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

is the late justice, john paul stevens. went on to lead the course of the liberal way for decades. n987, it was an encore performance, menomini from president reagan was savaged by liberal groups. the president of one left wing group insisted he was sexist and disaster for women that would be anthony kennedy. once again, the skies do not fall. when justice kennedy retired in 2008, the new head of the same liberal organization stated they were alarmed by his retirement. the same said the sky was falling in the 80s because justice kennedy was nominated. the sky was falling in 82018 because he was retiring. in1990, the got them back togetr again. this time the sky was falling will sure president bush picked someone whose record was very troubling. this prudence would surely threaten to undo advances made by women, minorities and other disadvantaged groups. this would mean ending freedom for women in this country. talk about wearing out the volume was future justice, dav david, by the way. one simply said, listen to this, scott, stop that or women will die sooner or women will die. he

because as of today there are 23 days until november 3104 days until the end of the congress john paul stevens was confirmed by the senate 19 days after the body formally received his nomination nomination. nineteen days start to finish. justice sandra day o'connor and another iconic jurist was confirmed 33 days after her nomination. the late justice ginsburg herself it was just 42 days. justice stevens entire confirmation process could've been played outbe twice between now and november 3rd with time to spare. and justice ginsburg herself could've been confirmed twice between now and the end of the year with time to spare. the senate has more than sufficient time to process the nomination. history and precedent make that perfectly clear others want to claim the situation of justice alito is one - - justice scalia's passing so we should not proceed until january this is completely false this is what i said on the very first session the day after justice scalia passed the senate has not filled the vacancy when there was a divided government since 188-8130 years ago. here is what i said the next

the late john paul stevens was confirmed by the senate 19 days after the body formally received his nomination. 19 days from start to finish. o'connor wasa day confirmed 33 days after her nomination. the late justice ginsburg herself, 42 days. entire process could have been played out twice between now and november 3 with time to spare. justice ginsburg could have been confirmed twice between now and the end of the year with time to spare. the senate has more than sufficient time for nomination. history and precedent make that clear. situation is in nablus to justice scalia passing -- is analogous to justice scalia's passing and this is false. here is what i said on the senate floor the first session, the day after he passed away. the senate has not filled a vacancy with the election year when there was a divided 1888, almostnce 130 years ago. here is what i said the next day when i spoke to the press for the first time on the subject. you have to go back to 1888 to was the last time i vacancy approved by the senate of a different party. as of then, only six prior times in the history has a va

back on the legacy of john paul stevens with perspectives from his former law clerk. >> he knew his job was to do what he felt was right under the law. be honesthat but to about his understanding about what the law commanded was. eastern,day, 8 p.m. manicotti, mick mulvaney on how they dealt with crises during their respective administration's. informationssing of becomes extraordinarily as important when you are dealing with crises and you have to stick to the process of the chief best created and hope -- the chief has created and hope the president is getting all the information they need to get the right decision. >> watch c-span this labor day weekend. a campaign event with president trump at the winston-salem north carolina airport. life coverage begins at 7:00 p.m. eastern on c-span. senator edsetts markey spoke to supporters after defeating challenger representative joe kennedy in the democratic u.s. senate primary election in that state, afterwards we'll hear from congressman kennedy. [applause] >> thank you, guys. thank you so much, thank you. good evening everyone, thank you f

the late iconic justice john paul stevens, was confirmed by the senate 90 days after this body formally received his nominations. nineteen days from start to finish. justice carter, another iconic juror, was confirmed 33 days after nomination. millie justice ginsburg herself, it was just 42 days. in justice stevens entire confirmation process could've been played out twice between now and november 3rd. with time to spare. and justice ginsburg herself could've been confirmed twice between now and the end of the year with time to spare. the senate has more than sufficient time to process a nomination. history and precedents make that perfectly clear. others want to claim the situation is exactly the passing in 2016 and so should not proceed until january. this is also completely false. on the senate floor the very first session. the day after justice scalia past. the senate has not filled the vacancy arising an election year when there was a divided government sense 1888 almost 130 years ago. here's what i said the next day when it spoke to the press for the first time on the subject. if

