wade. >> that's a big one and probably not. they're all saying don't do that, you shouldn't do that. >>> plus, a preview of tomorrow's big protests against family separation. >>> and why the white house is scrambling to explain how a prank caller got through to air force one. >> your call is connected. >> hi, bob. >> hey, how are you? >> "all in starts now." >> thank you, bob, i'll talk to you soon. >> all right, baba booey to you. >>> good evening from new york, i'm ali velshi in for chris hayes. tonight, democrats are increasingly concerned the president could try to use his new supreme court pick to shield him from the mueller investigation. days after justice anthony kennedy announced his retirement, the white house and senate republicans are fast tracking kennedy's replacement. the president telling reporters on air force one today he's planning to announce his nominee in just over a week. >> so i'll be announcing it the monday after july 4. is that the 11th? i'm going to announce it o

wade. do you think that's a fair burden and a necessary one? >> it should be a burden on every senator, female or male because roe v. wade protected women's lives and through the liberty cause of the constitution said we women have the right to privacy. if our religion says no abortion, fine. if you don't practice religion, fine, that's what a woman's right to choose is and roe v. wade gave us that choice so i see this as a civil rights issue and as an issue that touches every single family and this senate and both sides of the aisle, all of them are responsible and i do believe because i did have ed markey on my podcast, thanks for mentioning it, he said he was going to use every tool in the tool box to stop it and slow it and drag it out and buck sure right now there are closed-door meetings looking at the rule book and how we can slow this thing down until the american people get engaged? >> barbara boxer, great to talk to you. >> can i add one more thing. >> real quick. >> very quickly.

wade unsettled law. president trump said in his own words that he wants to give them a justice to give the court a majority to overturn roe v. wade. so count on it. president trump will in all likelihood nominate a justice willing to send roe, quote, back to the states. again, those are president trump's own words, where several are preparing, if not already prepared, to roll back a woman's right to choose. in fact, according -- there ares where abortions would be wholly or partially illegal almost immediately. that is against what america wants. it is because the president and his hard-right ideological judicial acolytes are way far away from where the american people are that are trying to create a court that will turn the clock backward in so many ways, roe at the top of the list. we also know that president trump will likely nominate a justice willing to reinterpret the court's rulings that our current health care law is constitutional. again, listen to president trump's own words. on january 1, 2016

wade would be overturned.s this something that shouldn't be put out as a litmus test for the next supreme court pick? >> first of all, i think it is something that is understood. of course it is going to be a big issue, alex. i think people are dancing around it. it is an issue. elections have consequences. this is why evangelicals came out and voted for trump in 2016. i've actually been making the argument that when they voted for him, they were late breaking. if he gives them another conservative judge, they'll be foot soldiers for him in the 2020 re-elect. you know, a lot of us at conservatives believe roe v. wade was incorrectly decided. we'd like it overturn and turned over to the legislatures. if they want to see it still a part of the law, go through the constitutional amendment process. that's the proper process that should be done. i will say two things. i think trump will appoint a 40 something member of the federal society, who is a strict originalist. i think trump understands and realizes this is

wade? >> well, if we put another two or perhaps three justices on, that's really what's going to be had. that will happen, and that will happen automatically, in my opinion, because i am putting pro-life justices on the court. >> anthony kennedy announced his retirement today, was the last republican-appointed supreme court justice who had voted to affirm abortion rights. he didn't do so in every instance. he cast lots of anti-abortion votes of many kinds. when it came down to the basic question of whether or not abortion could be made illegal, whether or not roe versus wade should be overturned, he was a no. he was the firewall against conservative judges overturning roe versus wade and making abortion illegal in this country. now unlike previous elections where presidential candidates refuse to say if they had a litmus test for a nominee, refused to say they would get any specific pledge on any specific issue from anybody who they nominate to the supreme court, in this last election, cand

wade?put another two or perhaps three justices on that will happen automatically in my opinion, because i am putting prolife justices on the court. i will say this. it will go back to the state s and the states will then make a determination. >> make a play for the evangelical conservative vote by a man that didn't share those thoughts before he got in the presidential list, that's what he said. >> i can only tell you what the process is and that's important. the fact of the matter is you mentioned the black robe. the reason why judges wear black robes because it symbolizes the idea that they leave their personal prevents at the courthouse door and interpret the constitution as its written. this president said there are three criteria to consider for nominating judges. one is extraordinary qualifications in nominations, two, as he puts it, judges who are, quote not weak. those are people who have independent courage and not going to be swayed. by the political fashions of the day. and third

