and, you know, they know that this is going to be a different court going forward. justice kennedy was the center of this court in a way that no one in my lifetime the power he exercised was so enormous on abortion, on affirmative action, on campaign finance, marriage equality, all the gay rights cases were written by justice kennedy. he s gone, and he has been replaced by someone who was selected by the federalist society because he disagreed with justice kennedy on all those issues. it s going to be a very different court. and you think you re going to see that very quickly. it depends on at the moment the cases in the pipeline are not super earth shaking, but it never takes long for these cases to come up. and in a lot of these states, the more conservative states, they know who s on the court now. they re going to pass abortion laws that are going to force the justices to reevaluate roe v.
on the timing of this retirement, sound number one. watch here. president trump: a great man. and i m very honored that he chose to do it during my term in office because he felt confident in me to make the right choice and carry on his great legacy. bill: you have republicans still in control in the majority of the senate. jessica you wonder if democrats can do anything to stop this. my guess is no. and it comes during an election year. what s the impact of that do you think? the impact is tremendous not just on the election but for the next 30 or 40 years in the country overall. the president is right half right there that justice kennedy was retiring when a republican was in office. i think having neil gorsuch who was his law clerk and favorite clerk as the first selection by president trump made him feel safer in making this decision. the impact is tremendous, justice kennedy is a swing vote in gay rights cases. a lot of talk now versus roe v
lines. the gay community was fully expected justice kennedy to be on their side. he has been the tipping point in all of the gay rights cases. in all of them but this one, he has been oir de. neil: all right. so doesn t necessarily telegraph a future decision. no. i hate to use this phrase but it kicks the can down the road. knows this issue. the clash between civil rights and religious preferences is going to come back and they ll have to recall with some idealogical consistency rather than oh, it s just this one case. neil: amazing. judge, thank you. we ll look at the fallout from this as we monitor the reaction to this. it seems to cut a number of variety of legal ways. reaction to the incredible press conference today where sarah sanders was caught having to drag back some arguments that the white house was making during a certain meeting
i ve always thought that this executive order, especially the second version had a much better case in the. see supreme court than the lower courts and certainly not this unusually long order, 16 pages, that that persuades me otherwise. jeffrey, ask you to stand by. a quick break. ahead, the gop s difficult hunt for 50 appeal votes and more on the final day. action on two big gay rights cases and the a lot of buzz about a potential retirement. (dance music) (large boat honking) i m living that yacht life life life life top speed fifty knots life on the caribbean seas it s a champagne and models potpourri on my yacht made of cuban mahogany
same-sex couples come to a stop. the discrimination has been happening for decades and justice kennedy seemed deeply concerned about the dignity for the same-sex couples and that is key here. he s authord three pro gay rights cases and a consistent theme is his concern is discrimination against gays deprives them of their dignity. through all of this there was a surprise moment when a protester came into the court and said that same-sex marriage would be an abomination of god, dragged out and a movement of levity when justice scalia said that was refreshing. back to you. that s one way you can put it. talk about protesters in the courtroom you re going to hear the protesting outside on the steps of the supreme court. that often happens when you are talking about an important case like this one. pamela brown there for us. thank you for being with us at this hour . legal view with ashleigh banfield starts after a quick break.