supreme court justice just in kennedy son of former justice anthony kennedy was a division head and contact for donald trump at deutsche bank kennedy was close to the then future president at the same time that he was lending money to mr trump now the optics of this are horrible for deutsche bank so bad that author and political scientist norman ornstein tweeted yesterday if i were door to bank executives who gave loans to trump when no one else would including anthony get the sun i would be very very nervous right now. our atlas speak with a man who voice that opinion norman ornstein joins me he's a political scientist at the american enterprise institute he's also an author and editor at the atlantic it's good to have you on the day mr ornstein so do you think georgia bake executives do they have something to high. we don't know what they have to hide but as you say the optics are terrible but it's more than just the optics we know from these tax returns that donald trump was in dire financial shape had very few assets and deep deep liabilities was concealing information about those asset

supreme court justice just in kennedy son of former justice anthony kennedy was a division head and contact for donald trump at deutsche bank kennedy was close to the then future president at the same time that he was lending money to mr trump now the objects of this are horrible for deutsche bank so bad that author and political scientist norman ornstein tweeted yesterday if i were door to bank executives who gave loans to draw when no one else would including anthony get the son i would be very very nervous right now. arliss speak with the man who voice that opinion norman ornstein joins me he's a political scientist at the american enterprise institute he's also an author and editor at the atlantic it's good to have you on the day mr ornstein so do you think georgia baking executives do they have something to high. we don't know what they have to hide but as you say the optics are terrible but it's more than just the optics we know from these tax returns that donald trump was in dire financial shape had very few assets and deep deep liabilities was concealing information about those asse

supreme court justice just in kennedy son of former justice anthony kennedy was a division head and contact for donald trump at deutsche bank kennedy was close to the then future president at the same time that he was lending money to mr trump now the objects of this are horrible for deutsche bank so bad that author and political scientist norman ornstein tweeted yesterday if i were door to bank executives who gave loans to trump when no one else would including anthony get the sun i would be very very nervous right now. arliss speak with the man who voice that opinion norman ornstein joins me he's a political scientist at the american enterprise institute he's also an author and editor at the atlantic it's good to have you on the day mr ornstein so do you think georgia baking executives do they have something to high. we don't know what they have to hide but as you say the optics are terrible but it's more than just the optics we know from these tax returns that donald trump was in dire financial shape had very few assets and deep deep liabilities was concealing information about those ass

president of one left wing group insisted he was sexist and disaster for women that would be anthony kennedy. once again, the skies do not fall. when justice kennedy retired in 2008, the new head of the same liberal organization stated they were alarmed by his retirement. the same said the sky was falling in the 80s because justice kennedy was nominated. the sky was falling in 82018 because he was retiring. in1990, the got them back togetr again. this time the sky was falling will sure president bush picked someone whose record was very troubling. this prudence would surely threaten to undo advances made by women, minorities and other disadvantaged groups. this would mean ending freedom for women in this country. talk about wearing out the volume was future justice, dav david, by the way. one simply said, listen to this, scott, stop that or women will die sooner or women will die. he would go on to become a favorite justice of the same groups. it has still never occurred to them their crystal balls checked. the same unhinged out every time scare tactics, every single time. these people are t

anthony kennedy i disagree with on a whole range of issues, but he was definitely more moderate than robert work. -- robert bork. my old boss, chuck schumer, in the mid-2000 see john -- he talked with john cornyn and brought up chuck schumer's role in blocking appointments under bush. heeone named miguel estrada, was nominated for the d.c. circuit court. chuck schumer worked to stop his nomination. it is a fair point that there have been efforts on both sides to filibuster and block nominees. i would argue that under barack obama's presidency got taken to new levels. literally the reason donald trump has had so many vacancies to fill -- we've talked about how he has gotten more than 200 judges on the federal bench. the reason that was made possible is because he hit -- he inherited. that is not because barack obama did not prioritize judicial nominations, it is because mitch mcconnell made a point of not filling those seats. senate,y took over the --ublicans did not [indiscernible] to exercisesenators their ability to block. he saw judgeships in the rightist states of the country tha

. >> anthony kennedy. >> the people in that room were the people that are going to be doing the worknot just a building level so you can come in and hand out the money but we know that our spirit had been hurt. the vice president spoke to us in spirit and hope. the president he lacks empathy and i think that's the difference. i was able to see someone who saw our pain and knew we didn't need a big event and it is interesting. the last two times i was able to sit and be at peace was when i met with senator baldwin at the jockey headquarters and today when i met at the church with vice president joe biden. no cell phones going off and none of these e-mails and no fires to put out. that's restorative to the soul. >> of course the president is going to mock the masks and he thinks masks are weakness and he thinks the pandemic is a joke and social distancing is a joke to him. i will tell you what he said is not a joke. you crazy black and you cookie white allies running around burning up your community is a problem. no such thing of systematic inequalities, whatever it means. a few apples

