elena kagan 67. 82.el alito john paul stevens in 1975 took only 19 days. justice sandra day o'connor took 33 days. as you look at the campaign calendar and the senate calendar, what does that tell you? expect we are going to see mitch mcconnell start to push for things that happened very quickly. we know that president trump has had a list of supreme court nominees for years, since 2015. upkeep seeing him bring that as a dangling carrot to those conservatives. we know that they may have already started to look into a lot of those people. they have to vet those people. you talk about the different

history and precedent make that perfectly clear others want to claim the situation of justice alito is one - - justice scalia's passing so we should not proceed until january this is completely false this is what i said on the very first session the day after justice scalia passed the senate has not filled the vacancy when there was a divided government since 188-8130 years ago. here is what i said the next day have to go back to 1888 when cleveland was president last time to find the vacancyel created was approved by a senate of a different party. only six prior times in american history has the vacancy arisen in the majority of those times and 2016 no confirmation. that is a an outcome when you have divided government. as an unusual favor that has been granted nearly 130 is the for them that they have explicitly elected so we stuck with the basic norms so by the way they did precisely what they had indicated they would do themselves in 1992. democrats control the senate opposite bush 41 and senator joe biden with the judiciary committee. unprompted publicly declared the committee mig

we saw the term before last in a four / four split it was a split but justice alito concurred say youmay want to reconsider that nondelegation doctrine but not in this case because had argued before justice kavanaugh joined the court. i think it's unfortunate we look at justices in partisan terms and it's unfair but those democratic said no and we don't use this it is a relic of the past it is been jettisoned since 37 and then justice gorsuch riled - - wrote a history back to the anglican precedents including british law that says this is a principal and here's what we do with the major questions and they all fall into this we should bring the doctrine back into a discussion so look at three justices who say yes let's do that and one may be and then they say let congress delegate. it will be a five / four case i think alito would sign on board to a certain type of opinion and brett kavanaugh was a big proponent on the dc circuit court of appeals. >>host: you mentioned and executive orders we have seen former president obama use them you mentioned daca and then president trump coming i

am announcing today would be in the mold of justices, antonin scalia, clarence thomas, and samuel alito. their names are are as follows. y of arizona. judge on the ninth circuit court of appeals. daniel cameron, of kentucky. attorney general of the commonwealth of kentucky. paul clement, of virginia, former solicitor general of the united states. senator, tom cotton, of arkansas. senator, ted cruz, of texas. stewart kyle duncan, of louisiana. judge on the fifth circuit court of appeals. stephen angle, of the district of columbia, assistant attorney general for the office of legal counsel at the department of justice. noel francisco, former solicitor general of the united states. senator, josh hawley, of missouri. james o., of texas, judge on the fifth circuit court of appeals. tsis of virginia, judge on the district of columbia circuit of dust circuit court of appeals. barbara l., of georgia, and judge on the second court of appeals. christopher landau of maryland, united states ambassador to mexico. ooneys, of florida, justice on the supreme court of florida. martha p., of illinois, ju

individuals, the 20 additions i am announcing today would be justices antonin scalia, justice thomas and alito. their names are as followed. bridget of arizona. judge on the ninth circuit court of appeals. daniel cameron of kentucky. attorney general of the commonwealth of kentucky. virginia, former solicitor general of the united states. senator tom cotton of arkansas. senator ted cruz of texas. stewart kyle duncan of louisiana. judge on the fifth circuit court of appeals. stephen angle of the district of , assistant attorney general for the office of legal counsel at the department of justice. former francisco, solicitor general of the united states. senator josh hawley of missouri. , judge on the fifth circuit court of appeals. gregory of virginia, judge on the district of columbia circuit of dust circuit court of appeals. and judge onorgia, the second court of appeals. christopher landau of maryland, united states ambassador to mexico. itlos moonies of florida, justice on the supreme court of florida. illinois, judge on the district court for the northern district of illinois. pennsylvania

i don't know if joe biden remembers he led the filibuster of justice alito. i'm not sure what he recalls of any of those, but i do know the willrats today here continue to remember those lessons and use them against whoever it is president trump nominates. the constitution requires two things to put someone on the supreme court. one is the president makes a nomination. two is the senate has to determine they will deal with that nomination and approve it. anytime the white house and senate have been in general political agreement -- and there have been 29 of those times in an election year -- judges have been confirmed. when there is a disagreement, that is solved in another way. there is a constitutional job to be done. another job that seems to be slipping away from us is the opportunity to have another package on how to get people back to school, back to work, back to childcare and better health. i told several of you over the last several weeks i thought the was the october deadline. i hope we can get focused and not assume the economy can struggle along,

