very interested in the supreme court decisions i'm talking to them so we might also see effects on the senate and on the nod to political situation and not you know at the supreme court so it will be a remarkable what will come out of this in the next few months. any supreme court confirmation hearing is contentious this one is coming on the heels of an even more contentious election what's that going to mean for the campaign. right we just learned that the hearings will stalled 12 so what does it mean i mean it is kind of a reminder how important it is who is in the white house so this is kind of a call for action for the republican voters you know because i mean not only. able to pick a 3rd judge he might actually if he wins another term be able to judge another supreme court justice and then that really would summon the kind of political i don't. rection the same supreme court will go and there is another maybe ascites keek you know kemalist. the democratic vice presidential candidate she is a member of the judiciary committee that means that she has to be back in washington and tha

supreme court justices are acting more and more like elected officials, how so? >> sure. so in the very basic way, if a law is passed and the supreme court says this law is unconstitutional, in the past, congress would go back and rewrite the law, same thing with the executive order. the president would go back and rewrite the executive order. now that doesn't happen anymore. it used to happen a dozen times a year. two dozen times a congressional session. now it almost never happens. just a few examples, the supreme court invalidated part of the voting rights act that passed 98-0. when it was invalidated seven years ago and in that amount of time, even though the voting rights act passed by unanimous margins, able to rewrite the bill that was invalidated because in that short amount of time, congress became so contentious and hyperpolarized, so instead of the ongoing conversation, what the supreme court says goes. with the dreamers and same-sex marriage, these are things i think congress would weigh in but instead falling to the supreme court to make these decisions for th

supreme court, america? november 10. a week after the election. is that why senate republicans are in such a rush to get a new right wing justice confirmed before the election? so that supreme court can do what they failed to do here in the senate, repeal its healthcare law which protects so many americans? leader mcconnell slams on the brakes while tens of thousands of americans died from covid. and now he is slamming his foot on the gas to approve a supreme court justice who could rip away america's healthcare in the middle of a pandemic. shame, shame. for four months the republican majority delayed a covid relief package while the nation suffered. but one hour, one hour after the news of justice ginsburg's passing broke, leader mcconnell said, back down the hatches, we are full steam ahead on confirming another right wing justice. a justice who could undo ruth bader ginsburg legacy. who could rip away healthcare from millions of american families.or who could decide there's no more right to choose from millions of american women. roe v wade hangs in the balance here. who would cross unions for millions of american workers. he would made it harder for million

very interested in the supreme court the decisions i'm talking to them so we might all to see effects on the senate and on the not to the political situation and not you know at the supreme court so it will be a remarkable what will come out of this in the next few months. any supreme court confirmation hearing is contentious this one is coming on the heels of an even more contentious election what's that going to mean for the campaign. right you just learned that the hearings will stalled 12 so what does it mean i mean it is kind of a reminder how important it is who is in the white house so this is kind of a call for action for the republican voters you know because i mean not only. able with barrett to pick his 3rd judge he might actually if he wins another term be able to judge another supreme court justice and then that really would summon the kind of political direction the same supreme court. oh and there is another maybe a sidekick you know coming. the democrats vice presidential candidate she is a member of the judiciary committee that means that she has to be back in washing

president to be the one who gets to decide who will replace ruth bader ginsburg are on the supreme court and so it's a deeply unpopular thing in this because doing it fundamentally the stakes here are so high 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 the 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 sun 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 the american electorate in terms not of its decisions necessarily or rather of the composition of who serves on the court but you know i think that's kind of that's table stakes down the road right now what matters are the policy issues that are at stake and we talked ab

court. and so we don't know what kind of case exactly is going to go to the supreme court. he liberal wing of the court is one person short now with justice ginsburg no longer there. so whether it's amy coney barrett or neil gorsuch or brett kavanaugh or samuel alet toito,e are the folks who would be the median justice, crucial for the tiebreak vote. you only have now on the supreme court two justices were there during bush versus gore itself. so we haven't seen the supreme court get involved in a presidential election case. and so we don't really know how they're going to deal with some of the critical issues. >> harry, from your vantage point, what recourse do democrats have? >> i think the short answer is none. we are in the new norm, as is no norm. it's sort of law of the jungle. now there are some thoughts what they could do after an election. they're all very extreme and the sort of things that you wouldn't normally consider if it weren't so quirky as nate as kind of spelled out the situation we now find ourselves in. but back to this prospect of their deciding the nov

