will he not. maybe a last thought, chris, about how every president's legacy can be shaped by a supreme court decision. certainly for george w. bush with john roberts and justice alito, those were two confirmations that the president could look back on and say those were accomplishments for my administration. i know that president obama bitterly disappointed in how merrick garland was treated and didn't even have a chance for a vote. now

i think we saw that with neil gorsuch. gore such oig is gorsuch is alley lied with justice thomas on the most right ward part of the supreme court. and that's what we'll get. you look at the 25 names on his list, that's what we'll get. you know, there is sort of this mythology that has arisen around justice kennedy that he is a moderate. he is not really a moderate. i mean he has been a conservative in almost every area. remember, he was one of the votes in bush v gore that made george bush president. he is the author of citizens united which is the decision that has basically opened the door too deregulating all of american politics. it is true he has been a stalwart defender of gay rights. he has voted in favor of roe v. wade. he has defended affirmative action for african-americans in certain circumstances. but if you take those three areas away, and to a certain extent the death penalty, he is a conservative justice. and i think he saw that elections have consequences. donald trump will be president for quite a while l

neil: that is crucial. >> it is. you want to think -- my guess on that list are people that are smart. justice gorsuch is a conservative. he's clearly very intelligent. he's already surprised in one or two decisions. >> neil: he has. >> he hasn't gone -- i would say that justice kennedy was seen as a swing vote on the court. >> neil: he didn't get that in the beginning. >> that's right. right now the most likely to be be the swing vote, the lawyers will focus on in their arguments is chief justice roberts. >> neil: that's right. >> he's very smart. i would say he's conservative but open-minded. remember, he cost the deciding vote to uphold obamacare in two separate decisions. >> neil: alienated the entire conservative community. >> i don't think he wants the roberts court to be seen as a reflexability conservative court. >> neil: did you go through the questioning process with souter with the first president bush? >> i did. >> neil: he was touted as conservative as they get. he was anything but. i'm not saying he was a wild liberal. but he was not what they thought. did you have a sense of that? did y

i don't know if i can put a percentage on it. >> just look at how neil gorsuch is voting. he is well more conservative than antonin scalia. voting with clarence thomas more than any other justice. it is a different world now. steven could not be more right where he says this justice will reflect donald trump's view and his political positions. all i'm trying to do is put substance onto those words, which is talk about what those views are on the death penalty, on affirmative action. the university of texas will have fewer black people soon because they are going to end affirmative action in -- it will be declared unconstitutional. the university of texas has tried to foster diversity. there have been a number of lawsuits about it. justice kennedy was the swing vote saying the diversity program at the university of texas was constitutional. he's going to leave. they're going to bring in someone who will vote like gorsuch and like clarence thomas, and there will be fewer black students at the university of texas. that's just part of what this decision means. >> steven, part

chris, we had a supreme court fight last year over neil gorsuch and in the 2016 campaign as well over merrick garland. the filibuster's gone now, though politically this seems like it is going to be a more intense fight we are in store for. >> i don't think the democrats should allow even meetings to occur with trump's nominee to fill this vacancy by justice kennedy. i think they have to fight eye for an eye for what happened in '16 where the republicans, led by mitch mcconnell, refused to even consider or even meet with merrick garland. i think if the democratic leadership under schumer allows this to go forward, they're going to have a huge problem with the democratic base. we saw joe crowley get beaten up in new york, up in queens yesterday. you can tell that this leadership will be to the tott edge if they allow this to proceed. there is no way politically the democratic base will stand for any kind of hearings or vote on a trump nominee for the supreme court before the election. we've got an election in 4 1/2 months. there's no reason to consider a replacement on the supreme cour

neil gorsuch got three senate democrats who supported his confirmation. those individuals are still in the senate. we are not assuming it will be a straight party line vote. in the nominee -- we don't have a nominee yet. it is easier to talk about it once you do. >> reporter: the nominee you shepherded through, the left is upset talking about the fact you held open the late justice scalia's seat for nearly a year and neil gorsuch was there for some important 5-for decisions closing out this term including the travel ban which was decided in the president's favor coming of the union dues case which was decided in favor of those who think you shouldn't be forced to pay union dues, interesting tweets from your twitter account, one of them nothing but a picture of you shaking neil gorsuch's hand and the other looks like a dance party involving you. is this world-class trolling by folks who are not enjoying what is happening in the supreme court? >> obviously i'm pleased with the president's nomination of neil gorsuch and we are happy he is similar to justice

