last year, he picked justice neil gorsuch to replace conservative antonin scalia, a lateral change. kennedy, appointed by president reagan became a moderate conservative siding with conservatives but also on gay rights andbortion rights. >> if you get somebody much more in clinced inclined to a conservative jurisprudencet might shift back the other direct rn. orter: republicans urging a qui confirmation. >> we will vote for his successor this fall. >> reporter: democrats not in such a rush. >> this is the most important supreme court vacancy for this coun ay in at least

having a strong conservative replacement like antonin scalia is more like something somebody who is notthony kennedy who's a swing vote, somebody who actually would be a conservative and a stronghold and consistent one, not a swing vote. >> jeffrey, give us the big picture, how unflewentiinfluent. >> justice kennedy controlled the outcome in so many cases, whether it was abortion rights, whether it was bush v. gore where he essentially delivered the presidency to george w. bush, affirmative action, saving it last year and of course all of the gay rights decisions including a 5-4 decision directing that all 50 states have to have same-sex marriage. and this week with the travel ban case. the court followed kennedy's vote and that vote is now going to be a solid conservative vote. >> citizens united as well. >> the thing is liberals want to talk about his gay rights decisions, but there was citizens united, there was bush v. gore, there was the travel ban case. he's mostly been conservative. >> though he was the decisive vote on same-sex marriage, on abortion rights for women, on affirmat

. >> reporter: in 2016 when justice antonin scalia died suddenly, it was mcconnell who blocked a vote on barack obama nominee merrick garland until after the presidential election. >> he never had the opportunity for a hearing, let alone a vote. so the senate republicans successfully kept that seat vacant. and it was a gamble that paid off. >> reporter: and then he orchestrated a change in senate rules, the so-called nuclear option, to get president trump's pick, neil gorsuch, confirmed with a simple majority vote after democrats triggered that move. >> the democrats shot themselves in the foot. they were the people who argued for eliminating the filibuster on justices. and they got their way. and the bottom line is that all that a nominee will need is 50 votes. plus the vice president. and that nominee will win. >> reporter: those 50 votes could come a number of ways, with 51 republicans in the senate. all eyes are on the conservatives who have voted against the party line sometimes. and those democrats who defied their party too when they voted for gorsuch. >> we will begin our sear

last year he picked justice neil gorsuch to replace antonin scalia, a lateral change. but kennedy, appointed by president reagan favored gay rights and abortion rights. >> if you get somebody who is much more inclined towards a conservative jurisprudence, it might pivot in the other direction. >> reporter: moments after the resignation letter was released, republicans urging a quick confirmation for his replacement. >> we will make the replacement this fall. >> theis is the most important for at least a jgeneration. >> reporter: an intense political battle brewing over the nation's highest court. and the highest court in the land will resume on the first monday in october. meanwhile, president trump already has a list of 25 possible replacements for justice kennedy. jessica? >> let's give you background on justice kennedy, a native californian, born and raised in sacramento. he returned to teach at mcklatchly. he was more than 20 years as a professor. his wife mary also a teacher at a sacramento elementary school. in 2009, he returned to stanford university where he go

the late arch-conservative justin antonin scalia. >> they both loved opera.a was a very funny man. he really cracked her up. >> reporter: her tenure on the bench not without controversy. breaking tradition for a justice, bader ginsburg spoke out against then-candidate donald trump, including to the "new york times." >> i think there's pretty broad agreement that justice ginsburg made comments that were ill advised about then-candidate trump. >> reporter: on a closely divided court in the midst of this controversial presidency, even though she's 85, she's not showing any signs of showing down. >> she announced her clerks for next year. and her clerks for the year after. maybe she's getting tired of people asking her, when are you going to resign, when are you going to resign? >> her answer is, she'll keep doing the job until she feels she can't do it full steam. >>> next, this couple taking their walk down a different kind of aisle. man: it takes a lot of work to run this business, but i really love it. i'm on the move all day long, and sometimes i don't eat t

last year he picked justice neil gorsuch to replace conservative antonin scalia, a lateral change. but kennedy appointed by president reagan became known as a moderate conservative, siding with conservatives on the second amendment and voting rights, but also favoring gay rights and abortion rights. >> now, if you get somebody on the court instead who is much more inclined towards a conservative jurisprudence, some of that might pivot back in the other direction. >> reporter: moments after kennedy's resignation letter was released, republicans urging a quick confirmation for his replacement. >> we will vote to confirm justice kennedy's successor this fall. >> reporter: but democrats not in such a rush. >> this is the most important supreme court vacancy for this country and at least a generation. >> reporter: an intense political battle brewing over the future of the nation's highest court. blayne alexander, nbc news, washington. >> in a blow to organized labor, the supreme court has ruled that government employees cannot be forced by states to contribute to a union they don't belo

