replacing justice breyer. he's already said he plans to select the next justice based on race and gender, alan. mr. turley, jonathan turley, said it raises a question on whether it's actually appropriate for a politician to use such a criteria that the court itself has found unconstitutional. >> yeah. i would go even further. i think it may be unconstitutional. if he had said he was going to appoint the first black -- the first muslim to the court, that would be unconstitutional because the cushion, article vi -- the constitution, article vi specifically provides no religious test shall ever be required. i think that should be extended to racial and gender texts. nobody should be excluded because they don't fit a racial or gender criteria. there are enormous numbers of qualified black judges and professors who would make great appointees to the supreme court, and i would applaud if the president appointed somebody who also fit those criteria. but to announce in advance no