not least among them is justice neil gorsuch, a former kennedy clerk. and now serves as his equal on the supreme court. with his one time pupil now working alongside him, with dozens of former clerks now serving in the federal bench, justice kennedy leaves behind a legal legacy that is almost without equal. although he will be stepping down next month. his influence on our judicial system will be felt for generations to come. with justice kennedy's impending retirement, the responsibility now falls on us to confirm an able replacement. in the coming weeks, the president will announce his nominee to fill justice kennedy's seat. in doing so, he will seek the advice and consent of the senate. a process that entails confirmation hearings and extended hours of debate to fully vet the qualifications of the president's nominee. the questions we should ask during this confirmation hearing should focus solely on the judge's qualifications. does he or she have the requisite experience to adjudicate wisely from the bench? does he or she understand the proper role

and they need to confirm the last vote over justice neil gorsuch broke down along party lines. 54-45.s were required to proceed to a final vote on the supreme court nominee but they changed that vote to invoke the nuclear option requiring 51 votes for cabinet officials and judges except for supreme court justices and he said you will regret it and maybe sooner than you think and when republicans were back in the majority, they lowered the vote threshold to 51 votes for supreme court justices as well. let's bring in phil manningly. do you know if mcconnell is even considering listening to schumer to wait until after the election. >> i appreciate your chuckle. the short answer is no. he made that statement on the senate floor a short while ago saying there will be a vote in the fall and they expect to have hearings after a selection is made and it is worth noting, the senate majority leader is high on the 25 individuals that are on president trump's list that he said he would pick from. most interesting from the republican side of things in terms of what will happen next, i have one top

>> i think you'll see a justice like neil gorsuch. >> reporter: this week, neil gorsuch, the president's first pick, cast a key vote upholding the trump travel ban. now the president will choose the replacement for gorsuch's mentor, that man in the middle on whom so much has been riding for so long. for "nightline," i'm terry moran in washington, d.c. >>> next, the advances in drone technology that are now saving lives. i thought i was managing my moderate to severe crohn's disease. then i realized something was missing... me. my symptoms were keeping me from being there. so, i talked to my doctor and learned humira is for people who still have symptoms of crohn's disease after trying other medications. and the majority of people on humira saw significant symptom relief and many achieved remission in as little as 4 weeks. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failu

as a legal practitioner who have this kennedy seat filled by let's just say another version of neil gorsuch? >> i think the different between the gorsuch appointment which was replacing a conservative with a conservative, is this is replacing a person who actually listened to arguments on both sides and who was a centrist in a way, not as much of a centrist as he is known as because he's done a lot of decisions that i would consider to be bad, hobby lobby, gore versus bush, many others, some of the gerrymandering cases, some of the voting rights cases, but he was more of a person who was known at least as a decisive factor in the 5-4 decisions. so it's much more important that the democrats stand up and be strong and that some republicans join in and say that we need to have someone who will listen to the arguments, as a practitioner we want to have an open-minded judge, who will listen to the arguments put forth and will make a sound decision on it. and that's what i'm afraid of. i am so worried about democracy and all the rights that we've come to take for granted, that i've grown up with

democrats tried to retaliating with a filibuster to neil gorsuch but it backfired and prompted mcconnell to change the rules of the senate which means the next nominee only needs 51 votes to be confirmed. trump often said putting gorsuch on the court is the biggest achievement since taking office. >> i've always felt that after the defense of our nation, the most important decision a president of the united states can make is the appointment of a supreme court justice. depending on their age, a justice can be active for 50 years and his or her decisions can last a century or more and can often be permanent. >> reporter: and that is one of the central reasons the permanent nature of the supreme court post and the possibility of appointing a young nominee like neil gorsuch is why senate democrats are urging a delay on this. chuck schumer called this a once in a generation at least decision. he is calling for this to be a vote to be held after the mid-term elections. democrats think the senate is in play. and they argue with a third of the senate up for races this fall, they should wait unt