take their demand for equity in the system and use it for their own evil purposes. >> alderman anthony kennedy i'm making the case because that is the case being made against you. but my heart and my head are with the community. and i wish you -- >> i appreciate what you do >> i wish you some healing. we will not forget what happens with these cases. we will stay and we will watch. and thank god jacob blake is alive. we'll let the facts fall where they do and the analysis but we still stay on the story. >> that's all i've been saying, sir. the facts are going to fall where they're at. meanwhile we have to build some capacity in our communities so that this happened, this event happened. how do we build capacity and put trust back into the system? how do we -- we'll still have to live together. and we're having very difficult conversations about race in kenosha. that is good. that is a very good thing. because the black community in kenosha is not monolithic. it is not one viewpoint of all black people in kenosha. we tried. we had a meeting and couldn't come to consensus. i'm joking. but i thin

she's 48 and was on a short list to replace justice anthony kennedy when he retired in 2018. progressives worry her stance on abortion is a stark contrast to ginsburg's. another front-runner is 11th circuit court judge barbara lagoa from miami, both recently appointed to those courts by president trump. a rush to field ginsburg's open seats puts pressure on senator susan collins from maine who tweeted this afternoon she does not support a rush to replace justice ruth bader ginsburg. a decision on a lifetime appointment to the supreme court should be made by the president elected on november 3rd. collins, along with colorado senator cory gardner and arizona senator mcsally are currently behind in their races and could lose their seats if they're forced to confirm an ultra conservative supreme court nominee. other vulnerable senators include north carolina's tom tillis who seems comfortable moving ahead. >> the timing is up to the president. i intend to vote for the nominee. >> reporter: and south carolina senator lindsey graham, who is in a dead heat race against his challenge

the president considered her to replace justice anthony kennedy in 2018. she also clerked for the late justice antonin scalia. >> his judicial philosophy is mine, too. a judge must apply the law as written. judges are not policy makers, and they must be resolute in setting aside any policy views they might hold. >> reporter: the decision was instantly cheered among many religious conservatives and activists who support barrett's antiabortion views do you want to see "roe v. wade" overturned? >> you know, what we want is to restore the rights guaranteed in th democratic process to people in states to pass laws that reflect the will of the states. i don't know what that will look like. >> reporter: liberal groups braced for a fight. >> most americans support "roe v. wade." they support reproductive freedom. >> reporter: the president has indicated he wants his nominee confirmed before the november election. republican leaders plan to push forward with the timetable, despite democrats' objections. >> she's been vetted in a previous appointment, so that shorte

inside the court's eight remains members and retired justice anthony kennedy gathered with members of her family and friends to hear prayers from rabbi lauren holzbla whose husband was a ginsburg clerk. >> from generations to generations we promise to carry forward your legacy may you rest under the wings of the -- knowing that you have tirelessly served us and this great country. >> reporter: chief justice john roberts called justice ginsburg tough and brave, and said she wanted to be on opera singer but instead became a rock star. >> she was not an opera star but she found a stage right behind me in our courtroom. there she won famous victories that helped move our nation closer to equal justice under law. to the extent that women are now a majority in law schools, not simply a handful. >> reporter: then an accommodation forced by the pandemic her casket was brought back outside under the court's massive portico. so that hundreds who waited in line could file past, including mothers with daughters. and members of congress, former president bill clinton who nominated her for the supr

she's 48 and was on a short list to replace justice anthony kennedy when he retired in 2018. progressives worry her stance on abortion is a stark contrast to ginsburg's. another front-runner to replace the late justice is 11th circuit court judge barbara logoa from miami. a rush to fill ginsburg's open seat puts lot ofs of pressure. susan collins. tweeted she does not support a decision to. collins along with colorado senator cory gardner and arizona senator martha mcsally are currently behind in their races and could lose their seats if they're forced to confirm an ultra conservative supreme court nominee. other vulnerable senators include north carolina's thom tillis, who seems comfortable moving ahead. >> the timing's up to the president. i intend to vote for the nominee. >> reporter: and south a dead h race against his challenger and who famously criticized his own party when they held up president barack obama's nomination of judge merrick garland. >> if there's a republican president in 2016 and a vacancy occurs in the last year of the first term, you can say lindsey gr

