and then interviewed ruth bader ginsburg. and i guess my question is, if breyer had been well and interviewed more to clinton's liking, do you think when his second -- and he had nominated breyer as apparently his initial intent was, do you think years later he would have then nominated ginsburg? >> it's hard to say. he actually wanted mario cuomo because he thought that earl warren had been so effective in managing the politics of the warren court and had persuaded -- he didn't want someone who would just be an i delog. bill clinton, not stupid, you can quote me on that and mario cuomo, like the hamlet of the 20th century american politics couldn't make up his mind whether he wanted to be a supreme court justice or not. i don't know what the competition was. but he couldn't decide. finally clinton started looking for other candidates. when clinton met ginsburg, and i have a story about it in the book, he was completely smitten with her. so it was easy. i don't know if he would have gone looking for her if he had put breyer o

then we have to do action tomorrow. >> when i was 21 areas old and just beginning my career ruth bader ginsburg seat. she told the committee what has become of me could only happen in america. i have been nominated to fill justice ginsburg's seat but no one will ever take her place. i will be forever grateful for the path she marked and the life she led. >> back outside the supreme court steps both sides say it all comes down to this nomination. and what it means for the election just 22 days away. >> we encourage every pro-life person to vote pro-life first. it is so important that whether or not people are behind president trump we hope that people will hate abortion so much that you will vote for someone you don't like. >> so nothing else president trump does matters, only his position on abortion rights. >> the number one issue for me is the issue of life. >> we are waiting to hear from millions interest milli s millin election day. >> and coming up, our political team on health care. and the supreme court fight, how it may impact election day. hard. it's hard. eliminate who you are not fir

and, yes, things are dark right now, and ruth bader ginsburg can't save us. we can do that. what? acceptance? forget that, i'm not accepting shit. we need to fight like hell. [rock music] i know what you need to do. you know what we all need to do. - vote. - vote. - uh, vote. - vote. - boat. - vote. - vo-- - no, no, no, guys. i mean--yes, you definitely have to vote. go vote, but, also, we should be thinking long-game. just like rbg herself said, real change, enduring change happens one step at a time. so no matter what happens on november 3rd, we have to keep fighting for change. here are a few organizations that you can get involved with to do that. there's the aclu women's rights project founded by ginsburg herself. or, how about, "she should run"? it's a non-profit that encourages more women to run for public office. there's equal justice works, which funds young lawyers to work on public interest projects, and "ms. jd," which inspires and supports women to pursue legal professions. they're basically funding the rbgs of tomorrow. and, most importantly, ke

anyway, on tonight's show, we'll look at the inspiring life of ruth bader ginsburg, as well as the somewhat less-inspiring madness that has broken out in the wake of her death, and then we'll talk to dr. fauci himself to find out just how screwed america really is. so let's do this, people! welcome to "the daily social distancing show." >> from trevor's couch in new york city to your couch somewhere in the world, this is "the daily social distancing show with trevor noah. >> trevor: right now, the only news america is talking about is the passing of ruth bader ginsburg. aka the notorious r.b.g. as i'm sure you know, the iconic supreme court justice died over the weekend at the age of 87. a little bit later on in the show, we will talk about her life and legacy. but first we have to start with the all-out war brewing over her reblame it because you may remember that when justice antonin scalia died nine months before the 2016 election and president obama tried to replace him with merrick garland, mitch mcconnell and the g.o.p. blocked it, and their reasoning was a supreme court vacancy so cl

judge barrett testified yesterday that justice ruth bader ginsburg opened the door for many women in law. i certainly believe and know that to be true as a personal matter. she was a trailblazer for women's equality and gender equity. as a civil rights lawyer and as the second woman ever to sit on the united states supreme court, justice ginsburg broke many barriers for women across the country. we, i believe, all fondly remember her as a person who had patience. to had the vision and well make our country a more equal place, and a more just place. one of the things she fought for controlman's right to her own body and to make decisions about her body and health care and reproductive choices. the constitution of the united states protects a woman's right to choose whether or when to become a parent. it protects a woman's right to choose abortion. women of color, immigrant women, women with low income, and women in rural areas face significant barriers when attempting to access both control, cancer screenings, and comprehensive reproductive health care. moreover, anti-choice activists

