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Loophole to get around existing u.s. supreme court law. >> shannon: this is how the family lawyer responded. this quote is in the tampa bay times. i respectfully suggest this is a bold assertion to made by teachers and a governmental institution vested about teaching about the u.s. constitution. the six-year-old doesn't have this unqualified right to take a knee. >> right. that was a sensational reaction to what was an interrogatory answer. i do understand brian's point. that being said, the statue is law, until it is stricken down, then those kid and the parent have to comply. the bottom line...

It has to away the con -- when the president's lawyers have asserted this broad, sweeping, unfettered power, the supreme court it really comes down to a balancing test. on the one hand of the calculus, you have the office of legal council memos. there were two of them. one published in 1973 and one published in 2000. they say essentially the same thing. they say that we strike the balance in favor of not dragging the president into court, whereas when the supreme court engages in that same balancing test and in the absence of legal authority, balancing test are the main stay of the law. when t...

>> cosby is a bad guy. they have an appeal. couple things they don't teach you, bad facts make bad law. the guy is a despicable character. what they don't teach you in law school, the majority in the supreme court are woman and they run for election. nobody will let mr. cosby get reversed on appeal. >> jon: sounds like mercedes says he has of an appeal because of to testify that was allowed in. >> that would be one basis, absolutely. rulings like this where the judge is presented with this type of evidence. they have to do this balancing test. what is more probative, what is more prejudicial. ...

Example, allowing these witnesses to testify. in order for evidence to be admissible in trial, there has to be a probative value of that evidence. it has to be relevant to the allegations in that trial. but also there has to be a balancing test. that evidence cannot be overly prejudicial to the defendant. if you have four, five or 60 women testifying that bill cosby drugged them, assaulted them, very similar to the allegations in the criminal trial. one would say that is overly prejudicial. yet the judge allowed that testimony in and said it showed -- on the basis it showed a pattern. i think ...

Bravo. bra brava in this point. this airline has had a similar problem in the past. so what do you do now to make sure this isn't repeated without this type of heroic ending? >> it's a great question. i did speak to c he eo of southwest last night, gary kelly about 8:15. he did tell me southwest will begin an aggressive ultrasonic inspection campaign for their entire fleet. so is that will be something that will be important. we want to look at this very carefully and see if there's other things that need to be done immediately to especially sure the safety of the rest of the fleet. >> but you...