the interesting thing is the two dissenters were ginsburg and neil gorsuch, arguably at opposite ends spectrum from each other. on that bench. shannon: not what a lot of conservative spot would happen with neil gorsuch assigned to the supreme court. >> might be true but the dual sovereignty doctrine is not the kind of case -- if you look at neil gorsuch's opinion he was very originalist in his dissent. he felt there wasn't any support in the courts, the original understanding of the language of the fifth amendment regarding the dual sovereignty doctrine. he feels that is the court invented doctrine. in his approach it is consistent with what folks expected from him. sometimes folks try to anticipate what the decision will be based on the political outcome rather than the philosophy a judge brings. >> clearing the path for prosecutors to continue to pursue, he faces 16 charges or accounts in that indictment so let's move on to the next window. what can we expect for the census citizenship question? >> any of these cases still out there whether it is the citizenship case or the gun dele

according to the nominees, not only did the president make two great nominees and neil gorsuch and brett kavanaugh, but we are making an important difference for the country that will last for a very long time and my motto for this congress is leave no vacancy behind. insert the judges or district judges. >> laura: senator mitch mcconnell, thank you so much for as many

he seems in many cases to be separated, not as close as with clarence thomas and neil gorsuch as someto samuel alito and chief justice roberts. >> he's in the pragmatist wing of the conservative block. but the varieties of interpretation and originalism on display are interesting. justice thomas had a concurrence where he talked about respect for precedent. he said when faced with erroneous precedent, my rule is simple, we should not follow it. [ laughter ] paul: that would throw out an awful lot of law. >> an antonin scalia described himself as a faint hearted originalist. paul: when we come back, overland college is ordered to pay $44 million in damages after a jury finds it defamed a local bakery with accusations of racism. what other universities can learn from overland's might,'s - did you know with vanishing deductible, you can earn $100 off your deductible for every year of safe driving? sing that. ♪ vanishing deductible, you can... ♪ ♪ earn $100... ♪ earn $100 off... ♪ off your deductible. ♪ deductible. ♪ for every year of safe driving. ♪ ♪ for every-- for every-- ♪ ♪ for ever

he seems in many cases to be separated, not as close as with clarence thomas and neil gorsuch as somer to samuel alito and chief justice roberts. >> he's in the pragmatist wing of the conservative block. but the varieties of interpretation and originalism on display are interesting. justice thomas had a concurrence where he talked about respect for precedent. he said when faced with erroneous precedent, my rule is simple, we should not follow it. [ laughter ] paul: that would throw out an awful lot of law. >> an antonin scalia described himself as a faint hearted originalist. paul: when we come back, overland college is ordered to pay $44 million in damages after a jury finds it defamed a local bakery with accusations of racism. what other universities can learn from overland's might,'s - uh-oh, looks like someone's still nervous about buying a new house. is it that obvious? yes it is. you know, maybe you'd worry less if you got geico to help with your homeowners insurance. i didn't know geico could helps with homeowners insurance. yep, they've been doing it for years. what are you do

district court judges, 41 circuit court of appeal justices, and two supreme court justices, including neil gorsuch and brett kavanaugh. cheers and applause] i came to washington to try to help change the direction of the country but we needed somebody like president trump to break some eggs up here and actually get it done, guys. [cheers and applause] these are definitely promises made and promises kept. now the president's focused on immigration, trade and infrastructure. let me tell you. he's not taking a victory lap. on all his accomplishments, he's now looking forward, he's driving ahead. he calls me early in the morning, he calls late at night. i spend time with him at the white house. sometimes he's exhausting, guys. [laughter] but he works. he works. and he cares about people in america. isn't it great to have somebody in the white house who is ocused on getting results? [cheers and applause] and here's what i'm most proud of. i really am. he will never articulate it this way. we have a little different style of communicating, you might have noticed, right? but he believes this in his heart

