the top story that we are all watching at this hour is of course the supreme court. who would be the justicet replaceo -- to replace justice anthony kennedy? for it mean to regulation and same-sexues like marriage and abortion, and one of the politics of the nominationand how the court is likely to affect no matter what happens to the nomination? ♪ nine hours from now, president trump will appear at the white house with his choice for the supreme court. with four court of appeals judges to choose from. we welcome our greg stohr. first of all, we only have nine hours to go. have we heard anything?

greg: no. this is the hour donald trump said yesterday he would have decided by. we still think judge hardeman are in the lead -- we still think judge kavanagh, judge hardeman are in the lead. course we have great kavanagh, what do we know about him? authore was the primary of what led to sentence impeachment. he was very close to george bush. donald trump has had some issues with the trump family. on federal fiscal here in washington, he has written hundreds of rulings. also some regulatory issues. he is generally a skeptic of regulation. he has dealt a little bit with abortion. he has not confronted it

directly. really a rich record that both sides will be pulling from today as they decide whether they're going to vote for him. one thing we did not hear is ons that mr. hardiman the third circuit, and president trump has a sister who is a judge. she has recommended him. he does not have quite the same backing that some of the other candidates do. less well.tle bit he has not been in the ivy league circles, the washington circles. he did go to georgetown that might but -- but that recommendation from donald trump sister may mean something.

it would certainly appeal to the donald trump base, a taxi driver, but whether he appeals to donald trump is another matter. he was expressing preference that he would go to an ivy league school. brett kavanaugh is the only one on his short list who went to an ivy league school. david: so it may be splitting hairs about differences among the candidates. similar, all four of them come a, highly qualified, by all accounts. greg: yeah. they are certainly different terms of the appearance, their background, experience. but we are talking about a pretty narrow band here. they will clearly be to the right of anthony kennedy. they will be somewhere in the family of the neil gorsuch spectrum of the supreme court, which is pretty conservative, and it will make a huge difference. david: lever the president nominates, they will have to be confirmed by the president. are any of them easier or

harder? greg:greg: some of them might be harder. mitch mcconnell has indicated to the white house that judge kethlegd mayjudge have an easier probleme. kethledge may have an easier route. farthere gone a little on some issues come alive on abortion, and of course republicans cannot afford to lose more than a vote. david: time is of the essence here. normally they have the new justice in place before the court. we also have the midterm elections in november. greg: it was a debatable question, what would be in everybody's political interest. reason the seat is still open when we get to november, that might be a reason for republicans to come out and give donald graham the more republican senate. david: thank you so much.

that is supreme court reporter greg stohr. dershowitz,ome alan professor of law emeritus at harvard and author of yet another book that comes out today, "the case against impeaching trump." becomes to us on the telephone. thank you for joining us today. prof. dershowitz: thank you. thank you. david: you have watched so many of these transitions. how able are we to really forecast even what the issues would be much less how the justices will vote. myf. dershowitz: that is point. you never know what the issues will be 30, 40 years from now when some of these young justices are still on the war. it is impossible to imagine whether these folks will be on the liberal or conservative side of issues 50, 60 years from now. i just argue with justice scalia all the time who was a being originalist, being a contextual

us is the best protection of liberty, because you never know what issues will come up here you go back to the sterilization cases in the 1920's where it took an extremely conservative, catholic judge to dissent from all of the great liberals who admitted mandatory sterilization based on mental illness, or the japanese detention cases where the most liberal justice in the history of the spring court voted to uphold the detention order given by the most liberal president, president franklin roosevelt, so you never know what will be liberal and conservative, but let me tell you my greatest fear. in the wings, judge barrett, she says that she is against roe v. wade. ok, that is a reasonable argument to make, that it should go back to the states, it is really not a constitutional right of privacy, but if you read her writings, she also says there is a right to life.