can you give me an argument why the supreme court should be smaller than our circuit courts? i can't. somocrats add ten more and we get to a hundred justices, i don't care. i can give in that world. because you know why? the more justices on the supreme court there are, the less important any one random death is to our policy. >> let me jump in with two things. a big ninth circuit facts, there are other important places in the federal judiciary that are large. and by the way, as lawyers know but people may not care to learn about it, it's not the most important day-to-day things in our life, the vast majority of cases are resolved in those larger cases below, not at the supreme court. but two, because you mentioned the other arguments and we like everyone to hear everything, chuck rosenberg, a very thoughtful lawyer with a lot of experience, he argues against what you're saying. take a listen. >> here's the problem in my view. let's say the democrats take both chambers of congress and the presidency and expand the number to 11. and then four years later, the republicans do the exact same

think of an aspect of american life where the supreme court, at some point, is not called away on and what the supreme court rules becomes the law of the soupreme court body and your political favour is an enormous triumph, if you are a republican or a democrat, you really wa nt republican or a democrat, you really want to republicans supreme court and if you are a democrat he really wanted democratic supreme court, and democrats tonight, i head one say to me, everything is up for grabs if the republicans take control of the supreme court, six republicans to three democrats, abortion rights up forgrabs, democrats, abortion rights up for grabs, gay rights are up for grabs, gay rights are up forgrabs, for grabs, gay rights are up for grabs, race equality in the country is up for grabs, voting rights are up for grabs, they really feel this is a moment where they could be using a huge amount of power and where america could be about to become a much more conservative country for years to come, however is a link it in november. both contenders for the presidency have given their reaction to the news. she led an amazing life. what else can you

i know kind of been bodies in some ways, the norms of the old days perhaps of supreme court confirmation hearing. and so i think there is some hesitancy on some folks. i could see both sides of this, that putting out a list improperly politicize this the supreme court. and a lot of people that politicizing the supreme court is a very bad thing. which is supposed to be a non- partisan institution of our government.et something that is not just a group of republicans and democrats. we help impartial jurists. my understanding is that is why biden might be reluctant to put out a a list. because in this election time is unduly politicizing the court. coursers those on the other side that say that is a boon to president trump to put out that list. by politicizing hilliard put on the courts and the voters of something useful to him. i think that is why biden has been reluctant to put out a lis list. of the roles were reversed i do not know i'm not a political strategist i'm a constitutional lawyer. i think certainly what we have seen from democrats is a concern about the legitimacy with voting going on right n

indicated that democrats also look to supreme court and supreme court beginning the summer they increase their awareness of the impact of the supreme court in their lives so each side will be under a lot of political pressure and that certainly politicize the court places additional pressure on justice to chief justice roberts who doesn't want to see the court as a political document and the institute preserve the institution that's going to be difficult moving forward. >>david it sounds already lisa murkowski the republican senator from alaska has said that she is not willing to vote until the election and in 2018 senator grassley said that he would not be looking a point or vote on a new justice in an election year do you think that there will be. 4 or more republicans to essentially break rank with their party should the vote come to the senate floor. >>right see you nailed it right there you've you've got for republicans you've got alexander from tennessee you have in addition, you have not only chuck grassley, but you have susan collins of maine you obviously lisa murkowski and there is as well and these folks are going to play a huge role mitt romne

of an aspect of american life where the supreme court, at some point, is not called to weigh in and what the supreme court rules becomes the law of the land, sog that supreme court body in your political favour is an enormous triumph if you are a republican ora triumph if you are a republican or a democrat, you really want a republican supreme court or democratic supreme court. i had a democrat say to me tonight, everything is up grabs if the republicans take control of the supreme court, six republicans to three democrats, abortion rights are up for grabs. gay rights are up for grabs. gay rights are up for grabs. gay rights are up for grabs, race equality in the country is up forgrabs, equality in the country is up for grabs, voting rights are up for grabs, voting rights are up for grabs. they really feel this is a moment where they could be losing a huge amount of power, and where america could be about to become a much more conservative country for yea rs more conservative country for years to come, whoever is elected in november. would you mind holding on a second because they would like to play our view is the reaction from the two peopl

him kind of a solid republican majority in the supreme court and this you know is important because supreme court justices are wonted for their lifetime and so that would mean for the for the next years to come that the republicans would have a really solid majority in the supreme court and therefore everything is highly politically politicized right now so close to election day. your in denver reporting on the u.s. presidential campaign it's a delicate moment there are 45 days to go until the election does that give president donald trump enough time to install a conservative replace. yeah that is a very good question and this is kind of the 1st thing people debate here legally he has the right the republicans have the majority in the senate but one could argue is so close to election day that people should vote whom they want in the high is court in the country so one should wait that would be this argument until election day so people could decide with whom they board as president so who would become the next supreme court justice but it's very likely that's what experts say that donald trump will take the advantage and try to install the