and thank god for neil gorsuch.judge: and before you say neil gorsuch, who defended women? >> ruth bader ginsburg. [laughter] judge: somewhere scalia's happy. [laughter] >> the one thing i would warn right now as partisans, you know, be careful getting on the side of, well, the fifth amendment, we want it to apply because manafort might be, you know, with these folks, and it's like, well, we don't always have to jump. the constitution should always be the gold standard, and we're -- judge: correct. it doesn't matter who's harmed or benefited by it. [inaudible conversations] >> by that logic, they can throw out the 14th and 15th amendments. judge: well, they can -- >> states' rights. judge: they can word their way around almost anything which is, i'm sorry, sam -- justice alito -- they can word their way around almost anything. that was part of the gorsuch dissent. if the fifth amendment was written for anything, it was to prevent double prosecutions and double punishment. so we'll see where it goes, but that's the l

this was something that, you know, neil gorsuch liked to point out that we're all wearing just the blackbut they bring ideologies and they were appointed in no small part because of those ideologies. and, you know, we have certainly seen a mix of votes on the supreme court in the racial gerrymandering case at the supreme court today. you know, there were five votes to say that the virginia house of delegates couldn't appeal to the supreme court when the virginia attorney general didn't want to. and it didn't line up -- >> it was a very unusual split. >> it was justice ruth bader ginsburg wrote for the majority. she was joined by justice sonia sotomayor and elena kagan but then also by justice clarence thomas and neil gorsuch. and then you had the chief justice sam alito part of the conservative block, but then also steve breyer and brett kavanaugh on the other side. but, you know, i think what people are really going to remember about this term are the decisions that we still haven't gotten yet. >> peetd, what's your take on how the chief justice is trying to position himself both on the

republicans in the united states senate who have confirmed these great judges including justice , neil gorsuchnd justice brett kavanaugh. [applause] our administration has also taken action to promote our first freedom. the religious liberty of every american. i probably don't need to tell of you that we live in a time when it has become fashionable to mock religious belief. we see it among the media elites. television commentators and liberal politicians. remember back in 2016 they called us deplorable? [laughter] recently, our former vice president actually said that americans who stand for traditional moral values are, in his words, forces of intolerance. including dregs of society. one senator has national aspirations that our administration's budget director , who happens to be a bible believing christian, is not, as who thissomeone country is not supposed to be about simply because he was a christian. i must tell you, the american people cherish the religious freedom and the freedom of conscience of every one of our citizens and these attacks on people of the christian faith must stop. [

republicans in the united states senate would have confirmed these great judges, including justice neil gorsuch and justice brett kavanaugh. [applause] >> our administration has also taken action to protect and promote our first freedom, religious liberty of every american. i probably don't need to tell all of you that we live in a time where it has become fashionable to mock religious belief. we see it among media elites. television commentators and liberal politicians. usk in 2016, they called deplorable. recently, our former vice president actually said that americans who stand for traditional moral values are includingintolerance, dregs of society. who also has national aspirations said our administration's budget director, who happens to be a bible believing christian, is not someone who this country is supposed to be about. simply because he was a christian. tell you, the american people cherish the religious freedom and the freedom of conscious to everyone of our citizens and these attacks on the people of the christian faith must stop. [applause] >> it is not what we are about. ofricans

neil gorsuch siding with liberals in a decision to strikes on a federal law punishing violent crimese court ruling the sentencing guidelines were unconstitutionally vague as donald trump tells the holy is prepared to fill the next potential vacancy. >> we put forward a nominee between now and the election. >> a beautiful list of talented people. absolutely. >> senate majority leader mitch mcconnell says he would allow a vote to fill a seat in an election after he failed to do so in 2016. the time 20 minutes until the top of the hour and a overseas is paying off her student loans was harder than being elected to congress. was would actually have an if bernie sanders gets his way and student loans are wiped away? >> colleges and universities, when they see free tuition you know what they are going to do? they are going to raise tuition. >> we will breakdown the promise of free college and debt forgiveness. >> the us holocaust museum denouncing alexandria ocasio cortez's controversial remarks about migrant detention centers. >> the united states is running concentration camps on the sou