. >> president trump considered nominating barrett when justice anthony kennedy retired in 2018. 52-year-old lagoa is a first generation cuban american from the critical battleground state of florida. >> my family fled from a totalitarian reason where the whim of the dictator could determine what the law was. >> lagoa has a longer judicial record than barrett and she was confirmed to the court of appeals with bipartisan support. >> now it says the president is supposed to fill the seat. >> the supreme court vacancy has lead to a new rallying cry during campaign events. over the weekend mr. trump also boasted about his response to the coronavirus. >> somebody said, "what grade would you gave yourself?" i said a-plus. >> today the u.s. death toll is about to cross over 200,000, with california becoming the fourth state to surpass 15,000. president trump claimed again his administration may deliver a safe and effective covid-19 vaccine in a matter of weeks but his own health experts have said it won't be widely available until late summer or fall of 2021. tonight cbs news has learned that when

all her colleagues and former justice anthony kennedy gath tditial on rorter: then chief justice john roberts spoke briefly and simply of his longtime colleague and unlikely pop icon, "the notorious rbg." >> it has been said that ruth wanted to become an opera virtuoso, but she became a rock star instead. >> reporter: the chief justice speaking for the court and the country. >> of course she will live on in what she did to improve the law and the lives of all of us. and yet, still, ruth is gone and we grieve. >> reporter: then the casket was carried outside, to the top of those long stairs, for the public to pay their final respects. former president bill clinton, who appointed ginsburg to the court, along with hillary clinton, who encouraged him to make that nomination, joining the mourners. across the street, in the capitol, the battle over ginsburg's replacement is raging, with republicans all be certain to seat a new trump justice before the election. senate minority leader chuck schumer lashing out at them. >> they are fighting to reverse judge ginsburg's legacy, not honor it. al

seven was an early front-runner, especially after the president considered her to replace justice anthony kennedy18. barrett clerked for conservative icon justice antonin scalia and became a favorite among religious groups for her antiabortion views. this week, barrett made two trips to the white house and met with president trump. he's pushing congress to confirm her before election day, arguing a full court could be needed to rule on the results. >> it's going to be a fantastic night, november 3. now, i don't know, you know, with this ballot situation. >> reporter: mr. trump says he may not accept the results of the race if voters mail in their ballots, despite his own f.b.i. director christopher wray saying there is no evidence of fraudulent voting by mail. white house chief of staff mark meadows doubted wray's competence. >> with all due respect to director wray, he has a hard time finding e-mail at his own f.b.i., let alone figuring out whether there's any kind of voter fraud. >> reporter: meadows also suggested some mail-in ballots should not count. >> should we allow votes to come in and b

decades, the last, the court has been divided on social issues like abortion to the extent that anthony kennedys, has provided the fifth vote for the four liberals would meet liberal vote, the liberals wouldn't have a fifth vote for any of those results. particularly, on issue of abortion, and gun rights, the supreme court, the conservative justices, i think i have been anxious to take on a second amendment case that weren't sure how the chief justice juroberts. perhaps expand gun rights. >> i think i jumped past your deing scription of letting the viewers know who allison rushing s. >> she is the youngest, of the ones discussed in the last 24 hours, 38 years old. she was nominated and confirmed to the u.s. court of appeals. he faced questions, when she was asking about her ties to alliance defending freedom. comments on same sex marriage, she would the democrats would have requests broughter process, it wasn't just be questions about the qualifies or the stands of the nominees, there is obviously, the crowder issue lurking over this nomination process, whether or not the president should be fi

could more or less speak in broad terms say this was a conservative replacing a conservative when anthony kennedy was replaced by brett kavanaugh you could say we had a conservative leaning justice with a lot of libertarian instincts being replaced by conservatives here we are talking about a liberal icon who did lead a remarkable life and an incredible legacy being replaced by a conservative and we haven't seen that i don't think since thurgood marshall was replaced by clarence thomas and it will certainly be a very contentious confirmation process for the headlines peru's president survived an impeachment vote in congress smart in his car had been the qs of corruption but he denies interfering in an investigation into government contracts awarded to a musician friend of his a trio of european countries opposing i suppose a 20 deadline to reimpose sanctions on iran the u.s. triggered a 30 day process at the security council last month pressing for a return of sanctions but the u.s. quit the deal in 2018 and so britain france and germany say that means any u.s. action now would not have any legal

could more or less speak in broad terms say this was a conservative replacing a conservative when anthony kennedy was replaced by brett kavanaugh you could say we had a conservative leaning justice with a lot of libertarian instincts being replaced by conservatives here we are talking about a liberal icon who did lead a remarkable life and an incredible legacy being replaced by a conservative and we haven't seen that i don't think since thurgood marshall was replaced by clarence thomas and it will certainly be a very contentious confirmation process one of the words of course that keeps coming up when we're dealing with this subject is the balance the perceived balance of the supreme court doesn't republican nominee have an extra responsibility to show that he or she is acting independently and on a case by case basis rather than simply following an ideology or following politics . i don't know why a republican would have a need to do that any more than a democrat my feeling is that all people who are p. considered for a life tenure positions on the federal bench ought to make that promise in fac

