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>> the supreme court has been strong on that, yes, it does. >> d.c. court of appeals considered the most influential court of the land over the supreme court. today, there are four empty seats on the 11-member court, so far, president obama is unable to appoint anyone to fill them. the seat that caitlin halligan is the seat since 2005. >> dan baum, author of the new book "gun guys." great to have you both here. let's segue from this point that we just made. from the intensity issue. gun owners and gun rights advocates have a lot of intensity in those feelings. >> indeed they do. they talk abou...

Senators from those states? >> steve, you're wrong. the fact of the matter is reid is not going to let it happen because he has people in cycle in tough states. mark pryor, mark begich from alaska. i don't think he wants to even bring it up for a vote. he might because it might be better for those guys being on record voting against it, but that's kind of risky, so we'll see. >> i think it's tricky for him. >> it is. >> how does he hold the majority of senators when you see every time you have a gun issue the middle of the country, from california to new york, is against you. >> everybody a lo...

Senators from those states? >> steve, you're wrong. the fact of the matter is reid is not going to let it happen because he has people in cycle in tough states. mark pryor, mark begich from alaska. i don't think he wants to even bring it up for a vote. he might because it might be better for those guys being on record voting against it, but that's kind of risky, so we'll see. >> i think it's tricky for him. >> it is. >> how does he hold the majority of senators when you see every time you have a gun issue the middle of the country, from california to new york, is against you. >> everybody a lo...

In tough states. mark pryor, mark begich from alaska. i don't think he wants to even bring it up for a vote. he might because it might be better for those guys being on record voting against it but that's kind of risky so we'll see. >> i think it's tricky for him. >> it is. >> how does he hold the 345 jort of senators when you see every time you have a gun issue the middle of the country, from california to new york, is against you. >> everybody a looking back at what happened in 1994 saying it could happen again. the numbers this time are entirely different than they were in 1994. they're ove...

What the majority wants or doesn't want. everybody concedes the majority want background checks. it is an intensity issue. the people that vote on this issue tend to be with the gun owners at this point. they are the one that is basically will punish people on election day. republicans who vote for the assault weapons van will get no reward from democrats crossing over but plenty of punishment in their own party. the same with rural democrats. that's why this stuff is going nowhere. >> it's part of what remains to be seen. certainly for the first time and i remember, i worked in the clinton ad...