justice john paul stevens, in my tenure on the court, justice john paul stevens and dave suitor, bothinted by president ford. and suitor was appointed by -- was bush. >> president bush. first bush. >> and i guess, if you would rank the court, who are the most liberal justices, they would turn out to be david stevens and suitor. >> what the court did today is devastating for women. >> i think two of my old chief -- chief justice rehnquist. in the '70s, when i was arguing on cases, i could count on him to be in dissent. the miranda warnings that you have to give someone who is reacted. he criticized it, many times. then, we had a case where the question was should miranda be overruled? and the chief wrote an opinion saying no, it has become a part of the culture that the police have to tell you you have a right to remain silent. if you speak, whatever you say can be used against you. you have a right to have a lawyer and, if you can't pay for one, the state will provide one. those, the chief said, have become part of our culture. and it's working. all, a huge surprise to me. he was on m

. >>> and now on c-span3, a conversation with former supreme court clerks on the legacy of john paul stevens from the bar association of san francisco. it is about an hour, 15 minutes. >> hi, everyone. good evening, thanks so much for coming to tonight's program. the impact of justice john paul stevens. my name is ben feuer. i'm also the chairman of the appellate section of the bar association of the san francisco which organized this event. i would like to extend a welcome to members of a few groups who are cosponsoring tonight's program, the ninth judicial historical society and the american constitution society bay area chapter. i'd like to welcome c-span which is brother aadcasting the discu tonight. in ten years or so that i've been putting on programs like this, this is the first time c-span has come. so we've made it. but truthfully, i think c-span has some of the most interesting programming on all of television, at least when congress is out of session. and so i recommend you check it out, if you don't already. before we begin, i would like to ask everyone to put their phones on vib

the late iconic justice john paul stevens was confirmed by the senate, 19 days after this body formally received his nominations. 19 days from start to finish. >> it is not only justice john paul stevens who got confirmed quickly. after being nominated by president bush in 2,005, justice sandra day o'connor, 33 days. ruth bader ginsburg herself was confirmed just 42 days after she was nominated by president clinton. the democrats say they are going to throw everything they can at this to try to block the nomination. senator chuck schumer on the senate floor. >> hundreds of millions of americans, this vacancy on the supreme court but it's everything on the line. leader mcconnell and the republican senate majority have no right to fill it. >> well, they do have the absolute constitutional right to file just as the president has the absolute constitutional right to put forth a nominee. whether he should do it all depends on which side of the political aisle use it. >> neil: that position can change as it has from both sides over four years. john roberts at the white house. 25 times preside

john paul stevens went through 16 days start to finish.andra day o'connor went through 30 days, and ruth bader ginsburg went through 42 days start to finish. >> brennan: you don't think it is about the election? >> well, i certainly think that there is an imminent election, and obviously everyone is talking about the election. but when a president makes a nomination, he is obligated to do so. and this has happened 29 times in history, where there has been an election year nominee. it has happened before and it will probably happen again. even justice kennedy, who many hold up as a model justice, was confirmed and appointed in 1988. so this deal that somehow this is out of the norm simply doesn't ring true. >> brennan: when you were at the white house, this was your project. and looking at pew -- >> one of many. >> brennan: one of many, fair. but president trump -- we'll get to that. but president trump has appointed more federal appeals court judges to date than any other recent president. he is not sitting around reading legal briefs. the

supreme court nominations have had hearings within 16 days justice burger was confirmed in 17 john paul stevens9 days. there is nothing unusual about the time. we've never confirmed anyone in the election year after july but i expect they will show up and challenge judge barrett about the law and ask her questions about her faith and if it influences her decision-making the government can establish a religion we all like them thinking one religion over another they camp their faith or not at all and the constitution guarantees to religious preference cannot be used against you if you are chosen for a job like this i expect those to fall in place and i expect her to be confirmed. judge: how long before you think she will be confirmed? >> i hope to get her out of the committee by october 26 to follow the normal rules will have to ask mitch mcconnell what to do under that we will have four days of hearing then hold over the committee and then it's up to mitch mcconnell. judge: quickly have you spoken with judge barrett since the nomination? >> yes. she called me and senator feinstein. a very pleas

