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To play devil's advocate. that's a policy determination. let's imagine a president is elected on taking the u.s. out of nato, independent of russian interference. the president is the democratically elected person in that determines national interest at some point in concert with other branchs of government. if he says i want to abandon these bases because i think they cost too much money, it seems dangerous to define him based on that as a clear and present danger when he's tlr democratically elected person that defines it. >> i think what he was saying is there are so many things mr. trump h...

It's not new. elizabeth: that brings me to the next question. and this is more of a macro view, when families are separated perhaps it's not necessarily new? am i right? because the laws have been in place and families have been separated before. it's that we're getting a lot of attention not only because of the influx, the concentration and obviously, it's politically divisive. >> so there are cases previously when the parents have been separated from the child when there's questions of whether or not the adult is actually related to the child and whether the parent may have been involved in ...

And -- well, answer that, and then i'll go on to a related question. >> senator, that's a policy question for this body. >> well, also a question of disclosure. you could ask right now that as a matter of courtesy, as a matter of respect to the process, that anybody who is funding this should declare themselves so that we can evaluate who is behind this effort, right -- >> senator. >> that wouldn't be a policy determination, that would be your values determination. >> it would be a politics question. and i'm not, with a respect, senator, going to get involved in politics. and if this body wish...

Have enough cases to make a mathematical determination about how to grade people. the federal government and dr. sweet and dr. roberts and all these folks have made a policy determination that children are less important than adults. >> for all the adults waiting for lungs, because we don't want to say they don't deserve them either, but if you put a 10-year-old on the same list then would she go to the top because she's the sickest? >> she would and she should. as a matter of ethics. any ethicist in the united states, what are the instincts in our country? do we protect the youngest and weake...

Michigan whose voters amended their constitution in 2006 to ban affirmative action. a lower court of appeals had overturned the state's action, saying the majority could not place unique burdens on minorities. but today in a 6-2 decision, with justice kagan recusing herself, the supreme court disagreed. while not taking a position on the constitutionality of affirmative action itself, the court says states have a right to vote on whether or not to ban it. justice anthony kennedy wrote for the majority saying quote, there is no authority in the constitution of the united states or in this court...