live. we do more than cover local news. at tonight, the major announcement, supreme court justice anthony kennedy reveals he's retiring. and now, president trump's chance to shift the court for a generation. justice kennedy known for years as the court's swing vote, siding with conservatives at times and siding with the liberals, too. president trump making it clear today, the work to replace kennedy begins immediately. tonight, the battle already under way. democrats scrambling. and the president in his own words. what he told americans he would do with the supreme court. also tonight, the police officer charged with criminal homicide in the death of antwon rose. he was unarmed, shot three times and killed as he ran from police. and tonight here, the new video. what it reveals just before that fatal encounter. breaking news tonight. the federal investigation just launched involving the detention centers holding children.

it comes after a judge ruled that more than 2,000 children separated from their parents must now be reunited. can federal authorities meet the deadline? one-on-one tonight, we ask that question. with. the threat of severe storms as we come on the air tonight, moving east. ten tornadoes already reported. there's also news coming in on the wildfires destroying homes. and what we've now learned tonight, the runway scare in new york city. passengers with their hands in the air. authorities feared the plane was being hijacked. and now, we learn why. good evening. and it's great to have you with us here on a wednesday night. and tonight, a monumental moment for the supreme court. today, we learned justice anthony kennedy is retiring from the court. he hand-delivered his letter to president trump. nominated by president reagan and serving 30 years on the court, he was often the crucial swing vote. a conservative, but he also sided with the liberal justices

at times, on issues including abortion and gay rights. he is now stepping down, and president trump right there in the middle will now get the chance to shake this court for at least a generation. the president offered kind words for kennedy today, and then said the work to replace him begins immediately. and you're about to hear tonight that moment in the third debate when donald trump told voters what he would do with the court. now he gets his chance. we begin tonight with abc's terry moran at the supreme court. >> reporter: justice anthony kenny who, for decades, shaped american law and life by the simple fact that he was so often the man in the middle, left the supreme court wihe loves with a short letter, one he hand-delivered to the white house and addressed to "my dear mr. president." in it, justice kennedy expressed his "profound gratitude" for what he called "the privilege to seek in each case how best to know, interpret and defend the constitution." >> he's a man that i've known for a long time and a man that i've respected for a long time. he's been a great justice of the supreme court.

>> reporter: president trump also made clear he knows the stakes could not be higher here. he will now reshape the supreme court for decades with his choice of the next justice. >> it's always been considered a tremendously important thing. some people think outside of, obviously, war and peace, it's the most important. >> reporter: and this supreme court nomination is even more crucial than most, because few justices in american history have exercised more power than anthony kennedy. he joined the court in 1988, appointed by ronald reagan. no conservative firebrand, he frequently agonized over the big decisions, but in landmark case after case, kennedy's crucial swing vote decided major issues, defining american law and shaping american life. he co-authored the key opinion upholding roe versus wade. he upheld affirmative action for minorities in college admission. and in a remarkable series of cases over the course of almost two decades, he championed the civil rights of gay and lesbian americans. in his 2015 ruling that

legalized gay marriage in america, kennedy wrote with deep feeling. "they ask for equal dignity in the eyes of the law. the constitution grants them that right." all of that now could be up for grabs. the supreme court, a huge issue in the 2016 campaign, and the very first question in that final, consequential debate. >> the next president will almost certainly have at least one appointment, and likely, or possibly, two or three appointments, which means that you will, in effect, determine the balance of the court for what could be the next quarter century. >> reporter: the candidates were asked where they want the court to take the country. >> i think when we talk about the supreme court, it really raises the central issue in this election, namely, what kind of country are we going to be? >> the supreme court, it's what it's all about. our country is so, so -- it's just so imperative that we have the right justices. >> reporter: as president, trump has already picked one justice, neil gorsuch. that's already paid off, gorsuch casting a key vote this week upholding the trump travel ban.

