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tv   Special Report With Bret Baier  FOX News  June 23, 2016 3:00pm-4:01pm PDT

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robot because it has escaped twice and they don't feel comfortable. >> it shows too much personality. they'll never take over. >> that's it for us, "special report" is next. a split decision that handed president obama a major defeat on immigration. this is "special report." good evening, welcome to washington, i'm shannon bream in for bret baier. in a 4-4 split, the eight justices on the bench blocked president obama's effort to stop millions of illegal immigrants from being deported. 26 states challenged the president's executive action on immigration, saying he overstepped his authority this was just one of the big cases the high court ruled on today. fox news senior judicial analyst judge napolitano is here with his take on the two big decisions out of the supreme court today. we begin with correspondent kevin corke at the white house, where the president insisted
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today his executive actions were not executive overreach. good evening, kevin. >> good evening, shannon, a 4-4 tie for the high court. the effect was an epic loss for the obama administration and its push to grand what some are calling amnesty. for millions undocumented immigrants. >> i think it is heart-breaking for the millions of immigrants who made their lives here, who have raised families here. >> a seemingly frustrated president obama today admitted he was beaten. for the remainder of his presidency, there was nothing more he could do to salvage his plan to spare millions of additional illegal immigrants from deportation, short of congressional action. >> we're going to have to make a decision about whether we are a people who tolerate the hypocrisy of a system where the workers who pick our fruit, or make our beds, never have the chance to get right with the law. or whether we're going to give them a chance just like our forbearers had a chance to take responsibility to give their
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kids a better future. >> the supreme court's 4-4 decision leaves in place a 2015 lower court ruling and blocks the president's program, that would have let undocumented immigrants stay in the u.s. for three years and apply for work per permits. >> this is a big victory for the 26 states that filed the lawsuit. and frankly for the american people. this is a huge loss for the administration. >> in a statement, texas governor greg abbott. whose state led the revolt against the obama plan said today's ruling is a victory for all law-abiding americans. including the millions of immigrants who came to america following the rule of law. it was the matter of immigration law, specifically who writes it, that had gop leaders on capitol hill hailing the high court. >> this is a win for the constitution. it's a win for congress and it's a win in our fight to restore the separation of powers. president's don't write laws, congress writes laws. >> the ruling all but guaranteed that immigration will remain a major issue for the upcoming
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presidential election in november. candidates from both major parties weighed in today, democrat hillary clinton said today's deadlocked decision from the supreme court is unacceptable and shows us how high the stakes are in this election. while donald trump tweeted, supreme court tie affirms lower court decision. keeps us safe from executive amnesty. the issue could come up again. the ruling thus far has been preliminary. they have all gone against the administration. they have been strongly against the administration. but we still have to consider those cases fully. >> shannon, what that means is in 2017, we could be talking about this all over again. especially when you consider the upcoming election in november. that means the next high court could have a decidedly different leaning, if you wi, at least ideologically, it could all spell frankly pave the way for a decidedly different outcome.
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something we'll be watching very carefully. shannon? >> kevin, live at the white house, thank you. the supreme court ruled in favor of the university of texas race-based admissions program in a 4-3 decision, the court ruled that the university's admissions program that considers race among many factors under earlier court rulings and is constitutional. president obama said he was pleased with that decision. the split by the supreme court over immigration highlighted the absence of justice antonin scalia and whether filling the vacancy on the bench would have done anything to change today's outcome. president obama thinks so, but others say that's just not the case. >> president obama not only denounced today's tied decision at the supreme court, which put a check on his executive power, but also used the loss as an opportunity to blast republicans for refusing to move forward on his nominee to replace the late justice, antonin scalia. judge mairk garland.
