tv Legal View With Ashleigh Banfield CNN August 4, 2016 9:00am-10:01am PDT
hello everyone. i'm ana cabrera in for ashleigh banfield. great to have you here with us "legal view." it is 96 days until the presidential election, and now more than 24 hours since donald trump picked a public fight with someone not named clinton or obama. now coming off his attacks on gold star parents, his refusal to back the republican house speaker for re-election to congress, trump was said to be stirring up anger, anxiety, even panic in the gop as well as his own campaign. not true, the nominee claims. >> i just want to tell you, the campaign is doing really well. it's never been so well united. i would say right now it's the best in terms of being united that it's been since we began. we're doing incredibly well. >> let's bring in cnn's phil
mattingly, covering trump's self-inflicted drama the past week, joining me in new york with cnn political director david challion. phil, he had a couple of uneventful rallies yesterday in florida. is the train back on the track and have we dispelled any idea of a campaign intervention? >> it's a low bar when just getting through two rallies without throwing everything into chaos is considered a good thing, but it's still the bar. and i think the answer is yes. look, the campaign when you talk to senior campaign advisers who are pretty united where they stand and where they want the campaign to go forward they recognize keeping donald trump on message is the only way to win and also, there are real opportunities there. attacking hillary clinton. hitting on national security issues. talking about the iran deal, all of these are issues they think donald trump not only can, if he hits on them he can do well can he win riding the issues through november. >> i'm glad you said that. let me stop you there.
he did hit on clinton yesterday. ron, let's listen to the sound and i'll have you react on the back side. >> we let isis take this position. it was hillary clinton that she should get an award from them as the founder of isis. it's what it was. >> so ron not withstanding the merits of claim he just made, is this what the party wants trump to be talking about? >> absolutely. and the way he phrased it, though, really kind of encapsulates the challenge. you know, as we talked about before, it is very hard to win a third consecutive term in the white house, for one party. since world war ii we've only seen it one in 1988 when george h.w. bush was able to follow up eight years of ronald reagan. by the end of two terms awe cumulated a lot of nixon bruises in the white house. 1600 pennsylvania avenue is a dangerous place. lots of things the out party can point to and certainly the rise of isis in the mideast, the slow growth in the economy in the
second quarter, the questions about the payment to iran, all of these are in a normal time would be front and center in the presidential race but what has happened is that in donald trump, republicans selected a nominee who is so polarizing and outside of all of the normal boundaries of politics that the election i think david would agree has become more a referendum on him than a referendum on change and deal with a candidate looking at 60% unfavorable, 60% of the country say is unqualified, a majority says he's racially biased against women, against minorities and women and so he becomes the center and all of these traditional vulnerabilities of the eight years i think move into the background. >> i'm glad you brought up farve farve favorability rating. president obama got a birthday gift. >> our cnn/orc poll shows high's pproval rating of the second term, 61% approve, 38%
disapprove. that's welcome news. in the clinton campaign to ron's point, i think the trump campaign they are looking to spend the next 96 days flipping what ron just said and make it a referendum on hillary clinton, because they thought they could treat her like an incumbent, because it is the third term and usually, if an incumbent is involved, it does end up being a referendum on the incumbent less so about the challenger. every time donald trump goes off course, it becomes about donald trump. the tricky part is, those numbers. with barack obama at 54%, he's so politically healthy right now that a referendum on the obama/clinton administration, if you will, is maybe not the direction that the trump campaign wants to go. >> and you look more at those numbers when we break them down, obama's approval tops 60% among voters or people under 50. that is an area, group that hillary clinton has had a little bit of trouble connecting with.
remember the younger demographic was voting for bernie sanders in the primary. david? >> certainly the young college aimed kids were a huge problem but yes, if you look at the under 50, that was not necessarily her wheelhouse. that again shows you why the relationship of barack obama to hillary clinton is so important, because if he is that politically healthy with that age group, that has an effect on her. she's running with him as if he's her running mate on the campaign trail so there is the opportunity there for her to embrace obama's strength. now, donald trump sees opportunity as phil was saying and i think this is true, on foreign policy, on national security, on something like this iran deal, to start chipping away at whatever strength barack obama and hillary clinton have built up. >> paul ryan spoke today in an interview, we'll come back to you, ron, in a minute. i want to play this sound from paul ryan. he was interviewed for the first time since trump's essentially non-endorsement and he was asked about his own endorsement of trump, whether he's having second thoughts.