and now, the president will choose the replacement for gorsuch's mentor, the man in the middle, on whom so much has been riding for so long. >> so, let's get back to terry moran at the supreme court again tonight. and terry, just as president trump now gets really an historic chance to reshape the court, really for decades to come, it also comes at a time when his own policies will be judged by the court. you and i saw it just this week. >> reporter: absolutely. the travel ban case. president trump is a chief executive who tests the system. he tests the limits of presidential power, like few presidents we've ever seen before. the travel ban is just the first, because democrats are trying to use the courts to block president trump. and so, there's almost no doubt that among the major issues that will come before this court in the coming years, the court that president trump is reshaping, is the trump presidency itself. david? >> terry moran live at the supreme court. terry, thank you. tonight, democrats on capitol hill are scrambling. they say republicans have just a one-vote majority in the senate, and that this nomination should

wait until after the midterms. but republicans say no way. so, is there anything democrats can do to slow down president trump's pick? and what it's about to do to an already crucial midterm election. abc's chief white house correspondent jonathan karl on that part of the story tonight. >> reporter: it's the reason many conservatives came to support donald trump in the first place, his promise to transform the supreme court. and now, that moment may be here. >> we will begin our search for a new justice of the united states supreme court. that will begin immediately. and hopefully, we're going to pick somebody who will be as outstanding. >> reporter: he made no secret of what he'll do. during the campaign, he promised to pick pro-life judges, and today, he said he will choose from a list of 25 conservatives the white house put out last year. >> highly intelligent. hopefully tremendous people. i think the list is very outstanding. >> reporter: today, i talked to the man who helped the president

come up with that list, leonard leo, the long-time head of the conservative federalist society. >> it's a transformative opportunity for the president, for the country. >> reporter: to transform the supreme court? >> well, to transform the rule of law in our country. >> reporter: it will be an epic battle. republicans have just a one-seat majority in the senate, and democrats are insisting there should be no confirmation vote until after the midterm elections. >> millions of people are just months away from determining the senators who should vote to confirm or reject the president's nominee, and their voices deserve to be heard now. >> reporter: the republican senate leader said there must be no delay. >> we will vote to confirm justice kennedy's successor this fall. >> reporter: it was mcconnell who blocked a vote on barack obama's nominee, merrick garland, until after the 2016 presidential election. and then he orchestrated a change in senate rules. the so-called nuclear option, to

get president trump's pick, neil gorsuch, confirmed with a simple majority vote. the republican majority is even slimmer now, and tonight, the pressure on these three democrats is enormous. they defied their party and voted for gorsuch, and now, they are all up for re-election in states that trump won big. >> all right, so, let's get to jon karl, he's with us live tonight from the white house. and jon, as you just reported there, the president has a list of 25 possible nominees now. when is he expected to make this decision and i gather it will come pretty quickly? >> reporter: david, i expect this decision could come within the next few weeks, if not sooner. and this list is the reason why he can do it so quickly. his list of 25 conservatives that he says he will choose from. these are people who have already gone through a vetting process, in fact, he has already interviewed a couple of them back when he decided last year to pick neil gorsuch. he wants to do this quickly, because he wants to get his nominee confirmed before the midterm elections. >> all right, jon karl, stay tuned.

i want to bring in abc's chief legal analyst dan abrams. dan, a lot of reporting already on this, about what then candidate donald trump said in the third debate, often a pivotal debate. he was asked by the moderator, chris wallace, and this was the actual question, do you want to see the court overturn roe versus wade, and here's what he said. >> well, if we put another two or perhaps three justices on, that's really what's going -- that will happen. and that will happen automatically, in my opinion, because i am putting pro-life justices on the court. >> so, bottom line, dan, how likely is this? >> reporter: well, look. it seems clear that roe versus is as vulnerable as it's been since it was decided. but that doesn't necessarily mean that it gets overturned. justices tend to be very differential to previous decisions that they've already ruled on. so, what could happen is the opinion could effectively get gutted, which would mean, as a practical matter, it becomes nearly impossible for women in certain states to get abortions. but we'll have to see. >> certainly the most vulnerable it's been in many years. >> reporter: absolutely. >> all right, dan, and the second question, i wanted to put this up on the screen, because we talked about how justice

kennedy was a crucial swing vote. he sided with conservatives on citizens united, unlimited campaign financing, on the second amendment, on voting rights. but then sided with liberals on gay rights, abortion and affirmative action, so, he was a key player in the court for decades. >> reporter: that's right, he was. now the question is going to be, what happens with chief justice roberts? meaning, does he become a potential swing vote? >> does he shift? >> reporter: exactly. he's not going to be kennedy. i don't think anyone expects that, but he's so respectful of the institution of the court, and as a result, the question's going to be, does he fight to keep precedent on the books, in effect? and as a result, will he end up splitting from some of his conservative allies, will he evolve? we'll just have to see. >> all right, dan abrams, our thanks to you. our thanks to jon and terry, as well. the other major headline involving the white house tonight, the announcement from the president today that he will meet face-to-face with russia's vladimir putin. the president confirming the plan during a meeting with the president of portugal in the oval office, asked by a reporter if he would go to the world cup final in russia. take a listen. >> i think they're doing a

