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She had already been serving as a district -- on the district court. and what we know about next term is that one of the biggest cases they're going to hear is an affirmative action case. so it's true that here we'll see a liberal replacing a liberal, but the new nominee is likely to be much younger. maybe more liberal than breyer. and will change the inner dynamics of the court. breyer will remain for the rest of this term which is right now considering some of the biggest issues of the day considering roe v. wade. he'll be there when that's decided some time in july. >> obviously there are s...

Supreme court justice leandra kruger. but yes, they are progressive, one appointed by obama and to your point, ideologically, yes, they are further to the left than breyer. however breyer's jurisprudence was incredibly progressive frankly, he was in no way a swing but vote by any means and i think filling that position would definitely be a square with a square, if you chose someone in that ideological event. we call as well that as we let up to this moment there was a respectful distance frankly that many in the democratic party, including and especially the president, were giving justice bre...

The average age on the democratic side is 71 1/2. the average age on the republican side is nearly 66 1/2. and look what happens when kennedy leaves. suddenly the two oldest justices are both on the democratic front and according to an analysis by the pew research group, they have already been on the court longer than expected based on their age when they were appointed. so has clarence thomas, but he is the only one on the conservative side and he is still about nine younears young than breyer. and gorsuch is just 50. pew center found when a justice is appointed around that age, he our she wi...

Supreme court nominee. justice kennedy's announcement that he is retiring came as a shock to some, but not to others.81 is one of the oldest justices on the supreme court second only to ruth bader ginsburg. tom foreman explains why age is more than just a number when it comes to supreme court justices. >> reporter: when you look closely at the ages of the sitting justices, you begin to understand why this change is so momentous. so let's start by rearranging everyone in order of their age. and you can see that down here we have ruth bader ginsburg at 85, justice kennedy almost 82, and then com...