the fetus is a citizen, a human being, an innocent person. if you take that argument to its logical conclusion, then there is not only a right to choice, there is not a right to choice, but there is no right to have an abortion. her is that if you take arguments to the logical conclusion, she would say there is a constitutional right not to be aborted, so that the state of new york, the state of california could not even permit abortions. and that is the dangerous aspect of her candidacy, although the constitution does say that nobody should be deprived of life without due process of law. so it would not be surprised -- it would not surprise me if i fears from now, 15 years now justice barrett was a wait a minute, shouldn't this go back to the states? there is actually a constitutional right not to be

aborted, and she would take the issue out of the states and put it in the constitution. david: which would be truly revolutionary. no question about it. this is what she wrote "we cannot always believe that justices will always believe -- vote the same way they write, but she would have to get for other people to go along with it. remember thattz: this president, if he serves eight years, make it to get for five additional people on the word. have an octogenarian liberal wing at this point, or close to it. i think my friend steve breyer turns 80 in the next month. we are one month apart. justice have of course ginsburg, who is 85. hethere is a concern that could feel quite a number of places in the supreme court. and i am not talking about next year or this decade, i am talking about down the line, the

potential that we may see the abortion issue turn into a debate about whether there is a constitutional right to life, which a lot of people in this country believe. david:. the abortion issue, which is gotten a lot of issue, thrown away. this court already chief justice roberts, he has artie indicated he hasybe once they -- already indicated that maybe he wants to cut back on the commerce clause. in could be a revolutionary approach to the independent agencies in washington. prof. dershowitz: they could, and that has been a big agenda issue for the federalist society. that is one of their core issues, to see that kind of change. i think any of the injustices that are on the list would support that kind of change. i think we are going to get it, probably, if trump gets to nominate two or three more justices. flavia: david: david: might we have gotten that anyway, from kennedy?

he was conservative come in many respects, when it comes to business. prof. dershowitz: liberal werervative justices overstated. scully it was very liberal when it came to rights of criminal defendants under the fourth amendment, under the amendment, jerseyfrontation clause was fairly liberal when it came to the first amendment. justice gorsuch as well to the right of him on those kinds of issues. justice kennedy was very conservative on criminal justice issues but much more liberal on social and religious type issues. you just do not know what the issues that will come to the supreme court are, that is why you can to get somebody for the generation, somebody who is well yet, who is knowledgeable -- brilliant, who is knowledgeable in the law, and with an open we can agree that these candidates are all smart and capable lawyers. there is no question about that. in issue that may come up

the shorter term if the president and the judiciary as well as congress, things like that. we can have easily a case before the supreme court asking the president to appear before a grand jury. what positions might these judges take if they were on the spring court? prof. dershowitz: the only one who would refuse themselves as a judge on the justice department or took a position on any of these issues. remember that two of the justices appointed by president clinton voted against him, and the same is true with justices appointed by president nixon, so when it comes to presidential you can do not think say that merely being appointed by the president, who is up before the court, is recusal. generally people recuse if they have been in the just assortment -- justice department or if have had anything to do with the case. justice kagan has done that on a number of cases. by the way, recusal is not

regulated by law. where justiceial scalia refused to recuse himself in a number of cases where many lawyers and experts thought we should have recused himself. review, assubject to you suggest. ok, allen, thank you so much. that is professor alan dershowitz, the author of "the case against impeaching trump," which comes out today. coming up, the trial interrelations of british prime minister theresa may continue foreign secretary boris johnson joining pre-brexit secretary david davis in resigning. that is coming up next. this is bloomberg. ♪ p next. this is bloomberg. ♪

david: this is "bloomberg markets: balance of power." i am david westin reporting from washington. we turn to kailey leinz for first word news. ley: tour de france -- riots broke out over the haitian raise fuelplans to prices. at least seven people died related to the demonstrations or looting. german chancellor angela merkel and the chinese foreign minister spoke out against u.s. tariffs, saying i multilateral trade is benefit everyone. deals worth 24 billion dollars, including want to build a chemical plant in china. merkel says china is making progress in opening as financial market to the world.

