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Exhibiting the kind of profound indifference to the racial contours of the jeff session nomination that i wouldnt have expected from somebody as savvy as mitch mcconnell. If they did that on purpose to be racially provocative, to stir you racial currents here, i think thats scary and gross. If they did it accidentally, i think its political malpractice. But i think theyve just turned this issue and Elizabeth Warren and the Jeff Sessions nomination into a much hotter, more hotly contested and sort of scarier thing that its been up until now. It was remarkable. Do you think it changes any votes ...

That doesn't cover everybody in the united states, but it doesn't mean it not discrimination. so i think there's a plausible and a very good solid argument that they're making that it doesn't have to be perfect discrimination in order for it to be unconstitutional and problematic. >> there are so many different lines of attack here, which is common, because lawyers like to put everything on the menu for a judge. putting your litigation hat on, which do you think are most likely to get the ban permanently struck down? >> i think there a range of question. i think there's an equal protection arg...

Don't have to discriminate perfectly, you don't have to discriminate against everyone. for example, if the president came up with some law that said we are going to discriminate against black people in three states in the united states, that doesn't cover everybody in the united states, but it doesn't mean it not discrimination. so i think there's a plausible and a very good solid argument that they're making that it doesn't have to be perfect discrimination in order for it to be unconstitutional and problematic. >> there are so many different lines of attack here, which is common, because law...