a few years ago,ma president obama nominated elena kagan and like judge kavanaugh she participated in public office but unlike the kavanaugh confirmation process the elena kagan process included the release of nearly every document related to her payment service. in fact no one got an example of so much of a nominee's record in government being hidden from the senate and hidden from the public as he judge kavanaugh's case. though rushdie and secretive process that characterized judge kavanaugh's nomination raises this question, what is he hiding? why doesn't he insists his record be made public and why doesn't he want people investigation of the sexual assault claims made against him and why won't republicans insist on transparency and a meaningful investigation. nor would the senate republicans care about thect fact. judge kavanaugh has been accused of sexually assaulting multiple women. doctor ford. they make judgments based on fact. they need to discredit these courageous women. donald trump openly mocked doctor ford at a political rally and republicans made clear this is the one a

." >>> plus, supreme court justice elena kagan just moments ago weighing in on the court's disappearing middle and concerns about staying above the fray. >>> and some democrats already saying there could be grounds for impeaching kavanaugh. one of those democrats is my guest. let's go "outfront." good evening, everyone, i'm kate bolduan. "outfront" tonight, profile in courage or cowardice? republican senator susan collins of maine in a dramatic senate speech announced she will vote yes to confirm brett kavanaugh's nomination to the supreme court, her decision all but confirming his nomination to the highest court in the land. the protests started almost as soon as she started speaking today. >> senator collins, please vote no. >> in a nearly 45-minute address, the maine republican laid out a lengthy defense of kavanaugh's judicial record and finally then turning to the heart of the bitter fight that has been playing out over the judge allegations of sexual assault and collins then revealed her vote. >> the facts presented do not mean that president -- that professor ford was not sexuall

elena kagan, for example, had hired him for a job in the past.t will be a transition that will be watched if the vote goes as planned. so far in the white house it's been a restrained response because it isn't over until it's over. there have been tweets from the president and vice president thanking those who support kavanaugh. in to e pika, kansas, we would expect he would be wanting to talk about his victory in the supreme court, one that has been difficult for everyone involved. richard? >> all right. nbc white house correspondent kelly o'donnell. thank you, kelly. >>> will roe versus wade survive? why some believe kavanaugh fooled senators on the landmark case to lock in his confirmation. o lock in his confirmation if you have psoriasis, ... little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats moderate to severe plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla . it may cause severe diarrhea, nausea, or vomiting. otezla is as

. >>> and coming up, justices elena kagan and sonja sotomayor saying the court's legitimacy depends on staying above the political fray. are they sending a message directly to brett kavanaugh? >>> plus, first lady melania trump, speaking out overseas. her comments on the me too movement, judge kavanaugh, and his accuser christine blasey ford, coming up. today is the day you're going to get motivated... get stronger... get closer. start listening today to the world's largest selection of audiobooks on audible. and now, get more. for just $14.95 a month, you'll get a credit a month good for any audiobook, plus two audible originals exclusive titles you can't find anywhere else. if you don't like a book, you can exchange it any time, no questions asked. automatically roll your credits over to the next month if you don't use them. with the free audible app, you can listen anytime, and anywhere. plus for the first time ever, you'll get access to exclusive fitness programs a $95 value free with membership. start a 30-day trial today and your first audiobook is free. cancel anytime and your b

>> well, clearly, elena kagan and sonia sotomayor, who was there with her at princeton, are concerned about that, and i'm s, glad, hahat you started here with the oo-- twothe women justices speaking on this point. they're cleay very concerned. and this is an extraordinary thing that they spoke about this. justice kagan wentn to say that the legitimacy ofth e court relies upon public confidence in the court and in its independence, that if the public loses faith in the court, loses respt for the court, and loses a sense of-- of credible, of the court's credibility, that they won't listen to what we tell .hem to do that's basically what she came out and said. "we don't have an army," she said. "we don't have an army. we can't order with masses of force the public to dohings. we order through our legitimacy." and without that, all is lost for the court. and that's her concern. and she said that las and it was a bold thing to say. nd i'm so glad you started there, because ows tremendous concern on the part of at least these two justices about what's hapsepened theast few weeks. >> sreeniv

. >> you heard elena kagan. about the court's legitimacy being seen apart from the politics of the other two branches. i assume you agree with that. >> absolutely. >> regardless of what you said there are questions in roughly half the country's mind about justice kavanaugh's objectivity. how would you advise him to overcome those questions about whether or not he can truly be an objective justice? >> you've already tried this for weeks now, respectfully. >> tried what? i'm asking you how he's going to overcome doubts after this country has. i'm not trying anything. i'm just trying to ask you a question. >> we've had this conversation for three weeks. there's been no supreme court justice that's been more picked apart with the exception of clarence thomas who is in his 27th year on the bench. we've had this conversation for three weeks. i think what judge kavanaugh should do what he's done for 12 years on the second highest court in the land. he should go to work, do his job. he should look at the documents and l