european central bank president mario draghi says improving regulation is on a self sustained path. he expressed confidence in economic growth despite the potential for a global trade war. mr. draghi: it only creates protectionism. a strong, united european union can help reap the benefits of economic openness while protecting its citizens against unchecked globalization. draghi also called for the eu to "lead by example" in lowering trade barriers across the globe. once a provision written into the draft of this country's new constitution that would require a new presidential election before being implemented. the spokesman said the move should and bank speculation that beyonds to expand office

2022. global news 24 hours a day, on air and @tictoc on twitter, powered by more than 2700 journalists and analysts in over 120 countries. i am kailey leinz. this is bloomberg. david: thanks so much. late last week, british prime minister theresa may thought but she finally brought people together to negotiate, but then david davis thought it over and decided he could not go along with the plan, so he quit. a few hours later, it was her or and secretary's turn, boris johnson, he quit as well. welcome emma ross thompson. thank you so much. the markets reacted not unfavorably to david davis leaving. what about now. emma: the markets took boris johnson's resignation of it more seriously. the background here is that normally in u.k. politics, resignations by cabinet members

have challenges, and we are waiting to see how pre-brexit lawmakers will respond. ,ill they write those letters you know, the official in the marquee to trigger a leadership challenge? so far, that is not very clear. is that noinst this one in particular wants to be prime minister at a time when negotiations are such at a delicate point. david davis made it clear he does not want to run for leadership. it is not whether boris johnson has enough of the personal backing to really run for the leadership. theresa may has made clear that if there were challenges, she arithmetic, and the is not on the side of the pre-brexit group. enough because they have members to trigger a challenge but probably not enough to win one

. and of course if they do go for a challenge and lose, then their position is even weaker, because they won i have another go for another year. limit,ternoon in our theresa may was pretty confident that she is sticking to that plan, the planet you are all caps, including johnson and davis, behind on friday. she is basically saying it is the only option and there is no alternative. david: david: david: she has been very busy today. do we have any readout of how the backbenchers are supporting her or not? will get up this evening. my colleagues are waiting for a the backbenchers who will be meeting. may will be addressing them. out, wesort of trickle will get a sense, but there have been a couple, for example, one lawmaker who in february signed one of the most accommodative letters to make,

demanding a hard brexit. he said he could live with me's plan-- may's plan. there is a sense they are not necessarily in the loop for a fight. when they comes back from brussels with the deal she is negotiating with the european union, when she brings it back to parliament, that could be another opportunity for lawmakers to vote against her version of brexit. , and it is kind of too early to tell whether we are going down that route or not, and the next opportunity will be october. david: still a long way to go for theresa may. in the ross thompson -- in the ross thomas, thank you for joining us. still ahead, more on these court choice and what the decision would make for regulation. this is bloomberg. ♪

david: this is "bloomberg

markets: balance of power." i am david westin, reporting from washington today. is area of the law by thedly touched regulation. we're bringing ryan radia, a nonprofit education advocating liberty government and free empire. you have you here. ryan: glad to be here. forward toou look age trump court, let's be frank, that is what it is, what do you look forward to in a cutting back? new rulese were 3000 issued in 2017, including to my colleague's analysis. matters quiteurt a bit in this round, because there are both current challenges in the court and future challenges that businesses or other groups will bring to rural, whether it is rules from previous

administrations being eliminated or new rules administered by officials. it matters because for some of the spring look at individual regulations in a different way, depending on the competition of the court. -- composition of the court. david: that's part of my of thoseis the latter two, because of course you can challenge regulation, and it goes up to the supreme court. this administration is clearly trying to deregulate. what about going after the very structure of independent nations? that is on the table. we saw it with the nlrb and the appointment of members, pocket pointers. theou see the shift in structure of regulation? ryan: i do. there is a case that could end up in the supreme court involving a challenge from a bank in texas to the structure,