wade. now with his retirement make up of the court will be changing at a time when there are crucial issues will be decided. among them, abortion, affirmative action, death penalty, presidential subpoena. the political battles have been already begun. lawmakers saying there shouldn't be a vote until after the midterm which some are called mitch mcconnell rule. we will have more on the reaction from congress in a moment. senator bernie sanders will join us as well. a lot of details about justice kennedy's impact. and what the future may hold. i want to get the president's reaction. he is speaking in a rally in north dakota. was the president aware that this was going to happen today or come as a surprise. >> reporter: it was a complete surprise to president trump. he will be arriving here in north dakota shortly. i am told by his advisers he had no idea this was happening and in fact justice kennedy was inside the white house before president trump knew that he indeed had a meeting with the

wade?put another two or perhaps three justices on that will happen automatically in my opinion, because i am putting prolife justices on the court. left leg go back to the states and the states will then make a determination. >> make a play for the evangelical conservative vote by a man that didn't share those thoughts before he got in the presidential list, that's what he said. >> i can only tell you what the process is and that's important. the fact of the matter is you mentioned the black robe. the reason why judges wear black robes because it symbolizes the idea that they leave their personal prevents at the courthouse door and interpret the constitution as its written. one is extraordinary qualifications in nominations, two, as he puts it, judges who are, quote not weak. those are people who have independent courage and not going to be swayed. and third by, judges who are going to, in his words, interpret the constitution the way it was meant to be. now, people can have disagreements a

wade is one of them. lgbt. there should be thoughtful deliberation about that question because as i said, this is going to be a national referendum. there's an argument to ensure that the american public have a voice to see where they are on this. >> all right. >> go ahead, share lynn. >> there's one other thing. the president who will nominate this person is under a cloud. you mentioned this at the top of the segment, chris. a president who is under investigation, his campaign is under investigation. high level officials in his campaign are under indictment. we don't know what's going to happen with the mueller investigation. it would be tragic for the president to nominate somebody have, that person go through and have the mueller is investigation reveal itself to implicate the president. this is another reason why. this is not the same as president obama nominating merrick garland. we're in a different situation. we should pause for that reason. >> ron klain, share lynn, thank you all. how donald trump's nex

wade. this is about choice. this is about everything. just think there is going to be a bigger fight than expected. sean shan well, whether or not -- whether you are pro-choice or pro-life. it is widely regarded that roe v. wade is just really horribly reasoned legal decision. so, the question isn't really about whether you support roe v. wade or not. even people pro-choice recognize it was a poorly argued judicial decision. but the question really will be about your approach to the law. are you an originalist on questions of the constitution? raw textualist on twes of the law. you don't need to ask about roe v. wade because some regard it as a horribly reasoned. >> shannon: we all know these nominees when they get in front of the senate judiciary committee going f. it is something difficult they will say i can't answer that that issue may be coming before me. everybody is going to be combing through every comma in their regard to see if they can find a clue for what they would do. >> just watch the two female senators lisa murkowski fro

wade. >> let's look at these two contestants at the top. chuck schumer, smar guy, been around in awhile. mitch mcconnell, you don't have to like him to know what he's up to. who is better at parliamentary procedure? >> can your party get. >> i put my money on chuck schumer. >> do you have enough strength to hold this vote off till the voter vote in november? >> chucking is an incredible leader. he cares deeply about this issue. he's reaching out to all of us. because he knows how critical this is and he needs all the soldiers on the field. and i believe that he is committed to this and he is going to fight to the end to make sure that the right thing happens. >> what's going on in the democratic party? you're a progressive and young and new. you've had a political history of real substance as attorney general. i know all elections are local. tip always said all things local. i don't think everything's local. a young hispanic woman was able to knock off a brand name product of this country,