this is supreme court justice elena kagan. speaking about all sorts of things, but listen to this clip from elena kagan. >> people too often don't realize we agree a lot. if you look at the court's case load -- >> unfortunately we don't have that right clip. we have a shorter version. let me see if we can key this up. this is justice kagan. listen to this. >> it is an incredibly important thing for the court to guard, is -- is this reputation of being fair, of being impartial, of being neutral and of not being simply an extension of the terribly polarized political process and environment that we live in. and, you know, this is a challenge. >> all right. those are pretty timely words. >> this speaking event was planned for a long time. it just happened today. but justice kagan could have avoided everything. she could have said, i'm not talking about it. she made a point almost like chief justice roberts would, but caring about the institution of the court there because she knows that coming out of this, this is the most politi

but elena kagan last night said something, it's not an extension of politics but somehow above the fray. >> yes. does this body makeup of these nine in the wake of everything we've seen this week, the last several weeks, will it be able to stay that way? will it stay above the perceived fray? >> it all depends on if people want to denigrate the court the way the trump administration has denigrated the justice department and the fbi. and so, look, i think susan collins had it right. merrick garland was denied a vote, that was wrong. she have had a vote. he's not 180 degrees out of favor with judge kavanaugh. so all this talk about roe v. wade, that's not the way the court works. they don't say let's return to roe v. wade and overturn it. having a conservative on the court means that we do look at precedent. we don't upend the court. we look at past decisions. as kavanaugh said, roe v. wade is established law. i disagree with it, but i don't think he'll get in there as one justice and overturn roe v. wade. >> i won't even ask you a question. you have been shaking your head. just go. >> we

circuit, judith rogers, david to tell and merrick garland turkey also nominated elena kagan and alansnyder during the latter part of his second term. but the senate did not act on their nominations following the precedent senate democrats that under georgia h. w. bush. judges rogers and to tell were both confirmed by reasonable votes, really wasn't a difficult thing but they're both confirmed by voice vote within four months of nomination. justice garlands compression process was a bit different. there was a dispute at the time of the weather was, whether it was a need for another judge on the d.c. circuit. compared of the courts of appeal, appeals, the d.c. circuit had a smaller caseload for judge after an extended back-and-forth, the senate voted to confirm judge garland 18 months after he was nominated. the vote was 76-23 with the majority of republicans supporting his nomination. i'm going to pause for a moment to swap out my speech boxes. when you have a lecture this thorough and, of course, this detailed and distinguish, it takes more than one speech box. so i'm going to swap s

>> i worked with elena kagan, justice kagan and the k white house and i agree she's a phenomenal person. she was the dean of the harvard law school when now justice kavanaugh was hired. >> laura: he can't go there now.o he can't go to a university and speak, he cannot teach as two or three classes at a law school today. you realize that, right? >> they would probably take him. i think the level of discourse in this country has gotten so acrimonious that it's hard for -- and we are sitting here having a civil conversation and it's getting harder to do that and that's a shame. i think however that thou shall reap what thou dost so and when you have a president that thrives on division, this is what he does best. i think the popular vote speaks for itself in both instances and i think the rhetoric of both men speak. but you can throw barbs, i can throw barbs and we can talk c about what started it but we can't deny where we are. i do think one of the ways we can come out of this is by focusing on problems. >> condemn what they did to susan collins, because the republicans are less or conse

supreme court justice elena kagan, surely not someone democrats think of as either evil or an extremist, hired judge kavanaugh to teach at harvard law school where he has served as the williston lecturer on law. both inside and outside his profession, those who know him praised his character. 84 women who worked with him in the bush administration sent a letter praising him as, quote, a man of the highest integrity, end quote. a self-described liberal democrat and feminist lawyer who knows judge kavanaugh and knows him well wrote the following in an op-ed for "politico," and i quote -- my standard is whether the nominee is unquestionably well qualified, brilliant, has integrity, and is within the mainstream of legal thought. kavanaugh easily meets those criteria. just as a democratic nominee with similar credentials and mainstream legal views deserves to be confirmed, so, too, does kavanaugh. not because he will come out the way i want in each case and even most cases, but because he will do the job with dignity, intelligence, empathy, and integrity, end quote. that from a liberal lawye

he's sitting next to justice elena kagan. during the breaks the two of them sort of laughed together, shared a few moments, talked a little bit. they are no stranger to each other. when elena kagan was dean of the harvard law school, she tired brett kavanaugh as a professor. those two do have somewhat of a history. can you see the lineup there, brett kavanaugh taking his situation, which is always reserved for that junior most justice. >> thank you. the president has using the drama surrounding the kavanaugh nomination as a battle cry. >> what happened to the kavanaugh family violates every notion of fairness, decency and due process. our country, a man or a woman, must always be presumed innocent unless and until proven guilty. and with that i must state that you, sir, under historic scrutiny were proven innocent. >> with exactly four weeks from the midterms, will republicans use that same playbook? with me, michael deantonio. you wrote this whole piece saying that trumpism is winning. tell me why. >> well, it's winning for

