end. flags are at half staff all across the country and honor of the legacy she left behind. thanks for watching special extended coverage. we will keep you covered in the days and weeks to come. that is it from washington, good night. >> good morning, supreme court justice ruth bader ginsburg died overnight after 27 years on the court and leaves a legacy that will be felt on american politics for decades to come. the 87-year-old justice passed away from complications from metastatic pancreatic cancer. ginsburg was sworn in as associate justice in 1993, the second woman to serve on the high court. ginsburg became a feminist and

cultural icon affectionately dubbed the notorious rpg by a generation of younger fans, nominated by bill clinton, you will hear his tribute in just a minute. earlier tonight donald trump and his challenger joe biden pay tribute. >> she led an amazing life. what else can you say? she was an amazing woman whether you agree or not, she was an amazing woman and an amazing life. >> in the coming days, focus on the loss of justice and the enduring legacy. there is no doubt, let me be clear, that the voters should pick the president and the president should pick the justice for the senate to consider.

leland: biden will speak to the political debate in the next few weeks in washington. whether a justice should be nominated or perhaps confirmed, according to npr she dictated a final statement of her granddaughter saying, quote, the most fervent wish is i will not be replaced until a new president is installed, they came by the hundreds to the supreme court to pay tribute, light candles and chance are bg. hillary clinton paid tribute to our bg's achievements to justice ginsburg paved the way, there will never be another like her, thank you, idg. mark meredith from outside the court. >> reporter: tributes pouring in with honoring her lifelong

commitment to equal rights and advocacy for all of law, ginsburg graduated from columbia law school in 1959, was instrumental in launching the women's rights project to the american civil liberties union and when she made so much history before reaching the supreme court the bulk of the focus on her legacy, her time on the bench. from the chief justice, john roberts who put out a statement, we have a cherished colleague. ruth bader ginsburg, tireless and resolute champion of justice. overnight we saw hundreds of people show up to pay their respects outside the court. there is a growing -- a few people coming early this morning, funeral arrangements in

the coming days and we heard from donald trump as he left the campaign rally in minnesota. the white house putting out a statement writing renowned for brilliant minds, one can disagree without being disagreeable. there are different points of view, there's a growing conversation what comes next, a vacancy on the supreme court, the president living so close, we are hearing from those who will likely be in charge including senate majority leader mitch mcconnell who put out a statement praising ginsburg's legacy, we will keep the promise. on the floor of the united states senate. the question will remain will the rest of the senate go along. following the pandemic, the supreme court will be an issue

that dominates voters outside the ongoing emergency. among those pushing for the senate texas senator ted cruz. >> reporter: not only does the nomination happen next week, but before the election day. democrats and joe biden made clear they intend to challenge this election and fight the legitimacy of the election. >> reporter: chuck schumer put out a statement the american people, should have a say in the election of the next supreme court justice of the vacancy should not be held. until we have a new president. it is unclear how fast the senate will be able to act on its vacancy after the election, before inauguration, until after the inauguration itself. so many protests start to form in dc in the middle of the

night. and the focus on justice ginsburg's legacy, and the commitment to fight for the rights of so many others. leland: within a couple hours of her passing the political debate began. mark meredith at the supreme court, keep an eye on your camera and see if those folks show up here this saturday morning. mark meredith, thank you. mike allen of ask he is.com and a few people in washington normally up at this hour. i appreciate you being here, more plugged in and one more, this struck me in bill clinton, the former president who nominated justice ginsburg, 27 years on the court exceeded even

my highest expectations, hard-pressed to find everybody, and ruth bader ginsburg. >> transcending her party, her generation, the supreme court justice and icon for young women again and again. you saw the notorious are bg making appearances. on the supreme court, incredible turn out. young people were motivated by her and we appreciate what is also rare, to be sentenced by it and appreciate supreme court

pick produced. that is another reason ruth bader ginsburg is an american science. >> they are traveling with him, her death, an amazing woman and the line in his statements about her where donald trump says she could disagree without being disagreeable. >> for donald trump, major the white house flags were at half staff right away the time, he knows the power she had beyond the culture, beyond the typical democratic base. not one who gestures across the aisle but recognizes this is one that is bigger.