listen. >> i'm not going to get into speculation of hypotheticals. none of these things are blank checks. that goes with any situation in any kind of race. right now i think it's important that the voters, he won the delegates. he won the thing fair and square. it's just that simple. >> how's that for a non-answer about whether he regrets his endorsement. >> this is a very difficult position for paul ryan to be in, right? what's happening behind the scenes is bordering on outrage in the republican party for donald trump not getting behind paul ryan. paul ryan wants to win his primary on august 9th, no question about that but two, he's just walking this very, very fine line. now he acknowledged in the same interview everything that's happened in the wake of the democratic national convention with donald trump has been i believe his word was "strange" and he wished that donald trump would get back on message, too. but i think paul ryan is caught in this very, very difficult position of being a leader of the party, who recognizes that he can't support hillary clinton. he can't get any of his agenda
done if hillary clinton is in the white house, but behind the scenes, has a lot of problems with the current republican nominee who just so happens to want to pick fights with republicans like paul ryan on a regular basis. >> ryan, your thoughts on what we just heard? >> the language he used "not a blank check" was similar to what john mccain said over the weekend, the nomination is not unfettered license to demean the best in our society. both are kind of positioning themselves to eventually reach a point where they say no more. they are as phil said they are in a very difficult position. donald trump is doing fine among republican rank and file voters even the cnn poll at 89%, but a third of them in the poll say they don't believe he's qualified. third of them say they would not be proud of him as president, and you can imagine this fall, with the data targeting capacities that democrats have built over the last ten years, that republican women or even republican leaning women in the suburbs of denver and the suburbs of orlando and the suburbs of philadelphia are going to get mail with meg
whitman and sally bradshaw, former chief of staff for jeb bush and brent skowcroft and michael bloomberg all basically telling them in this case, it's okay to break from your usual partisan affiliation and vote democratic. where you'll see this weakness show up is not necessarily in big defection numbers among republican partisans but college educated whites, one in new hampshire he's down 28 points among college educated points, one in pennsylvania down 30, those are unprecedented and insurmountable numbers if they sustain. >> ron you teed up our next segment for us. thank you for the early tease. >> we try. >> thanks so ato all of you. we'll hear more from donald trump today a town hall in maine. up next hillary clinton pulling ahead in three states that trump's hoping to turn red in november. stay with us. this is the summer.
did you know people can save over $500 when they switch to progressive? did you brush your hair today? yes, mom. why? hmm. no reason. hillary clinton is making big gains over donald trump in a trio of battleground states. look at the numbers here, in the rust belt state of pennsylvania, clinton now leads trump by 11 points. in michigan, clinton is up by 9
points. clinton's biggest lead is in new hampshire, she's up 15 points there. clinton is also looking to gain some more ground in the key state of colorado, spoke to voters there where she knocked over trump's own products not made in america. >> i really would like him to explain why he paid chinese workers to make trump ties, this is one of them, it's got his name on it, of course, and instead of deciding to make those ties right here in colorado. if he wants to make america great again, he should start by making things in america. >> back with me now cnn political director david chalion, cnn national reporter manu raju. david, when you look at the polls clinton's favorability on
the states are rising. >> we saw her chip away at her unfavorables nationally as well. this is part of the post convention bounce. she had a very successful convention. these polls were taken immediately on the aftermath of that, as of the national polls that we see. the question is is this sort of a new normal for her and where the fall campaign begins from or elevated sense in a couple of weeks that will settle down, too, and it will narrow? we don't know the answer. with 96 days left, donald trump does not want to be 15 points behind hillary clinton in new hampshire or 11 points behind in pennsylvania. these are states he's very much relying on as he puts the puzzle together to get to 270 electoral votes. >> why is there such a gap right now? let's take a deeper look at the numbers. here's something else, new hampshire alone, this poll shows that 86% of the democratic voters there say they support clinton, compared to 63% of new hampshire republicans who
support trump. so m.j., what does this say about both parties now in the unity? >> well the fact that clinton has a 15 point lead right now over trump in new hampshire is really remarkable especially if you remember this is a state where bernie sanders defeated clinton badly. she was defeated there badly in february, during the democratic primary, in part because bernie sanders was really propelled by support from independents and young voters and as david mentioned some of this does have to do with timing and the fact that the poll was conducted after the conventions. if you look a little deeper into the numbers, 56% of new hampshire voters thought clinton came out of the convention stronger, compared to the pre-convention numbers and 39% said the same thing about donald trump, and the republican convention in cleveland. new hampshire is a battleground state where the clinton campaign should feel confident this is a state that is winnable. remember this is a state that obama won both in 2008 and 2012.