on c-span three, supreme court justice elena kagan fits done theyou conversation with head of the american bar association, followed by president trump holding a rally in wisconsin. coming up on today's washington journal, tim story from the national conference of state legislatures, joins us to talk about how the 2018 midterms could affect redistricting over the next decade. then come a former white house communications director, anthony's koran which you, checks about his new book on president trump's connection with blue-collar workers. after

you know, a few years ago president obama nominated elena kagan to the supreme court. like judge kavanaugh, she had participated in public office. she had served. but unlike the kavanaugh confirmation process, the kagan process included the release of nearly document related to her time in service. in fact, no one has found an example of so much of a nominee's record in government being hidden from the senate and hidden from the public as in judge kavanaugh's case. the rushed and secretive process that has characterized judge kavanaugh's nomination raises this question: what is he hiding? why doesn't he insist that his record be made public? why doesn't he want a full investigation of the sexual assault claims made against him? and why won't republicans insist on transparency and a meaningful investigation? evidently neither judge kavanaugh nor the senate republicans care about the facts. judge kavanaugh has been accused of sexually assaulting multiple women. dr. christine blasey ford and deborah ramirez shared their stories of sexual assault at the hands of judge kava

elena kagan actually has the background unlike brett kavanaugh in having worked with administrations. she also when she was dean at harvard law school hired brett kavanaugh. that's the school that now said in fact he is severing ties with harvard law school right now. elena kagan might have mixed feelings about this confirmation process and about this nominee, but when it comes, she will also join in closing ranks. wolf? >> good explanation. thank you very much. if brett kavanaugh is confirmed in a final senate vote tomorrow, how could that affect the composition of the supreme court? let's bring back the analyst. it will be dramatic, i assume, if it's a 5-4 conservative advantage over the liberals in the u.s. supreme court. that's going to continue for a long time. >> think about across every issue. i think as joan said many times. where anthony kennedy may have felt where his impact had the greatest effect, it may have been on the hot button social issues. the issue of abortion which is when you have any supreme court fight, it seems to be the galvanizing social issue. yes, this is

republicans found much to object to in sotomayor and elena kagan's records including sotomayor's suggestion in numerous speeches that a wise latina woman was more often than that making -- would more often make wise republicans than a white male republican. expressed concern about kagan's position as the dean of harvard law school to ban military recruiters. but they didn't launch a withering attack or assault. the democrats have leveled against previous republican nominees. they didn't try to filibuster. republicans asked pointed questions to be sure, but they did not try to destroy them, as was the wont of the democrats. 61-38 for sotomayor, nine republicans in support, and 63-37 for kagan with five republicans in support. they both received more votes from republican ben alito received from democrats. keep that in mind next time democrats try to play in -- pin the blame for the confirmation wars on the gop. i will say a few words about the d.c. circuit nominees. president obama appointed four circuit, the d.c. shirley lawson, patricia, robert wilkins. , withdrew hertlin nomination. compa

republicans found much to object to and sotomayor and elena kagan's records including sotomayor's suggestion in numerous speeches that a, quote, wise latina woman, unquote, would more often than not make better judicial decisions than a white male republican. also expressed deep concern about kagan's decision as dean of harvard law school to ban -- they didn't launch a withering personal attack or assault. the democrats had leveled against previous republican nominees. they didn't try to filibuster their nominations. they asked sotomayor and kaganen pointed questions, to be sure, but they did not try to destroy them as was the want of the democrats. the confirmation votes were 68-31 for sotomayor, with nine republicans in support, and 63-37 for kagan with 5 republicans in support. socie sotomayor and kagan received more votes -- keep that in mind next time democrats try to pin the blame for the confirmation wars on the gop. i'll say just a few words about president obama's d.c. circuit nomin nominees. president obama appointed four judges to the d.c. circuit. patricia millett. cornelia polla

that's a sum-up of what elena kagan said at princeton. what happens now, and are you worried, do you believe, that with justice kavanaugh, who, by the way, attacked the clintons saying all of this was revenge for the clintons -- >> yes, i heard that. >> and of course he was on the ken starr commission, i believe. >> yes, he was. >> what do you think, do you have faith in rule of law in the united states supreme court going forward? >> well, i always have had even when i disagreed with decisions. i'm going to wait and see attitude. there will be some important cases before the court. i don't know what private assurances kavanaugh may have given to certain senators to win their vote. those senators seem to have heard him say that he's going to follow precedent, that he's not going to overturn roe v. wade. i will wait and see. now the bigger question, though, is what does it mean for the rule of law if the supreme court is seen as politically partisan? that is deeply troubling because then people are going to disregard what the court says. p