. >> reporter: to nominate a constitutional conservative likely similar to his first pick, neil gorsuch and the shortlist is not so short, 25 names on this list including finalists from last time, william pryor and thomas hardiman, including utah sen. mike lee, some being touted as frontrunners, whoever it is, mitch mcconnell says he would like to see a vote soon. >> the senate stands ready to fulfill its constitutional role. we will vote to confirm justice kennedy's successor this fall. >> reporter: democrats want to hold mcconnell to the same standard he applied in 2016 when he refused to bring obama's pick merrick garland to the floor. >> our republican colleagues in the senate should follow the they set in 2016 not to consider a supreme court justice in an election year. >> reporter: the impact of justice kennedy's role cannot be overstated voting just this week, the majority 5-4 on the travel ban and public-sector unions, leave behind a legacy as a champion on abortion and gay rights. and your summer plans a very heated and contentious confirmation battle. rob: we will dive deeper

neil gorsuch was the first pick and he made that pick thank to mc connell. barack obama wnd president nominated marit gar land to hll street. senate majority would want to watch. a new justice should not take plac during mid election year. >> we will vote to confirm justice kennedy successor this fall i have every confidence in onairmangras grassly's cct of upcoming process and judiciary committee it's imperative the nominee be considered fairly and not subjected to personal attacks. >> so depend howo youhink maret c land. >> chuck shumer sd they should not consider it because ctit'sion year. yes, it is. midterman election senate. third seats of senate in house and entire house up in november. when chuck shumer said today nobody reminded him when into high that wasated amaa election and democra lost badly in novemb. i was -- that's politics. meanwhile whoever he chooses will be on the court. >> we have aick a great one that will be there who years y ears. we need intellect. we need so many things. there's so much that goes into making of supreme court justic

the so-called nuclear option, to get president trump's pick, neil gorsuch, confirmed with a simple majority vote. the republican majority is even slimmer now, and tonight, the pressure on these three democrats is enormous. they defied their party and voted for gorsuch, and now, they are all up for re-election in states that trump won big. >> all right, so, let's get to jon karl, with us live tonight from the white house. and jon, as you just reported there, the president has a list of 25 possible nominees now. when is he expected to make this decision and i gather it will come pretty quickly? >> reporter: david, i expect this decision could come within the next few weeks, if not sooner. and this list is the reason why he can do it so quickly. his list of 25 conservatives that he says he will choose from. these are people who have already gone through a vetting process, in fact, he has already interviewed a couple of them back when he decided last year to pick neil gorsuch. he wants to do this quickly, because he wants to get his nominee confirmed before the midterm elections. >> all right,

that's how neil gorsuch got that seat, which is totally unprecedented in the history of the court. the gorsuch example, though, is now the new precedent for how the u.s. will handle vacancies on the court. it means that if and when democrats take back control of the u.s. senate, they, too, will not allow any seat on the court to be filled until a president of their party is in office to make a new supreme court nomination. that's the new precedent now because of senate republicans and what they did to give neil gorsuch his seat. the gorsuch seat. what republicans did to give him that seat, to deprive president obama the opportunity to nominate his own candidate, that is the reality of how the court will be treated from here on out. with all these quite aged justices and the government hell-bent on taking back both houses of congress because they can, we're on a cusp of a strange new era of constitutional governance in this country. you should know in the short term tomorrow, there is likely to be another blockbuster conservative ruling that is likely to gut union rights in this coun