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>> those in congress are preventing and willingfully keeping the supreme court from functioning the way it's supposed to. >> garland's supporters say today's tie is the perfect example of why the senate must move forward on his nomination. >> if justice scalia had voted, the problem might not have been able to go into effect. but at least the supreme court would be doing its job and setting precedent on such an important issue. but with only eight justices, the supreme court can't function properly. >> not everyone is convinced. >> the court frequently ties. even with a full complement of nine justices, when a judge has to recuse him or herself. >> ambassador c boyden gray worked in the george h.w. bush white house and helped shepherd justice souter and justice thomas. he said the court has often functioned without a full
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complement of justices and doubts today's decision will convince the gop to move on garland. >> 4-4 ties are not unique. justice breyer says this is no big deal. they could rehear the case again when the spot is filled. >> evenly split court could have a big impact on monday, when we'll get the next round of opinions. at stake is a texas law regulating abortion clinics and doctors. a 4-4 tie would leave a lower court ruling upholding regulations in place. joining us now, fox news senior political analyst, napolitano. >> you get a one-page, one-sentence report that says we're split, it's done. it leaves the lower court ruling in place. >> it does. the lower court ruling addresses the president's overreach. which is not the basis on which the trial court made its ruling.
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they said you didn't follow the administrative procedure. you didn't give congress and the public to follow up on what you wanted to do. the apell@court said you overextended yourself. that's the law of the case now. one trial judge and two appeals courts judges, three human beings have enjoined the entire department of justice, the entire department of homeland security and the president of the united states from enforcing his version of the laws that he wrote in his executive orders. >> you remember one of the lower court judges here got involved with chastising the justice department. because he felt like the lawyers in this case had lied to him about what the administration was really doing. >> the 26 states that sued the justice department and the president and the department of phs asked for an injunction pro spektively. to stop them from enforcing the these executive orders in the future.
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four times the courts asked the doj, have there been any applications so far? have you been following the president's executive order up to this point. it turns out they were not telling the truth. over 100,000 undocumented immigrants have been granted asylum or residence or permanent residence, we don't know which under the president's executive order before the case got to the judge. he was so furious when he lied to them. he ordered everybody in the justice department to take ethics courses and he wants to know who were the 100,000 people, i want their green cards, we have to undo this. so the justice department has compounded this by not telling the truth to a judge. >> today, a number of prominent democrats said this emphasizes the need for the ninth justice. you and i agree that a justice garland would have met a very different outcome in this case. but also i don't think it will
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move republican leadership. >> here in the senate, which sometimes is chastised for caving. is not going to budge on this issue. they are either convinced that donald trump is going to be elected and you'll vastly different nominee than judge garland. or that hillary clinton is going to be elected and she has right to make her own nominee, whether it's judge garland or not, but they're not going to vote or judge on this nomination. >> we also have the affirmative action case, the university of the next tier of the remaining open spots, there's a holistic approach. they do use race as one of the criteria. today the court said for now they can continue with that. >> this is a surprising result. in my view. the university of texas, owned by the state of texas. the state of texas as all states are, prohibited from making decisions based on race, except in certain narrow circumstances.
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a series of laws, or proposals that the court calls structure scrutiny. meaning you have to have the strongest of reasons to do this. justice kennedy says -- if they say it's a strong reason, it's a strong reason. justice alito says, you've abdicated our role as judges by blindly following what the education folks in texas want to do. >> justice scalia's dissenting opinion -- >> justice alito -- >> justice scalia. >> it felt like scalia in the dissent. he was fired up and read part of his dissent from the bench as well. judge, thank you, great to see you. an abrupt end to a democratic sit-in on capitol hill that lasted more than 24 hours, today house democrats say they will take their fourth of july break after all. even though they say the fight for gun control is not over. they're exit follows a raucous night on the house floor where some house members livestreamed their protest after the republican leadership ordered
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the chamber's cameras and microphones to be turned off. chief congressional correspondent mike emanuel reports on the about-face from capitol hill. >> for 26 hours, house democrats held a sit-in expressing frustration with not being able to pass stricter gun control. civil rights icon congressman john lewis was front and center, defending violating the house rules. >> we will continue to insist, to demand, action, whether it's on the floor, or around america. we will not giving up. >> while over in the senate after four failed attempts at stricter gun control following the orlando massacre, a fifth measure came up today. it is a bipartisan compromise from maine senator susan collins. that would block gun sale to someone on the no fly list and would allow the decision to be appealed. it survived an attempt to kill it with eight republicans in support. a far cry from how things went down last night on the house floor. at one point texas republican
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congressman louie gomert was in a shouting match with democrats over who is behind the attack in orlando. >> republicans adjourned the house at 3:00 a.m. after voting to approve $1.1 billion to fight the zika virus, when lawmakers left the capitol, they faced gun control activists heckling them. >> shame on you. >> speaker paul ryan noted the bill house democrats want failed in the house committee and in the senate. and said this is election year nonsense. >> if this is not a political stunt, then why are they trying to raise money off of this? off of a tragedy? >> and ryan said there's a reason new gun control hasn't passed. >> because in this country, we do not take away people's constitutional rights without due process. >> house democratic leader nancy pelosi said her party cannot stop until a bill is passed. >> this isn't about politics, it's not about elections, it's not about campaigns.