it's anthony kennedy, republican appointee, taking it for granted too many years, now the capstone ofrepublicans and the federal society embarking on to steal the supreme court. about to pull it off and i think democrats, democratic voters are finally saying enough, poll after poll shows that joe biden and supreme court appointments over donald trump. i think the potential for republicans to experience, quite high. >> thank you so much. i appreciate it. we'll be right back. (groans) hmph... (food grunting menacingly) when the food you love doesn't love you back, stay smooth and fight heartburn fast with tums smoothies. ♪ tum tum-tum tum tums so when it comes to screening for colon cancer, don't wait. because when caught early, it's more treatable. i'm cologuard. i'm noninvasive and detect altered dna in your stool to find 92% of colon cancers even in early stages. tell me more. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your prescriber if cologuard is right for you. i'm on it. that's a step in the right d

she was in the running to replace anthony kennedy. but the president nominated justice kavanaugh.nt said he will select a woman and announce his pick next week. ginsburg affectionately known as rbg. she was the second woman to serve on america's highest court. she died friday at the age of 87. i'm lauren blanchard. now back to justice are judge jeanine. sean hannity, host of "hannity" and author of "live free or die." sean, great to have you on the show. sean: i read your book cover to cover. i'll show you my copy. it's highlighted he where. you being you and laying out great strong powerful arguments. we are lied to about the deep state and we were lied to about covid. where was joe biden hiding in his bunker worried that china would get annoyed with us over the president's travel ban. he was saying that all through march when the president was putting in the first quarantine, subsequent travel bands. and by the time we get to november, we are going to have a vaccine by every indication that we now see which is great news to everybody. could beverybody. congrats on your book. you

that is how we ended up with anthony kennedy. if they do the bidding process, it does take a wild. to do that in 40 days or so it depends how quickly donald trump wants to move even though he put up a list of potential nominees. shannon: some of the nominees on his list including the old and new list, he met with them before they went through this process last time around, brett kavanaugh -- we will see if that impact so republicans hold to gather the vote with the issue of filibuster. >> it will be a question if they have the votes. the math is very important. the breakdown in the senate is 53 republicans, 47 senators who caucus with democrats and they can only lose two, getting down to 50, 51. if you lose another when you have a tie, you could have mike pence trying to break a tie, that has never happened with the supreme court nomination to confirm someone. as it pertains to a filibuster this is very important, we never technically had a filibuster of the supreme court nominee. fortis was already on the supreme court in 1960s when they wanted to elevate him to chief justice of t

could more or less speak in broad terms say this was a conservative replacing a conservative when anthony kennedy was replaced by brett kavanaugh you could say we had a conservative leaning justice with a lot of libertarian instincts being replaced by conservatives here we are talking about a liberal icon who did lead a remarkable life and an incredible legacy being replaced by a conservative and we haven't seen that i don't think since thurgood marshall was replaced by clarence thomas and it will certainly be a very contentious confirmation process. on to other news and president has survived an impeachment vote that's taken place in congress to have been accused of corruption but he denies interfering in an investigation into government contracts awarded to a musician who is a friend of. his is in lima with the latest from the congress has indeed been rejected the impeachment but now many questions begin to rise how is it possible that only last week just one week ago the opposition congress passed a majority of them passed a motion to impeach the president and now they voted against it so what

could more or less speak in broad terms say this was a conservative replacing a conservative when anthony kennedy was replaced by brett kavanaugh you could say we had a conservative leaning justice with a lot of libertarian instincts being replaced by conservatives here we are talking about a liberal icon who did lead a remarkable life and an incredible legacy being replaced by a conservative and we haven't seen that i don't think since thurgood marshall was replaced by clarence thomas and it will certainly be a very contentious confirmation process so as you hear there the compositional of the supreme court now becomes a bigger election issue with the vote just 6 weeks away voting began actually in 4 states on friday over genia south dakota wyoming and minnesota where both president trump and joe biden the fighting for the votes john hendren has been for many outlets. from the shores of its 10000 lakes minnesota looks to serene to be a battleground but joe biden and donald trump are treating it like one billionaires in america are doing is trying to make a major 300 $1000000000.00 if you're a bu

in fact, it is said that she was really the finalist for the seat of anthony kennedy which was ultimatelyd by brett kavanaugh. so she's been discussed and vetted for several years now as someone that could be the next supreme court pick by this president and then you have of course barbara lagoa, the other potential judge who is really a rival to this debate, who appeared on president trump's most recent list, just two weeks ago. what we need to know about amy coney barrett is really that she's a former supreme court law clerk to ant anybod antonin scaa professor at notre dame law school where she was teacher of the year three times. in terms of her judicial record, she has been on the court since 2017, she has major rulings that i think would teach where she stands when it comes to how to interpret the constitution. in particular, there's a case called cantor versus barr which interpreted and applied the second amendment's right to keep and bear arms, in that case judge coney barrett concluded that the second amendment protects people who have been convicted of crimes and they have the r

