planes and fly home. it is a holiday weekend and they want to go back to their states but they're waiting for this vote to be completed. so whoever it is that hasn't voted yet is not going to be popular. shannon: looks like we got the final vote in that we're going to get today. >> as a reminder to our guests in the gallery, expressions of approval or disapproval are not permitterred in the senate -- permitted in the senate gallery. are there any senators in the chamber who wish to vote or change a vote? if not, on this vote the ayes are 50, the nays are 48, the

nomination of brett m. kavanaugh of maryland to be an associate justice of the supreme court of the united states is confirmed. majority leader. >> i ask the motion to reconsider be made and laid upon the table and the president be notified of the senate's action. >> without objection. >> i ask for -- >> sergeant at arms will restore order in the gallery. the clerk will call the roll. chris: after three long months, the nomination which came on july 9th and the confirmation which comes today, brett kavanaugh is officially confirmed to the supreme court and we'l will take his seat on e court on tuesday after the columbus day holiday. please stay tuned to fox news channel and this fox station for continuing coverage of this story. i'm chris wallace. shannon: i'm shannon bream in

washington. shannon: let's bring back our panel in washington as we have just watched this moment in history, mo, start with you. we talked a little as we were waiting for this vote to go forward, there have been strenuous protests at every turn. it is now official that judge kavanaugh will become justice kavanaugh. where does the resistance, the fight against this process as we saw it play out, where does it go next? >> i think senator schumer probably said it best and that is it's going to take place at the ballot box. i think, yeah, there will be -- i'm sure there will be protests, we were talking off camera about how there will be protests his first day seated. i would be surprised if there weren't. the place to affect change is at the ballot box. we heard people on both sides say elections have consequences. for those on the left who feel that this process was unfair,

feel that judge, now soon to be justice kavanaugh is going to make rulings anti-thetical to what they believe, there is one recourse and that is to vote. chris: the judicial crisis network very supportive of judge kavanaugh. you have been out, speaking very much on his behalf throughout this long process. your thoughts now that it's official? >> i'm just so proud of how this process has ended despite the circus-like atmosphere really from the get-go in this process. judge kavanaugh is someone who has a track record of 12 years on the d.c. circuit court of appeals. he's someone who is a seasoned judge who developed an you amazg reputation for even handedness, coming in nonpolitical,

non-partisan. i think he will continue that on the supreme court. it's a good day for that court to have someone of his stature there joining those justices and i know that he is someone known for cle collegiality as well. chris: what do you think as you look at the pictures of protesters, i will say there are some pro-kavanaugh protesters here, supporters here, i've seen some signs that said believe kavanaugh, but you've got to assume the vast majority of these folks are upset with how the senate has voted today. do you worry about that this has unleashed a reaction in the country? >> i think we see it as leader mcconsistent saidconnell said, e reaction on both sides. a number of people have written to me or received social media messages, talking about how insensed they are at the lack of due process being thrown here,

the willingness to throw aside as professo the professor was sg putting aside the value of innocent until proven guilty. it's a fundamental value of western society. we need to not be willing to just because we disagree with someone on policy or judicial philosophy throw aside all of that in a no holds barred effort to defeat that. that's what was so discouraging about the process. i'm happy that so many people saw that and said that's not the direction we want to go. i would hope that some people also on the left, would say let's not do this going forward. we can have a reasoned debate about judicial philosophy and that's appropriate but threats, intimidation, like senator collins and others have experienced and just shouting and disruption like we saw today, we saw during the hearing, that's not actually the best way to have a reasonable argument about these things. shannon: in watching this over the last few weeks, i was struck by a different tone from the

president. we did see him flair up a little bit monday night at his rally where he does get wound up and often goes off the prompter. over the last few weeks, it was as if he was able to resist a lot of him impulses with regard to twitter and other things he may have wanted to say about the accuserringsaccuses, for the mot was a disciplined showing by him. >> it was. if you go back to the way president trump has handled the issue from even before the election, when he realized what an important issue this was for republicans and a potent tool it could be to get him elected and we went along with those lists of highly unorthodox things for a candidate to do, but he remained very disciplined about it and one of the most effective claims that people would try to make to conservatives is you don't know who he is going to nominate. you don't know if he's going to stick to the list. conservatives are like i hope he will, i hope he's not going to put up judge judy.

