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>> that may be the case for some americans. there is no denying that there has been a seismic shift in support for same-sex marriage. for the first time in history, a majority of americans support it, according tower nbc news "wall street journal" poll. and it is not just voters changing their minds. some of the people we elect are following suit. perhaps even more significant, it is happening on both sides of the aisle. montana senator jon tester moments ago became the first to add his name to that list. senator mark warner represents an historically red state. they join president obama, hill...

Solution, the ninth circuit did was rubbish. he said standing, they had standings to get into court. he did not lying the solicitor general's eight state solution that would knock down the bans or would elevate same-sex marriage in the states that provide everything but marriage. so all that was left were the 50 state solution. he seemed freaked out by that and he decided maybe we should just dismiss this case that we should have never taken it in the first place. >> there has been a lot of talk about justice kennedy's remarks. that he may want to dismiss the case, as you said, being freaked o...

Only once. ken, about 25 times. he has found a way to make common cause with the other justices. is your view basically from what we heard and kennedy's concerns, what you called there the process of elimination and the standing arguments are that he is in no mood to work with the liberals here? >> i think he is only in a mood to work with the liberals if the liberals work with him. at the very en. i've showed that kennedy last year in the aca case was willing to scrap the entire obama care act. this time he seemed spooked in the same way that down prop 8 would bring it back to california. >> ...

Daca case. they should be referred to the appellate judges, three-judge panel or maybe an en banc panel of the whole court. they are far more knowledgeable on constitutional and more knowledgeable and all these matters. the tyranny especially of the district court bench has to end. the people's will should no longer be held hostage to the capricious whims of one ill-equipped disgruntled life tenured jurist. that's the angle. joining me now for reaction are three esteemed attorneys. harmeet dhillon rnc national committee woman. scott bolden. with me in washington, sol wisenberg. cute and cuddly...

Keeping the president so uncharacteristically silent and disciplined on this topic? >> he really has been silent here, he's been almost as sphinx like as robert mueller, that's not behavior we're used to seeing from this president. he's had some prior experiences, recently as january that may be helping him to take his lawyer's advice to remain silent. in january, a federal judge issued a nationwide injunction, telling trump he couldn't bring about an end to the daca program as he had planned to. and one of the primary pieces of evidence the judge used was trump's own tweets. this process wher...