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Next justice will be more conservative and that's going to have really significant effect on i think a number of areas of law. abortion is probably the one people are going to talk about the most. affirmative action and many other areas of law could move in a more conservative direction for better, for worse. >> let me ask you something really quickly, daniel, about the issue of lasting legacy. do you think that may have been a factor in the way justice kennedy or the timing of when justice kennedy decided to retire? is that something that a supreme court justice takes into consideration as th...

Precedents on abortion, civil rights, gay rights, affirmative action and even the death penalty? >> well, inevitably, it's going to potentially shift the balance. remember, he is replacing the next candidate he or she will be replacing a justice who is a swing vote. didn't always go one way or another. wasn't clear where he would go. but the stakes are high. it will move the court, probably, in a more conservative direction. certainly that's what everybody anticipates. and it will just change the course of politics and society for a very long time to come. and, obviously, on those issues that ...

>> right. >> but you don't believe the president is a conservative. >> well, no, i don't. being a conservative. >> you voted with him -- you're probably in the top five of people who voted with the president on policy. >> well in terms -- when you look on the policies -- most of what the senate does in the first year of a president's time is vote on his nominees, filling out his cabinet and then court picks as well. i'm a conservative. and so i do vote to put the judiciary in a more conservative direction. certainly deregulation. but being a conservative is not just being conservative on polic...

At a meeting at the white house, anything that you all send over to me, i will sign it. that's clearly not the case. i think you're seeing the president sort of be pulled back and forth in a couple directions. one, of course, is his great desire to make a deal. that's why in a setting like that he's inclined to sign anything they send his way, but then i think there is sort of the dynamic of listening to the last person in his ear, so whether that's the more moderate republicans who say we have to find a solution on daca, or others who are more conservative who will say absolutely not, we have...

Problemed based on what they saw thursday will tell us about what is in this bill and when we find out what the top line numbers are and the medicaid spending and things like that look like on monday and if the bill comes out thursday it might lag a few days. that is extremely telling of where this thing goes next. >> monday it is. that is the day we're watching. thank you very much. i want to bring in now former governor levitt. let me ask you this. you heard garret talk about this cruz amendment and the freedom choice that would allow certain states or states to drop out of certain provision...