there and say look, we will face irreparable harm and maybe even citing national security concerns in order to say that the seattle court ruling won't stand. >> danny, it's almost a certainty that president donald trump's pick for the supreme court, judge neil gorsuch, is going to be asked about this during his confirmation. being an originalist, what is his likely approach to the case given the fact that he was hand-picked by this president and that this ban is a result of an executive order? >> one would hope it would be less about the fact he feels any loyalty to the president -- >> right. >> -- because history has shown that just because supreme court justices are appointed by a president they aren't always xlootly loyal to that party's ideals. there's a famous verb used where you take one of the supreme court justice's names, justice souter, because he was widely seen as sort of turning on the