supreme court nominations have had hearings within 16 days justice burger was confirmed in 17 john paul stevens 19 days. there is nothing unusual about the time. we've never confirmed anyone in the election year after july but i expect they will show up and challenge judge barrett about the law and ask her questions about her faith and if it influences her decision-making the government can establish a religion we all like them thinking one religion over another they camp their faith or not at all and the constitution guarantees to religious preference cannot be used against you if you are chosen for a job like this i expect those to fall in place and i expect her to be confirmed. judge: how long before you think she will be confirmed? >> i hope to get her out of the committee by october 26 to follow the normal rules will have to ask mitch mcconnell what to do under that we will have four days of hearing then hold over the committee and then it's up to mitch mcconnell. judge: quickly have you spoken with judge barrett since the nomination? >> yes. she called me and senator feinstein. a very ple

eastern, a look back at the legacy of the late supreme court justice john paul stevens, with perspectives from his former law clerks. >> he knew his job was to do what he felt was right under the law. not only that, but to be transparent and honest about his best understandings about what the law commanded was. >> on monday at 8:00 p.m. eastern, former white house chiefs of staff to the past four presidents, matt mclarty, andy card, denis mcdonough, and mick mulvaney, on how they dealt with crises during their respective administration's. >> it's always important to a president or any leader, and becomes important when dealing with crises. process to stick to the and hope the president has empowered to make sure the president is getting all of the information they need to make the right decisions. >> watch c-span this labor day weekend. vice president pence talked about the administration's accomplishments over the last four years at a workers for trump event in pennsylvania. he also talked about the civil unrest kenosha, wisconsin. president trump won pennsylvania in 2016. ♪

justice john paul stevens was confirmed by the night train. to this body formally received his nomination the senate has more than sufficient to proffer of the nomination history and precedent. perfectly clear now justice ginsburg's death leaves a vacancy on the supreme court with only $44.00 days left before a national election that could result in a different president a vacancy that could determine the future of the supreme court for generations and make rulings that touch every aspect of american life reporters will no doubt cover the political machinations here in washington but for hundreds of millions of americans this vacancy on the supreme court puts everything everything on the line . anti-government protesters are back on the streets for a 2nd night in several egyptian cities these pictures are from shubra just north of cairo demonstrators are calling for president abdel fattah el-sisi to step down and for an end to what they describe as his military rule defying a crackdown that seen more than a 1000 people arrested since saturday.

john paul stevens was not edited and confirmed in 19 days, chief justice john roberts and 24.justice sandra day o'connor in 33. times were different backthen and they are now, and you do it in 37 days ? >> we certainly believe we can. you've heard mystic wordfrom senator graham . >> how will you do it? >> we will go about it the way we always have i putting together a textual originalist the american people will appreciate and will get through the approval process, the nomination confirmationprocess i say quite quickly .>> two quick questions, on the 200,000 deaths, will the president recognize that publicly today . at his feet or on twitter? is this something that he would like to express remorse over or something to people who have lost? >> the president throughout this candidate has done just that. he said before thinking of even one life lost. this president has taken incredibly seriously and what nissan is he's worked harder than everyday. he puts his head down and i think that's very evident in the administrations historic response, the largest mobilization of the privat

john paul stevens was confirmed and 19 days. justice sandra day o'connor in 33. can you do it in 37 days? >> we certainly believe we can. we heard optimistic words from senator graham. we will go about this by putting forward a constitution organizationalist that we believe the american people will appreciate and get through the approval process and nomination confirmation process quite quickly. reporter: on the 200,000 deaths will the president recognize that publicly today? and on twitter, is this something that he would like to simply emorse over or to people -- >> the president has done just that. he has said before that it keeps him up at night thinking even one life lost. he has taken this incredibly seriously. he has worked harder each and every day. he works hard and puts his head down and that isest dent, the largest mobilization of the private sector since world war ii. and got working therapeutics to the american people. this is the fastest pace for a vaccine in history as we seek to reach that goal by the end of the year. the president takes this seri