as joan said, you look at her record and it does stand in contrast to where ruth bader ginsburg was. what do you think about this? >> it's 180 degrees different. the idea, to listen to all these republican senators talk about, oh, i want to pay tribute to ruth ginsburg and say how wonderful she was. by confirming amy barrett, they are undermining absolutely everything ruth ginsburg stood for. you know what thinks -- you know who thought that? ruth ginsburg. ruth ginsburg understood the stakes of this nomination. that's why she wanted this put off until the next president. but, you know, whether it's abortion, whether it's gay rights, whether it's voting rights, whether it's civil rights, she -- everybody knows she and antonin scalia were great friends. but on controversial issues, they voted against each other all the time. and amy barrett, as she very explicitly said, is a -- is a protege and a follower and a believer in justice scalia's judicial philosophy. so that the idea that it is somehow an honor to ruth bader ginsburg to see amy coney barrett nominated to replace her is just a

judge barrett, you testified yesterday that justice ruth bader ginsburg opened the door for many womensonal matter. she was a trailblazer for women's equality and gender equity. as a law student, as a teacher, as a civil rights lawyer and a second woman to ever sit on the supreme court, justice ginsburg broke many barriers from women across the country. i believe we all fondly remember her as a person who had the patience, the will, and the vision to make our country a more equal place, and a morejust place. and one of the things she fought for was the things she fought for was the right for a woman to control her own body and make decisions about her own body and health care, and reproductive choices. the constitution of the united states protects a woman's right to choose whether or when to become a parent. and it protects a woman's right to choose abortion. women of colour, immigrant women, women with low income and women in rural areas face significant barriers when trying to access birth control, cancer screenings income competence of reproductive health care. moreover, anti—choic

at less than one month ago, the nation lost one of our leading voices for equality, ruth bader ginsburgshe left very big shoes to fill her judge ginsburg loved the law and she love this country -- shoes to fill. judge ginsburg loved the law and she love this country. we the people of the united states in order to form a more perfect union, included all of the people, not just a few, elite few. she was a standard bearer for justice. justice ginsburg's nomination was the first one that i participated in when i came to the senate. it was a real thrill to be part of that hearing for someone who shebroken down barriers staunchly believed in a woman's right to full equality and autonomy. in filling judge ginsburg's , it is high for the american people in the short term and for decades to come. most importantly, health care coverage for millions of thiscans is at stake with nomination. colleagues and i will focus on that subject. we will examine the consequences if, and it is a big if, if republicans succeed in rushing this nomination to the senate before the next president takes office. but m

of these issues, amy coney barrett has shown us that she couldn't be further in spirit from ruth bader ginsburg, the late great justice whose seat on the nation's highest court that she will fill. while justice ginsburg always had us looking forward, amy coney barrett and her originalism will always have us looking backwards, and backwards is precisely the direction in which this nation should not be going. so what we know from amy coney barrett's own words is very troubling. yet, then at her confirming hearing, we learn that there are many basic fundamental legal issues on which she would not say a word, and she would keep her views hidden. at her confirmation hearing, justice barrett declined to answer questions about such important propositions as whether it's unlawful to engage in voter intimidation. spoiler alert -- it is. on questions whether the president can delay a presidential election. news flash -- he can't. questions about whether presidents should commit to a peaceful transition of power. listen up -- they should. questions about whether obergefell versus hodges, the landmark supr

at less than one month ago, the nation lost one of our leading voices for equality, ruth bader ginsburg. she left very big shoes to fill her judge ginsburg loved the law and she love this country -- shoes to fill. judge ginsburg loved the law and she love this country. we the people of the united states in order to form a more perfect union, included all of the people, not just a few, elite few. she was a standard bearer for justice. justice ginsburg's nomination was the first one that i participated in when i came to the senate. it was a real thrill to be part of that hearing for someone who shebroken down barriers staunchly believed in a woman's right to full equality and autonomy. in filling judge ginsburg's , it is high for the american people in the short term and for decades to come. most importantly, health care coverage for millions of thiscans is at stake with nomination. colleagues and i will focus on that subject. we will examine the consequences if, and it is a big if, if republicans succeed in rushing this nomination to the senate before the next president takes office. but

