could be a big hour. we'll watch it together. dana has this friday off. i'm bill hemmer live in new york city. hello to you, gillian. >> gillian: the first hour went pretty quick. i'm ready. >> bill: yesterday we got the ruling on the abortion drug, the supremes said you don't have standing to bring this case now. maybe it comes back in six months or a year. it was a unanimous decision. what is left here? there are -- by my count there are two weeks and maybe a few days and change if you want to extend the summer session by a few days into early july. they have done that in recent years. not suggesting they will do that this year. that's the window of opportunity we have for a number of significant cases. >> gillian: it's an option if they want it. >> bill: i mention immunity. you have a case regarding january 6th and three of the january 6th defendants who brought a case. you have another case about abortion restrictions. you have a second amendment matter on the line as well, and two first amendment cases that are yet to be decided. >> dana: also, bill, as we wait these potentially very big decisions now, you know, the background here is that the court's credibility this term, alleged, politization has been in the spotlight with justices thomas and alito. the focus of a lot of attention and chatter in the background. >> bill: the progressive left has gone after those two justices and in a public way. see whether it ends up anywhere in the end. even drawing their wives into those headlines and stories. two minutes past the hour. we're watching the wires and have a great team lined up. when we get one we'll bring it to you. stand by. we'll wait. [sirens] >> bill: so we have this now from the middle east. hezbollah terrorists launching hundreds of rockets and drones from lebanon into southern israel bringing the two sides closer to the brink of a war. will that happen? hopefully we won't go there. i want to mention right now we did get a decision from the u.s. supreme court. gillian, i'm reading off the wires the u.s. trustee versus john q. hammonds. it doesn't appear to be one of the major cases that we do not have on our radar now. that's the first one. could get two or three more. that's what we're watching from the u.s. supreme court. now we jumped the gun. back to the middle east we go and what's happening there. >> gillian: israel and hezbollah are trading fire along the border on a near daily basis. the latest escalation is coming on the heels of an israeli strike that hit a military site where they have rockets in its arsenal. this is a little shocking that can reach nearly all of israel's major population centers. >> bill: 2006 was the last time they had a war. the u.s. is still seeking a hostage deal and cease-fire in the south with hamas in gaza. >> we've seen hezbollah continue to take really aggressive strikes across the border. fires break out in northern israel yesterday as we saw last week as a result of strikes that hezbollah took. it remains an extremely concerning situation that we're trying to resolve. >> bill: robert greenway has a lot of thoughts. alex hogan is live in london leading this hour. >> attacks hammering the northern part of israel today. i talked with one contact who was there in a largely evacuated town who says that every single day it seems to get worse. so this is a look at what's taking place today. fires breaking out across the border after missiles were fired from south lebanon toward those northern israeli towns. as you can see in the footage, emergency response teams quickly arriving on scene. this follows months of tensions between the idf and hezbollah, strikes that have only increased in recent days especially after the iranian-backed group vowed to escalate attacks after one of its senior commanders was killed earlier this week. the u.s. navy is warding off attacks from the houthis in yemen. yesterday they launched two anti-ship cruise missiles hitting and setting a commercial ship on fire in the gulf of aiden. one person was wounded. washington is doubling down on its diplomatic efforts for a cease-fire reiterating a peace plan for gaza means calming the rising tensions in the region. >> we're ready to seize any opportunity to make sure that should we achieve a cease-fire we can turn it into something more meaningful and enduring and lasting. >> still a lot of frustration for negotiators this week given that the current deal on the table is very similar to the demands made by hamas back in may. still hamas is not willing to strike that deal. >> bill: alex hogan watching it carefully out of london today. thank you. >> gillian: let's bring if robert greenway. former senior director of the national security council and principal architect of the abraham accords. want to get your reaction to this first off the top. president biden in italy was asked about the hostage deal by fox news. take a listen. >> president biden, did you have a chance to discuss a possible cease-fire? >> president biden: yes. >> are you confident it will be done soon, sir? >> president biden: no, i'm not -- i haven't lost hope. hamas has to -- >> do you think hamas's proposal back is acceptable? >> gillian: so to hear the president say that they have essentially now stalled out on any kind of hostage deal is quite something. what did you make of that? >> talks collapsed wednesday and not a surprise. exposed a rift between the united states and israel. it exacerbates the problem. some 120 hostages remain including five americans, four were rescued by the israeli, 43 died in captivity. unless we're willing to apply coercive measures to encourage we'll continue to get this impossible position. every time the u.s. administration says hamas is not acting in good faith or not being responsible party, it's no surprise. they are a terrorist organization and anticipate they will act as such. i would like to believe the united states is taking the steps israel has to recover our own hostages but we're constrained by our own policies. >> bill: almost wishful thinking. blinken said the haggling has to