leland: the statement is demonstrating understanding of this. has donald trump wakes up and challenger joe biden wakes up, what we received, that there will be a nomination and your reporting merits that out as well. you know what they said. what are both men thinking or strategizing this morning? >> take you inside both camps. every indication is the republicans are going to move fast on this. what does that mean? you can expect donald trump to put forward the nominee, float a name very quickly, to allow, get

the machinery, normally take one so they move that machinery fast. as you well know senate majority leader mitch mcconnell's book, his memoir, mitch mcconnell playing the long game whether they push for a vote, in inauguration day depending on the votes and what they have. either way, 2020 has plenty ways of surprising us but every sign is this is a chance to solidify the trump court, to get that third pick in less than four years, astonishing mark for history.

leland: your colleague jonathan swan who is as well plugged in at the white house as any reporter convenes tweeted this last may, i reported back in may of 2019, i think he meant march, during his deliberation over the kennedy vacancy donald trump told confidants he was, quote, saving her meaning amy tony barrett for ginsburg. she remains the overwhelming favorite in trump's inner circle. we are already way under the number of days to the election from what is the average for hearing much less a confirmation. how much that it has the trump campaign does in the last couple weeks to pull their selected nominee off-the-shelf? >> it is ready to go. you know from your own conversation behind the scenes there is nothing more top of mind. go inside jonathan swan's report, we are told donald trump

used those exact words for several associates. this came up with anthony kennedy, a favorite of the conservative right, younger midwest, very promising pick among conservative movement leaders you talk about and again, used that phrase, what is the name for that? the power of replacing ruth bader ginsburg with a woman, a small sign how excited conservatives are about it and democrats too expect that is their odds-on favorite, the notorious are bg - the nickname she embraced, enjoyed on twitter.

it is a sign of what is inside the minds, there is -- on his mind all the time. that is what they are pointing for and ready to move forward. leland: there will be a few more nuggets. we are sharing your insights. all our we will continue to talk about the politics of this as we just did but also remember justice ginsburg as a justice and a human being, a good friend of justice scalia, two people who could not be farther apart ideologically, but couldn't have been closer in terms of friends. as we go to break we will read this tweet from david french. i hope and pray the passing of

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leland: ruth bader ginsburg served on the supreme court for 30 years weighing in on the most important issues of our time, she was appointed by president bill clinton in 1993, the second woman to serve on the high court. president clinton mourned her

definitely, we have lost one of the most extraordinary justices ever to serve on the supreme court. ruth bader ginsburg's life and landmark opinions moved us closer to a more perfect union at her powerful dissent remind us we walk away from our constitution's promise at our peril. mourners gathered outside the supreme court overnight to remember justice ginsburg, attributed to the impact on the court and american culture. joining us mark smith, president of first liberty and constitutional attorney, nice to see both of you. appreciate it. pick up where i left off with mike allen of ask he is, clinton wrote the president said 27 years on the court exceeded even my highest expectations when i appointed her. pretty high bar. >> i think ruth bader ginsburg is a great american hero in the sense of her impact on american law and american life. even if you disagreed with her

judicial decisions we cannot deny that she was a titan figure. what is interesting is justice ginsburg, i would not say, was known for judicial philosophy but what she was known for was reliable a vote for the progressive cause. you could usually predict how she was going to come out in a high profile controversial case, she stood by her principles. even if you disagreed with those principles the fact is she was a legal giant and intellectual giant as well as will be long remembered and studied by lawyers, judges and law students far into the future. >> not taking anything from sandra day o'connor who was the first female supreme court justice or the other two women who served on the high court now, what made ruth bader ginsburg so unusual to