wade? >> overwhelmingly sporting roe v wade. i hope very much that the next nominee to the supreme court does not hold that position. but the bottom line is this is obviously an enormously important issue. everything to do with women's right, having to do with guy rights and having to do with solidifying the pro corporate anti worker wing of the supreme court. >> do you have confidence that president trump would appoint somebody to your liking. he did publish a list during the campaign of potential nominees, gorsuch was on the list and indicated that this next one will come from that list. >> i have no hope that he will appoint anything resembling a moderate justice who will take both sides into consideration. what we are look for is the nomination of a right wing extremist. i would say this, you may recall that when merrick garland's nomination was brought forth, president obama said let the american people decide. you obstructed it and refused to allow a vote to take place. i would say to mitch mcconnell remember what you said

wade. >> areva, is roe v. wade done? >> women hope roe v. wade is not gone. what donald trump continues to say whoever he appoints to the supreme court he will use as a litmus test the ability to overturn roe v. wade. liberals are bracing for an appointment of a judge who has expressed through opinions they written or through conversations that they will, in fact, overturn that vote on roe v. wade. there are other cases that this court may have to consider. including immigration. we see cases have been filed in the federal district court with respect to trump's immigration policy on the southern borders. those cases work their way to the top of the judicial system of the supreme court. we have the presidential power with respect to the mueller investigation and subpoena and if donald trump would have to respond to the subpoena. there is gun control rights. voting rights. there are so many con sequential decisions. >> this is a pick. we assume the president will pick someone who is a staunch conservative? anthony kennedy was known as a swing vote. there are co

. >> are you looking for somebody who would overturn roe v wade? >> well, you know, it is a great group of intellectual talent. i am not going to ask them that question. but it is a group of highly talented and brilliant mostly conservative judges. >> what about lgbt rights? >> i have known him over the years and he is a terrific man and i thought the way he approached what he did, what he did yesterday was very he will began the and ve -- elegant and beautiful. and honored that he did it during my term. i won't be discussing that. >> our chief white house correspondent jim acosta joining us now. >> reporter: he did say on air force one that he narrowed it down to five people but he might talk to six or seven people and a couple might come to new jersey this weekend. we do know, and these are sources talking to my colleague, there are a couple of people on this list who are being strongly considered at this point. two of them is bret kavanaugh. amy barrette. one thing that we should no about all of these candidates is they are in their late 40s and

it may be the case that we want see roe v wade overturned entirely. i think justice roberts will be very sensitive to the public view of what the court does. we know, those of us who work in this world of trying to protect women's access to making their own decisions, we know that states are very clever about chipping away at a woman's rights to accessing abortion and that is the point that you make here. i believe they're going to feel absolute permission to do that now that justice kennedy has announced his retirement. >> that's a lot on the policy substance. i turn to the politics and enforcement. what are you and the organizations you work with and the people you represent, what's your message to democrats who do not ultimately do everything in their power to block the consideration of this trump nominee before the midterms? would you be prepared to oppose those democratis in election? >> 7 out of 10 americans want legal access to abortion. they don't always vote that way. even this week, we saw two extremely high profile women leaving the republi

wade.n rights. the case centered on an unwed 21 yerld in texas desperate to end an unwanted pregnancy. jane roe and her lawyers finally winning for all u.s. women the right to legally and safely end a pregnancy. my next guest represented the woman known as jane roe and the years following. that landmark decision and joining us now, gloria alred. can can you believe this is still a question in 2018. >> yes, i can and it has been under threat. ever since the 1973 united states supreme court decision roe v. wade. in which the united states supreme court found that a woman has a constitutional right to choose abortion at certain stages of her pregnancy and that that right cannot be interfered with by the state. because a woman has a constitutional right to personal liberty and that and to decisions for example about her family life, about procreation and ultimately about contraception and other personal decisions and that personal liberty, which is guaranteed by the 14th amendment cannot be int

wade and other stuff. it's go time for progressives who care about the future of our country. >> are democrats playing this the wrong way? president obama could have appointed someone to round out the year, and while people could say they don't like mitch mcconnell, he's a hypocrite, he's a tactical beast and he's gotten one, now two supreme court justices in that seat. so taken the high road and being the nice guy appears to have a lot of people finishing last. >> stephanie, you have that exactly right. i think democrats screwed the pooch on the garland thing, and this day was always going to come. when we got rolled on that and let them get away with it. we lost the election and got rolled on the 60 vote threshold on the gorsuch thing. we should have seen this coming and now there's little we can do about it except scream rat the top of our lungs and organize and fight back like in the attorney general's office in new york and every other way we can, but you're right. they've been playing for keeps and w

