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 for this historic

vote. then the announcement came with vice president mike pence in the chair. >> 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. >> just before that critical final vote, the senate majority leader made a passionate appeal on behalf of judge kavanaugh. >> judge brett kavanaugh is among the very best our nation has to offer. he will make the senate and the country proud. he will serve with distinction on our highest court. >> lacking the votes to stop the kavanaugh nomination, the senate minority leader appealed to democratic voters to step up. >> change must come from where change in america always begins. the ballot box. so to americans, the so many

millions who are outraged by what happened here, there's one a judiciary democrat tried to rally those disappointed by thio didn't think possible. the mocker in chief mocked dr. ford. >> now this nasty fight on capitol hill leads us into the midterm elections, just 31 days away. chris, shannon? chris: mike emmanuel on capitol hill, thank you. protesters even though the vote is over are still gathered outside the supreme court, where brett kavanaugh is headed to be officially sworn in. those protesters making sure their voices are heard. right now leland vittert is live outside the capitol, among the protesters. leland? >> chris, the organizers are certainly doing their best to try and keep all the protesters around. although it's thinning out quickly, and a lot of the people you see behind me are more spectators than they are protesters. it is difficult to get a lot of these people to talk to you and

voice any of their opinions. right now we have been seeing this group shouting and yelling at senators as they head out from voting and on their way home. talked to some democratic antikavanaugh protesters and i said hey look don't you worry that this is going to galvanize republicans? one woman said to me i don't know how much worse it can get. on the other side, republicans say they're not really concerned by the groups out here of democrats who are fired up, mostly today. you've got people talking about november. they really viewed the kavanaugh vote as a foregone conclusion. you can see some guys behind me are happy about the vote today. on the other hand, you have a lot of other folks who are clearly not so happy about the vote. both sides pushing, chris, towards november. chris: leland, i'm not suggesting you'd tell them, but do the protesters out there, particularly the protesters in front of the supreme court, do they know that judge kavanaugh is headed to the court right now to be sworn in as justice

kavanaugh? >> yeah, they figured that out pretty quick on twitter, chris. so they definitely all said, you know, we're going to stick around and we're going to chant and on and on and they say this is yet more proof of it being done in darkness, that they are going to swear him in on the evening of his confirmation. unclear, though, in terms of whether we're going to get the numbers to stick around. it peaked here about 11:00, and that's when we had about 150 or so arrests up on the capitol steps. since then the crowds have really continued to thin out. a lot of the people that you talk to and see in these pictures, you say are you here to protest. they say no we just wandered down to say hello, met some folks from indiana and others from southern california up here on vacation, much more watching this than participating in it. shannon: all right, leland vittert in the middle of the action. thank you. on the heels of the confirmation vote in the senate is president trump's rally in topeka, kansas. that event is a few hours away. our doug mcelway is standing by there on the ground where the president will certainly we

guess doug be firing folks up tonight. >> you know it, shannon. people have been camped outside since yesterday on a cold damp autumn day in central kansas. they remain very very enthused. just over an hour ago, this was about half full. as people got the news that brett kavanaugh was confirmed through text messages, through e-mails, from cell phone calls the audience erupted in applause here. in route to topeka, the president tweeted and i quote i applaud and congratulate the u.s. senate for confirming judge 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 last we heard from the president in his actual voice about judge brett kavanaugh was waiting on the south lawn as he waited to board marine one. here's what he had to say. >> this is a very exciting time. any time you have a chance to

put a supreme court justice in position and in this case i think he's going to be a great great supreme court justice for many years. very exciting time. so we're going to kansas. but we will see you in a little while, after the vote. >> before arriving here at this arena in a little over two hours, the president will attend a fundraiser for republican gubernatorial candidate, who has been an avid anti-immigration person who worked very hard with many states to craft their immigration laws, worked hr vefly with the white house to craft -- worked very hard with the white house to craft immigration laws. also another tight battle against paul davis the democrat also today. when the president speaks here, he will be completely unleashed following what is arguably the biggest victory of his presidency. you recall earlier this week when he spoke at the rally in

mississippi he was advised not to mention brett kavanaugh's accuser. he rejected all that, spoke about her. spoke out very heavily against her credibility. he returned to washington to endure the wrath from both democrats and republicans. there's an alternative line of thinking that may have helped somewhat in the republican base and among women in the republican base. the midterms are just a month away and the president wants to maintain the momentum that he has seen from the brett kavanaugh controversy. we will be watching very closely what he has to say when he speaks 6:30 local time here in topeka. back to you. chris: doug mcelway at the trump rally in topeka, kansas. thank you. this is a major victory for a lot of people, brett kavanaugh especially. senate majority leader mitch mcconnell, president trump and the g.o.p. joining us now, republican national committee spokesperson kayl kaylee -- say your last name.