that just never happens at the supreme court. >> so, i know that members of the public began gathering at the premisupreme court last nig. what are we about to see unfold? what's the protocol? >> well, that's a little unclear, and i'll tell you why, and it's because of covid. normally, when we've had justices pass a away in the past, there is a big ceremony here, all of the clerks come. they stand guard over it. and last night, i was talking to people who were trying to organize this, clerks from across the country want to come in. but they're not quite sure how to deal with this in the age of covid. so, that's left to be determined. but one thing that's clear is this court obviously is now going to change, right? trump has got his third chance here. and what's interesting about it, this time around, he is replacing a liberal. a liberal giant. with a conservative. that's going to change the court. it's going to change the court for the short term. because now, we have eight justices. what happens if there's a split 4-4? what happens next term? there's a big case on obamacare coming up,

in several respectsjoe biden's on the supreme court, so in several respects joe biden's hands onis it for this hour, but there's quite a lot to talk about tonight on the paper, so rachel and george will be back again at 11:30pm. we will be back with you in about 45 minutes. we are not going to the press conference after all with president trump. i think it is polite to say that it is rather wide—ranging in its remit. we will bring you a digest at 11pm. coming up bring you a digest at 11pm. coming up next, it is click. hey, welcome to click. don't know about you, but the weather has turned very autumnal around these parts, and as expected, the restrictions are being tightened up as the numbers here rise. here we go, then. on the way into winter. lara, how are you doing? i have actually been a little bit under the weather this week. don't worry, not coronavirus, but it did get me thinking that if i'm ever unwell it would be quite handy to just have a spare version. so i have been working on a virtual version of me. i mean, we are a technology programme. yeah, we are, but we've alwa

there are republicans who are challenging the supreme court and the supreme court will be where that decision is made forcibly in the next few months and soyou can see why the supreme court play such an important role here's another couple reasons why the supreme court is important normally when people on the court of these 44 split at the moment roughly 5453 you would suggest in favor of republicans if the election is contested think back to 2 to the year 2000 the final decision me will rest with the justices of the supreme court so that is a concern going ahead with an election that has been contentious in the run up and donald trump says may be stolen from and here's the other thing that could be important as well if donald trump loses the election there is the real possibility that he will face some sort of legal challenge legal proceedings because of things that he did during his time in office people have been talking about that for several months if that were to go ahead inevitably or go through the legal process but could end up here at the supreme court and what you could have are 9 justices sitting down to decide the case about

so yeah. when i was in brooklyn college, she was confirmed as supreme court justice. and i just remember signs all over brooklyn, and people being so happy of a brooklyn girl. you know -- you know, laura, jeffrey talked about what she did for women and for equal rights. and really, just for civil rights and justice in this country. i asked kaitlan collins what the justice meant to her. what did this justice, justice ginsburg, mean to you? >> if you could have seen my phone, that blew up the second i heard that she passed. i actually had a visceral and vocal reaction. i actually screamed, out loud, no. because i knew just what a monumental passing this was. this is somebody who has been iconic. somebody who has been an inspiration for me throughout my legal career. much like my other icon, thurgo thurgood marshall, and charles houston. two profound architects. and then, be able to create a blueprint of how to dismantle the system. she was on that same pedestal. i even fan girled out when she walked by me when i saw the "rbg" movie and she was in the theater. and she wal

supreme court ? was until one senator from kentucky, senator mitch mcconnell eliminated the filibusterwhen it came to the supreme court . so this so-called accredited institution of the filibuster was eliminated when it came to supreme court nominees by that same senator mcconnell who comes to the floor and says democrats reached an outrageous position. they are threatening the future of the filibuster . he eliminated it. he made that decision. when there were changes made in the filibuster on other court appointments, senator reid was careful not to include the supreme court but senator mcconnell did. senator mcconnell has brought us to this moment. think how different it would be today if the nominee of this president was subject to a filibuster. it means the person nominated would have to be moderate in their approach. we don't expect that from this president in filling the vacancy of ruth baderginsburg . i also read and reread one simple fact it came to ruth baderginsburg in 1993 . he cleared the senate chamber at a time when the filibuster rule did apply with a vote of 96 to 3. 96 to 3. understand. >> hello everyone.