the 20 additions i'm announcing today clarence thomas and samuel alito. their names are as follows: bridgett beatty of arizona. judge on the ninth circuit court of appeals. daniel cameron of kentucky, attorney general of the commonwealth of kentucky, paul clement of virginia. senator tom cotton of arkansas, senator ted cruz of texas, stewart kyle duncan of louisiana, judge on the fifth circuit court of appeals. steven engle of the district of columbia, assistant attorney general for the office of legal counsel at the department of justice. noel francisco, former solicitor general of the united states, senator josh hawley of missouri, gregory katsiss of virginia, barbara lugoa of florida, judge on the 11th circuit court of appeals, christopher landow on maryland, carlos munes of florida, martha packall of illinois, peter fipps, sarah pitlik of missouri, allison jones rushing of north carolina, judge on the fourth circuit court of appeals, kate todd of virginia, deputy assistant to the president and deputy counsel to the president. lawrence van dyke of neva

the dates for justice alito dairy -- justice as amy coney barrett has been announced.ings will begin monday, october 12 with opening statements and questions from the nominee beginning on tuesday the 13th. senator graham adds that he expects the hearings will last three or four days and you can watch live coverage of every minute of the hearings on c-span, c-span.org, or this in on our free radio app. -- or listen on our free radio app. the white house did not lease a weekly address this weekend, but the senator of ohio did the weekly democratic address. he discussed the vacancy on the supreme court following the death of justice ruth bader ginsburg. trump spoke with reporters while leaving the white house -- mortgage utilities and bills due for families who will not have a way -- americans lost their jobs.

justice alito read the opinion.timely, that i waited too late to file my charge. >> justice ginsburg has filed a dissenting opinion. >> the court does not comprehend or is indifferent to the insidious way in which women can be victims of pay discrimination. congress intended to govern real world practices and that world is what the court ignores today. >> she's hit the nail on the head because she definitely said they do not know what it's like in the real world. >> today the ball again lies in congress's court -- >> -- to correct the error into which the court has fallen. >> she was laying down a marker for congress. >> and in fact federal law was changed because of her dissent. >> it is fitting that the very first bill that i sign, the lily ledbetter fair pay restoration act, is upholding one of this nation's founding principles, that we are all created equal and each deserve a chance to pursue our own version of happiness. >> ruth and i were in new york city to see the play "proof." and as we walked down the aisl

justice alito read the opinion.ad waited that late to file my charge. >> justice begiginsburg has fil dissenting opinion sf. >> the court does not comprehend or indifferent to the insidious way women can be victims of pay discrimination. congress intended to govern real-world practices and that is what the court ignores today. initially, you may not know that men are receiving more, only over time is there strong cause to suspect that discrimination is at work. >> she's hit the nail on the head, but she definitely said, they do not know what it's like in the real world. >> today the ball again lies in congress' court -- to correct the error into which the court has formed. >> she was laying down a marker for congress. and in fact, federal law was changed because of her dissent. >> three fifths of the senators having voted in the affirmative, the bill is passed. >> it is fitting that the very first bill that i sign, the lily ledbetter fair pay restoration act is upholding one of this nation's founding principles. tha

bigger than the replacement of sandra day o'connor by samuel alito which moved the court to the right. but that really moves the supreme court decidedly to the right for decades to come. that would be a huge -- a huge change in the supreme court's jury is prudence. >> pete williams, thank you so much for joining us at the last minute tonight with this very sad and monumental news. i appreciate you coming on thank you. >> of course. >> i want to turn to neal katyal, someone who has argued before the court as an oral advocate many times argued before justice ginsburg. your thoughts on her passing >> heart broken. i argued 41 cases in front of her, knew her outside of the court. her husband was a friend of mine at georgetown. and just the loveliest of people and a great jurist and a true american hero. and, you know, like this is someone who never missed a day of court until 2018, several rounds of cancer and chemo and the like i was in the courtroom the day after her husband marty passed away she was there delivering an opinion. even, you know, i had just recently been arguing in front