>> that's okay. it is a tough one. chris: that's embarrassing. we know this is apparently according to the polls really galvanized republicans. we heard in a press conference a little bit earlier from mitch mcconnell that he thought this was a political gift republicans have. this really mobilized the republican base. you have to admit it's also mobilized a lot of democrats as we can see from the protesters all over capitol hill. >> sure, but the difference here is that those protesters were already motivated. we saw that at the women's march that happened. we're seeing it again now. they were already going to show up. but all of our polling showed a gap in enthusiasm, democrats were 11 points more motivated than republicans in the latest pew poll. well, that gap has shrunk to just 2 points. i just got done responding with our data department, who confirmed to me that they have seen positive movement in all of our senate races. and likewise, spoke with our

regional director on the ground in nevada, and he said voters are energized. these are not just republican voters. he said nonpartisan typical nonvoters are very energized and motivated. he's seeing it anecdotally too. chris: the analysis, the conventional wisdom in washington, which is i don't have to tell you is usually wrong, is that this may be true for senate races, statewide races, but when you have these slivers of populations and districts, for instance, in a suburban district that might tilt republican and where republican women may have been turned off by this vote. the suggestion is this may help you keep the senate but might hurt you in terms of keeping the house >> well, what we've seen in our polling is we had to motivate what are called soft republicans. so individuals who may not be part of the hard core trump base and our polling indicated that in fact these voters may not realize the stakes if democrats are to take back the house. we firmly believe that the

stakes were highlighted and very vivid, very obvious terms over the last two weeks when you saw the resistance obstruct tactics of the democrats to delay, those soft republicans we think have mobilized and will be mobilized and that will help us in the house. we believe in both the senate and the house, this will help us. >> kayleigh, you know how tough these races are going to be more so on the house side. top democrat pelosi hoping to rebecome the speaker of the house. she calls this is a profoundly heart breaking day for women girls and families. we've talked about this. how do you fight that message? >> well, we think it's been fought for us by what you're seeing on your screen. when you have susan collins, a woman as the determining vote for brett kavanaugh, and the reaction of the women march protesters, the ones you are watching, is to put out basically an ad saying that she

sympathizes with rape. that drives republican women to our side. it drives moderate women to our side. they reject that kind of talk about a dignified respectable woman like susan collins who made an educated choice and laid out in a 45 minute speech why she decided the evidence weighed in favor of justice kavanaugh. shannon: speaking of evidence, congresswoman pelosi also says she's going to announce she's filing a freedom of information act request so the public will be able to see not only the fbi report but all of the transcripts of the underlying interviews and all those kinds of things. would republicans object to that, to letting the american people see what the fbi put together? >> well, that is up to republicans in congress. what i will say though is that reporting indicated that that fbi report in fact had more evidence that favored kavanaugh than it did the claims of dr. ford. so those coming to light would likewise confirm to voters what we already know which is brett kavanaugh is a man of high character, someone who deserves that spot on the court. what i would say about nancy

pelosi, she has been very very firm in saying that she does not want to move for the impeachment of president donald trump because her internal polling suggests that would be perilous for democrats. she has been kind of waffling and gave a rather tepid answer on whether she would support the impeachment of justice kavanaugh. that kind of talk is going to be ruinness for democrats come november because i can tell you the public doesn't want to see impeachment talk. our polling suggests that time and time again. shannon: it seems to be a split within the democrats when they talk about the i word. thank you very much. >> thank you, both. shannon: as for the democrats they are sounding the alarm about today's vote. >> the republicans have succeeded in confirming a deeply flawed and dangerous nominee, only by breaking all the rules and the norms, the damage done today will be enduring to the united states supreme court and to our country.