john kerry won there in 2004, and because this say state with such a big chunk of independent voters here is a state she has to work at winning over the sanders supporters who didn't support her back in february and the voters still feeling undecided, still on the fence, just starting to tune in and feel like they don't necessarily have an allegiance to the democratic or republican party those are the voters she has to work hard at winning over in new hampshire. >> we know there are a lot of republicans out there worried about how trump's polarization might affect the party down ballot and here's something, i'm not quite sure we've seen this yet but look at this new ad from republican colorado congressman mike kaufman who is battling to keep his seat. >> for me, country comes first. my duty is always to you. so if donald trump is president, i'll stand up to him, plain and simple. >> manu, what do you make of this campaign against trump strategy?
>> it's pretty interesting. i talked to other republican strategists today, and they do think that there could be other similar ads coming out, but it's a little bit harder for senators to do this than it is for house members. let me explain. in mike kaufman's district he represents the denver area, suburbs of denver, a lot of college educated whites, suburban mothers, hispanic voters, all groups that donald trump does terribly with, and kaufman wants to distance himself as much from trump as possible. he's in one of the most targeted house districts in the country, but when you run statewide as a senator, you need a lot of those donald trump supporters, which puts these senate republicans in difficult races in a very, very tricky spot, as they try to distance themselves from donald trump. case in point in new hampshire, we talked about the new hampshire poll, but there's a key senate race there where the republican senator kelly ayotte is down ten points in the latest poll largely because of donald trump but she also needs those trump supporters to come out for
her in november. so it's a difficult balancing act for a lot of these republican senators, one exception could be in illinois, mark kruk the senator there rescinded his endorsement of donald trump and republicans believe it has helped him there in that blue state. i'm uncertain if other senator also follow this tack. >> talk about the libertarian ticket, we our big town hall last night, you haven't had any sleep, going on five cups of coffee, david. it was interesting to hear them go after clinton and we are seeing this candidate ticket, bill weld and gary johnson chip away at her poll numbers. they went after her yesterday. listen. >> that they're making money off of this, as secretary of state, bill goes out, does $1 million speaking gig, and then the next day, hillary signs an agreement with the sponsor of that speaking gig and you know, that's not good. that's beholden, if you want to
say that. it smacks of pay to play. >> he's going after clinton. do you think, david, we'll see clinton go after libertarians? >> no, and i think he's actually drawing from both candidates right now. i don't think he's only taking away from hillary clinton. if you look at the polls. basically their argument because they also went after trump plenty in the town hall. >> they did. >> they kind of said trump's crazy, clinton's corrupt, look at us. that was sort of what they had to say, and obviously these two candidates are more unfavorable than they are seen favorably by the american people. there is an opportunity for another voice to get in there and get a hearing from the american people and that's part of why i think you saw last night their message of inclusiveness, gary johnson once said if i make mistakes i admit them. that's in sharp contrast to what so long on hillary clinton on the emails, so they definitely sound different. so if you're looking for an alternative there's a voice out there in gary johnson and bill
weld that may prove attractive. they still have quite a bit to go, they're at 9% nationally in our poll in the four-way horse race. got to get to 15% to get in those debates. that's the holy grail for them. if they can't get themselves on the presidential debate stage in the fall it's hard to remain competitive. >> m.j., what was your assessment? did the two guys present themselves in the way they needed to, to give the american people enough of a sense of who they are? >> well i think for sure the show right now is between donald trump and hillary clinton. certainly there's a segment of the population maybe looking for an alternative, when you go out and talk to voters especially in these battleground states, there are people who will say look, i don't feel convinced that donald trump is presidential enough. they're especially worried and concerned about some of the rhetoric they've seen come from him and on the other hand they feel like hillary clinton is too much of a known, they feel they don't feel like they can trust her and they don't know that they want to see sort of a third term of the obama presidency,
and so yes, these are two candidates that can present an alternative to that segment of the population. the question is, how big is that segment of the population, when it comes to november, and election day? >> all right, we have to leave it there. m.j., david, manu, thanks to all of you. we'll hear more from hillary clinton today at a rally at 3:45 in las vegas. we'll also hear from president obama again today. he has a live press conference from the pentagon at 4:15 eastern. we'll be monitoring these events and bringing some of it to you live right here on cnn. now we've heard from gold star families who are angry at donald trump after his feud with the khan family. now we hear from gold star families who support him. up next i talk to a mother who lost her son in afghanistan, and she just met with donald trump yesterday. let's start over here compwith this aluminum bed.eds. you put your toolbox up here... whoa!
