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Who is now the swing judge on the supreme court by trashing and tarnishing the judiciary, he's doing the opposite of doing what it might take to get chief justice roberts on his side. that is a massive strategic error. >> he might rule on key issues related to the mueller investigation. >> he believes that john roberts has been hearing from so many lower court judges who were upset at the president's approach to them that the chief justice felt he had to weigh in. it had bubbled up to the point where he felt like he had to respond. among the things that americans do on christmas morning is the...

Anthony kennedy was the swing vote and sometimes the liberals prevailed especially on social issues. if donald trump is able to nominate and confirm a solidly conservative justice and swing it 5-4 conservative, that is going to change the supreme court and could perhaps for a generation or two. this is a very big deal. you know, i hear talk about you don't want a swing judge. i did a power player -- i feel smart about it -- about leonard leo, the key person at the federalist society that put the list of 11, then 21, now 21 people that the president has said he's going to name his supreme court...

Little bit. there are so many people out there who are saying you don't see the liberal judges going across the aisle voting for things that are brought up by conservative, you know, laws that are brought up by conservatives but you always have to worry about these. now you have to worry about two. in the past, there was kennedy you have to worry about as a swing judge and the -- >> you want to know my theory? >> yes and then i'll launch into my problem. >> unless mine is so good that they come back with reports. here it is. i think he thought anthony kennedy was going to be going -- siding wi...

Authority to intervene in the economy. i think, you know, i think elena could do a good job on that. merrick garland, as somebody who really has been a restrained liberal judge would be a good person to have that fight on the court. >> katty? >> i think elena kagan is known as somebody who can lead. and i think that is important to the white house as well at the moment. she can sway opinions of other judges, and of course, justice kennedy as a swing judge is particularly important. she has a fierce intellect. people from harvard describe her in similar terms to the way they described obama. sh...