anything could happen. so not only did he stay disciplined through it, but once he got elected he kept to his word on those things. and it's that discipline on this issue that i think is one of the most important aspects of his success. but something tells me he's probably going to let loose tonight. the rally tonight -- i think that maybe judge kavanaugh's name will come up a couple of times and i think all the pent-up discipline that we've seen the last couple of weeks will be let down at that point. shannon: he may -- >> i do think moment that you referenced, shannon, where the president at that rally, where he openly mocked dr. ford, was a galvanizing moment for both sides. i think a lot of judge kavanaugh's supporters who are feeling frustrated by the process, we saw it in the crowd that was in that arena that night cheered the president on, were laughing along with him.

but there are a lot of people on the left who saw that he may have been disciplined everywhere else but saw that moment and were appalled. a lot of the republican senators were appalled. that i think will come back to haunt come election day. chris: hold on here we'll come back to you in a moment. there has been muted reaction thus far from the many protesters gathered outside the supreme court and the capital. let's go to leland vittert on the street among the protesters. set the scene for us. leland: chris, were you right earlier when you said the vast majority here were people anti-kavanaugh. and there was sort of this shoulder that took over the -- shudde are that took over the crowd when the tally from the vote was announced. it's hard to know who all of these people are. we saw a lot of folks out with kids, some of the washington, d.c. brunch crowd, people with dogs and die-hard protesters. were you here to protest, sir? >> no. leland: no? again, people looking around,

waiting to see -- were you here to protest? they weren't here to protest either. it's difficult to find and separate that in this crowd. a lot of people from out of town, to watch. the one thing, chris and shannon, that resonated from the speakers, you can see a lot of people with with signs here, talking about is that this is much more than just about brett kavanaugh. they were resigned today pretty much that they lost the battle here about brett kavanaugh. really shannon what we were hearing you now, and chris, is this issue of trying to turn this into the larger war for november. a lot of talk about it's only 31 days until the midterms, a lot of rallying cries, trying to get people out to the polls and not only get them to the polls but to get them fired up to work and organize for democratic congressmen and senators ahead of november. chris: leland, i see there's still quite a crowd there particularly outside the capital building. the vote is over. the senators are going home. is there going to be an event? is there going to be a rally?

what are they waiting for, i suppose? leland: great question. and depending o who you ask, you get a different answer. this is the supreme court building. equal justice under the law, that's where they sort of all gathered. the capital police threw everybody off of the capitol steps a couple hours ago. people who didn't want to leave were arrested. ma'am, can we talk to you for a second? no, doesn't want to talk either. it's sometimes difficult to figure out exactly what the plan is here. there's about six or seven groups that we've been able to find out here and then you get about five or six different answers from each of them about what's planned next. we'll be waiting. when it happens, you'll be the first to find out. shannon: thank you very much. if you are just joining us, it is official, judge brett kavanaugh has been confirmed as the 114th justice of the supreme court. joining us now with perspective, dana prio, host of the daily briefing on fox news. she joins us from new york.

dana, listen, you have more personal connection and networking with the kavanaughs than most of us do, having worked in bush 43 white house. how do you think the family must feel after what they've been through to get to this day? >> possibly completely shattered in terms of exhaustion. relieved, possibly a little euphoria as well. and also maybe quite reflective. i think that one of the things you saw from brett kavanaugh when he testified is he talked about his faith. he has a strong nate i faith ine lord and he was relying on the faith to get him through. he also reveres the constitution, loves the constitution and the law. and maybe after tonight, i think he's probably thinking ahead to the cases that will come before the supreme court, the major issues that this country has to grapple with when it comes to liberty, when it comes to privacy, all the challenges that the country is facing. i hope that he and his wife and daughters and family can take a moment to celebrate.

they have been through a lot. the country has been through a lot. and i think when he wrote the op ed in the wall street journal that some people loved, some people chri criticized, i thinke was trying to signal that the judge that he was for 12 years with over 300 opinions, that that is the kind of judge he will be on the supreme court. so i think shannon, that's probably what is on his mind right now, possibly also a lot of gratitude for the president who first hired him in the bush 43 white house and put him on the circuit court, then the president who stuck by him and nominated him and stuck by him and that is president trump who goes now tonight to kansas for a rally with a significant campaign promise kept and also just a unified republican party unlike we have seen in possibly 10 years. chris: dana, i want to ask you on a kind of personal level

