Decision about what we care about and who we are. The next president will shape the direction of the highest court in the land for decades, but who would Hillary Clinton or donald trump nominate . Meanwhile, in the middle of campaign turmoil, trump goes to scotland to open a golf course. Is the mogulturnedcandidate more interested in the art of the deal than the white house . Plus, breaking news. Votes being counted in the uks brexit referendum. Well take you there live throughout the night and check on all of that for you. Lets begin with chief correspondent dana bash. Two Big Supreme Court rulings today. Yeah. One on immigration was a crushing defeat for president obama. Tell us about that. The president s executive order would have given about 5 million undocument ed immigrant the ability to come out of the shadows and start applying to stay in the u. S. Legally. A lower court judge issued an injunction to stop the programs from going into effect because the Supreme Court deadlocked today 44, it means that the Lower Court Ruling stays in effect. So that also means that undocumented immigrants that were talking about here in this pool will stay in legal limbo until the end of the obama administration. But, don, you mentioned two decisions. Theres actually another one that isnt getting as much attention, but could have some significant political implications. The Supreme Court upheld the affirmative Action Program at the university of texas today, which said admissions based on race it was a bit of a surprise. It could have affect and feed a very real fear factor that we see at rallies, particularly republican rallies, donald trump voters, working class voters, whites especially, of course, who feels that the systems and institutions are rigged against them. Lets get back to immigration. You know, the candidates were in a political season now. People are running for the white house and candidates are responding via twitter. Is. C, meaning Supreme Court, has kept us safe from exec amnesty for now. Hillary has pledged to expand it, taking jobs from hispanic and africanamerican workers. And then hillary said this, todays heartbreaking immigration ruling could tear apart 5 million families facing deportation we must do better, h. You know she wrote it. It was a signature issue. It still is. Hillary clinton may get a Political Boost here because it could energize angry voters, hispanic voters, make them more eager to elect democrats, especially in key states with large hispanic populations, florida, nevada, colorado. It also puts front and center something else, which is the next president is going to have to pick somebody to fill the empty ninth seat on the Supreme Court, assuming the Republicanled Senate doesnt relent and have a vote on president obamas nominee. We dont see that happening any time soon. Dana, we sat here until the wee hours covering this sitin on the house floor. Yes, we did. Incredible demonstration. What did it what did democrats prove by this . What was the upside for them . They got us all talking about it into the wee hours of the morning and into the day midday today, talking about the issue itself, talking about from their perspective the process that they believe it is unfair for republicans in the house to not give them a vote. You know, the unfortunate thing for them we talked about this last night. They sent out a fundraising appeal during the sitin. And the House Speaker today, as we could have predicted and i think we did. We did, yeah. Held it up this morning and said, you see, it was political theater. You know what . We said it last night. It was political theater. Theater is put on so that you get an audience. And they did. Yeah. They gave them the fuel to, you know, for this counter argument. Yes, they did. That its nothing but a ploy or stunt, they say. So whats the fallout Going Forward . Do you think it will affect the campaign . Unclear how much it is going to affect the campaign. If you look at actually what happened in the senate today, the sponsor of a bipartisan compromise on guns, susan colli collins, she claimed that she thinks that again, what she called the stunt in the house actually hurt her chances of getting more broad bipartisan compromise and actually getting the votes. There was a test vote in the senate and it failed. She thinks that it just became partisan in a way that her compromise was heading for something a little bit different or heading for more consensus. Unclear if thats the case. But on the campaign trail, you know, like we were talking about last night, don, weve already seen the gun issue, which was kind of became almost a third rail for democrats worried about angering some of their rural supporters. Thats out the window. It has become a much more starkly partisan issue. I think it will continue to be as we head to november. Dana bash, always a pleasure. Thank you very much. You, too, don. Jeffrey toobin and alan dershowitz. Jeffrey, im going to start with you. You wrote the nine, which is about the Supreme Court justices. Explain the justices ruling. When the court splits 44, they just write one sentence. Affirmed by an equally divided court. Were only left to assume what their reasoning was. The reasoning of the lower court, the reasoning of the court whose decision is now the law of that part of the country was that the executive order that president obama issued about these families was outside his power as president. If he wanted to say to these families