the passing of supreme court justice ruth bader ginsburg, thank you for being with us at 6 o'clock everyone i'm grant lotus and i'm vicki liviakis this all unfolding in the last hour or sothe supreme court confirming justice ginsburg died from complications due to up and create a cancer. right now we are being joined by political science professor david mckeown he is the chair of the political science department at sonoma state university. hello david thanks for joining us tonight. as we're all catching our breath really a monumental moment for the nation now the question of course is what happens next. writes, i mean there election

supreme court. now, many of those decisions have great political implications. but there really is no appeal, literally and figuratively, from the supreme court. son though the supreme court may not be regarded as independent of politics, it is all we have to resolve these cases. and i think the public has learned to accept that, if not embrace it. >> well, there are some who believe -- and i was talking to max boot about this last night. some believe that the public is going to be fed up with things like this. donald trump has appointed two, perhaps three supreme court judges. he lost the popular vote. the justices were approved by republican senators who represent 15 million fewer americans than their democratic colleagues. i mean, do americans have the right to think the makeup of the court might not necessarily represent their will when it comes to issues like abortion and health care? and, you know, as i say, there are some who think people may rise up at some point. >> well, i -- i -- color me skeptical that there will be a rising up about the supreme court. i think it is too far from the everyday concerns of most -- of most americans. dona

supreme court nominee. you wonder, here is a woman who argued cases for the aclu before the supreme court and so forth. she was approved by the senate 96-3. 96-3. to think of a different time when the supreme court was not as political as it is now, really it wasn't that long ago. and so when we talk about the approach of the senate, we can help to bring this country together if our rules reflect the fact that we need more moderate people serving on the supreme court. >> senator, good to see you as always. thank you for joining me. senate minority whip dick durbin of illinois. valerie jarrett was a senior adviser in the obama administration. she is the author of "finding my voice." valerie, thank you for being with us, good to see you again. you were in the white house when -- these have all been the remarkable days of ruth bader ginsburg, but i want to get your sense first on the passing of the supreme court justice. >> oh, on a personal note, ali -- first of all, good morning -- my heart is heavy, my spirit is strong. as a young lawyer i followed her career, watching her argue but the supreme court on

supreme court. let's pick now to elevation in washington d.c. so allen the political implications the ramifications of the supreme court vacancy continue. and they're going to continue for some time this is a big political when for donald trump it gives him the chance to go in front of the crowds and talk about filling the seat and lets the crowd chant fill that seat he gets to talk about the fact that he's already had 2 supreme court justices confirmed he can talk about the number of justices a lower level he's managed to push through and to degree it reminds people that a lot of them actually voted for donald trump because of his position on appointing conservative justices to the court and if you're talking about the supreme court we're not talking about the unemployment figures you're not talking about 200000 dead because of corporate you're not talking about other issues like health care which could well up end up in front of the supreme court so donald trump likes this and he's certainly been milking it over the last 48 hours talking about ho

very interested in the supreme court decisions i'm talking to them so we might also see effects on the senate and on the larger political situation and not only you know at the supreme court so it will be a remarkable what will come out of this in the next few months. any supreme court confirmation hearing is contentious this one is coming on the heels of an even more contentious election what's that going to mean for the campaign. roy we just learned that the hearings. so what does it mean i mean is this kind of a reminder how important it is who is in the white house so this is kind of a call for action for the republican voters you know because i mean not only. able to pick his 3rd judge he might actually if he wins another term be able to judge another supreme court justice and then that really would summon the kind of political direction the seam supreme court will go and there is another maybe a site. you know come along. the democratic vice presidential candidate she is a member of the judiciary committee that means that she has to be back in washington and that she caught on to

the president is talking openly about wanting to confirm a supreme court justice before the election sohat supreme court justice can vote on the court to give him the presidency because the president already says the election is invalid. the way president trump is already talking about how he's going to choose justice ginsburg's successor is perhaps the best evidence about why justice ginsburg felt the way we know she felt about the process of choosing her successor on the court. this interview with justice ginsburg's granddaughter was just posted today by the bbc. watch. >> i asked her if there was anything she wanted to say to the public, to anyone, that wasn't already out there, and she said there was. and i pulled out my computer, and she dictated the following sentence to me. she said, my most fervent wish is that i will not be replaced until a new president is installed. and i read it back to her. she was very happy with that. and when i asked her, is that it? is there anything else you'd like to say, she said, the rest of my work is a matter of public record. so that was all she

bush until mid december when the supreme court finally decided the florida recount case. so, the other possibility of course is that if there is a case challenging or contesting some aspect of the presidential election that goes to the supreme court, the senate could be voting on a nominee just about that time. so, you know, there's a lot of moving parts here and it's just not at all clear how it's going to happen. but i would say if i had to put money on it, i would bet the vote would happen after the election. >> then you add to that, just look to the logistics of the calendar, pete. we have the holidays. there's a holiday break. then there would also have to be the vetting of this particular nominee. then there would have top the confirmation hearing on this nominee. actually, the clock could get run out, right, before january 20th if there was a change in the presidency. >> the day the president announces a nominee until the senate votes to confirm. that's to do all the things that you just said. for the judiciary committee to do the vetting and remember the white house