about brett kavanaugh because you did work with him in the bush 43 white house and for those of us who have been following him in public on tv, there really have been three brett kavanaughs we've seen. first of all, the legal scholar, immensely comfortable discussing judicial decisions, rulings, precedents and his original judiciary committee briefing, then the interview with our colleague, martha mccallum where he seemed very constrained, very uncomfortable, understandably so, dealing with the charges and then the kind of kavanaugh unplugged that we saw in his second judiciary committee testimony when he was very fiery and really took on the democrats in a very contentious way. your view, which is the real brett kavanaugh? >> well, i think, look, he's a total human, right. the full spectrum. essex seedingly gracious, also an exceeding intellectual. i remember one thing, chris, in 2005 i was a spokesperson for

john roberts. he had just been nominated to replace justice sandra day o'connor who if you remember, she resigned and it was quite a surprise to everyone but president george w. bush had a list of possible nominees. john roberts was a choice. i remember as a press officer i was getting so many questions, so many he legal questions, i couldn't answer. i'll never forget, it was a friday night, around 7:30 p.m., if you ever waited tables, i felt i was in the weeds, there were too many requests, you don't what to do with them. about 7:30 at night, i went to the staff secretary's office, i was still there and i said i'm sorry to bother you, brett, but i need help. he sat with me for about an hour and 30 minutes and explained to me all of these different cases i was being asked about, one of them being roe v wade and the right to privacy and the complex there and explaining how this happened in the supreme court over a long period of time. and then you could go out with

him at night and have a good time and a laugh. i never saw any bad behavior by brett kavanaugh, only an exceedingly gracious person. shannon: thank you very much. we'll check back in with you. joining us now, john thune, also the senate republican conference chairman. senator, you got this across the finish line. how do you feel right now? >> very historic, shannon. this is a terrific day for american people. this is why republicans got elected. it was because we were committed to putting judges on the court who are going to apply the law and the constitution as it is written. and that is what judge kavanaugh represents and so we're very -- we think this is a great day for america, it's a great day for the supreme court and it's a great day for the rule of law. shannon: i know that people focus on these moments but you all do get things done, there are things that are done in a bipartisan manner. there seems to be wounds and divisions between friendships and relationships across the aisle right now. what's you're feeling on that

front? do you pick up and go back to work, mend these relationships, how does it work from here. >> there's lots of things as you pointed out and bills that we passed this week, we passed major pieces of legislation. i was at the white house yesterday for a billing signing ceremony with the president. he signed it into law. things are getting done. things will get done going forward. but this is an unfortunate chapter and it's unfortunate chapter because of the way in which democrats sinicly exploited the letter from dr. ford to try to sink this nomination. it didn't work. i think the american people understand what's at stake here and i think the message that we are sending is that an unproven, unsubsta substantiated uncob s d allegation doesn't move forward. we're excited about the confirmation vote and think judge kavanaugh will be a great justice on the supreme court. chris: there are some people

who suggest one of the reasons that these supreme court fights have become so political is actually because of the failure by congress to get more done, that you don't solve -- you collectively, not you personally, the great issues, whether it's immigration or other key issues and as a result a lot of these political issues end up before the court and they have to step in because of the void. do you think there's some legitimacy to that complaint? >> you know, i think, chris, that it can always be argued that the legislative process is slow and arduous and cumbersome and that's the way the founders designed it, particularly in the senate. but we don't need a super legislature on the supreme court. i think you see two distinct judicial philosophies. the democrats' being we want a super legislature, we want the outcomes that we desire in a matter of a political process. we don't think that's what the court is about. we think the court needs to be

about being the umpire that calls balls and strikes in an even-handed way that is fair in the way it handles these cases and faithful to the law and the constitution. we believe that's what the role of a justice is and i do think that there's probably been a deviation from that for a long time now and we think that kinds of judges the president is nominating, the kinds of judges we're processing and confirming, both the lower courts and to the supreme court represent the kind of justice that i think people in this country expect and what our founders intended. shannon: senator john thune, thank you for your time. >> thanks, shannon. thanks, chris. shannon: we've got much more live coverage ahead. soon to be justice kavanaugh could join the court as early as tuesday. (whispers) with the capital one venture card... you'll earn unlimited double miles on every purchase, every day... not just "airline purchases." (loud) holy moley that's a lot of miles!!!