. >> as we've been talking about the last 24 hours, just as john paul stevens holds the record in 19 days, if you remember in 2005, the confirmation, the chief justice passed away and president bush renominated roberts to be the chief justice. that confirmation went through in 24 days and of course sandra day o'connor after reagan nominated her with three and 33 days. the current average is somewhere around 50 days as to whether or not they can get it done within the 30 days that they have, here's what kayleigh mcenany said. >> we will go about this the way we always have it by putting forward a constitutional originalist that we believe the american people will appreciate and get us through the approval process for the nomination process i should say quite quickly. dana will move and high water to get it done but there's a lot to get done between now and november the 3rd. >> dana: time is me. okay, thank you so much. democrats calling for extreme measures in response to president trump's pick including packing our nation's highest court. court. congresswoman liz cheney reacts, next.

you had rpg when she was confirmed 42 days, john paul stevens 19 days, so the process can go a bit moreut appeared talking on averages it is 30 days to the hearing and another 32 the confirmation vot vote. >> so last question, joe biden doubt there's no way he will release his list of cabinets to fill the seat. what's your message to him? >> i have talked with some of my friends who are democrats today, and they think it is imperative that he release his list. they cannot imagine that he would not release releases list because he said he had quite a lengthy list of women and african-american women that he wanted to consider and so, i think everyone is waiting for him to reveal his list. >> well, we certainly would be owning the pressure on. senator, so great to see you. so great for your insight. >> it's wonderful to see you. thank you steve. >> joining me now fox news contributor and president of independent women's voice, tammy bruce and turning point founder charlie kirk. tammy we will have lots of time to talk about the supreme court issue and so on. i just want to throw you back to

you should have heard the things they said about john paul stevens or david souter, republican presidential nominees, both turned out to be big liberals, difficult to predict how somebody is going to. when they put the black robe on as chief justice roberts ever justice neil gorsuch said last year they don't wear red robes or blue robes, they wear black robes. shannon: we want to talk about the breonna taylor case out of your home state of kentucky and the president's talk about transfer of power. you try to stay ahead of the mess but scrubbing still takes time. now there's powerwash dish spray it's the faster way to clean as you go just spray, wipe and rinse it cleans grease five times faster dawn powerwash. spray, wipe, rinse. ♪ here? nah. ♪ here? nope. ♪ here. ♪ when the middle of nowhere... is somewhere. the all-new chevy trailblazer. ♪ .. shannon: welcome back to exclusive interview with mitch mcconnell. let's pick up where we left off. i want to talk about your home state or using devastating images from louisville, people reacting to the grand jury decision in the breonna taylor case

justice john paul stevens was confirmed in only 19 days back in 1975. 005 john roberts was confirmed as chief justice in 24 days. in '81 sandra day o'connor was confirmed in 33 days. senate majority leader mitch mcconnell is standing firmly behind president trump. the senator says he's moving the nomination forward as soon as the president makes his decision. for details on the president's choices, we turn to fox news correspondent david spunt in washington. >> reporter: lou, if the president has his way, the fifth woman to sit on the supreme court will be installed in the coming months. our sources at the white house are telling us to specifically watch three names. one, judge amy coney barrett with the 7th circuit court of appeals based in chicago, but she lives in south bend, indiana. she's a devout catholic and mother of seven children. she was nominated to the appeals court in 2017 by president trump and a year later he personally interviewed her for a position on the supreme court. he ultimately went with brett kavanaugh. she's a known conservative

modern-day speed record for confirmation belongs to justice john paul stevens back in 1975 when you weretill kicking slats out of your crib, he was confirmed 19 days from nomination to the final vote in the senate. by that measure, president trump has all kinds of time. john roberts took 24 days, a little bit of an asterisk because he had previously been nominated for the position of associate justice and president trump change that to a nomination for chief justice but that wasn't until september the 5th that he was confirmed. sandra day o'connor, 33 days from nomination to confirmation, ruth bader ginsburg, 42 days. if president trump sanchez nominee up this weekend it will take 38 days before the election to get it done. what the president is looking for in a nominee, here's what he said this morning. >> we are looking for somebody who is brilliant, really understands the law and abides by the constitution and a good person, we are looking for a good person who is really been somebody that has very, very high moral values. >> who fits that bill? the top contenders are amy coney barret

