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Judge this is basically none of their business. they do have some law on their side. but one of the questions in this case is whether the government is conducting religious discrimination, which is unconstitutional. the judge asked if this is a religious ban would the court doors be open, could someone have standing for that? the question drew a concession from lawyers that there are court cases, a 1972 case called mandel that would open the court's doors. >> if the order said muslims cannot be admitted, would anybody have standing to challenge that? >> i think mandel and din give a route to m...

Expected from somebody as savvy as mitch mcconnell. if they did that on purpose to be racially provocative, to stir you racial currents here, i think that's scary and gross. if they did it accidentally, i think it's political malpractice. but i think they've just turned this issue and elizabeth warren and the jeff sessions nomination into a much hotter, more hotly contested and sort of scarier thing that it's been up until now. >> it was remarkable. do you think it changes any votes? that's my last question. >> i don't know. we've seen a lot of republicans say they were willing to support jeff...

Let's take a look at the nbc news/"wall street journal" poll on donald trump. the people who disagree with what he said about the muslim ban, the proposed ban, temporary or otherwise, 57%, 25% agree but when you look at the breakdown by party, that's -- >> it's more of a split inside the republican and there's something else here. our pollsters, i had them both on yesterday, they're not ready to say why per se, but there's a surprisingly large undecided on this question. meaning it's higher than 15%. when you have -- on something that is -- >> on the muslim ban? >> on the muslim ban question. ...