shannon: let's bring in our panel for more insight. charlie hurts opinion editor with the washington times. chief counsel for the judicial crisis network. and founding executive director at the georgetown institute of politics. welcome to all of you. charlie, i couldn't help noticing that you were laughing at senator blumenthal there, but what he says resonates with a lot of people. they are taking this very serious. he did use the word dangerous to describe kavanaugh. >> no doubt in my mind that it does resonate with a lot of democrats. the reason i was writing it down i don't want to get it wrong. the word dangerous, that's the kind of language that kicked off this nomination even before kavanaugh got nominated but certainly after he got nominated where people were going -- these are legitimate people, legitimate people, you know, part of the democratic party going around saying that people are going to die, women are going to die if this guy gets on the supreme court? and my goodness, is it any wonder the process ended where it did.

is it any wonder that it got as disgusting as it did when you have people making these outrageous -- baseless claims. of course somebody -- you know, of course it is going to reach to this level if you have that kind of rhetoric. chris: i want to get back to something that was part of the discussion in the news conference by mitch mcconnell, and that's the question of the nuclear option and the end of the filibuster, the super majority, 60 votes. senator mcconnell pointed out that nobody had been ever filibustered in the supreme court and it was only after first democrats against republicans in the bush administration, then republicans against democrats in the obama administration, that -- it started with the democrats in 2013, harry reid the then democratic majority leader invoked the nuclear option which was for lower court judges and said that you could cut off filibuster with a simple majority, 51 votes, not the super majority of 60 votes. then last year, in the gorsuch case, it was extended to 60

votes. but i wonder whether or not because of that, because of the fact that we're now openly saying you can just jam this through on a straight party line vote, whether it makes supreme court nominations, all nominations more partisan. >> look, 60 votes was never the threshold. that was something that was theoretically was out there as an option, but none of the senators viewed it as a real thing that was done to supreme court justices. chris: they did do it to lower court justices. >> only starting in 2003. look at justice thomas, for example, he was confirmed with 52 votes. that's not 60 votes. justice alito was not confirmed with 60 votes. this has been the way the justices were confirmed. getting rid of that filibuster, it returns us to a situation that is closer to the historic norm which is that people would get confirmed unless there was something truly extraordinary. and that's for most of history of course it was a much more of a given, there wasn't the focus

on the courts that there is now. chris: the reason harry reid did this is because republicans were filibustering not supreme court justices but a lot of barack obama's appointees. then as we got into 2017, and trump's president, then mcconnell extends that to supreme court nominees. and i guess what i'm wondering is, does the fact that we now are saying you can't filibuster, if the majority rules, does that tend to push the extremes in this whole process? >> i think it is hard to argue if you've looked at the way the senate has worked in recent years that it isn't becoming more partisan. and it worries me. chris: both sides. >> that partisanship is ruling the day in a way that it probably hasn't before in the united states senate. and we are now at this point with supreme court justices, and that does worry me, and look, i worry about it with each side escalating sort of the changing of the rules in order to make things easier for themselves. i wonder about what comes next.

mitch mcconnell held up the merrick garland nomination. you may think that was fine, if you supported having conservative judges on the court, you may be upset if you were upset that a moderate or a progressive wasn't seated or even given a chance to have a hearing. but he changed that and held up a new standard. and today was asked, if in 2020, there is a vacant seat, after the presidential primaries start, would you move forward? and he said i don't know. right? once again, showing maybe an openness to changing rules that he himself set and standard that he himself set. it worries me if we keep doing this -- chris: your reaction to that? >> i think it is a little unfair to say that republicans are as much to blame for this situation as democrats. i know that we point to merrick garland as an example but

there's never been a single democratic nominee to the supreme court who has ever been filibustered. all of this began in the early 2000s after the 2000 presidential election where george bush's nominee started getting held up. and on a filibuster which was completely unheard of. and i remember when trent lott first floated the idea of using the nuclear option to go around this filibuster, and that's where we got the gang -- the first gang of something. gang of seven. chris: i think it was 14. >> 14, where they got democrats and republicans came together and they said no, the filibuster is too valuable in the senate. we don't want to go there. they came up with this deal. it denied of course miguel estrada a seat on the dc circuit. but it avoided the impasse. i think a lot of it goes back to a desire by democrats to use the courts as a new front on an e