particularly whether its head could be removed by the president or without cause. right now, there are layers of insulation. headed by one person. interpretingcy is and making a rule, the question court is not clear what the law means. the courts will say we will defer judgment, however, justices thomas and gorsuch have indicated they are skeptical of this doctrine. it is possible that with a new justice, we could see that doctrine. david: they do not have independent regulatory agencies. ryan: i do, to be sure, it is a long road before we get there, but we have separate powers. executive, legislative, and judicial. the independent agency is a creature that emerged in the new deal era, which is really hard

to fit with the framers. of what the constitution means. we could see them revisited with these multilevel agencies that make them more accountable to the present. david: brian, thank you for being here. that is competitive enterprise institute research fellow in regulatory fellow ryan radia. up next, how will him across fight the president's supreme choice? we will speak with ben wikler, the director of moveon.org. to tune in for supreme court coverage coming up from the white house. live from new york and washington, this is bloomberg. ♪ washington, this is bloomberg. ♪ retail.

under pressure like never before. and it's connected technology that's moving companies forward fast. e-commerce. real time inventory. virtual changing rooms. that's why retailers rely on comcast business to deliver consistent network speed across multiple locations. every corporate office, warehouse and store

near or far covered. leaving every competitor, threat and challenge outmaneuvered. comcast business outmaneuver. david: this is "bloomberg markets: balance of power." fromavid westin, reporting

washington. the markets are rallying today. here is abigail doolittle. abigail: they are rallying, david. after weeks and months of thetility, rumors, industrials and the dow transport areas have been hit hard by the possibility of a trade war, but now that it has happened, investors are buying. confirming the rally that we do see, stocks are up six out of the last seven days. the 10 year yield, up three basis points. the first time really in five days. bonds are pulling back. a bigare selling off, and piece of it has to be the financial sector. it is the best sector on the day. euro trading higher, the best since the middle of may. that if the euro continues to rise back above 2.5% for the 10 year yield, perhaps it will in fact healthy

net interest margin for the banks. thes take a look at intraday chart of twitter. we see some real weakness here. the end of march. this has to do with the company's announcement that it will be suspending one million fake accounts per day. investors and analysts are worried this will hurt the active user growth. david: active users. [laughs] abigail: some are saying over the long-term, it could in fact be a positive. while social media star stock my be down, same stocks are doing quite well. you can take a look at the same stocks on the year. overall, more than 40%, a pickup move and down days on the year, but up more so the last three days. stocks higher, the first time we have seen that in a few weeks. this is another piece of today's rally, david. david: thank you so much, abigail. we turned back to the supreme court now.

conservatives are greeting the pic by president trump with enthusiasm. progressives have a different response. we welcome ben wikler, washington director of moveon.org. give us a sense of how your organization, your members are regarding the stakes here on the supreme court. ben: for hundreds of millions across the country, arguably, this is a life or death fight. people are very aware that a vote for any of the supreme court nominees that trump has laid out his short list is a vote to end roe, to criminalize abortions, and to roll back protections for lgbt people and roll back the affordable care act. people understand the stakes for their own experience and fought accordingly. that is kind of the roadmap for how we will fight this battle. is that possibly overstated?

i keep hearing no, no, it is not overturn of roe v. wade. states will bring a various restrictions that may be upheld by the supreme court, but it may be will the away some, but really overturning, do you think that is in the cards in the next msa, five years? be lotsre are going to of states that passed the us six-week abortion bans and send of those all the way to the supreme court, and time and again, it will be hammered away. i think the chance that any of these four nominee actually hold the line of votes to sustain roe as a precedent is unlikely. they're going to find ways to totally undermine and destroy it. abortion access, reproductive freedom and's as they write that americans enjoy. david: is there another way that is life or death, encircling obamacare, via for all caps --

the formal care act, because various turns to overturn that have not been successful. could this do away with, shift the balance of the affordable care act? ben: i worked closely with parents, mothers, children with mr. ariel's -- mysterious medical abnormalities, protections with pre-existing conditions to be able to get insurance coverage and be able to survive, they are worried now. people are terrified of what was the supreme court will mean for their families, for the family's survival. that will translate into political energy. david: so the stakes are high for you and for your members. ben: yes. prospect ofere any stopping the confirmation process of this nominee? these are four very qualified judges. there is no question about that. is there any real prospect some of you think, of stopping it in the senate? ben: there is.