pretty short order the conservative side would lose justices thomas, chief justice roberts and justice alitoe next few years, and the democrats or the liberal side would only lose justice breyer who is 82 years old and likely to retire sometime during a biden administration if there is one anyway. so i don't know why republicans would agree to that kind of deal, and i think they'd probably have the votes to stop it. gerry: you think they do. because they might appeal to someone, 18 years is a relatively long time, you know, we have term limits in -- [laughter] i'm sure it does. you think, you don't think republicans would be willing to go along with that. >> i don't think they would go along with it if what it meant was that those three justices were removed from the court over the next few years. if they grandfathered them in and now we're talking about 18-year term limits, i think that's something we could talk about, and we should talk about it. gerry: you wrote a piece talking about how this is really, politics really what matters here. as you said, the republicans have a majority in the

judge alito and justice thomas if they continue this pattern to demean this outstanding nominee the americaneople will push back hard. kavanaugh really did help republicans pick up senate seats because they went too far. judge: there was talk initially the democrats may boycott the hearing do you expect that to be the case? >> [laughter] it would make them quicker. [laughter] we will have hearings. half of the supreme court nominations have had hearings within 16 days justice burger was confirmed in 17 john paul stevens 19 days. there is nothing unusual about the time. we've never confirmed anyone in the election year after july but i expect they will show up and challenge judge barrett about the law and ask her questions about her faith and if it influences her decision-making the government can establish a religion we all like them thinking one religion over another they camp their faith or not at all and the constitution guarantees to religious preference cannot be used against you if you are chosen for a job like this i expect those to fall in place and i expect her to be confirmed. judg

foot shot, to run shot lazard oh 3 1/3 innings this game, gave up three runs meanwhile it is lucas g alitothe mound for the white sox, he went six perfect innings. remember he threw a no-hitter earlier this season. he strikes out the side, laureano, and daniel murphy, throwing a beautiful seven innings worth of work, they broke up the no- hitter in the seventh, tommy lasalle with a single but the a's lined up on the short end. 4-one final game to tomorrow at noon. let's take it to back east, where the bronx bombers home run bats and evidence they had for over yonder, including erin judge, smi local products, with a two run shot one of four homers, the new yorker smacked against the indians and cleveland's that is something else going on in cleveland, giancarlo stanton also had a home run for the yankees as well, one of therefore. okay, you knew sooner or later it would be a totally smooth ride with the pandemic and evidence still in many parts of the country, and today, they had their first little event creeping into the tennessee titans organization, they had to close things down at their

judge alito and justice thomas if they continue this pattern to demean this outstanding nominee the american people will push back hard. kavanaugh really did help republicans pick up senate seats because they went too far. judge: there was talk initially the democrats may boycott the hearing do you expect that to be the case? >> [laughter] it would make them quicker. [laughter] we will have hearings. half of the supreme court nominations have had hearings within 16 days justice burger was confirmed in 17 john paul stevens 19 days. there is nothing unusual about the time. we've never confirmed anyone in the election year after july but i expect they will show up and challenge judge barrett about the law and ask her questions about her faith and if it influences her decision-making the government can establish a religion we all like them thinking one religion over another they camp their faith or not at all and the constitution guarantees to religious preference cannot be used against you if you are chosen for a job like this i expect those to fall in place and i expect her to be confirmed. ju

justice kennedy wrote a concurrence with which justice alito joined saying if you join you agree the statute was ambiguous, but he would reverse the order of the opinion, but he would discuss the text first and the purpose of the statute second. and he had a line in there that he wrote, we must give deference to the author that matters. justice scalia said you better save that. i may need that at some point. scalia wrote a classic scalia dissent. the language was unambiguous, citing the return of the church of the holy trinity case that he's always pointing to elevation of statutory purpose over intent. it was the full scalia. it was apple sauce. it was everything. and justice stevens wrote separately specific to respond to justice scalia. and he -- it was a concurrence he wrote that was only his. and there were a couple -- there were two passages in particular. if you read the two opinions, you get a real flavor of the differences. this one i thought really hit it home. it said, justice scalia's argument today rests on the premise that every policy implements a judge's personal view

