america mourns the loss of a legal, cultural and feminist icon. i'm michael smerconish in philadelphia. supreme court justice ruth bader ginsburg has died of complications from pancreatic cancer. she was 87. she was appointed to the nation's highest court by president bill clinton in 1993, and only the second woman to be appointed to that position. she served as the senior as of the liberal way. somewhere along her journey she developed something akin to rock star status. a larger than life figure. jeffrey rosen, the president of the national constitution center joins me to remember the woman dubbed the notorious rbg. jeffrey has written a book called "conversations with rbg." let me begin by expressing our

condolences. many of us are discussing justice ginsburg today but few knew her as well as you and it all began in 1981 on an elevator ride. explain. >> i was a young law clerk, court of appeals, she was a judge. she was coming down from an exercise class. she was always exercising. we were in the sell vaelevator completely silent. just to break the ice because i was so sbintimidated. i blurted out what first came to my find, what ooper peras have seen recently? we just bonded over a shared love of opera. we continues that for a year and continues that over 30 years. it expanded and the friendship is one of the greatest blessings of my life. >> is it fair to say in a way she credited you with the

notoriety that she achieved because you wrote about her for the "new republic" when many didn't know the name ruth bader ginsburg? >> well, i was just a footnote in that important confirmation battle. as hard as it is to believe at the time, when justice white retired in 1993, justice ginsburg wasn't at the top of the list to replace her. some feminist groups were critical of her because of her criticism of roe v. wade. and i wrote a piece arguing that she would be the best candidate for the court. and that her nomination would be acclaim by liberals and conservatives. and senator monahan mentioned it and justice ginsburg was credited in some small way as being one of the unsolicited testaments from friends who knew her and her ordinary achievements helping to get the nomination. but i was just a footnote.

it's just a remarkable blessing that president clinton chose her. >> it's interesting that you recall the opposition that at that stage she had drawn from feminist groups. she's known as her legacy, i think you would agree, best in the area of discrimination. and yet, she often went out of her way to represent male plaintiffs. will you speak to that? >> she did in the '70s. she realized that the mostly male sexist judges were most likely to connect to male cases. and one of her cases, a father was a survivor and he wanted social security to care for his son. the law only gave it to women that women are the caregivers. also, part of her deeply powerful vision of equal treatment for her. in her view, the constitution

was an embracive document, embracive was her word, embraced men, women, people of color, lgbtq people always in equal protection of the law. >> not many of us can say we were married by a supreme court justice. tell me your story. >> it was amazing obviously. a small ceremony at the supreme court. she asked lauren and me to send drafts of our vows before the ceremony. and the thing about justice ginsburg she is an unbelievable deadline enforce and copy editor. she's the most fearsome copy editor. she said send the draft of your vows by 4:00 p.m. on tuesday. we forgot about the demo. we were decided about something else. 10:00 a.m. that morning, an email from the justice, i'm expecting vows at 4:00 p.m. oh, my goodness.

we edited, we sent them in at 3:30, i don't know, 3:45. she sends them back with her changes. she changed the line -- she originally used this line, jeffrey, you may kiss the bride. she changed it to jeffrey and lauren, you may embrace for the first kiss of your marriage. always copy editing. michael i can share one more copy editing story, the only time she ever became firm with me is when i sent her the draft transcript of the interview that is going to be published in conversations of rbg. the publisher asked for the deadline on friday. she had just decided the dissent in that voting rights case where she objected by the artificial deadline imposed by the state and the ballots wouldn't be counted. maybe she had that on her mind. she fired back i do not approve publication and i don't know i

can meet the friday deadline. so, of course, have as much time as you need. friday, 8:00 p.m., boom, the transcript comes back. the woman, i tell that story, her power of focus, concentration, always setting the bar higher for herself and everyone else. meeting every deadline, surpassing expectation, laser-like focus on every single task, every word, was part of what makes her the greatest advocate for constitutional change of our time. it was extraordinary to see that in action. >> your recounting of her work ethic is just remarkable. married for 56 years, and immediately after her husband's passing goes right back to work. am i correct? >> yes. and i asked her, you know, how did you do it? i interview eed her a few weeks later. and she said it's what marty would have wanted. if you just think about it for a second, it is -- she understood that we all have a