wade? >> well, you know it's a great group of intellectual talent, but they are generally conservative. i'm not going to ask them that question, by the way. that's not a question i'll be asking, but it is a group of very highly talent, very brilliant mostly conservative judges. >> what about lgbt rights? >> i have to tell you, i really got to know him in a fairly short period of time, i've known him over the years. he's a terrific man. and i thought the way he approached what he just did, what he did yesterday was very elegant, very beautiful. and i was very honored he decided to do it during my term. because i think i won't be discussing that because i think it's inappropriate to discuss. so i won't be discussing that. >> our chief white house correspondent jim acosta joins us now. jim, i understand we have some new reporting here. and when the president says he's narrowed the list down to five people, he may not have really narrowed the list down to five people. >> that's right, john. he

wade are so important. but we should note some of the other issues and the economics, really, that a lot of these judges and supreme court justices are going to have to weigh down on. it was just three days ago that the supreme court ruling against big labor unions, for example, and janice versus afsme, a detrimental case to organized labor here. so in terms of the questions that president trump, who is expected to be meeting with potential supreme court justice nominees this weekend, he might be asking about rulings and potential economic cases or where they will fall in line on energy sector cases, as well. just this week, as well, we got that monumental ruling on the president's immigration policy. two big economic cases, immigration cases that the administration feels are a significant win for them. so that is why you're hearing people like senator elizabeth warren this week pushing back against some of these cases that the administration won, aligning themselves with organized labor, people like senato

wade. the game we are going to play is them dodging, bobbing, weaving and pretending that's not what they're going to do if confirmed by the senate. this is a break the glass moment. if you have never lived in a world where abortion was not legal, where access to contraception was not something that was relatively easy fending on where you are live, this is a moment where you need to get into the streets and make your voice heard. essentially what's happening right now is this is a major power grab by the minority of americans. donald trump only won 26% of eligible voters in the 2016 election. and how republicans are looking to consolidate their power with the minority of support. he is nominating conservative people going to overturn roe v. wade. >> if the conversations don't focus on roe v. wade, what is it the president wants to hear? >> i think there are a significant number of republican women who voted for donald trump, to the surprise of a lot of folks in the media. i think a lot of

wade. there is an even bigger if. that's if the vote can be delayed. who would do that? maybe senator mitch mcconnell. perhaps based on a sudden allergic reaction to hypocrisy because of what he said on the senate floor in 2016. >> the next justice could alter the direction of the supreme court and have a profound impact on our country. so, of course, the american people should have a say in the court's direction. >> now, today the democratic leader in the senate chuck schumer called out the gop to stand by what they said then. will they? that's the single biggest question tonight. one of the key players who has to answer the question is republican senator john kennedy of louisiana. he's on the senate judiciary committee. they may make this call. so we put the question to him. here it is. now, the big question is will you support what schumer is asking for which is to reinforce the mcconnell rule, so to speak, which is you don't confirm, don't vote on a supreme court justice in an election

wade. that is why the evangelical community is so supportive of the president. and they're winning. what i don't understand is why don't they acknowledge they're win something. >> the confirmation for neil gorsuch this is going to be part of the messaging. yes, the political process is there. but there is the other process that will be playing out until november or until there is a nominee and the hearings start. how much is abortion going to be part of that messaging for the politics here? >> i'm sure abortion and a whole host of other issues will be debated. look, going back to justice gorsuch and his nomination process, it was an all hands on deck effort from the white house to leader mccouple's officnnelc outside roots. we dove tailed on a message. whether it's opening up discussions on a whole host of issues, that's the thing that sets republicans, this white house, apart from what democrats are saying. democrats don't have a unified messages. republicans do. that's why they have won o

reigniting the debate over roe versus wade. presidents pay to replace justice anthony kennedy could impact the historic ruling. and perhaps, reshape the legal landscape for decades to come. we had long deployments in iraq. i'm really grateful that usaa was able to take care of my family while i was overseas serving. it was my very first car accident. we were hit from behind. i called usaa and the first thing they asked was 'are you ok?' they always thank you for your service, which is nice because as a spouse you serve too. we're the hayles and we're usaa members for life. see how much you could save with usaa by bundling your auto and home insurance. get a quote today. the first survivor of ais out there.sease and the alzheimer's association is going to make it happen. but we won't get there without you. visit alz.org to join the fight. so let's promote our summer travel deal on choicehotels.com like this. surfs up. earn a $50 gift card when you stay just twice this summer. or, badda book. badda boom. book now at choicehotels.