justice kavanaugh asked several questions, even chatted up his liberal-leaning colleague, elena kagan was a cordial courtroom after a contentious confirmation fight. newly confirmed supreme court justice, brett kavanaugh, wasting no time. the junior-most justice asked several questions on about seven different occasions during his first day on the bench. chief justice john roberts started the session, saying it was a great pleasure to welcome kavanaugh to the court, and wished him a long and happy career in our calling. >> i, brett m. kavanaugh -- >> reporter: he was ceremonially sworn in monday night by the monday whose seat he's taking over, anthony kennedy. justice kennedy was notably the court's swing vote. but justice kavanaugh could sit much farther to the right, both literally and figuratively. he's expected to vote consistently with the conservative block on key issues like immigration, abortion, gun rights and health care. while also sitting in the most far right chair on the bench, right next to him, liberal justice, elena kagan, who hired him at harvard law school years ago

when she was dean. >> and i should point out that elena kagan and sotomayor was there also as well. and mimi rocha, talk about the change in the court, and also, i wanted to ask you briefly about rod rosenstein and whether there was anything improper as him of deputy a.g. flying on air force one and not a private meeting and so it was onot the moment that a lot of the anticipated with the president, and the president then the reaffirming that he is not planning to replace rod rosenstein. >> well, andrea, the two things that you are asking about are linked in some big principled way which is that we have seen through this process of kavanaugh getting confirmed to the supreme court such a politicalization of the process, and i know that politics have always played a role in the supreme court, but what we saw here where, really, a whole portion of where women and sexual assault survivors felt that it was a thumb in the nose to them to get kavanaugh confirm and then saturday night, the sort of, you know, the swearing in, really was, you know, with the standing ovations, and the statemen

he's to the right on the bench next to elena kagan. justice kavanaugh has a few tasks that go with being the newest member, such as taking notes and answering the door. >>> you can now take advantage of a retrofit grant program. nbc bay area's melissa colorado is in berkley with some key details. >> reporter: the hayward fault runs right underneath this street in berkley. starts over there, crosses this intersection and runs underneath that house right there on cedar street. you see there's a couple of obvious cracks here at this intersection. that is why the california earthquake authority is helping a variety of things will help homeowners retrofit their home. the risk is real. you recently bought a house in the bay area, congratulations. now you need to protect that home from an imminent earthquake. >> i don't think the house is going to collapse. it might move a bit, but yeah, i don't think it's going to collapse on top of me, which is something that i kind of stayed up at night worrying about before. >> reporter: patricia sleeps b

friday night, supreme court justice elena kagan, speaking alongside justice sotomayor, stressed that the court's legitimacy hinges on it remaining an apolitical body. >> it's an incredibly important thing for the court to guard is-- is this reputation of being fair, of being impartial, of being neutral. >> ninan: paula, how will kavanaugh shape the supreme court? >> reporter: well, reena, even though this was a hard-won victory for senate republicans, kavanaugh's confirmation will be transformative for the court. he is replacing the swing vote, justice kennedy. and once kavanaugh joins the court, he will solidify a conservative majority that is expected to last for decades. with him on the bench, the court will be more conservative than at any other time in modern history, and bar anything deaths or illness, that is expected to last for decades. the only downside really here for republicans is all this controversy surrounding the kavanaugh nomination process was helping to mobilize voters ahead of the critical midterms. so now the challenge for the president and his allies will be su

host: professor elena kagan wrote a view of a book taking a look at the confirmation process. specifically highlighting the board hearings presenting to the --lic the meaning of the repetition of platitudes displays discussion of viewpoints and anecdotes have replaced legal analysis. is that something you would share? guest: i do not think it is entirely accurate. in the post bork years, there was a sophisticated discussion of additional philosophy and hearings. if you look at justice ginsburg, who is often touted as creating this "ginsburg rule" which suggests the nominees should not say anything, she actually talked about a lot of different cases and a lot of different points of law and express her opinions about them. justice thomas also talked a lot about his judicial philosophy, the role of natural law and his understanding of the constitution. they may not have said specifically how they would vote on particular matters, if they had not previously talked about itse in their writings or beaches, but they talk a lot about how they thought about the cause how they thought a

. >> and his future colleague, elena kagan, is speaking out about that.he court's strength and legitimacy depends on people seeing the court in this way. and that it is -- yes, it's an extension of politics to agree, but somehow remains above the fray. does brett kavanaugh's being seated on the court challenge what she said the court stands for and should be perceived as? >> there's no question, just by virtue of his last testimony before the senate judiciary committee and his attack on the left wing conspiracy and on groups that were opposing his nomination coming out as an extreme partisan is not a good thing for the court. now, keep in mind, in the past, we've had people appointed to the court that weren't even judges. you had earl warren who is a republican governor of california that was appointed by dwight d. eisenhower. you had arthur goldberg who is an experienced lawyer who was appointed by john f. kennedy. maybe it was lyndon johnson to the u.s. supreme court. they were not coming in as extreme partisans. in fact, their decisions on the court sh