responsibility to be our best selves so we can serve others. she grieved him until the day she died, of course. and he was always part of her spirit. but for her, honoring their love and marriage was part of her continually serving her purpose and serving others. that's what we're trying to do today. that's what i'm trying to do talking to you. keeping it together to honor her memory and capture the greatness. so americans of all perspectives, regardless of whether you're liberals or conservatives, friends, watching today, recognizing how blessed we were to be in the presence of one of the most significant figures in american history, admire all that she devoted to public service and constitution. and properly do to that spirit, the national constitution center just two days ago ran this unbelievable liberty medal to justice ginsburg where they

assembled her opera favorites. i would love that you look at that video because it captures personal tributes from gloria steinem, and jennifer lopez. and some of the great opera singers, all speaking and singing what she meant to them. to me, this video is a definitive tribute to her shining spirit. i hope you'll share it as well. >> hey, thank you so much for humanizing her for the rest of us who never had the privilege of meeting her and getting to know her. can we end on a soft note? because i have recollection of something that i learned from your book. it was advice that she was given her by then, i think, p prospective mother-in-law. marital advice. do you remember where i'm going with this, jeffrey? >> yes, she loved to tell it. on the morning of the wedding, she was talking to her

mother-in-law, her mother-in-law said, sometimes it helps to be a little deaf. and justice ginsburg would add, very good advice i still follow on the supreme court. the idea was when there's an unkind word or someone loses their your path. her own mother told her, so you can save your energy for the most productive work. it's very hard work. it's very hard to achieve in practice. she achieved better than any human being i've seen. let's try to do that by doing that today and every day. >> that was beautifully said. thank you so much. i really appreciate it. >> thank you, michael. i want to know what you're thinking go to my website this hour @smerconish.com. this is the issue of the day. let's ask it, should the vacancy creating by the passing of ruth bader ginsburg be filled by

president trump and the current senate? we've already got a lot of reaction to that survey question. kathryn, what do you have from twitter? if trump tries to nominate a justice before the election all of the undecided bernie voters will vote for biden. all of the undecided women will vote for biden. all of the undecided black votes will vote for biden. i guess my only response to that tweet is i don't know there's so many undecided votes left. everybody's made up their mind. and it's a turnout election, not a persuasion election. i'm not detracting from your point, i just mean that the political impact will be its motivation factor. by the way, motivation for republicans and evangelicals. because what they most want out of president trump is exactly this, the recomposition of the federal judiciary. those on the left who are supporters of joe biden say, wait a minute, this is

hypocrisy. this is not the way you played with merrick garland. still to come in 2016, when justice antonin scalia died nine months from the election, senate majority leader mitch mcconnell refused to hold hearings for president obama's nominee to replace him merrick garland. but now 45 days away, mcconnell has pledged to get a trump nominee to replace rbg on the senate floor. there they be successful? i'm a physician, but my dream is to help young women

feel empowered. i'd like to have online courses teaching them body positivity and self-confidence. but when covid hit, i needed a financial plan to make it a reality. without andrea, my financial advisor from northwestern mutual, it didn't feel possible. she really put me at ease. andrea has my best interests at heart. she protected my dream.

at morgan stanley, a global collective of thought leaders offers investors a broader view. ♪ we see companies protecting the bottom line by putting people first. we see a bright future, still hungry for the ingenuity of those ready for the next challenge. today, we are translating decades of experience into strategies for the road ahead. we are morgan stanley.

fraudsters, they're out to get your medicare for the road ahead. number so they can bill fake claims in your good name. don't give them that chance. just calling to confirm your medicare number. do you have your card available? for example, if the caller says they're from medicare, watch out. it's probably a scam. don't give out your card number. and always check your claims statements for errors. report fraudulent charges to 1-800-medicare. guard your card. learn more at medicare.gov/fraud.