transcend, to cultural icons. >> a woman of incredible strength and incredible commitment. she reminds you a little bit, you had thurgood marshall who won all these cases as a young black lawyer on the right of people who are black and some real creative legal strategies. she did the same for women. bringing in the rights of women, a lot of people don't know this, the lawsuits she brought were on behalf of men and the rights of men, the idea of equal rights and blazed the trail so she made her name before - even now look

to her and respect, what she did before the court. >> an important point. the clerk at the court didn't get -- won a case and elevated, in that sense, devastated by the loss of are bg, i would love to see women working hard for the point you made, made it look easy but all of us, it is not easy to be friends especially in times like this in earlier years. that was something she exemplified. this interaction with her and justice scalia, two people who could not be more different ideologically but cared about

each other. >> i disagreed with a good part of what he said but what he said in a captivating way. >> we agree a lot of stuff. leland: hard to imagine people more different in washington on days like today having those conversations. mitch mcconnell will not be seen talking like that. >> justice scalia and justice ginsburg came from a different generation, different era of american politics and i agree, it today's world things are more partisan, much more political,

you cannot escape politics. you put on a football game and politics is in the air. a world that justice ginsburg and justice scalia grew up in, that relationship between the two, to get a lot of coverage in the next several weeks. it is harder to come by today. leland: last word to you, justice ginsburg did not have a judicial philosophy as much of an idea where she believed america should go from a progressive standpoint. anybody on the court who can carry forward that strand in a way ginsburg did or now.

>> she had a unique history before she got on the court that made her a hero. she is a hard one to replace. the president can move to have a new justice on the court, uniquely ran for president on this issue. he got millions of votes because of this. can't say you will find another ruth bader ginsburg, the history, women's rights and income on the court, would be on the court for 27 years. leland: you have real insights in the court, who possibly could be nominated in the coming weeks. appreciate you waking up so

early with us to reflect on ruth bader ginsburg, important to do that at a time like this reverend talk about the politics, good to see you both as we continue to remember justice ginsburg, we will talk about the politics and donald trump's possible appointment and we leave you with this thought heading to break, this is a letter that justice ginsburg's husband wrote before his death, my dearest ruth, you're the only person i ever loved in my life, setting aside parents and kids and their kids, admired and love you, 56 years ago, what a treat it has been to watch you progress to the top of the legal world. we will be right back. alike and customize your car insurance so you only pay for what you need. what do you think?

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leland: for those just joining us this special coverage from washington on the death of ruth bader ginsburg, she died at the age of 87. in 1993 she became the court's second female justice and in her 27 years on the court became a cultural icon, for younger generation of progressive women. jackie ibanez in new york following, plans for the funeral. >> ruth bader ginsburg sat on the highest court of the land becoming unquestioned leader of the liberal wing and something of a rock star to her admirers as hundreds of people gathered to honor her life and legacy,

memorial candle lighting the front steps as people left flowers, american flags, a pink heart with the letters are bg written on it. justice ginsburg struck a chord with those young women, called her notorious are bg. at one point mourners broke out in song, this land is your land. a special moment from the crowd went into a minute long applies. ginsburg was the mother of two and grandmother of four and fashion icon, and nancy colors she was known for, a stickler for fools and didn't ci to eye with donald trump and made that known. public buildings and military, flags at half staff has the late justices laid to rest at all us

embassies, trump learned of justice ginsburg after that following a campaign rally. >> whether you agree or not, she was an amazing woman and amazing site. jillian: tributes pouring in, president obama calling ruth bader ginsburg a relentless litigator and decisive jurist to inspired generations. burning the midnight oil, the most powerful leader in the land. nancy pelosi issued the statement saying the loss of ruth bader ginsburg is devastating. brilliance and goodness, and incalculable loss for our democracy, to build a better future for the children. the high court will hold a memorial for justice ginsburg, it is unclear whether her body