look at the health care fight. democrats had one fewer seats than the breast. we think that there is a real path through alaska and maine especially to be able to make clear that this is about a vote on fundamental principles that senator murkowski and senator collins have repeatedly proclaimed and voted on in the past. that is the way we do this, with and democrats holding republicans off, to make clear that in extreme nominee is something that 2/3 of americans oppose, which is ending roe, is off the table. david: what about holding the democrats? you also have west virginia, north dakota. you have states that voted for donald trump, and they are up for reelection in what could be a bitterly fought contest. ben: those senators have made clear they are going to be talking to each other and looking carefully at the nominee. i also think if collins and murkowski, out against a trump nominee, it will be very

possible to hold democrats together, and it is certainly the case that the constituents of those senators who may need to knock on doors for them, to donate to them, to be reelected this cycle do not want any of these extremist nominees on the bench. talking about murkowski and collect as a practical matter, whoever the nominee is the they know they will not going to say ok i know i'm going in to vote to overturn roe v. wade. what is there like i do not want to overturn, i will take every case as it comes up? ben: the burden of proof shows that they are not ready to throw out establish roe. they throw out will be allowed to skate by. if they are, it is a clear signal from michalski and collins that they do not have the pro-choice that had been the hallmark of their political career. now rather than later,

their 2020 reelection bids will be up for grabs as well. david: this is not the only project you have going on right now. midterms are coming up in november as well. if you want to win thing is basically defeat the nominee in the senate, how do you get progressives, democrats, because it will really create a powerful issue republicans? ben: the fact is, this would energize both sides, and that will happen regardless of what happens with this nominee. for progressives, it is clear that republicans will do all that they can. they will spend huge amounts of money, they push far right nominees, and this might not be the only supreme court seat left in the trump administration's's term. that will fire up the left but also the right, whether the immediate nominee is a concern or not, because of future nominees and the fight that we are about to have. there is no question it is raised on both sides. but if democrats fall down rather than fight, then they are going to fears of a scum and that is something no candidate

wants. david: a lot of people think it is pretty high already. ben, great to have you with us, the washington director of moveon.org, ben wikler. ben: thank you. david: for bloomberg's first word news, we turn to kailey leinz. kailey: british prime ministers recent may is likely to face a leadership challenge over her soft brexit strategy. boris johnson was the face of campaign, and his accident sends a message to those who voted to leave the block. may: we do not agree to the best way to honor the referendum. it is a proposal that would take control of our borders them our money, and our laws, but do so in a way that protects jobs, allows us to find new trade deals, and keeps our people safe and our union together.

kailey: johnson's resignation comes on the heel of brexit secretary david davis, who resigned last night. in turkey, the longest-serving ruler in the country's modern as sworn in today as executive president. order -- erdogan says he will' g credibility. palestinian president mahmoud to finds vowed palestinian attackers and their families. despite the israeli parliament's thesion collected on behalf. and harvey weinstein was back in new york courtroom today for a range of charges alleging he

committed a sex crime against a third woman. three counts of predatory sexual assaults, which carries a maximum sentence of life in prison among conviction. weinstein lawyer says all charges are false and that he will be vindicated. global news 24 hours a day, on air and @tictoc on twitter, powered by more than 2700 journalists and analysts in over 120 countries. i am kailey leinz. this is bloomberg. david? much. kailey, thanks so coming up, what president trump's pick for supreme court means for the future of landmark social cases, including same-sex marriage. justice kennedy, the key swing vote in a landmark. the plaintiff in that case will be joining us here on bloomberg. ♪ here on bloomberg. ♪

