including janet reno and ruth bader ginsberg.ext, legal historian jill norgren discusses her book "stories from trailblazing women lawyers," based on the transcripts from these interviews. the wilson center and national history center cohosted this 90-minute talk.

the next two oldest justices, ruth bader ginsberg, over 80. >> what's the long game here for the democratsood for them at the moment. >> that's a great question. a lot to fire up the base. trying ing ting to delay the vh as possible. mitch mcconnell said he wants it to happen before the court comes in in october. can you pressure pro choice republican senators to possibly vote against a hard-line conservative just snis can you fire up the base to try to win seats in the senate to push this off to give democrats more power. >> is this going to be an issue come the mid terms if in fact there isn't a judicial nominee in place and whether or not the nominee as it stands now, mitch mcconnell changing that number to 54 to get you know the last justice approved? >> no this will be a transcendent issue in the mid terms, like the best tweets about this is that this is seism seismic, there's nothing bigger than a supreme court justice nomination. this will be a huge issue if it's not done by the mid terms, it will factor in, if it is done, it's going to be a huge motivating factor to get peel to the

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the democrats are telling the president of the united states, if you don't nominate ruth bader ginsbergone form or another, we will oppose whomever you nominate. the republicans will have to steam roll the democrats. that's okay. the democrats don't make sense. now they oppose filibusters. now they oppose it in mid-term elections. forget about schumer and the democrats. let us uphold our constitution. the president understands that. he ran for office and had a list. hillary clinton didn't have a list. the nation would have puked frankly. but this president had a list. he has tremendous candidates on this list. he said i will choose from this list. the left had every opportunity to dig up whatever they can on these candidates and the president is sticking to the list. this is very, very important. the supreme court is not supposed to be more powerful than the other 2 branches of government. it's supposed to be independent. justices are appointed for life. it's gotten way out of whack. under the left it will be more out of whack. the attitudes of the progressives who used to attack the co

we have justice ruth bader ginsberg who says i will miss the pleasure of his company and helpful suggestions on circulating opinions and his recommendations on art acquisitions in my chambers and more. kneeneil gorsuch said it was an honor to serve as his law clerk and it has been a joy this we are to serve as his colleague. president trump can now nominate a second justice. the first one being neil gorsuch. they are going to be nominating before the mid-terms, possibly in september. they have a list of 25 nominees they will look at. this comes when today was a big day at the supreme court involving the janus case. he says he doesn't want to pay $45 a month towards a union he's not part of. the court ruled it's infringing on his first amendment rights. so public unions will have to have their members opt in. definitely a huge day from the capitol. charles: john burnett, ford o'connell and gayle trotter. we know president trump allude to that list. word leak out that he wants someone who is young. maybe even under the age of 50. is that the idea -- the ideal nominee? >> you want someone aroun

i think is a very likely possibility particularly if the president has the chance to fill ruth bader ginsberg's sloth. she has been very active in issues relating to catholicism, legal issues relating to catholici catholicism. you know, all these justices, all these potential justices are all very conservative. more conservative than kennedy. the way donald trump used that list during the campaign was to show the conservative movement, hey, i'm one of you. i may be from new york city, but i will appoint judges who reflect the values of the evangelical conservative movement. and the president has kept his word on that. these are across the board conservatives. now, the question is whether the rest of the country wants to live in a world that judges like that supervise. that is a separate question. but in terms of is the president being candid in telling us what kind of judges he is going to appoint, i think the answer is clearly yes. >> and during the campaign, donald trump had to prove himself because of course at one point in his career he was pro-choice and then he became pro-life. and he had

and there's also concern by democrats that ruth bader ginsberg, she holds out until the next two years, there's concern about how this court could shift. three to four or even more supreme court picks for a u.s. president who is again by any means necessary trying to support the republican agenda, the american pillars and democrats in the senate are trying to figure out a strategy. they're going to do something tomorrow to figure out a strategy to thwart this. >> you mentioned the mid-terms and talked about what the administration will be seeing as they go out on the road for mid-terms. and probably 2020 as well. look at the picks. the stakes for the mid-terms, though, just got higher, right? is that even possible? >> absolutely, don. it did get higher. and i've been telling people this is the most consequential mid-term election in our lifetime, and yet it just got amped up even more. what also stands out to me this evening is the failure of the mayor garland nomination that obama picked in 2016, and they couldn't get him heard in the senate. the democrats lost getting garland in. and

and ruth bader ginsberg, the oldest justice said that liberals were misguided if they thought that sheing to step down under president obama so he could replace her with someone with a similar idealogical bent. but of course, replacements don't turn out the way the presidents hope they will. bottom line, when it comes to retiring and replacing supreme court justices, timing is almost everything. very few die in office in modern times. most retire. shep? >> shepard: trace gallagher, thank you, sir. let's go to mark sherman now, a reporter that covers the supreme court for the associated press. it's his own beat. today, sir is a very busy day. thanks for taking time for us. >> my pleasure. some of the issues that are at the forefront now, if you look back over justice kennedy's history, there's been times, for instance, on the issue of guns where he sided with the conservatives, there's been times when he's sided with the liberals, the swing on the issue of guns. what might we expect to happen with a more conservative justice? >> you're right that kennedy was part of the majority in the

