Brennan for a moment, politics were put aside. She never failed. She was fierce and unflinching in her pursuit of the civil rights of everyone. Brennan less than two hours after Justice Ginsburgs dying miss was made public, that she not be replaced until a new president is installed, political reality has set in. With the Supreme Court now leaning right, another justice will impact Court Decisions for years to come. President trump so we win an election, and those are the consequences. It is called, fill that seat, and thats what were doing. Brennan for the republicans, it is a new rallying cry. Fill that seat President Trump would you rather have a woman onyes, . Yes . [cheering] President Trump or would you rather have a man on the Supreme Court . Brennan on for democrats, it is an opportunity to mobilize the left to get out and vote. What Mitch Mcconnell does not understand is this fight has just begun. [yelling] and one more time [yelling] brennan well hear from two key senators, rory blunt and cory booker. Former president bill clinton, who appointed ginsburg to the court reflects on her life and legacy. And then as we approach new milestones in covid19 cases, Scott Gottlieb will give us a reality check on the race for a vaccine. It is all just ahead on face the nation. Brennan good morning. And welcome to face the nation. There has been yet another Seismic Shift in the 2020 president ial campaign, and this one has ramifications that could last for generations. The vacancy left by the death of Supreme CourtJustice Ruth Bader ginsburg has already become a brutal political battle, as mourners came out in cities across the country to honor here despite the pandemic. The largest crowds included her home state of new york and at the Supreme Court here in washington. We begin our coverage this morning with cbs news Legal Correspondent jan crawford. Good morning to you, jan. The president said last night at his rally he will appoint a woman this week to replace ginsburg. What are you hearing about the timing of that announcement . Well, sources tell me it is going to happen with lightning speed at some point this week. There is already a very, very short, short list, with just a few top contenders. The president said it is likely to be a woman. Amy from indiana, and judge barbara legot of florida. Trump interviewed her for the last vacancy. She is a favorite of religious conservatives, strongly antiabortion. And she had a tough Appellate Court hearing, but she stood strong. There is growing momentum for barber legot, she has a propelling story, firstgeneration cuban american. The question with her is timing. If the white house wants to move, as it said, this quickly, the train may have already left the station with amy barrett on board. Brennan we know that the court had already scheduled its new session and a key hearing november 20th fo10th for the Affordable Care act, in the shortterm, what happens now that ginsburg isnt on that court . Well, in some ways it is just going to be business as usual. There were vacancies before, and the court has rules on how it operates. And it is now by telephone, of course, because of coronavirus. With eight justices now, the controversial cases that might have been 54 could be 44. What does that mean . The Lower Court Decision in those cases would simply be upheld. There would be no binding Supreme Court decision. The Lower Court Ruling stands. And this also somewhat dilutes the power of chief justice john roberts. He kind of joined the liberal justices for a fifth vote. Now he is not going to be able to rein in the conservatives as much as he does in the case. And they also could hold the case over for reargument when a new justice joins the court. They have done that many times in the past. Brennan we know for many reasons, including the pandemic, this is going to be a really unusual election year. For the possibility that this could be contested and we can see what happened back with bush versus gore, and an election ends up in front of the Supreme Court, what would happen in the scenario you just happened wittalk about with this split . It is 2020, and we have the think this could happen. In that case, if there is a tie, the Lower Court Decision would stand. That would be the final say. But i do not think, margaret, that that will happen. I do not think that the justices on the Supreme Court would let the Lower Court Ruling say youve got the final word, we just cant come to a decision. I dont think theyre going to do that, if it comes to that. Brennan you know, jan, this is a firestorm, but there has also been a lot of praise for Justice Ginsburg from across the political spectrum. Given the moment were in, youve covered the court for so long, what stands out to you . I have never seen anything like it, the outpouring of grief, the political battle over what is going to be her replacement. And, of course, her outside impact on the law. I mean, people identify with ginsburg as a trailblazer, a pioneering figure. They felt like they knew her. For them, this is personal. So it is a dramatic event no matter who is in the white house, but now with an election a month and a half away, there has never been anything like it. There have been battles to replace pioneering justices in the past, Thurgood Marshall comes to mind, but that was in 1991. 