stop. no duh. we knew that months ago. >> how many of those 120 are still alive? >> i don't have any idea about that. no one has any idea about this. >> bill: you mentioned the americans. let's make demands for them. that comment there is stunning. i think the world knows it. robert, no one knows how many hostages are alive today. >> that's exactly right. again, instead of applying pressure to get the outcome we want we're negotiating with them and in some cases negotiating for them and can work in a good cop, bad cop scenario, but if all we're providing is incentives and resources no surprise they are unreasonable. >> gillian: there was a sense of new energy and optimism but a cease-fire deal. behind the scenes in my normal day job covering the state department officials over there were sort of talking every day about how the israelis had a new sense of commitment to getting a deal done at that moment. do you have any sense of what changed over the course of just a few days to the point where we now have the president saying we got hope but not much else? >> look, i think the hope was false all along. it was an unrealistic expectation in a misread of hamas's position. hamas believes the united states is actually in their corner con strange israel and advocating for access to additional resources. that disconnect has resulted in the collapse of negotiations. this is reality ambushing the assumptions the administration falsely held. >> bill: robert greenway, thank you for coming on today. really appreciate it. we want to talk about yemen and what is happening with the houthi rebels. we are spending a lot of money on behalf of the u.s. navy. a conflict by a third world country that could go on for some time on the cheap. a u.s. supreme court ruling right now. thank you, sir, for your time. nine minutes past the hour. a case about bump stocks. so this was a second amendment question and it was challenged by the u.s. supreme court. the question is, whether a bump stock, which is an accessory to a semi automatic rifle that allows the shooter and users of that weapon to rapidly reengage the trigger and fire quickly. it converts the rifle into what many consider a machine gun. the court holds that it does not stand by one second -- justice thomas, stand by, we want to get this right. hang with me. the third and final ruling of the day a case garland versus cargill. the bump stock case. it is by justice thomas and the vote is 6-three. sotomayor dissent joined by kagan and jackson, 6-three ruling does what to the case about bump stocks in the second amendment. >> essentially, bill, what they are saying the atf exceeded its statutory authority by issuing a rule that classifies a bump stock as a machine gun under statutory law. so reading through now we would expect when we see justice thomas is the one authoring this opinion it would leave in favor of what are viewed as second amendment rights and sounds like he put this coalition together that looks like a 6-three split here in favor of pushing back against what the atf did. thomas, roberts, alito, kavanaugh and barrett together. alito supports what they have done with a con curing opinion. sotomayor has a dissenting opinion with kagan and jackson. as we read through here, pretty lengthy. justice thomas is saying atf went too far. not a machine gun. >> bill: you keep reading there. this goes back to the massacre in las vegas, nevada when the gunman was on the top floor of that hotel at the country music concert. the headline from the a.p. is this. supreme court strikes down the trump-era ban on bump stocks that rapid fire gun accessory used in the massacre of 2017 in las vegas. that's the ruling on behalf of the court, shannon. >> it is and in justice alito's concurrence which is very brief he mentions that shooting in las vegas trying to get to that language here when he talks about that. essentially he says this: it was a horrible shooting spree but it did not change statutory text or its meaning. he says that event did demonstrate a semi automatic rifle with a bump stock can have the same lethal effects as a machine gun and strengthens the case for amending the language of the law. but he says an event that highlights the need to amend the law does not itself change the law's meeting. he agrees with what the majority did here and says atf cannot extend the statutory definition of the machine gun to a bump stock and he does note that las vegas event. of course, that was foremost in people's mind when this move was made. he says the remedy for the problem with bump stocks and machine guns is about congress. they have to amend the law. if they had done that the atf may have stuck with its earlier interpretation. congress needs to act. that's so often what we hear from the court. they have to be the ones to take care of the statutory language and what we're hearing from the court this time around. >> bill: the guidance i'm given now this is not considered a second amendment matter. andy mccarthy is on it as well. andy, join the conversation. what is your read? >> i think shannon's summary of this is perfect. the only thing i could add to it is i think this is a trend of this court as you have just observed. really, i think it is less about guns and more about the administrative state. what they are saying is that they want -- unless there is something that's very clear in congressional statute that authorizes an administrative agency to take action, what they are saying is they want action taken by the congressional representatives who are answerable to the people rather than bureaucrats in the administrative state. >> gillian: this is gillian. this was a response to a trump administration move that banned bump stocks as bill laid out a moment ago in the response to the mass shooting in vegas in 2017. in this case you had this sort of weird setup where you had the nra arguing against that trump-era law. so we're now seeing the way it is teasing out. it looks like the justices are siding with the nra. >> well, i think what they are siding with, gillian, most is