ruth bader ginsburg was all there in her mind up until the end, but she was 87 and had a lot of health problems, and health issues, and age sometimes is correlated, and that really is what people are talking about. supreme court justices serve for life, so when you talk about the supreme court, you are looking at basically the geological timescale as opposed to the political cycles of the house, senate, and white house, with turnover with regular frequency. so, that is really what we are looking at. justice thomas has been there since 1991, right? i mean, that is a long time on the supreme court. and so, since these vacancies occur so rarely, and can occur without any planning, as in the unexpected deaths of justice scalia and justice ginsburg, people who care about the ideological direction of the court are making these calculations. the justices, we don't know exactly how much they are calculating the stuff in there, but they don't like this kind of talk, and one of the influential people on the right, leonard leo, who advised president trump on his appointments in the first trump ad

it's actually a quote from ruth bader ginsburg. but the reason i loved it so much was because to me, the legal relationship between the u.s. and puerto rico does create this kind of in an unknown, intelligible sort, untenable, never, never land where puerto rico is a unincorporated territory. so you asked me about danzy bedwell in particular. this is this 1901 supreme court case that tries to answer the question, what is this place? right. it's after the u.s. first acquires its overseas territories, guam, the philippines is with the rico. cuba and the question is now, what do we do with these places? right. we have these places. they're mostly populated with people who are not speaking english. right. many catholics, which at the time, you know, not seen as sort of white, a similar ball. people. and so it's really question of these folks are mixed race and they're not they are decidedly not so how do we establish some sort of relationship and so there's series of cases called the insular cases from this early early period. and they

you know, i think about a ruth bader ginsburg, for instance, you know, growing up in a community in flatbush, brooklyn, really of holocaust survivors at a time when so many jews across the world had just been devastated uh by the events of the holocaust and to be part of a community and eventually go on to be her high school valedictorian and go off to school and eventually uh to law school and emerge as one of the brightest stars of her law school class. but then couldn't get hired by a traditional law firm and went on uh to practice at the highest levels of advocacy a eventually on the supreme court, yoknow, that's part of the resience of the american journey. d john lewis, uh of course, a grt american, you know, i'll never forget on the floor of the house. i ran into john lewis,ou know, we get to serve with these legeary figures and i, i saw john lewis on the floor myirst day and uh and somehow i made my waover to him and he says, are you the new guy? i said, yes, sir. anyone with sense called john lewis, sir. he said you're from brooklyn right now. i have tadmit liz, i was tempted to say

the ghost of ruth bader ginsburg looms large here. remember with justice breyer. him to step down and he took two years before stepping aside. could be a three- dimensional chess not wanting to pressure the justices. the goal, maintain super majority as long as possible. in talking to sources it's clearly oh clear, pressuring them. look, don't do that. a strategy when it comes to the court. see fe the calls get louder as trump gets closer to inauguration day. >> i feel 70 is young, but -- everything is relative. who is -- when people are talking about her stepping down who are they suggesting replace her? >> for sotomayor a list of people on the short list the last vacancy. no one that's actually involved in building those lists seriously thinks she's going to step down and the bigger question, who could trump appoint to replace either alito or thomas. remember the first time trump ran released a list of names that caught a lot of people's attention. asking for the list. paula, the judges he appointed to courts of appeals. look on the bench. kind of know the short

. >>> the supreme court justice, ruth bader ginsburg has died at the age of 87. >> september 2020. >> we love you, minnesota. you're great. >> when news broke of justice ginsburg's passing, donald trump was rallying crowds in northern minnesota. >> it was this surreal moment where the president of the united states is on stage and has no idea that this seismic event has just occurred. >> she just died? wow. >> almost two hours later, trump would find out. >> finding out for the first time. she led an amazing life. >> blue jean baby is playing in the background, and he kind of takes on this solemn tone about her passing. >> i'm actually sad to hear that. >> but clearly and almost instantaneously, his aides inside the west wing and republicans on capitol hill were gearing up for what they knew would be a fight to get a new supreme court justice nominated and confirmed. >> a fight because ginsburg's passing was so consequential. >> it had seemed clear that chief justice john roberts had openly expressed his belief that precedent bound the court to move slowly. and that made it seem unlik