alito, kavanaugh, if they continue this pattern of trying to name this outstanding nominee, i think therican people will push back and pushed back hard. kavanaugh did help republicans pick up senate seats because they went too far. judge jeanine: there was talk initially that the democrats might even boycott being at the hearing, you expect that to be the case? [laughter] make them quicker. b [laughter] half of the supreme court nominations have had hearings hwithin 16 days over half. justice was confirmed in 17. john paul sevens stevens, 17 days. nothing unusual about the time period. i expect they will show up and i expect they will challenge judge barrett about the law asked about her faith and doesn't influence her decision making. three things you need to know about america, government can't establish a religion, we don't like the government taking one religion over another. every american has the freee exercise of religion, pick their faith or not have faith at all. the constitution guarantees your religious preference cannot be used against you for your chosen for a jobse like th

we saw the term for / four split that senator alito said if there is a majority a may consider in thecase had been argued before justice cavanagh joined the court i think it's unfortunate looking at those in partisan terms and that's not fair looking at those appointed justices we don't use this it is a relic of the past and then you had justice gorsuch running with the nondelegation and with british law that said it's an important principle and and they all fall under this. and that for congress to delegate. and then to sign on board with that opinion and a great proponent with the dc court of appeals. >> mentioning executive order see me former president obama and mentioning daca and then to face the challenge in court so is the executive the most powerful branch right now? >> ambiguously is not the case in the early republic that congress was clearly the most powerful branch someone of the two great early justices on the court and it's pretty clear congress has the power and those writing in the federalist papers so it doesn't have the perks but it does have the military now we hav

compare the treatment of clarence thomas, samuel alito, to brett kavanaugh compared ruth bader ginsburg, sonia sotomayor, and elena kagan, it is clear that there is one set andules for a democratic one set of rules for a republican nomination. we should support any nomination by president trump. what do you think? guest: senator graham is donald trump's bis golf partner pete he can give a damn about any nomination whatsoever. host: we have another question that came from one of our social media followers, and i will put this to you. kasich thath john some issues like abortion are dwarfed by the need to remove donald trump from office? god help us if he does. what is your response to that? guest: the need to remove donald trump from office is driven by a fantastic array of recents. they include his continued mishandling of a virus that has killed 200,000 americans. they include the mishandling of the office of the president and turning it into a swamp of corruption, and nepotism. they include his bowing down to foreign dictators and emulating them on our streets. they include the fact th

when it comes to how nominees are treated, citing the bruising battle over justice thomas, justice alito, whose wife left the hearing in tears, and just a kavanaugh. graham telling democrats that republicans plan to move ahead and saying, if the shoe were on the other foot, he would do the shannon: which woman the president may nominate, tony barrett and allison jones. we will talk with britt hume about why some are opposed to people of faith serving on the federal bench. we kick things off with kevin cork with the latest on the president's supreme court plan. what can you tell us? >> reporter: rather than debate the merits of a potential nominee democrats on capitol hill are threatening retribution, punishment and political upheaval if they don't get their way on this but at least so far donald trump is unmoved by the threats. >> i would rather have a vote before the election because there's a lot of work to be done and i would much rather, we have plenty of time to do it. >> time is of the essence for donald trump. 43 days before the election, time to nominate, confirm and see a suprem

alana kagan, and justice alito. her family now paying their respects. her daughter, jane ginsburg. her son james and their families. >> you may be seated. >> this is rabbi lauren holzblatt who will lead the ceremony. half the ginsburg family seated so far. notice the woman in the re red kerchief there in the front row. it was she who dictated her final wish to the public that she be replaced by the president elected on november 3rd. i believe that is justice sotomayor wearing the full face shield there. very small ceremony. there will be a larger memorial in the capitol on friday morning where justice ginsburg will lie in state. the first woman in the united states history to lie in state in the u.s. capitol. rosa parks was given the honor of lying in repose. justice ginsburg will be the first woman to officially lie in state. >> you may be seated. [ spe blessed is god the true judge. [ speaking foreign language ] god has given. god has taken. praise be the name. psalm 23. [ speaking foreign language ] [ singing in foreign language ] ♪ the psalm of david, the lord is my shepherd. i

sam alito, they went after him and smeared him.tice kavanaugh and now, they are starting with judge barrett. i fully expect to the confirmation hearing to be a political circus and i expect the democratic t base demands ad we will see a cory booker spartacus moments. we are already seeing them target judge barrett's young kids which is really despicable. kids should be off-limits on the merits, she's a very strong choice. i'm sure that senate will confirm her and will do so by the end of the month. >> sean: 29 times in presidential years, there's been openings on the supreme court. you discuss this in the column anand i want you to expend what happened historically because all 29 times, the president's nominated people and that would be the norm. >> it that's exactly right and in our country history, 29 times there have been supreme court vacancies during presidential election years. presidents nominate someone, 29 times whether democrats or republican, the president nominates someone. there's a clear historical pattern and precede