killer attitude. good moves. or hydration. neutrogena® hydro boost. the number 1 hyaluronic acid moisturizer instantly delivers 2 times the hydration. and keeps hydrating all day long. running dry of supple, bouncy skin? never! hydro boost. pair with hydro boost wipes to cleanse and hydrate. neutrogena® yesterday, at the age of 87, ruth bader ginsburg roousupremer ginsburg passed away due to complications of metastatic

pancreatic cancer. justice ginsburg affectionately dubbed rbg for from her fandom, the passing of such a prolific scholar would be a loss under any circumstances but as we sit 45 days from november 3rd, it's hard not to think about the impact this has on presidential politics. four years ago, we faced a similar predicament with one key difference. the conservative justice antonin scalia died unexpectedly. hours after learning of scalia's passing, senate majority leader mitch mcconnell announced that the republican-controlled senate would not consider a nominee from the obama white house. his threat proved true. in march, president obama nominated merrick garland, the chief judge of the circuit court of appeals to fill scalia's spot on the bench. although scalia had received

overwhelmingly bipartisan support, this time around, he did not even receive a hearing. four years ago, senator mcconnell argued to collect a new supreme court justice so close to an election and under circumstances would be to rob the people of their say in the matter. as chairman of the senate judiciary committee joe biden had warned of the nomination of a supreme court justice so close to a presidential election. >> it would be our pragmatic conclusion, that once the political season is under way, and it is, action on a supreme court nomination must be put off until after the election campaign is over. that is what is fair to the nominee, and especially to the process. otherwise, it seems to me, mr. president, we will be in

deep trouble as an institution. >> when asked in february of this year, how the senate would handle the scotus vacancy in 2020, mcconnell had this to say. >> let me remind you of what i said in 2016. i figured you'd have to go back to the 1880s to find the last time a vacancy on the supreme court occurring during a presidential election year was confirmed by a senate of a different party. than the president. that was the situation in 2016. that would not be the situation in 2020. >> last night, candidate joe biden said this about the scotus vacancy. >> let me be clear, that the voters should pick the president, and the president should pick the justice for the senate to consider. this was the position of the

republican senate took in 2016, when there were almost ten months to go before the election. that's the position the united states senate must take today. and the election is only 46 days off. >> but at the end of mcconnell's statement, honoring the passing of justice ginsburg, he made his position very clear. quote, we will keep our promise president trump's nominee will receive a vote on the floor of the united states senate. joining me now is amy howe, co-founder of the scotus blog. amy, was there ever really something called the biden rule? he said what will he said, i played the tape. but was that ever the mantra? was that ever signed off for both parties in the senate? >> well, it was all for the hypothetical. he said it, i believe, june of 1992, talking about a possible vacancy on the supreme court. but there wasn't a vacancy that occurred in which they had to

apply it. and then later on, he also said, you know, taken out of context, i was talking about the need for bipartisanship. so, i think it probably is a little bit of a stretch. it was maybe along the lines of what the supreme court might call an advisory opinion, rather than a rule. >> so, i went a bit into the weeds a moment ago. i thought it necessary to lay out exactly what the history was. and to present all of the facts. my own view is that the american people, maybe i'll be wrong, watching this at home will say, wait a minute, you treated merrick garland one way. and you're now trying to act differently. hypocrisy is really what i'm saying. >> it's really a kind of topsy-turvy world. republicans were very clear back in 2016 that they weren't going to give merrick garland a hearing, much less a vote because it was a presidential election year. and now they're saying, of course, we're going to give the president's nominee a vote.

and you weren't paying attention, we said it back then, and we're saying it again, because this is very different circumstance. because you had a democratic president and a republican senate. now we've got a republican senate and a republican president. it's not really clear what difference that makes. you know, i think there are accusations of hypocrisy on both sides. i think democrats are going to say, look, we're now just asking you to follow the rules that you've articulated back in 2016. >> well, isn't the reality, i mean, in response to senator mcconnell, isn't the reality that the reason you don't often have supreme court nominations put forth in the latter part of a term, when there's a divide between the senate and control of the white house, that often, you've got members of the supreme court, to the extent they're able to hang on, because they don't want someone from the opposing party to fill their seat? >> i think that is definitely right. i mean, for the most part,

members of the supreme court try to choose, not only for that reason, that is often a consideration. they want to ensure that they will be replaced by someone who will have similar views, as justice ruth bader ginsburg said that is one reason why she didn't retire at the time. because she couldn't put someone like me on the supreme court. and, you know, they also just do it for purposes of other reasons. you have justice sandra day o'connor retired to spend more time with her husband but yet she was also sort of talking it turns out behind the scenes of chief justice william rehnquist who was ill because they didn't want to have two vacancies at the same time. so there's definitely a fair amount of thought that goes into the process by the supreme court justices. so this has come up twice now, both times when the justices have passed away unexpectedly.