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donald trump says no regrets. no regrets after bickering with the heartbroken parents of an american soldier killed in war, no regrets over what he said about that soldier's mother which was slammed across the political board and also by parents of other fallen u.s. troops. in florida yesterday trump assured his followers that plenty of xwoegold star familie love him. >> just a little while ago, i met with the gold star families. i met with six families that were, just like incredible people, and a gentleman handed me a check, and he said "you know, there trumr. trump, this your campaign." i said "you don't have to do
that." he goes "i do." he said "it's more money" and i haven't even opened it yet, i don't think i'll tell you how much it is actually but he said "it's more money --" wow. he said "it's more money than we can afford, but i want you to have it for your campaign." [ cheers and applause ] i think it's incredible. >> trump also added to his schedule yesterday a private meeting with several families as he mentioned of troops killed in iraq and afghanistan. that meeting was organized in part by karen vaughn, who lost her son, navy s.e.a.l. aaron vaughn, in afghanistan five years ago. and she's joining me now from south florida. karen, first of all, thank you for being here. my condolences to you and your family for the loss of your son. >> thank you very much, ana. >> take us inside that meeting with donald trump. how many families were there, what was the setting like, and what was your conversation with him? >> we had ten family members
there, and i put together a good cross representation i had some gold star children there, gold star wife, gold star moms and dads, and a gold star sister, and just wanted to kind of let mr. trump see it from every side and ask questions to every side that have been affected by these types of situations and the atmosphere in the room was very warm, very compassionate. if i could describe his demeanor with us, it was gentle, soft-spoken and tender and you know, i felt like he got what we've given. he understood. it was a very good meeting, and we talked about, we didn't talk about the khan situation at all because frankly, as a gold star mom, i'm not that easily offended by things like this. i don't hold it against anybody else who is. i'm just not personally, and most of the people i know respect' personally offended by things like that.
so we talked about substantive things. we talked about the way the war needed to move, that they needed to be fighting to win wars in afghanistan and iraq, not taking wars on for 15 years with no end game of victory. we talked about those sorts of things. we talked about rules of enga engageme engagement. we talked about the va and the way veterans are not getting the care they deserve when they come back from these wars. those are the things we spent our time on, what we could all together make a difference in the future with. >> okay, correct hme if i'm wrong, i heard you say you weren't offended by trump's comments reacting to the khan family and what was really created a bit of a controversy from people on both sides of the aisle. is that what i heard correctly? >> you know, just to -- yes, you heard that and just to clarify that, what i mean by that is, there's just a lot more important things going on. i mean this story has been going
on for a week now, and i'm not saying that mrs. khan probably had a right to be offended by it, but the thing is, let me just tell you my perspective. words don't mean as much to me as actions. that's just me. when my son was killed, he was killed in the largest loss of life in the history of naval special warfare, and we had 30 families at dover airbase waiting for our son's bodies to be returned from afghanistan and what we experienced there was, and i'm not just trying to -- i'm just trying to draw a contrast, not trying to bring up old news but what we experienced there is the families unanimously asked barack obama to not bring any media, to not make this a media event, that he was welcome to be with us but no media and he showed up with cameras, and the next day our pictures, or his picture saluting the caskets of our boys was plastered over every outlet in america i guess. i'm just saying if you're going to just be outraged that one
person says something that could be construed as a flippant remark without a lot of thought put behind it what about the outrage over things people do, the outrage over hillary clinton still to date insinuating those grieving parents who say she said one thing must be mistaken. you know it's just actions mean a lot more to me than words. that's just kind of the angle i come from on it. and i have full respect for the khan family. i'm thankful for them. i'm thankful to god for his son and willingness to fight and die for their country. i admire their family so it's not personal about them. i just think a lot of us come at these things from different angles and see it differently. >> tell us about your son, before we let you go today. >> thank you. you know, aaron was an amazing human being, the most important thing i ever tell anybody about him is that he loved god, he loved his family, and he loved his country, and by the time he was 8 years old, he knew exactly what he was created to be,