i don't know if joe biden remembers that he was on that let the filibuster of justice alito.o know that the democrats today here will continue to remember those lessons and use them against whoever it is that president trump nominates. >> the constitution requires two things to happen. one is the president must make a nomination and number two is the senate must deal with that nomination and eventually approve it. at any time the white house and the senate have been in general political agreements, and i think there have been 29 of those times, and when there is a disagreement that is solved in another way, as a constitutional job to be done here and we intend to do it. another job that we need to be focused on right now that seems to be slipping away from us is the opportunity to have another package on how to get they have been told of several beers over the last several views. and not assume, the hospitals will continue to do their work. the package that we voted on in the senate, the democrats and republicans, there was perfectly dumb like a deal they are. there is that e

this past term, he becomes almost irrelevant because now you'll have ame coney barren barrett, samuel alito, judge gorsuch, and brett kavanaugh. >> he's calling mail-in voting a scam. clearly that's false. how different is it this time now that he's in the white house with the powers of the presidency? forget what he used to say as a private citizen. he's now the president of the united states. >> it's irresponse tobl say as president of the united states. that's why he's been so heavily criticized for what he's saying because president trumps are supposed to tamp down questions about institutions, not inflame questions, and he seems to be working unusually close with the department of justice. not everybody at the department of justice, but certainly with bill barr to raise questions about mail-in voting. look, the president likes to treat everything as if it's leverage for the future and not commit to anything until he absolutely has to. it's fine if you're a private citizen, but it's different if you're the president. >> it certainly is. an important reminder to our viewers, jeffrey toob

justice alito was hostile to the rights of women. it's all one big scam directed at the american people. in 2005, one left-wing outfit cut a television ad that tried to link our now-chief justice of the united states with a violent bombing of an abortion clinic. just how despicable can you get? before this disgusting ad was pulled off the air, it said a future justice john roberts would, quote, excuse violence against other americans. chief justice roberts. every similar time, madam president, no matter how upstanding, no matter how qualified, no matter their views, no matter their record, every nominee gets the same insane treatment so long as the president who nominated them is not a democrat. so long as the president who nominated them is not a democrat. oh, but when democrats nominate people, none of this happens. when we confirmed justice ginsburg and breyer, i don't recall any angry mobs stalking senators. when we confirmed justice sotomayor, i don't recall weeks of character assassination. when we confirmed justice kagan, i do

: i remember it well because i was a spokesperson for john roberts and that nomination and justice alitos well. republicans who are being accused of hypocrisy, we are going to talk to howard kurtz and a little bit about the media pointing out that you said one thing in 2016, part of me feels like the republicans are saying, we are not going to be beholden to that or also if you look at exactly what they said, they are saying that they are consistent. does it matter? >> i think in a perfect world in the world i hope you and i live in one day it does matter. one of the steps of conservatism is consistency. i understand the distinction between having the senate and having the white house and i think that's what they are using as that line of distinction now was that president obama was in a different party than who held control over the senate. i think the better argument is to say that everything has changed. what you did to brett kavanaugh, the fact that you can even bring yourself to vote for john roberts, every one of those names i mentioned, the last four democrat presidential nominees

to happen, but they would be doing is, in short order, getting rid of justices thomas, roberts, and alitoand the only one the liberals would use would be justice breyer who is 82 and could be nearing retirement if biden were to be elected. that is a loser from the conservative perspective, but i like the idea because the supreme court very often acts more like a political institution than a legal one. if they are going to act that way, we might as well treat them more like legislators. >> harris: interesting. meanwhile, joe biden has yet to answer questions on whether he favors packing the supreme court as some democrats have suggested. he's also refusing to release a list of judges he would nominate to replace justice ginsburg, saying they would be subject to unrelenting political attacks. what is your take on all of it? >> i think, for conservatives and republicans, the supreme court is a winning iss issue. right wing or conservative or, at best, originalist justices supportsupport stability in thed i think that's why president trump is happy to tout his list. on the other hand, on the

