"Many Americans voted for Donald Trump because they feared that a Democrat winning the White House would appoint another liberal judge to the Supreme Court. In recent times, the court has often ruled on politics, not the law. Mr. Trump nominated 49-year-old Neil Gorsuch from Colorado, who has a very solid judicial record. Today, there were hearings in the Senate and, predictably, some liberal politicians do not like the judge simply because he is not a liberal. So even though his record is stellar and his philosophy independent, some Democratic senators will not vote for him. All judges in America should have just one rule - what was the intent of the original Constitution? If they reject that, then they make decisions based upon their political beliefs. Here's the best example: There's no question the Constitution gives the president the power to stop some foreign nationals from coming to the USA. But activist judges have blocked President Trump's travel order saying it is anti-Muslim. If that were the case, Muslims from Egypt, Saudi Arabia, Pakistan and other countries would be included in the president's order. So everybody knows politics, not the law, is involved here, and eventually the president will win in federal court. But the activist judges don't care. They have temporarily blocked the order and are liberal heroes. As for Judge Gorsuch, it looks like he's a traditional man who believes the intent of the Constitution should reign. Summing up, intent, not evolution, should be the litmus test of constitutional law. And that's why a traditional judge like Neil Gorsuch is vital. He will likely sit for decades, presiding over a country in the middle of a social civil war."

Juan Williams and Lisa Boothe analyzed the Gorsuch hearing and the prospect for his confirmation. "If it were just a matter of qualifications," Williams said, "I would vote for Judge Gorsuch. But if it's just a matter of qualifications, what happened to Merrick Garland, who was President Obama's nominee for the same seat? He wasn't even granted a hearing! If Republicans think they can steal a seat, are Democrats just supposed to lay down?" Boothe lauded Neil Gorsuch as a model jurist. "I agree with you that legislating from the bench is scary and problematic, so that's why Democrats should support someone like Neil Gorsuch. He is an independent thinker who says he will buck the president if need be."

Most major media outlets have been unrelentingly hostile towards Donald Trump and his administration. The Factor asked FNC's Bernie Goldberg whether that opposition will extend to Judge Neil Gorsuch. "The conservative Media Research Center sees media bias in the coverage," Goldberg reported, "because only Fox News ran the Gorsuch hearings live on Monday. The other networks stayed on the FBI hearing, which made Donald Trump look bad. But I don't think that was liberal bias, I think the FBI hearings were far more important. As for opinion journalists, the commentators at the other networks and newspapers are liberal and won't like a liberal judge. If we were less partisan, he would be confirmed 100 - 0."

Guests: Judith Miller
In 2005, then-New York Times reporter Judith Miller spent 85 days in jail because she refused to divulge a source to a federal grand jury. She'll enter the No Spin Zone to talk about the current state of the White House and the many leaks Mr. Trump has had to face in his short time in office.

In Rockville, Maryland, a 14-year-old girl was allegedly raped and brutalized by high school students Henry Sanchez and Jose Montano. The 18-year-old Sanchez is in the country illegally and had been under a deportation order. 'The Five' co-host Dana Perino elaborated on the very disturbing case. "Rockville doesn't say it's a sanctuary city," she reported, "but they operate that way. If you are picked up in a routine traffic stop or as part of an investigation, the police officers do not ask about your immigration status. But the county and the city say they do cooperate with ICE when it comes to detainers. Also, the Supreme Court ruled in 1982 that a school cannot ask students about their immigration status. What happened to this girl is just so gut-wrenching when you read the details of it." The Factor lamented, "We are not demonizing illegal aliens, but I am saying the system is out of control!"

A proposed law in California would grant leniency to people who intentionally spread AIDS to others. The Factor asked Kimberly Guilfoyle to explain. "It's as crazy and dangerous as it sounds," she declared. "What kind of a mentality is operating here that a legislator thinks this a good idea for public health and safety? This should remain a felony - when someone willfully tries to give someone else HIV, why would you say that's okay?" The Factor denounced the ultra-liberal California politician who is pushing the legislation: "Scott Weiner says he doesn't want to 'stigmatize' someone who has AIDS. It is incomprehensible and staggeringly irresponsible."

Greg Gutfeld and Bernard McGuirk opined on quarterback Colin Kaepernick, the former San Francisco 49ers quarterback who is hoping to be picked up by another NFL team. "You cannot blame the teams for avoiding him," Gutfeld said. "Football is about football and not about politics. I'm a lifelong 49er fan and he has made me change the way I look at the team. I used to think of Joe Montana, now I think of this sniveling runt." McGuirk suggested that Kaepernick is getting exactly what he deserves. "He spit on the military and the cops for cheap grandstanding. But I just saw on Twitter that he was signed to a one-year deal by ISIS."

Cristi Loken, Fontana, CA: "Bill, you were right when you told Charles Krauthammer that you defended President Obama when you thought it was warranted. Charles is not objective when it comes to President Trump."

Harald Fox, Dana Point, CA: "O'Reilly, surprised to see you using the liberal tactic of shutting down the conversation by labeling your guest (Charles Krauthammer). Not fair and balanced."

Jack Dapra, San Diego, CA: "Thank you for calling out Charles, O'Reilly. I think he believes Trump is not worthy of the office."

Candice Freeland, Paducah, KY: "It appears as though you've returned to your senses, Mr. O'Reilly. You acknowledged that Charles is smarter than you."

Hats off to the popular country band Florida Georgia Line, which is bringing severely wounded veterans to their shows and supplying some of them with the high tech track chairs that make such a great difference in their lives.