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>> tonight, straight from the source, it's been called an epic fail for republicans is another critical bill goes down. nikki haley is calling it total chaos. donald trump is celebrating. president biden is saying it's time for republicans to decide who they serve. also, history in the making at the supreme court. nine justices will give their first indication of where they lean in the fight over removing trump from the ballot ahead of the election from what he did after the last one. we have new updates tonight as the u.s. striking back the against the deaths of three americans in t...

that argument. >> there is some evidence to suggest that. >> any evidence to suggest the presidency was what they were focused on? >> there is some evidence of that. people saying we don't want jefferson davis to be elected president and one of the drafts of section three specifically mentioned the presidency and vice presidency. >> it wasn't the final inaction. >> it wasn't final but there was concern by some people about con federal insurrectionists ascendsing to the presidency. we didn't want to make a a history argument. the other side can come back and throw this counter evidenc...

in the words of one republican senator tonight, quote, i'm just pissed off. lisa murkowski is hardly the only one in her party that feels that way right now and is completely exasperated what's been happening on capitol hill. in just the last 24 hours her party lined up to sink the border bill one of their own negotiated for months. you can hear the frustration in that senator's voice, james lankford, of oklahoma how he lamented the politics have overtaken the policy. >> this is the pen that i was handed at that desk when i was sworn in to the united states senate. there's no reason ...

so their actual records can be assessed. for only understandable focus on trump's nickel problems and controversies and rhetoric, it was his substance handling of the covid pandemic that impacted so many laughs and dragged him down in the eyes of mary and americans who concluded he found the task when faced with that all-important leadership test. as for trump, he said at the time he did not see the emergency as his test of a lifetime. >> was there a moment in all of this, the last two months, where you say to yourself, a, this is the leadership test of a lifetime. >> no. >> no. no h...

election he lost. >> and hearing the case, the panel of nine supreme court justices including three that president trump himself appointed to the bench. >> whatever they decide has the potential to transform the trajectory of this year's election, and trump's bid to retake the white house making it the most consequential election case since bush v. gore a quarter century ago. >> these oral arguments expected to begin in moments and potentially last several hours, and we will be here with you for all of it. >> and joining us now, nbc's ken dilanian outside the court along with andrew ...