and they were mostly families who came into this country illegally and then had children, who are american citizens if he wanted to allow them to get work permits, to start to reintegrate into legal american society, he need an act of congress. He couldnt do it on his own. That was the gist of the lower court decision, and that we are left to assume is what the Supreme Court left in place. Okay. So, remember all this talk about merit garland, if president obamas Supreme Court nominee, merit garland, had been appointed, would that have changed the outcome, jeffrey . You bet. You bet it would have. Everything we know about garland would have meant he would have joined the four other democratic appointees to affi are. M president obamas ruling. The four republican nominees would have likely voted against it. Thats the difference between 54 and 44. Hes not on the court so obama lost. Mr. Dershowitz, this case was about the parent of the socalled treemers, of the children born in the u. S. Of illegal immigrant parents. What will happen to them now . Is it clear . I dont think very much will happen to them. First of all, the presses still has the authority to decide on a casebycase basis whether or not people should be deported or not. He is not going to issue an order, deporting people. Second of all, this rule only applies in one circuit. If somebody wanted to bring a lawsuit in the ninth circuit in california, the Second Circuit in new york, they might get a different result. Then we would have one law for several states in the southwest and one law for a state in the northeast and states in the far west. And so this is not a definitive decision by the Supreme Court. All it does is affirms the Circuit Court decision. It is a tragedy for people who are still in limbo. They dont know what their status is. I suspect were not going to see any mass deportations during the rest of the obama administration. Okay. So, lets talk about whats happening. Go ahead, jeffrey. Did you want to Say Something . Just two small points. One is the judge, the District Court judge in texas issued an injunction that covered the whole country. Very unusual situation. So, alan is right that this ruling only applies to the fifth circuit, which is mostly the southern part of the country. But at the moment, this judges injunction for the whole country applies. So, maybe there would be another lawsuit. But no such lawsuit exists. The other point you made was about dreamers. Some of the nomenclature, some of the wording gets confusing. This case is not really about the dreamers. Dreamers are the kids who were brought to the United States as children. Right. Who made no choice of their own to come to the United States and have lived here essentially their whole lives. This case is actually about the parents of the dreamers . Of children who were born in the United States. Jeffrey is right about the District Courts decision. But i would hope that there would be lawsuits brought now in federal District Courts in california and new york in front of judges who might be more sympathetic, and they might refuse to issue injunctions or might issue declaratory judgments saying that the president s order is in effect. So, we may get this kind of conflict. Although i agree with jeffrey that the order as it stands now covers the entire United States. Its very, very confusing from a legal point of view. And 44 decisions are often confusing, because theyre ties. And the tie goes to the lower court. And it leaves a lot of people with a great deal of uncertainty, which is why congress, the senate ought to give a vote to Merrick Garland. Theyre not going to do it, but surely, they should. Jeffrey is laughing at that. Theres a reason theres an odd number of justices on the Supreme Court because you eliminate the problem of ties. I want to take this to the campaign trail, alan. Looking more precarious. Do you think republicans might come to regret not confirming Merrick Garland . Nochlt if they had confirmed Merrick Garland, i agree with jeffrey, most likely he would have voted with the four to uphold president obamas. Though he is more of a moderate. If the senate goes to the democrats and hillary wins the election, i think well see a rush for republicans to vote for Merrick Garland as the lesser of potential evils. Unless both those things happen, democratic president , democratic senate, i think well see the situation remain the way it is. Okay. Were going to continue this conversation after the break. Well continue talking about this and also what has happened in baltimore. I think, jeffrey toobin, if we can put him back up i think you may have predicted this, what happened in baltimore. Well discuss. Plus well take a look at london live all night long here. Breaking news. Votes being counted in the uks brexit referendum. Christiane amanpour is there for us as well. 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Then visit summersgreetings. Com for a chance to win prizes, including a trip to italy worth up to 10,000. And look for me in your mailbox with even more great offers. President clearly disappointeded saying that everyone knows that the immigration system is broken. Now its up to the voters to do something. Gentlemen, lets continue to talk about whats happening on the campaign trail. Jeffrey, president ial campaign has already been in full talk about building a wall, deporting undocumented immigrants and banning people. Does this raise the stakes even higher for this election . Absolutely. It also just forces people again to focus on the issue of immigration. Donald trump has said very clearly there are 11 people undocumented unlawfully in the United States. He is going to try to remove them all. 11 million. 