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officially sworn in. very exciting. shannon: he faces a big workload. he's got to get sworn in to get busy, back to cases on tuesday. jennifer griffin joins us from the scene on capitol hill. what's it like there, jennifer? >> reporter: well, shannon, we have been speaking to senator as they left the senate floor. we're here in the basement of the russell senate office building. we just spoke to senator patrick heleahy who questioned why the rush to confirm justice kavanaugh. he said if republicans have nothing to hide, then why rush. the mood among democrats resigned i would say. i spoke to senator tim mccain. he spoke about looking forward to the november elections. if you look at the senate floor, our long-time reporter, chad, said he has never seen so many disruptions during a senate vote. there were an us precedented number of protesters in the gallery, in those 121 seats.

when senator flake stood up, you heard one protester shout "coward." it matched the mood outside on the capital steps. 200 protesters broke through a barricade, made their way to the capital steps, some of them were arrested. there was a lot of anger particularly among women voters. they are looking at the women in the senate, 23 women senators, six republicans, the most prominent republican, susan collins, all eyes will be on her senate seat in maine. she is up for re-election in 2020. there's a political action committee that's been formed and as of the last few days there's $3 million in that pac to unseat susan collins in maine. so a lot of emotions on capitol hill. democrats who we spoke to, left the senate vote resigned to the fact there's a new supreme court justice. they couldn't stop the vote from taking place today and they lost 50-48. back to you.

shannon: jennifer, let me ask you. a lot of the different members we talked to this week have been resistant, a lot of them don't like to have security or capital police with them, they like to walk around capitol hill to their homes or whatever they want to do. many said they were left with no option. is that still the feeling out there or some of the folks you run into, are they on their own? are they with staff? what's the sense today? >> reporter: i think it calmed down from yesterday's. yesterday was intense. the public was allowed into senate office buildings. it was very tense. the consistent front stations in front of office -- confrontations in front of offices, senator jeff flake couldn't return to his senate office and wase seen on the house side -- was seen on the house side yesterday because of so many protesters outside his office. today, much calmer, much more orderly. the protesters were pretty much limited to in front of the supreme court and that moment when they broke through the barricades and made their way up to the capitol hill steps.

even then it wasn't tense. the police had things under control and it was orderly as they led those away who were being arrested. but they were willing to be arrested. that was part of the protest today. so a lot of emotions, i'd say, but most of them out in front of the capital, in front of the supreme court, not here in the halls of the senate office buildings which are closed to the public today. chris: jennifer, thanks so much. our special coverage of the historic confirmation vote for the next supreme court justice, judge brett kavanaugh, continues in a moment. shannon: we just reported the president's reaction by tweet. so you now, next, we'll take you live to chief white house core upocorrespondent john roberts fr more in just a minute. stick around. a once-in-five hundred year storm

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of maryland to be an associate justice of the supreme court of the united states is confirmed. chris: vice president mike pence announcing the culmination of 14 weeks of controversy, the official confirmation of judge brett kavanaugh to the supreme court. shannon: president trump currently on the campaign trail, or supposed to be taking off for kansas. he's expected to make remarks after the final vote. we are hearing that mitch mmcconnell will make remarks first. let's check in. >> congratulate him on his victory and also the president, a good day for america and an important day for the senate. we stood up for the presumption of innocence. we refused to be intimidated by the mob of people that were

coming after republican members at their homes and in the halls. i couldn't be prouder of the senate republican conference. we also want to thank senator manchin for helping us. with that i'd be happy to take a few questions. >> you talked about that this has been a dark period and you hope you can turn the page to a brighter day. based on what we've seen for the last three weeks, what both parties have lobbed at one another, how do you get to that point -- >> we've seen both sides of the senate during the same period, during the same period, we were having thighs hug this huge argr the supreme court, we passed an opioid bill on a bipartisan basis. a five year faa extension, we just completed doing the best job on appropriations in 20 years. we were able to have a fight

over something both sides felt deeply about and work together on other issues at the very same time. >> your side and on the democratic side, they were mad. >> these things always plea blow over. even though there was anger over this particular fight, as i said at the same time, they weren't news worthy because they won by big margins, we were doing important things together that hadn't been done in a long time. >> mr. leader, mr. leader, okay, mr. leader, two questions for you. first, how do you view what impact this is going to have on the court? >> i called on the woman behind you. >> okay. >> do you have any concerns that if democrats later control the white house and the senate that they could confirm a more partisan supreme court justice in the future?