the republicans say it's so important what neil gorsuch did, and no the party is breaking down on party lines. >>> let's get more reaction. give me the reaction from the supreme court, congressman? as long as he puts a thin veneer of security, they will buy it, as long as the pig has some lipstick on it, it's fine. that is what they have said. all i can say is the people who believe in dignity of all people, who believe in freedom of faith, freedom of religion in america, we're not going to stop fighting. in fact this will enliven us, inspire us to push even further and harder to establish the dignity of all people in this country. we're not daunted here. we're going to keep on pressing. it just proves one thing, if you steal and rip off a supreme court justice, then you can try to jam any kind of nasty racist ugly policy you can down the throats of the american people. >> wow i realize we're not taking it. that's what i feel. >> congressman, that is -- you are really upset about this. >> let me -- let me tell you this. our country has gone through some ugly days. i mean, the supreme co

we've had the nuclear option with neil gorsuch. the senate majority leader. mitch mcconnell for the first time in history said it only took 51 votes to get a supreme court nominee through. they have 50 votes and mike pence. that gives them 51. so if they hold together, they can ram this through without a democratic vote. democrats can huff and puff all they want and they'll be very unhappy. there's a lot of issues where justice kennedy sided with the liberal side, the democratic side. not the conservative republican side. you know, that was a reason this was a big issue in the last election. donald trump won. he will probably get a conservative justice on the supreme court, which will make it a solid 5-4 majority. not a swing vote. a solid 5-4 majority, this is the biggest moment of the president presidency so far. >> shepard: is there a chance in your mind -- can you come up with a way that if democrats work very hard and the president's detractors try all they will that they could delay this until after the mid-terms or is that not going to happen? >> no. f

neil gorsuch is that fifth vote. >> thank you so much for joining us.lways good having you here. >>> just ahead, more on justice kennedy's retirement and what it means for the u.s. supreme court, for president trump and for the nation. >>> and the trump/putin summit gets the green light. incomparable performance cars cannot be rushed. they must be painstakingly crafted. out of titanium, aluminum, and high tensile steel. hand-built by masters, scrutinized by experts, and tested... ...relentlessly. the lexus high performance line. experience exhilaration crafted to the extreme. experience amazing at your lexus dealer. -i think it'll look really: good without the stripes. whatever your home may hand you, behr through it, in one coat. behr marquee, #1 rated interior paint. find it exclusively at the home depot. ♪ (daniel jacob) for every hour that you're idling in your car, you're sending about half a gallon of gasoline up in the air. that amounts to about 10 pounds of carbon dioxide every week (malo hutson) growth is good, but when it starts impacting our

. >>> he is going to appoint justices like neil gorsuch and whoever this turns out to be who will overturn roe versus wade. >> that will happen automatically in my opinion because i am putting pro-life justices on the court. [ chants ] . >>> i wanted to show support for the folks here today. i can only imagine what it could be like to have my daughter, my breast-feeding child, be ripped away like some of these other moms' babies have been. >> i think we can do a real immigration bill. we have to have security. >> i have to look after my people, as well. you understand. >> i agree. i agree. >> it amazes me since he's talked to me well over 20 times that he did not recognize that a stutter i stuttering genre. >> this is "new day weekend" with victor blackwell and christi paul. >> good morning to you. it may be one of the most important decisions of the trump presidency. this is the second supreme court pick in less than two years. this time with the potential to alter the balance of the court for a generation. >> this weekend president trump could be joined at his new jersey golf club by one

we saw that in neil gorsuch and i think that the president nominates another individual like neil gorsuche will see is widespread public support and i would say also probably bipartisan support in the senate to some extent as we did with justice gorsuch. >> sean: leonard leo, you may be more optimistic than me. i just look look at the democrc party today and i -- i think basically, unless you are a saint, and you've never written on the law at all, if you have any judicial philosophy, we know what they want to do. and that is bork somebody. i want to go deeper, jay come into the idea. this is important for people to understand. the president does not believe in judicial activism, he believes in separation of powers, believes in coequal branches of government, does not believe in citing foreign law. they believe in the constitution. he believes that justices should not legislate from the bench, that is for the legislative body to do. >> caller: that's right. here -- you mentioned the foreign law application. i litigate in courts in other countries. i've litigated cases in the european cour