mold of ruths the bader ginsburg, her identity, she is nothing like ruth bader ginsburg when it comes to her politics. amy coney barrett has smoothly tried to smooth over this divide by pointing out that ruth bader ginsburg and her mentor, antonin scalia, were very close. they both shared a love of opera and were able to put their ideologies aside and have a real personal relationship. host: let's get to calls. we go to san clemente, california. ron is on the republican line. caller: good morning. nice to have this discussion about the most important choices we are going to make for our country. most important thing, this is a lovely lady, no one can doubt that. she is beautiful and she has this lovely family, seven beautiful daughters and so on. my first question to her would ,e, as a friendly challenge miss barrett, how would you suggest to tell your daughters whether they can use birth control? i would be interested to know from a position, as a woman, which i am not, i would like to know whether she would suggest to her daughters, when they are growing up, whether they should use

fished together, but i was always struck by the relationship between him and ruth bader ginsburg because they were such opposites in terms of their positions they represented you know being conservative and ginsburg being liberal, but they were very close personally in terms of families and time spent together and so forth. i can remember justice scully a talking about ruth bader ginsburg and glowing terms of how much he enjoyed the relationship. >> that's interesting. it always appeared to me and obviously you were closer to it than i come of that based mostly on opera and their love for classical music. justice ginsburg said at one point, you know when i go and listen to the opera the voices inside my head stop and i'm just relieved of the feeling of conflict and uplifted by it. i had never heard talk about why he loved opera so much, but i suspect it was probably the same with him. >> one of the things that you touch on is the extent to which there was conflict between these men in some respects all involved in the founding of the nation, my feelings-- obviously i wasn't there. [laugh

justice ruth bader ginsburg. the ceremony took place after the senate approved the nomination by a vote of 52 to 48. the oath of office was administered by justice clarence thomas. ♪ [applause] [applause] ♪ ♪ ladies and gentlemen, the president of the united states accompanied by justice clarence thomas and justice amy coney barrett. ♪ ♪ thank you very much. appreciate it. distinguished guests and fellow citizens. this is a momentous day for america, the united states constitution and the fair and impartial rule of law. the constitution is the ultimate defense of american liberty, the faithful application of the law is the cornerstone of the republic that is why as president, i have no more solemn obligation and no greater honor than to appoint supreme court justices. on this october evening, and it is so beautiful, the first lady and i welcome you to the white house to bear witness to history. in a few moments, we will proudly swear in the newest member of the united states supreme court, justice amy coney barre

i think ruth bader ginsburg was an extraordinary woman. an extraordinary woman when i learned of her death i was speaking at an event. is actually speaking in the first question i got was what would you do now that ruth bader ginsburg has passed. it bothered me and troubled me horribly because she was truly so extraordinary and so many ways just a female serving on the supreme court and to break so many barriers that women of all ages have faced whether it was the fact she was a working mother going to serve on the supreme court. i'm so thankful i have had those role models in my lifetime to said that example. i tried my darndest to be a good role model for my daughter who is now the united states military academy and will serve in our nation's army. that's exactly what i see emulated in judge amy coney barrett. and then to be a wonderful judicial mind and then come back to the fact not only is she fair but a decent human being. and i'm so thankful no other young women will see we've had one extraordinary female in ruth get bader ginsburg

and everybody was referencing her in comparison to ruth bader ginsburg. due respect, was a controversial justice. she gave an interview to the new yorker saying she didn't understand what the objections to abortion were when we were, quote-unquote, aborting the right people. and she said that the constitution of south africa is something we should look for, for imknewlation. she said if donald trump was elected, she thought it would be wise to move to nevada. so people say things, and she said some of the most controversial. the things that grill this -- for them to grill this superb candidate and suggest she doesn't live up to legacy of ruth bader ginsburg i think is a it little bit, you know, hard to swal lee. -- swallow. lou: yeah. i have to say that there isn't a person in that room, there's certainly not -- that has the iq of judge gater, in my opinion -- judge barrett, in my opinion, nor anything approaching her grace and composure under pressure. so i'm actually, i -- [laughter] right now i think highly of her, i admire her greatly. and whatever th