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it's about the safety of the american people. we want this off the table. >> yet when pelosi was speaker and democrats controlled congress and gun crime was worse, she was unable to pass stricter gun control. even the ac lu has filed a lawsuit, the watch list dense individuals any meaning full way to correct their names and even congressman lewis complains he's been trying to get off a watch list for five years. >> john lewis is a well-known member of congress. now democrats are pushing for that bipartisan compromise measure, that susan collins measure to get a final vote in the senate next week, either way you can expect guns to be a central issue in the fall. shannon? >> and mike there's news tonight regarding the future of a member of congress, convicted on 22 corruption charges, what's the latest there? >> democratic congressman chaka fattah from the philadelphia, pennsylvania area has resigned effective immediately. fattah was initially tried to
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hold out until october when his sentencing date is due to happen. but house speaker paul ryan and other leading members of congress pushed him to leave sooner. even nancy pelosi, the democratic leader said that she, even though she is fond of chaka fattah, thought he was doing the right thing for his constituents in light of his conviction. >> mike emanuel live on capitol hill. thank you. five years after the benghazi attack that left four americans dead, the suspected ringleader will go on trial. in 2017. court documents show the trial for abu khattala has been scheduled for september 25th of next year. the justice department said in may it will not seek the death penalty. police shot and killed a man today who took hostages at a theater in germany. no one else was hurt. officers say the man was armed with a gun when went into the movie theater in a town south of frankfurt. he reportedly fired at least one shot before officers entered, found the suspect with several hostages and shot him dead.
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still ahead, donald trump gets off the campaign trail to focus on business, but controversy follows him overseas. and later the uk has voteds what's at stake if the country leaves the european union. think yotry nexium 24hr.'s best for your heartburn? now the #1 choice of doctors & pharmacists... for their own frequent heartburn. get complete protection with nexium 24 hour.
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donald trump is off the campaign trail, focusing on his business. trump is flying to scotland to check in on his golf resorts, even though trump is headed far from the trail, politics are not far from his mind. senior national correspondent john roberts reports from turnberry. >> as he prepared to depart new york for the official opening of his new golf course, donald trump had money on his mind. the federal disclosure that 20% of his campaign spending in may was paid to trump-owned properties. >> they do stories that trump receives money from his campaign. that's not the truth. i mean the fact is i have to by law, i would love not to. i would love to just use my places and not charge. >> trump sought to dismiss reports that he and his campaign are in dire financial straits with only $1.3 million cash on hand. today he forgave the $50 million he loaned to his campaign.