david: this is "bloomberg markets: balance of power." i'm david westin, reporting from washington. justice anthony kennedy cast a key deciding role in some of the most far-reaching decisions during his time on the court, it is the top of that in the case ofobergefell v. hodges upholding the cost original writ of same-sex marriage to mary. we welcome the planet the case, jim obergefell. welcome. tell us how you got involved in this case. you know about the case, obviously, but how did it come to you? i.c.e. it really have -- jim: it really happened because i married the love of my life, dying ofs als, and we learned that ohio, they would say he was unmarried and would leave my name off. it broke our hearts, but it made us angry. that was how it all happened.

it was purely by chance, by being led to a civil rights attorney who brought that to our attention. david: it was not to change the world, it was to change your world? jim: exactly, it was for dignity and marriage. david: how important was it to you and your husband but also to the lgbtq community that this decision came down this way? jim: it was incredibly important to the community. i think about the last three years of my life and how many people across this country have stopped me and thanked me, helped me with tears in their eyes, showed me photos of marriages of their children and talked about how marriage equality made them feel secure, made them feel safe, make them feel better about their kids' futures -- it was incredibly important to our community to be able to participate in the institution of marriage and to have that respected by our government. weid: it a few hours' time, will hear who president trump has asked to be the successor to

anthony kennedy. how do you follow that selection process different, given your before?ce, then you did jim: honestly, david, i not sure that i follow it any differently than a lot of people. of time and a lot effort into diving deep into the potential nominees, because who be?s who it will maybe i am burying my head in the sand a little bit, but i will wait to see who is the actual nominee, and then i will get really concerned. but for now, i just have to use my voice to speak out and say our rights, our ability to live as full, equal members of society are at risk, and it is not just the lgbtq community, it is the civil rights fight, it is women's right to control their bodies. some of us are scared, and we feel like our rights as americans are at risk. david: the issue of marriage and the death certificate in your

tragic situation is terribly important. it also works its way to congress. down thatecision come justice kennedy voted the other way on this year involving some cake bakers in colorado for a wedding cake, basically saying under the first amendment, this commercial organization could refuse to make a cake or two members of the same sex. how much does that hurt the community? that decision was not saying that they have the right to refuse -- service, ir said it was not to deny -- it said it was not to deny same-sex service and businesses at all, and the seven justices in the majority all signed on to that decision, which confirmed states and local jurisdictions' rights to implement and enforce nondiscrimination policies. so for me, we were hoping for a

decision that said this is unconstitutional, that lgbtq people across the nation deserve the same rights in public businesses as everyone else. that is not what we got. but it was also not be terrible decision that we fear. david: there is a moral component to this, but there is also the commercial. does the community have a sense of how much power it has, just the power of the purse, as it were? jim: i think we are starting to learn that more and more, and i think even back to my case in early 1990's, the it said no laws to be passed to protect the lgbt community, and it was individual activists but also the business community who started speaking of the status our business, this is hurting our ability to lgbtqt employees, and the

community has enormous spending power, and businesses are starting to understand that. we get thelly, as nominee at it goes through the senate confirmation process, what would you be looking for in the questions asked and the answers given that will either give you assurance or give you cause for concern? jim: i hope that questions focus not just on women's right to choose and other important civil rights issues, i want to hear questions about what is your opinion about the united states v. windsor and all of those cases that have an impact on our community. their opinion on nondiscrimination protections for the lgbtq community. are we really part of our nation's society, or are we not? david: jim, thank you for being here, that is obergefell v. obergefellntiff jim from the great state of ohio, almost as good as michigan. jim: [laughs] david: coming up next, setting

up a confirmation fight. the path to the supreme court goes through the senate, and they cannot afford any wavering votes for president trump's pic. we will tell you how they are preparing next. coming up, special coverage of president trump's supreme court decision. we will have several guests. from washington, this is bloomberg. ♪ his is bloomberg. ♪