overcame unimaginable odds to get there, made it all the way to the tip of the spear with s.e.a.l. team 6 and he was just a phenomenal human being, was married, had two little babies, a boy that was not quite 2 and a daughter that was 9 weeks old the day he left us and left this earth, and you know, he was the kind of person that seriously just exemplified america, everything that's good about this country. he loved it, and right now, what i want to do is i just want to have a voice to keep fighting for the principles and the causes that he gave his life for, ana, that's all. >> and he lives on in his children. how are they? >> they are doing well. it's been this saturday will be the five-year anniversary, actually, and they're doing well. they have a wonderful mother, and a wonderful family support system and they're amazing children, and they look just like their daddy, which is wonderful. >> karen vaughn, thanks for being here. i'm so sorry for your loss. again, we really appreciate your
s son's sacrifice and your family's sacrifice. come up the battle against zika has ghun miami. planes starting to spray mosquito this is morning and the cdc director is in miami, he'll speak there in a few hours. next how pregnant women living in miami are reacting and what the virus does to people who aren't pregnant. because my dentures fit well. before those little pieces would get in between my dentures and my gum and it was uncomfortable. even well fitting dentures let in food particles. just a few dabs of super poligrip free is clinically proven to seal out more food particles so you're more comfortable and confident while you eat. so it's not about keeping my dentures in, it's about keeping the food particles out. try super poligrip free.
these are mosquito busters targeting neighborhoods around miami where reported infections are spiking. the heaviest work is happening by air tarting wynwood. so far the virus seems to be confined to that small neighborhood, where they want to keep it, and kill it. the zika virus is also hitting the u.s. military all around the world. 41 military men and women are infected, one of them is pregnant. this is where zika worries our highest in the world, rio de janeiro where the summer olympic games officially open in a matter of hours. dan simon joins us from miami and chief med kohl correspondent dr. sanjay gupta is in rio. dan, florida had fears with dengue fever. they've had success in the past. tell us more about their plan of action to squash zika before it becomes a widespread problem.
>> reporter: hey ana. it's sort of a full battle mentality. you saw the airplanes this morning dousing this region with insecticide. hopefully that will make a difference. you see trucks on the street trying to collect some of the excess water, of course mosquitos are attracted to the with aer, where they lay their eggs, hoping to rid that problem. you also have tons of people, everywhere you go, dousing themselves with bug spray. i was at a walgreens and the shelf is empty in the bug spray aisle and of course the people who are most affected by this are pregnant women. i had the chance to visit a doctor's office yesterday. they're getting flooded with calls and emails from anxious and nervous patients. this is what one woman had to say. take a look. >> it's scary. we're always at risk, out walking and to find out it's just one mile north of where i live currently and we frequented the area often. it's definitely scary. i'm the most at risk right now of anybody. >> we were told since we're in the last try mestimester of pre
the risks are considerably lower. with that said you never know. we're just hoping for the best. >> reporter: it's a pretty incredible situation. i am in wynwood, sort of ground zero in miami and like i said people are dousing themselves with bug spray. you look at the outdoor patios normally packed with tourists and they're completely empty. that bug spray that you saw come from the airplanes is going to go on for the next four weeks. they don't know, authorities don't know how much of a difference that will make. certainly something we want to ask the cdc director when he's in town this afternoon for a press conference but they're just hoping collectively all of these efforts, ana, will begin to make a difference. >> you should get indoors, get out of the heat and away from the mosquitos. sanjay, we know the olympic ceremonies are just hours away now, there's been such a fear over zika there in brazil with
the olympics, some athletes not coming to participate this year. are the fears warranted? is the country doing enough to keep it from becoming an epidemic? >> reporter: two separate questions. i don't know the fears are warranted primarily because of the weather the winter season down here and the weather's gotten cooler. there was a study out of the university of cambridge even if you look at all the hundreds of thousands of foreign tourists that are coming into rio for the games the number of infections that are likely one or two infections. as the weather gets warmer mosquitos come back you'll see problems arise like what dan is describing in florida as the weather patterns change.
