neil gorsuch has emerged as a maverick figure who will demonstrate conservative rulings and right notery conservative rulers -- rulings depending on the topic. then you have justices roberts and brett kavanaugh who are not particularly likely to be won over by arguments about some stands of law but are concerned about the courts institutional legitimacy or reputation. on some topics that would make kavanaugh the middle vote because he does seem to share some of robert's concerns about the court's reputation and image. aboutight give him pause striking down the aca or overturning roe v. wade. then you have someone like neil gorsuch who might be open to a wider range of arguments, but not necessarily as concerned about optics or reputation. we simply do not know where amy coney barrett will sit in the equation. i think the expectation given some of her writings has been she may be more ideologically aligned with thomas and alito, but only time will tell if that turns out to be true. taylor: final question. what is the risk in the next four days something goes wrong. what with the risk t

later, neil gorsuch was confirmed to the supreme court. a matter of a little more than a month ago, lost a trailblazing leader, and justice ruth baderon ginsburg, leaving open another seat on the supreme court that we are not asked to fill. federal 70 also read by alexander hamilton has been referenced many times on there floor this past year end particularly during this debate, wrote about this, the constitution being fundamentalda law that seeks the will of the people and if the courts of the only true guardian, guardians of the constitution the constitution is the highest man-made law that any legislative act to the contrary must be held void for the court, the interpretation of the laws and problems, guardian of the constitution madison was talking about the first congress that he introduced the environment that became what weha call the bill f rights today, he said the courts would consider themselves in a particular manner, according of those rights, would be working against every assumption of power in the legislative or executive,

had to wait until senator blocked merrick garland's nomination so the president could appoint neil gorsuch. pretty much the minute justice gorsuch got on the court, the court finally overturned abood. now we are seeing the same signaling. i mentioned this yesterday. the right of same-sex couples was recognized to marry. justice thomas and justice alito issued a sharply worded case.ent about a issuease refused to marriage licenses to same-sex couples. in 2012,ice alito justice thomas, joined by justice alito, signaled to rollback a supreme court precedent that they believe with their understanding of the constitution. for the right to same-sex marriage even though that right and called it a problem that only the court could fix. judge barrett, you said judges have to wait for cases and cannot have an agenda but here we have an example of sending out signals. take a look at precedent. cite one case where you are also sending out a signal. two court cases. without the right to vote and raising concerns that you view their right to vote to be more limited than the right to own a gun. , in that

like brett cavanagh, neil gorsuch, americans are seeing through the democrats attack this time arounde these folks, at the post office they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer get the services of the post office plus ups at up to 62% off get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/save and never go to the post office again >> opioids just don't have my mind or couldn't think independently. >> a sexually so that anyone. this whole to we covered has been a calculated and orchestrated political hit. >> there's a great deal about this process i regret. i'm putting my family through this. >> all the president's supreme court nominees forestalled their own during testing confirmation hearings so how is judge barrett stacked up. >> joining us to discuss is the first liberty institute's bethany tom. thank you, appreciate it. >> thank you for having me. >> out the rate this as far as how confirmation hearings a gu

after democrats lost able to prove his first nominee, neil gorsuch, majority leader mitch mcconnell invokeslear option at calling for a simple majority vote. that allowed republicans to gorsuch and pave the way for trump's second appointee, brett kavanaugh, as well. 2016, president obama tapped mary garland to feel the late justice garcia -- merrick garland to fill that lay scalia's seat. it was prevented. either way, senate republican's move quickly. they found the nomination process historically under 70 days on average. and most nominees do make the final cut, since the supreme court's establishment, more than 77% have been confirmed. pretax profits cayman higher than estimated, but the retailer plans to close about 5% of its stores, so record s it has been struggling to restore. we are joined by adam karlsson, chief financial officer of h&m. adam, thank you for joining us. when you look at your online presence, i think online, you what sales, make up 26% of you are selling at the moment. how much will that increase in the coming years? adam k: thank you for having me. statistically we d