enterprise institute, judge amy coney barrett clerk for chris's father when the late justice ruth bader ginsburg on the supreme court, good friends with justice scalia in ruth bader ginsburg seat is the one in which judge barrett will soon take residence. chris, good to have you with us, we appreciate it and i would like to get some sense, looking at the votes for your father who is confirmed to the court, 98 98 - 0, that is a remarkable vote, ruth bader ginsburg is good friends, 96 - 3, these are entirely different times, your thoughts as you watch a woman who is a remarkable talent and clearly an extraordinary american have to go through what she did to join the court that your father sat on for such a long period of time. >> thank you so much for having me on it's a real pleasure to talk to you about this. those were different times but you have to remember that in between my father's confirmation and the confirmation of justice ginsburg, they were pretty gnarly battles judge bork in particular, it was not all sunshine and roses along the w way, now the heated battle, that is the norm and it

justice ruth bader ginsburg died on september the 18th. what can you say about judge justice ginsburg she was confirmed 96 to 3. now those who are days that have since passed i regret that. 96 to 3 this was a person who worked for the a.c.l.u. someone who was known in progressive circles as an icon. apparently just about every republican voted for her. her good friend on the court justice scalia i think got 97 votes i don't know what happened between then and now because there's we can all take some blame but i just want to remind everybody there was a time in this country where someone like ruth bader ginsburg was seen by almost everybody is qualified for the position of being on the supreme court understanding that she would have a different philosophy than many of the republicans who voted for her 27 years on the court before becoming a member of the court she was an active litigator pushing for more equal justice and better write better rights for women throughout the country her close friend until that his death justice glee scalia cal

the crucial vote of justice ruth bader ginsburg. court rejected the trump administration attempt to end protection for dreamers. chief justice roberts said the administration had not taken into consideration the fact many dreamers rely on the protections when they started their careers and businesses. and served in military. of the united states. when they bought homes and started families. asked you whether it is appropriate for a supreme court justice to consider real world impact. you're a sitting judge now. my question is in deciding whether to uphold government action, do you currently consider the consequences of your ruling on people's lives? >> senator harris, that's part of the decision of every case. >> so you do? >> every case has consequences in peoples lives. of course i do in every case. it's part of the judicial decision making process. >> would you do that as if you are actually voted on the united states supreme court? >> senator, considering how the resolution of a dispute will affect parties and people is part of

she would replace justice ruth bader ginsburg.e are going to take you life there as that gets underway because it is a historic boat this evening that we will watch together as it unfolds. we also expect a ceremony will follow at the white house, some controversy over that. we will get you the details on how that's going to look and feel, that will be around 9:00 this evening but we begin tonight with karl rove, former deputy chief of staff to president george w. bush and a fox news contributor. great to see you tonight, thanks for being here. >> you bet. >> martha: so let's start with that real clear politics average pole that shows the tightening of the race, about four and a half points between the two, the incumbent and former vice president joe biden, in those really important states. how indicative is that do you think? >> well, i think it's important but probably a natural thing of what's been happening here at the end, particularly after the first debate performance for president trump, there was a little bit of softening

as the senate considers filling the seat of justice ruth bader ginsburg who was straightforward enough in her confirmation hearing to say that the right to choose is quote essential to equality unquote i would suggest that we not pretend that we don't know how this nominee views a woman's right to choose and make her own health care decisions mr chairman i ask unanimous consent that the following 3 documents get into the record. a letter opposing judge bear nomination from the end of any statement opposing judge barrett's nomination from the planned direction of america and planned parenthood action fund and report barrett's nomination romney any legal defense and educational. without objection thank you mr chairman thank you thank you very much. set us a come. questioning supreme court judge amy kearney previously she was focusing on the affordable care act and then she moved on to another issue which is . very closely followed by the democrats which is the the right to abortion which was established in the roe versus wade case less return to our correspondent alan fischer on capitol