that trump has already kept his commitment to that list of 25 conservative choices by elevating neil gorsuch to the supreme court and that he should extend his search beyond that list. a very interesting comment there. so given that, what you're hearing from republicans, the president is also starting to put the pressure on democrats, specifically potentially flipable senators from red states that went for trump. joe manchin, joe donnelly, heidi heitkamp in particular, heitkamp getting some treatment from the president when he visited her home state earlier this week. >> we need kevin cramer to replace liberal democrat heidi heitkamp in the senate. heidi voted no on our massive tax cuts for north dakota families. she voted no. heidi voted no on legislation to stop late-term abortions. you need a senator who doesn't just talk like they're from north dakota. but votes like they're from north dakota. >> so will the president need those democrats? will he lose votes from his own party given those questions? our big question today -- would collins and murkowski actually break with the president o

who knows. >> to be clear, phil rucker, heitkamp did vote for neil gorsuch. but the president is going out here targeting these. on the republican side, jeff flake, susan collins as well as lisa murkowski on the democratic side. we just showed them there. red state democrats. what does the president do? what does the white house do? it's my reporting they haven't done a ton on the actual pick side. >> yeah, well, they can't do much outreach to convince senators to vote for this pick until they have a pick. so they're going to want to vet these potential nominees. and trump's going to want to meet with them. i think one important factor and you know this based on all the appointments to nominations trump has made before, he values personal chemistry. he's going to want to have the finalists come in to sit down with them. he's going to want to feel like he can connect with this person. like this person is going to be loyal in some way to him. at least he's comfortable with the person. that's going to matter. then they're going to put a lot of pressure on heidi

whom all republican senators recognize as very suitable for confirmation just as they did with neil gorsuch all right. thank you very much. good seeing you, ed whalen, former law clerk to justice antonin scalia. all right, that was an interesting pick at the time when we got to neil gorsuch because it was swapping out a conservative for conservative. in this case it's putting in a conservative for someone who was a balancing or tiebreaker, so that's why it's added importance here. we're on top of that added importance and the meaning of it, after this. six in the morning. she thought it was a fire. it was worse. a sinkhole opened up under our museum. eight priceless corvettes had plunged into it. chubb was there within hours. they helped make sure it was safe. we had everyone we needed to get our museum back up and running, and we opened the next day. jardiance asked: when it comes to managing your type 2 diabetes, what matters to you? you got a1c, heart, diet, and exercise. slide 'em up or slide 'em down. so let's see. for most of you, it's lower a1c. but only a few of you are thinking abo

. >> what we are essentially saying is that the appointment of neil gorsuch pays dividends to the conservative right and this administration. >> reporter: she said this ruling might be used in other contexts, and she says she will keep fighting. >> we will ntinue to fight to protect a woman's right to choose, to end the lies that are being perpetrated by these fake health centers. >> he says he will look at legal and legislative options to look at what is needed to move forward, and the attorney general, and the state says that it was unfortunate, but they will work to make sure that all californians receive accurate information. >> thank you.>>> they used crowbars to geinto homes, than they were confronted by the homeowners. still to come, the video police are hoping will lead to arrest. >>> reunited migrant children with parents, what is going to take to make it happen.>>> london breed was elected mayor, the board of supervisors is expected to elect a new president, the changing power dynamic at san francisco's city hall. >>> we are tracking the temperatures, a little cool off the next coupl

after mcconnell blocked president obama's nominee from getting a vote. >> neil gorsuch was an outstanding appointment. >> reporter: president trump trying to parley the court's endorsement into a wider crackdown on illegal immigration. >> what we'ras republicans i can tell you is strong borders, no crime. what the democrats are looking at is open borders, which will bring tremendous crime. >> reporter: that controversial stance igniting a fierce backlash and confrontations. >> why don't you leave my husband alone? >> reporter: transportation secretary elaine chao with husband mitch mcconnell challenged by protesters monday. and that's the latest example of these heated confrontations between protesters and top trump administration officials and new lls c news the now be protected by the secret service. lester? >> peter alexander at the white house, thank you. >>> let's drill down now on this growing disconnect over the separation of those migrant families while washington says one thing, undocumented parents trying to find their kids are often finding a different reality as they battle re