president had invoked executive privilege was 1982 and gorsuch, the mother of supreme court justice neil gorsuch, that's only happened a few times, never been approved by the supreme court, this is really a matter of political dispute between the two branches. >> so half a dozen committees literally hundreds of subpoenas now, allegations that if the president doesn't comply with the subpoenas he's obstructing congress and they're even arguing obstructing justice, the president is taking them to court to litigate this issue, how can it be obstruction if he's litigating the issue on separation of powers grounds and also on whether or not the house of representatives has the original authority to demand these kinds of records from the president or for that matter from any citizen given the point you just raised, that is there needs to be some legislative purpose? >> well, i think we have to understand that words like obstruction are thrown around, they are political rhetoric rather than serious legal arguments and the only way the house of representatives or its committees can actually enforce subp

that is why i will soon appoint my 145th judge and we have two new supreme court justices, neil gorsuchnd brett kavanaug brett kavanaugh. >> laura: by the way, we cut the applause there but it went on and on. at the courts and the judges, huge, huge plus for trump coming up in 2020. given this current news cycle, it's important to draw policy distinctions for the other party as well. while some large religious groups are actively subverting immigration law, many faith-based voters want illegal immigrants to play by the rules. >> democrats are solely responsible for the humanitarian crisis because they refuse every single effort to shut off the magnets of child smuggling. hard to believe. as long as coyotes believe they can use children to evade our laws, children will continue to be endangered. >> laura: it you bet that's right. they're the ones endangering the families and the children. finally the president reminded voters that the fight isn't over and that he is staying in the struggle. >> every day of my presidency, we fight on behalf of hardworking citizens who pay their taxes, fol

according to the nominees, not only did the president make two great nominees and neil gorsuch and brett kavanaugh, but we are making an important difference for the country that will last for a very long time and my motto for this congress is leave no vacancy behind. insert the judges or district judges. >> laura: senator mitch mcconnell, thank you so much for as many time with us tonight, we appreciate it. >> thank you, laura. >> laura: after a texas city shutdown a children story time hosted by drag queens at a public library, a radical church stepped in to save it. but why? where else is this happening? an opponent and a christian supporter will debate the drag story time next. ♪ >> laura: your local library is a wonderful resource for school aged kids, reading groups, mommy and me classes, arts and crafts programs, and now? drag queen story time. speak of the transition from nightclub to libraries has been absolutely overwhelming and astounding. you may be a child in the audience that is feeling a little different and now he may see me, or she may see me and they may think, wow, i s

justice neil gorsuch wrote the opinion.ustice brett kavanaugh virtus himself because he was a judge at the d.c. court of appeals. there's look at the oral argument which the supreme court heard back in january. next, azar. vs.

justice neil gorsuch wrote the opinion. justice brett kavanaugh virtus himself because he was a judge at the d.c. court of appeals. there's look at the oral argument which the supreme court heard back in january. next, azar. vs. allina health services. >> if it may, please the court it did not require cms to go through notice and comment rulemaking before it could furnish its calculation of one component of a hospital's reimbursement to the contractors that performed the initial reimbursement for the agency it was not binding on the agency or the courts and it could be challenged on administrative appeal as the respondents did here. >> i have a problem with this. i know that you say that, but i don't know how you take this outside of being a policy that it applies to every single provider uniformly. i don't know the basis that you have an individual adjudication and what would happen if they say we will not listen if we are -- even though we are required to listen to the agency's position. if one case tells you it is wrong

in the dissent, justices clarence thomas and neil gorsuch it also needlessly prolong the suffering ofilies. this decision is back in the hands of a mississippi court, setting up the second capital trial for mr. flowers. there are still the limits of which has major 2020 election implications and whether or not the trump administration can put citizenship questions on next years sentences. the clock is ticking. this opinion will come down to the wire. we'll see what happens monday at 10:00 a.m. i know you will be there. i will be sitting right next to you. busy week and next week. >> shannon: that's the final one of the term. thank you very much. the president canceled a retaliatory strike against iran at the last minute. we will get reaction from the panel when we come back. like vi. her team treated her cancer and strengthened her spirit. so viola could focus on their future. cancer treatment centers of america. appointments available now. cancer treatment centers of america. ♪ ♪ this simple banana peel represents a bold idea: a way to create energy from household trash. it not only