will i in the building as a remains close to march. follow the supreme court, a private burial service will be held at arlington national cemetery. very loved lady. leland: incredible in so many ways. noteworthy also to think about the other supreme court justices who lost a good friend, very tightknit, 9 justices, they all will tell you how much respect they have for each other. within hours of the justice's death, the debate began over filling her vacant seat, primarily whether to fill it before the election. joining us now, kaylee mcgee for the washington examiner who just wrote about the american garland will saying during the

presidential election we shouldn't have a supreme court nomination fight. that is what mitch mcconnell said in 2016. things might look different today as mitch mcconnell said overnight the president's nominee will get a vote. there is a lot of linguistic gymnastics going on to explain how things are different in 2020 than 2016 because there is a republican in the white house. >> important to remember when mcconnell created this merrick garland will which he cited from comments joe biden made during the clarence thomas confirmation hearing he made it clear the only reason he was denying merrick garland the opportunity to have a confirmation hearing was the federal government was divided. you had a democratic president and the republican-controlled senate therefore the american will was not clear because the government was divided.

in 2020 that is no longer the case, you have a republican president and a republican senate and no reason to believe the voters who helped the senate expand their republican majority don't want the senate to fill ruth bader ginsburg's vacancy. leland: there is the practical question whether you can do this in 45 days during a presidential election, the most contested presidential election we have had but i am drawn to the question of how this plays, you can find an exception to an exception to a rule that any point. lindsey graham back in 2018, this will be played many times now, talked about merrick garland and that decision and set up an opening comes in the last year of donald trump's term, and the primary process has started we will wait to the next election. how problematic for these old pieces of tape going to be? >> it will be problematic have

graham and several other senators who commented, susan collins, lisa murkowski, mitt romney and a few others openly say they will not vote to confirm a nominee even if trump nominates someone. it is looking unlikely the senate will even be able to have a confirmation hearing no matter what mcconnell tries to do at this point. leland: important to think electoral he it might work better to have the vacant seat and tried to fill it. that is the argument tim alberta wrote about the 2016 election. one of the real reasons donald trump won if not the most important reason was there was an open supreme court seat throwing conservative voters to might not have come out to vote for donald trump if donald trump had put out a list of potential

nominees, then candidate trump on the supreme court seat. have you heard any discussion about that? >> either way this is not great news for donald trump. what this is done is provided democratic voters who might not have been willing to vote for joe biden the energy biden needed to close the enthusiasm gap. this is a huge deal and it will be a driving motivator for voters to turn out to the polls or submit their mail in ballots. that is not great for donald trump but as he moves forward and tries to push someone through the confirmation process it will be extremely polarizing. we are very divided as a nation, a contentious election, there will likely be many contests. it is not great for the trump administration. there is no easy answer so it will be interesting to see what he does moving forward.

leland: it is 2020, there hasn't been an easy answer since january. appreciate your time, waking up early before the commentary on this in the coming days and weeks. nice to see you and good morning good. justice stephen breyer, another clinton appointee, wrote his late colleague ruth bader ginsburg, i wrote of ruth's death, a woman of valor, my good friends, the world is a better place for her having lived in it. we will be right back. nah. ♪ here? nope. ♪ here. ♪ when the middle of nowhere... is somewhere.

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when our clients do better. at fisher investments we're clearly different. it would be for me to discover all of these things that i found through ancestry. i discovered my great aunt ruth signed up as a nursing cadet for world war ii. you see this scanned-in, handwritten document. the most striking detail is her age. she was only 17. knowing that she saw this thing happening and was brave enough to get involved and do something- that was eye opening. find an honor your ancestors who served in world war ii. their stories live on at ancestry. ( ♪ ) ready to juvéderm it? correct age-related volume loss in cheeks with juvéderm voluma xc, add fullness to lips with juvéderm ultra xc and smooth moderate to severe lines around the nose and mouth with juvéderm xc. tell your doctor if you have a history of scarring