wade. and abortion will be illegal in a significant part of the united states in 18 months. there is just no doubt about that. and that is why these seats matter so much because -- one of my favorite lines about the supreme court was by justice roberts jackson who served in the 1940s aunnd '50s. he said we are not final because we are infallible, we are infallible what you we are final. somebody has the last word and here it is the supreme court and roe v. wade is doomed. it is gone because donald trump won the election. and because he's going to have the chance to appoint two supreme court justices. >> wow. just still sitting with the gravity of what you just said. how quickly do you think that those changes will come on the state level? >> first of all, i don't recall with jeffrey that there will be -- not 20 states. there will be some states, but they will be in a very distinct minority. you will see this now as an open political debate. people have run to governor. i've run for governor

wade. what is at stake with bob vanderplatts after this. ico... (harmonica interrupts) how they could save 15% or more by... (harmonica interrupts) ...by just calling or going online to geico.com. (harmonica interrupts) (sighs and chuckles) sorry, are you gonna... (harmonica interrupts) everytime. geico. 15 minutes could save you 15% or more on car insurance. >> neil: all right. you can market it consistently like clock work. every time a supreme court position opens up, the first issue comes up is roe v. wade, right to life. the whole abortion issue comes back and what role and what thoughts that particular justice had or potential justice had on these matters. the president and ceo of "the family", bob vander platts. very good to have you. how crucial is that issue to you? i mean, above others, with others, among others. what? >> it's the cornerstone of all of the issues, neil. this is an opportunity to restore a culture of life in this country that honors god and blesses people. we see t

wade. so there's already a lot of concern about that on the left and a lot of excitement on the right. these are people who have been fighting to overturn roe v. wade for decades. and action turning to the states where people are looking to enact state laws to protect abortion rights should roe v. wade be overturned. down the line there's so many things that the supreme court touches, that the president has to be careful as he played in the clip where he can't necessarily ask these judges how they would vote on specific things if they were confirmed, but you can look at their case rods, can you ask around the question to get an idea of whether they're with you or not. >> kaitlyn i'll curious what you make of all this. the president, alex is correct. he said that's key thing. he would definitely appoint a supreme court justice to overturn roe v. wade. in the interview recently, even this last night he says well you know, we're not, that's a big question. not planning to ask it. is that just

let's talk about roe v wade. because the focus is of course will they overrule roe v wade? what will they decide? it will be a very salient question. but the ripple effect of having kennedy off the court and replaced with a conservative is so much broader than that. the day his successor is confirmed the states will be emboldened to pass increasingly draconian restrictions on abortion. ultra sounds. waiting periods, flatout cut offers at 15 weeks. restrictions on clinic. that level. the next level, state courts and lower courts who will being stocked with trump judges will be more likely to uphold them. the next level, advocates, who in the past have wanted to try to bring this to the supreme court to reverse will now be terrified if they bring it up there. the small rulings will become the law of the land. they will have to stay their hand. the next level, the supreme court deciding what cases to take. they can be emboldened and pluck what they want to serve an agenda. and only then do we get to the cases that will become the landmarks in the future where the court is like

supreme court now completely right-wing, trump's supreme court will take away our rights, roe v wade, gay rights, too many to list, this blow could not be more severe. we don't fight like our lives depend on it some americans could find themselves in internment camps, liberal activist and journalist waiting, al sharpton tweeting we have no choice but to organize, strategize, vote and act. ambivalent attitudes are not an option. all civil and human rights are at stake, what side are you one in turns out the justice editor at think progress is a man of few words, blank you, justice kennedy. finally, bernie sanders waiting. >> nominate somebody who wants to undo the constitutional right women have, you'll see a massive uprising on the part of people all over this country, not just women but men who think that decision should be left to women and not the government. >> we could go on and on but you get the feeling. >> so we do. thank you very much. according to 2016's exit polling some 70% of voters said the supreme court appointments were either an important or the most important factor