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and announced that with his matching funds, a 48-hour online drive net the $5 million. >> we're raising a lot of money, okay. you know when you saw that filing, that file was for a very short period of time. it was when we just started. >> while trump is seeking to put controversy behind him in the u.s., more will be waiting for him in scotland. david mill who refused to give up his property for trump's golf course near aberdeen, is now flying the mexican flag along with scotland in solidarity with mexico. social media has been buzzing with attempts to organize protests at turnberry against trump and hillary clinton's campaign put out a video mocking trump for being wholly disliked in scotland. >> donald trump has always been seen as something as a grotesque american curiosity in britain. >> as part of his campaign reboot, trump launched a new website, featuring statements trump insists clinton can't tell
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the truth there are signs that the new focus on clinton and fewer self-inflicted wounds have some republicans willing to give trump the benefit of the doubt. listen to what house speaker paul ryan said about trump today. >> we want to see the campaign improve in tone, approach and every respect. i heard he gave a good speech. i haven't seen it or read it. >> of course one speech does not a presidential campaign make. but if donald trump can keep going, the focus more well-disciplined approach that he has taken in the last few days, without committing any unforced errors while here in scotland, he could be back on track to winning back a lot of the confidence among republicans that he has lost in recent weeks. janet? >> john roberts on the campaign trail. at least overseas, thank you. the president's signature health care law could soon be extinct in one state. colorado voters will decide this fall over whether to exchange, exit the exchange for a universal single-payer system just for them. that might sound good to some --
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there's a catch, it's a big one. we report on what it could cost the centennial state to get out of obamacare and into universal health care. >> $25 billion a year. the price tag for colorado taxpayers if voters pass a proposed amendment to create universal health care. >> one state does it, the other state sees that it works and it spreads and that's what's going to happen with universal health care. >> under colorado care as it's called, every resident would receive health care, no deductibles or co-pays, a lifesaver for this family whose son's medication costs $35,000 a year out of pocket. >> i was looking this morning our claims are over $2 million so far. >> your claims are over $2 million for? >> for his medications. >> $2 million for his medications in one year? >> just from january to now. >> supporters say the feds would cover 13 of the $38 billion a year for this new form of care. but that's not even half the price tag and footing the bill
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is only part of the problem. >> there's a lot of people that are out to lunch in terms of what the economic consequences are of public policy-making. >> republican walker stapleton, leading a bipartisan opposition effort, says colorado care will attract a flood of new residents, chase away doctors and be a financial disaster. >> it's vitally important that we get the news out all across colorado on a national level about the negative implications of amendment 69. >> colorado's constitution is considered a testing ground for outside interests. like the passage of recreational marijuana in 2012. 13 states are looking to change or in colorado's case, replace obamacare through the use of a state innovation waiver to bypass key points of the affordable care act. the colorado hospital association, which represents 100-plus facilities says it strongly opposes this amendment. saying it does nothing to lower health care costs, but could lower the quality of care. shannon? >> thank you, alicia.
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the third baltimore police officer to go on trial in the death of freddie gray has been found not guilty. officer caesar goodson faced the most serious charges in the case. he was the driver of the van that transported gray the day he suffered a fatal spinal injury. he was the third of six baltimore officers to go on trial. the first officer's case ended in a mistrial. the second officer was acquitted. coming up, a clash of opinions. ♪ ♪ as britain decides to stay or go from the eu. whether to brexit. is up next. (man) oh, looks like we missed
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that contributes to ra symptoms. doctors have been prescribing humira for over 13 years. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ready for a new chapter? talk to your rheumatologist. this is humira at work. volkswagen is paying up to the tune of $10 billion for cheating on emissions here in the u.s. reports say most of the money will go to compensate 482,000 owners of cars that were
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programmed to turn on emissions controls during tests and then turn them off while on the road. the rest of the money will be used for penalties and an environmental program. green arrows for the big three today, the dow up 230, the s&p 500 up 28, and the nasdaq up 77. the economy, security and even immigration, all issues that resonate here in the u.s. and in the uk. where voters headed to the polls to decide whether the country should exit the european union. correspondent benjamin hall reports on the impact of today's vote. >> not even the rain could stop voters having their say in what has been described as the most important vote for a generation. at stage, the very future of the uk. and europe. earlier today, david cameron who led the campaign to stay in europe arrived at his westminster polling station, but remained quiet. last night, however, he was far more vocal. >> this vote, if we leave is irreversible. if you jump out of the airplane,
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you cannot clamber back through the cockpit hatch. >> those like cameron who want to stay in europe say it's simply madness to be cut off from the continent, the uk's largest trading partners and that economically it would lead to a massive recession. those who want britain to cut ties say that too many laws are written by the unelected bureaucrats in brussels. that the uk is not allowed to do its own trade deals and it has no control over its immigration or sovereignty. this vote has implications the world over. many are terrified of the economic consequences and the uncertainty has already sent shudders through the markets. while for others, including the u.s., it's very much about security. many europeans have argued it is a united european union which insures security. but others disagree. >> if the europeans think that it's the european union that gives them security, then kiss nato good-bye. and we'll see what vladimir putin thinks of facing not nato, but the european union.