ideological battlefield and that's not the way the courts are supposed to be used. >> republicans have emphasized courts both electorally. it's part of the dna. conservatives and republicans to emphasize getting their people on the courts in a way democrats haven't in the past. i think you are going to start seeing democrats start to try to inject that into the democratic and progressive dna just as much. but you can point to whoever you want who started this ball rolling. both sides have done this. both sides have tried to stop the other party's president from appointing people. and the snowball keeps getting bigger and bigger and it worries me where it is headed. shannon: save a little bit. we're going to talk to you after the break. with a vote of 50 to 48, you watched it here live judge kavanaugh has been confirmed. chris: what happens next? we are watching the supreme court as judge kavanaugh makes his way there to be sworn in. we will be back with the panel after the break. the best simple salad ever?

heart-healthy california walnuts. the best simple veggie dish ever? california walnuts. the best simple dinner ever? great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at walnuts.org. hey guys. today we're here to talk about trucks. i love trucks. what the heck is that?! whoa! what truck brand comes from the family of the most dependable, longest-lasting full-size pickups on the road? i think it's the chevy. ford. is it ford? nope, it's not ford. i think it's ram. is it ram? not ram. that's a chevy! it's chevy! that's right. from the family of the most dependable, longest-lasting full-size pickups on the road. gorgeous. chevy hit it out of the ballpark with these.

you might or joints.hing for your heart... but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember. -we're in a small room. what?! -welcome. -[ gasps ] a bigger room?! -how many of you use car insurance? -oh. -well, what if i showed you this? -[ laughing ] ho-ho-ho! -wow. -it's a computer. -we compare rates to help you get the price and coverage that's right for you. -that's amazing! the only thing that would make this better is if my mom were here. what?! an unexpected ending!

enterprise car sales and you'll take any trade-in?rom here. that's right! great! here you go... well, it does need to be a vehicle. but - i need this out of my house. (vo) with fair, transparent value for every trade-in... enterprise makes it easy.

>> start to finish, president trump's nomination of brett kavanugh to the united states supreme court has been one of the saddest moments in the

history of the senate. when the history of the senate is written, this chapter will be a flashing red warning light of what to avoid. >> he will make the senate and the country proud. he will serve with distinction on our highest court. he unquestionably deserves confirmation and the country deserves such a supreme court justice. chris: well, two very different reactions to the confirmation today of supreme court justice brett kavanugh, after 14 weeks of bitter partisan fighting over who a judge who was yesterday touted by senator susan collins as a centrist. shannon: he was. he could be sworn any time now. he's heading to the supreme court for the oaths that he will take. let's bring back our panel for more insight. charlie hurt with the washington times. chief counsel for the judicial

crisis network, and founding executive director of the georgetown institute of politics. carrie, we have touched on this a little bit about what the founders, the framers may have intended for the court. a lot of people don't know it started out at an even number and the belief was that they didn't think this court would be handling all of these every day disputes in and out, much more had drafted things that the legislature would be getting these things done and because maybe they are not, so many things of import are ending up before the nine. >> part of it is the growth, the federal government, doing a lot of things they didn't anticipate. some things they might have thought it wasn't constitutio l constitutionally given the power to even do in my opinion. you have the things that have been brought into the constitution by the court itself, the expansion of the understanding of what the court is doing. they are keeping a lot more checks on the government than i think people thought they were going to be doing. now the idea of having a perpetual even number would be shocking to us now, but that was

often the case for the courts before. now i think a real solution for some of the partisan bickering that we're looking at here though would be if we could have justices who viewed the role in a more limited way, where they are not trying to bring their views to the laws themselves. they are trying to really strictly keep themselves to the text of the laws, the text, the original understanding of the constitution. we wouldn't have to worry about their own politics. and i think we could step back and that would throw the ball back much more to the legislature. and then, you know, they could be even applying the laws of both sides. that's what i really loved about almost justice kavanugh's opening statement talking about that, this is something that the legislature should be doing, and then we as american people get to vote just like chuck schumer was saying. they can write the laws. chris: we have limited time. i'm going to try to get quick answers. start with you, mo, i think a lot of people would have been surprised by the professor's statement that maybe the area where kavanugh is going to be most engaged is trying to rein