after justice john paul stevens retired in 2010, ginsburg became the most surface her colleagues. she didn't slow down. steven colbert discovered that the hard way trying to keep up with rbg's tough work outs. >> i'm cramping. i'm working without an 85-year-old woman. >> reporter: ginsburg hired a trainer after colorectal cancer in late '90s. then they discovered cancerous growth on her lung. the surgery was successful but the recovery caused her to miss oral arguments at the supreme court for the first time in her career. she was treated several times for pancreatic cancer but stayed up on her court work even after losing her husband of 56 years to cancer, ginsburg was back on the bench the next morning. >> i love the work that i do. i think i have the best job in the world for a lawyer. i respect all my colleagues and genuinely like most of them. >> reporter: her best friend on the bench was the late justice antonin scalia, her ideological opposite. >> what's not to like? except her views on the law, of course. >> reporter: they shared a laugh about ginsburg drinking wine before

after justice john paul stevens required in 2010, ginsburg became the most senior of her liberal colleagueskeep up with rbg's famously tough zblorkwork >> i'm cramping. >> ginsburg hired a trainer after treatment for colorectal cancer in the late '90s. in 2018, doctors treating the justice for broken ribs discovered cancerous gratuitous on her lung. the surgery was successful, but the recovery missed ginsburg to miss oral arguments for the first time in her career. she was also treated several times for pancreatic cancer. even after losing her husband, ginsburg was back on the bench the next morning. >> i love the work i do. i think i have the best job in the world for a lawyer i respect all my colleagues and generally like most of them. [ laughter ] >> her best friend on the bench was the late justice antonin scalia, her ideological opposite. >> what's not to like? [ laughter ] except her views of the law, of course. [ laughter ] >> they shared a laugh about ginsburg drinking wine before nodding off at the state of the union. >> i wasn't 100% sober because before we went to the state of th

let's take a look at some more memorable examples of the case of john paul stevens, and that's a little the sandra day o'connor, a 43 days, 4 42 ds for ruth bader ginsburg. the guy that literally wrote the book on all this, sandra day o'connor starts right now. tell me a little bit about that process, democrats saying it shouldn't be done, but it is going to happen. can it be done that softly come with the you refer back to the day with sandra day o'connor and some of these others? >> yes it can be. i agree it's going to be a lot of fear, but it can be done. my first thought on this as they should slow it down and i'll try to do a straight power play, but i changed my mind. trump has his choice, but they have to have a choice. they have the votes with romney, and it can be done, it's doable. >> neil: we've had many in election years, but i just wonder if knowing her as well as you did i believe that she and justice ginsburg served together so they knew each other very, very well. they are kindred spirits, maybe not philosophically but maybe being women on the highest court. what do you

modern-day speed record for confirmation belongs to justice john paul stevens back in 1975 when you werer crib, he was confirmed 19 days from nomination to the final vote in the senate.

justice john paul stevens, i believe, from the day he was nominated to the day he was confirmed, i think, was just under 20 days, and ruth bader ginsburg, one of the more recent periods was 42 days from the time she was nominated go the time she was confirmed. the magic number in america is about 50 days. but on the whole, on average, from the moment of nomination to confirmation, usually averages and even the median is above 50 days. so you're going to see a lot of democrats pointing to those statistics that on average supreme court justices from nomination, con confirmation ta longer. keep in mind, even if it does wait until after the election, a lame duck congress, senate majority of rchs could still push this through sometime before jan. >> and, jamil, i know that supreme court justices don't weigh in on this stuff publicly, but having worked with them and knowing them, what would you like to have happen in this case? to wait until after the inauguration and everything gets settled? >> look. i think the remaining eight justices are focused on the family and life of justice ginsburg r