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>> polls closed one hour ago at 10:00 p.m. local with results expected early tomorrow morning. almost 46 million people registered to vote. that's 70% of the population. meaning it could be the highest-ever turnout in uk history. and it does appear, shannon, to have been a record turnout. and also it's still on a knife edge. but the polls have it slightly in the favor of the remain camp. those who want to stay in europe, by about 52% or 54%. that still means that almost half of the uk voted not to be in europe that will mean a lot of questions, a lot of soul-searching in the coming days and weeks, back to you. >> as we await the results, benjamin, thank you very much. more inside on today's brexit vote. joining me from london is steve hilton. a senior adviser to prime minister cameron, the leader of the stay movement. but now hilton is moving for an eu exit. tell us your objections. >> shannon, the real issue on
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the ballot today was the fundamental question of who runs britain. when i worked in number 10 downing street with prime minister cameron, it was a shock to discover that over half of the legislation and regulation that we as a government had to introduce, actually came from the european union. which in a way is like a federal government for europe. now as you mentioned, i run a company now in america, i'm based in california. that's where i've been living for four years. so i understand how americans get frustrated and angry with the federal government in washington. but at least the president is elected. at least congress is elected. in the eu, the people who are generating all this legislation and regulation are not elected by anybody. and the governments that are elected in countries like the uk, can't do anything to stop this stuff from happening. and i think that's why people are so angry and that's why you've seen this real popular movement across people from all different political parties, to
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say we want control back over big issues like immigration and the economy, the things that really affect our lives. that's why however the result goes, i think it's been a really significant expression of a desire for control over people's daily lives and the things that matter to them. >> you've heard the objections, the warnings about what would happen to the british economy if they were to pull out of the eu. there are studies that say trade would drop between 8% and 29%. there are many who say it would shake up the markets and create fiscal and economic instability. how do you respond? >> well the truth is, that the future is not certain. there are risks involved in life. and whatever happens in the referendum, we can't know exactly what's going to happen in the future. and so the question i think for the people of this country and this referendum is how do we govern ourselves in way that equips us best to take advantage
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of whatever the future throws at us? and i think the answer is to be able to control our economic policy. so that we can respond quickly and flexibly to whatever risks come in the future. >> okay. in a polling for those who wanted to be in the remain category, who wanted to stay it seemed that the economy was their top concern. for those who wanted to leave, it seemed immigration is what weighed on them most heavily. but those who were in the remain column say actually that flow was helping to fund public services and other things that are provided with in the eu like guaranteed health care. >> that's right. actually i think the question of immigration, which has been really very prominent in this campaign. in the end it's not about whether you want higher immigration or lower immigration. the real question is, who decides? who controls the level of immigration right now the bril government elected by the british people cannot control the borders of the country. because the rule that there is free movement of people within the eu.
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anybody from any eu country has the right to come and live in britain. now because there's obviously limit on the numbers of people that any country can welcome to come and live within its shores, what that really means is that the british government has to really clamp down on people coming from the rest of the world. that could make a really good contribution to the economy. and so it's another example of how being in the eu means that the british government, accountable to the british people, can't actually control fundamental aspects of policies that affect people's lives. >> well we know you will be standing by as we are as well, crowdpac ceo, steve hilton, thank you for your time. for all your brexit-related news, check in with fox business, they'll have live continuing coverage as all the votes continue to come in and get tall idea tonight. today's supreme court decisions and what they mean for the immigration and affirmative
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executive amnesty. this is a win for the constitution. it's a win for congress. and it's a win in our fight to restore the separation of powers. >> the fact of the supreme court wasn't able to issue a decision today doesn't just set the system back even further it takes us further from the country that we aspire to be. >> two big decisions from the supreme court today. somewhat argue one of them was not a decision. let's bring in our panel, mercedes schlapp, columnist for the "washington times." and syndicated columnist charles krauthammer. >> we had a deadlocked decision, 4-4, it doesn't create precedent from the supreme court.