supreme court begins its next term without justice ruth bader ginsburg has the partisan battle heats up over her >>and welcome back everyone and thanks for staying with us an eight-member u.s. supreme court began its fall term remotely with justice ruth bader ginsburg's absence. chief justice john roberts noted the court placed black traits right there at her seat ahead of the day's arguments, washington dc correspondent jessi to nor reports on the latest partisan effort to confirm ginsburg's replacement. >>the court is now sitting the u.s. supreme court justice has opened their first monday morning, the late justice ruth bader ginsburg we hit the court will remember her as a dear friend and a treasured colleague chief justice john roberts recognize ginsburg's work during her nearly 3 decades on the bench. she authored 483 majority concurring and dissenting opinions we now turn to the business of the court. the case delaware can require its own supreme court to be evenly split between democrats and republicans well just across the street, the partisan battle continues over the confirm

this is namesake university, stand for, that you are not great our celebration with justice ruth bader ginsburg. (applause) there are many striking parallels between justice brandeis and justice ginsburg. justice ginsburg has dedicated her career as a litigator, judge, justice of the supreme court to advancing equality under the law. like brandeis, ginsburg has used fact based jurisprudence brilliantly to advance social change and both have used their opinions and dissents to educate the public about the social conditions that affect peoples lives. but there are also key differences. when she enrolled at harvard law school, ruth bader ginsburg was asked to justify taking a seat that could have been held by a man. she was one of only nine women in a class of over 500. after transporting to columbia school she graduated to the top of her class but yet, she was turned down for every job for which he applied. but as justice ginsburg has shown countless times, from becoming the first tenured women on the faculty at columbia law school, to be recognized as a powerful voice on the court for equality,

matter what their party affiliations where or where they sat on the political spectrum he said ruth bader ginsburg was confirmed by the full senate by name 36396 votes to 3 and said that even though many republicans realize that her views on some key issues were very much the opposite of that if course referred to the fact that merrick garland was nominated by barack obama 4 years ago in the during an election year but it was the republicans there and then that said no we're not doing this in an election year but have pushed through a. nomination just 16 days since she was formally nominated in that event at on the rose garden of the white house and no it looks as if the vote could well take place

ruth bader ginsburg who we all revere said in an interview last year nine is the right number. nine is the right number according to ruth bader ginsburg. . it has been nine since 1869. lt. col. mcgrath: except for the one year that you left eight all year long. here is the thing, ruth bader ginsburg also said she did not think her seat should be filled until the next president. it does come down to this. when ruth bader ginsburg was initially nominated and confirmed, she was confirmed 96-3 at the time. mitch mcconnell was not the senate majority leader then so we actually had regular order. since he has become the leader, he has made this a partisan, complete weapon of a mess we have with the supreme court. we have got to get rid of him. everyone of the supreme court controversies were started by her party. thomas, cavanaugh, look what they did to cavanaugh year ago. tried to destroy his reputation. under the constitution, the for aent can nominate vacancy on the supreme court any time he so chooses. and as president has -- and this president has for a vacancy during election ye

i think that, for me is what matters most. , like ruth bader ginsburg. ade. i don't agree with amy coney barrett he wants restrict abortion rights. that's a mistake but she shares with ruth bader ginsburg, roe v wade is not the way to decide abortion. that is true. but like with ginsburg, she's actually challenge the police on various cases involving qualified immunity paid she looked pretty good in court amendment issues like ruth bader ginsburg. where she is much better she has a more constrained you of the commerce clause which is part of the constitution that congress uses to justify all sorts of logs. ruth bader ginsburg was very bad on allowing the congress claim to the commerce clause they had the right to govern and regulate every aspect of our lives preselect think 2012 reason had a video specifically about the commerce clause. and the implications within obamacare. i think that is part of what she was taking issue with. when the individual mandates. and obamacare made it to the supreme court with chief justice roberts had the deciding vote in th