so so i'm glad that she's a skeptic just like guy was saying earlier about neil gorsuch.keptic of regulatory power. i would like to hear more of that from amy coney barrett but, unfortunately, our proceedings now are so nakedly partisan that there's just not a lot to glean from the cha a raid nhl. kennedy: no, and it was a charade. i was hoping is some of the democrat senators would have asked about mass surveillance, guy, but they were so hyperfocused on the aca, and it was such is shtick that they actually undermined their own arguments. >> well, i think one senator was very focused on surveillance of some sort, and that was shell done whitehouse who seemed to be paranoid about all sorts of things. [laughter] they're watching us, everyone be careful. i actually am going to disagree, i think the hearings were pretty substantive. you mentioned the kavanaugh brawl. one of the reasons, this is a political point, that republicans apparently have the votes to confirm barrett later this month is because of of the kavanaugh brawl. it was a referendum in 2018 on kavanaugh. we ha

former law clerk to justice neil gorsuch.e, your thoughts as this vote has now passed for amy coney barrett. >> this is a historic victory for president trump. then candidate donald trump in 2016 campaigned on the promise that he would transform the federal judiciary with judges who understood that there are modest but critical role is to follow the law and president trump has done that with justice gorsuch, justice kavanaugh. 53 judges to the critically important federal important federal courts of appeals. now justice amy coney barrett. >> martha: your thoughts on amy coney barrett and what kind of justice she will be. >> she is a phenomenal supreme court justice. we saw this during her hearing. she's exceptionally well-qualified. she's going to bring a very unique perspective to the supreme court, as a mother of seven kids, too adopted from haiti. one with down syndrome. she is number one in her class at notre dame law school. clerk, sprinklered for justice scalia. she's going to bring a nonivy league perspective to the su

it includes not only her and justice neil gorsuch and brett cavanagh, and and two to the us court of international trade. there are no vacancy on the circuit court level, 30% of those sitting on the bench have been nominated by donald trump. in a different article by the washington post, only republicans supporting her confirmation barrett is the first supreme court justice since edwin stanton in 1869 to be confirmed without bipartisan support according to review of senate voting data by the national journal. even senator joe manchen, back to brett cavanagh and barrett on her circuit court see three years ago, may not support her. your reaction in washington, you're up first, good morning, go ahead. >> the real reason, mitch mcconnell did what he did, they don't make a big deal, they have always people, the whole white race, democrats and republicans maintain weight privilege, democrats don't make a big deal, and and it could mean slavery, and are left up to interpretation. there's nothing in the constitution that says they don't. democrats have a recess appointment. and >> is a prio

trump's 3rd supreme court appointment in 3 years his presidency has already seen the appointments of neil gorsuch and brett kavanaugh. at 48 to judge amy coming back to could shape the supreme court for many decades to come 3 years ago trump appointed the staunch conservative to the federal court of appeals in chicago she has indicated support for gun rights trumps immigration policies and restrictions on abortion and al g.b.t. rights group called her quote an absolute threat feminists fear she may move to restrict abortion rights in 2013 as a professor at the university of notre dame she was quoted as saying life begins at conception senate democrats grilled her on her religious views during the 27000 appeals court confirmation hearings and into california senator dianne feinstein was even accused of anti-catholic bigotry i think your case professor. when you read your speeches. the conclusion one draws is that the dogma lives loudly within you barrett has said repeatedly that her faith would not interfere with her judicial decisions if barrett is confirmed to be for election day on november 3rd

and brett kavanaugh or neil gorsuch as the swing vote, that is a very conservative court. so i think we are looking at some considerable shifts. ande they will take a term slow down at first. but the history to me suggests when you have a majority that has a very clear ideological direction, the court generally goes in that direction. is the courtesson didn't just sit around and wait. they moved. i would at least guess that we are going to see some significant movements in a way that we haven't seen before in a long time. >> are you rubbing your hands in anticipation? >> i agree with much of what he just said. the chief, having been lauded for occupying the median position on the court, will no longer be there. he may have been left in that position as a response to president trump, so it might well be that, even apart for me to justice, he would have swung a newight -- apart from , he would have swung back right. but i think building some sort of middle coalition with justice kavanaugh or justice gorsuch, or on the losing end of some cases, or making it a six justice majo