wade? >> i would think when it comes to something as significant as roe, he is as exactly as you describe kind of an institutionalist. on the other hand, there are a lot of things that remain on the agenda of judicial conservatives that he is willing to take significant steps on, so yesterday we got the union fees decision in which he was part of a five-member majority overturning a decades-long precedent saying public employees union can collect fees from nonmembers to engage in collective bargaining on their behalf. that's one of a dozen areas of the law where the chief just sis part of this movement. he's a reagan administration, grew up in that context, is a believer that the court has been too far to the left. and so he still has a way to take the court, i think. >> heidi, let's talk about whoever donald trump nominates. obviously roe is going to be at the center of this. because you can go back 30, 40 years and it was either sandra day o'connor or justice kennedy that was continuing t

he was the obstacle to keeping -- to turning -- overturning roe versus wade. trump joined the campaign on the record said that if he had the chance to appoint enough justices, roe versus wade would be overturned. there's a game in him backing away from that are a tore . the fact they are coming out with the pick so soon shows how ready they were. they have vetted these. on the democratic side, they have had this list. you have a lot of democratic interest groups who have gone through the names, doing opposition research. they will be prepared as well. >> one of the groups that did vet this list, susan b. anthony list, big pro life group, i talked to them. they are comfortable with all the people on this list. it means they don't think of these people are going to stray from the party line on this very kr crucial issue. >> we have audiotape of the president, part of his exchange he had with reporters aboard air force one, speaking about his upcoming summit with vladimir putin. listen to this. >> we're going to talk about ukraine. syria. we will talk about elect

wade. here's what he had to say about the subject earlier today. >> are you going to ask your nominees beforehand how they might vote on roe v. wade? >> that's a big one. they're all saying don't do, that you shouldn't do that. but i'm putting conservative people on and i'm very proud of neil gorsuch. he's been outstanding. his opinions are so well written, so brilliant. and i'm going to try and do something like that. >> republicans in congress are worried the supreme court battle may have ramifications for the midterm elections. according to politico, senior level house republicans believe donors will redirect large contributions toward elections for senate republicans, dealing a severe blow to house republicans' efforts to remain in control of that chamber. even if the president realizes this is a matter of extreme importance. >> justice kennedy's retirement makes the issue of senate control one of the vital issues of our time. >> reporter: in the decision to confirm a nominee to the sup

wade to be overturned? >> i am putting pro life justices on the court. >> there was the promise, just a reminder. let's pivot now to voting rights, voter id, gerrymandering, do you foresee any change in direction coming from any potential trump nominee wrar with regards to voter rights? >> one thing in relation to this era, as opposed to old eras, presidents seemed to be surprised by the position of their nominees. that short list was actually prepared by a conservative outside group. so on an issue like sloeti ivot rights, whoever this person is going to hold to voeliting polis that make it harder for people to vote, much like the jim crow era. where justice kennedy might have been a swing vote was on gerrymandering, where he said i think it's probably unconstitutional, partisan gerrymandering, i want to see a standard, and there was a lot of effort this year, three cases that went up before the supreme court, in the end he sort of shrugged his shoulders and that's an issue where you may see an impact from

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 while at the same time erasing the real rights of other americans. there is no right to abortion. that is nowhere in the constitution. be -- but there is a right to life to erase for 50 million children butchered in the wome since 1973 roe v. wade. if the president and i know he will, appoint a conservative justice with a conservative philosophy, roe v. wade and the other atrocities from the jew dish jare will take care -- judiciary will take care of themselves. >> jeanine: austan goolsbee, i assume you will have the opposite opinion. but isn't the president almost required to suggest someone who is an originalists, a constitutionalists? i think we can all agree that justices are not supposed to write the law. t