neil gorsuch and clarence thomas noted a related opinion last fall.nal for cabinet officers to have political motives for policy. under the obama administration. >> melissa: josh, if you are sincerely interested in getting the best data on what is going on, what's the best way to do it? to leave the question in and have people, fewer people come answer the survey may be because they were afraid? worth and not have it in their and have people answer -- you don't really know who they are. they are not telling you whether their citizens are not. whether they are paying taxes. to know who is where and who they are and what resources they need. and if you are paying your taxes. all that kind of stuff. to know what's going on. i wonder which way is the better way to know what's going on. >> josh: i think it's so incredibly clear, i'm confounded by the entire argument. ultimately with the aclu is arguing is that somehow it is a profound criminal conspiracy, that the united states government takes the census, which it does once every ten years, and counts ame

neil gorsuch and brett kavanaugh sit on the court today. there's big decisions coming out tomorrow that will probably be 5-4. so huge consequences. >> the american bar association was the gold standard, the be-all and end-all when we were kids. are they even involved these days? when the president says i have a list of judges, who gave him that list? >> the federalist society and the heritage foundation. and don mcgahn. actually in the book i explain a little bit the night of the -- scalia's death trump's going to the debate, he's on the phone with don mcgahn, who is his campaign counsel, and they're worried that ted cruz is going to put trump on the defensive. his sister was a federal judge. people thought he might appoint liberal judges. and trump says what if i throw out some names. and that was really the origin of the famous list. they said they needed names to confirm -- to convince conservatives that they were going to be okay. and of course don mcgahn's first name he said was brett kavanaugh. but they didn't end up using that name t

and we have two new supreme neil gorsuch and brett kavanaugh.se] today, inly a year ago a 5-4 decision the supreme court upheld the first amendment pregnancy care centers. [applause] president trump: and just last week the supreme court ruled 7-2 the peace cross, wasn't that nice, right? that would have come down. in autiful memorial maryland, which honors our heroes of world war i but it's a cross and they say it can stand on public land to see. isn't that nice? [applause] so ident trump: it's beautiful, it takes up such an important place in that area in and they state, wanted to rip it down, take it cross, andse it was a we won that one just two days ago in the supreme court. isn't that great? [applause] president trump: americans' belief in god has forged the character of our country and a light unto the world. we're respected again as a nation, i'll tell you that and not only talking about from a religious standpoint, our respected again. [applause] today we're excited to be joined of college students including eight students from liberty u

just as thomas, he concurred in parts but dissented, joined by justice kavanaugh and neil gorsuch.aw and gave a reasonable acclamation, the court correctly answer those questions made affirmative. that ought to end our inquiry. for the first time ever, the court invalidates it simply because it questions the sincerity of the agents otherwise adequate rationale." he doesn't think that they should have probed any further. it is unlikely that it will end up on the census, so it is a win for those who oppose her. >> benjamin: shannon, thank you very much. >> sandra: now to the 2020 election after democrats took to the stage last night in miami appeared at jockeying for a breakout moment by championing various progressive policies on that stage. >> when you've got an economy that does great for those with money and isn't doing great for everyone else, that is corruption pure and simple. we need to call it out. [speaking spanish] >> we need to include every person in the success of this economy, but if we want to do this, we have to include every person and our democracy. our situation n

so my favorite justices these days are neil gorsuch, and kavanaugh. you should read gorsuch's opinion in gunby. i started to read it. it reads like a liberal opinion. he's basically saying there are 500,000 people, former sex offenders not a very popular group, and the question was are we going to apply this new registration requirement and leave them vulnerable to a ten-year prison term for crossing into a state where they haven't registered? a law that was passed after they had committed their crimes, and gorsuch was basically saying if congress is going to do that, bring 50 -- 500,000 people to subject them to this, they ought to say it. they wouldn't require the attorney general to say well, i've decided we're going to apply it to all those people because congress left it open. gorsuch was setting what i thought to me sounds like a reasonable principle. if congress is going to decide something big, apply a criminal law to thousands of people, we ought to have congress say it. most people thought that if you get a new conservative justice, it's goin