and helpe stood strong to move the confirmation just as neil gorsuch, the way he fiercely defended justtt kavanaugh. yeah. i just heard lindsey graham say his opponents ran because the way he handled the hearing, but i agree with lindsey graham. lindsey graham will win because of the way he handled the hearing. [cheers and applause] yesterdayped it off by leading the confirmation of .udge amy coney barrett the rule of law has no greater champion. toneed south carolina reelect senator lindsey graham for six more years. [cheers and applause] in a landslide. [cheers and applause] [applause] senator graham already knows, and you deserve to know, after 150 years of nine judges on the , leading democrats and washington, d.c. are talking about packing the court. that means adding seats on the supreme court so they can appoint activist liberal judges to advance their leftist agenda from the judiciary. [booing] i mean, i was watching this weekend and servants of the biting campaign said they were open to it, including members of the senate. and alexandria ocasio-cortez just tweeted today, "expan

neil gorsuch as well. hewitt,o thank hugh president of the foundation, who was indispensable in helping me write this book. you could not be in better hands hugh.nybody else but thent to thank couple of archivists who worked with me, greg cummings and pamela eisenberg, who i understand is retired. so many people helped me along the way. fred fielding. just tremendous number of people helped make this possible. i also want to say hello to , parents ofrry friends of ours in fort worth. pitching coach for tcu and we live right around the corner. you guys get the award for traveling the farther is tonight. you came to an half hours. i hope the book is worth it. let me know. i will be asking. and thanks to all of you for being here as well. came backfirst time i to the library was 1995, i was an intern at the ronald reagan presidential library. john taylor was running things down here and john showed us around. i will never forget it. and then it came again in 2007 with the release of the eisenhower book. the b

[cheers and applause] that includes justice neil gorsuch's, justice brett kavanaugh, and justice amyoney barrett. [cheers and applause] how great is she, am i right? saying that just because she is from indiana. of her.wful proud she is going to make the nation proud, i promise you. a brilliant, principled jurist who will serve for generations to come. it is so important. this is really about our liberties. vanguard ofy is the the liberties that are enshrined in our founding documents. and in the hearts of the american people. all deserveda, you to know that when joe biden was vice president, we saw a steady assault on the freedom of religion of the american people. the last administration use its regulatory power to erode the conscience rights of doctors and nurses and religious charities. they even hauled a group of nuns into federal court to order them to compromise their faith to live under the mandates of obamacare. [booing] democrats in washington dc were a part of a course. remember two years ago, when justice barrett was up for the court of appeals. she was appearing before t

already seen confirmed more than 200 conservatives to our federal includingevery level, justice neil gorsuchnd justice brett kavanaugh. [applause] i can tellell you, you all of those jurists are men and women of integrity who will hold the god-given liberties enshrined in our constitution, like the freedom of religion, the freedom of speech, and the second amendment right to keep and bear arms. [applause] one week ago, we as a pot -- we've the nation pasta remember ruth bader ginsburg. president donald trump did his duty under the constitution of the united states. nominated ay, he principled conservative woman of extraordinary character and extraordinary intellect, who reveres the constitution to the supreme court of the united states. he nominated judge amy coney barrett. to be the next justice of this report. [applause] -- of the supreme court. [applause] i had the privilege of escorting judge barrett to the united states senate earlier this week. she is in the process of making the rounds. in about awe expect week or so there will be a hearing on capitol hill. then there will be a vote.

donald trump's nominated three people, neil gorsuch -- we got into the issue of originalism with judgeappeared totally into the mud. we didn't learn must much of ang there. but now with amy barrett we come back to issue of originalism and interpreting the law. the democrats, it seemed to me, made clear that they are wholly about the courts serving as producing political results that they want whether on abortion, gun control or health care, and that's what this argument about packing the court is all about. with two more justices on that court, you could just as well put chris coons and amy klobuchar on the court. in their words, the supreme court becomes a subsidiary of the politics of nancy pelosi and chuck schumer. i think that was clearly evident at this hearing and something that the american people got a better appreciation of. paul: kim, what do you think the impact of this nomination had been on the election? a couple of joni ernst's and lindsey graham on the committee, both running very tight a races. could this them? >> oh, absolutely. you saw them really trying to performanc

excess of delegation of power, that is a very live issue in the supreme court today with especially neil gorsuch championing a narrower role for delegation. i don't think that is necessarily correct, but the issues are alive and well. the alien friends act did pass, so in a sense the founders, the majority of the founders in congress supported it but it had a five year sunset clause and almost as soon as jefferson became president, it lapsed. it was not reenacted and nothing like it was reenacted until close to the end of the nineteenth century so innocence jefferson and madison won that battle. although i think we can see this was a lively debate between the two sides. what adams says about the modern state is entirely true. much of it was approved by the supreme court on what i would regard as rather sloppy grounds in the immediate aftermath of world war ii. things didn't get to be extremely contentious until my adult lifetime. adam mentions that there are 11 or 12 million persons living in the united states in violation of immigration laws. that is a really weird situation is also a new situa