including janet reno and ruth bader ginsberg. next, legal historian jill norgren discusses her book "stories from trailblazing women lawyers," based on the transcripts from these interviews. the wilson center and national history center cohosted this 90-minute talk. >> i am delighted to welcome back to the woodrow wilson center professor jill norgren. she is a professor of government legal studies emerita at the john jay college in the city of new york. she has received numerous awards and fellowships for her work, including from the rockefeller foundation, the national endowment for the humanities, the american council, societies and so on. one of her outstanding books is "the cherokee cases: the confrontation of law and politics," and if you wonder why i'm talking the something having to do with native americans, you will find out in a moment. she is also the co-author of "american cultural pluralism and aw," which has gone into three editions, and one of the articles she wrote was awarded the hughes gaza prize by the supreme c

justices ruth bader ginsberg and sonia sotomayor dissented.the attorneys representing the owner jackhillips said he is relieved and delighted, adding that creative professionals should be free to create art consistent with their convictions.voice of: kristen k. waggoner / attorney for jack phillips -- or -- alliance defending freedom: this court is constantly telling the government you cannot treat people of faith differently than others in the marketplace. you cannot express hostility towards them because the government disagrees with their viewpoint. the plaintiffs, charlie craig and david mullins, said their fight against discrimination will continue. voice of david mullins / plaintiff, masterpiece cakeshop v. colorado civil rights commission: we brought this case because no one should have to face the shame, embarrassment and humiliation of being told we don't serve your kind here that we faced and we will continue fighting until no one does. justice kennedy pointed out that future cases might end up with a different ruling. noting that these disputes must be resolved without dis

court, stephen breyer, elena kagan went along with five conservatives on this, two justices ruth bader ginsbergtomayor did not. what do we make of the two liberals joining in the opinion. >> the happiest person has got to be chief justice roberts. he wants people to view the court as not necessarily a partisan place. i think hopefully 7-2 decision will cause people to look at the decision, maybe there was some actual constitutional basis here, when 5-4 and conservative justice vote one way and liberals vote another they tend think it is politics, which those of us who practice law hope it is not. the strength of phillips' case, demonstrate that breyer and kagan went along with it. they agreed the tribunal in colorado was hostile to his religion. he deserved to have his religion taken seriously. and he has a first amendment righto, to not be compelled to make statements about marriage he doesn't want to make. so i think, you know, it's, it's a good decision for the court. hopefully it will turn the temperature down in the country a little bit. these discussions are a little bit academic in some

there are others like ruth bader ginsberg, she is now 85.n there could be other retirements and trump could be able to fill other seats. francine: what is the chance to have nomination getting through? >> again, i think it really depends on -- it may be that trump needs to appoint someone who is more moderate on some issues in order to get those moderate republican senators on his side. again, there are a handful of senator up for re-election in states that trump won that will need to be -- think very carefully about how they vote on this. and again, i think that roe v. wade will be a litmus test for them as well. francine: our senior writer there, stephanie baker on some social issues, jornl from deutsche bank and charles from eurasia are still with us. i want to get to g.d.p. in a second but does change? the supreme court, there are important rulings for business and we have one on am exoverfight nfl -- am exovernights. >> i was looking at justice kennedy's voting record and he was rightly known as a swing vote because on social issues he

they're not going 0 give us you know, the, they're not going to give us the successor to ruth bader ginsberg. >> most likely not. they might also give you a kennedy. >> what trump did was so unorthodox, but savvy during the campaign, was to put out the list ahead of time. he mentioned it yesterday, suggesting that this would offset concerns that he was an unconventional candidate and unorthodox position, would he pick some sort of wacky justice. he put out a list saying these are conservatives, these are people that republicans can support. i have a question for tom. when he said yesterday there are 25 names on this list, is there any suggestion that he would go off that list for this next pick? or are there any names on the list that you think would find particular resistance in the senate? >> no. i think that the list is kind of framework within which he's going to operate. but in reality, they're railroad down to about four or five different names. that they already begun to focus on. both with respect to leonard leo, who is coming into the white house, don mcgann, the white house counsel

and said it would conclude the proclamation was motivated by anti-muslim animus and joined by ruth bader ginsberg in their dissent of this ruling. the problem is as i was-in-law school you dealt with words on paper not emotions and feelings that came out from somewhere they're implying. words on paper matter in this town and across the country. the ban was put out in executive order form, said what it needed to say and in the proper context of executive authority. for them to come back and want to take in the opinions of others and what they think may or may not have taken into account is judicial bias in many ways to say this is what we would have preferred but when they come to the law maybe they should go back and remember what they learned or taught in law school. look at the law. >> sandra: a simple seven word tweet by president trump supreme court upholds trump travel ban. wow says the president. good to have you on this morning and get your reaction to this breaking news. >> great to be with you, take care. >> eric: much more on what is seen as a major victory, a legal victory by the trump

not be surprised if ruth ginsberg resigned because of what has been 5-4 decisions are about to become 6-3. what does the panel thing about that? >> alan dershowitz speculated rick bader ginsburg might resign soon because 5-4 opinions are about to become 6-3 and what does the panel thing about that? >> the chances of her getting donald trump chest the filters he is zero -- the chance to fill her seat is zero. [applause] >> is that a consensus? >> i think that is why justice is regardedrainer as the most important person in america. [laughter] it calls to mind what thurgood marshall used to say. when people wanted him to retire. he would say just propping up and keep on going. -- prop me up and keep on going. >> every court rules on aspects of presidential power. this next court in the next couple of terms will rule on intensely personal business conduct and other conduct of a president that will appoint the next justice in a way that is more personal -- talks about more personal behavior than official conduct another president's previous conduct and campaign behavior interacts with his official role. shaping thethat nomination fight in terms of democrats bringing up t