the republican-controlled senate, blocked the nomination of merrick garland after the death of antonin scalia seat was killed by donald trump's pick, neil gorsuch, after the 2016 election. and justice kennedy, judicial analyst judge andrew napolitano says the president is looking for a key characteristic, humility. >> they all believe in judicial humility which is the recognition that the judiciary is the third branch of government, the presidency and congress are more important, they set public policy, it is not a job of judges to set public policy but to interpret the law and apply the constitution to the laws of congress is written, a difference to the primacy of the other branches and i can tell you now the teams of people working for him are reviewing the judicial decisions of those 25 on the list looking for judicial humility. heather: there are 25 on the list of nominees, justice kennedy will serve until july 21st. they will see how quickly they can get that done. watch organizers calling for a day of unrest today targeting the 0-tolerance policy on immigration. >> good to see you. thi

and judge amy coney barrett of chicago, 46, a former clerk to the late justice antonin scalia. she's criticized roe versus wade and is a mom of seven children, including a special needs child and two children adopted from haiti. democrats, outnumbered, are already trying to stop any vote, echoing the argument republicans used when they blocked president obama's nominee, merrick garland, in an election year. senator tammy duckworth of illinois tweeting, "the american people should have a voice in the selection of their next supreme court justice." but there's a big difference. republicans had the votes to block garland. democrats are in the minority now. >> we will vote to confirm justice kennedy's successor this fall. >> reporter: but for every senator, this will be a monumental vote. perhaps the biggest issue, the right to choose abortion. president trump in 2016 became the first republican nominee to explicitly promise the end of roe versus wade. >> well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. and that will ha

justice antonin scalia, a towering figure on the supreme court up there with oliver wendell holmes in the annals of supreme court history of the united states always used to say you're not a good judge of occasionally you don't reach a conclusion you don't like and the reason for that is the law requires it. or the constitution requires it. if you want to make policy you want to run for office so the kind of people the president is considering for circuit courts, the nomination of neil gorsuch, these are people who don't believe the job of the judges to act like a member of congress but to interpret the law which is what the founding fathers clearly had in mind for the judicial branch. shannon: it is stunning when we remember justice kennedy was confirmed by the senate 97-0. hard to imagine anything near that happening these days. you will have opposition from the democrats but what about complications on the gop side, the current absence of sen. mccain, very ill, and what are your concerns? >> we hope there will be democratic support. neil gorsuch got three senate democrats who suppo

a list of 21 jurors from which he promised to fill the vacancy left by the untimely death of antonin scalia. momentsthe second such took place in october 10 in the first debate with hillary clinton, where he spoke so eloquently and with such moral clarity about the tragedy of late-term abortion. i think the second of those three points took place on july 15 of 2016, when donald trump announced that he was selecting mike pence to be his vice presidential running mate. [no audio] we know thatow, tens of millions of voters of faith that we represent, knew that that decision spoke volumes about the governing philosophy, and about the policy and personnel priorities that donald trump would have as president. our speaker tonight is the grandson of irish immigrants, whose father one of bronze -- won a bronze star in korea for bravery. he learned early on his kitchen table at home and at church, the valleys that still provide a compass the points true north for him to this day. the values of hard work, of , ofiotism, of faith in god fidelity to his family, and of selfless service to the nation that

last year, he picked justice neil gorsuch to replace conservative antonin scalia, a lateral change. kennedy, appointed by president reagan became a moderate conservative siding with conservatives but also on gay rights andbortion rights. >> if you get somebody much more in clinced inclined to a conservative jurisprudencet might shift back the other direct rn. orter: republicans urging a qui confirmation. >> we will vote for his successor this fall. >> reporter: democrats not in such a rush. >> this is the most important supreme court vacancy for this coun ay in at least generation. >> reporter: an intense political battle brewing over the future f thenation's highest court. blai blaine alexander, nbc news, washington. >>> has served 31 years on the high court, the second oldest justice behind justice ginsberg. it has been evenly divided and kennedy has been the pivotal swing vote. here is pete william with a closer look at kennedy's influence. >> anthony kennedy has been the decider. when he votes with the fou conservatives, he gets the decision gut the reg -- voting rights act when

last year he picked neil for su -- gorsuch to replace antonin scalia. justice kennedy favored gay rights and abortion rights. >> if you get someone who is much more inclined toward a conservative jurisprudence that might swing it in the other direction. >> reporter: republicans urging a quick confirmation for his replacement. >> we will vote to confirm justice kennedy's successor this fall. >> reporter: the democrat not in such a rush. >> this is the most important supreme court vacancy for this country in at least a generation. >> reporter: an intense political battle brewing over the future of the nation's highest court. blayne alexander, washington. >>> justices ruled unions cannot force non-union workers to pay due, even though benefit from contracts they negotiate. they say it's a hit to workingu it will allow non-union workers from paying dues to an organization they don't agree with. >>> teams from the u.s. office of inspector general will head to facilities in the u.s. and government teams will check on the health and safety of the kids along wi