in the administrative state. it is not going to be roe versus wade. it is not going to be obama care, but the idea of unelected regulators and trying to limit what they can do in the absence of the direct mandate from congress. your view? >> i think the whole role of presidential power and where he stands on that broadly is going to be one of the key things that people are going to be watching moving forward, particularly as it pertains to some of the investigative stuff. chris: charlie? quick answer. >> i was joking with a friend of mine that after collins speech i wanted to withdraw my speech for kavanugh, but it was a joke. i think it is a whole lot more nuanced and i think that -- and that was what was so valuable about collins' speech when she picked apart so many of the wrong things that people have been beating him up about. chris: all right. stay right here, panel because we will have a lot more to talk about. we're waiting for judge kavanugh to be sworn in by chief justice

john roberts. we will bring you that when it happens. shannon: also tonight president trump is rallying in kansas as we march to the midterms. 30 days before voters head to the polls. chief white house correspondent john roberts is standing by as well. >> going to be a triumphant rally as the president takes a victory lap after pushing his nominee across the finish line after a bruising fight. we will have all the details, coming up. one-millionth order. millionth order. ♪ there goes our first big order.

♪ 44, 45, 46... how many of these did they order? ooh, that's hot. ♪ you know, we could sell these. nah. ♪ we don't bake. ♪ opportunity. what we deliver by delivering.

honey the local game store wants to sponsor you. i want to sponsor you. ♪ yes. honey travis scott wants you to get these squad wins tonight. let's get these squad wins tonight. ♪ yes sir. honey, ninja is calling you up to the national team. ♪ you ready? honey. you ready? ♪ should happen everydred five hundred years, right? fact is, there have been twenty-six in the last decade.

allstate is adapting. with drones to assess home damage sooner. and if a flying object damages your car, you can snap a photo and get your claim processed in hours, not days. plus, allstate can pay your claim in minutes. now that you know the truth... are you in good hands? chris: president trump wasted no time posting a congratulatory tweet to judge kavanugh and the senate following the outcome of the final confirmation vote, 50 to 48. shannon: as part of the confirmation process, the president signed a commission of appointment. it's a process. chief white house correspondent john roberts is live on the north lawn. hello again. >> good afternoon to you. the president about 15 minutes away from touching down in topeka for that big political rally tonight.

hopefully the president when he descends the stairs from air force one will stop and make remarks to the pool camera that will be sitting there waiting for him because if we don't get something from the president, when he gets off air force one, it won't be until 7:30 tonight that we will be able to hear his in person reaction to what happened in the senate earlier today. but that rally tonight, you can see it there live on your screen, is a huge crowd awaits him in topeka, kansas will be a real victory lap for the president who dug in, never waivered, stood behind his candidate through thick and thin, and finally saw him cross the finish line. on his way out to the helicopter earlier today, i asked the president what he thought of the process. a lot of his republican colleagues had called it a disgrace. the president seemed to indicate that the extra time might have been a bit of a blessing in disguise. listen here. >> the extra week was something that i think was really good, a lot of very positive things happened in the last week. it didn't look that way, but in the end, that's what happened.

it was uncorroborated. it was so many different things. he's going in looking very good. >> now there was a real white knuckle moment yesterday when susan collins took to the floor of the senate. the white house had been informed by west virginia senator joe manchin earlier in the day that he was a yes. they assumed that collins was a yes based on her vote during the cloture motion, but they didn't know for sure. i asked the president about that as well on the way to marine one. listen here. >> i thought that susan was incredible yesterday. you could see how hard she worked, how hard she was working. she didn't stop, and i know for a fact because i spoke with her. she didn't stop. and she gave an impassioned beautiful speech yesterday, and that was from the heart. that was from the heart. i have great respect for susan collins, and i always have. >> great respect for susan collins and i always have. lisa murkowski from alaska is