first of all ruth bader ginsburg was in her 90s. >> greg: i think he's right. hear me out.re are people in the media blaming sexism and racism but if they had followed thesete la and on thees right thing the 25 amendment because joe was incapacitated she would have been the first black female w president it would've been historic but we know he is not presidency is incapacitated he is incapable n and so all of these people that are blaming racism and sexism should demand that he resign so she can assume the duties unless you are racist and you are misogynists.ou if you are racist and a misogynists for not applauding this idea. joe biden should resign she shouldit be made president if y don't do it you're a racist misogynists. >> jeanine: the amazing part is they are worried about how she is going to feel. she deserves like a feel bitter kind of thing. >> absolutely does not deservet that and if offered this she should reject it. and say i did not earn it. >> communications director does that make sense now?or, >> it just takes you inside the mind of the democrats so what th

we all saw with ruth bader ginsburg did to build her extraordinary career, creating an amazing legacy. ever to it all washed away by sticking around too long and as someone who believes so deeply in term limits, creating space for other americans to participate, and recognizing the consequences of sticking around too long, if the supreme court justice sotomayor, her health situation is different than some may recognize, i would hope that she would proactively step aside so yes, joe biden can appoint, at least try to, appoint somebody else. we have fallen short way too many times. we democrats, by frankly, sticking around too long as evidenced by joe biden himself. so yes, we do have an issue. if her next four years makes the circumstances complicated. it should be her decision. i wish more people in positions of power would ultimately put the country ahead of their self-interests. if we did, we would be at loe better off on both sides of the aisle. >> i appreciate your taking the time as always, telling it like you see it. great to see you, sir. >> thank you. be well. >>> next for the

contends with well serving on the bench, but, i don't want justice soto mayor to be another ruth bader ginsburg in terms of staying too long. >> democrats, snap out of that one. she is staying put. next fantasy? president biden resigns allowing vice president kamala harris to ascend to the white house. >> there's one promise left he can fulfill, he can resign the presidency in the next 30 days. make kamala harris the president of the united states. he would absolve him from having to oversee the january 6th transition, of her own defeat, and it would make sure that it would nominate the news at a point where democrats have to learn drama and transparency and doing things for the public. >> again, democrats, you might want to wake up, that's not going to happen but it would force trump to throughout anything with 47th president on it. there's one more idea. a shadow government similar to the uk. a group of lawmakers that mirrors the cabinet and publicly challenges them. say senator elect adam schiff , as shadow attorney general, congressman gregory meeks, secretary of state or colorado senator m

i don't want just a soda mayor to be another ruth bader ginsburg in terms of staying too long. what does this mean for the court? the court to 6-3. if we are able to replace it with a biden justice it would still be 6-3. the possibility of justice soda mayor having to resign or retire in the next four years is extremely high. you couple that with alito and clarence thomas , that means you go from a 6-3 court to 7-2 court in terms of conservative versus liberal. i hope joe biden makes the next 10 weeks as consequential as he can't be at i don't care about drawing outside the lines of what republicans may think, this is within your purview you can do it and you should do it. one more thing, you had a of a vice president who has a legal pedigree to sit on the supreme court and let republicans go crazy and even mentioning that option. >> are you floating this? 7:39 a.m. , you just floated molly harrises name as a potential supreme court nominee. >> not only am i floating at i want to stir up everything. i want people's heads to explode so we go into the weekend just knowing the cha

they want to throw joe under the bus, first of all ruth bader ginsburg was in her 90s, wasn't she?>> i think he's right. hear me out, there are people in the media that are blaming sexism and racism for harris being rejected but at the democrats had followed the law and done the right thing which means the 25th amendment because joe was incapacitated she would have been president, she would've been the first black female president, it would've been a historic first but they didn't and they should have. he's not president now he's incapacitated he's incapable of thinking. all of these people who are blaming racism and sexism should demand he resign so she can assume the duties unless you are racist and you are misogynist. jessica you are racist and misogynist for not applauding this idea. joe biden should resign right now she should be made president if you don't do it you are a racist misogynist. >> jeanine: the amazing part of it is they are saying they are worried about how kamala is going to feel. having lost she deserves a feel better kind of thing -- >> she actually does not d