and he, the president has talked about wanting another antonin scalia and proud of the neil gorsuch appointment. those are more conservative figures on the court. the role that kennedy filled as at swing justice, this time with the conservatives a lot. and other times has gone with the liberals. i don't know if the new justice will fill that. it may be that chief justice roberts becomes the privatal figure on court so that would shift to the right. >> unfortunately, we're getting the wrap because we have so many other news today. the landscape of the court is going to be completely different than it was? >> completely different. we'll talk about roe vs wade will it be overturned? affirmative action be abolished? a different supreme court. elizabeth: we may have the names narrowed down more and we may have you back next weekend. thank you for joining us. >> thanks. elizabeth: really appreciate it. leland. leland: talking to politicians -- there are few prouder americans in the country than the owners of small businesses, but so many main streets across the country have been decimated. just ask p

mitch mcconnell's decision to keep the seat of antonin scalia open for nearly a year was a big factor in driving voters to the polls. pollster republicans lacking this year on the generic congressional ballot so will justice kennedy's retirement flip things? let's bring in pastor robert jeffers, good to see you tonight. you heard in that last report that there was a lot of talk about how this could impact roe v wade and other big decisions, justice kennedy had been friendly to abortion rights. i want to play something from cecile richards who stepped down as president of planned parenthood. >> this is a glass moment and what i'm hearing in the last few hours is women already are, this through kerosene on the fire already burning in america and could have enormous implications for the midterm elections. >> contrast that with something the federalist society, a key voice in guiding the president, what he has to say about that. >> the left has been using the roe v wade scare tactics and 1982 when sandra o'connor was nominated and over 30 years later nothing has happened to roe v wade. >>

good seeing you, ed whalen, former law clerk to justice antonin scalia.ght, that was an interesting pick at the time when we got to neil gorsuch because it was swapping out a conservative for conservative. in this case it's putting in a conservative for someone who was a balancing or tiebreaker, so that's why it's added importance here. we're on top of that added importance and the meaning of it, after this. six in the morning. she thought it was a fire. it was worse. a sinkhole opened up under our museum. eight priceless corvettes had plunged into it. chubb was there within hours. they helped make sure it was safe. we had everyone we needed to get our museum back up and running, and we opened the next day. jardiance asked: when it comes to managing your type 2 diabetes, what matters to you? you got a1c, heart, diet, and exercise. slide 'em up or slide 'em down. so let's see. for most of you, it's lower a1c. but only a few of you are thinking about your heart. fact is, even though it helps to manage a1c, type 2 diabetes still increases your risk of a fata

that's after justice antonin scalia died in 2010-had20. >>> the president has a short list of nominees. >> the president has a list he put out last fall of 25 names of potential supreme court nominees. two judges on that list were finalists for the supreme court opening that ended up going to justice ilpresident tr interviewed both of those two. we are hearing that they are at the top of the list but at the very top according to our sources right now is a man named brett kavanaugh. he is a judge, currently serves on the u.s. court of appeals here in d.c. and he was nominated for that job back in2006 by george w. bush. >>> thank you. senators dianne feinstein and kamala harris both calling for a delay in filling kennedy's seat until after the midterm elections. elections. >>> the supreme court delivered a setback to organized labor. in a 5-4 vote with the conservative justices in the majority, the court ruled that not to join unions should not be forced to pay dues saying forcing them to pay was a violation of the first amendment rights. it means unions could lose tens of millions of do

barack obama almost had a year left in his presidency when antonin scalia died.hat seat was held open. this seat went to neil gorsuch and just in the past three days we have had three 5 to 4 decisions where the conservatives won where they almost certainly would not have won if merrick garland had been on the court. just an enormously consequential difference in the supreme court because of mitch mcconnell's decision to keep that seat open during 2016. >> again, no one can know how merrick garland would have ruled, but i can tell you this is why mitch mcconnell tweeted out that photo yesterday, mitch mcconnell shaking gorsuch's hand and how consequential it would be. >> see, i'm glad you were here. >> wait a second. >> yeah? >> we still have to wait until thend of today' session, anthony kennedy could retire, and clarence thomas could retire and it's remotely likely, but it's not required, but there is a somewhat of a tradition at the supreme court when people retire they announced it on the last day of the term. so as they say on television, stay tuned. >> altho