justice brett kavanaugh took his seat today, alongside elena kagan, and his wife and daughter daughtersd a number of questions about a case of increased sentences for repeat offenders. fingers of blame are being pointed in several directions after the limousine crash that killed 20 people in upstate new york on saturday. relatives of the deceased driver said today they believe the car was unsafe. the governor has said the same. but in an interview with cbs news, a lawyer representing the limo company said all safety issues had been corrected. he told the "albany times-union" the driver may have misjudged the intersection. the nominations are in for the rock 'n' roll hall of fame class of 2019. ♪ crack that whip devo, an early mtv staple, is among six first-time nominees. that includes todd rundgren, roxie music, and 80s metal band def leppard. ♪ pour some sugar on me >> glor: as well as stevie nicks, already inducted with fleetwood mac. ♪ just like the white winged dove ♪ sings a song sounds like she's singin' ♪ >> glor: nine others return to the ballot. it is janet jackson's third nomi

justices elena kagan and ruth bader ginsburg joining samuel alito and clarence thomas for the ceremony. deep divisions remain. republican susan collins, whose vote proved decisive, told "60 minutes" that she now has a security detail because of threats she's received. and while she believes christine blasey ford is a victim of sexual assault, she says she's also convinced kavanaugh was not her attacker. >> i believed a sexual assault had happened to her. what i think she's mistaken about is who the perpetrator was. i do not believe her assailant was brett kavanaugh. >> reporter: north dakota democrat heidi heitkamp, representing a state where president trump is popular, is poised to pay a political price for voting no, but she says it was a matter of conscience. >> do i have work that i want to continue to do? absolutely. do i want to compromise my principles and my conscience for that job? no. >> reporter: but tonight, judge kavanaugh is justice kavanaugh, addressing the nation for the first time as a member of the supreme court. >> the supreme court is an institution of law. the just

justice brett kavanaugh took his seat today alongside elena kagan. and as his wife and daughters watched, kavanaugh asked a number of questions in case about increased sentences for repeat offenders. >>> fingers of blame are being pointed in several directions after the limousine crash that killed 20 people in upstate new york on saturday. relatives of the deceased driver said today they believe the car was unsafe. the governor said the same, but in an interview with cbs news, a lawyer representing the limo company said all safety issues had been corrected. he told the albany-times union, the driver may have misjudged the intersection. >>> the nominations are in for the rock & roll hall of fame. class of 2019. ♪ crack that whip >> devo, an early mtv staple is among six fist time nominees. that includes todd rundgren, and def leppard. as well as stevie nicks, already inducted with fleetwood mac ♪ sings the song like she's singing ♪ >> nine others return to the ballot. it is janet jackson's third nomination and rapper ll cool j's fifth. ♪ don't call it

the way, he is seated next to justice elena kagan. >>> a day afterhe ceremonial swearing in, it appears voter registration of young people is on the rise and it may be thanks to pop star taylor swift. we told with you her political message on instagram yesterday. she warned others they need to register others if they want voice in vember. she said 65 young people and 45,000 older people have registered since her post on sunday. >> her nemesis, kanye west, have you heard of him? >> yes. >> he is going to the white house this week. >> we'll talk about what is on tap for that lunch meeting on >>> and we are still on the scene of a crash with teenagersh we just learned. >>> and a deadly crash in upstate new york has many wondering if their rented wondering if their rented vehicles are safe. wondering if their rented vehicles are safe. (music throughout) z2ydpz z16fz y2ydpy y16fy >>> state of emergency. eis time tomorrow, this florida beach scene isected to look a whole lot different. hurricane michael will likely have mad landfall by then. storm team 4 is watching it. doug joins us in a few

justice elena kagan said that in her interview. gaping hole when you don't have someone in the center. >> well, republicans and democrats just weathered a brutal political battle, now that that battle is over, our phil mattingly takes a look at what's next and the move in the nation's capital. >> reporter: brett kavanaugh has been confirmed. brett kavanaugh has been sworn in, brett kavanaugh is now a justice in the supreme court. one of the most bitter i've ever seen for nomination ever. what happens next to the senate, what happens next to the supreme court, what happens next politically? you get a gauge of that in just about a month with the midterm elections. the question is what kind of impact does stlis. there's no question it has rallied the basis, the basis of both sides. will it help one or the other, it's something that senator mitch mcconnell weighed in on. take a listen. >> our base is fired up. we've finally discovered one thing that would fire up the republican base and we didn't think about it. i was talking to of our

nile sorry guch, -- neil gorsuch while 62 senators voted in favor of elena kagan. we are will go to michael what is in springfield, new jersey, michael, good afternoon, what's your reaction to this vote, michael? >> i couldn't be any happier. >> host: tell us why? >> caller: democrats reached a new low and thank god for president trump who stood behind them. he made it through. i mean, what they did to this poor man and his family and if anybody that has any normal sense doesn't know that this was a complete scam on the liberal side they need to stop drinking the kool-aid, i couldn't be any happier, if i knew where he lived i would go over and shake his hand brett kavanaugh, i should say supreme court brett kavanaugh. >> we just heard mcconnell shortly after the senate went out and he said that he talked to a couple of his pollsters, political strategists and they told him this is turning our base on fire, are you motivated to vote in the midterm elections, 31 days away because of this? >> caller: absolutely. we need to keep -- it would be nice to have the congress

