hundreds of me. here's a nice one. a great one and nobody bills last better than me believe and i'll build them very inexpensive like a great great wall. just in case you're worried about who's going to pay for it mexico will pay for. what happens to nuns who knows we'll see on the field with the success of. the impact of the upcoming fight for the supreme court on the 2020 alexion on this edition of politics. welcome to politicking on larry king why a confirmation of

a 3rd trump nominated supreme court justice looks virtually certain the impact on the 2020 election is a highly politicized question mark and we'll get one on one perspective from 2 men who come from very different partisan camps but who share experience working in the senate will begin with david brown democratic strategist former majority counsel to democratic senator patty murray on 2 congressional committees and he is in washington ok it is get right to it david mcconnell said he'll have a vote on the nominee well we haven't before election day. i think he's going to do everything he can to push it through before election day because i think the stakes larry are incredibly high and fraught for the republicans if they went after the election when you know if that only speak believe doll trouble be a losing president and senate republicans will have lost their majority in the

senate but the reality is this is a this is a dangerous political calculus for the majority leader because what he's really doing fundamentally is pushing through political force a nominee whoever that person is who is deeply unpopular with the american people 60 percent of americans including nearly half of republicans hope want the next president not this president but the next president to be the one who gets to decide who will replace ruth bader dense or on the supreme court and so it's a deeply unpopular thing that because doing it fundamentally the stakes yourself because any vote cast for donald trump's nominee is a vote to overturn the affordable care act and it's a vote women protections for preexisting conditions at a time when we're in a endemic and we've got over 200000 americans who have lost their lives in the states just couldn't be higher. the thought in some circles that ok biden wins election the democrats take control of the sand and they increase the

supreme court to 12. i mean i've seen i've seen those arguments i've seen a number of policy proposals about about what we might do to reform the coordinate get more equitable and ensure that it is truly representative of of the american electorate in terms not of its decisions necessarily or rather of of the composition of who serves on the court but you know i think that's counted that's table stakes down the road right now what matters are the policy issues that are at stake and we talked about the affordable care act but that's that's one of many issues on the docket larry you've got to consider your rights and gay and lesbian americans bisexual transgender americans who are fearful that a far right court will roll back protections you have consumer rights your voting rights you've got labor rights you've got the 2nd amendment republicans have already signaled that concern is

a signal that they want to bring cases challenging the way in which the 2nd amendment is interpreted to a newly conservative court next term so all of these issues that just really is the heart of the fabric of american life are at stake and you know so from a from a policy perspective that's what really matters right now but if i were john roberts arden's you justice to the supreme court right now i do you looking at what mitch mcconnell's doing weaponized this is nominee in the seat and i have your concern about what that means in terms of how the american people will regard the legitimacy in the integrity of the court and its decisions in the next term so you know i think questions of reform are fair questions to be asking what can robbers do. now much probably in this current in his current role and he's got that i think he probably was just as far away from from this political dog i see possible or we'll see term or if if biden's elected and the democrats take the senate.

would be a calamity in america to demand that they vote now yes it would be a calamity in that the american people will have spoken in november they will decide whether they want joe biden to be president or what they want they want to be allowed to get down from another 4 years if the american people say 'd we want joe biden as our president and we want democrats to happen in short in the senate and mitch mcconnell despite all that despite the outcome of the election still cautious through a republican nominee to the court that would be that would be the liberal definition of the tyranny of the minority pushing through a decision despite what the majority of americans what i can't think of anything more undemocratic and that and i think that if mitch mcconnell does that it will not only tara to the heart of the fabric you know it's genesee of the supreme court but it will do extraordinary damage to the institution the senate i think mitch mcconnell not the one most cynical majority leaders ever in the history of the

institution he's already done extraordinary damage in the way that he's run the senate but he does this if you push this through after joe biden is elected in after senate democrats take over the senate i think that is she's doing extraordinary injury to this and ok what do you know if anything about judge amy kone bericht. so it's interesting because she's obviously at the top of the list and she was also a front runner with him now just as cavanagh was nominated by donald trump she is a beloved on the right she is an even chuckles pick in that she passes almost all of their list s. she's if you look at the course of her academic writings and as well as jurisprudence she's just signaled very clearly that she thinks roe v wade was an erroneous decision it was wrongly decided and i think it's fair to say that she would be a vote in favor of overturning roe she was highly critical of chief judge chief