another story, though, before the president left the white house today, he did a quick phone interview with the washington post, in which he said he believes senator murkowski will never recover from her no vote on kavanugh. even though she withdrew it there during the senate vote and that alaskans will never forgive her. again shannon and chris, we are hoping to hear from the president when he descends the steps of air force one in topeka. otherwise he's going to miss all the prime-time news shows. okay? chris: he will also miss the sunday morning papers, john. >> he will. chris: if you are listening, mr. president, talk to us when you get off the airplane. shannon: thank you, john. it's interesting to note, he talked about senator murkowski. the president has addressed her directly. i shared with you that i got a note from a friend who was in the gallery when she was in there. and they said there were actually republican members who went over to her and hugged her after the vote, knowing that it was a tough one for her and saying -- offering some kind of friendship. chris: even vice president pence after he presided, went over and

talked to susan collins and murkowski. they were together and took murkowski aside. remembering that today's enemy could be the key vote for tomorrow. shannon: absolutely could. judge kavanugh will be the second supreme court justice president trump has put on the bench in his first two years in office. chris: let's turn to steve hilton, host of the next revolution. good evening. your thoughts about today's developments? >> it's a huge huge moment. it's a great moment. i think exactly as john was saying, the president can feel entitled to his victory lap, but i think there's something i would want to give particular perspective as someone who is new to america. we moved here just over six years ago. and there was something truly moving for me watching senator collins' speech because it wasn't just the incredible importance of that speech in relation to this vote at this time on this nominee. there was something about that

speech that really represented for me the best of america and the constitutional -- chris: let me interrupt for a second. i want to hear you in a moment. but we're seeing protesters going up the steps of the capitol building -- rather the supreme court. now, earlier, they were pushed off those steps, kept away. i don't mean physically pushed, but they were shepherded down off the steps. pretty unusual to see that. shannon: i can tell you for covering it for the past decade there, they normally don't allow this kind of thing on the stairs. they will allow people to go up there, but don't let cameras up there and really rowdy demonstrations. they will keep you to the sidewalk and keep your tv cameras down there and protesters down there. but we have seen moments where they have allowed a little bit more leeway for allowing people to move forward. the supreme court police force is its own police force. and sometimes the u.s. capitol police was in that region with them as well. the sidewalks are across the street from each other.

sometimes they allow a little breathing room. i would say that the police force there is very -- they are top-notch. more plenty of them. so i would imagine that even though this may on tv look like quite a disruption at this point, there are numerous, numerous officers there, and they do an excellent job for the court. chris: all right. let's bring back in steve hilton. we're seeing a little 1st amendment democracy in action there. steve, continue with your thoughts about senator collins' speech. >> yeah. i just thought the speech really captured the very best of america. the way she -- it was so substantive and thoughtful and really captured so many deep and profound things about the constitution, about the separation of powers, about the role of the senate. i thought it was magnificent. but turning to those protests we're seeing right now, i think it tells us something else really important, which is the fury that is going to be unleashed on the other side. i think one of the things to watch out for is not just these protests in the next couple of days, but the momentum behind really significant changes that the democrats will want to make.

for example, the argument about packing the courts. i think that's going to become a really big significant feature of the 2020 presidential election, the idea that if a democrat is elected president in 2020, they should appoint two justices, in order to counteract what president trump has done by switching the ideological make up of the court. i think all those arguments are going to become very mainstream, and it is going to be tough for any serious democratic contender to resist that pressure to do something about this appointment, which they are so furious about. chris: let's talk briefly about the more immediate political impact. one the one hand, you have republicans -- on the one hand, you have the republicans, i'm talking about the midterms, 31 days away, they have been energized by the fight by the republicans to put justice kavanugh on the court. on the other hand, you can see from these protesters, there are very strong feelings particularly in the me too movement that christine blasey

ford wasn't -- wasn't heard or wasn't believed. so just as a political matter, do people tend to vote more when they lose and in anger or do they tend to vote more when they win to protect what they have? >> generally i think it is the anger. it is voting against things that drives the passion. i think the point here though is that the democrats already were very fired up. they already were very angry just with donald trump, never mind with this news today. what changed is the way that the republicans have got fired up. the key test for them is to keep that going. that's why you are seeing these arguments deployed for example by donald trump jr. about impeachment, saying you have got to go out and vote this november, otherwise the democrats will try and impeach judge kavanugh. that's going to be a really i think going to be part of the mix in the next few weeks because they've got to keep that energy that you saw develop in the last week or so, from both judge kavanugh's testimony, thursday a week ago and lindsay