fantastic job with the world cup right now. it would look like we will probably be meeting sometime in the not too distant future, and i said it from day one, getting along with russia and with china and with everybody is a very good thing. >> so, not going to the world cup final, but committing to a possible summit with president putin. the president saying the meeting will likely happen around his visit to europe, which comes next month. we move on to the other news tonight, and major developments in the death of antwon rose this evening. an east pittsburgh police officer has now been charged with the shooting of the unarmed teen after a traffic stop. and new video tonight of the drive-by shooting that prompted that traffic stop. a person firing from the backseat. here's abc's kenneth moton. >> reporter: tonight, no justification. those strong words from the top county prosecutor charging east pittsburgh police officer michael rosfeld with criminal homicide for this fatal shooting of unarmed 17-year-old antwon rose, as he ran away from a traffic stop. >> antwon rose didn't do anything in north braddock other

than be in that vehicle. >> reporter: investigators released new surveillance video showing another teen firing out of a car window as antwon sat in the front seat. minutes later, officer rosfeld pulled over the vehicle suspected in the drive-by shooting. witnesses say antwon showed his hands, turned and ran. rosfeld fired, hitting antwon three times. the one to the back, fatal. >> what was this police officer supposed to do? there's a car that was obviously involved in a shooting, an attempted murder, right up the road. the windows are blown out on the car from return fire. >> reporter: for days, demonstrators and antwon's family have demanded justice. >> he should've been in jail the day after it happened. he should've been fired five minutes after it happened. >> reporter: today, antwon's mother too upset to speak. her attorneys calling the charge the first step. >> we want a conviction of someone who murdered her son. and we really won't find justice unless we find that. >> reporter: a conviction in

police shootings is rare, but the district attorney believes he has a strong case, calling officer rosfeld's statements inconsistent. rosfeld's lawyer says he was just doing his job, and will let the legal system play out. david? >> kenneth moton tonight. thank you. we're going to turn now to a american flashpoint back in the headlines. a federal indictment for a deadly incident in charlottesville, virginia, you'll remember last summer. a suspect accused of driving into that crowd that was protesting against a white supremacist rally. one woman died. several others were injured. james field jr. now faces 30 counts, including hate crimes. we're going to turn next tonight to breaking developments involving immigration, that flashpoint on the border. just moments ago, the government now announcing an investigation into conditions at shelters for migrant children who have been separated from their parents. this all comes after a federal judge in the last 24 hours ordered that authorities now reunite more than 2,000 children with their parents. abc's chief national affairs correspondent tom llamas asking the head of border patrol, can they make the deadline?

>> reporter: in the skies over arizona, customs and border protection closing in on an alleged human smuggler and a woman traveling with him. >> we're about 5,000 feet in the air right now, eight miles from the border. it is triple-digit hot down there on the mountain and in the valley. and cbp has spotted two people, one, a male, dressed completely in camouflage, another, a female, dressed in red. and they have climbed to the top of a mountain. today, we saw up-close the daunting challenge to patrol the border and the extreme changers to illegally cross it. and tonight, a growing immigration crisis involving separated families getting even more complicated. a federal judge ordering the government to reunite more than 2,000 children with their parents within 30 days. children under 5 within 14 days. do you think the federal government is going to make that deadline? >> i think they're going to work really hard at it. we respond to court orders, obviously. my counterparts at health and human services and i.c.e. have been working this issue to connect families. >> reporter: just yesterday, the secretary of health and human

services grilled by senators. >> it sure doesn't line up with the first-hand accounts of parents that i hear from who desperately want to know where their kids are. >> there is no reason why any parent would not know where their child is located. i could, at the stroke of -- at keystrokes, i've sat on the o.r.r. portal with just basic keystrokes, within seconds, could find any child in our care for any parent. >> reporter: but this mother at a denver shelter says that's not true. brenda says while in detention, she begged for information about her 7-year-old son for weeks before she was told he was in a shelter 2,000 miles away in miami. all she wants is her son back. >> so, let's get back to tom llamas tonight, reporting in from tucson. and tom, this evening, we mentioned that breaking headline that late today, the hhs inspector general will now be reviewing conditions for the children at those shelters. but there was another developing headline, this one was major, as well, it came from the house up on the hill today.