>> well, a little history lesson, just i've given this to you guys before, but executive counter was always done on a simple majority basis until bush 43 got elected. always. even though it was possible to filibuster, it simply wasn't done. so this notion of filibustering executive branch appointments are a relative new thing, invented ironi eye ey ironicalle filibusters during bush 43's term. saw this evolve through several phases over the next 15 years leading us right back to where we were before. and there were plenty of consistent b ten shoes nominations when -- contentious nominations when the filibuster was possible, th like clarence

thomas' nomination. it went to the floor, was confirmed, 52-48 and all off know it only takes one senator, just one, to make us get 60 votes. nobody did. so we are simply back to dealing with the executive calendar on a simple majority basis as we did for 230 years or so down to bush. and i don't think -- and you know, it will advantage the other side at some point as it always did down through history. >> leader mcconnell what do you think the impact of this will be on the fall midterm election and going forward? do you think this has long or short-term ramifications for the party? >> it certainly had a good impact for us. our base is fired up. we finally discovered the one thing that would fire up the republican base and we didn't think of it. the other side did it.

the tactics that have been employed both by judiciary committee, democratic senators, and by the virtual mob that's assaulted all of us in the course of this process has turned our base on fire. i was talking to two of my political advisors yesterday about the advantage that these guys by their tactics have given to us going into these red state competitive races and we're pretty excited. they managed to deliver the only thing we had not being able to figure out how to do shall i was to get our folks fired up. the other side is obviously fired up. they have been all year. >> do you think there are long-term ram phi cases in the way would -- ramifications in the way women view the party, the women in the hall that said they have situations -- >> you mean women like senator collins, and senator fisher and senator hidesmith and senator ernst.

this was about treating someone unfairly. this was about evidence being relevant. not about unsubstantiated charges. >> senator, you heard several of your colleagues say that the country needs to heal, the senate needs to heal. do you think that the country and the senate need to heal after this and if so, what are you going to do to make that happen? >> well, i just finish reading john meacham's latest book which is kind of a trip through american history and some of the more challenging periods we've had. this is nowhere near as challenging as some of the experiences we've had in the past throughout our history. the senate and the country will get past this. we always do. the geniuses who put together this constitution knew what they were doing and we've had plenty of low points in our history and i think this is nowhere near the lowest points we've experienced.

the mccarthy era, the rise of the klan in the '20s after woodrow wilson premiered birth of a nation in the white house. we've had some other low points. we always get past them. >> you mentioned senator collins, democrats are now saying that she is their top target for 2020. what can you say about the level of -- >> not top priority. >> senator lindsey graham had an interesting thing the other day when he cited the merrick garland standard, he did not consider a supreme court nominee once the 2020 presidential primaries have begun. >> let's talk about 2016. i'm glad you brought it up. you'd have to go back to 1888, 1888 to find the last time a senate controlled by a different

party than the president filled a vacancy created during a presidential election year. i knew full well based upon what joe biden had volunteered in 1992 and chuck schumer and harry reed had volunteered in 2007 that who controls the senate when you have a vacancy that close to the election makes a big difference. there's not a doubt in anybody's mind here, i'm sure, that if the shoe was on the other foot in 2016 and there had been a republican president making a nomination to a democratic senate it wouldn't have been filled. so we'll see what it looks like in 2020. first do we have vacancy, second, who is in charge of the senate. >> if there was another vacancy, if bay dee bader ginsburg were e the court, would you encourage the president to put another conservative on the court. >> of course. >> how do you view this in the context of legacy? >> will you try to encourage

more female republican women to join the judiciary committee after all of this. >> that's a good question. we encouraged several of our women senators to go on the committee and i intend to do that again at the beginning of the next session. their particular priorities have not -- there's been no effort to avoid it. i've tried to encourage them to do it. obviously without success. we would love to be -- have one of our women senators on the judiciary and hopefully that will be the case next year. thanks a lot. chris: senate majority leader mitch mcconnell wrapping up his post confirmation news conference. i said earlier in our interview with senator mcconnell, shannon, that he is not a deeply or outwardly emotional man. that was about as ecstatic, as rollicking as mitch mcconnell gets and rightly so. he has made putting conservatives n the court, not