justice elena kagan said that in her interview.ore kennedy we had o'connor, and that leads a gaping hole. >> the president is live at his rally. these are imaging in topeka. let's listen for a moment. ♪ from sea to shining sea ♪ from detroit down to houston ♪ and new york to l.a. ♪ where there's pride in every american heart ♪ ♪ and it's time we stand and y say ♪ ♪ that i'm proud to be an american ♪ ♪ where at least i know i'm free ♪ ♪ and i won't forget the men who died ♪ ♪ who gave that life to me ♪ and i gladly stand up next to you ♪ ♪ and defend her still today ♪ because there ain't no doubt i love this land ♪ ♪ love this land ♪ god bless the usa ♪ and i'm proud to be an american ♪ ♪ where at least i know i'm free ♪ ♪ and i won't forget the men who died ♪ ♪ who gave that right to me ♪ and i gladly stand up ♪ next to you and defend her still today ♪ ♪ because there ain't no doubt i love this land ♪ ♪ love this land ♪ god bless the usa [ cheers and applause ] [ chanting ] >>> hello, kansas, thank you very much. hello, kansas. tha

elena kagan recused herself in opinions that involved matters before the justice department when sheked there as solicitor general. it's entirely up to brett kavanaugh to decide whether to recuse himself. if he fails to do so, i think any decision he makes will lack legitimacy. >> some people believe that clarence thomas spent the last x many years getting even with the democrats that he wouldn't have been so forceful conservative had he not been beaten up as he felt he was by the democrats when he came up for confirmat n confirmation. >> he was a conservative nominee. he's been a conservative justice. he's been exactly what those who supported him expected him to be. >> happy with about this guy? do you think he's going to show bitterness toward the way he was treated as he sees it. >> i wouldn't expect him, too. he's going to be a conservative justice. that's why he was nominated. we're never going to see a republican nominee who is not conservative. on the other hand, he was a kennedy clerk. that doesn't mean anything necessarily. but he does have a relationship with justice kenne

elena kagan sits down for a conversation with the head of the american bar association and that is followed by president trump holding a campaign rally on wisconsin on behalf of the evoke mere and scott walker seeking reelection. >> jodey pico is our guest. november 4 at noon eastern. other books include all great things, the storyteller and 20 more novels. she has written five issues of the wonder woman comic book series for dc comics. live sunday,h november 4 from noon to 3 p.m. eastern watch month when brad meltzer will be our guest, on c-span2. >> with 13 days until the election, the fed is your primary source for campaign 2018. next, a look at the racing kansas between republican steve watkins and democrat paul davis. they are running for the seat of lynn jenkins who is retiring. politico as the race listed as a tossup. this is 35 minutes. >> this is a 13 news national election 2018 presentation. >> welcome into this election 2018 special coverage from 13 news.

year-old justice will take his seat on the far right of the bench right next to associate justice he elena kaganired him to teach at harvard law school when she was dean of the law school. the question whether undocumented immigrants can be detained during proceedings. that case involves an illegal alien with a criminal record who is no longer in custody. the president will have that swearing in ceremony for his newly minted justice kavanaugh, and his first day on the job is coming up tuesday bright and early. arthel: some liberal progressive groups calling for the impeachment of justice kavanaugh. the top democrat on the hughes judiciary committee is pledging to investigate the justice if democrats win back the house in november. congressman nadler saying we'll have to do something to provide a check and balance to protect the rule of law and protect the legitimacy of one of our most of important institutions. but democratic senator chris coons suggesting his colleagues should pump the brakes. >> we are less than a month away from an election. folks who feel strongly one way or the other about

i mean, i would like elena kagan's words to be true, but they are not. ever since the famous florida chad overturning of gore's popular vote victory, the court has been seen as deeply political and partisan. now, not on every issue, but we still fight in america about moral issues that the rest of the world seems to have put to bed. issues like the death penalty and abortion. and this is one of the great reasons donald trump was elected president i believe because even republican women who were not happy with what he has been saying in the campaign about women did not want hillary clinton nominating supreme court justices, they wanted a republican doing that. so, you know, here we go. is it a partisan court? of course it is. >> all right. well, you say here we go. looking ahead, what are some of the cases where mr. kavanaugh could have the greatest impact should he be confirmed? >> i'm not sure because i haven't studied the court. but one of the clear cases that trump had talked about during the campaign was roe vs. wade, which is the famous case that fo

i shook hands with elena kagan today. i'm so impressed with her, i don't agree with a lot of her jurisprudence but she's a woman who went to the highest court in the land. what is this, what's happening? >> i worked with justice kagan in the white house and i agree, she's a phenomenal person. she was the dean of the harvard law school when now justice kavanaugh was hired. >> laura: he can't go to a university and speak, he can't teach as a -- you know, two or three classes at a law school today. he realized that, right? >> pepperdine might take him. >> i think the discourse has gotten so acrimonious, we are all sitting here having a civil conversation but it's getting harder to do that and that's a shame. i do think though that thou shall reap what thou dost so. when you have a president that thrives on division -- >> i thought it was more divided after eight years of obama. beco i think the rhetoric of both men speaks for itself so you can throw barbs and i can throw barbs and we can talk about what started it but we can