justice roberts in the decision that upheld the affordable care act so i think it's also a fair conclusion to say that she would be a vote in favor of repealing the affordable care act repealing protections for people resisting conditions but she's also written over the course of her of her tenure in her academic life as was the judge she's also written about how she considers presidents that apart from originalism to be suspect and perhaps even presidents that that needn't be followed that really strikes at the heart of stories isis we're meeting respect for president which is something that senators often ask about because it is important whether or not a judge is going to follow what judges before and then have written and concluded if she's saying that anything's fair game that she doesn't agree with that's extraordinarily dangerous i think for anyone on the supreme court but it'll be interesting to see have to hear from picks her because she will be a highly contentious nominee she was confirmed to her current circuit court seat on

a party line vote well that's not true there are there are 4 democrats i think 3 or 4 democrats who voted for her but both simpkin and joe manchin have said they won't vote for her again this time because they disapprove of how mcconnell is running through the nomination up it will be a highly contentious vote and sure to divide rather than unite the country. funny thing about the court in the past felix frankfurter a very very liberal jurist was appointed by franklin roosevelt and turned in the one of the more conservative members of the court earl warren appointed by a as an hour former governor of california turned into one of the more liberal can we always stamp the cord no and it's a it's a really important point you're right there over the course of history seeing justices who are perhaps proven to be disappointments from by the president and the party that nominated but i think what's at stake here in the reason people feel so

strongly about ruth bader ginsburg and justice ginsburg was a linus of the left and she in many respects really was at the vanguard of progressive thought and championing working people in this country and defending their constitutional rights and so that's a sacred seat i think for many americans when they look at who who should occupy that seat and so you're right larry we can't always predict how are the jurors who are ultimately decide a case and nor should we hopefully should we be able to but this is a this is a special seat and when 60 percent of the american people want mitch mcconnell and donald trump to wait and let the next president decide who should be nominated you that see that's a that's a supermajority that's that's enough to overcome a filibuster in the senate that is an overwhelming majority of americans who believe this at a time when this country really can't unite about much of 60 percent americans want us to wait then i think we should listen to the supermajority the 'd well iraqi

people. david in your gut the you expect an election result november 3rd. now you know what you know the modeling on this and there are very few sonority us that actually get us where to an election result on our november 3rd really barring a hulloa i think for a vice president biden which by the way i think is possible but barring a blowout this is not a president trump do we talks about mail in voting mail in ballots and he tries to stigmatise them he trusts us now preemptively on the legitimacy of voting by now which so many states do my home state of washington does without any problem he's really trying to lay a foundation for being able to challenge the election results on election night if he doesn't like the outcome and you know i think that we need to live by the principle in this country abide by the principle that every vote should be counted

and if states are are allowing people submit their ballots by mail is long as their stand on election day they should be counted so you know whether or not we know the outcome on november 3rd we darn well need to ensure in my opinion need to ensure that every american vote is lawfully cast that those votes are counted so so we're going to have a constitutional crisis. look i mean this 2020 literally everything has gone wrong this year so i would be a fool to tell you that now we couldn't i sure as heck hope we don't larry but. we you know we need to i think we all need to appeal to our better angels here and i hope the american democracy which has survived for centuries now can see through this election and look that's what i believe in the american people and the american people. are already voting interest people in early voting states you're seeing record turnout because the american people know what is

a state in this election is a repudiation of an agenda for the past 4 years or the such divide this country rather than unite us and so that's what people are voting on at the ballot box the voting on that they're voting to start some response to overcome the endemic. people get what the stakes are larry and so people are going to come out and vote and i believe and the american experiment and i i don't think that if joe biden selected on a number 3rd he will be president and donald trump needs to understand his place needs to respect his office enough to know that if you resist the race in his the ballot race rather than try to contested and draw it out and will gay sure only hurt the country ok david give me a forecast for election day senate and presidency. well i think president probably telegraphed that one of the job one's going to when it's looking good he's leaning on the battleground states of the polls and when you compare where he was even compared to former secretary clinton where or she was in 2016 joe is ahead and