republicans who refused to even hold a hearing for president obama's pick to replace the late justice antonin scaliahours after scalia's death in february 2016, majority leader mitch mcconnell said the senate would wait until after the presidential election to confirm a replacement. now feinstein and other top democrats are calling for something they have dubbed the mcconnell standard. >> our republican colleagues in the senate should follow the rule they set in 2016. not to consider a supreme court justice in an election year. >> republicans argue that it isn't the same because 2018 is not a presidential election year. >>> after much speculation, the feds said they will not build a detention facility at the concord naval weapons station. homeland security made clear they are not planning to build anywhere in california. the city does not control the federal land in question. but activists still want stronger stand. >>> right now, protests are under way at an i.c.e. facility in portland, oregon. this video shows tensions between demonstrators and police. the u.s. attorney's office says officers reop

claim mitch mcconnell stole president trump's opportunity to fill a court seat left vacant by antonin scalia's passing, feinstein had reminder for republican colleagues thursdays. she said it's time for them to reap what they've swon. >> author of the book legal crimes. i assume those are fiction? >> no, the death penalty is still there. >> about the death penalty. i wanted to make sure it wasn't murder at the supreme court. democrats are fighting for tough measures and they are fired up about this, short of violence what they are talking about is that they are nervous that president trump is about to reshape the court and move it far to the right. >> well, that's a well-established fear, this could be prif toll time in the history of the supreme court not since 1950's has the court been conservative as i think was about to be. remember, the 60's we had very liberal justices, turn supreme court around an didn't happen, for this appointment this could very well happen. they'll be a big fight in the senate on this one. ed: do you think the left was asleep, they tried to deny sarah sanders table

. >> you know, selena, former supreme court justice antonin scalia and current sitting justice ruth baderinsburg could not have disagreed more when it came to the law and the constitution. but they were dear friends. and they were able to have dinner and have a discourse despite being on the opposite side of almost every issue. how does this country get back to being like that friendship? >> i do see that everywhere. i see that a lot, so it is not gone. but what is amplified is what we see on the news, you know, what we see on social media, those things that divide us. to david's point, and what is in the great revolt, donald trump did not cause what is going on, this populism that is going on. he's just the result of it. and if we don't pay attention to it, if we don't address it in a meaningful way it continues long beyond his presidency. i think that's, like, the important lesson in the great revolt and the important lesson of what is going on is this continues, and i think we need to address it more effectively, more thoughtfully. >> of course the great revolt, your new book, selena z

. >> antonin scalia died february 13th, 2016, with a more than 11 months to go in barack obama's presidency. mitch mcconnell, within hours, i was sitting at this table, we were -- it was a saturday, poppy harlow was in here and, you know, most people were sort of paying tribute and mitch mcconnell said, there will be no vote on a successor. >> and he kept his word. >> he kept his word. now that's unprecedented in american history to keep a seat that -- to keep a seat vacant for that long, but the consequences of the merrick garland not being on the court and neil gorsuch and you said there was another case today involving abortion also 5-4, the same vote, a series of 5-4 votes -- >> people voted for trump knowing that, you know, there would be this -- >> elections have huge consequences and i think this would have been a different decision if there was a different court, and so we don't know that for sure, but there's no question i think, you know, there's a fair argument that elections have consequences and this is one of those consequences. >> in 2012 the american people elected barack ob

unions and when it came down to it, they were going to go down the same way today, and justice antonin scalia ended up passing away and the decision came down in a 4-4 split and of course, today, neil gorsuch, the newest justice here siding with the majority and siding with the conservatives and showing how important that nomination by conservative cause here. kate? >> and jessica, always, the rumor game and the guessing game and will there be retirement once the session comes to a close. what are you hearing? there are no retirements at least for now, that was the announcement from chief justice john roberts and today being the last day of the supreme court's term. we understand that chief justice john robert, he actually made a bit of a joke about it. he did announce some retire ams today and those were only from court employees. no justices announcing any retirements, but of course, it is still a possibility. of course, we're keeping an eye on justice anthony kennedy and seeing if he may, in fact, retire, but no announcements today. today being the last day of the term, but it can still ha

he is well more conservative than antonin scalia. voting with clarence thomas more than any other justice. it is a different world now. steven could not be more right where he says this justice will reflect donald trump's view and his political positions. all i'm trying to do is put substance onto those words, which is talk about what those views are on the death penalty, on affirmative action. the university of texas will have fewer black people soon because they are going to end affirmative action in -- it will be declared unconstitutional. the university of texas has tried to foster diversity. there have been a number of lawsuits about it. justice kennedy was the swing vote saying the diversity program at the university of texas was constitutional. he's going to leave. they're going to bring in someone who will vote like gorsuch and like clarence thomas, and there will be fewer black students at the university of texas. that's just part of what this decision means. >> steven, part of what you point out, we have heard some things f