story.there is a great they embarrass neil gorsuch during his confirmation hearing, releasing an opinion that overturned something -- another opinion that he had written . there is a little bit of hazing. someone who knew from the inside new that that had been intentional. if you're coming over here, we play rough. host: what intrigued you the most? guest: one thing that people don't pay enough attention to this issue, that i think is so determinative of our politics. it is great history. politics ing washington, all events are connected. stuff happening now is connected to the stuff that happened 40, 50, 100 years ago. i find that fascinating. you have to know what happen in the past to know what is happening in the present. host: "confirmation bias: inside washington's war over the supreme court, from scalia's death to justice kavanaugh". one quick question about the meeting that took place today in north korea. how significant is this for donald trump? guest: i think it is significant. it shows his willingness to take literally the extra step. i think you will get some credit. he wasn

so my favorite justices these days are neil gorsuch. elina kagan. justice roberts and maybe brett kavanaugh and it tails off from there. you should repeat gorsuch's opinion in this case, gundy. i started to read it and thought this reads like a really liberal opinion. he's basically saying there are 500,000 people, former sex offenders, not a very popular group and their question was are we going to apply this new registration requirement and leave them vulnerable to a 10-year prison term for crossing into a state where they haven't registered? a law that was passed after they'd committed their crimes. gore such was basically saying if congress is going to do that, they ought to say it, ought to pass a law. we shouldn't allow the attorney general at the bush administration where he served to say i've decided we're going to apply it to all those people because congress sort of left it open. so gorsuch was setting to me what sounded lucky a very reasonable pralprel. if they're going to apply a law to thousands, they ought to say it. this is actually an

main protagonist in the battle emerged as justice kagan, settled rules of administrative law, neil gorsuch as the protagonist who is going to bring the administrative state down, but the person that holds the power is the chief. very carefully signing onto particular parts of opinions in one of the cases, kaiser. let me just say a little about the nondelegation case. this was a challenge to a provision in the sex offender registration notification act that let the attorney general determine how that act was going to apply to individuals who had been convicted of sex offenses prior to the act's adoption. and the delegation was attacked. the nondelegation doctrine has been around a long time. the last time a nondelegation challenge succeeded was 1935, two or three cases were upheld then. before then, all challenges failed. the interesting issue that the court granted the challenge. there was no circuit split below. in addition, there was a very strong dissent, holding indeed that the delegation was unconstitutional. they wrote for plurality, upholding the delegation as an easy case under exi

almost as soon as neil gorsuch was confirmed to the court, he provided the crucial fifth about overturned at 40-year-old precedent and a setback to the rights and protections of public sector workers. this new majority in the court has emboldened extreme conservatives to go on the offensive on issue after issue. iscourse, what we are seeing an all-out assault on a woman's constitutional right to an abortion. a lot of states like alabama, georgia, louisiana are racing to pass antiabortion laws that are clearly unconstitutional. the silver lining, if there is one, is the growing recognition that who sits on our courts matter. let me highlight a few examples of people recognizing the dangers of court packing. i heard from so many women who watched the kavanaugh hearings and listened to dr. ford, came forward to talk about their own experiences surviving rape and sexual assault. i heard from two people, women i had known for years, one had been raped, she never talked about it, another had been sexually assaulted, she never talked about it -- most of these women, watching the kavanaugh hearin

neil gorsuch, bret cavanaugh. but my friends, you probably already know most cases never make it to the supreme court. the next step down is the circuit judges. the next step down is the district judges. most complex litigation doesn't get past the circuit court level. they are extremely important. there were a lot of vacancies left when president obama left office. i was the majority leader the last couple of years he was president. we didn't have a lot of time to fill all those vacancies. [ applause ] >> this is a pretty alert crowd, ralph. so we had lots of opportunities and we didn't waste them. we did 30 circuit judges the first two years. that's a record pace for any administration in the history of the country. we're now at 41. we'll soon be adding two additionally. let's put that figure in context. about 1 out of 4 of every circuit judge in the whole country has been appointed by this president and confirmed by this senate in 2 1/2 years. [ applause ] >> let's look at it a different way. let's compare the

