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This is where we hear the big abortion cases. they only get there -- my concern and this is working out his appointees of younger than obama appointees. this is how you get to the supreme court, a circuit split. if we have a lot of conservatives in those appellate courts, maybe we'll not have a split. # 7,000 or so, actually -- the appellate court called the policymaking courts because they really decide what the law is. >> you are right. we don't cover as much. >> let's talk about the vacancies. as of december 2nd, there are 98 vacancies in the judiciary. are there always a large number? >> n...

Are competing with other businesses, because they want to curry favor with the president and the president benefits financially and they say that violates the constitutions emoluments clause, an obscure part of the constitution that no one ever talked about until donald trump became president. it goes back to the district court now and this is just the opposite of the conclusion that was reached by other courts that have looked at the same question, that these groups don't have standing. so if this continues along this way, we're set up for a possible circuit split here and this could wind up ...

Court issued its historic ruling. lisa, so nice to see you in person. i've watched this film two ti s times. working with this justice, you lucky woman. >> i was extremely lucky. >> twhafs that liwhat was that ? >> she had been a hero of mine personally having worked at the aclu on women's rights and reproductive freedom. so it is a thrill to get to work with her. and then professionally, it is one of the most awesome experiences because the supreme court gets the most challenging and often controversial cases where there is a circuit split. and you are working with some of the country's most ...

The supreme court. your take on this as you know the facts to be? >> there's plainly a circuit split between the fifth circuit and the ninth circuit as you say. the ninth circuit erred and recognized and applied right of action for damages for alleged constitutional violations by a border patrol agent for a number of reasons. first and foremost of which is that it interferes with the political branch's jurisdiction of not only the national security, but also the foreign relations of the united states. in addition, the court has acted where the congress has refused to act, to grant damages to a...

Murder and now they are just beating a dead horse and they want to go after him and they want to make sure -- if somebody has got to be guilty. at the reality is, where are the guilty people? it's the drug dealers that are on the mexican side. if the drug dealers that were bringing drugs into our country. that's where they need to look for guilt. >> laura: but they are retrying the border agent. they are retrying the border agent for i guess it's manslaughter. art, i want to go to you on this. there's a circuit split and i'm trying to be the log he care but the fifth circuit court of appeals r...