president trump already appointed neil gorsuch to the bench replacing antonin scalia that did in february 2016. that happened to the dismay of democrats at the time. we can expect this to be one of the most bruising confirmation processes in modern american history. fox news anchor and correspondent shannon bream is live with us now. who would have thought this afternoon -- i was watching your report as the gavel came down and the session closed and no announcements. now this. >> this morning when the bench closed up shop, when the justices will all be back, there were no glimmers no, hints of any retirement. again, the justices can do this in any way. the justice wanted to talk with the president first. his letter goes to the president first. we got it. it's simple. he said it's the highest of honors to serve on this court. he's enjoyed 30 years of doing it. but yeah, it's a seismic shift. a being are filling the slot by somebody that was appointed by a republican president. justice kennedy, there's more. he didn't like being the swing vote. but when they come in the doors, we could see

just as we did after the death of antonin scalia. and now this is going to set off a huge political fight in the senate. because democrats are still smarting over the decision by the republicans in the last year of president obama's term not even to give a hearing to president obama's suggestion merit garland. and even though the republican have the majority, it is a still a tough fight for whoever the president nominates but you could be sure whoever he nominates will be more conservative than anthony kennedy and that will shift sometimes conservative and sometimes liberal court to one that is solidly conservative and give the chief gist is clarngs thomas and alito and gorsuch a fifth solid conservative and that legacy will last for years and years to come. and the only thing that could potentially change -- it is if another liberal decides to step down. who knows about that. but it is impossible to overstate how big of a deal this is for the future of the supreme court. at least for the next decade or so. >> pete williams, you said

hear a reporter ask what about amy, a reference to amy coney barrett, a former clerk of justice antonin scaliadn't answer her question, but a source from the white house tells us that coney barrett is one of the frontrunners for the position. they were not clear who the second woman on the short list is. but we do know another frontrunner is brett kavanaugh who was a clerk for justice kennedy who announced his retirement this week. further, there is a dark horse candidate that the president talked about, that is utah senator mike lee who has publicly expressed interest in the role and the president acknowledged hearing about that interest yesterday though a spokesperson for the senator told cnn that he has not spoken directly to president trump about this. again the president said that he would be potentially interviewing with possible nominees this weekend here in bedminster. i asked the white house whether hose meetings had already taken place if there was any information that he could offer, they have yet to response. >> keep us posted. thank you. we're continuing to watch coast to coast im

another candidate is amy coney barrett, she was a former clerk for justice antonin scalia.ee made public that he was intrigued by the position. a spokesperson for mike lee said that he and the president have not privately discussed the matter. back on the subject of possible interviews this weekend, something that will not be on the table for discussion, roe v. wade. the president making clear to reporters that he would not be discussing with these potential nominees their personal stance on abortion. listen to more from president trump on air force one yesterday. >> are you looking for somebody who would overturn roe v. wade? >> well, you know, it's a -- it's a great group of intellectual talent, but we really, you know, they are generally conservative. i'm not going to ask them that question, by the way. but it is a group of very highly talented, very brilliant mostly conservative judges. i won't be discussing that because i think it is inappropriate to discuss. so i won't be discussing that. >> the president also saying that he will not discuss with these possible candid

kennedy with another kennedy, they've talked about replacing kennedy with someone in the mold of antonin scalia. so, of course, roe versus wade, any number of regulatory decisions, social -- decisions with social implications are all going to be on the dag. this is going to be a crucial vote and none of these democrats has any illusions that president trump is going to stop campaigning against them in states or whatever. it's more a matter of him suggesting to them that their political future will really be in trouble if they try to stop the train. >> i mean, you heard that from heidi heitkamp, right? less than 24 hours after the president blasts her in north dakota, she's at the white house having this meeting and she said basically, you know, that's politics. let me move on to some fascinating reporting this morning, rachael, out of axios. it's essentially that the president wants to pull the united states out of the wto. that is huge. out of the world trade organization. that would be a bombshell, but it's not out of the realm of possibility for this president, who has made similar remarkabl

president trump replaced one conservative with another when he chose gorsuch to take justice antonin scalia's seat he now has the opportunity to move the court to the right when he replaced kennedy, a centrist. >> the case is swing. i don't. >> reporter: kennedy has never liked being the court's swing vote but for years it is his vote that decided a case in a closely divided court. kennedy a ronald reagan appointee -- was sworn in 1988. >> i shall honor the constitution. >> reporter: he sided with his conservative colleagues on issues such as gun control and voting rights. he authored the majority opinion in citizens united striking down election spending limits for corporations. >> congratulations -- >> reporter: and in bush v. gore he cleared the way for george w. bush's presidency but to the dismay of those on the right, he joined the liberals on abortion, affirmative action and the death penalty. his most lasting legacy will likely be in the area of gay rights. in 2015 he penned a landmark opinion clearing the way for same-sex marriage nationwide. as time proved him to be one of the most