three liberals the high court down to eight members following the death last month of justice ruth bader ginsburg issued no opinions explaining its reasons. kasie, how does this impact potential for republicans in the state of pennsylvania? and what else are you looking at? >> well, there's a lot here, mika. i mean, to take just the pennsylvania question for a second, pennsylvania's one of those states where we expect, you know, most of the -- we expect democrats to have an advantage on the mail-in vote if you just look at the way that people are handling the pandemic. it's much more likely to show up on election day, so this gives another three days of counting. it also potentially -- i mean f it all comes down to pennsylvania which my sources on both sides of the aisle agree florida is going to be a big one on election night and potentially for the weeks after. but pennsylvania potentially the

was right to do it regardless that she does have a right to do it the supreme court now with ruth bader ginsburg having been on it was a 54 split 5 justices appointed by republicans for by democrats if this goes through as republicans would like we'll see a $63.00 tilt which means that for decades going forward there can be a almost permanent conservative lock on the supreme court which of course has a huge impact on what laws actually stand in the united states so what role will any one of our the play on the hold with. i mean she has she has many rulings on her record she has many personal statements on her record we can only lean so much on history there is a counter history actually of many justices thought to be conservative with a conservative background a conservative record being appointed by conservative presidents when they finally get to the supreme court being faced with different issues different cases to adjudicate that actually they've leaned more liberal most recently john roberts the chief justice. upholding the most recent challenge the affordable care act much to the frustrati

. >> this is where it will be hard for all of us who are heart broken about ruth bader ginsburg and what the president is doing to the seat on the supreme court. we want it to stop. we want to do whatever we can with passion and with purpose to stop the nomination. they are hoping the emotion of the hearing bleeds out. but there is a clear fact, every single senator that is going to go to the hearing next week should have the test. democrats and republicans. that is a reasonable requirement since mcconnell called off the senate and told everybody to stay home because it is not safe to be in the senate then why the heck wouldn't it be required if every senator in the judiciary committee would take the test? >> i want to ask about the president's clear desperation on the rescue package. he has been seeding the ground for a long time for investigation of the political rivals. it is what he was impeached over. it is why he assigned the errand to dig up dirt on the origins of the russia case and now saying on television go and indict barak obama and go indict joe biden. i think everyone rolls

the playbook goes back to ruth bader ginsburg, whose seat amy coney barrett would potentially take on supreme court. in her hearing in 1993, ruth bader ginsburg said that she would not talk about how she could rule on a potential case. she said no hints, forecast, previews. amy coney barrett quoted her today. there you have it. checkmate. frustrating for democra they can't lay a finger on her, and they don't have the votes to stop her, so all they can do really is to try to draw attention to the rulings they believe shwould cast pivotal votes on, namely the affordable care act, health insurance for millions of americans who don't have that much money, abortion, and same-sex marriage. ros: laura, will senators be calling witnesses to talk about their interactions with amy coney barrett? lara: w-- laura: well, we heard yesterday from amy coneyrett,'s law professor at notre dame university, who spoke of her as a legal scholar. conservatives don't want to talk about hot button issues, abortion, the idea that there could be a contested election that will come before the supreme court, so t

a present danger to so many of the rights of ruth bader ginsburg. it wasn't long ago when we lost her. have we forgotten all the things she thought for, equal rights for women, access to affordable care, all these rights ruth bader ginsburg fought for and that she actually listened to the people who would be impacted by the court's decision. i want to focus on one of these rights, lgbtq. two supreme court justices have already signaled why don't we revisit this because there is no constitutional basis for same-sex marriage. justice alito and thomas, they are good at signaling what they would like him the chance to overturn. if she aligned herself with justice scalia who wrote all the major decisions against lgbtq rights. you combine the fact that she aligns herself with a right-wing conservative wing of the supreme court. very much in line with her mentor, justice scalia. aligned that with her view of the president where she says it is up to every justice to decide for herself what the constitution requires and if a president doesn't align with that