do you think of justice stevens coming out the other day at age of 98 on the eve of the vote and elena kagan and justice sotomayor yesterday and kagan said the following, put the words on the screen. it's been extremely important thing in the court the last 40 years starting with justice o'connor and king with justice kennedy there's been a person who found the center where people could not predict in that sort of way and i think forward forward that sort of middle position it's not so clear whether we will have it. >> i respectfully suggest that this is part of the problem with the court. the reason that we have the protesters outside, the reason that this process has been so vicious at times is because the court has assumed a place in our society and in our government which is not the place that was the intention of the framers. i think if what our expectation was was we had nine legal craftsmen who were expert at figuring out what the precedence were and were applying those faithfully to the facts, there wouldn't be a single reason to have a single person outside demonstrating the supreme

you had to wonder what was going through elena kagan's mind or ruth bader ginsberg's mind, but then started calling out people like mitch mcconnell making some pretty audacious statements in terms of apologizing to brett kavanaugh on behalf of our nation. yes, this is what the president does. he's the president of the united states, that is the president of everyone. after such a searing, emotional -- for a lot of americans looking ourselves in the mirror as a people, in terms of how we deal with justice, how we treat women and men in this country. and, you know, trying to -- usually a president is healing in that moment and apologizing to kavanaugh on behalf of the nation, it felt again like a trump orchestrated political event. and it was -- i've never seen anything like that. >> yeah, i mean, his words were -- i mean, just a shade off of some of the attacks that the president has laid out even earlier today, he called democrats evil this morning, and then this evening, he says, apologizing to brett kavanaugh, a campaign of political and personal destruction based on lies and deception. a

despite the polarizing confirmation fight, the justices made a show of solidarity, with two liberals, elena kagan bader ginsburg, and some y'attending y saturday. >> now your accuweather forecast with spencer christian. >> okay. sunny skies right now, and clear skies overnight with just a patch or two of coastal fog. overnight lows, going to be in the mid 50s. tomorrow, another warmer than average day, but a little cooler than today. highs in the low to mid 60s on the coast. mainly mid 70s around the showline. and low 80s tomorrow. here's the accuweather seven-day forecast. further cooling on wednesday. on thursday, we'll see temperatures bounce back a couple of degrees and another warming trend develops at the end of the week, taking us to the end of the weekend. highs back in the mid 80s inland. 60s on the coast. krissen? >> spencer, thank you. >>> our coverage of the north bay wildfires continues one year later. dan? >> kristen, thank you very much. live from santa rosa once again, the fountain grove community so devastated by the fires. as we continue, a look at post traumatic stress. the roa

. >> and what about the other justices, because already justices elena kagan and sotomayor has sd that it cld damagehe crt, anthe are people who areup impartia he to work together in very -- and they ar together. and explain a little bit about that? >> well, they have a tradition that tomorrow morning, tuesday morning after the holday, he going the take the bench with them, and the tradition is to shake hands ahead of time, and justice ginsberg is going to the have hard time to shake hands, and otherwise they know they have to work together for a long time. you play with the cards that you are dealt is the philosophy up there, and whoever is there, the president and the senate confifrmed, and they have to work with them. >> so, a lot of concern or questions about justice kavanaugh are about roe v. wade and will his confirmation affect abortion, there is another case that there has been a lot of news coverage about which is gamble versus the united states which is supposed to be decide on this term, and maybe you can help us to explain or understand a little bit better, because if gambl

he was literally hired as a lecturer by elena kagan, another supreme court justice. she hired him and went out of her way because she so respected him as a journalist and a thinker. then suddenly someone who devoted so much of his life to building these bridges, this is where we find ourselves. it's an extraordinary testament. when you look to brett kavanaugh testimony, in a way you see someone who said enough is enough. i thought that i was someone who built genuine friendship. i thought i was someone who built and cultivated this trust with folks on the liberal left. instead you have this experience that for him must've been so fearing you see this happening too so many conservatives right now. people who felt they hand bridge these divides and now feeling perhaps that's not the case. >> i had that feeling this week. i had that feeling this week. >> look. steve, obviously, i am mad. i've been honest about this all week and the only thing i agree with what richard said is this is about merrick garland and political retribution for democrats and what disturbs me is t

this is justice elena kagan on the makeup of the court. >> in the last really 30 years starting with justice o'connor and continuing with justice kennedy, there has been a person who people -- who found the center or people couldn't predict in that sort of way. that's enabled the court to look as though it was not owned by one side or another, going forward, that sort of middle position, you know, he it's not so clear whether we'll have it. >> so whatever the disagreements harry, among the justices, how important is it that the court, that the supreme court be perceived as not owned by one side or the other. >> i mean, it's everything. going back to what doug said about the fdr effort, the reason that came about, i mean it was considered ill advised. the reason it came about, that was the last time we had the same kind of five-person hegemony. what happened is you ceases to listen to the other side. you're going to be wasting the talents and thoughts of kagan and sotomayor and breyer and ginsburg. that court was the one that became greatly discredited, the so-called lochner court. af