now, it's the same list he used last year when he nominated neal gorsuch to replace antonin scalia. favorite brett cavanaugh. president george w. tsh appointed him to court of appes. he worked as a law clerk to justice kennedyn the 1990's. >> ♪ >> 6:06 is the time. sterday out in the sticks. >> yeah, north and west is where you got the bulk of the rain. a couple showers in d.c., a couple in southern marylandlk but the butayed off to the north and west. lucked out a little bit. >> next comes the heat. >> here comes the heat. get your pool g ready. you'll need it this weekend. 76 outside right now, it' s a tart in d.c. satellite and radar still a couple showers out in the sticks as wisdom likes to say trying to work their way out of t mountains. there could be a sprinkle or light shower. in the afternoon here come the sunshine and those 90's. going 90 deges for a daytime gh today. skies will clear through the afternoon hours. again we'll heat things up. through the weekend. wait until you see the fork. friday, saturday, sunday, some of the hottest days we've had n d.c. and we'll kee i

consistent what we would call conservative philosophy in the mold of, say, justice gorsuch or antonin scaliae alito justice alito, justice thomas. the president now has an opportunity to nominate a justice in that judicial philosophy that the president talked about and continues to talk about, and that is putting someone on the court that has that, what i would call, and originalist, supreme court philosophy, constitutional philosophy, a loss to of a loss to become a constitutional conservative. you can call it a lot of different phrases but someone that is use the constitution ths that are written in it. i think that is what you will see in the supreme court nominee. >> sean: leonard leo, i think what jay said is on the money. kennedy did not have consistent judicial philosophy. you have a four reliable liberal justices on the court right now. and i mean, we know how they are going to vote. in 9 out of 10 -- 99% of the cases. this is important because it's been at least 25 times that anthony kennedy has sided with the four liberal justices on the court. this is a game changer. >> what's tra

outside his office there's a photograph of the supreme court's chambers of justice antonin scalia, theover of a regionalism over the last half-century. >> is this the inner sanctum of it? >> that's why it's hanging here outside of my office, because this is the place -- this is the temple. >> chris: is modest about what his role will be if there is another vacancy on the court, saying it's up to the white house, but there's little doubt if president trump makes another nomination, leo will be at the center of the action, and he could not be more committed. >> this is really at the core of his legacy. you were dealing with fundamental transformation in the federal bench, it's about as inspiring and motivating as anything has been in my professional life. it's like nothing i've ever experienced, chris. it's really incredible. >> chris: leo wouldn't tell us if he has a favorite for the supreme court on that list of 25. he says you could throw a dart at the list and get a solid conservative justice. and that's it for today, have a great week and we will see you next "fox news sunday." ♪ ♪

clerked for antonin scalia. one of the most articulate and intelligent originalists in the country.lented woman. >> tucker: bret cavanaugh? >> a very respected judge in washington, d.c. on the u.s. court of appeals. he has been on the court for a decade. he is respected on all side of the political spectrum as one of the best lawyers in the country. spent a lot of time in washington serving in government, arguing before the supreme court. he has written a lot of opinions. very deep believer on the idea that if you want to protect freedom and human dignity, you have to preserve the structural limits on government power and the constitution. a lot like neil gorsuch, tucker. >> tucker: so if you are following this at home, who else should you be looking up on wikipedia right now? >> well, look, the president came up with this great idea. one of the most transparent things we have ever seen in judicial selection. which is to put out a list of all the people from which he picked. there are 25 on there, which is a lot of people. >> tucker: right. >> you should be looking at people like be

court justice because it was -- to read the book, all these people stories like the vacancy that antonin scalia left cast a a very large shadow over the election. it's a mate evangelicals so pragmatic. i will grant you all 16 of those republican candidates, 15 or 17, whatever would've made a good selection if they had one. a lot of voters decided that typical republican candidate wasn't going to win. that's why they went with the trunk. >> that list was out. >> no question the federalist society, that you should list in april 2016 and i think is the second list later. these are the people i would choose. that list itself was side of actors on the road over and over and over. i knew what i would get. so different it became a transaction, a a transaction ty could trust. that pushback on culture is something that does every day. the fact that trump is in many ways the president has a very good killer instinct, and he works, people like the fact he takes on their enemies and he takes on people they think are against their interests. he stands up to them without fear or favor. that i think in the an