he's really you know he's nearing that magic mark of 50 percent which is where you want to be it's an incredible place for him to be as the challenger the dolphins try to define the selection he's trying to find in terms of socialism one or all of these things are failing to see people are seeing through that they're looking his record in there and they're they're rejecting what donald trump is offering so i think joe biden wins the presidency in the senate the cook political report is is giving us democrats giving us a pretty good shot at winning the senate when you look at senators like susan collins in court garner 2 senators who are representing states that went for help or equipment 2016 they're both underwater and now with this really a popular so supreme court vote it's going to make their jobs even tougher so when you take races like that when you consider how well more teles doing in arizona i think we've got a clear path to retaking the senate in november they would thanks for your time today as all of us. thank you very good to see you well we'll have more politicking

after the break. but the get a list of all the. i think i want to look at what why did why you know i keep. telling you cope but there are also friends that the us are still stuck at the soul thing to do something to see. the charm. they have about 1000 i think there's a palace i'll go in with i'm one of that you know we'll look at that.

actually it's very interesting times because of the phone then because interest there's no way it's the largest social experiment ever don't. know if. there's numbers tonight if you condition one is there you can become more reflective and say vote kind of really neat. americans love by and homed. this was a fundamental part of how our political leadership and our country at large understood the bargain you get a hoe and then you know rebel right as the things you don't revolt if you have a stake in the system. and be really interesting to dial it back and take

a ballot. the longer deeper history l.a. housings man in the united states not just that old question of the american dream that the compression of the dream is and for. best geysers financial survival they say money to develop. close to jesus this is a central plank support die a bum is going to call them right now say stop the madness. well go back to politicking continuing the conversation now with alex vogel he served as chief counsel to senate majority meena bill frist former general counsel for the national republican senatorial committee and he is in northern virginia alex it now appears republicans have the motes to confirm your reaction to this.

i'm not surprised that leader mcconnell was able to get the votes together i'm a little surprised at the speed at which he was able to get the votes together we're only a couple of days into this and already generally people are conceding that leader mcconnell has the votes to go ahead and move this nomination and trumbull primary is set to announce the nominee on saturday and do you think if that does that you think they can get a confirmation before november 3rd it is certainly possible the reality is that once we started chipping away at the filibuster with all the various nuclear option permutations going back in the last 15 or so years a lot of road blocks simply went away there are certainly some procedural games that can be played the senate. it's not designed under the best of circumstances

but i think a vote confirmation by election day is definitely possible what do you make of the hypocrisy of those senators saying when the last time when obama lost when scully and i now let's lay best way the only election that was 9 months away and now they rush this through you don't see any at r.c.m. where i don't because i actually read what leader mcconnell said back then and i read what he said as recently as this february before this this vacancy came up and it was very clear both times that he was talking about situations where it was an election year and the senate was held by the other party from the president it is not terribly shocking him at the other party is not enthusiastic about moving someone else's nominees with all deliberate speed that's different then a president and senate of the same party there have been numerous i think it's 29

vacant that have come up in election years the vast majority of those have gone through i understand. the concern and i think a lot of the issues that have played exupery in court nominations in particular what happened with justice kavanagh play into this dynamic and are unfortunate but doesn't the senator from south carolina pipa ticket only hypocritical when he says record these words. there's no doubt that there are people on both sides of this issue who spoke out last time during the maryland bridge garland and her station who are going to have their words thrown back at them certainly lindsey graham is dealing with some of that barack obama chuck schumer a number of people who made comments at that point are going to have to to hear those again the reality is the focus rightly once

a nominee is announced and that process starts that process should really focus not on what was said back then but on the merits of this nominee and showing that vacancy. this can lead to other things this can lead to. democratic president a democratic senate and the senate votes to increase the supreme court to 12 they can do that and one of the things that we've heard is talk about court packing it was a really bad idea the last time that it was tried it's a bad idea now what's interesting is that when people talk of sturrock lee about the great presidency of f.d.r. the one mark that they always bring up was the attempted court packing plan i think what kind of an idea this is i don't care who's in power. that changing the