douglas ginsberg was nominated and he had to withdrawal and that's how you end wound up with anthony kennedy. it takes a while and they can get it an it done in 40 days or. >> shannon: yeah, we know that some of the people who are nominees on his list including the old and now the new list, he's met with them before and they've gone through the process last time around with cavanaugh and the vetting process. so, listen, can republicans hold together the photos and can they get enough votes and what about the filibuster? >> it will be a question if they have the votes and as i say, the math is very important and right now, right now the senate is 53 republicans, 47 senators who caucus with the democrats and they can only lose two and gets down to 50-51 and if you lose another one you have a tie, you cannot vice president pence trying to break the tie and that's never happened with the supreme court nomination. i mean, that would be pretty amazing. as it pertains to a filibuster, this is very important, you never technically had a filibuster of a supreme court nominee. he was already on the su

really -- and you addressed this in the "post" today, it really places the chief justice in the anthony kennedyition which he's been doing more and more recently. speak to this through the eyes of john roberts. >> well, you know in 2016, after scalia died, we all thought, okay, this means that chief justice roberts' power is distinguished because there will be a liberal majority on the court, of course that didn't happen. as we've been talking about this morning because of the republican senate. instead, roberts became publicly the most influential and powerful chief justice in decades. now, we face that sort of prospect again, that his power will be englishediminished. his power comes from having four justices who are more conservative than he is and four justices that are more liberal than he is. putting him in that central position. with the court shifting with more conservativconservatives, move the center the court somewhere else. not to bt althouroberts. >> those of us who remember hanging chads, and certainly, the cnn audience does, that the situation that we're discussing shore conseque

and anthony kennedy went to the court instead. justice kennedy was a very nice man, but he then spent decades disappointing the voters who put reagan in office. but conservatives soldiered on within the constitutional framework, and we were told we had to get control of our own party and then win at the ballot box to affect change at the court. well, that's what we did. and we did it with trump's victory in 2016. and now that we have a chance to put a fifth judicial conservative on the court, i no longer count roberts as one, democrats are threatening to blow up the entire system. hence the title of "the angle." riot at the court. they claim that if they win the senate, they will pack the court by adding new justices, expanding it, something that hasn't been threatened and tried since 1937 what fdr tried and failed to mold court in his favor. >> let this moment radicalize you. if mitch mcconnell is not going to honor rbg's final wish, we will. >> democrats are saying that we will pack the courts. what would the impact be? >> you'v

this came up with anthony kennedy, a favorite of the conservative right, younger midwest, very promising pick among conservative movement leaders you talk about and again, used that phrase, what is the name for that? the power of replacing ruth bader ginsburg with a woman, a small sign how excited conservatives are about it and democrats too expect that is their odds-on favorite, the notorious are bg - the nickname she embraced, enjoyed on twitter. it is a sign of what is inside the minds, there is -- on his mind all the time. that is what they are pointing for and ready to move forward. leland: there will be a few more nuggets. we are sharing your insights. all our we will continue to talk about the politics of this as we just did but also remember justice ginsburg as a justice and a human being, a good friend of justice scalia, two people who could not be farther apart ideologically, but couldn't have been closer in terms of friends. as we go to break we will read this tweet from david french. i hope and pray the passing of justice scalia and justice ginsburg don't herald the end of an

in other words, are you trying to seduce these justices to be a little bit more like anthony kennedy and less like kavanaugh, or were they going to vote the way they were going to vote, anyway? >> i think the notion that the democrats need with amy barrett is going to matter one whit when she's a supreme court justice is just wrong. with i talk with noah about clicking with her, i think of a fancy elite club rather than thinking about what amy barrett is actually going to do as a supreme court justice. to me the question is what impact is she going to have? we know a lot about her record. she has expressed interest in restricting reproductive rights, overturning the affordable care act. when you buy into the full conservative, quite radical, judicial agenda, you're talking about fundamentally changing the role of american government. i would be interested in noah's thoughts about why he disagrees with her, because i think outlining those constitutional issues is what's really crucial here. >> so we will talk about exactly that when we come back. i'm going to ask both of you whether r

ability to confirm a justice of his own choice. 2018, if trump and others did not lean on justice anthony kennedy, to get kennedy to leave the course in favor of justice cavanagh, and then finally if the republicans had not taken such an aggressive position this month says a justice has to be appointed immediately and rushed through before the election. if those three things had not happened, trump may have had zero supreme court justices rather than three. >> i will go to my grave believing that without an actual supreme court seat, he does not win the first time. i always believed there was skeptical voters that only came to him at the end because of the open supreme court seat. if scalia was still alive, i don't know if he wins. >> yes, it does, this is why you must love being a historian. >> most days, but not all of them. >> i hear you. >> thank you, michael, and all of my colleagues there. it is becoming even more clear how president trump is using the machinery of the government in an attempt to benefit his campaign and to cast doubts on the legitimacy of the election. that being extraordi