it also goes to show how important neil gorsuch's appointment has been. something that the president as a candidate ran on, that he would be able to appoint a supreme court justice, a lot of voters like that, and they voted for him as a result and it goes to show the power of mitch mcconnell in basically rejecting obama's power to put merrick garland on the court. he's been tweeting a lot this morning about a separate issue. we'll see what tweets about this and how he conflats this decision with the on going conversation about immigration. it is a conversation he has tried to talk about in terms of a national security threat and we'll see what this means in terms of what he says. >> 5-4 decision, john. pretty much along the way everybody expected, there was some wonder would justice kennedy swing one way or the other way, he went with the majority, shows how significant the supreme court justices are. >> it does, it is a victory for the president, again, also a reminder of the sloppy some would say keystone cop way, the way version one was handled. becaus

look at neil gorsuch.eally think that opening, as , wasf a loss as it w giant in constitutional representation on theupme court. people actually interpret the constitution and not try to write their own law. the fact that the opening was there and the country knew you were not only electing a president but somebody who will anotherpe the court for generation. nobody needed to ask hillary clinton what her list was going to be. donald trump out a list, either way. he was criticized by some for doing it. that move alone helped enough swing voters to make a decision that understood what that opening meant, and they looked at donald trump's list. neil gorsuch was probably the best on that list. there were others that were great on that list. maybe we will sue -- see a few more before he is done. hillary clinton was never asked by the media what her list was because you didn't have to pay you know what her philosophy was very seeing scott pruitt here who is a great friend and champion and getting this economy on

. >> mitch mcconnell's campaign trolling political opponents by posting this photo with neil gorsuch,he conservative justice picked by president trump. >> neil gorsuch was an outstanding appointment. >> reporter: president trump trying to parlay the court's endorsement into a wider crackdown on illegal immigration. >> what we're looking for as republicans, i can tell you, is strong borders, no crime. what the democrats are looking at is open which will bring tremendous crime. >> reporter: that controversial stance igniting a fierce backlash and confrontations. >> why don't you leave my husbandalone. >> reporter: transportation secretary elaine chao with husband mitch mcconnell challenged by protesters monday. >> how do you sleep at night? >> reporter: that's just the latest example of these heated confrontations between protesters and top administration officials. new this morning, a law enforcement official tells nbc news the home of press secretary sarah sanders will now be protected by the secret service. >> peter, thank you. >>> and now to a disturbing story out of new jersey. pol

>> we did that with the supreme court, neil gorsuch. would argue this is national security at stake. not only drug cartels, opioids and also to terrorists. we stopped 10 terrorists every day from getting into this country. i look at it from a national security standpoint and it should be a bipartisan issue. if not, the senate has a traditional rule. i think they should waive it on the basis of national security to protect the american people. >>chris: let's turn to the president's executive order this week. and the confusion that it has sewn at the border. here's what the president said. >> we are keeping families together and this will solve that problem. at the same time, we are keeping a very powerful border. it continues to be a zero-tolerance. >>chris: as chairman of house homeland security, can you sit here and tell me right now, do you know when those 2000 children who are still separated from their families will be reunited with their parents? >> i applaud the president for reversing course on this issue. those children were sen

neil gorsuch was a superb choice. we cemented that for very long time., instead we have somebody in that seat was a worthy successor to the intellectual godfather of what most of us believe a judge ought to be. that is someone who interprets or asw as it is written, the constitution dictates. rather than how you wanted to come out. out.nt it to come my favorite saying from justice scalia isn't your not a very good judge if you are not occasionally disappointed in the outcome you reach. because it was dictated by the law. run, if you want to make policy, run for office. a simple declaratory point. scaliarers of justice are all over the country now. we have been seeing them as the president sends up circuit judges. beenthat we have confirming in record numbers. since the creation of the modern circuit court system, one step that the supreme court, system is set up in 1891. no president since 1891 has had more circuit judges confirmed the donald trump last year. no president. [applause] sen. mcconnell: now, we are up to 21 and let me put the 21 figure in co

