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case after liberal justice brown jackson recused herself. all conservative justices siding with the majority. they decided both programs do violate the 14th amendment equal protection clause and therefore unlawful. shannon bream, chief legal correspondent is watching it for us. this is a big day. we look back 19 years ago. in 2003 justice sandra day o'connor was the swing or deciding vote in what was a landmark supreme court case over race. perhaps the most divisive social, political and cultural issue in the country's history. fast forward to today. tell us about the conservative co...

Constitution plain and simple. you can't discriminate. an easy case. the dissenter are playing the political race card. if you ask the dissenters who ruled in favor of harvard, you ask them when do we want the affirmative action to end? never. it's political. i think this was the correct decision and i think it will have a rippling effect in not only colleges, but in commerce and in businesses. >> julie: absolutely. we're talking amongst a very woke time in this country where schools in particular are super woke and the universities and their professors and it just trickles down from there. ho...

Going oh, my lord! >> that's lindsey graham. how do we explain mitch mcconnell, who is this proud insougs how do we explain his report for the president's support of a national emergency? >> it comes down in the other issue, yesh it's a vote on the constitution, i understand that point. pu it corey gardner's in a very similar position. it would not surprise me to see gardner come out and vote against the president. there are many sthats will have a purple dynamic going on, it

For a nonemergency, the next democratic president who may be a liberal will immediately declare emergency after a school shooting and have the precedent to go after their guns? >> here's the thing, this vote is not a vote on whether or not you want a secure border, it's not a vote on whether or not you believe a wall should be built. this is a vote on the constitution plain and simple. and everybody in congress knows it. >> so do voters in missouri, to voters in northwest florida -- >> no. no. >> -- understand that if donald trump is given this power now, then a democrat will use this power tw...

Democratic party demonstrate the party's intellectual collapse." we have criticized the party so much for bowing down to donald trump, but i do have to say this is such a bright, obviously bright line to cross that if you vote for this national emergency, never, ever raise the constitution again and pretend you are a defender of it because this is a clear violation. >> absolutely. this is not a hard one. you tonight have to be a law student or lawyer to figure this one out. listening to nancy pelosi yesterday introducing the measure and speaking about the separations of powers and importance o...