graham's intervention which i think was really crucial in firing up the republicans. shannon: steve hilton, thank you very much for checking in with us. good to hear from you. as you watch there live at the supreme court, our live coverage continues right after the break. soon to be justice kavanugh expected there to be confirmed. take the two oaths and be put to work by the end of the day. ( ♪ ) everybody wants a new, different, better world. here's to the people who do what it takes to build it... to keep it running. the people who understand no matter what the question, the obstacle or the challenge, there's only one answer... let's do the work. (engine starts, hums)

that everything sticks to stefon diggs's hands?ieve it. no, i can't believe how easy it was to save hundreds of dollars on my car insurance with geico. cool, huh? yeah. he plays football, huh? yeah. believe it. geico could save you fifteen percent or more on car insurance.

chris: newly confirmed supreme court justice brett kavanugh headed to the supreme court at this hour as protesters are massing on the front steps of the court. let's go straight to leland vittert who is right in the middle of all the action. leland? >> hey, chris, just when we sort of thought the protesters were dwindling, those who were left here rushed up the steps of the supreme court, and you can see that line of people who have their backs to you. that's where the steps end.

they had one or two protesters run up. one person started doing yoga of all things on the steps of the supreme court, then you had about 200 protesters rush up. now it is kind of in the hands of the police in terms of how far they want to press this. all day we have seen this back and forth between protesters -- all week really in terms of who wants to get arrested who doesn't want to get arrested. you can see some of the signs and what's going on up there. there's all sorts of chants, whose court our court. whose streets our streets. black lives matter, etc., etc. now it is up to the police, are they going to tell people either you leave or you get arrested or not. so far at least from what we can see is they don't have the numbers of police officers out here to clear the steps even if they wanted to. when the capitol police were prepared before the vote to confirm now justice kavanugh, they had dozens if not hundreds of capitol police officers out here, massive reinforcements and

clearly had a plan. they basically said to the protesters look you can either go to the left and get arrested, you can go to the right and leave. it doesn't seem like they have those numbers of police officers here to make that call with these protesters. and i can't really see any reinforcements arriving chris. now comes the question are they willing to sort of allow these folks to continue to chant who know that brett kavanugh is inside getting ready to be sworn in or do they decide that they are going to actually bring out reinforcements and clear the steps to the way that they typically keep order here at the court, yet to be determined, chris. chris: leland, just to make the point, while it is a very loud protest and unusual protest, all the way up the steps of the front of the supreme court, there's no violence. there's no action other -- any law breaking other than the fact they are where they shouldn't be. >> no, not only there isn't any violence, it is a fairly tame crowd. covered a lot of protests in washington. i have been out in a lot of

different protests in different areas, this is about a tame and friendly of a protest you get. it is worth noting that the numbers here have dropped easily by a quarter if not more. starting about 11:00 a.m. the numbers have continued to go down. this is the last of the really die-hard crowd. as we have talked about throughout the day, a lot of the folks that are standing out here that we've talked to, maybe not those on the steps are spectators. one group told me they were from florida and one told me indiana. they said they just came to see what it was like. some were for and against. but not part of the core group here. the amount of attention focused on those folks compared their numbers could certainly be a little disproportionate. chris? chris: leland vittert in the action, thank you. kavanugh has been confirmed by the senate 50 to 48, but what does justice kavanugh mean for

the make up of the supreme court? shannon: we will talk to kimberly strassel on that, straight ahead. ♪ the new capital one savor card. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet? moderate-to-severe eczema, or atopic dermatitis, you never know how your skin will look. and it can feel like no matter what you do, you're itching all the time. but even though you see and feel your eczema on the surface of your skin, an overly sensitive immune system deep within your skin might actually be causing your eczema. so help heal your skin from within. with dupixent.

dupixent is not a steroid, and it continuously treats your eczema even when you can't see it. at 16 weeks, more than 1 in 3 patients saw clear or almost clear skin, and patients saw significant reduction in itch. do not use if you are allergic to dupixent. serious allergic reactions can occur. tell your doctor if you have new or worsening eye problems, including eye pain or changes in vision. if you have asthma, and are taking asthma medicines do not change or stop your asthma medicine without talking to your doctor. help heal your skin from within. ask your eczema specialist about dupixent.