judges, and more accounting, and that includes justice neil gorsuch's, justice brett kavanaugh, and justice coney barrett. [applause] isn't she great? whenuch did you love it she held up that piece of paper? all these senators got stacks of papers in front of them, what did you bring? nothing. i will tell you, she will be an incredible justice on the supreme court. she is emblematic of all of those that we have been able to appoint to our courts. it is a legacy of really strengthening the foundations under our liberties, it is true. president trump kept aware that he gave to the people of north carolina in appointing str ict constructional lists will not legislate from the bench. and of that would've been possible without the support of both senators from north carolina. after you reelect president donald trump for four more years, we need north carolina to send senator thom tillis back to the united states senate for six more years. [applause] because, this is really about protecting our liberties. vanguardcourts are the of our liberties. upholding all that is enshrined in the founding doc

barrett's not legitimate but the exact same thing about brett kavanaugh in the exact same thing about neil gorsuch. when it comes to norm breaking, there's been a quite a history of norm breaking by democrats in the senates. including as recently as last year or earlier this year, chuck schumer making a threat against brett kavanaugh in the old quarry search, sitting members of the supreme court. they threatened him while on the sides, rebuked strongly by liberals for edits. senator saying if you don't vote the right way on a certain or rural a right way on a certain decision in the way that we want you to roll, we will enact retribution. we will pass the court and do other things to punish you. that's really norm breaking, and different what we have seen from the country in a long period of time. mitch mcconnell called it out on the. >> laura: . quick, vladimir putin comes out and sayings that he hasn't seen anything wrong with what hunter biden did. now that kind of shatters the russian collusion, trump is a puppet of putin but the media lets it go, right? that happened today. to speak out right

so that's why the president has neil gorsuch, brett kavanaugh, soon will have amy coney barrett confirmedrty line vote on monday, despite the democrats' protest, john. >> manu, giant consequences, 6-3 conservative majority, and ripples out of the hearings. progressives are furious with dianne feinstein, believe she wasn't tough enough, strong enough, and offered praise on chairman graham, even a hug in coronavirus times. chairman graham is in a tight re-election battle. does that help him? >> reporter: that's one of the reasons democrats were so upset. not only do they think she lent legit me see, but lindsey graham is neck in neck against jamie harrison, using those proceedings essential to his re-election campaign at the moment. i just asked lindsey graham whether he would use feinstein's remarks praising stewardship of the committee as part of the campaign ad going forward. he said they're on polar opposite issues, will not use her praise as part of his re-election campaign and that praise where she did say these are the best hearings i have sat through, has had such impact among democ

in that case obviously kavanaugh and neil gorsuch would have to recuse themselves as well because theyoo were nominated by president trump. she's not going to do that and is no mechanism to force her to do that and to be frank, that is really dangerous rhetoric by senator blumenthal, because he, along with his democratic colleagues, are essentially trying to delegitimize her and the court before she got there so that they can tee up some sort of protest the first time she issues a ruling they don't like. very dangerous. >> laura: john, we keep talking about court packing and maybe the folks out there don't know what that is, but the democrats are playing a little game about what it all really means. watch. >> it's rushed, it constitutes court packing and her views are too extreme to qualify her to serve on this court. >> [indiscernible] because the american people have watched the republican packing the court -- they've taken every vacancy and filled it. speckled there's always court packing going on right now. going on with republicans packing the court now. it's not constitutional, w

but correct me if i'm wrong, isn't she polling better than neil gorsuch and brett kavanaugh were at thisnt in their confirmation? shannon: she is pulling better than the senate. she is much more popular than they are. the longer she sat in the chair, the longer the hearings went on, the more popular she got. it was different this time around not to have all the disturbances we had during the kavanaugh hearing. the public wasn't allowed to take part. so that made this thing move along a little more smoothly. she was unruffled. she had plenty of time to answer the questions. it was a different atmosphere. there are many people out there who consider themselves liberal who will say, i can't quibble with her. we may have different jurisprudence ideas, but she is neutral. we can't take her down on the merits. so at this point they will try procedural and i don't think they have much less. kennedy: do you think her record as a federal judge helped her more than not having a judicial record work against her when she was having the confirmation for her judgeship? shannon: i think it's clear the