either by death or serious illness and even if we go back just four, there were two deaths with ruth bader ginsburgnd khalia and most justices in the modern era have left in their 80s so provide a little bit of a reality check for this part of the segment and even though donald trump has already had such a strong hand on the supreme court pointing people who enhance gun rights or diminished reproductive rights and federal regulatory power , we do have to wait and see if any justice actually does lead and gives him a chance to fill another seat. >> you have interesting new reporting on the youngest justice amy coney barrett. how is she being viewed by her colleagues ideologically? >> sure. when i talk about who has come on the court in recent decades, when you go back and look at her republicans have been able to staff this court, liberals have always been searching for a center and over the last 20 appointments the republican presidents got 15 of those in democrats only got five. so there has always been this quest for a center. that is what we see now with the three remaining liberals on the court

of the national constitution center as well as a law professor at gw law school interviewed ruth bader ginsburg at that point, shortly before her death. he said, people are debating about due process concerns in the context of the #metoo movement. how do you accommodate between or balance the competing concerns of women's equality? she was saying, you don't choose. you have both. you need due process to advance women's rights. by the way, this really ties into the larger theme here that i see your paper being so important to illustrate. that's the reason that ginsberg gave for choosing to locate her advocacy and her litigation in advancing women's rights at the aclu in particular. she was asked why this organization that is so well known for free-speech and other rights, why not go to it? they focused specifically on women's rights. she said, that is strategic. it's a matter of understanding the right at issue. it had to be situated within an overall general agenda of all human rights. all fundamental rights for all people. and ginsberg, i was thinking of some of her famous lines. you actually

70 is not that old in this day and age, but she is also a type i diabetic, and we also what ruth bader ginsburg to build her extraordinary career, create an amazing legacy, to help have it all essentially washed away by sticking around too long, and as someone who believes so deeply in term limits, creating a space for other americans to participate and recognizing the consequences of sticking around too long. if supreme court justice sotomayor, her health situation is different than some may recognize, i would hope that she would proactively step aside so that yes, joe biden could appoint -- at least try to, appoint somebody else, because we have fallen short way too many times, we democrats , but frankly sticking around too long, as evidenced by joe biden himself. yes, we have an issue if her circumstance makes the next four years, get it from a health perspective, i hope she would consider doing that. i don't think it is bernie sanders, me, or joe biden's decision, it is hers . i just wish more people in positions of power would ultimately put the country head of their health interest. if we

nominates amy coney barrett to the supreme court after the completely unforeseeable death of ruth bader-ginsburgan imagine, the democrats went right to the nearby kinkos! >> behind me is the mcconnell rule. on february 13, 2016, when justice scalia passed away, senator mcconnell said, and i quote, "this vacancy should not be filled until we have a new president." >> jon: and so amy coney barrett was forced to head back to her homestead, never to be heard from -- oh, they didn't give a [bleep]? oh, right, i forgot! they didn't give a [bleep]! look, let this show be the utterly ineffective hypocrisy-finders. i can tell you from experience, it does nothing! you guys be the loophole guys that figure out how to get shit done. because they don't give a [bleep] about your norms! they will exploit any loophole, even if they have to go through clearly closed windows to do it. you would think after trump's presidency, democrats would have learned. but they doubled down. when biden tried to get immigration reform into the inflation reduction act, and the senate parliamentarian told him he couldn't, did he