david: this is "bloomberg markets: balance of power." i'm david westin, reporting from washington. whomever president trump chooses as a supreme court nominee tonight, he will have to work hard to get senate confirmation before the midterm elections in november. our hill reporter for bloomberg. give us what the president has

in store to get it through. >> it is going to be a whale of a fight regardless of who the nominee is. the names on a shortlist are great capital, amy coney barrett, raymond kethledge, and thomas hardiman, and all of them are expected to be more anthonytive than kennedy to this is obviously a rough moment for democrats in the senate, because they have to choose, especially those in conservative red states that president trump won, whether to stand or to cast their vote that a risk ofn as bipartisanship in the eyes of their voters. i am talking of course about joe manchin and west virginia, joe donnelly in indiana. these are three democrats who voted for neil gorsuch, trump's first pick. .hey will be closely watched democrats cannot win this on their own. they do not have the votes. revoke his can only lose if they pick off somebody in their own

ranks. those's closely watched are going to be susan collins and lisa murkowski. that: roe v. wade -- is really the issue, holding onto republicans? sahil: that is a key issue here for pro-choice republicans, most notably like susan collins. david, this is the first time since the roe v. wade ruling was handed down a 1973 that there could essentially be a vote to overturn it. one of the things that kennedy sided with the liberal wing of the supreme court was on the issue of abortion in the 1990's, he wrote an opinion that is essentially says the court cannot outlaw abortion wholesale. this could be the fifth vote to overturn a landmark ruling, so there will be a spotlight like never before on susan collins in lisa murkowski. they are pro-choice in some form or fashion. the key thing again about susan collins' rhetoric -- she says she will not support a candidate

that has demonstrated hostility to roe. the key word is "demonstrated." it could be someone who is widely known to be antiabortion, but if there is no paper trail -- david: yes, there is a big loophole. you mentioned on the democratic side joe manchin and heidi heitkamp. they are up for tough elections in november, and they cannot really afford to break with republicans. donald trump one thing though states by a good margin. sahil: if it is another matter where the president gets to pick and supreme court nominee, and if the senate stands in his way, it will be seen as another partisan foo fighters there is a potential roadmap for red state democrats to oppose trumps pick them and it was written by jon tester, the democrat from

carolina. he is facing reelection in a red state that trump won pretty handily, and he faulted gorsuch refusing to where he stands on key precedents, and his darks, "are plenty," -- " money," on women's rights for health care, which is code word for roe v. wade. if the nominee dodges, as most of them typically do, that could be a basis for wright state democrats to vote no. -- red state democrats to vote no. david: mitch mcconnell is giving advice to the president for who he things will be easier to get through. who is he say it? sahil: there is a report in the "new york times" that mitch mcconnell has conveyed to the president that two of the front runners, kavanaugh and ther barrett, would be harder to get through that someone like kethledge and hardiman.

the majority leader is holding his cards close to the best here. david: we will know about eight hours from now. sahil kapur, thank you so much. sign up for our "balance of power" newsletter. politics inl global your inbox every single day. coming up at 9:00 p.m. eastern time, special coverage of president trump's supreme court decision. we will have special guests. reporting from washington, this is bloomberg. ♪ is bloomberg. ♪

>> i'm kailey leinz. let's get "first word news." china making the latest move in trade with the u.s. they've told of these to boost imports anywhere from america.

they imposed tariffs on goods and beijing retaliated with duties on american products. clearent trump making it where he stands on nato before the summit in brussels here he tweeted that the u.s. is spending far more than anyone else on nato. he says this is neither fair nor acceptable. the american civil attorneys unit says the trump administration will miss the court ordered deadline to reunite migrant children with their parents. the news says they provided authorities with 102 children on the age of five but that less than five with joined their parents in time. the justice department asked for more time, but a u.s. district judge did not grant that. in thailand, eight members of the boys soccer team have been rescued. they are safe and recuperating. the other four players and the coach are trapped inside still. 30's think it may