justice neil gorsuch, justice brett kavanaugh and justice amy coney barrett. and applause] isn't she great? >> acb! acb! acb! vice pres. pence: what a brilliant jurist and incredible person who just happens to be from indiana. could not be more proud of her. we think that it is altogether fitting that she now occupies the seat of the latest justice ruth bader ginsburg. , justice ginsburg .as a trailblazer for women she was. women in the law in this country, she inspired generations of women to step forward. i know that the incredible character and life story and jurisprudence of justice amy coney barrett will inspire a new generation of young women to study the law. in fact, let me just say as a point of parental pride, one of those young women is with me on this trip. she's my youngest, and she just graduated from law school, and she is a part of that rising generation of young, incredible women who is going to do great things. my daughter, audrey pence, everybody. [cheers and applause] when you think about the courts and all that we have been able to accompl

type of justice will be selected for the supreme court and they have been qualified, brilliant, neil gorsuch, brett kavanaugh, barrett and what do we know about joe biden? we don't know what his list is. he hasn't released his list and the american people deserve to know what type of justice will be put on the court. obviously it is pretty obvious it is going to be a very liberal justice but i do think the american people are very concerned with where joe biden is when it comes to trying to create an activist supreme court, wanting to expand the court, those are very, that is a very dangerous approach to take and the american people don't want that and they see with donald trump that he has stood by his word when it came to releasing a list and putting strict constitutionalists, not those who legislate from the bench in these federal judicial appointments we have seen so far. >> mercedes says it would be worrying to the average person if they knew there was a far left judge or justice in plan for the biden administration, from the left and the right, some on the left are worried he won't go

for presidentime gorsuch,nominate jason -- neil gorsuch, he called against that.he rules had changed. i voted against changing the rules. here is the last thing about judges. i voted for sotomayor and kagan. then i watched the construction -- destruction of brett kavanaugh. i stood up and stood by him. now there is $50 million coming in to take me out. i stood up for him. mr. harrison cheered on the destruction of brett kavanaugh. i guarantee you there is no way he would ever vote for amy coney barrett. that is important to voters in south carolina. if you are looking for someone to reach across the aisle, i have done it. >> if we could play the recording. if an opening comes in the last year of president trump's term and the primary process has started, we will wait until the next election. know the things you're saying tonight will not change when it is politically convenient for you and your party? mr. yang: i appreciate that question. asked, what would you do if there was an opening? i said i would see what was there. i will lead the charge to confirm judge am

if leonard leo, when he -- when he put neil gorsuch on that list, and she was on the short list, by thee is no surprises. there will be no surprises. and what they were referring to is justice sooner who george w.h. bush nominated and he turned out to be a surprise. he turned out to be a progressive. and the federalist society vets these people. the idea of like have you talked to the president about roe v. wade? no. she talked to the federalist society, and the federalist society didn't have to talk to her. they know her all too well, obviously. and to get on this list, you have to be 100 percenter. they won't put you on the list unless you are a 100 percenter. you're not going to get a good clerk ship if you are not a 100 percenter. they want to get rid of the aca. you know, trump has wanted to get rid of obamacare, and nothing they offered -- i was there. nothing they offered guaranteed people with pre-existing conditions that they would be covered. he's never had a plan. when it went down, he said who knew health care was to complicated? and the answer to that was, everybody. everyb

i want to hear neil gorsuch as well. that's awesome. i want to thank hugh hewitt, president of the foundation, who was indispensable to me in writing this book and had me on the radio last week to promote it. you could not be in better hands with anybody else but hugh. i want to thank couple of the archivists who worked with me when i was working on the book greg cummings and pamela , eisenberg, who i understand is now retired. did great work in helping me get the files i needed. so many people helped me along the way. walker fred ron , fielding. just a tremendous number of people helped make this possible. i also want to say hello to linda and larry, parents of friends of ours in fort worth. kurt is the pitching coach for tcu and we live right around the corner from tcu. you guys get the award for traveling the farthest. you came two and a half hours to be with us. i hope the book is worth it. let me know. i will be asking. and thanks to all of you for being here as well. gosh, it is great to be back. the first time i came back to the

