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Considered to be in the middle ideologically on this court? >> reporter: probably. kennedy, as you know, is invariably the swing vote, and he has been a critic of racial quotas. but he's also published some fairly nuanced opinions on race and college admissions. now, importantly, elena kagan has recused herself from this case because she worked on it when she was solicitor general. so that means there will only be eight justices joining. if kennedy joins the liberals, then it's a tie and a lower court decision stands upholding the texas plan. if kennedy comes down somewhere in the middle maybe...

Protection rights were violated under the 14th amendment. now, nine year ago the u.s. supreme court ruled that racial quotas are unconstitutional, but they said race may be used as a factor. it's a subjective approach which president obama's solicitor general donald verrilli says is properly being followed by ut. quote: race is not considered on its own, and it is never determinative of an applicant's admission by itself. rather, race is one of a number of contextual factors. the current supreme court is considered more conservative now and perhaps more likely to reverse that previous 2003 dec...

Biden a little more negatively. the one area where ryan does much better than sarah palin compared to her introduction is people are evenly divided about whether he's qualified to be president. they had more doubts about palin four years ago. megyn: and, chris stirewalt, as i mentioned, 43% say, yeah, he was a right choice, 35% say, paul who? >> right, and guess what? megyn: is that a problem for governor romney? >> lordy no, that's how it goes. that doesn't matter to the daily lives of regular, decent, ordinary human beings who do their best to ignore everything that happens in that building....