. >> justice sonja and elena kagan gets tonight's last word. with brian williams start now. >>> the decisive moment came from susan collins from maine. now the question and controversies that won't go away. what about dr. ford's system and millions of americans she spoke for. what about possible pay back at the polls months from now in eurphori eurphoria. "the 11th hour" begins now. >> good evening, here on day 624 of the trump's administration. just like that they say it is all over, brett kavanaugh appears to be poised to be the next justice of the supreme court. we have some breaking news from the new york times tonight and we are standing by to talk to one of the reporters, breaking the story in just a moment. about today, we may now have a new benchmark for the division in our country.

elena kagan who of course is an obama appointee. she stressed importance of the impartial ya chutiality of the court. take a listen. >> part of the court's legitimacy depends on the people not seeing the court in the way that people see the rest of the governing structures of this country now. in other words, people thinking of the court as not politically divided in the same way. it's not an extension of politics. but instead somehow above the fray. >> duoug, do you think the supreme court is becoming more partisan or the nation is more tee sided so we're paying more attention to it? >> i think it's been like this all along. obviously, it has up, and downs. i'm a scholar of frank lylin roosevelt and, you know, he famously tried to pack the supreme court, go from 9 justices to 15. and he had a big impact, fdr, for generationings. you wouldn't have the 1960s counterculture movement without supreme -- people like william o. doug has appointed by fdr, you know, to continue the progressive movement. so i think the court's been fairly po

he will sit next to elena kagan. this is one of the high profile cases you mentioned. but there are a lot of block bluster cases working their way through the lower courts. they will get here soon. keep in mind, with brett kavanaugh on the bench, this court is posed to take a hard right turn now. as for chief justice john roberts and other justices, there are concerns after those hearings about the reputation of the court. all the sitting justices went to that white house ceremony last night. they were there to support brett kavanaugh for sure, but also it seemed like it was a show of force to show that the court isn't this partisan institution that seemed to come out during those hearings. as for brett kavanaugh, he has done something that no other justice has ever done. he has hired four female clerks. all alistening, he said he wanted to push for the advancement of women in the legal field. of course, it comes off those allegations of sexual misconduct that he has to categorically denied, jim and poppy. >> can you just lay out for our viewers how extraordinary it wa

. >> justice sonja and elena kagan gets tonight's last word.our" with brian williams start now. >> good evening, here on day 624 of the trump's administration. just like that they say it is all over, brett kavanaugh appears to be poised to be the next justice of the supreme court. on this front, we have some breaking news from the "new york times" tonight. we're standing by to talk to one of the reporters breaking the story in just a moment. about today, we may now have a new benchmark for the division in our country. in one of the more dramatic days ever witnessed in washington, the nation watched as the senate voted to move his nomination to a final vote. his confirmation is expected to be approved tomorrow. we saw two key senators who have been publicly undecided until today came out and say how they'll vote on kavanaugh. this is obviously a huge win for the president. we'll begin with the look of how the day unfolded on capitol hill. >> senator grassley, do you know how this vote is going to go today?

elena kagan was accused of it being either lying or misrepresenting facts and her background. particularly in terms of work with the health care litigation. whether or not that has a substance or not, it gives an example that anyone can claim to have a do over and the court would then become vulnerable to political pressure. the very thing that they want us to avoid. >> shannon: we will watch and wait. that would require brett kavanaugh to get confirmed and we have many steps to go. professor, thank you for coming in. good to see you. ed alluded to this early, indicating a potentially strong kavanaugh affect heading into midterms. some red states where the democrats are playing defense. president trump is hammering away at his rally. >> they want to get the power that they so desperately crave that was taken away from them. >> shannon: stick around, standing by as ed. later the first lady visits africa, her first solo international trip. we will tell you all about why she is going why this could be a telling moment for her in a spotlight. ♪ they work togetherf doing important

justice elena kagan sang "shattering glass ceiling after glass ceiling, she showed how women could takeder ginsburg saying "she strive mightily to make a momentous moment for women in 1981 no longer extraordinary but entirely expectable. i am among legions of women endeavoring to follow her lead." the other female, justice sonia sotomayor equally a glowing statement from her but she docked about how the fact that she's on the board of civics, a group your mother started. to make sure all of us have a better education about how our country works and runs on why it's important we would actually understand it. >> yes. my mother was very concerned after retiring from the court about the state of civic knowledge that most americans face. and understand. literally one-third of americans can actually name all three branches of government. she wanted to do something about it. at age 79, she started an educational software company that's all about teaching of civics in an exciting way for young people, using interactive games. makes learning and civic engagement fund and relevant. starting from