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ask with shirts, the notorious are bg, she feels in a weird way like a grandma to me. leland: hundred of mourners came out pay their respects to ruth bader ginsburg, you can hear sometimes breaking out in songs, chanting are bg and sharing memories, just is very's powerful dissent made her a relatable icon to young and old alike. expressing how her service and dedication inspired them. >> she was an inspiration to so many and -- >> ruth bader ginsburg served

our country spectacularly and just in shock that she is gone. leland: we spent much of the hour remembering her legacy and fears legal mind and her friends across the aisle, and tune in scalia the late justice as well. now on to the politics of this, passing of justice ginsburg, another layer of controversy at the presidential election, donald trump and senate majority leader are giving every indication they plan on filling ginsburg's seen on the bench even though we are less than 50 days until the election. a political editor of the washington examiner, appreciate, you don't need me to do the nose count that 53 republicans in the

senate can only lose two. the question is with lisa murkowski saying she doesn't want to vote on somebody before the election, susan collins, chuck grassley talking about their resignation, lindsey graham in 2018 saying if there is a vacancy during the election season we are not going to fill it, what happened in 2016 with merrick garland. how is this going to work? >> is going to be very difficult and the need to count on some people not doing what they said in 2018 but it will be particularly challenging because you have a number of senate republicans facing competitive races. if you are susan collins, cory gardner, you may not want to take the position we are not going to rush through a donald trump nominee before the election.

interestingly you have lindsey graham, chairman of the senate judiciary committee who made comments about not rushing somebody through something like this but also a competitive race for reelection and what is the calculus, south carolina is a different state than maine, and going back on his word from 2018, very challenging and they don't have a lot of margin for error and can't count on many if any democratic defections this politically charged environment. normally there would be no -- joe manchin or others they could count on. a lot of those democrats are gone. leland: don't know whether to thank you for getting up earlier staying up late, people are more plugged in to washington and especially republican politics than you are.

the political debate beginning within minutes of justice ginsburg's passing, and sort of instant knee-jerk political reaction that would be a nomination and a vote. what we know about funeral arrangements. >> mitch mcconnell is the most important person to take that position, donald trump's remarks told by reporters after speaking in minnesota didn't mention anything about it and the official white house statement, did not get a strong indication, some republicans are concerned

about optics, they know very much what they would like to place another conservative on the supreme court. there was some dissatisfaction with john roberts with grassroots conservative circles, roberts is the linchpin of the 5-numfour conservative majority on the supreme court, this gives republicans a chance to reliably a liberal held seat, the decorum on one hand, justice ginsburg was well respected across party lines but also party politics and on issues like abortion, one supreme court justice - leland: it is hard, rob politics even for a couple hours.

american giant noteworthy that at the same time are bg was trending on twitter mike allen earlier in the broadcast pointed out acb, someone conservatives would like to replace are bg was trending, appreciate it. justice ginsburg and her legacy, look at the opinion she shaped when we come back. who is usaa made for? it's made for him a veteran who honorably served and it's made for her she's serving now we also made usaa for military spouses and their kids become a member. get an insurance quote today. i wasn't sure... was another around the corner? or could things go a different way?

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leland: appreciate you being with us this hour as we remember the life and legacy of ruth bader ginsburg, associate justice of the supreme court who died at the age of 87 overnight, joined by prosecution attorney mark smith and president of first liberty institute constitutional attorney kelly shackleford. without the notorious are bg hard to imagine the supreme court will ever look the same. >> the us supreme court will not look the same but the reality is we had a constitutional moment coming up with this election and i think probably the president and senate will have to nominate and confirm or vote to deny, you can't go into this contentious presidential election in 45 days

without a full complement of members on the supreme court and have one branch of government by fully functioning. leland: that was the argument ted cruz made within hours, on the other hand it is 2020, a lot of things we didn't think possible that have happened. >> absolutely. this is unusual, not that it has never been done. we had president eisenhower, we replaced someone who steps down in september. it has been done before. the president made pledges on this many many people voted for him for this reason, the supreme court. he will pick somebody, they will not be another rgb. leland: there will not. in terms of that, tim out bird i made some interesting points why people voted for the president on the issue. we appreciate you being with us,

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