>> senator schumer said he'll hold the call with his caucus at 1:00 p.m. today. what options do democrats have other than to try and build some ground swell across the country that this is at odds with what went on four years ago? >> i think that -- you know, their option is to build ground swell, and perhaps with that ground swell, you know, to try to convince at least four republican senators to vote no on whoever the president puts forward. you know, they need at least four because if only three republican senators vote no, then the vice president mike pence can break the tie. and a nominee could be confirmed. >> amy, may i recommend the obituary that you wrote for scotus blog. it's very detailed. it has a lot of substantive information. and also a good snapshot of justice ginsburg's personality.

thank you for being here. >> thanks for having me. >> let's see what you're all saying via my smerconish page via twitter. imagine trump holding off on a nomination. good strategy for him to dangle the next nominee in front of voters who otherwise would have been done with him. my reaction would be to say the following, i get that the president and senator mcconnell are the same until so far as wanting to replace justice ginsburg with a conservative, i get it. maybe it's too simplistic to say they're on the same page, especially where the president's numbers currently are where they are. and you've got a number of republican senators who are on the bubble. at what point does mcconnell say, hey, i'd like to see president trump get re-elected. but, frankly, it's more important to me that republicans retain control of the senate. and does that then present some break in the road between the

two of them in terms of timing? file that thought away. i want to remind to you answer the survey question at this hour. should the vacancy created by the passing of ruth bader ginsburg be filled by president trump and the current senate? up ahead in past years through all that has gone on from impeachment to pandemic, the aggregate polling number of donald trump versus joe biden has basically never changed. will the vacancy on the supreme court of the passing of ruth bader ginsburg move that needle? come on, no no n-n-n-no-no only discover has no annual fee on any card.

my wife and daughter had been killed in an automobile crash, and lying in the bed were my two little boys. i couldn't have imagined what it would've been like if i didn't have insurance to cover them immediately and fully. forty years later, one of those little boys, my son beau, was diagnosed with terminal cancer, given months to live. i can't fathom what would have happened if the insurance companies had the power to say, "the last few months, you're on your own." the fact of the matter is health care is personal to me. obamacare is personal to me. when i see the president of the united states try to eliminate this health care

in the middle of a public health crisis, that's personal to me too. we've got to build on what we did because every american deserves affordable health care. i'm joe biden and i approve this message.

the game doesn't end after a spectacular touchdown grab because there's always another team looking to punch one in. with nfl redzone from nfl network on xfinity, you get every touchdown from every game on sunday afternoons. all season long. watch every breakout star, every heart pounding running attack and every big-time defensive stop. sunday's were made for football on xfinity. that's simple, easy, awesome. add the more sports and entertainment package for nfl redzone. click, call or visit a store today to learn more.

america is coming to terms with the loss of supreme court justice ruth bader ginsburg and unfortunately, politics plays a role. exactly how much could this shake up the 2020 election? up until now what has shaken this election, well, even before justice ginsburg passed, these

past 11 months have certainly been a whirlwind. consider that we've seen the following a strong economy that carried into 2020, impeachment, eye u.s. strike against iran. a disastrous pandemic, a racial reckoning with major protests. ex-trump officials speaking out about their former boss. and recently, the atlantic's reporting that the president had disparaged war dead. get this, none of those conditions, good or bad for the president, moved the needle on his support. atlantic editor robert brownstein wrote a great piece titled why the stafbility of th 2020 race promises more volatility ahead. in it, he cites the real political knowledge of national polls last october showed biden at 50.1 and trump at 43.4. the last result weekend, biden