ruth bader ginsburg, she decided not to do this. they tried to push her out.. sonia sotomayor is 70. she is young. she is saying let's do this. do it during lame duck replace her with a younger democrat. >> yeah. ainsley this there are all kinds of potential risks to this. justice sotomayor has not signaled she wants to go anywhere. recently in arguments she seems completely engaged and up to her normal self-for this job. you know how this works. sometimes the public pressure as it did with justice ginsburg has the opposite reaction people anything and don't want to go anywhere. it's very tight in the senate. you could lose, depending on who president biden would nominate if you could convince justice sotomayor to retire. you know, you could use a joe manchin, a lisa mur cow city a susan collins. this is so tight i don't know if democrats want to take that risk. she seems like she would be health and intellectually she would be fully equipped to go another four years. i think she probably gig digs in. >> ainsley: i would think. so no senator seems to be offeri

you know, she is younger about ten years younger than ruth bader ginsburg was at the time when that conversation was being had about justice rbg. and i also think it's just -- people have to be rooted in the recently of the situation -- reality of the situation. it is -- it is unlikely that even if justice sotomayor would say she was ready to step down. democrats would be able to confirm a supreme court justice between now and january 19th or the more -- the early mornings of january 20th. you know, just senator manchin has said he's not going to vote for judges that don't have republican support. that's the same for the lower court judges and appeals court and district court and also for the supreme court. what -- i mean what should the strategy be if that is the case and you have got all these folks as you just noted, waiting for confirmations, if they don't have republican support or maybe -- because if i'm the republicans, i'm not going to give republican support to any of the judges. right? that are waneth waiting in line. -- waiting in line. i know it would be the proper thing to do. >> i

no more than it was a knock on ruth bader ginsburg who was an incredible jurist and icon to a lot ofe should have gone a lot earlier than she did because look what we were left with after she passed away sadly. and i don't want to sit here and say, because we don't want to disrespect women or latinos, there is a deep bench of women and latinos and anything else that you might want to expect who are in their 40s and 50s who could fill that seat. it does not need to continue to be filled by somebody who may give donald trump yet another opportunity to fill that court seat. >> look, i'm not agnostic about it. we have to think seriously about that path forward. i would also say that the senate actually has a little time to start actually confirming judges right now. and that very small window is about to expire, and i think one of the things that chuck schumer is thinking about and getting pressured to do is start to be able to promote judges today so that that bench could look a lot different by the time donald trump takes office. >> could we talk about the pipeline? democrats have been

then within ruth bader ginsburg passing away, i think it was september of an election year.seat within 30s with donald trump's pick so, you know, that's what democrats need and i'm not particularly pleased with what chuck schumer has been doing over the last month or so. >> if not schumer, who do you see? who do you see as stepping into that role schumer can schumer can do it schumer just has to understand that the days of the robert byrd senate are over. >> i mean, when i worked in the senate, god, now, 25 years ago, robert byrd was still alive and it was a very different time. these kinds of robert's rules of order senators are gone, and republicans figure that out right away. and democrats unfortunately, are still sitting here saying, well, we can't really the rules don't really allow us to do this. we have to cut deals with republicans. if we want to get stuff done. i don't think mitch mcconnell has ever cut a deal with democrats. to his credit, in his life. he just does what he wants to do. that's why he was such an excellent leader for the republicans and that's why re

ruth bader ginsburg, for example, and all of that changing kind of the focus for both parties in theidst of big change. that means that while it might be about the economy, what's happening across especially reproductive rights is really important for unaffiliated voters, women who are independent in swing states. that's the demographic that the harris team has been going really hard at the last couple of days. >> but for people who are not like my neighbor sarah, for example, she forms a study group with her friends. she i mean, she attacks it like it is her her, you know, her her dissertation. right. for people who aren't like that, caring about the supreme court can be a big ask. how do you get how can you how do you get voters to get there? >> right. so what you do is you talk about the wraparound of reproductive rights. so a lot of these voters, 18 to 34, see this as a health care issue. they see this as important. their financial situation. they see much broader element. and that's where the campaigns have to make that argument. you have seen that because the gender gap as as w