additions that i'm announcing today would be jurist in the mold, justices clarence thomas and samuel alitoes are as follows. bridget bady of arizona. judge on the ninth circuit court of appeals. daniel cameron of kentucky. attorney general of the commonwealth of kentucky. paul clement of virginia. former solicitor general of the united states. senator tom cotton of arkansas. senator ted cruz of texas. stewart kyle duncan of louisiana. judge on the fifth circuit court of appeals. stephen engle of the district of columbia. assistant attorney general for the office of legal counsel at the department of justice. noel francisco, former solicitor general of the united states. senator josh hawley of missouri. james hoe of texas, judge on the fifth circuit court of appeals gregory katsus, judge on the district of columbia circuit court of appeals. barbara lugoa, the 11th circuit court of appeals. christopher landau, ambassador to mexico. martha packoff of illinois, judge of the district court for the northern district of illinois. peter phipps of pennsylvania. judge on the third circuit court of a

thomas and alito through this every republican conservative is a racist, lovable law. -- blah blah blah. why is it always our people? what i said that day i meant, that i looked everyone in the eye and said i never would have done this to your nominees. i would not have picked soto meyer or kagan but they were qualified. brett kavanaugh is as qualified as anyone nominate to the supreme court and what we were doing to him is unconscionable. and if they had succeeded in driving him away and he had withdrawn who would be next on our side smart what young conservative manner woman would want to throw their hat in the ring go through this? gutter member, the accusations were five, three of them anonymous and two of the three proved to be absolute manufacturers. what happened to dr. ford was real somewhere sometime, but i'm confident that brett kavanaugh had nothing to do with. you were talking about a party in high school that could validate -- where nobody could validate the claim. talk about how may beers he had aile in high school, it was party, not a date and location and just a complete

. >> we saw joan in the room there, eight of her fellow justices, and the spouses of briar, alito, cavanaugh and retired justice kennedy was there and as the chief justice noted 483 majority, concurring, minority and dissenting opinions, but as we look at the perfect image of the sun peeking out behind the high court, her work was not done, joan, right? she wanted to see, for example, an equal right amendment. >> that's right. when he mentioned the 483 opinions, very few of those, frankly, were her majority authorship opinions. she had her notable ones that goes to your question, poppy, about equal rights where she wrote the majority opinion in the virginia military institute case bringing in women to that military school, but her work isn't done, and she expects many people on the scene to carry forward. >> joan biskupic, thank you for being there. this must be a particular moment, thank you for your deep reporting on the late justice. we will be right back. ♪ ♪ this is our chance to put the darkness of the past four years behind us. to end the anger, the insults, the division, the violence

you worked during the confirmations of justices roberts and alito. what comes next for the supreme court? >> well, you know, kenneth, it's hard to say. we have a situation where it's 4-4 on the supreme court. there may be an election contest coming up. so clearly this will change the balance on the supreme court if president trump has the nomination and the senate acts on it here before the new senate is put in place after the election in november. >> and, really quickly, because i assume while you worked as a clerk with neil gorsuch, you had interactions as well with justice ginsburg, correct? >> yes. >> anything that stands out? one little memory that kind of gave you a smile or saddened you even more last night when you heard the news? >> you know, as a law clerk in the supreme court, you get a chance to have lunch with each of the justices. the way it worked is you had coffee in her chambers, tea in her chambers, cupcakes with her. she was a very sharp, very smart woman. this was just a couple of years ago. you know, she was in full possession of

when it comes to how nominees are treated, citing the bruising battle over justice thomas, justice alito, whose wife left the hearing in tears, and just a kavanaugh. graham telling democrats that republicans plan to move ahead and saying, if the shoe were on the other foot, he would do the same. also breaking tonight, clues about which woman the president may nominate later this week. we will talk with our own brit hume about how some on the left are so opposed to people of faith serving on the federal bench. hello and welcome to "fox news @ night," i'm shannon bream in washington. we kick things off with white house correspondent kevin ford with th very latest. >> good evening. rather than debate the merits of a potential nominee, democrats on capitol hill are frankly threatening retribution, punishment and political upheaval if they don't get their way on this. but at least so far, president trump is unmoved by the threats. in fact i would say not by one bit. >> president trump: i would much rather have a vote before the election, because there is a lot of work to be done and i would m