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but the end result it blocks the president's immigration deferral program. >> it's been a defeat for obama's administration, his answer, obama's aps was almost emotional. he talked about how it was heartbreaking and how you would be dividing families. at the same time you had the republicans saying this is about the constitution. that's exactly right. this is about the fact that the president cannot be writing the law, this is congress's job. we've seen "schoolhouse rock" and it is a blow to the administration, it's not the law of the land, this can change. this is why immigration will be an incredibly important issue in this election. >> we saw the candidates weigh in as soon as it came out. we have a little bit from hillary clinton on her statement. she said today's deadlocked decision from the supreme court is unacceptable and shows us all how high the stakes are in this election. she shows us the decision is a stark reminder of the harm
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donald trump would do to our families, communities and country. trump has pledged to repeal president obama's executive actions on his first day in office. >> this gives both parties another data point essentially to say, this is something specifically that is at stake in the fall election. both the immigration policy. but also more specifically, who these candidates would pt on the supreme court. because we did have a split decision today, a tie, this is an issue that can going g back before the court and who becomes the snint justice can determine the outcome of this. i think you're going to see clinton and trump really pushing immigration that's already an extremely emotional, hot-button issue and it's going to continue to get greater for the next four months. >> we did hear from trump. he said today's 4-4 supreme court ruling has blocked one of the most unconstitutional acts ever undertaken by a president. the executive amnesty program
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gave work permits and entitlement benefits to people illegally in this country. charles, today's decision, does it benefit a truch or a clinton campaign? >> i think julie's right, it energizes both sides, depending on where you are. but i think the most important effect is that if you put aside the policy. you can argue it either way. it's really a very strong statement from the court about the unbelievable overreach of this president, and his administration. it's not you know, a decision that is standing out on its own. this is the culmination of a string of decisions from the courts, rebuking the president and his administration. for time after time exceeding its authority and stepping over the authority of other branches. on monday a federal district court judge appointed by obama made a ruling opposing essentially saying calling
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illegal epa regulations on fracking. and the rebuke was a rather strong one. it was almost as if it was a judge was instructing a middle school class on the constitution. congress's inability to pass a law desired by the executive branch does not default authority to the executive to act independently. that's exactly what's happened now with the amnesty case. it happened with the recess appointment case. the president is a chronic, he's a recidivist on this issue. and he needed to be slapped down again. >> there was a decision on affirmative action. race as one of many factors in admissions processes for higher education. >> it's a smaller victory that the white house celebrated. it makes clear that affirmative action is here to stay. however race is still, will be narrowly tailored. they want the schools, the justices want the schools to insure that if they use race,
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it's going to be under what they call strict scrutiny. while it is a bit of a win for the administration, we're going to continue to see this re-evaluation of affirmative action in the coming years. >> and julie, a very lengthy dissent from justice alito. in reading from the bench. he talked about how this ruling he thought would enforce stereotypes that are ugly and that we as americans don't think are positive to have about our fellow citizens. >> affirmative action is one of those issues that i think is hard for anyone on either side to have kind of a clean, good feeling necessarily about it. because there are pluses and minuses on both sides. i think that you really saw that in argument. that even if people think that this is positive. there could be negative stereotypes applied to people who benefit from the program. i think that was a very interesting argument he made. >> it reminds you how much we miss nino scalia. this would not happen had he not passed away.
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tragically and prematurely. affirmative action has its pros and cons in terms of its effects. but it is so plainly a contradiction of the constitution. equal protection. and the civil rights act itself, that it makes you wonder how long it will persist. sandra day o'connor in upholding it had said it's going to be another quarter century. we're halfway there. let's hope she was right zwlxt there have been a number of bites on this apple. the affirmative action for higher education. the court fight may not be over. next up, gun control, a whole lot of fuss on capitol hill is there now a path forward? we'll discuss. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex.
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engage in some form of nonviolent action, a direct action that we may find a way to drama advertise the issue. to make it real, to make it simple, to make it plain for the american people to understand. >> the democrats offered this gun measure they claim they want and it failed on a bipartisan basis in committee. there was a vote. they are trying to get on tv. they are sending out fundraising solicitations like this one.