50.5, trump, 42.7. especially no change. could this stable trend now change with the passing of supreme court justice ruth bader ginsburg. here to discuss his piece, cnn political analyst ron brownstein. ron, i highlighted that. that takeaway was mind-boggling. offer me your thoughts. >> well, i think -- first of all, ruth bader ginsburg passing obviously is an enormous moment in history. a figure of the law and the way supreme court justices have been, but i don't think it's going to change the presidential race very much. not only because the race has been kind of immune to significant alteration and people have zdug into donald trump but because it tends to reaffirm that stability. since politics since 2012, i've been arguing, the fundamental

dividing line, the fundamental fault line is between what i call the democratic coalition welcomes the way the country is changing be demographically and culturally, people of color, college educated, secular mostly located. and the restoration of those centered on blue collar, evangelical, and other white christians, outside of urban areas. the fight over replacing a supreme court nominee, goes right to the heart of that divide. and i think is more likely to reconfirm, than rearrange, the basic division that we now see in the race. >> here's what i took away from your piece. it was that we've moved away from being issue-oriented, having our disagreements on social issues and economic issues and tax cuts, abortion. and now, it's all become about identity. first of all, did i get the message? >> yeah. right. overwhelmingly -- i wouldn't say all, but overwhelmingly about

identity. the coalitions are driven by identity at this point. absolutely. >> okay. so does this issue then, the replacement of justice ginsburg, does this then become more of a motivator, for those who want to preserve the status quo, or america's great heritage? or those who are more akin to progressive changes taking place in the country? who benefits, biden or trump? >> look, i think it reaffirms the lines that we have in which the coalition of transformation, the democratic coalition, the coalition is that comfortable the way the country is changing is larger. if biden wins the popular vote as is virtually certain, it will be seven of the last elections in which democrats have won the popular vote. that's never happened, michael, in american history since the formation of the modern party since 1928. that will be enormous in the democratic coalition, about the

lasting of the supreme court that is hostile to essentially the entire social agenda of inclusion of that coalition. but because of the way that cool li coalition is distributed, even though it's larger it is not guaranteed to run thinking both in terms of the electoral college and the senate, each of them amplify the influence of the republican coalition. and i think that's exactly where we are in this election. it is worth noting with fresh polling as recently as this week in "the new york times" see ycn polls, with who biden trusts as a supreme court justice. i think these lines are very engraved at this point. i don't think that's going to change that. the bigger question is what happens to those republican senators in tough races for reelection. obviously, most of them are going to side with the party, despite the obvious, the big hypocrisy of 2016.

but you may only need a couple motivated by fear. we do have a few motivated by shame not to do this, mitt romney, lisa murkowski, pat roberts. the question is, susan collins, joni ernst, tom tillis, do any of them say i can't do this and get re-elected and do i care, that this will basically seal my fate. martha mcsally certainly did not already. >> ron, i get the stability of the race viewed through the national lens, as evidenced by the real clear politics averages. what explains then the disconnect between volatility in states like some that you've named, and the stable picture nationwide? >> well, i think part of it is an art of polling, part of it is states are subject -- the swing states you're talking about are subject to more active campaigning so it can be affected by which side is spending a lot of money on

television. you know, at that moment or not. but i would say, michael, you know, the swing states, unlike the president who said if you take out the blue states america is doing just fine on the coronavirus which obviously isn't true on its own terms. but the swing states are not separate from america. i've tracked roughly 20 state polls released last weekend, and joe biden led donald trump among college-educated white voters in 19 of them, all of them except south carolina, in many cases reaches places that democrats have never achieved before. on the other hand if you look at the noncollege voters are trump. there's a significant difference that biden is flying back to voters in the north, even as he faces deficits with trump running 70% or more of them in the south and people of color, you have this fascinating dynamic where trump is doing a little better than he was in 2016, largely because he's

improving among black and hispanic men. not enough to change the overall 2 to 1 or rough 70% of biden among nonwhite voters but not what's seen before. these polls, what you see in the national polls, they basically tell you the same story as i said before, donald trump's strategy is to squeeze bigger margins primarily out of groups that are shrinking at the expense of alienating the groups that are growing. and i do think a republican effort, you know, to put someone on the court at the this last moment will intensify. can i raise one quick point on that, this will be the third nominee seated by a president who will lost the popular vote, confirmed by a republican senate that represents less than half of the country, if you assign half of each state's population to each senator. in fact, the current senators won 14 million fewer votes than the 47 democrats in the minority. you go back, george w. bush losing the popular vote, and