justices as long as they do now, so this issue ofjustices becoming less clear in their thinking, perhaps, in late life, less able to handle the enormous workload of the supreme court it is really left up justice, so it is really left up to them individually to decide when they are no longer able to do the work, and that will not always work out terribly well. so, the whole concept of a lifetime appointment was meant to provide the maximum possible judicial independence, so that they will not be bullied by the political forces in society. there have been some calls for limiting the term of a supreme court justice, but the fear is that that would inevitably make those positions even more political than they are turning out to be in these very divisive confirmation processes that we have seen in recent yea rs. we have that we have seen in recent years. we have seen more retirements than deaths in office, amongst supreme court justices and most of them reach a point where they can't do the work anymore and they simply resigned. that probably is the ideal, nobody wants them all hanging on until the day they die and yet it is a toughjob to give up because there are only

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 at this reunion popular so a supreme court vote is 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've advance for your time today as all of us. thank you we're going to see you well we'll have more politicking after the break. to get the valuation and get it by. stock price times current the number of shares outstanding and if you have knowledge on how to buy back your own stock and pump up those stock prices and executive stock options then you have a higher market cap actually didn't create anything for the economy it didn't engage in any capital expense expenditures a cap ex to expand your company in any way then what'll happen is will happen to i.b.m. you know they want to the whole stock buyback routine then eventually played out and the company is a shambles or general electric general electric is almost absolutely out of business by trying to push me instead of produc

of people. >> before she was on the supreme court, she argued cases before the supreme court or worked on cases that were argued before the supreme court. and it's so hard to imagine it now, but back then she had to kind of move the justices and kind of open their minds to an expansion of sort of understanding the role of women in society and how laws that were in place that were supposed to be helping women maybe actually were -- well, not even maybe -- were actually keeping them in a subservient, unequal position. >> right. anderson, so picture this tiny little woman and she's standing in front of nine male justices. one of them a civil rights hero, thurgood marshall. but many of the rest of them she talked about how they believed themselves to be good husbands and to be benorthwest lent and didn't think the lack of constitutional recognition for gender equality was a problem because my wife, you know, has it great. she doesn't have to serve on a jury. she can be at home all day. they failed to recognize the fact that gender constraints in the law harmed everybody and she actually convinced them step by step. she had a brilliant legal mind and di

supreme court. what is the precedent on expanding the size of the supreme court and how is it that we end up with nine supreme court justices? >> good morning, ali, and dahlia, too. so the number nine was fixed in 19 -- sorry in 1836. the court was six justices and another two justices added, one in 1837. and then a huge court packing battle around the time of the civil war and the number expanded to ten in 1863 to give lincoln a majority to uphold his legislation. then when andrew johnson got in, they reduced the court by two seats in 1866 to prevent johnson from making any appointments and after johnson was out in 1869 it went back up to nine and stayed there ever since. so what this shows us and it is important to look to history right now, these partisan battles over the supreme court especially in polarized times and we're more polarized than any time since the civil war and they could result in parties playing tit-for-tat and expand further and you may be on a nuclear spiral that could really imperil the legitimacy of the court for a long time to come. >> dahlia, what is your take on it? >> i agree with jeff. i think while there definitely has to be some kind

very same time any legal challenges over the presidential election could reach the supreme court as it did in 2000. soe court with great uncertainty about who will put her successor on the court and when that will happen, peter. >> pete williams joining us on this hugely significant day for the supreme court. >>> we want to bring in andrea mitchell who knew ruth bader ginsburg so well we know for ginsburg her jewish faith was so important by jewish tradition, a person who died on the jewish new year, as it was yesterday, is a person of great righteousness you knew her >> righteousness is an apt description. strength this woman was so determined she could do anything. i think when she said a couple years ago in an opinion piece she wrote that she had more than a little bit of luck in her life but nothing approached the magnitude of her marriage, her love for martin ginsburg i think that really was part of the reason for her success she credited him with almost lobbying to get her on the court with the clinton administration. he was a passionate defender, supporter of everything she did. he learned to c