knowing about the contribution that she made and then the last ten years since the retirement of john paul stevensader of the progressive block in a very divided supreme court. >> indeed. with her passing coming just 45 days now ahead of an already heated presidential election, how will history judge this moment, the next 45 days coupled with that and then potentially the two months after that if we're looking at a change in this country from the white house? >> well, yesterday could turn out to be a very historic day, and i hope it doesn't become too historic in terms of causing problems and conflicts in this country that could be overshadowing everything for the next number of months. what if a contested election comes to the supreme court the next few months it will be very different unfortunately had ruth bader ginsburg survived and been a part of that. if president trump pushes through an effort to get a nominee confirmed, that would be the shortest period of time in which that had been done and closest to a presidential election really in modern history or most of american history something

you can't say there is a set timeline, john paul stevens, i recall, 19 days. he was confirmed.especially since the people on president trump's list have already been prevetted, they have been confirmed earlier. someone like amy economy coney barrett, is would be an excellent choice. charles: thank you both very much. by the way, folks the supreme court battle adds another twist in an already contentious election that is 43 days away. fox news contributor liz peek will give us her take on that next. with growing volatility ahead in the election which changes should you consider for your portfolio? we have the answers customizes your car insurance so you only pay for what you need? given my unique lifestyle, that'd be perfect! let me grab a pen and some paper. know what? i'm gonna switch now. just need my desk... my chair... and my phone. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ keeping your oysters growing while keeping your business growing has you swamped. (♪ ) you need to hire i need indeed indeed you do. the moment you sponsor a job on indeed you g

are stopping a confirmation and by that i mean going back to earl warren or william brennan or john paul stevensr harry blackmun or david souter, once a republican conservative gets on that bench may be justice roberts confirms that in some ways, maybe it's the oxygen of washington or the cultural pressures of that city were that liberal culture but they flip and note way that justice gager nor justice sotomayor will never vote conservative so this is not the end of it. it will go on and on. unfortunately -. shannon: yeah, you mention justice ginsburg and the calls for her to retire last time from the left and she was very firm about the fact that this was her life's work and life's passion and she did not believe someone who was grew up the way could get confirmed and she would stay there as long as possible and was very determined. she did overcome a lot of health issues and probably felt like she could continue to fight because she beat me on so many times. victor david hanson, always good to have your perspective. thank you. >> thank you. shannon: joe biden urging senators not to vote for th

the last ten years being the progressive leader of the supreme court after the retirement of john paul stevens, but this is probably one of the most famous supreme court justices in history, which can't be said for most of u worked on thisetsy, yo spend time with her, what was she like and where did the strength that she had come from? >> well, she was a very quiet person and yet, she had a great sense of humor, loved to laugh and i think at the core, her most important characteristic was determination. this woman was determined to do the job that she loved she loved being a supreme court justice. she loved the law and she gave it her all >> michael, you know, this is an era where there is so many divisions in the way that we view our politics. and some of the best stories being shared about ginsburg right now are about the remarkable relationship she can with one of the most conservative justices, justice scalia, what does that tell me us about that by gone era of politics >> they loved opera, had a wonderful personal relationship although they disagreed over just about everything politically

. >> justice john paul stevens holds the modern-day record for a confirmation, 19 days start to finish in 1975. chief justice john roberts was confirmed in 24 days. justice sandra day o'connor in 33. ruth bader ginsburg in 42 days. the senate has more than sufficient time to process a nomination. history and precedent makes that perfectly clear. >> democrats have vowed to do whatever it takes to prevent the nominee from going through, even taking another run at impeaching the president. >> we have our options. arrows in our quiver that i'm not about to discuss right now. the fact is we have a big challenge in our country. >> president trump says another trip down the impeachment road could actually help him. >> i heard yesterday if i do it, if i do it, they're going to impeach me. so they are impeaching me for doing what constitutionally i have to do. i think my numbers will go up. i think we will win the entire election. i think we will win back the house. >> democrats have threatened that if the president's nominee does get confirmed and democrats win back the senate, then "all thing

justice john paul stevens only took 19 days. runners here are women who have been confirmed by bipartisan majorities. it would be very easy to get through this process. you don't have to start from scratch. >> so, kiersten, does that add up to you. i know we've got you back. >> sorry, i got cut out for a second. just to respond what kerry said originally, it's not true there's never been a nomination in an election year. kennedy was in an election year. and the idea that the democrats were saying that the reason that you can't do a vote is because we're in an election year is ridiculous. that's not why they're saying it. they're saying it because of what mcconnell did with the scalia seat. republicans can either have this seat or they can have that seat. they chose to have that seat. but you can't have both. you're using completely oppositopposite reasoning for it. that's all the democrats are saying. you can't have both seats. it's not that you can't have either seats or you can't do it in an election. it's you can't do it afte