court of the 7th circuit, and her name first came up back in 2017 upon the retirement of justice anthony kennedyremember, she was being considered as a potential replacement. ultimate ly brett kavanaugh was chosen in part because it was believed that getting her confirmed would be difficult. she's been an outspoken opponent of abortion, something democrats will likely latch onto and attack. of course, we should point out that sources have told us that the president is fond of her, that he remained on -- rather, she remained on his mind after he met with her back in 2017. specifically, as a potential replacement for rbg. again, she will likely be a difficult confirmation, but given the current political climate, it's unlikely this is going to be easy for anyone the president nominates. >> boris sanchez, thanks. >>> there was a sudden supreme court vacancy. president obama was the president. it was an election. and the prominent gop voices were adamant it was time to slow down, to not rush to fill the vacancy, that the american people should choose at the voting booth. listen to some of the republ

so, she doesn't actually have sort of the way a sandra day owe con o'connor or anthony kennedy does a large body of opinions to point to. but we remember her dissents. ariane talked about dissents as trying to serve two different goals. one of them was to speak to other branches of the government in the hope it would spur them to act when the court hadn't. there was a case called leadbetter versus goodyear tire back in the 2000s. argued that it involved a woman who had been a victim of zrim and the supreme court said you brought your case too late, even though you doesn't know at the time that you were the victim of gender discrimination at go goodyear tire. so the supreme court ruled against her, and congress, it was one of the first bills passed in the obama legislation, one of the first laws that obama signed once he became president, passed a law to address that problem. the other thing she talked about with dissents was serving a future wall. the voting rights case that aria nechlt ta ne talked about. >> amy, it's a wonderful obituary that you wrote. it also ends with a very poig

trump'swas one of supreme court finalists in 2018 when he replaced anthony kennedy. get more from our government congressional leadership reporter emily wilkins. what do we know about this judge and the timeline of when the vote could finally happened? emily: the timeline is a little bit up in the air, although it seems very likely it is going to happen before the end of the year. the question is will the vote come before or after election day? trump said today he wants a supreme court pick before november 3. he thinks it is going to be a net positive for republicans. however, it remains to be seen a little bit. there are some lawmakers out there, republicans who are in very difficult races that are representing states that lean heavily democratic. if they take this vote, that might mean democrats wind up with control of the senate next year. impactin terms of the potentially this nomination and the filling of the supreme court vacancy could have on the coronavirus stimulus bill, i am wondering the implications of that. i want to point out we are now looking at life

her name came up previously after the retirement of justice anthony kennedy, and the president met with her back in 2017. ultimately deciding to nominate brett cavanaugh, who wound up being confirmed to the supreme court. it was believed that because of her stats on abortion it would be very difficult to confirm her, that democrats would latch onto her stance on roe v. wade and attack her. ultimately, her meeting with the president remained on trump's mind, specifically as a potential replacement for ruth bader ginsburg. as you noted, officials at the white house saying that the president could meet with nominees as early as next week, no matter who he picks it will certainly be a difficult confirmation process moving forward given the current political climate. >> boris sanchez at the white house. thank you so much. >>> so as message of mourning and support flood in from across the country, people in washington, d.c. are gathering on the u.s. supreme court plaza and steps there to pay their respects to the late justice ginsburg. suzanne, this is reminding me of the mountain of flowers

. >> neil: jim, as soon as you mentioned justice roberts, he's like the anthony kennedy vote, a swinge, there's less to swing. what changes dynamics-wise? >> the assumption that there's a relatively conservative jurist that makes it 6-3, the cohesiveness of the court behind closed doors becomes a little less important. you have a pretty significant majority vote there if they're tacking the line conservatively. neil, what you seen over time, a lot of fairly conservative jurists will be hard to predict. i'm not sure that is a bad thing. if they're judging cases on the merits of the case instead of some political predisposition, they should be unpredictable. maybe justice roberts falls into that category of trying to resolve the dispute. 6-3 conservative appointees is a significant majority for the run of the mill cases to go through the supreme court. >> neil: do you think we'll have a nominee by election -- in other words, a confirmation approval by election day? >> sounds like we'll have a nominee by saturday, right? on the approval? look, there's an awful lot of street theater. if w

in other words, are you trying to seduce these justices to be a little more like anthony kennedy and a little less like ckavanauh or are they going to vote the weigh they want to vote? >> i think the issue of whether democrats meet with amy coney barrett when she's a supreme court is just wrong. when i hear noah talk about cooking with her it's like someone defend a member of a very fancy elite club rather than think about what amy coney barrett is actually going to do as a supreme court justice. so, to me, the question is what impact is she going to have? we actually know a lot about her record. she has expressed interest in restricting reproductive rights, in potentially overturning the affordable care act and really when you buy into the full conservative, quite radical judicial agenda, you're also talking about fundamentally changing the role of american government. so, i'd be interested in noah's thoughts why he disagrees with her because i think outlining those constitutional issues is what's really crucial here. >> all right. so, we are going to talk about exactly that when we