conservative justice antonin scalia died 2017. president obama picked a centrist nominee to succeed him, merrick garland was described by everybody as a centrist and a moderate. he was even described by senator orrin hatch as the kind of person who would be seen as a consensus nominee, a 100-vote nominee. somebody who even republicans could not have any conceivable objection to. but even though the nominee was merrick garland, republicans nevertheless decided to do something completely without precedent. they decided that they would hold scalia's seat open for well over a year. they refused to meet with the nominee. they refused to hold a hearing, refused to hold a vote or consider or discuss any nomination, even merrick garland's nomination, specifically because they said president obama should not be allowed to name a justice to the court. no nominee, no matter who it was. not while president obama was still in office. have to wait until after the election. new rule. now had that not happened, had merrick garland been appointed

more so the senate majority leader's decision in the sense that president trump was replacing antonin scalia, if president obama -- were don't know how merit garland would have ruled, and maybe lectured the president, even as he said, we don't know that there are other decisions as well. this term without a doubt, but mitch mcconnell blocked merit garland, took a lot of people for it. his senate committee meeting tweeted out a for the off of mitch mcconnell shaking hands with neil gorsuch. they think this is a win for them. the issue that was raised earlier about what happens now? sew there's a big policy conversation about what happens to syrian refugees or people from yemen, and then there's the political discussion. >> it's like he's thumbing his nose, rallying conservatives, because the strategy has been to pass more and more conservative judges through the system. >> there's the picture you see. >> but you have to say, liberal, progressive, democrats in the country do not forget what happened to merritt garland. >> i don't know "remember merritt garland" doesn't sound like a rallies cry

majority ader, but may be any majority leader, was within an hour, that we learned the news of antonin scalia's passing, he announced that we were not going to vote on filling the vacancy until we had a new president, and held the 2016 prential election. and, it was because of his leadership, that that vacancy was there for president trump to fill. he filled it with neil gore's itch -- gorsuch. noon thrthe ker help spare u.s. senate. because he took the stand that he took, and president trump led by appointing gorsuch, we won a major case this week on religious freedom in the lorado baker case. this week. he helped sheppard through the tax cut that passed the senate late last year. that has gotten this economy exploding and driven. unemployment down to a level we haven't seen in 44 years. he is a dear friend of this organization, and the pro- family and pro-life cause. please welcome the majority leader of the united states senate, mitch mcconnell. good morning everyone. i want to thank ralph for that he has been a great friend of mine for a very, very long time. i also want to thank -- for all

of this majority leader, and maybe any majority leader was within an hour that we learned of antonin scalia'ste on filling that vacancy until we had the election. [applause] it was because of his leadership that that vacancy was there for president trump to fill. he filled it with neil gorsuch. our next speaker help steer that nomination through the senate. because he took the stand he took, president trump led by appointing gorsuch, we won a major case this week on religious freedom on the colorado baker case. [applause] he helped shepherd through the tax cut that pass the senate late last year. it has gotten this economy exploding and driven. unemployment is down to a level we have not seen in 44 years. he is a dear friend of this organization and the profamily pro-life cause. please welcome the majority leader of the united states senate, mitch mcconnell. [applause] [applause] >> a morning everyone. i want to thank ralph for that excellent introduction. he has been a great friend of mine for a very long time. i also want to thank tim had for his excellent work week in and week out. this is

. >> reporter: gorsuch replaced justice antonin scalia but only after senate republicans refused to considerbama nominee merrick garland. trump's victory solidified a conservative court majority that has delivered a string of conservative decisions, including the president's third try at a travel ban. >> the supreme court upheld the travel ban. >> reporter: mr. trump reminded supports his judicial nominees only survive if republicans keep control of the senate, where the margin is now 51-49. >> justice kennedy's retirement makes the issue of senate control one of the vital issues of our time. >> senator majority leader mitch mcconnell said yesterday he would bring up president trump's nominee for a confirmation vote this fall. democrats swiftly reminded mcconnell that in 2016, he would hold no hearings or have a vote on president obama's nominee, arguing the voters should decide who would pick the next supreme court nominee. mcconnell said yes, that was about voters deciding who should pick the nominee, not the composition of the senate, which should decide whether or not to confirm. norah.

other potential nominees include a meet tony barrett, a former clerk for justice antonin scalia.here is also william pryor, a court of appeals judge close to jeff session, worst -- who called roe v. wade the worst abomination of constitutional law and our history. john larson from another former clerk to justice scalia has also been floated. her appointment last year was opposed civil rights groups who criticized her record on gay rights. let's go to adam. you for c-span. i wanted to comment about the hearings. i never voted for a republican. cia was trying to set up donald trump to stop him from being president. runs theon is, who country? the people who vote for the f ei the cia deciding who we get to elect as president. evidence one but was changed. i have never been a republican, but it seems to me the left has shown its true nature. host: that is a question we can ask our next guest. he will be joining us after the house gavels and. we can ask him about that. what evidence is there that the russians swayed the outcome? let's go to jerry in new jersey. caller: i'm a registere

