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Very trumpian in its argumentation. this idea that because he declares something to be true that it must be true. i think the court was especially irritated by that and i think it's a good day for our institutions and our constitutional government. >> one of the things donald trump has complained about is that the courts are political. he said again today it's political. and, you know, that is not an argument that is only made by donald trump. i remember as the affordable care act -- two affordable care act cases wednesdayed their way through the courts lots of liberals saying they thought the...

Just joking, about the green card holders, that's all good, no constitutional issue to see here." and the court says that's not the way it works, the white house counsel is not the president of the united states, he can write anything he wants, it does not effect what you have actually signed? >> and that is a perfect example of how badly this was lawyered, let me tell you. the thing that struck me was that there was no evidentiary showing by the government. it's like they didn't take this thing seriously. the court begged them, show us where the government, the people of the united states, wo...

Let me tell you. the thing that struck me was that there was no evidentiary showing by the government. it's like they didn't take this thing seriously. the court begged them, show us where the government, the people of the united states, would be irreparably harmed. that's one of the standards, one of the tests they used in tro. the government gave them nothing. why was that? why were they totally unprepared? why did not not even have an affidavit, something, from the cia, from some agency. even the initial argument, this overly broad argument that this is unreviewable. i mean, post-george bus...

Want to show they need a put a box around this president's power early. >> betsy, there's a traditional way of thinking about political capital, particularly someone newly elected and particularly a newly elected president which is is that it's the reserve that gets drawn on and you can leak it and you decline in political capital. this president was elected as fairly unpopular. do you think essentially defeats like that have the traditional effect on political capital? >> not necessarily. it's also important to remember this is only a temporary defeat. all signs point to trump taking this to ...

The president at s at the high point of his authority in matters of immigration because that's dealing with protecting our country. the issue here is that fundamentally what the court is saying the constitution pertains to everyone here. whatever their status is. you can't do whatever you want at a whim to people who are not citizens. >> and the court says you can't say it's unreviewable because it's subject to broad executive authority. you can't act in ways that violate the constitution and here the court was clear that it thought the actions violated the due process rights of individuals wh...