. >> you clerked for justice ginsburg and you got to the chance to interview her for a john paul stevens lecture in 2012. i wan to play a clip from that interview. >> now the perception is, yes, women, are here to stay. and when i'm asked when there will be enough. well whether there are nine. but there have been nine men and nobody raised a question about that. >> when there are nine women on the court. what did that moment mean to you? >> it is one of the many moments i will treasure for the rest of my life. that is the first time i believe she was asked that question. when will there be enough women on the supreme court. and it was classic rbg. when there are nine. there were nine men, why not nine women. and when justice ginsburg was on the court with sewna sotomayor and elena kagen, they were almost there. and her passing changes that equation. she was a fighter and champion for women and i learned so much from her. her perseverance, she was tough, she was incredibly smart and as you could see, very witty, we. e >> we're in the middle of one of the most did he vicive elections and i

you should have heard the things they said about john paul stevens or about david souter, republican presidential nominees, both of them turned out to be big liberals, so it turned -- it's very difficult to predict how someone is going to will because want to put the black robe on, as chief justice roberts said -- actually justice [indiscernible] said last year, they don't wear red robes or blue robes, they wear black robes. >> shannon: and that is what all americans should want. mr. leader, if you can stick around, we want to talk to you as well the breonna taylor case out of your home state of kentucky and the president talks about transfer of power. that's right after this quick break. ♪ it's totally normal to have constipation with belly pain, straining, and bloating, again and again. no way. more exercise. more water. and more fiber is the only way to manage it. is it? maybe you think... it's occasional constipation. maybe it's not. it could be a chronic medical condition called ibs-c, and time to say yesss! to linzess. linzess works differently than laxatives. it helps relieve

. >> and ron mcconnell said john paul stevens was confirmed in just 19 days. no one doubts that it is theoretically possible to confirm somebody from now until election day, which is 43 days away. i guess the question is not whether they could. it's whether they should. >> right. and of course the intervening, among the many intervening events was mcconnell holding open a seat for the entire election year of 2016. ted cruz said we should have an evenly divided court in an election year. didn't bother ted cruz or any of the republicans in 2016. they probably will find the votes to do this. as abby is saying, the universe of people beyond and once you get to mitt romney at 50/50, that next one gets very hard. but if they do, do this in this very limited time frame, particularly if republicans lose the senate and lose the white house, i think you are looking at kind of a crisis for the legitimate that you don't know exactly where it goes. this will be the third supreme court justice chosen by a president who lost the popular vote and confirmed by a republican sen

after justice john paul stevens retired in 2010, ginsburg became the most senior of her liberal colleaguesdid not slow down. stephen colbert discovered that the hard way and trying to keep up with her. >> i am cramping, working out with an 85 years old woman. >> reporter: in 2018 doctors treating the justice for broken ribs and discovered cancerous growth on her lungs. the surgery was successful but the recovery caused her to miss arguments at the supreme court for the first time in her career. she was treated for pancreatic cancer but always stayed up in court work. even after losing her husband, she was back on the bench the next morning. >> i love the work i do. i think i have the best job in the world for a lawyer. i respect all of my colleagues and genuinely liked most of them. >> reporter: her best friend on the bench was the late justice scalia. >> what's not to like? except her view of the law. >> reporter: they shared a laugh of ginsburg drinking wine before nodding off before the state of the union. >> i was 100% sober because before we went to the state of the union. >> we had d