the interview covered a wide change of topics, including what a more equitable supreme court might look like. >> sostion, help me finish this sentence, okay? there will be enough female justices on the supreme court when there are -- >> you know the answer is when there are nine, of course. >> with her passing, both the makeup and ideology of the court now hangs in the balance. poppy harlow joining me now by phone. i remember that interview so well. you and she were beaming. so what will you most cherish about that interview and what she said about the way her gender has impacted her career path? >> hi, fred. it's so nice to be with you. it's a sad day, of course. but there is so much that this country, particularly women, mothers, that we are left with from the trail she blazed. if i could speak from a personal perspective for a moment, it was the fact that sitting down with her for an hour that day, five days after having my son, was really in many ways made possible because of the trail that she blazed. and i say that because, fred, you know, when you're offered an interview like that as a journ

even before her years as a supreme court justice, she championed the rights of americans and the ideals that we hold so dear. she advanced the cause of liberty and equality and the understanding as it says literally on the supreme court wall equal justice under law. this spirit that she fought for was buttressed by her massive intellect and her acumen and her skill and her strategy that was seen in her career as a lawyer as well as her opinions and work as a justice. now, shehe understood more, or s much as anyone, that the decisions of the supreme court literally had a profound impact on the daily lives of americans here that the decisions of the supreme courtil will affect some of the most fundamental ideals. it could mean the difference between life or death, the difference between economic security and economic ruin, , te difference between environmental protection and devastation. it affects not just the balance of power in institutions like the senate, but also the balance of people's lives and their well-being was at the kitchen table. she knew that our laws are tools through which we could eith

republican majority on the supreme court would be 6 to 3 and many questions such as the right to abortion equal rights for gay marriage things like that would come before the supreme court so what we're talking about is something that could fundamentally change the face of the united states not just for one or 2 election cycles but for a generation and beyond alan fischer outside the supreme court in washington d.c. thank you. so tributes are coming in from across the political divide for ruth bader ginsburg chief the chief justice john roberts announced her death in his statement he also said our nation has lost a justice of historic stature where the supreme court of last a cherished colleague today we mourn but with confidence that future generations will remember ruth bader ginsburg as we knew her a tireless and resolute champion of justice for us secretary of state and presidential candidate hillary clinton whose husband appointed bader ginsburg to the supreme court said this justice ginsburg paved the way for so many women including me it will never be another like her and former u.s. president george w. bush is also honored ginsburg in his statement he said she dedi

they're fighting it across the street in the supreme court building. so the deciding vote on the supreme court, is it important to america? for 20 million americans it is deadly important as to whether they have affordable quality health care. republicans were never able to repeal the affordable care act because of john mccain's courage. so republicans are now trying to accomplish in the supreme court what they couldn't accomplish on the floor of the senate. in fact, on many issues, when the republicans' party position is not popular, republicans are trying to get the courts to do what they can't do leverages slay alternatively -- legislatively. issues like rolling back environmental protections, dictating what women can and cannot do with their own health, wiping gun safety laws off the books, deporting dreamers and undermining worker protections. the supreme court was created by the founders of our nation to be the arbiter of equal justice under the law, not as a tool for one party's political agenda. while the american people can smell a rat, they know

keep people from voting, get that election closer than it otherwise would be and then steal a supreme court seat so that if it goes to the supreme court they will still be in power. this is a naked grab for power. it is a page out of the playbooks of dictators everywhere, and we need to put a stop to it. >> senator elizabeth warren of massachusetts, who is still there in washington, d.c., as you see behind you. thank you for making the time. >> thank you. >>> still ahead, do you have a voting plan for the election? we'll talk about why voting early could change the trajectory of the election right after this. here? nope. ♪ here. ♪ when the middle of nowhere... is somewhere. the all-new chevy trailblazer. ♪ introducing the new sleep number 360 smart bed... ...now temperature balancing, so you can sleep better together. can it help keep me asleep? absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. can it help with snoring? i've never heard snoring. exactly. no problem ...and done. so you can really promise better sleep? not promise.

but what happened with the supreme court in the mcgirk case is that the promisedohe tribe is now fwarn guaranteed again. >> so what is the reservation as upheld by the supreme court. however, that said, our history is very similar to the cherokee nation, to the choctaw nation, to the chickasaw nation and seminole nation. it's not correct when dthey say half of oklahoma is indian territory. it's not. your jurisdiction stops with native-americans on the reservation. >> it hasn't really hit me yet. what's happened this year is part of history. ♪ living iwoah woma is land of cowboys and indians. this is the birthplace of the creek government, when it first started. our constitution, article xvii raised all treaties shall be the supreme law of the land. and i'm hoping that the supreme court made their decision, this hopefully was based on this. people who doesn't realize that we are here, we are a nation. i am muskogee creek by blood and grew up in oklahoma. >> the picture down there, there's me. i was but 3 years old, i guess. lot of indians and kids, they were dying. >> that's our great, great-grandmother that w

