as neil gorsich was seated in the court. it's not a decision based on the facts. it's based on the competition and political ideology of the supreme court at this moment. >> that is broadly true. the court reflects its appointees and reflects to some degree the party that owns the white house. they refused obama's nominee in 2016. if you play what if, eventually it cancels everything out. if trump didn't win then gorsich wouldn't be on the court but there wouldn't be a travel ban to rule on today. the larger point goads a little deeper tonight. courts are still, with everything going on now, they are still a guardrail for the constitution. that's a good thing. they're not there to overrule any old bad idea that people may want out of the the political arena. the constitution gives the