just in the supreme court but the court of appeals and district courts, perhaps his top priority because he thinks it has the greatest long-term effect on the country and to now have put 26, which is at this point a record, for this soon into a new presidency, 26 confirmed members to the court of appeals and now two supreme court justices, a big deal, a real accomplishment for mitch mcconnell. >> shannon: it's been his priority since he said he would hold a seat open back in february during the presidential year. we're getting brand-new information, that judge brett kavanaugh is going to be sworn in later today. there are two different oaths that a new justice takes. so one will be administered by chief justice john roberts. the other by retired associate justice anthony kennedy. you may remember that judge kavanaugh clerked for judge candy along with justice -- judge kennedy, along with justice gorsuch. they say they want him to get to work immediately.

chris: no time for celebration, he's got to read court briefs. they're hearing cases next week. shannon: let's go to the white house. let's check in with john roberts from the north lawn. busy day. they're not wasting any time putting him to work. >> reporter: you are the master of understatement there. no question about that. there's going to be a ceremonial swearing in of judge kavanaugh at the white house, maybe on monday afternoon or very early on tuesday. i think monday afternoon probably more likely because they'll want to get him seated on the court on tuesday. the president who is now winging his way to topeka, kansas will have more information on that. i expect we'll probably hear from the president when he touches down in topeka. we have a statement from him on dwitter in which he says i applaud and congratulate the u.s. senate for confirming judge brett kavanaugh to the united states supreme court. later today i will sign his commission of appointment and he will be officially sworn in, very exciting. the president is going to a

political rally in topeka that is for chris ko bak and steve watkins. this is going to be the president's rally, a huge victory plavictory lap for the . he was up against the ropes for this nomination. he dug in his cleats, partially based on personal experience of having accusations leveled at him and refused to give up kavanaugh. he knew to do so was probably going to be bad politically in terms of the midterm elections because it can dampen republicans. hshannon: john roberts, we'll check back with you shortly. in the meantime, we've got to take a quick break. more live coverage after this. you're headed down the highway

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the facts matter. this is a chamber in which the politics of intimidation and personal disruption do not win the day. this is the body whose members themselves uphold the same commitment to american justice that we seek in the judges we examine. a vote to confirm judge kavanaugh today is a vote to end this brief dark chapter in the senate's history and turn the page toward a brighter tomorrow. chris: mitch mcconnell's argument carried the day. judge kavanaugh was confirmed by the senate in a 50-48 vote and he'll be sworn in at the supreme court later today so he can get to work after the columbus day holiday on tuesday, when they'll be hearing cases. shannon: we just heard mitch mcconnell say the senate stood up for the presumption of innocence by confirming

kavanaugh to the supreme court. joining us now, john ewe, uc berkley law professor and jonathan serley, fox news contributor. welcome to you both. >> thank you. shannon: i'll start with you, john. we talked about this during the initial confirmation hearing. you got name checked during that because of some time that judge kavanaugh spent in the george w. bush white house years ago. and today even still i'm getting e-mails from the left saying we uncovered more documents that we need the know about his time from in the white house, so he's officially confirmed now. he'll be sworn in later today. sounds like the fight for some people is not over. >> i.>> i think there are goinge people on the left that judge kavanaugh is on the supreme court for the next 20, 25 years. it's interesting, maybe it's worth looking at what's going could come down the road. i don't think justice kavanaugh's going to be some great opponent of abortion rights or affirmative action or

gay marriage at first. the thing he's going to do, you i bet, the thing that will make progressives unhappy based on what he's done as a lower court judge, he's going to tack the independence of the federal bureaucracies, spreading their power without political accountability for 20, 30, 40 years, maybe going all the way back to the new deal. i think that's the progressive machine that's producing law all the time that i think justice kavanaugh is going to be an enemy. progressives are going to be upset. chris: we see a car here and it's outside of the house and suburban washington and that is outside the house of the new supreme court justice, brett kavanaugh, and he's apparently going to get into that car and drive down to the supreme court where he's going to take two oaths, one to the constitution, one to the judiciary, administered by chief justice roberts and his mentor, legal mentor, retired justice anthony kennedy, which will officially make him a justice of the

supreme court. continue on. but we'll interrupt -- let's see. is that -- no. we're waiting, trying to see whether he's in the car or not. i guess he is because the car seems to be moving. >> is he driving himself or does he have security? chris: let me say, my experience with supreme court justices, he won't drive himself ever again at least as long as he's a member of the court. they travel with a security detail. shannon: i do recall one time -- >> just is the commas does like -- thomas does like to drive around the country in his rv. shannon: there was a you few minutes -- we found out later it was bus justice scalia got stopped for a parking ticket on the g.w. park. >> actually he was in a car accident. he was american, he did drive like an italian. shannon: yes, he did. he enjoyed it, like everything else he did.