so supreme court nominee amy coney barrett meeting with senators on the hill today as her confirmationactly five weeks to go until the election. karl rove, katie pavlich and juan williams are next. first, the voice of the people. >> when you talk to your friends about the election, what are the things that people are arguing about or talking about that concern you right now? there's a lot going on. >> does a lot of division. i just wish we had a candidate that could bring people together instead of separating -- i'm getting frustrated with the two-party system. i don't know. i don't know what the answer is. >> what you think of president trump? did you vote for him last time? >> honestly last election i went about and i couldn't vote for either one. >> it might happen again? >> it might happen again this time. because have you had a chance to take a look at amy coney barrett? >> i haven't looked at her closely, no. i would hope that we would have had the same respect and delay in choosing the judge until after the election, like obama did. ♪ >> bret: president trump's supreme court nom

i was in the supreme court of the united states in december of 2000 that happen to be the day i was admitted to the supreme court bar so all the justices where they are arrayed in all their splendor including ruth bader ginsburg. one of the great days of my life and later that day, they argued bush v gore. this is now a 4-4 supreme court if we don't get that ninth justice confirmed. the selection could very well follow the gore-bush election of 2000 and be decided by the supreme court of the united states. how do they decide, that's why they have this urgency. i think there's a political calculation that the republicans have made that they've gained more votes by motivating their following by pushing through this nomination, then they lose. now it might be that he's motivated by a higher calling, that this is really because he feels so deeply, so profoundly about the issue of abortion, opposing abortion. could be that he's going to sacrifice everything, but everything on this roll of the dice, this insistence on getting because of his conscience and his heart and will risk everything. >> martha: you may have just touch

and confirmation on the court and then saying that this whole thing is not going to be legit, so it will go up to that court, connect it for us. >> yeah, poppy, so the u.s. supreme court, of course, is going to be so important here. to meet the scariest snath scenario is what mr. brinkley talked about. the constitution does allow a state legislature to undermine the actual vote in that state. the constitution does not say the electors have to be based on the vote f. that ends up in the supreme court, it's so important to see whether the president gets his nominee through and confirmed in time. if so, the ballots goes from a 5-4 conservative majority to a 6-3 conservative majority. what that does is give the president john roberts' insurance. last term there were several big cases john roberts joined over to create a 5-4 decision in the liberal core. even if roberts splits over, it's still not enough. you need to see roberts plus one in order to give the liberal block a win in the supreme court. >> i never heard it put that way. john roberts' insurance. not exactly the name the chief justice wants. it's a good one. thank you all so much. we have a lot ahead this

wade come before the supreme court and could that issue of it being overruled be brought to the court. fred? >> thank you so much. a very busy nation's capital today. >>> if confirmed to the supreme court judge amy coney barrett's presence on the bench may not only cement a long-term conservative legacy for president trump, but also usher in a wave of potential changes on social issues like abortion, lgbtq rights. today we will have several conversations of landmark rulings that affect millions of americans and how a single nominee could potentially impact lives for generations. my next guest would be directly affected if the supreme court overturned the law giving same-sex couples the fundamental right to marry. greg burk and michael delian are married and living in kentucky and were plaintiffs in the supreme court's marriage equality case. greg, good to see you. how confident are you that marriage equality will remain the law of the land if barrett were to be confirmed? >> first of all, thank you for having us here today. we are gradeful that you sought us out and want to hear our opinion on this because

supreme court? >> yeah, i think so. this changes the subject and it changes the subject to something that i think, again, is a net positive for republicans. i mean, first of all, it's a bit of a rose garden thing. trump is the president, he is making a nomination, the senate is going to take up that nomination. but, you know, it's a huge news story, legitimately so, and it obviously changes the subject. what are we not talking about today? didn't we hit 200,000 deaths from covid? that would have probably been dominating the news today. if nothing else, it changes the topic of conversation to an area that i think is more positive. but, look, i think democrats are already so ginned up against donald trump, it's hard to imagine that this is going to get them any more fired up. on the republican side, i think this maybe brings home some conservatives who don't like donald trump, but do care about conservative judges. and that's sort of why i think, at least for now, this looks like a net positive for republicans. >> we'll l

and there is no time limitation on the ability of a president to nominate a so-called inferior office, including the supreme courthe is a accusing the president of an abuse of power, that's how low we've gone and think about it, ruth bader ginsburg dies and 24 hours, actual who has sent out so many fund-raiser requests that the democrats raised $100 million in less than 24 hours. somebody dies and politics and we use it as an excuse for fund-raiser immediately. >> dana: one of the things they want to focus on his health care, take a listen to both biden and pelosi about the affordable care act in the upcoming court. >> this is about whether or not the aca will exist. >> that is why he was in such a hurry, so he could have someone in place for the oral arguments, this is unfortunate that the president would be so disrespectful and rush into th this. >> dana: i can see it both ways, that you want to focus on one particular issue area, or is that a mistake? >> politically it's smart on their part because if you look at the polls, the number one issue that motivates people to vote democrat in this election is health