justice ruth bader ginsburg devoted her life to fight for equal justice, and she defended the constitution. she advocated for human rights and equality. she stood up for the rights of women. she protected workers. she fought for the rights of consumers against big corporations. she supported lgbtq rights. and she did so much more. but now, her legacy and the rights she fought so hard to protect are in jeopardy. by replacing justice ruth bader ginsburg with someone who will undo her legacy, president trump is attempting to roll back american's rights for decades to come. every american must understand that, with this nomination, equal justice under law is at stake. our voting rights are at stake. workers' rights are at stake. consumer rights are at stake. the right to a safe and legal abortion is at stake. and holding corporations accountable is at stake. and again, there's so much more. and so, mr. chairman, i do believe this hearing is a clear attempt to jam through a supreme court nominee who will take healthcare away from millions of people during a deadly pandemic that has already kill

before ruth bader ginsburg got into her business with the aclu, ok? guest: thank you. nan aron? that is such a wonderful point. ruth bader ginsburg created looteders of opportunities for -- ladders of opportunities for all of us, women and men in this country. and there's no question that amy coney barrett will undo so much of the progress that we have enjoyed now for years, whether it's in the work place, whether it's protections for workers, young people, old people. ruth bader ginsburg as a lawyer nd a justice was a pioneer for equality, and there is absolutely -- and this is important -- nothing in amy coney barrett's record to indicate, to show that she will continue to make rulings on that continuum. the fear is that she will take us back and eviscerate so much of the progress that we men and women have made. guest: nan aron, founder and president of the alliance for justice, joining us this morning. thanks so much for being our guest. guest: thank you so much for having me. host: more ahead here on "washington journal," as the hearing looms, beginning at 9:00 eastern. we'

we are losining a seat, of ruth bader ginsburg here. i don't want someone that does not share justice ruth bader ginsburg's profound amendment rights. she talked about how congress should have the reign. she talked about it in that case how you should not be throwing out the protection for the voting rights act. as i asked the judge today, they got thrown out because of the majority and now over 20 states having enacted laws that suppressed votes. ruth bader ginsburg was right. judge amy coney barrett wuould not agree she was right. >> is it fair to assume she would go to donald trump and she would not be hold to him for job security, let's say give her the benefit of the doubt. >> let's look at what he has said. he wants nine justices on the court after the election. he made it clear. he went as far to say that they could count the ballot. that was a recent statement he made. it is clear what he's thinking. he sent out every sign. i think she could recuse herself and we asked herself today and she would not commit doing that if there is

justice ruth bader ginsburg devoted her life to fight for equal justice, and she defended the constitution. she advocated for human rights and equality. she stood up for the rights of women. she protected workers. she fought for the rights of consumers against big corporations. she supported lgbtq rights. she did so much more. thenow her legacy and rights she fought so hard to protect are in jeopardy. by replacing justice ruth bader ginsburg with someone who will undo her legacy, president trump is attempting to rollback americans' rights for decades to come. every american must understand that with this nomination, equal justice under law is at stake. stake.ing rights are at workers rights are at stake. consumer rights are at stake. the right to a safe and legal abortion is at stake. and holding corporations accountable is at stake. again, there is so much more. so, mr. chairman, i do believe this hearing is a clear attempt to jam through a supreme court nominee who will take health care away from millions of people during a deadly pandemic that has already killed more than 214,000 americ

judge barrett, you testified yesterday that justice ruth bader ginsburg opened the door for many women in law. and i certainly believe and know that to be true as a personal matter. she was a trailblazer for women's equality and gender equity. as a law student, as a teacher, as a civil rights lawyer and as the second woman to ever sit on the united states supreme court, justice ruth bader ginsburg broke many barriers for women across the country. i believe we all fondly remember her as a person who has patience, she had the will and the vision to make our country a more equal place and a more just place. and one to have things she fought for was a woman's right to control her own body and to make decisions about her own body and health care and reprodurepruk reproductive choices. the constitution of the united states protects a woman's right to choose, whether or when to become a parent. and it protects a woman's right to choose abortion. women of color, immigrant women, women with low incomes, and women in rural areas, they face significant barriers when attempting to access birth con