but iran to supreme court confirmations in the bush administration for robert and alito and i was asked by my friend, stephanie, to be publicly supportive and obama administration, there are consequences to presidential elections, the defeat or refusal to give a duly appointed nominee of an incumbent president rendering this appointment illegitimate. we look at this moment right now, this is precisely what james madison wrote about he talked about the danger of parties and majoritarianism. as republicans go out and say listen, we live, screw you, we are in charge now, he didn't say that. you can say listen, we made a mistake, we now realize how important these nominees are so we need to put the conservator on. i guess you could say that. what you cannot say is that is in the liquid. it is the public good. he's endangered the sales and assault minority rights. the democrats represent a majority of the country by popular vote in a presidential election and a majority of the country by popular vote representation in the senate. this is a moment when you look at the divisions in the country

any of them are extraordinary jurists like sam alito or clarence thomas. have senators have their name on the ballot for have a solicitor general. have a assistant attorney general, there is a long history in our government of having supreme court justices who did not come up the ranks of just practicing law and then sitting on the lower courts and then going to the supreme court. i think it would help to have that kind of perspective because one of the most fundamental qualifications for the court is to understand the difference between making the law and applying the law and a comment too often we have a group of nine unelected lawyers who want to make the law in accordance with their preferences and not allow our people by their in congress or the state legislatures through their elected representatives make the law for themselves. >> neil: john roberts zig when everyone expected him to zag and justice kavanaugh at the same time. you are a pretty conservative guy, your views are well known certainly arkansas and throughout the nation. who's to say that

but so was sam alito. some senators, including one who became president, threatened a filibuster.roberts got more grief than one would have expected from somebody that qualified. by contrast, justice photo mayor and justice kagan did not have the same kinds of problems. the process has gotten more difficult over time and certainly there are times when the republican senate has not treated particular nominees and i'm not going to comment on anyone in particular there have been times they have not treated them as you'd want. i have got to tell you i think that the democrats have been harder on republican presidential nominees over time. to your other point about the relationship that my father and justice ginsburg had. they were friends and they were friends for all kinds of reasons. they worked at the same place, have the same job, liked music. they were new yorkers. the other thing they had in common which i think is an important lesson for people today is that they liked to debate. they weren't friends despite their different views. they were friends i think in part because of th

it could come from sam alito.re good arguments that cavanaugh in particular would be reluctant to throughout the whole law, but it is by no means guaranteed. david: is there any question about chief justice roberts? he was the swing vote, but he said it was a tax. greg: right. because the taxes no longer there, it is possible he would this,k, you cannot do this mandate to buy insurance under any other power, and therefore it is unconstitutional. the place where it would be hard to get roberts's vote would be that next step, ok, we have to strike down the entire law. that is something john roberts really does not like to do. we have seen several examples where he severed out the unconstitutional part of a law and left the rest standing. he will be a tough vote for opponents to get in this case. david: give us a sense of the mechanics of it. you said a week after the election. it is some a questionable whether they have someone confirmed then. did they have it without a justice, and what happens if a justice comes?

you know, samuel alito. that made the difference in that election. >> laura: raymond, this year we've had the pandemic. first of all, we had impeachment. we had the impeachment trial that donald trump ultimately won, acquitted. then we had the coronavirus pandemic. all that that entailed with the shut downs, the economic horrible fall-out. the loss of human life. joe biden, the nominee for the democrat. the weird conventions. pitch battles in the streets. riots. now we have a supreme court nomination fight potentially before the end of the year at the very least. how does this rate for political, legal, cultural drama? >> ain't 2020 grant? first of all, our condolences to the ginsberg family. you can see joe biden coming out and saying, wait a minute. the american people should vote on the next president who will offer a nominee nor the senate to vote on. shouldn't be dope before the election. meanwhile, you see mitch mcconnell and his caucus saying we're going to move forward. we will have a vote as soon as

of chief justice john roberts and samuel alito. the court shifted more to the right because of them. and she was, already, before this administration, inching more and more to the left. but i think you touched on so many of the administration policies that were being tested at the supreme court, she really did have to plant her flag to the far left, in a way that she just wasn't open to compromise on -- on the kind of policies he had. she was, often, by herself or with justice sotomayor on the far left. not like justice steven briar and kagen. so i think there was a bit of a reaction to what was happening with the court majority. and when i think back to what mitch mcconnell said in february of 2016, right after antonin scalia's death. and he said, that very night that we all learned about his death, that he was not going to help move any nominee of barack obama. and he ended up getting his way, even though so many people thought it was so surprising that, just in the moments we had heard about justice scalia's death, he was alread