judge on the seventh district appeals court and her name first came up back in 2017 after justice anthony kennedy decided to retire. the president meeting with her at that time. she, of course, is an outspoken opponent of abortion and roe v. wade. she's been very critical of it in the past. the white house believed at the time that democrats would latch onto it and attack her for it. it's part of the reason that brett kavanaugh was ultimately chosen to be nominated to replace kennedy. he was confirmed, but according to sources, his meeting with amy coney barrett stayed on the president's mind and he had her in mind specifically for this moment if something were to happen to ruth bader ginsburg where he would have to name a replacement, she was the person who the president was focused on. of course, there's several other names out there that the president is considering, and no matter who he picks, given the political climate, this will be a very difficult confirmation process moving forward, fred. >> to say the least. boris sanchez at the white house, thank you so much. >>> so with the president

judge barrett was long considered the front-runner after making the short list to replace justice anthony kennedyho retired in 2018. last night at a rally in virginia the president underscored the sig tans of this upcoming announcement. president trump: they say the biggest thing you can do is the appointment of judges, especially the appointment of supreme occur justices. that is the single biggest thing a president can do. [applause] because it sets the tone of the country for 40 years, 50 years a long time. so we'll be announcing somebody freight great. arthel: we have team fox coverage. congressional correspondent chad pergram is on capitol hill. first we go to chief white house correspondent john roberts on the north lawn. hey, john. reporter: this announcement the president will make this afternoon, i will eat my hat if it is not amy coney barrett. not only appointing a associate justice to the supreme court, idealogically going to flip a seat. the president met earlier this seat on monday with amy coney barrett. the second time the two met, as you point out she was a finalist for the kenne

when anthony kennedy retired and was replaced by brett kavanaugh, again, not a real change in ideology. maybe a bit of a change to the right but not something. here you've got one of the most, you know, celebrated liberal lions on the supreme court to have ever served, ruth bader ginsburg. it's not even been ten days -- it's been about ten days since she passed away, and trump is trying to jam a nominee through in, you know, the handful of days before the election who is, you know, by trump's own account and by the republicans' own account fundamentally different than ruth bader ginsburg. some of the republican senators like josh hawley have said i won't even entertain the possibility of confirming someone who's not strongly opposed to roe v. wade. he's absolutely fine with this nominee, and that's because, you know, substantively there's a dramatic difference. and, look, maybe there's a case to be made if the president had an electoral mandate to try and change the composition of the court in such a fundamental way. but that's a case to be made in january if he can really, truly win t

turned liberal day with barack obama and what sandra day o'connor did with bush and that is what anthony kennedyid with trump but ruth bader ginsburg was 81 and 82 and coming off some bouts of ill health and she could have retired in 2013 although many people urged in 2014 and obama had a majority in the senate and would've made a very rapid appointment and she would've been praised as her legacy and we would not be here. i think she kept on because she felt that her health improved and hillary clinton was a sure winner in 2016 or maybe she could persist until 2020 or 24 but final thought is this isn't the end of anything because the democrats have a very strange propensity that they are much more effective at flipping justices when they are in or on the court than they are stopping a confirmation and by that i mean going back to earl warren or william brennan or john paul stevens or harry blackmun or david souter, once a republican conservative gets on that bench may be justice roberts confirms that in some ways, maybe it's the oxygen of washington or the cultural pressures of that city were th

>> her friends and family and of course we see all the justices and retired justice anthony kennedy. so all -- it looks like based on what we're seeing here, all 8 of the sitting justices, some with their spouses are here. >> several ways that this is different is justices are wearing masks that's difficult to make out everybody's identity as they move into the room here. but i believe -- >> again, if you think about the aging justices on the supreme court, social distancing and masks is crucial. and this is for some, you know, they haven't been going into the building. they have been having their arguments by telephone since the spring. a moment that they're all now gathered together. this may be the first time, certainly, that i'm aware of. >> they have been back together. >> is it correct? my understanding is that when the public comes to pay respects over the next couple of days, the justices law clerks will continue to stand by the casket; is that correct? >> that's very much bound by tradition. the members of the public will be required to socially distance and wear masks, all

she was on the list to replier anthony kennedy in 2018. barrett svelted and of known quantity giving her sitting on the bench. chicago thought she performed well and defend her views that her religious beliefs as a catholic would color her legal judgment. two others are on the list. barbara lagoa is on the sir caught court of appeals for the 11th district based in georgia. the other is for the sixth circuit in senate, amul thapar. joining me to talk about this, jacqueline alemany and "new york times" reporter jeremy peters. it's great to have both of you so early this morning on our premiere edition of "way too early." jackie, let me start with you to set the stage here in terms of what your reporting is or under amy coney barrett as the emerging front-runner. what are the dynamics around her specifically but also between the white house and the senate in terms of who prefers her. >> hey, kasie, well welcome to the 5:00 a.m. club. congrats on the new show. as you rightfully and notably noticed out, amy coney barrett was on the list the las