happened in 2017, mitch mcconnell, senate majority leader realized there would be a filibuster for neil gorsuchfrom 660 to 51. if you have. 51 votes to confirm you have 51 votes to filibuster a nominee. jackie: you always break it down very quickly. where do we stand on the vote here? reporter: here is the vote matrix right now. no democrats will not vote yes. two republican knows. there is maximum of 51 yeas. susan collins of maine, faces difficult re-election bid and alaska's lisa murkowski, both flagged moving ahead with the nomination close to the election. murkowski, i shared for a while i didn't think we should take it up after the election. i have not changed. now murkowski opposed brett kavanaugh two years ago. she ultimately voted present. susan collins was a nay on nomination of brett kavanaugh. jackie? jackie: you have a special role in the debate tonight? >> yeah, absolutely. chris stirewalt and i, we'll do a live blog during the debate. we've done it with the vp debate a couple weeks ago. also the first presidential debate. look at the bottom of your screen, scan the qr code, join

when they change the rule and filibuster neil gorsuch requiring us to change the rules, here is some good news. the judiciary committee got it right when it came to judge barrett. we did the right thing. it would have been wrong to deny her a vote if you are a republican and crazy to vote for her as a democrat, you may not agree with her judicial philosophy which is rejection of judicial activism and originalist point of view how you approach controversies but you should have seen what her in all on a cake and's qualifications, you expected me to impose qualifications based on sotomayor and kagan, justice scalia got 96 votes, justice ginsburg got 96 or 97. senator thurmond voted for ginsburg because she was qualified. senator hollings from south carolina voted for scalia because he was qualified. look what happened. senator lee made a compelling case, it continued with thomas, alito and crescendoed with brett kavanaugh. i thank my democratic colleagues who did participate in the hearing, asking hard question and suggest she would not be open-minded, you lost that debate, and she dese

chris: one of the names, judge neil gorsuch, who president trump nominated to the court in his secondk in office. in 2018 he named brett kavanaugh whose confirmation hearing turned ugh lu. >> i tried to yell for help. when i did, brett put his hand over my mouth to stop me from yelling. chris: is it true that you told brett kavanaugh you've got to come out and fight for this nomination? >> i thought he had to come out, show some heart, show some emotion and let people know that this was not true. >> this whole to two week effort has been a calculated and orchestrated political hit. chris: what about the argument that some people make that he was too hot and didn't show a judicial temperament? >> well, when you're accused of the thing he was accused of, i don't think it's time to have a judicial temperament. >> judge amy coney barrett. are. chris: barrett was another name on mcgahn's list. the president wanted to save her in case ruth bader ginsburg left the court. now democrats are hitting barrett for past criticism of roe v. wade and obamacare saying she'll push to overturn both. mcg

this was a really interesting decision by conservative justice kne neil gorsuch.he decided to reject an appeal from republican congressional candidate in the state after the death of a third party candidate in the race. gorsuch didn't take it up to the full court meaning that election will go on as planned in november. lastly, john, i want to point to something here. look at this number, 8.14. this is the early ballots cast in texas. this is really incredible. despite the fact we do believe there's finally a button on the issue of dropboxes in the county, a texas supreme court ruling in favor of governor abbott to have only one dropbox in the county there. >> remarkable. numbers are mind-blowing. we'll see how it affects election day math. wow, kristen holmes, grateful for helping us through this. >> the mayor in denver warns the city one step away from a stay-at-home order. hi, i'm dorothy hamill. as i look toward 65, i'm thinking about medicare. i know i want coverage that connects all the different parts of my health care to keep me aging actively. keep doing w

first, neil gorsuch. a few democrats crossed over for his nomination.hen you watch the confirmation process he went through, how does it say in the context we've been talking about? ilya: it is hard to separate the gorsuch nomination itself from what happened the year before when justice scalia died in february 2016. there had not in an election year vacancy ends 1968, the fortis elevation. these arguments about whether the senate had a duty to act and all of this sort of thing. mary garland was nominated -- merrick garland was nominated. won theblicans had senate, and they said there should be a rubber match for the people to decide who should make the pick. it was a gamble that ultimately mitch mcconnell won, risky one, i think more people expected trump to lose, and hillary clinton could have nominated someone less moderate than garland. and the unusual nature of donald trump's candidacy, the resistance to his presidency on going to this day, you have the garlands nomination. partisan ever filibuster of a supreme court nominee. knew thismer probably