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house democrats on the house floor, your contribution will go to the dccc. if this is not a political stunt then why are they trying to raise money off of this. off of a tragedy? >> we are back with our panel to talk about it. charles, the speaker tried to go out today and say, listen, we did have a vote on some of this stuff they didn't win there but they took to the pr battle but a lot of people think they won that battle. >> look, the speaker gave the answer inadvertently, of course it's a pr stunt and it was a successful one. the whole idea was not to pass legislation. the same way the legislation is not intend to do actually decrease these incidents or decrease the violence caused by guns in the country. everybody understands it's not going to have this effect. it never does. it wouldn't have had that effect in the orlando massacre. this is all about the elections. this is all about appealing on this issue. and as we heard the congressman say is about
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making it simple. keep the guns out of the hands of terrorists. if it were that simple, there would be a simple answer. there isn't. this is tunism by democrats who think, perhaps they are right, that the pendulum has swung on the gun issue. it swung against them in the early 1990s when they lost the house in the gingrich resolution and president clinton stayed away from guns and that issue for a long time. and now it appears that it might be successful so they are back to trying it as an issue for their side again. >> julie, how do the republicans take the narrative back whether you have a civil rights legend, a hero like congressman john lewis out there leading this fight all night, this sit-in. >> that, i think, was a really powerful moment no matter where you fall on the gun issue to see john lewis sitting on the floor of the house last night. i think that politics is really about the story that you tell and getting the poll on your side.
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if you look at the gun issue even before orlando. newtown in particular you saw the public move toward backing things like broader background checks and preventing people on the no fly list from being able to buy a gun. obviously the details of that are much more complicated than it looks in apology question, but i do think you are seeing republicans, susan collins, ron johnson and others who are looking for some way to address some of these concerns that we see from the public. >> on monday night though, mercedes, there were four different pieces offered in the senate two by independents and two by democrats. and think about the one authored by chuck grassley g.o.p. it did have additional funding. democrats voted that down. all we are hearing about are the measures that the republicans voted against it's really unfortunate. the key that's miss something that democrats and republicans all agree that
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terrorists should not be able to buy firearms. missing due process. we are protecting the second amendment but also got to protect the fifth amendment. that's where we haven't been able, congress hasn't been able to reach that bipartisan support. it really is unfortunate. because, when you look at the democrat bills, like the feinstein bill, that's a component that's completely missing. it's giving the power to the justice department to who gets on thai list. if that's the case with the feinstein bill what happens to it is the fact that people would have to buy, get a high priced lawyer, file litigation and present it to the judge so see if they can get off the list and buy a firearm. that's a very big challenge for law abiding citizens. that's why you need the due process protections. it's unfortunate that the democrats cannot get on board. that's why the sit-in did miss that fact. yes, you talk about the second amendment and you talk about gun control. at the same time, you need to ensure that you have due process protections in place. >> final word to you, charles.
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>> our friend steve hayes was on the no fly list. i say any piece of legislation that keeps a gun out of his hands is okay with me. have you ever seen him after a bad packer's loss? >> it is tough emotionally. >> dangerous. >> well, i have to the to say today this spilled over to the supreme court as well because while we were awaiting a decision on abortion and regulation of that today i saw one sign that pointedly said that lawmakers should be regulating guns and not uteruses. >> that's it for the panel. stay tuned. we have update on donald trump's possible vp pick. you will hear it here. complete protection from frequent heartburn. nexium 24hr. the easy-to-swallow tablet is here. you can use whipped topping made ...but real joyful moments.. are shared over the real cream in reddi-wip.
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finally tonight, donald trump has made his vp decision. apparently choosing himself. a so-called mini donald he cloned 14 years ago. this video will explain it first order of business for the ticket, apparently, prank calling his top rival hillary clinton. >> hey mini donald, i've got an idea. let's prank call hillary. you pretend to be bernie sanders. >> hello, secretary clinton, this is senator bernie sanders. is your refrigerator running? [ laughter ] well, so am i, and i'm never ever dropping out! >> the kid is multitalented.
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he does all kinds of mini donalds. who knew. thanks for inviting us into your home tonight that is it for "special report" fair, balanced and unafraid. greta goes "on the record" right now. the u.s. supreme court tells president obama no, he can't do it. the deadlocked supreme court blocking the president's executive order immigration plan to shield millions of illegal immigrants deportation. also shields the right to work in the united states. this is a major blow to the president that could have defined his legacy. texas attorney general ken is following and texas solicitor general argued the case both go "on the record." good evening, gentlemen. >> thanks for having us on. >> good evening, greta. >> general, first to you, is this a dead lock or a smackdown of the president? >> obviously four-four, but it gives us the win we were looking for. we won at the fifth 60 and

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