2020 is completely different. Brennan indeed. Jan crawford, thank you so much for your insight. We want to go to the ticaponent here, and chief Congressional Correspondent nancy cordes. When do we expect the no one to Begin Holding Hearings for a nominee, once we hear who that is, and when should we expect a vote . Reporter margaret, most of the senators ive spoken to this wee weekend will expect to get the ball rolling right away, before november 3rd, before the president ial election. The question is whether theyll try to hold a final vote on this nominee before the election as well. The average length of time from nomination to con firp makeconfirmation for a Supreme Court justice is about 70 days, and there are only 43 days now between now and the election. So it is a very tight squeeze. But there are 105 days 104, rather between now and the date that a new congress is sworn in. That is really the cutoff date. So there is some wiggle room there. Republicans could push this through in a lameduck session. But you can imagine the uproar if the president loses the election and yet his nominee is seated on the Supreme Court. Or if mailin ballots are still being counted for weeks after the election, and thats when all of this comes to a head. Brennan nancy, is the bottom line that Senate Democrats are completely powerless to put the brakes on this . Reporter there is very little that they can do procedurally to slow this down or stop it. All they can do is try to put public pressure on republicans. Already two Senate Republicans have said they want to slow things down, wait until after a new president is chose, Susan Collins of maine, but it is difficult to see who the other two republicans are that would join them that would be enough to stop this vote. You heard Chuck Schumer say to his leagues yesterday that hay may retaliate next year if republicans go ahead with that, but only underscores how little he can do right now. Brennan nancy cordes, get ready, youre going to be busy. Thank you very much for your insight. Joining us now is the man who nominated Justice Ginsburg for the cou former president bill clinton. Good morning to you. Good morning, margaret. Brennan im told you spent time with Justice Ginsburg last september down in little rock, when she was in poor health. She was just coming out of the hospital, but she had promised to give this speech, and she was determined to give it. And the people down there appreciated it. The people were really pulling for her, and they really gravitated to her because of her sense of equality and fairness. And they thought, unlike much in politics today, she was totally on the level. She just never stoppedshe sad hd had a good time doing it. Brennan why did you splecselect her . Because i found that she had the best combination of skills and instincts of any of the people i interviewed, and, boy, i interviewed some great people. And i reviewed 40 candidates, settled on five, and then got down to three. But i just you know, hillary mentioned to me that she thought i ought to look at her more closely. So i read, first of all, the account of the cases on genderequa genderequality she prevailed in on the Supreme Court as a lawyer. Before she ever went on the court of appeals, she had done enough to shape a generation. And then i read her court of appeals, and i was really intrigued. So i invited her to the white house to come and talk to me. She came on a sunday night and we werent interrupted. And after she had been there about 10 minutes, i just knew i wanted to appoint her because i wanted somebody who was openminded, compassionately committed to equality, and capable of working in the setting of the Supreme Court. I figured of all of the people id met, she had the best judgment on when to work with others whenever she could, and when to stand up when she couldnt stand it anymore. And she proved, for 27 years, that i was right about that. She turned out to be even better than i thought. Brennan the new yorker reported that when her name was first floated to youaniel patrick moynihan, you had some misgivings. Why . I dont remember that. First of all, there were everybody that i know is taking credit now for 27 years for nominating her, but i didnt have misgivings. I know that i did what i always do. I said that i would look at it, and if i heard any questions, i would ask those questions. For example, i was intrigued by her a number of her opinions and her ideas that she thought. She supported a womans right to choose but thought that the case should have been decided under the protection clause rather than the constitutional right to privacy. I wanted to know why. When we met, i did talk about that. But there were some people who thought sh was its funny now thought she was too conservative. And thats because anything that is political tends to be twodimensional, almost cartoonish in its demand for labelling. And she was not a woman to be labelled with. She was who she was. And i was immensely impressed. Brennan if a democrat were in the white house andraony insist on a vote, on a nomination while in control . I dont know. There is a difference between what happened with judge garland. That is, with judge garland, youre talking about missing probably one and a half full terms of court. It was almost a year. But there is a traditional of the president fo foregoing an toyota when youre close appointment when you are close to an election. Abraham lincoln faced the very same thing. Early in october, Justice Tommy died, and he couldnt know for sure if he was going to win election. So he knowingly waited until after the election. He thought the people deserved to have a say. Thats what senator mcconnell said they deserved back in 10 months before the president ial elections in 2016. So it didnt take them long to change their tune. But that is their tune. But you cant possibly be surprised that senator mcconnell and President Trump are taking the position they are. They are there for whatever maximizes their power. I dont know what the democrats would do. Brennan do you think this galvanizes democratic or Republican Voters more . Are the democrats losing an opportunity not having talked about a potential vacancy earlier on in this race . Probably, but, you know, we all respect the death of ruth Bader Ginsburg, and we thought we had no business talking about her as if she were gone. We were hoping she would live longer. I dont think there is anything that can be done about that. But i think that the voters should at least know that if you put one