stability. what they don't like -- and i don't think what anybody should like is the idea that congress just doesn't act and these administrative agencies feel like they can make it up as they go along. what happens is as each president from a different party comes in, they decide to change everything through the administrative agencies. what is supposed to happen in our system is congress is supposed to enact laws because those theoretically are the laws desired by the people who congress represents. whereas with the administrative state, they're bureaucrats and they don't represent anyone. >> bill: exactly on that point alito suggests that congress, quote, can amend the law and perhaps would have done so already if the atf had stuck with its earlier interpretation. back to shannon on that. i know you have more, shannon. you have just read more. what do you have? >> yes i'm looking at the dissent again authored by justice sotomayor and joined by kagan and jackson says this. the court is putting bump stocks back into civilian hands. to do so casts aside congress's definition of machine gun and she argues seizes upon a definition inconsistent. when i see a board that walks like a duck, swims and quakes like a duck i call that a duck. a bump stock rifle, i like congress call it a machine gun and i dissent. so clearly they see the statutory language very differently. but she is very full throated and also in that dissent mentions the events of las vegas from 2017 so clearly that is woven through this opinion as both sides debate what the atf did. the majority saying they went too far. a bump stock does not under the statutory language according to the majority equate to a machine gun. >> bill: jonathan turley joins our coverage as well. give us your first reading on this ruling now. >> well, this is a very big victory for gun rights in the sense that even though this is a matter of interpretation and the authority of federal agencies generally, this limits the ability of the atf to adopt broader definitions to accomplish limitations that congress has not approved. and so while it is certainly true that this goes beyond the second amendment, this is a huge victory for the nra and other gun rights groups. they were concerned that the atf was circumventing congress and abandoning its earlier position on what constituents a machine gun. and the majority really takes after the defense in a footnote and says you keep on saying that we're ignoring how bump stocks work but they said quite to the contrary, this is not a machine gun. it does not with a single pull have an automatic firing mechanism. the majority puts in diagrams and pictures to make out that point. you have in dissent justice sotomayor saying it still walks and quacks like a duck it must be a duck. the majority is saying you are in the wrong species. this is not a duck and it doesn't even look like a machine gun. >> bill: to refresh the memory of our viewers the gunman that day, a lot of people still have questions how it all happened and how it was carried out, fired more than 1,000 rounds, professor, in 11 minutes' time and he was elevated by several floors and this was -- they were easy targets for him that night. they left 60 people dead and injured hundreds more, professor. a texas gun shop owner challenged the ban put into effect on behalf of the trump team and argued the justice department wrongly classified the accessories as an illegal machine gun. >> that's right. there is no question that a bump stock allows for a higher rate of fire and there is no question that we were all appalled by what occurred in las vegas. what alito says none of that is before the court. this is not a super legislature. the dissent is acting like a legislature by allowing the atf to redefine an accessory of this kind to convert non-machine guns into machine guns legally. he is saying that is the role of congress, not the courts. and i think that he is right on that. when i taught this case in my supreme court class, i had lots of students that aren't exactly pro-second amendment and yet they actually came out the same way, that they didn't see how you could use this change of definition to convert this into a machine gun. it is a very difficult opinion for the court because many of us were traumatized watching what happened in las vegas. many of us don't see the value of bump stocks. but that is going to the merits of the legislation. that legislation hasn't occurred. the reason is that they might have had trouble in congress. alito thinks they could have gotten it through but they should have tried. >> bill: turley, mccarthy, bream, stand by. david spunt is outside the court. reaction there and are we done for the day? we are done for the day, bill. we did not get the big immunity ruling that would describe former president trump's fate as far as it comes to him potentially going to trial here in washington, d.c. for his alleged efforts to overturn the 2020 election. but back to this gun thing, i have reached out to the atf, also the department of justice waiting to see if any sort of statement. i've been told by a d.o.j. source they don't expect anything right now from the attorney general. he is one of those in the administration pushing for this ban on bump stocks. just like the prior administration did, too, as we mentioned. this was something that came about during the trump administration. i was looking back from december of 2018 when then acting attorney general matthew whitaker said it is important to ban bump stocks, bill. >> bill: thank you to all of us waiting there at the u.s. supreme court. in a moment quickly key part of the democratic base might be you have questions about workplace safety. the white house, what a new report says about the president's own dog and the secret service. ams of protein! those who tried me felt more energy in just two weeks. -ugh. -here, i'll take that. woo hoo! ensure max protein, 30 grams protein, 1 gram sugar, 25 vitamins and minerals. and a new fiber blend with a prebiotic. 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