consideration. one more round of 40-year-old scare tactics will not stop us from doing the right thing. >> shepard: there you go. mitch mcconnell talking about precedent and what has happened in the past. chad pergram joins us live now. he's up there on capitol hill. the arguments can be made interchangeably cycle to cycle on which party is doing the appointing. >> yeah. the different here, if they nominate a conservative justice, that this will change the balance of power. anthony kennedy was viewed as a swing vote on the court, maybe switching this to 5-4 to 6-3. this is interesting. we heard earlier today from bob casey, the democratic senator from pennsylvania who is up for