a defeat for immigration reform? >> reporter: that's right, david. and this was a piece of legislation many called a compromise bill. it's a big defeat for certain republicans. and we were actually hiking across this extreme territory near the mexican border with customs and border patrol agents and the commissioner when he received this news. he expressed frustration, saying congress needed to pass this bill, it could have been the first step in trying to fix immigration. david? >> tom llamas back on the story tonight. thank you, tom. we're going to turn next here to a primary election shocker here in new york city overnight. a 28-year-old democratic socialist unseating a ten-term incumbent congressman who many thought could one day lead democrats in congress. alexandria ocasio-cortez appearing as surprised as anyone when the numbers came in after campaigning tirelessly on the far left agenda, in a rapidly diversifying district. she beat representative joe crowley, the fourth-highest ranking democrat in the house. >> that's why i'm running for congress. this race is about people versus

money. we've got people, they've got money. >> many now pointing to that message in her ads. ocasio-cortez is likely to win come november. there is still much more ahead on "world news tonight" this wednesday. the passing of a patriarch. joe jackson's famous children responding tonight. also the severe weather threat at this hour. the powerful system moving east. ten tornadoes already reported. homes destroyed. also, what we've learned now triggering that runway scare here in new york city. passengers, you can see there, with their hands in the air. they feared the plane was being hijacked. and tonight, we learn why. and the disturbing new details tonight in the murder of a young father while camping with his two daughters. that murder inside the tent with the girls right there. a lot more news ahead. plaque psoriasis can be relentless. your plaques are always there at the worst times. constantly interrupting you with itching, burning and stinging. being this uncomfortable is unacceptable. i'm ready. tremfya® works differently for adults with moderate to severe plaque psoriasis.

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there were several cases near the same campground in the last two years, they're now investigating whether they're related. and the patriarch of the jackson family has died. joe jackson died early this morning. he was 89. a strict disciplinarian, he often feuded with his children, including michael, but his contributions to their music was enormous. daughter janet jackson saying in recent days, "my father, my incredible father drove me to be the best i can." when we come back here tonight, the surprise outside a hospital building in the heartland. suddenly, the superheroes scaling down the wall. you've got to see it. capital one and hotels.com are giving venture cardholders 10 miles on every dollar they spend at thousands of hotels. brrr! i have the chills! because of all those miles? and because ice is cold. what's in your wallet?

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asking, isn't this the best? 9-year-old jake was told there were heroes on the way. >> oh, my goodness! >> reporter: a team of superheroes rappelling down the side of blank children's hospital in des moines, waving to those little heroes inside. >> look at that, he's got his spidey web. >> reporter: dad colby allen, holding his 10-month-old son, boone, touching the glass, hand-to-hand with spider-man. the masked men are from larry's window cleaning service in des moines. >> to see one of their favorite people come flying into their very room, and give them that big smile. >> reporter: captain america, jessie schwartz-vah-trauber, waving hello. on the far left, that's batman, john newton. the flash, jesse howard, flashing a smile. >> the way they light up once they see us, it's just awesome. >> reporter: and the parents, tonight, thankful. one last wave. the next call awaits for the window washers who are america strong. we need more superheroes. we'll see you tomorr breaking news, several people injured including two children in a san francisco

accident involving a pedi cab. word from washington gives the city of concord a reprieve. i am michael finney, "7 on your side" is helping out with the evacuation. we will talk about that coming up. and that breaking news is in san francisco where five people including two children have been injured in a hit and run crash involving a pedi cab. good evening, i am dan ashley. >> and i am kristen sze in for ama daetz. this crash happened near embarcadero. kate larson just got on

scene. >> reporter: many families get on pedi cabs to get around the city just like this pink and white one. this happened just in the 4:00-hour. i am told by the owner there was a family in this pedi cab when a car hit them and drove off. the owner of the company says her driver of the pedi cab is in critical condition. the family, two adults and two children, some of them are going to the hospital but she believes they are in okay condition. now she says she has spoken to witnesses and nothing like this has ever happened in her time with the pedi cab company. >> a pedi cab was crossing the intersection on a green light and was hit from behind by