help heal your skin from within. minutes can mean the difference between life and death. proposition 11 saves lives by ensuring medical care is not delayed in an emergency. proposition 11 establishes into law the longstanding industry practice of paying emts and paramedics to remain on-call during breaks and requires they receive fema level training and active shooters and natural disasters. vote yes on 11 to ensure 911 emergency care is there when you or your love one need it.

shannon: long controversial process that senate voted to confirm brett kavanugh as the

supreme court justice of the united states. chris: kimberley strassel from the "wall street journal" and fox news contributor joining us now. i always find your answers more interesting than my questions. so what do you want to say? >> i mean, this is obviously a historic day mostly because of the direction it's going to take the court. you know, we've had for a long time now why did the left fight this with so much bitterness and the tactics it did is because it's come to rely on the courts for judicial activism to impose a lot of its agenda, also regulation. now, we're going to have a fifth vote on the court that is going to argue more for 5-4 decisions that are going to be about judicial restraint, but also pushing back against that bureaucratic state. that changes the entire operating procedure that the left has depended on for a long time in terms of their governance. that's why you saw the fight roll the way it did. shannon: yeah, this whole idea of this chevron defense, this case that says from ages ago

that you should give deference to agencies, federal agencies when they make decisions, it looks like it's something that possibly with a justice kavanugh on the court is something that really might change, so it's really going to clip the wings of some of those federal agencies, should they get the right case and he goes where we think he might on that. >> that's going to be the day-to-day decisions that you see coming out of the supreme court with judge kavanugh on it. there was so much debate about roe v. wade, all of these big singular decisions and questions, it's going to be much more of those things, shannon, like you say that matter. they are going to have huge significance. many of us have felt that bureaucratic state has really become this engine of regulation and it decides so many decisions we have. so that restraint is going to be a big change, but it is not going to be on some of those huge decisions that everyone is focused on so much. shannon: he talked too about the issue that you shouldn't look for vagueness where it doesn't

exist. there's a lot said obviously about following the law versus interpreting or looking to too many extraneous sources in coming up with this. he's taught law obviously for years, actually hired by then dean of harvard law now justice kagan. she has great respect for his work as well as a scholar and intellect. he's talked about the fact that you don't go looking for lack of clarity when it isn't there. how do you think that potentially could shift this court as well? >> well, you know, i thought it was very clarifying listening to senator collins in that amazing speech that she gave because she walked through these questions and pointed out what a careful jurist brett kavanugh actually is. this is not a guy who is a radical as people were seeking to portray him throughout this entire event. on all these questions, again, on severability, do you strike down a whole law or just a portion of it, things like that, he's always been a very cautious judge and people have talked too before about how you look back

at his opinions, those that he authored and those that he joined, 90 some percent of the time he was in the same camp as merrick garland, the former justice -- i mean the justice that barack obama wanted on the court. so again, this is going to be more about incrementalism, every case that the supreme court does matters obviously because so few of them go, but those are going to be the ones that matter. shannon: kimberley strassel, thank you very much for joining us. we have much more right after this break. 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! ♪ one look at you and i can't disguise ♪ ♪ i've got hungry eyes applebee's new 3-course meal starting at $11.99. now that's eatin' good in the neighborhood.

when the guy in frontd down the highway slams on his brakes out of nowhere. you do, too, but not in time. hey, no big deal. you've got a good record and liberty mutual won't hold a grudge by raising your rates over one mistake. you hear that, karen? liberty mutual doesn't hold grudges... how mature of them. for drivers with accident forgiveness liberty mutual won't raise their rates because of their first accident. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty ♪

chris: fox news alert. the u.s. senate has confirmed judge brett kavanugh as the 114th justice of the supreme court, amid continuing protests on the steps of the supreme court. welcome to our special coverage of the kavanugh confirmation vote. i'm chris wallace. shannon: i'm shannon bream here in washington. as the president heads to topeka for a rally, he's tweeting about what we're seeing the protests that we have been showing you. he says this quote the crowd in front of the u.s. supreme court is tiny, looks like about 200 people and most are onlookers. that wouldn't even fill the first couple of rows of our kansas rally or any of our rallies for that matter. the fake news media tries to make it look so big and it is not. let's separate fact