>> we've seen images of babies affected by microcephaly. pregnant women are at high risk. what are the affects to people who aren't pregnant? >> reporter: well the vast majority of people and that means four out of five people, it really seems to have very mild or no symptoms at all. let me just preface this by saying this is still a relatively new virus. we're still learning a lot about this, a new virus in this part of the world, so what are some of the longer term impacts, probably not much for most people. they've been learning more about this over the last year than in the united states, for example, helping other countries prepare. for the vast majority of people i think they'll not have symptoms. they probably won't know they had the zika infection. >> is it one of the illnesses that might come back to haunt people later in life? for example, if somebody were to get, you know, infected with zika now but have a baby three years down the road, could that
child still be at risk? >> reporter: i really don't think it's going to have that long-term impact. if a woman gets an infection now, there's pretty good evidence that the virus will clear itself from her system within a certain number of days, and that won't have any impact on a future pregnancy. she may even have protection against that virus, because you develop antibodies that can help fight off a future infection. we don't know how long the virus can stay in other parts of the body. i don't think it's a sort of situation for pregnant women who get, sorry, women who get infected now and have a pregnancy later. the virus could last longer than we realize and scientists are trying to figure that out. >> dr. sanjay gupta thanks so much and thanks to dan simon a little earlier. up next, if you can't stand hillary clinton, you can't tolerate donald trump? you're not alone, which is precisely why third party candidates are getting extra attention this year and more voters are asking who else is
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even if this year's presidential race weren't between two high parties there would be others to siphon votes. the libertarian ticket took the stage last night at a cnn town hall and made their case for, brace yourself, bipartisanship. >> if either trump or clinton are elected, things will be more polarized than ever. neither side is going to get along with the other, and what if you elect a couple of former republican governors two-term reelected running as libertarians, what if you elect them as president, vice president, calling out both sides. >> if you think so-called candidates don't make a difference, perhaps you don't know your history. >> reporter: no third party candidate has ever reached the oval office, but doesn't mean they didn't have a hand in two did.
in 1912 teddy roosevelt ran on the bull moose ticket. he split the republican vote with incumbent william howard taft. it likely cost taft the presidency, handing the oval office to democrat woodrow wilson instead. fast forward to 1968, another third party candidate shook things up. this time it was george wallace. >> wallace has the courage to stand up for america. give him your support. >> reporter: the former governor of alabama was considered a segregationist democrat, opposing civil rights, and fueling fear in america. >> it's a sad day in our country that you cannot walk even in your neighborhoods at night or even in the daytime -- >> reporter: wallace ran on the ticket for the american independent party, by pulling conservative democratic votes, he cost democrat hubert humphrey the election. republican richard nixon walked away with the win. in 1992 it was ross perot's turn to shake up the race.
>> good afternoon. the volunteers in all 50 states have asked me to run as a candidate for president of the united states. >> reporter: the texas billionaire ran as an independent and focused his presidential campaign on the national debt. >> decide who you think will do the job, pick that person in november, because believe me, as i've said before, the party's over, and it's time for the cleanup crew. >> reporter: on election day, perot snagged 19% of the popular vote, likely costing republican george h.w. bush a second term. then governor bill clinton got the win. bush refused to discuss perot years later in the hbo documentary "41." >> no, can't talk about it. i think he cost me the election. i don't like him. >> reporter: ralph nader played the spoiler in 2000, won just 2.7% of the vote nationwide, but pulled in more than 97,000 votes in florida.