trudy wade, a picture along with word biggot. google admitted the error.e apologize to senator wade that this image appeared in the knowledge panel. in this case google says the image was posted on a student news blog. >>> southwest airlines making notable changes when it comes to its bay area rout starting in november. southwest is discontinuing his three daily nonstop flight from f f o to portland from orange county. it announced it will be adding several nonstop daily schedule at san jose airport. san jose will be offering 99 daily flights from 25 destination from s jc. >>> it's under ground by causing big problems above grand. this sink hole opened up on barns road. this was at river road exit 101. traffic was closed in both directions. only 2 feet wide but 6 feet deep. an eroded storm drain may have caused the collapse. the road reopened half hour ago. >>> mayor ferrell helped get the activity starts with the lgbtq flag raised at center hall. he declared today at kick kendal day. all celebrations all month long. starting june 24. >>> a duck stuckn sto

wade is a threat.don't march in lockstep like you brainless democrats do. >> you just talked about the division in our party. >> when it comes to the supreme court, he seemed to come through. in west virginia with joe manchin and claire mccaskill immaturity, this means something. if you want to make it about handmaid's tale, it's going to motivate. >> shannon: we don't want to make anything about it handmaid's tale. great to have you together. political programming note. tomorrow night bret baier and martha maccallum are going to be live in orlando moderating a debate for florida governor. tune in. congressman ron desantis and adam patman go-ahead dad. when we return, anti-trump fbi agent peter strzok goes to capitol hill to meet with lawmakers. guess who else showed up? catherine herridge. she tells us what he said and what happens next. so i drink boost to get the nutrition i'm missing. boost high protein now has 33% more protein, along with 26 essential vitamins and minerals. and it has a guaranteed

if roe versus wade isn't overturned it could be restricted.rett cavanaugh is at the top of the list. just recently he dissented when his court cleared the way for an undocumented teen to get an abortion. another one, amy barrett, she was at notre dame. during her confirmationearing, you could see that the democrats were really trying to get at her views of abortion. and she even got into a little bit of a spat with senator diane feinstein on religion. some people said that feinstein was looking for a litmus test there. another issue, the second amendment. tom hardiman is on this list. he's not one of the favorites of the federalist society, but donald trump really liked meeting him when he was a runnerup for the gorsuch seat. he has these opinions on second amendment, so that could come up in his hearings. another former kennedy clerk is ray kethledge. he wrote a digit privacy case that just got over turned. and the last one is interesting because he's very close to mitch mcconnell. that might get him over. and if indeed things get really hea

wade, on same-sex marriages, is that surprising?th noting that 80 or 90% of the time he was voting with the conservative block. that is why i think he feels comfortable handing this pick over to trump. if you read the letter, he says my dear mr. president. he feels confident handing that pick over to somebody whose going to pick something like neal gorsuch. the court is already conservative, the difference is now that the court is going to move even further to the right. further away from where america's at. one thing i think conservators need to wonder and be concerned about, if the court moves over further to the right and overturn roe versus wade is that going to fire up women to vote, women worth suddenly impacted by the decisions they didn't think would matter. >> what do you say to that gloria? >> i think that's absolutely right. i think it depends on who you chose. if it's somebody who has spoken out against roe versus wade, you could potentially lose susan collins and lisa murkowski. in galvanizing women, i think they'll be

wade is overturned. because even if you assume that the president's nominee is determined to do that, that may not be enough. it may not amount to five votes. because the only conservative on the court who's ever said anything specifically about roe v. wade is clarence thomas. so we don't know how samuel alito or even chief justice john roberts would vote on that question. justice roberts may say 45 years of precedent deserves some respect. where the action has been on abortion rights is in the states, on state laws restricting access to abortion, like the law in texas that last year the supreme court overturned that said in order to be able to provide abortion services, a clinic has to be built to ambulatory care standards and doctors have to have admitting privileges at nearby hospitals. those sorts of restrictions. what stage of a woman's pregnancy is abortion available. that's where a trump nominee might be more amenable to those state laws. perhaps if that texas law came up here with a new nominee t

wade, they're out.must have articulated that to the president. >> and he's been having calls with them. don mcgann had a call with senator collins yesterday or wednesday, i believe. so they're trying to court these senators on both sides of the aisle, especially these two republican senators. they need them on board. the thing we should recognize, they're not up for re-election. susan collins' term ends in 2020. murkowski 2022. they have a less of incentive to vote for this justice if they disagree with him because of political calculus or re-election worries. that's something that the president is thinking about. >> sure. they're not up for re-election. the red state democrats, joe manchin, heidi heitkamp, different story. the president is trying to woo them saying you could help me out here by voting for my supreme court nominee. >> a former republican senate leadership aide told axios that this is a terrible position for the red state democratic senators to be in. they're the most vulnerable. they vo