. >> the momentum did not stop there when moderate republican and long-time jurist anthony kennedy retiredve u.s. appellate judge brett kavanaugh to try to swing the court further to the right, but he was not expecting this. >> federal investigators will now be looking into a matter connected with federal judge brett kavanaugh's u.s. supreme court nomination. >> started off rather predictably, but then a woman by the name of christine blasey ford came forward. >> i told leader mcconnell and others i would not vote unless we heard from dr. ford. >> i believed he was going to rape me. i tried to yell for help. >> former senator jeff flake. >> i think he acted as i would have acted had i felt i was unjustly confused. >> i'm here today to tell the truth. i have never sexually assaulted anyone. >> down the street at the white house, trump fired off a shot of his own. >> this is a big con job and schumer and his buddies are all in there laughing, how they fooled you all. >> following a week-long investigation that critics of kavanaugh thought was too brief. >> charade. >> sham. >> bullies. >> we

. >> ronald reagan apointed in 1988, an election year, anthony kennedy. so that's just the fiction.re here and republicans want to say they didn't believe what they said in 2016 and that is just rank hypocrisy but the truth is, ali, that merrick garland and neil gorsuch also on the d.c. circuit court and not a dime's worth of ideological difference between them. i'll pick up on the attorney general's point in the last segment. the court, look at the court and the behavior of the court itself particularly ruth bader ginsburg who was friends with everyone on the court and while they had arguments, reasoning for disagreeing they remained friends and look at the congress, look what's happened to the american people, can't be friends, the president to represent red states and not blue states. the american people ought to model themself after the supreme court and we can have vigorous, intellectual disagreements about issues but we have to remain americans. >> you have to fight back against the nonsense you current be friends. i'll get twitter messages but who cares? >> right. >> you know

. >> he has sort of replaced anthony kennedy as the justice in the middle of the court. so over the last two terms in cases involving the census, daca, abortion, he was the justice who joined the court's former liberal justices, including ruth bader ginsburg in reaching what conservatives regarded as the liberal result. so that would make his vote significantly -- would push the court to the right if, as expected, the president appoints and the senate confirms a justice who would be to his right. so it wouldn't matter real he how the chief justice votes if there were five justices to his right to vote for the more conservative position. whoever the president nominates, the judges that were talked about, 48, 52 and 38. that justice if nominated and confirmed, would be on the court for probably the next three decades. >> wee got up on the screen right now a quota cording to justice ginsburg's granddaughter. my most fervent wish is i will not be replace until a new president is installed. i want to play what justice ginsburg said in 2016 during the fight over merritt garlan

between the nomination of a supreme court justice and the hearings beginning in the case of justice anthony kennedytook four days, john paul stephen, ten days, 12 for lewis powell, 12 for associate justice william rehnquist and so wanted down the line. amy coney barrett, if the hearing began october 12 which is the target date, it will be 16 days, not exactly what you will call a rush job. lindsey graham was on sunday morning futures with maria bartiromo this morning and indicated that the drum report into the origins of the russia investigation from four years ago, that report is not going to come out before election day. listen. >> we found in the last two or three days that the russian sub source was actually suspected by the fbi of being a russian spy all the way back to 2009, they never told the fisa court that, i will be shocked if nobody is charged with the crime that the fbi, the department of justice for misleading the fisa court, that is a breach of duty by the oj in the fbi of the court, i will be shocked if nobody is charged with a crime and defrauding the court. jon: there pretty distu

and republicans have been disappointed in the past by anthony kennedy, by david souter, by republicansse views on social issues were less well-known, who turn out to be moderates. >> we have some live pictures, jeffrey, here. we want to show people, this is from the washington, d.c. area, i believe. there are protesters near lindsey graham's home there, obviously. we've played sound of -- we've played sound before of lindsey graham saying, you can put it in the bank, you can show the video of me promising that we will not confirm a new justice in an election year. he said it more than once and it took about 30 seconds for him to reverse that. so his word is not bond on this issue. just wanted to show people those pictures. jeffrey, very quickly, one of the interesting questions to me is i'm not sure mitch mcconnell and donald trump have exactly the same goals here. and that may come to the decision between barrett and lagoa. donald trump wants to win the election, first and foremost. mitch mcconnell wants a justice, period, full stop. i'm not sure he cares as much about winning the ele