and i'm very proud of neil gorsuch. he has been outstanding. his opinions are, you know, so well written. so brilliant. and i'm going to try and do something like that. but i don't think i'm going to be so specific. >> jeanine: joining me now with reaction, former obama economic adviser austan goolsbee. and fox news contributors deroy murdoch and robert jeffress. i'll start with you, pastor. right now, the right, of course, is looking for the president to appoint someone who is pro life. the president has indicated in the preview that he is not going to ask that direct question. what do you think the president is going to ask as it relates to whether or not a person is pro-life? >> well, the president is exactly right not to ask a specific question about roe v. wade. and judge, he doesn't need to. here is why. it's the philosophy of this justice that really counts. you know for the last 50 years the only way liberals have been able to enact their agenda is through the judiciary having justices who create imaginary rights for some americans whil

they're pro abortion rights, but they did vote to confirm the president's last nominee, justice neil gorsuchpresident met with three red stated democrats facing tough races for re-election and they voted for justice gorsuch. blake burman was told the president wants to move quickly on selecting a nominee and they did not push back on reports that he could announce his pick before july 10. that's when he's set to leave for his summit with vladimir putin. let's bring in alexi, a political reporter for axios. looks like the president has done the math. he knows john mccain is being treated for brain cancer. his margins in the senate are thin. if you're going to get murkowski and collins on board, you don't want to talk about roe v. wade going away. >> the president said he would ask this justice nominee whether or not he would overturn roe v. wade, that would dominate the headlines. his critics would talk about nothing else. the underlying fact is he wants to elect a pro life justice, something that is conservative. he said that before he was elected president. it's clear that he wants to move

both pro-choice, both sending signals that this may be different than last year's battle over neil gorsuch where they voted to confirm gorsuch. indicating maybe the issue of roe v. wade could be preeminent in their considerations on this. it's a big if. would they go to the lengths of voting no, joining with democrats trying to stop a trump pick? they've sent signals that have people talking about it. if you start at 50 for republicans and lose collins and murkowski, that's an ugly four but you're down to 48 for the republicans and then you would be short. remember, we're talking about democrats here, too. a lot of democrats running for reelection this year in states donald trump carried in 2016, some by giant margins. so manchin, west virginia. up for reelection, trump won by 42. heitkamp in north dakota, trump took it by 36. donnelly in indiana, trump took it by 20. donnelly, heitkamp, manchin, they voted for neil gorsuch last year, they're vasing voters in these states so if you had 48 and you got these three, that puts you at 51. we mentioned by the way he's not up but doug jones in al

however, all of them were yes votes on neil gorsuch last year.nd democrats have to worry about their own. joe manchin, running for re-election in state donald trump won by 42 points. heitkamp, 36, joe in a state where trump won by 20. do they want to side with the democrats and blockade a nominee of this administration? that's a tough sell. that's the mathematical reality if they want to try to beat the nominee. we will see who president trump nominates and then come back and visit it then. >>> up next, what democrats plan to do to try to keep the president from move the court to the right. pain talk to your doctor and say yesss! to linzess. ♪ yesss! linzess treats adults with ibs with constipation or chronic constipation. linzess can help relieve your belly pain, and lets you have more frequent and complete bowel movements. linzess is not a laxative. it works differently to help you get ahead of your recurring constipation and belly pain. do not give linzess to children less than 6, and it should not be given to children 6 to less than 18. it ma

he's been through this process before with neil gorsuch. it's clear he like other presidents wants to make that personal assessment. people in the process say he's looking not just for intellect, but toughness. >> terry, a comedian claiming he called the white house posing as a senator, congressman menendez and said he convinced them to get the president to call him back from air force one. >> that's right. the white house is not confirming this. we called senator menendez and they say the white house called and asked why senator menendez called. it was a comedian who was able to have a conversation with president trump. the president talking about possible deals on immigration, not too shocking. had he managed, under the impression he was talking to a united states senator, this would have been a real security breach. while they aren't confirming it, it's something that could be a problem going forward unless they clean up their system. >> terry moran, thank you. we'll turn to the cell phone video causing outrage showing a police officer t