[applause] and that includes justice neil gorsuch, justice brett kavanaugh and justice amy coney barrettpplause] isn't she great? [cheers] i'll tell you what, those hearings, i never thought that judiciary hearing would be fun to watch. but, well, that was. justice amy coney barrett is going to make an incredible contribution. because this really is about having a supreme court that won't legislate from the bench, the supreme court that will uphold our constitution, right, paul? paul: thank you. and i can assure you, she and the whole generation of men and women the president has appointed to our courts will because it really is about our , liberties. you all deserve to know that when joe biden was vice president, we saw a steady assault on the freedom of religion of americans. we did. there was an erosion of the conscience rights of doctors and nurses and religious charities under the last administration. they even hauled a group of nuns into federal court to force them to compromise their faith to live under the mandates of obamacare. two years ago, when amy coney barrett was going thr

, colorado's own neil gorsuch. we've heard a lot of discussion about "the federalist" papers and our founding fathers and the intent on the one hand the role of the senate, the language of the constitution that points out that the president shall nominate and with the advice and consent of the senate place justices throughout our judiciary. we've heard of federalist 69 by alexander hamilton. the president is to nominate with the advice and consent of the senate to appoint ambassadors and other public ministers, judges of the supreme court. in federalist 69 hamilton goes on to compare the power of appointment that the president has, the chief executive has, to that of the king of great britain, even comparing the power of appointment to the governor of new york, alexander hamilton in federalist 69 did, and he stated that both the king adds the governor of new york at that time had a greater power of appointment than the president, due to the requirement of advice and consent and the ability of the governor of new yo

they made two catastrophic errors in first they filibustered neil gorsuch russo qualified that if theyster him, no way the republicans would ever get in right of the filibuster. if they had a 60 vote requirement for supreme court justices, bright cap and i would not be on the court today and zero chance of getting donald trump confirming amy coney barrett. the decision is why the two people are in the supreme court and they learn the lesson from their smear campaign. that cost them a chance to win back the senate in 2018. very well documented three democratic senators lost the seats. cicely because of brett kavanaugh's hearing and republicans gained two more seats and they have a wriggle room of three senators now that they could lose. if they won back the senate, they could have gotten amy coney barrett. >> martha: interesting point. jessica, do you think that's true? from communications democrats are looking at this differently. that they might not put up as much opposition as they had for a number of reasons. >> yeah, i wrote a piece ago foxnews.com before amy coney barrett was anno

obviously over time they became sort of polar opposites on the court, i think about the attacks on neil gorsuch for his unwillingness to make a comment on lgbt issues. obviously those predictions were wrong. and then since we're talking about the aca, it's the aca versus acb i guess, chief justice roberts was the one who wrote the opinion upholding the affordable care act as you know. so i would just say that all of these predictions about how judges, under our independent judiciary will make decisions, are just pure speculation, but i think they're worse than speculation. i think they're propaganda in order to try to make a political point. so judge, you're not willing to make a deal? >> no, i'm not willing to make a deal. not with the committee. not with the president. not with anyone. i'm independent. >> i just would like to hear maybe some of your thoughts on -- in the obergefell case which establishes the constitutional right to same-sex marriage part of that decision struck down the defense of marriage act, correct? >> i believe so. >> that was a bill that joe biden voted for? >> i don't

the way he stood strong and help to move the confirmation just as -- the confirmation of justice neil gorsuchway he fiercely defended justice brett kavanaugh. [cheering and applause] i just heard lindsey graham say his opponents ran because the -- opponents say he ran because the way he handled the hearing, but i agree with lindsey graham. lindsey graham will win because of the way he handled the brett kavanaugh hearing. [cheers and applause] and he topped it off yesterday by leading the confirmation of justice amy coney barrett. he is an incredible champion of the constitution of the united states of america. the rule of law has no greater champion. than your senator. right after you reelect president donald trump, we need south carolina to reelect senator lindsey graham for six more years. [cheering and applause] in a landslide! [cheers and applause] but senator graham already knows, and you deserve to know, after 150 years of nine judges on the supreme court, leading democrats in washington, d.c. are talking about packing the court. that means adding seats on the supreme court so they can