scotus justices, the other two nominees on the court, thomas confirmed and we are heading towards a crisis of legitimacy around majority rule, i think, through the 2020 in this country. and a court that is hostile to the agenda of these emerging generations. you know, millennials and generation z at this point are a bigger part of the american population than baby boom or any point in history. i think we're heading to something like the late 1850s or the 1930s. and collision course. >> i'm going to take away from your think piece that these issues transcend donald trump. there are a belief, well, his antagonists -- well, if trump is gone in january or four years hence, we get back to some

semblance of normalcy. but the division that you write about in this piece suggests, okay, trump may be emblematic of it, but it's deep and it visit exists. and somehow we got to get well beyond it. they're waving at me, i'm way over. ron. let's get to your tweets. trump may just choose a more central leaning judge. no way, i'm not even going to read the second half of that. he's given you the list of 20. he's going to take a look at somebody like barbara logoa who is a three-ed fer. on the 11th circuit, formally a supreme court of the great state of florida. it's female, it's florida. its hispanic. in a state that he desperately

needs to win so much so that michael bloomberg is dumping $100 million in one state for joe biden. think about that. i want to remind you answer the survey question at smerconish.com, should the vacancy created by the passing of ruth bader ginsburg be filled by president trump and the senate? up next, if they're able to move forward with conservative placement what does it mean for future of divisive issues like gun, roe v. wade, not to mention the upcoming election itself?

with my hepatitis c... ...i felt i couldn't be at my... ...best for my family. in only 8 weeks with mavyret... ...i was cured. i faced reminders of my hep c every day. i worried about my hep c. but in only 8 weeks with mavyret... ...i was cured. mavyret is the only 8-week cure for all types of hep c. before starting mavyret your doctor will test... ...if you've had hepatitis b which may flare up and cause serious liver problems during and after treatment. tell your doctor if you've had hepatitis b, a liver or kidney transplant,... ...other liver problems, hiv-1, or other medical conditions,... ...and all medicines you take. don't take mavyret with atazanavir... ...or rifampin, or if you've had certain liver problems. if you've had or have serious liver problems other than hep c, there's a rare chance they may worsen. signs of serious liver problems may include yellowing of the skin, abdominal pain or swelling, confusion, and unexplained bleeding or bruising. tell your doctor if you develop symptoms of liver disease. common side effects include headache and tiredness. with hep c behind me, i feel free... ...fearless... ...because i am cured. if you can't afford your medicine,

abbvie may be able to help. myi'm 70 and i live in mill valley, california. if you can't afford your medicine, my biggest passion is gardening. i love to be outdoors. i have jaybirds that come when i call. i know how important it is to feed your body good nutrition. i heard about prevagen and i heard about the research behind it. taking prevagen, i have noticed that i can think clearly. my memory is better. i can say that prevagen is one of the most outstanding supplements i've ever taken.

prevagen. healthier brain. better life. you probably know but if you're just joining us, supreme court justice ruth bader ginsburg passed away friday at the age of 87. the court has five conservative justices nominated by republican presidents three liberal justices nominated by democrats. cnn has learned that chuck

schumer holding a call with his caucus at 1:00 p.m. to discuss the scotus and the democratic strategy. understanding because if the president and gop senate are able to put forth a conservative could be reshaped. what does it mean for gun rights, affirmative action, roe v. wade and more impressively for all of the rights that should arise as well? and joining me, he just wrote this piece, ginsburg's death sets off political battle over replacement. when gorsuch and kennedy and v kavanau kavanaugh, the ideological does not shift but this would be monumental, explain. >> well, it would be a much different shift, you're right

about that. those justices replaced those who were conservative. this would be something completely different in replacing one of the liberal justices. remember that liberal wins in the supreme court in recent years on same-sex marriage, on affirmative action, on abortion, the four liberals have stuck together and have brought over one of the conservative justices. if there are six conservative justices then that becomes impossible. >> it really -- and you addressed this in the "post" today, it really places the chief justice in the anthony kennedy position which he's been doing more and more recently. speak to this through the eyes of john roberts. >> well, you know in 2016, after scalia died, we all thought, okay, this means that chief