republican george w. bush beat democrat al gore in florida by just 537 votes. if most of nader's supporters had voted for gore instead, gore would have won florida, and been elected president. >> just moments ago, i spoke with george w. bush and congratulated him on becoming the 43rd president of the united states. >> reporter: when nader was questioned about his campaign's role in gore's loss, he brushed it off. >> by the way, i do think that al gore cost me the election especially in florida. and that's far greater concern whether i was supposed to help elect al gore. >> reporter: in 2016 an election year where both major party candidates have a likability problem, third party candidates see an opening, once again. randi kaye, cnn, new york. up next the u.s. supreme court weighs in on a transgender high school student's battle over which restroom he can use.
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a divided supreme court has intervened for the first time in the rights of transgender men and women. the court made a ruling in the case of gavin grimm, a transgender teen who wants to use the bathroom at his high school that fits his gender identity but now five justices have temporarily blocked a lower court ruling that would have allowed fwrim eed grimm to do . don't forget the obama administration put out a directive to schools nationwide to allow transgender students to use bathrooms based on den ger identity. we discuss with danny cevallos and joe jackson. what is the impact? >> not so much the impact but the forecast of what we may see. the supreme court hasn't indicated it will or will not grant certiorari. it may not hear the case.
the changes the school board would have had to make it no longer has to make by the time school starts in september. we know that day is fast approaching. >> just puts everything on hold then. >> it does. ana, it's important to recognize this isn't a ruling on the merits of the case. the supreme court said we're going to cool down for a moment because what ended up happening you have this virginia school board and the school board said we want transgender, it's no problem but you get a separate bathroom. fight the child says i identify as a boy, i should be allowed to use the boys bathroom. as a result there's all this goes on, they go to the circuit court, says you're allowed to use the boys bathroom. the school board says wait a second, they take it to the supreme court. the supreme court says you know what you may be allowed to. we'll rule on the merits if we take the case right now it's important for the country to know it's not a ruling on the merits, we may get there but this is just saying hold on, if and when we get the opportunity, we'll consider the case. they have not yet.
>> but why? why hold on, danny? >> the school board's argument is number one, that we may suffer some irreparable harm if you don't prevent these changes from going into place. and part two, supreme court, it's highly likely that you'll take this case, because one of the classic hall marks of a case that interest the supreme court is when you have what's called a circuit split. you have all these federal courts of appeals that have different views on the issue, and the supreme court often prefers to take these cases because those are the cases that are ripe for some uniform decision that will settle what's called a circuit split. >> and in a political year we should also talk about there are eight justices on that court. >> that's where i was going, too. do you think that came into ply with this ruling? >> well here's the problem, ana. it's significant in as much as, remember, if the eight justices split 4-4, what happens is the fourth circuit that says you can use the bathroom, that's the decision that sticks, and so
politically, if they don't get another justice on that court to weigh one way or the other, so many cases that are really dividing the country, a 5-4 decisions so if this supreme court takes the case and end up being 4-4, the fourth circuit decision that says use the bathroom, that stands. >> the plot thickens because there's some who say there should be an additional justice already on that supreme court because it's been 144 days since merrick garland was nominated. this might be an entirely different landscape if we had the ninth justice on the supreme court. >> the issue is that the congress can always resolve it. doesn't have to go to the court. if the congress nakts tenacts t takes it out of the court's hands, it's law and moves forward. >> good place to end it there. thank you, guys, good to see you. >> and you. a quick reminder a lot going on in the political world today. donald trump speaks this afternoon, at a town hall in portland, maine at 3:00 eastern. hillary clinton a rally in las vegas at 3:45 eastern and president obama giving a press conference from the pentagon at
4:15. -- captions by vitac -- www.vitac.com "wolf" starts now. hello i'm wolf blitzer. it's 1:00 p.m. here in washington. thanks very much for joining us. there are just under 96 days left until the presidential election. even fewer if you live in an early voting state. today hillary clinton hits the campaign trail in las vegas, and in just two hours or so, donald trump will deliver his message to supporters in portland, maine. it's that message that is being scrutinized by those inside the republican party. in florida, trump responded to claims that his campaign is in chaos. >> i just want to tell you, the campaign is doing really well. it's never been so well united. i would say right w,