more conservative, particularly idiological conservative, republican on the court, theyre giving up the Health Care Bill for 20 million Peoples Health insurance, losing all of the preexisting conditions for tens and tens of millions of people, and no help on the health front. That just one example. So there are consequences. But there are a lot of other things that could go either way. So there is a lot at stake here, and since it is only 40 days, i think that maybe the democrats should there are no rules on this. There is no law. So well just have to see what happens. But if were going to have a vote, then it is important that the democrats and the republicans make absolutely equences of it are. Rs brennan mr. President , thank you for your time and your reflection. Well be right back with more face the nation. Stay with us. peter walsh people came and they met and they felt comfortable. Its what we did with coogans. You felt safe and, if you were safe, you could be joyful. Everybody has a coogans. And almost half those small businesses, they could close if people dont do something. We have to keep our communities together. Thats how we get through this. Brennan were back with missouri senator rory blunt, and he joins us now from capitol hill. Good morning. Good morning, margaret, how are you this morning . Brennan im doing very well. There was so much heartfelt ou wake of Justice Ginsburg deaths death, and then within hours we heard her dying wish, as relayed from her granddaughter, that it be held up, her replacement, until there is a new president. Why is that being ignored . First of all, i wish we had more time to celebrate ruth Bader Ginsburg. She was amazing, had an amazing life. Very smart, very determined, very dedicated to the job. In recent years, she has more often been in descent than in the majority. But when she was in descent, the majority had to be at their very best inwhy their oas their opn was. She served the country well, a brilliant mind, and made a difference in our country. From the point of view of that dying wish to her granddaughter, of course that is totally reasonable to understand that she would rather have be replaced by a president that might be of the same party that nominated her to start with, but the constitution is the constitution, and, you know, it takes two things to replace a Supreme Court judge. One is that the president has o nominate them, and, two, the senate has to determine they want to deal with that issue at that time. Brennan right. And even with president obama, i said not only will he nominate a replacement in this vacancy, but he probably has a constitutional obligation, just like President Trump me nomination. And President Trump will. Brennan can and should are different. Back in 2016, you refused to wit obamas nominee, and you said at the time americans will be voting in just a few months, and that election should help determine the next member of the Supreme Court. Why has your position res e inower . But i also said at the time, several times, exactly what i just said to you, which is two things have to happen for a person to go on the Supreme Court. In the tradition of the country, when the senate and the president were in political agreement, no matter what was the election situation, judges went on the court and other courts. When they werent in agreement, they didnt, and we were in a situation in 2016 where the white house was controlled by one party, the senate by another, and the referee in that case was going to be the american people. In this case, both the white house and the senate have some obligation to do what they think in the majority in the senate is the right thing to do, and there is a Senate Majority put there by voters for reasons like this. Brennan so and i said that over and over again in 2016. I checked the record on this. Brennan im sure you did because you know, and youre hearing all of these cries of hypocrisy. Just assuming were charging ahead, as you just laid out, and voting is under way in a number of states in this country. When it comes to the hearing, should we expect this nominee, whos name well get in the next few days, according to President Trump, should we expect the hearings to start before november 3rd . You know, i dont know. That will be up to when we get the nominee brennan well, it will be this week. Well, if we get it this week, what kind of vetting needs to be done, and then what chairman graham decides he can do. This should take as long as it needs to take. Brennan so he has not agreed to do a hearing before election day well, i havent heard that. I havent heard if he has. This should take as long as it needs to take, but no longer. There is plenty of time to get this done. But to get it done before ecti day, ething hasnk, pretty precisely. Ruth Bader Ginsburg was confirmed nominated and confirmed in 40 days. Other justices have taken longer than that. And i dont know how this process will move forward, but i do know that the constitution prevails here in terms of how we do this. Brennan you said speed is a big facto through a proce has met with the president before, and she has active paperwork. You voted for her in the past. Does she have a leg up in this process . I dont know if she doe does or not. I voted for her in the past. I would be pleased to vote for her as a justice on the Supreme Court. Almost all judges recently confirmed that had an experience that led to confirmation, some of them different than others, but oconhat makthrough tho has n it otherwise state,elomp mentioned,gt than,ak judge legot, he praised her do you need that . The president has to make that decision. I think she got 80 votes when she was confirmed. She certainly got a substantial majority. There are good choices out there. Im sure the president is going to make one. I look forward to the name he sends up and what they may add to the court. 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