justice roberts' power is distinguished because there will be a liberal majority on the court, of course that didn't happen. as we've been talking about this morning because of the republican senate. instead, roberts became publicly the most influential and powerful chief justice in decades. now, we face that sort of prospect again, that his power will be englishediminished. his power comes from having four justices who are more conservative than he is and four justices that are more liberal than he is. putting him in that central position. with the court shifting with more conservativconservatives, move the center the court somewhere else. not to bt althouroberts. >> those of us who remember hanging chads, and certainly, the cnn audience does, that the situation that we're discussing shore consequential for the

outcome of the election? >> yes, for democrats and republicans over voting procedure, imagine that the election itself becomes an issue, who is going to decide that. like now, there are eight justices, as you say. from republican presidents, three from democratic presidents. i notice that senator mcconnell has not talked about when he would want a vote, whether it was before the election or after the election. but, you know, we're really going into some sort of treacherous territory. >> a final, very quick thought. if i were to name the supreme court justices and ask most americans to tell me something about them, their personality, i think they'd be stymied. and yet, justice ginsburg, we all felt like we knew her, right? >> well, she's certainly been around for a long time. and she got this recent

notoriety from notorious rbg which young people especially tuned into her dissents as she became an icon, and probably the most well-known member of the court. you know, the court is sort of largely anonymous as maybe it should be. the court wants to speak with one voice, rather than a bunch of voices. but she was certainly distinctive and, >> robert barnes, thank you so much. we appreciate your being here. >> my pleasure. thanks for having me. still to come, more of your best and worst tweets and facebook comments. and the final result -- this will be interesting. the survey question @smerconish.com. by the way, while on air i was handed the result of a brand new national survey on this very issue. so i'll be able to do a comparison between how the cnn audience is voting right now

versus some other polling data on the same issue. should the vacancy created by the passing of ruth bader ginsburg be filled by president trump and the current senate? go vote. d have the perspective to see more? at morgan stanley, a global collective of thought leaders offers investors a broader view. ♪ we see companies protecting the bottom line by putting people first. we see a bright future, still hungry for the ingenuity of those ready for the next challenge. today, we are translating decades of experience into strategies for the road ahead. we are morgan stanley. when i came to the u.s., my family was really poor.d. into strategies for the road ahead. now, i've got fifty employees. when the pandemic hit, i was really scared about losing my business. but osmar, my financial advisor from northwestern mutual, he told me, brother we got your back.

his financial planning helped to save my business. if i could talk to my younger self, i would say, you're going to be proud of yourself. balanced nutrition for strength and energy. whoo-hoo! great tasting ensure with 9 grams of protein, 27 vitamins and minerals, and nutrients to support immune health. -always have been. -and always will be. never letting anything get in my way. not the doubts, distractions, or voice in my head. and certainly not arthritis. new voltaren provides powerful arthritis pain relief to help me keep moving. and it can help you too. feel the joy of movement with voltaren.

this is going to be really interesting. first, here are the results of the survey question from smerconish.com this hour. should the vacancy created by the passing of ruth bader ginsburg be filled by president trump and the current senate? i haven't seen the result, but here it is. hit me with it. 93 to 7. put that back. 93 to 7, those of you watching say, no.

don't do it. i anticipated it would be that lopsided, but it is the question of the day. now, while i'm on air, marquette university law school this morning released a new national poll, national poll just days before justice ginsburg's death. put it up on the screen. here is what it concluded. when americans were asked, what should the senate do if trump appoints a skoe us the judge in an election year, 67% said hold the hearings. i mean, it's amazing. is that attributable to bias on the part of those who went and voted in my survey? is it that it's emotional today because she just passed? big disconnect between our votes and what marquette revealed. thanks for watching. see you next week. ♪ how about no

no uh uh, no way come on, no no n-n-n-no-no only discover has no annual fee on any card.

♪ i'm anderson keerp in new york. thanks for joining us today. there's a lot to cover as we remember the life of the late ruth bader ginsburg. we'll examine her life as an inspiration to women and young girls across the country. and delve into what she leaves behind. she had a final battle of