a lot like neil gorsuch, tucker. >> tucker: so if you are following this at home, who else should youing up on wikipedia right now? >> well, look, the president came up with this great idea. one of the most transparent things we have ever seen in judicial selection. which is to put out a list of all the people from which he picked. there are 25 on there, which is a lot of people. >> tucker: right. >> you should be looking at people like belt cavanaugh and amy -- bret cavanaugh, amy barrett and tom hardiman, a judge from pennsylvania. ray ketledge from michigan. joan larson is out from women. allison another ives -- allison ives. they understand that the court has a duty to enforce the limits on government power and to interpret the constitution according to the text and the original meaning. they really believe in the rule of law. and this is a tremendous opportunity for the president to pick another justice like neil gorsuch who is extraordinarily well-qualified. very courageous and independent. and who wants to interpret the constitution the way the framers meant it to be. >> tucker

and this is a tremendous opportunity for the president to pick another justice likeun neil gorsuch whoinarily well-qualified. very courageous and independent.-q and who wants to interpret the constitution the way the framers meant it to be. >> tucker: can democrats stop this? can you imagine a scenario where they could? b >> i think if the president has a process like he had the first time, engages in a lot of advice and picks a great nominee like neil gorsuch. if he uses the gorsuch model i think it's impossible for the democrats to really stop him. >> tucker: can you imagine -- i think gorsuch got a couple of democratic votes. can you imagine that happening this time? or have things changed too much? >> i think so, tucker. again, if you pick someone who is extraordinary and someone who does just believe of interpreting the laws that is written, that is what garners widespread public support. i think it's particularly hard in an election year like this one for moderate democrats to resist a nominee who is so talented and who is so committed to being a fair arbiter in court. >> tucker:

that seat was killed by donald trump's pick, neil gorsuch, after the 2016 election.ustice kennedy, judicial analyst judge andrew napolitano says the president is looking for a key characteristic, humility. >> they all believe in judicial humility which is the recognition that the judiciary is the third branch of government, the presidency and congress are more important, they set public policy, it is not a job of judges to set public policy but to interpret the law and apply the constitution to the laws of congress is written, a difference to the primacy of the other branches and i can tell you now the teams of people working for him are reviewing the judicial decisions of those 25 on the list looking for judicial humility. heather: there are 25 on the list of nominees, justice kennedy will serve until july 21st. they will see how quickly they can get that done. watch organizers calling for a day of unrest today targeting the 0-tolerance policy on immigration. >> good to see you. this is in the wake of several incidents of harassment, and more disruption to demand co

a strong gun rights supporters, he was said to be runner-up last year when trump picked neil gorsuch. judge brett kavanaugh of washington d.c., also 52, and like gorsuch, also a former clerk to justice kennedy. he worked in the george w. bush white house. and judge amy coney barrett of chicago, 46, a former clerk to the late justice antonin scalia. she's criticized roe versus wade and is a mom of seven children, including a special needs child and two children adopted from haiti. democrats, outnumbered, are already trying to stop any vote, echoing the argument republicans used when they blocked president obama's nominee, merrick garland, in an election year. senator tammy duckworth of illinois tweeting, "the american people should have a voice in the selection of their next supreme court justice." but there's a big difference. republicans had the votes to block garland. democrats are in the minority now. >> we will vote to confirm justice kennedy's successor this fall. >> reporter: but for every senator, this will be a monumental vote. perhaps the biggest issue, the right to choose ab

, but neil gorsuch, his confirmation hearing said roe v. wade is settled law what do you take from that answer, jeff? >> well, he also spoke about that on the plane on friday night. and basically said that that's not -- it is inappropriate to ask a specific question like that, but he answered similarly to the way that he did to maria in saying that his slate of potential candidates are all conservative. so i think that's sort of a message to conservative voters out there who oppose roe versus wade, that he will be choosing someone who is in line with them in terms of their values and in terms of, you know, what they would like to see happen on the court. we also asked him sort of in a similar vein, in terms of big social issues, whether he would speak to his potential candidates about gay rights because he talked about justice kennedy wanting to keep up justice kennedy's legacy and one piece of that legacy happens to be gay marriage. but the president also said it would be inappropriate to talk to his candidates about that issue. >> jeff ma