wade and abortion. you see sometimes it's immigration, terrorism, they pick various things that will motivate the base. that's done on polling and other things, as well. >> the deputy attorney general, rosrosenstein, felt used -- rod rosenstein, felt used by the white house in may of 2017 in which the letter he wrote criticizing then-fbi director james comey's handling of the investigation and announcement of no charges against hillary clinton, he felt used by the white house. one source tells the "times" that he's conflicted. they have four sources on. that what's your read of the deputy attorney general feeling reportedly used? >> i think he's got a right to feel used. i think he was. i have a lot of respect for rod. he's a career prosecutor, great admiration for the department of justice and the principles it stands for. early on in his time, he was asked to give a memo criticizing things that comey had done when he was fbi director. that gets trumpted out as somehow he's responsible for the firing.

kristen fisher on the battle over row v wade, what is fueling it and what are the actual facts. we begin with david lee miller in new jersey as the president heads to westminster for the weekend. >> donald trump spent half the flight time aboard air force one flying from joint they sanders to morristown, new jersey speaking with reporters on a variety of subjects. among them the nomination of a replacement for supreme court justice anthony kennedy. two women are now on a short list, a great groups of intellectual talent. in just over a week the president said he will reveal his nominee and starting this weekend he might meet with two candidates at his golf club in new jersey. >> we have some outstanding people. i have it down to five. >> the board the plane cameras were not allowed to record mr. trump's remarks but there is audio. the president discussed john kelly and reports mr. kelly might soon be replaced, he was noncommittal how long kelly would remain on the job while describing the 4-star general as, quote, a wonderful man. >> we had a very good relationship and achieved

wade the law of the land. that is done. roe v. wade will be overturned and there is no doubt that the top priority of the people advising president bush -- president trump in this nomination is to pick someone that will overturn row v. wade and the states will start passing bills to ban abortion altogether and i guarantee you in the next year the supreme court will have cases which will challenge row v. wade and i think it is doomed and abortion will be illegal in a significant chunk of this country in 18 months. >> and there is nothing that democrats can do about it, laura? >> well that is partly true in terms of the korcongressional ll and all politics are local and local voting is important to decide who will be in office to do that. but i do agree it is going to change the partisan view point of the supreme court but there is still a lot of steps that have to go in order to get a case before the supreme court and to overturn 40-year-old precedent. now it may be they will do death by a thousand cuts and narrow it and continue t

let's start with roe versus wade.actually in the third and final debate moderated by our own chris wallace at fox, chris started all in the supreme court and asked about roe versus wade. the president said he will actively try to overturn it but says he expected two or three pics on the supreme court and would pick pro-life justices. the president said at the time if you check the transcript, that he thought automatically, we would eventually see roe versus wade overturned. do you agree with that? >> no, i think the comments that you just play were correct. no perspective justice should be asked or would answer question about whether there going to vote in a particular case. it is much more important to inquire into the judicial philosophy. which will impact views in the area of law and on a more broad level. i also think it is the better, longer term view. because issues of the day, justice could serve in the court for 40 years. 30 years. they don't know what the issues will be in 20, 30 years.you want to know that y

roe v wade. >> he does not have a litmus test on roe v wade. you can look at the quality of the candidates puforward. 136 judges nominated for district and circuit court and know the type of candidate the president will put forward. what i find disturbing is democrat senators have already come forward and said it doesn't matter who he names, we're opposed. it doesn't seem like a democratic president when they're basally sayg, doesn't matter who, we all need to be opposed, nor matte what, don't allow the person a chance oftime, to review for credentials, already statements from democrats on the record saying we're opposed no matter what. >> woodruff: separately, a story in the "new york times" said the white house has been pressuring justice kenne for the last year and a half to feel comfortable stepping down this year, that it submitted private lationships between trmp and kennedy families appointed friends of justice kennedy to other justice positions, how do you answer that? >> the reality is j