but unanimously, ruth bader ginsburg agreed with clarence thomas and they said arranging for access,arranging phone calls and meetings. that does not meet the federal criminal law. so, look, i mean, if boris epstein is taking money from people on the promise of access, he would not be the first. >> one other thing, too, that i just want to make a point and what i was saying about how nobody's ever really did trump critics epstein with helping keep him out of legal trouble. epstein assembled. yes, he is under indictment himself in arizona he also assembled the legal team around trump he advocated this strategy of delay delay, delay that they used. that ended up pretty successful because the federal cases didn't go to trial. one of the indictments was dismissed and you know, he was not sentenced before election day, which was a huge deal. and that means a lot to trump, too. >> and you know what? i was also thinking about is trump had this very small circle around him after he left office. >> it shrunk so much to where, surprised there were no reporters waiting to to follow him around t

ruth bader ginsburg was all there in her mind up until the end. she was 87.ad a lot of health problems and health issues, and age and health are sometimes correlated. that is what people are talking about. supreme court justice to serve for life, so when you talk about the supreme court, you are looking at the geological timescale opposed to the political cycles of the house, senate and white house, which turnover with regular frequency. that is what we are looking at. justice thomas has been there since 1991. that is a long time on the supreme court. since these vacancies occur so rarely and can occur without any planning with the unexpected deaths of justice scalia and justice ginsburg, people who care about the ideological direction of the court are making these calculations. the justices, we don't know exactly how much they are calculating, but they don't like this kind of talk. one of the influential people on the right, under dileo, who advised president trump in the first trump administration on his appointments, and remains a powerful figure in the co

>> i think that the democrats are going to treat joe biden like they treated ruth bader ginsburg, thehat you will be hearing from some democrats. i was just looking back at presidential races, josh, it's very rare, seven of last eight presidential -- the republican has not gotten over 50%. right now trump has 51%. that's a big deal. you heard some democrats, let's get rid of the electoral college. donald trump would be winning and that's a rare thing with the e exception of george w. bush, you haven't seen that. extremely strong showing. tim is right. the house could still get taken by the democrats. we won't know probably for a week but this might be a candidate problem more than red wave across the country. >> we will have to leave it there for just a moment. don't go anywhere, guys, because you are really smart and i want to talk to you some more and we still have some time. more from our panel and election night in election, our coverage is coming up on spectrum news. ♪ ♪ ♪ ♪ ♪ >> polls close in all 50 states, candidates need 270 electoral votes to win and as we have been reportin

i will say, roe was overturned because donald trump was able to fill the appointment of ruth bader ginsburg, who did not retire. it's just reality. >> yeah. >> and it changed 50 years of precedent. >> changed everything for women. >> i don't think he can just say, no, no, it doesn't make sense. it probably makes sense to talk about it. if you don't talk about it, that's fine. why don't democrats keep doing what democrats are doing, have been doing, their leaders in washington, d.c., and just pretending? pretending that if they're polite, never offend anybody, everything will go away. it doesn't. >> that's a bigger conversation. >> it keeps coming to your doorstep. yeah, it is a bigger conversation what we're going to be talking about in our must-read opinion pages. >>> this morning, so many people talking about this. >> a lot of calls about it. >> talking about the things democrats were afraid to talk about during the campaign. >> we'll do that. >>> finally, pbs kids is rolling out an animated series for younger children that features main characters with autism. according to the network, c

it's actually a quote from ruth bader ginsburg. but the reason i loved it so much was because to me, the legal relationship between the u.s. and puerto rico does create this kind of in an unknown, intelligible sort, untenable, never, never land where puerto rico is a unincorporated territory. so you asked me about danzy bedwell in particular. this is this 1901 supreme court case that tries to answer the question, what is this place? right. it's after the u.s. first acquires its overseas territories, guam, the philippines is with the rico. cuba and the question is now, what do we do with these places? right. we have these places. they're mostly populated with people who are not speaking english. right. many catholics, which at the time, you know, not seen as sort of white, a similar ball. people. and so it's really question of these folks are mixed race and they're not they are decidedly not so how do we establish some sort of relationship and so there's series of cases called the insular cases from this early early period. and they