so what are you learning about the president's supreme court selection process which is so, so critical? >> reporter: that's right. it really is. and we're told just in the last several minutes that president trump met today with judge amy coney barrett one of his top contenders for the seat left by the late justice ruth bader ginsburg. the president told reporters earlier this afternoon that he has already spoken with some of the contenders on that short list and will continue to do so over the coming days. as the president and senate republican leaders plo plot str, the u.s. on the verge of passing that grim milestone of 200,000 deaths from the coronavirus. and the president is giving his administration an a-plus for his handling of covid-19. in a stunning departure from reality, the president is giving himself the guebest possible gr of his handling of the coronavirus. and the president insisting that the u.s. is? how nearing the end of the pandemic when there is no basis for saying that. >> the job itself, we take an a-plus. we're rounding the corner and we've done a phenomenal job

it's the supreme court, so the hypocrisy is okay now? >> i mean, you know -- >> it's also -- it's not hardball. it's not hardball. this idea that he's playing hardball, he's not. this is unethical. it's -- hypocrisy, fine, people in d.c. can be hypocrites. if you want to write that off. the point is, the republicans stole a supreme court seat. we need to not lose sight of this. if they move -- >> that's not true. >> yes, it is true! >> that's not true! >> listen, i sat here and listened to you, so can you just listen to me? if they go ahead and hold one standard for themselves when barack obama is president and hold a different standard when donald trump is president, and in both cases end up with a supreme court nominee going to the supreme court, then they have stolen one seat. that is what has happened. so the fact that you're defending that they lied, first of all, so you're defending lying. you're defending the fact that mitch mcconnell, lindsey graham -- >> no, i'm saying mitch mcconnell lied. >> -- stood up and lied and said all -

as chairman of the senate judiciary committee joe biden had warned of the nomination of a supreme court justice sose to a presidential election. >> it would be our pragmatic conclusion, that once the political season is under way, and it is, action on a supreme court nomination must be put off until after the election campaign is over. that is what is fair to the nominee, and especially to the process. otherwise, it seems to me, mr. president, we will be in deep trouble as an institution. >> when asked in february of this year, how the senate would handle the scotus vacancy in 2020, mcconnell had this to say. >> let me remind you of what i said in 2016. i figured you'd have to go back to the 1880s to find the last time a vacancy on the supreme court occurring during a presidential election year was confirmed by a senate of a different party. than the president. that was the situation in 2016. that would not be the situation in 2020. >> last night, candidate joe biden said this about the scotus vacancy. >> let me be clear, that the voters should pick the president, and the president should pick the

one of the dissputs that go on the supreme court. so a highly significant decision that could affect their lives in coming weeks. >> the stakes could not be higher. >>> coming up next, to the white house we go. john harwood, what more do we know about the timeline when the president might announce his pick. >> some conservative advisers thaugt the smart play would be to delay this nomination to keep conservative voters hungry beginning into the november election. and also diminish, take some of the edge off of the zeal of democrats once a specific name is out there. but restraint is not in donald trump's repertory. he indicated over the weekend he's going to put out this nomination within a few days, perhaps as early as this week. he said it's going to be a woman. and some of the names are pretty obvious. ames membership barret was the runner up to the last choice. she's a conservative catholic. long-time professor at notre dame law school. she's now on the appeals court. barbara lagoa, also on the appeals court. and then allison jones

so courageous throughout her entire life. speaking about gender equality, fighting for it, not only as a lawyer before the united states supreme courting so many cases involving gender equality, but in addition when she took the bench and became a justice of the supreme court 27 years ago. so how does it feel to you knowing her and sharing a lot of her passions to have donald trump nominating her replacement? first of all, i think it is obscene that senator mitch mcconnell and donald trump are talking about her replacement. she is not even been buried yet. and they are just in a rush to nominate or appoint a replacement. this is so disgusting, and i want to say that her granddaughter said that justice ginsburg, her last wish, i will read it to you, she said about her grandmother, "my most fervent wish is that i would not be replaced until a new president is installed." so they're not even giving her last wish. at this point, let us play you what the leader of the senate, mitch mcconnell, had to say about the timing. let's let the american people decide. our view is this, give the people a voice in filling this vacancy. what do you s