neil gorsuch and brett kavanau brett kavanaugh. year ago today and a 5-4 decision, the supreme court upheld the first amendment right of pregnancy care and just last week, the supreme court ruled 7-2 that the peace cross -- wasn't that nice? [applause] there is one that have come dow down. it's a beautiful memorial in maryland which honors are heroes of world war i, it's in the form of a cross, and they say can stand on public land for all to see. isn't that nice? [applause] it's so beautiful, and it takes up such an important place in that area and that whole state. they wanted to rip it down, take it down because it was a cross. we won that one just two days ago in the supreme court. isn't that great? [applause] americans' belief in god has forged the character of our country and made our nation a light unto the world. we are respected again as a nation, i will tell you that. and i'm not only talking from a religious standpoint. our country is respected again. [applause] today we are excited to be joined by hundreds of college st

neil gorsuch and ruth bader ginsburg the whole history of the country are against you this are goingstate crime does he serve 14 years or just seven. >> no, he serves the 146789 by the way if he is convicted in the state, it will be longer than seven years. it's a manifest injustice and the supreme court is allowing it to happen. dan: judge, this nullifies a presidential pardon. have every entrepreneurial democrat attorney general who wants to be the governor of their state is then going to seek to attack the trump administration through charges later on even if people like mike flynn or whatever. >> use paul as an example. if paul manafort were pardoned tomorrow by president trump that would not nullify the state prosecution. same as the case for anybody else that he would pardon. steve: coming up it, sounds like the justices will rule on the 2020 citizenship question which has been a political hot potato. >> some cases are going to come down, some decisions are going to come down thursday morning at 10:00 and some next monday at 10:00. i believe the citizenship one will be last. i'

. >> bill: your observation of the court with cavanagh and neil gorsuch go on that court. current makeup or not? >> what's interesting is we see a lot from them. just today, justice gorsuch joined with ginsberg pure knot of hearing you would expect to see, but we see both of them, the trump nominees really going their own way on some of these cases, some time setting with liberal justices. sometimes doing what you would expect. they will show that on specific individual cases, they are not unwilling to break with the expected outcome. >>> bill: back to you in a moment. nice to see you, shannon. reports of the shooter in dallas, texas, now outside the federal building downtown earlier today. the suspect is said to now be in custody. no reports of injuries. we will keep you posted on that. >> julie: nancy pelosi holding the line against impeachment. listen. >> i don't think there's anything more divisive we can do then to impeach a president of the united states. >> julie: will she fold under all that pressure? progressives now push to launch it. >> bill: president trump com

i said to the court back then if you do this and don't allow us long neil gorsuch to see a judge youa surge in family units. i was called a fear monger around no evidence of this. look what's happened. brian: he also says he has nfertion that this whole third safe country thing is still in play and has been negotiated will be announced soon. he said to "fox & friends first." he said we need three things. we have to detain families beyond the 20 days. extend by that we have to be able to repatriate unaccompanied minors right away. and we need to change the asylum standards and make it clear. steve: one of the things the president did tweet over the weekend was he said some aspects of the deal will be announced at the appropriate time. it is assumed that that's what it is referring to. an asylum change. and what that would mean is anybody who is in this country -- for instance, if they are from guatemala, we would fly them back to mexico because that was the first country. in but then if you are from el salvador or honduras, we would fly them to guatemala. and the experts say this is g

stuart: come on in, please, jamil jeffer, former law clerk for neil gorsuch, assistant professor at georgiaprofessor dershowitz, terrible, look, gerrymandering decision is a win for republicans and a loss for democrats and the decision on the census question means that the question will not be on the 2020 census because there isn't time to get it on the thing. would you agree with both those opinions from professor dershowitz? >> i would completely disagree with professor dershowitz on the first question and i agree on the second. on the first question, this is not about republicans and democrats who gets the win here. it is about the law. the question here in this case was, can the supreme court have judiciary manageable standards whether partisan gerrymander something gone too far or appropriate? what the court decided we don't have good methods for judges to make the decisions. politicians and voters make the decision whether partisan gerrymandering go too far. in various states they changed law, redistricting commissions. this idea professor dershowitz this is win for republicans and de