ruth bader ginsburg, who we all revere, said in an interview last year, nine is the right number, nine is the right number according to ruth bader ginsburg and it's been nine since 1869. >> except for the one year that you left eight all year long. but here is the thing, ruth bader ginsburg also said that she didn't think that her seat should be filled until the next president. and it does come down to this, when ruth bader ginsburg was initially nominated and confirmed, she was confirmed 96-3 at the time. think about that, you know, mitch mcconnell wasn't the senate majority leader then. we had regular order. since he's become leader he's made this a partisan complete weapon of a mess that we have with the supreme court. we've got to get rid of him. >> senator. >> every one of the supreme court controversies was started by her party. borque, thomas, kavanaugh, look what they did to kavanaugh a year ago, tried to destroy his reputation. look, under the constitution the president can nominate for a vacancy on the supreme court anytime he so chooses. and this president has for a vacancy

number one, justice ruth bader ginsburg died on september the 18th. what can you say about justice ginsburg? she was confirmed 96-3. now, those were days that have since passed. i regret that. 96-3. now this was a person who worked for the aclu, someone who was known in progressive circles as an icon. apparently just about every republican voted for her. her good friend on the court, justice scalia, i think got 97 votes. i don't know what happened between then and now, i guess there's -- we can all take some blame, but i just want to remind everyone that there was a time in this country where someone like ruth bader ginsburg was seen by almost everybody as qualified for the position of being on the supreme court understanding that she would have a different philosophy than many of the republicans who voted for her. 27 years on the court. before becoming a member of the court, she was an active litigator, pushing for more equal justice and better rights for women throughout the country. her close friend until his death, justice scalia called her the lea

she is a clear and present danger to so many of the rights that ruth bader ginsburg -- it was not long ago when we lost her, have we forgotten all the things she fought for? equal rights for women, access to affordable care, lgbtq rights, all the rights that ruth bader ginsburg fought for and that she actually listened to the people who would be impacted by the court's decision. i want to focus on one of these rights, lgbtq rights. one of my colleagues mentioned -- two supreme court justices have already signaled, this is what they do. they have signaled, why don't we revisit this? there is no constitutional basis for same-sex marriage, this would be justices alito and thomas. they are good at signaling what they would like to have a chance to overturn. judge barrett aligned herself with justice scalia, who wrote gayr decisions against rights, including the last one. she combined the fact that judge barrett aligned herself with the right wing conservative wing of the supreme court. she is very much in line with her mentor, justice scalia, combined that with her view of precedent, where

the phrase republicans have seized on comes from the standard delay justice ruth bader ginsburg laid out during her 1993 hearing on her nomination to the high court. this is what ruth bader ginsburg said. "it would be wrong for me to say or do preview in this legislative chamber how i would cast my vote on questions the supreme court may be called upon to decide. were i to rehearse here what i would say and how i would reason on such questions, i would act injudiciously. judges in our system are bound to decide concrete issues. a judge can offer no hints, no previews." that topic coming up quite a bit over the first a little over three hours of today's confirmation hearing. one exchange in which judge barrett declined to offer her opinion has gotten a lot of attention. here is a "washington post" story about it. judge barrett declined to answer when senator feinstein, the ranking member of the judiciary committee, asked her whether the constitution gives the president the authority to unilaterally delay an election, and bang idea that trump has floated. the president has -- an idea th

ruth they are ginsburg. have we forgotten all the things she fought for? equal rights for women, access to affordable care, lgbt q rights, all the rights that ruth bader ginsburg fought for, and she actually listened to the people who would be impacted by the court's decisions. i want to focus on one of these rights. lgbt q rights. one of my colleagues mentioned the border film. two supreme court justices have signaled, this is what they do, they signaled why don't we revisit, there is no constitutional reason for same-sex marriage. this would be justices alito and thomas. they are really good at signaling what they would like to have a chance to overturn. judge barrett aligned herself with justice scalia who wrote all the major decisions against gay rights including the last one. you combine the fact that judge barrett aligns herself with the right-wing, conservative wing, the supreme court, she very much in line with her mentor, justice scalia, with her outlier view of precedent where she says it is up to every justice to decide for herself what the constitution requires that if president does not align with that, down goes the president. that is why roe v w