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Discrimination exists here. you have economists coming up with different methods to say it does or does not, right? >> these individuals are trying to say and experts will be testifying and be an expert case that, of course, diversity in schools is good. no one would disagree with that. the question becomes from a constitutional point of view has the compelling state interest of diversity been met. if so, we can no longer under the 14th amendment and the equal protection clause, we can no longer discriminate against non-minority citizens because the goal has been achieved. >> bill: fascinating...

Minorities. so i think there is a very good argument with the change of the supreme court with justices gorsuch and new justice kavanaugh that we will have a scenario where they'll say the balance has been achieved. no longer a compelling state interest and time to revisit if affirmative action is appropriate. the court can go into harvard and say we'll be narrow, we feel this particular policy at harvard is problematic but not overcome the entire affirmative action program. i think when you have justice -- scalia was gone. he was the last decision made in 2016. and in that one was a white wom...

Shots. >> so richard claims that his scoring and his handicap is a closely guarded national security secret, willie. >> hey, golf aside, you want to talk about your golf game? >> i'm not a golfer. my husband is a big golfer. >> does the white house have a case from what you know about it as you can omarosa here? >> no. here's why. this is to the point that richard made. there is this thing called the first amendment. the reason can you restrict former white house employees for example about talking about classified information it's because there is a state interest. a compelling state interest...

Where do you see kavanaugh fitting in? do you agree with assessme assessment? >> i'd say it is too soon to tell. there are three big categories. one is corporate interests. i don't think he'd swing anything. kennedy was on the right already. we have the question of separation of powers and presidential power. a lot of potential questions that could come up. can the president pardon himself? et cetera. the third part has to do with individual rights. the bill of rights. you know, people can read that broadly. lots of people in the tent. or narrowly. my guess would be kavanaugh would have a narr...

While we would see a trend towards libertarianism and the right to states to make their own decisions, we wouldn't see anything that wasn't strictly within that compelling state interest, the scrutiny that is afforded any type of chipping away at roe v. wade. we saw that with the 72-hour waiting period where the supreme court there in iowa ruled it wasn't in the compelling state's interest. so likely i would see scotus affirming that. but you're right. there's a lot of ancillary issues and bills in lower courts now. >> neil: emily, thanks for being on. have a great fourth. >> thank you. you to...