structure of the court to achieve a short term partisan aim is a very bad idea does the court lead the nation all follow the action of this nation agrees with or all horses way they certainly agree with that what they health act so if you have a court that's out of whack with their country what comes 1st. well the country comes 1st and i don't think that's really a question with the court in terms of following i think the real question is does the court follow the constitution the court is not supposed to be a political body bending to the popular whims of the people just as the senate is designed to put a little distance in between the people and their representatives compared to the house the supreme court all courts or at least theoretically supposed to be a step further than that again their mission is not to follow popular opinion their

mission is to follow the constitution of the united states and interpret whether there are laws that are passed or other regulatory events in line with those rights and privileges assured by the constitution. suppose the election is held and biden wins and the democrats when the sun that ship much camo asks for the approval of the new justices in a lame duck session absolutely the fact that it's a lame duck is reflective of the calendar and the fact that some of these folks will be departing shortly they don't lose their power to finish their constitutionally authorized and mandated x. . i do think if this faith can see had occurred after the election and the other party had won i don't see a lot of scenarios whereby

a nominee could get through start to finish in the lame duck but we're not in the lame duck it's september elections not until november. the timeline works fine for processing this nomination vi regular order do you see any downside for republicans if they go ahead with filling this. there are certainly those who have pointed to things like justice ginsburg's. apparent last wishes to be democrat appoint her replacement. with all due respect her last wishes are not the driver for this conversation nor any justices wishes about what should happen viz of the their seat relevant to the process i think that the larger risk frankly a magic a scenario where president trump waited to appoint someone and then didn't win and

then didn't have that opportunity to fill the seat look obviously the fates decide when these vacancies become available not politics and these are the cards that have been dealt and given the extremely high tension right now because we're about to have a presidential election it's certainly more dramatic and some of that is ramped up but i really don't think the president and the members of the senate have a choice but to proceed to fill the vacancy. his we don't know the name it looks like gaming baron is that what you hear and i have certainly heard her name a lot there are others that i've heard on that short list but all indications are that i've seen it maybe a shortlist of one at this point trump says he needs 9 justices to be seated so they can rule on things like mail and ballots is that and put me. isn't that

a slight reason. well we need 9 justices because there are supposed to be 9 justices and the court whether or not they're going to hear cases involving mail in ballots or anything related to the election is really irrelevant i'm sure that's top of mind for president trump when he thinks about potential court cases but the reality is we need 9 justices to resolve all these issues not just those that might relate to the election. alex colette's go to the places how does the election look to you and i think it's very tight i think that tightening that started in july and went to the conventions is only continued i saw some polling today that president trump for the 1st time in recent polling history is affirmatively a lot of the swing states are a lot closer than the biden campaign would like pennsylvania comes to mind vice

president biden scranton joe's a partial home state is pretty close i think we are going to be up very late on election night and beyond i also think just like this nomination has thrown the political world asunder i think there is ample time in the next 40 plus days for more surprises and if 20 twentieth's taught us anything is that there will be lots more do you a feel as many do on both sides of people on election day that we won't have a result that day. i am concerned about a clear result. i was involved in the 2000 recount process in florida and one of the really unfortunate consequences of that was a fairly dramatic break the american people had where they begin to distrust a lot of the mechanics of our democracy and while i'm not adverse to staying up

as late as i need to and if some of these states go into after hours so to speak so be it i think the american public is patient in that regard but a protracted even a couple of days legal fight that determines the outcome of the election i would not be ideal and i think may do further damage to our confidence. alex thanks for your time today as always thanks larry enjoyed it and thank you for joining us on this edition of politicking remember you can join the conversation on my facebook page or tweet me at kings things and don't forget to use the politicking hash tag and that's all for this edition of politicking.

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always say. the i'm not good but i come to your list. so you know men because he. join me every. song i'm sure when i'll be speaking to guest of the world of sport

i'm sure. i'll see you then. go if you use new restrictions are imposed across europe as the pandemic spirals with infection. in the spring. comes our analyses of the 20 u.s. presidential vote just weeks away republicans cry foul as election interference to twitter and facebook found a bombshell article on democrat hopeful joe biden and his son. but. they take the negative posts down oh just before they even go up they're trying to protect their droid to protect by this is election interference in the attempt.