justice gorsuch is all of those things but like justice antonin scalia, very protective of constitutionalfor criminal defendants be whether the right -- >> we know that we are talking about gay rights, gay and lesbian rights, which will not roe versus wade. that is what we are talking about here. >> again, it depends on how you define civil liberties. if you're talking specifically about abortion, i doubt that a minimalist like john roberts will want to overturn planned parenthood versus roe versus wade right away. but i do think the margin, certain type of restrictions will be allowed to stand that did not otherwise. in terms of gay rights, again, i don't think that standard that legalized sex marriage across the country will be overturned. but it really depends. it is unclear how justice kennedy would have voted on masterpiece about the cake baker this term had it not been for the colorado commissions antireligious animus. they had to face that clear tension between the first amendment, the alleged tension between the first amendment and gay rights. it depends what kind of justice you g

hill are still smarting over mitch mcconnell's decision to slow walk the replacement for justice antonin scaliad in office the republicans then controlled the senate did not hold the confirmation hearing and did not allow president obama during the last year of his term to select a supreme court justice. that has huge ramifications. democrats still extraordinarily frustrated about that. the president here now saying he'd like to move as quickly as possible while that was happening, we also got some word from capitol hill that mitch mcconnell, the senate republican leader, has said he'd like to have these hearings and vote on the president's nominee some time this fall. that is presumably before the midterm elections before the democrats have the chance of taking over the senate so it looks like republicans are going to push forward as quickly as they can to get this done the president's going to pick off of his list he's already got out there. republicans on the hill are signaling they're going to move quickly for a confirmation vote. republicans are sure to make the case that this is just a mi

those interviewed by president trump last year to fill the vacancy left by antonin scalia's death. he was the first in his family to graduate from college, drove a taxi to help pay for his education. he's a georgetown university law center alumnus. is a favorite of trump's sister, judge merrick and trump barry,- marianne trump with only serves. reaction. "is a more conservative court ?ood for women mentioned gop hypocrisy every day." "there will be exceptionally strenuous vetting because of the stolen seat," referring to the merrick garland nomination by president obama. "it was inevitable and the truth is there is nothing democrats can do about it. conservatives will likely see two justices before 2020. elections have consequences." brian in illinois, line for democrats. you are up next. caller: good morning. thank you. yes, it is very hypocritical for republicans to launch this nomination three months out for a vote when they would not approve a justice nine months out. a more alarming thing is going through the comments on the are a lotage, there of conservatives and republicans

i think that that opening on the supreme court, as deep of a lose as losing antonin scalia was, a constitutionalstitution not trying to write their own law, the fact that that opening was there and the country knew, you're not only electing a president, but electing somebody who is going to help shape the court for another generation. nobody needs to ask hillary clinton what her list was going to be. and donald trump put out a list, he was criticized by some for doing it i thought that move, that move alone helped enough swing voters to make a decision to understand what that opening meant and they looked at donald trump's list and neil gorsuch was probably the best person on that list and there were other great people on that list and maybe we'll see a few more of them on the supreme court before he's done, but in the meantime, again, hillary clinton never was asked by the media what her list would be because you didn't have to know. you knew what the philosophy would be of her pick and so what a contrast that's been, seeing scott pruitt here, who is a great friend and a champion for getting th

but then justice antonin scalia died before the court could rule. they agreed to reconsider the issue this term. it's a little bit of a surprise to some of us that it has taken the court so long to get this opinion out, since this was an issue that they're very familiar with. based on conventional wisdom, the expectation is that justice neil gorsuch will join with the other conservative justices and vote to say there is this free speech right. and really, deal with a pretty significant blow to the finances of public sector unions. host: we're looking at a shot of the supreme court with people standing outside. could you walk us through what happens on an opinion release day, for those who may not know directly, such as yourself? guest: the justices take the bench, and the -- well, they're not always all there. the end of the term, they will probably all be there, or almost all of them will be there. and the chief justice will say, justice whoever has our opinion in a particular case, and that justice will start reading a summary of the opinion from

but that was a couple of years ago in a case outside of california, but then justin -- justice antonin scaliautside said the court can rule. it is a little bit of a surprise to some of us that it has taken the court so long to get the opinion that they are very familiar with, based on conventional wisdom, the expectation is that just as neil gorsuch will join with other sayervative justices to right and free-speech deal a significant break -- blow to the finances of public-sector unions. host: we are looking at a shot of the supreme court with people standing outside of it. not know,who may directly, such as yourself? not know, directly, such as yourself? guest: the justice takes the bench. they are not always all there. almost all of them will be there. the chief justice will say that justice whomever has our opinion in a particular case and the reading the start summary of the opinion from the bench. copies of the opinion at the same time. finished, there are releasing for the day. a lot of significant cases being heard this term? what sticks out in your mind as significant -- guest: there