chris: let me say, any italians out there who didn't like that comment about the driving abilities of italians, please direct them to professor yu. >> i have the greatest respect for italians and their driving. >> i'm half italian. i live near scalia. i stayed off the roads when he was driving. chris: you can direct them to professor turley. shannon: there has so much made -- john touched on this, there e has been so much made about that justice kavanaugh would rip away rights. when they were listening to that susan collins speech who said they're a little concerned and the things she outlined, talking about how much he voted with merck garland, that those were actually reasons that the really conservative folks didn't want him picked off the list. where will he actually be in his jurisprudence. >> there is an irony. president trump is no fan of

john roberts and yet the resume that looks most like brett kavanaugh is roberts. they have a very similar background. but there is an interesting issue of timing here. where kavanaugh's likely to move the court to the right from where kennedy left it will be in areas like criminal law, death penalty, detainer rights, those things you can expect that he will change kennedy's legacy. on monday he missed two of those major cases, gunny and madison and one dealt with the so-called non-delegation principle. these are all these types of core cases. my guess is the first question for roberts will be to call reargument of those cases because he could very well be the deciding vote on those. chris: one of the other issues that came up in the course of the hearings is the issue of presidential power and what seems to be a fairly expansive

view of presidential authority on the part of judge kavanaugh. let me start with you, first, mr. yu, as someone who worked with him in the bush 43 white house and then to you, jonathan. your sense of where kavanaugh's going to come down on the issue of presidential power. >> it's a great question, chris. i think that is an area where you could see justice kavanaugh moving the court more towards if you want to call it a conservative position. judge kavanaugh, even before he was a judge, brett kavanaugh had been one of the highest aid aidn the white house. i had seen him be a defender of prerogatives of the presidency. when he worked for ken starr in the whitewater investigation, he was a pursuer of the presidency. i think looking at what he did as a judge, what he tried to do is expand the authority of the president over all of those

agencies, the hundreds and hundreds of them that are constantly making rules and regulations. those were his most famous, most important opinions. also in the area of foreign affairs i think judge kavanaugh would be push the courts to be more differential to presidential control of foreign policy, diplomacy, more and that's an area where justice kennedy, his predecessor, mentor and the person whose seat is going to occupy, was much more uncertain. he famously voted to place guantanamo bay camp for example under judicial scrutiny, something i would expect justice kavanaugh would have gone in the other direction. shannon: i think as we're looking live there, we're just about out of time. we have to wrap up this segment. we thank you both for stopping in. you just saw moments ago newly confirmed judge brett kavanaugh leaving his home. he was not alone. he had plenty of company. he's heading to the supreme court where the pr protesters ae

gathered. there will be a swearing in after he gets there. chris: he's not going to have to get through those protesters to get into the court. there's a back way in. sheaf congressional correspondent mike emmanuel is standing by on capitol hill with reaction. we'll hear from mike. >> reporter: good evening. after -- a judge is due to become a justice. a live report coming up. ok everyone! our mission is to provide complete, balanced nutrition... for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure. now up to 30 grams of protein for strength and energy! ♪ c♪ crawl inside, wait by the light of the moon. ♪ applebee's to go. add a fountain drink to your next order for just 99 cents. now that's eatin' good in the neighborhood.

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chris: the vote is done, but there is still much more to come tonight with judge kavanaugh headed to the supreme court to be sworn in and president trump headed to a campaign rally in kansas where he's expected to weigh in. welcome to our second hour of our -- actually this is our third hour. shannon: we have lost count. chris: coverage of the kavanaugh confirmation vote. i'm chris wallace. shannon: i'm shannon bream. five days of committee hearings, almost 30 straight hours of floor debate. the senate has spoken. soon to be justice kavanaugh will take his judicial seat in a few days. journey it has been. mike emmanuel begins our team coverage. >> good afternoon. after a tense and really brutal few weeks in the united states senate, the moment became very serious on the senate floor. you had 99 senators sitting at their desks forhi