11 million. That he is going to try to remove them all, throw them all out of the country. Hillary clinton has said she wants to go even farther than president obama in creating opportunities for them to stay. It is one of the clearest differences between the two candidates and this is why we have collection elections. I want to say a word about the Supreme Court ruling we just got that halts the president s executive amnesty. This is a win for the constitution, a win for congress, and a win for separation of powers. President s dont write laws. Konlg writes laws. Its fundamental to our system of checks and balances. Congress, not the president , writes our laws. Today the Supreme Court validated that very core, fundamental essential principle. Taking straight aim at the president there. What does it mean for future president s . I think it depends on who the president is. Republicans certainly supported president bush when he was making all kinds of executive decisions. It really depends on whos ox is being goured. I do generally agree with the speaker that president s have gotten too much power and framers of the constitution intended for general laws to be adopted by congress. This is a mixed situation because it involves administering the laws. It involves how do you decide whether to deport people who are subject to deportation in a discretionary way . Getting back to congress, i have to tell you, i think the democrats shot themselves in the foot today. And im a liberal democrat, supporter of Hillary Clinton. I think they hurt her by making fools of themselves, sitting in on congress and pulling this kind of stunt. I think if Hillary Clinton is going to win shes going to win because she has gravitas and because the republicans are a bunch of buffoons. Now the democrats are a bunch of buffoons, sitting on the house floor, screaming and singing. This cant help. They have to be serious. And they have to show gravitas if theyre going to win this election against trump. What were seeing in england shows that this is too close to call. All the polls suggested that brexit is going to lose. We dont know what the results are going to be. Its much closer than anyone anticipated. Passion and anger determine votes and passion and anger could bring donald trump to the presidency and the democrats shouldnt be playing into his hands, as they did with these foolish maneuvers in the house of representative. Do you think that what they did was about Hillary Clinton or was it really because they have passion for what they were doing . No, they had passion for what they were doing. They certainly didnt think they were helping Hillary Clinton. I just think it back fire zblus think it was a bad move . They have to show that she has gravitas. Shes serious. She is the substantive candidate as opposed to the guy who plays games and invokes all these kinds of stunts and now the democrats are invoking stunts. I think it hurt hillary and im sorry for that. Jeffrey toobin, its clear its hard to get our lawmakers to come to consensus on a lot of issues, one of which is immigration. We know the system is broken. Politicians havent been able to fix it. So what is the answer . Is it up to the people . It is because they pick the legislators. Its worth remembering that in 2013, right after president obama was reelected, the Senate Passed comprehensive Immigration Reform with 68 votes, an unusual but truly bipartisan ruling bill that was endorsed by marco rubio and john mccain as well as all the democrats in the senate. But john boehner, the speaker of the house for all those years, never put it up for a vote in the house of representatives. And i think most people believe if he had actually put it up for a vote, it would have passed. So, you know, Immigration Reform is not that far off. But at the moment, congress is not willing to do it. One of these rare issues more so even usual in this climate. I hate to cut you off, jeffrey. I want to get to what happened in baltimore and your reactions about what happened to freddie gray case in baltimore. The driver of the transport van that transported gray from the scene to the hospital. He was acquitted today. Was that a fair verdict . Based on the evidence i saw, yes, it was. The death of freddie gray was a tragedy. What is not clear to this day is whether it was a crime. Weve had two acquittals of two of the strongest cases, supposedly, against the baltimore cops who were with him when he died. You know, i think Marilyn Mosby three acquittals. Marilyn mosby, the prosecutor, clearly acted too quickly. Remember, it was just within hours of freddie grays death that she announced the charges against all six police officers. There wasnt time to do a thorough investigation and now we have the worst of all possible worlds, which is acquittals and no resolution. For all three of the cases that have gone to court now. Three, yeah. I said two. It was three. And the three that are coming are the weakest. What does that mean, alan, for the rest of them . To her credit, i think the District Attorney tried to quell a potential riot. Thats not her job. That may be the job of the mayor but not the job of the District Attorney. And she overcharged and i predicted on the day