time, she became the left ward flank of this court especially in -- after 2010 when justice john paul stevens retired and she became the senior liberal and was in charge of assigning usual the majority opinions by usually found her voice then. she actually became the notorious rbg after her 2013 descent in the case known as shelby county versus holder when the five justice conservative majority cut back on the 1965 voting rights act and with each year she doug in harder and harder on the left and frankly was more critical of president donald trump. you probably remember in 2016 when she ended up speaking a bit out of school saying he's such a faker. he has such an ego. she retracted the statements she had said to me in an interview but she's remained pretty harsh against him and during the recent trump documents cases at the supreme court, she noted that he still hadn't turned over his tax returns. so she only became more outspoken and moved more to the left, a sort of personal transformation. >> and she really did not want to have president trump be a president to fill a vacancy that she wou

they point specifically to saying she was confirmedg, in 42 days, and john paul stevens, who was confirmed in 19 days. that bng said, the president says he is going to nominate a .m he has five women on the final list. first is judge barbara lagoa, and e is a federal supreme court, a judge on the federal court of appeals in atlanta, georgia. in 2019, she became the first hispanic woman on the florida supreme court. anthe nt is judge amy barrett. court of appeals for the seventh circuit in she is a devout catholic, and thatmp prod tough questioning. and she is a former clerk for the latest justice an antonin scaliÍa. and next sup a sueme court justice and law schoolprofessor, and a federal prosecutor, and she once volunteered for the presidential ompaigns of joe biden and bob dole. >> woodruff: and we see that with somears ago. lisa, meantime, from the hill perspective, take usro h what the timing and the logistics are. could they actually g this done before the election? senate leader mitch mcconnell's office isin stressg it is possible to get this done before the elec aon. let's lowhat ne

justice john paul stevens in 1975 set the record for confirmation. 19 days from nomination to confirmation. justice john roberts the chief justice of the united states was 24 days. in 2005. sandra day o'connor 33 days in 1981. so the precedent is there. though none of those were right before an election. president trump is in moon township, pennsylvania tonight with an event at the pittsburgh international airport. hillary clinton won allegany county by 16 points but president trump won the count eels around there. he is hoping for a repeat so he can take pennsylvania. joe biden will be making finance calls in delaware. they're well above the trump campaign in terms of cash on hand. joe biden will be adding to that all during the day today. >> julie: lots of money out there. thank you so much, john roberts. trace. >> trace: for more on this let's bring in guy benson, political editor at town hall.com, fox news contributor and host of the guy benson show. he said this to a wisconsin television station it's a legitimate question but let me tell you why i'm not going to answer that question b

the late iconic justice john paul stevens was confirmed by the senate 19 days after this body formallyceived his nomination. 19 days from start to finish. justice sandra day o'connor, another iconic jurist was confirmed 33 days after her nomination. to the late justice ginsburg herself, it was just 42 days. justice stevens entire confirmation process could have been played out twice, twice between now and november 3rd with time to spare. and justice ginsburg herself could have been confirmed twice between now and the end of the year with time to spare. the senate has more than sufficient time to process a nomination. history and precedent make that perfectly clear. others want to claim the situation is exactly analogous to justice scalia passing in 2016 and we should not proceed until january. this is also a completely false. here is what i said on the senate floor the very first session, the day after justice scalia passed. quote, the senate has not filled a vacancy arising in an election year when there was a divided government since 1888, almost 130 years ago. here is what i said th

senator mitch mcconnell that the late justice john paul stevens was confirmed in 19 days. ginsburg, 42 days. welcome guy reschenthaler from house judiciary. great to have you on. what is your reaction in president going to back to george washington high court nominees to the senate 29 times. what is your take on this fight? >> thanks for having me on. when it comes to this fight, my take, it is what you said about precedents. presidents going back to washington have taken this action that president trump is planning to take. it has happened 29 times. everyone of those 29 times there has been a nominee put forward to the senate. what is so surprising now is just how unconventional the democrats have made this process. we saw it with kavanaugh. this is not the typical nomination process that we've seen in the past. it is because the democrats have continued to try to dismantle and destroy our system. certainly they're trying to destroy constitutional norms. elizabeth: yeah. issue is, you know, instead of trying to rip apart the system, why not have policies that get you elec