Transcripts For KTVU FOX News Sunday With Chris Wallace 20240712

Shift in the courts make up for issues central to americans lives . We will discuss that with ken starr and Laurence Tribe. And our panel on how the nomination battle could upend the election. All right now on Fox News Sunday. Brit and hello again from fox news in cleveland. We are live on the campus of Case Western Reserve University and the Cleveland Clinic. The site of the first debate between donald trump and joe biden, moderated by our very own Chris Wallace, who is preparing today. The Supreme Court vacancy number President Trumps third and to selection of Amy Coney Barrett as his nominee at a new twist. Mark meredith at the white house and Jacqui Heinrich Jacqui Heinrich in wilmington, delaware. Lets start with the latest on the president s Supreme Court pick and what we know about the timeline for a confirmation process. Mark. President trump hopes to fire up his base with his new Supreme Court nominee but with election day fast approaching, the white house knows getting judge barrett confirmed by the senate will be contentious. Is a very proud moment indeed. Late saturday President Trump made it official, he is nominating seventh of her stomach Amy Coney Barrett to the Supreme Court she is a woman of unparalleled achievement, towering intellect, sterling credentials and unyielding loyalty to the constitution. A favorite of the conservative establishment as a catholic, a graduate of dame and former clerk for the late justice antonin scalia. His judicial philosophy is mine too. A judge must apply the law as written. Democrats are outraged republicans are pushing her nomination forward just five weeks before the election after republicans locked president obamas nominee Merrick Garland for the same reason in 2016. Senate minority leader Chuck Schumer says democrats are concerned with her record on abortion and dilute religion. I will strongly, strongly, strongly oppose this nomination. Two g. O. P. Senator say they will not vote in the nominee before the election but the majority of republicans appear ready to hold a hearing at Senate Judiciary Committee Chairman Lindsey Graham says his committee will hold four days of confirmation hearings beginning the week of october 12th. The president told reporters last night he thinks her confirmation will move fairly fast and as he believes a confirmation vote will happen before election day. Brit. Brit Mark Meredith reporting for the white house, thank you, mark. Alex turned to Jacqui Heinrich, covering the Biden Campaign in wilmington, delaware. Hi, brit. Joe biden hopes pressuring vulnerable republican senators about health care amid the pandemic can stall the confirmation process. Joe biden is hedging his bets on coronavirus fears, warning of judge Amy Coney Barrett is confirmed and the Affordable Care act is overturned, complications from covid19 like lung scarring and heart damage could become the next deniable preexisting condition, writing barrett has a written track record of disagreeing with the u. S. Supreme courts decision upholding the affordable to Affordable Care act. She critiqued john roberts majority opinion upholding the law in 2012. Democrats hope the threat of retaliation from angry voters could persuade Senate Republicans in tight races to push the vote past election day and biden is offering the electionyear standard the g. O. P. Set four years ago as a way out, urging no action until after november 3rd. Biden is resisting talk about Nuclear Options like Court Packing if judge barrett is confirmed, instead turning the focus to President Trumps refusal to commit to a peaceful transition of power if he loses. What i am concerned about is whether he generates some kind of response in a way that unsettles the society or causes some kind of violence. The last thing we need is a [indiscernible] of a coup. He was slated for a light schedule as hes been heavy into debate prep, mock debates with an advisor playing the role of President Trump or early this morning he announced surprising marks on the vacancy coming up later this afternoon. Brit. Brit Jacqui Heinrich reporting from wilmington, delaware, thank you. Joining me now is our secretary of labor, eugene scalia. Mr. Secretary, thank you for joining us today. Thank you, its a pleasure. Brit let me start, i know you know judge barrett going back a number of years and i wanted you to just give us quickly how you would characterize her. What kind of person is she . Secretary scalia well, she is a beloved teacher, a very respected scholar. I think she shown herself to be a thoughtful jurist and shes just a wonderful, warm, admirable human being as well. Mother to seven, mother to schoolage children. She is a very impressive, delightful person. I think the American People as they come to know her are going to find her very admirable in so many ways. Brit lets get to the question of her record then buried him we are now its now becoming clear at least at the outset that the issue on which she will be challenged by democrats is health care and particularly the Affordable Care act, which is coming up for action by the Supreme Court at some point in the near future. The assertion is being made that she is likely to vote not to uphold the act and therefore put an end to it. What do you make of that claim . Secretary scalia its a red herring, brit. I think it reflects a bit of frustration on the part of the democrats on how they might attack her nomination. She made a comment about the Affordable Care act decision a number of years ago before she was a judge. It was a comment that a number of people made at the time. Its not a question that will be before the court in the case thats coming up and theres absolutely zero reason to believe that judge barrett is somebody who does not have the views about the importance of health care. As i said, shes a working mother to schoolage children. She is the mother to a child with disability. The suggestion that she is brit let my drill down a little bit farther on the question about the comments she made. What did she say about the Affordable Care act and i guess it was about john roberts decision in the case to treat the Affordable Care act penalties as a tax. What did she say exactly that you think is not likely to lead to a decision one way or the other . I believe that she made the observation that it appeared the chief justice had bent over backwards to twist the language of that statute, to save its constitutionality. That was a criticism that a number of people made at the time. By the way, it was something that other people praised the chief justice bar. A number of people said the justice to the right thing it was a very common view at the time. I think the most important thing to know about judge barretts jurisprudence is that she will go with the law takes her. Her view of judging is that many personal views she may have on health care or any other matter you can name is not relevant to determining what congress wrote and whats in our constitution. Her authority derives from those documents. She understands that and she will follow the lead of the constitution and its original meaning and the text of what congress wrote. Brit i understand that the issue that will come before the court is whether the Affordable Care act, with its tax or penalty now were zeroed out, so theres actually no actual monetary penalty for not having insurance. With that out, then how can it stand as a tax, correct . Secretary scalia i believe thats the question, but again brit let me just interrupt you a great record of achievement. Theres no single case by which you should judge her qualification for the court. She will be addressing cases for years, probably decades. Brit understood, but let me just push or just a little farther on this, if you dont mind, sir. If she believes that the idea that it was a tax as articulated by the chief justice was kind of farfetched, why would we not then believe that when the issue became the court with the tax zeroed out that she wouldnt then say that the constitutional basis for demanding or ordering people to have health care, mandating Health Care Health insurance, i should say is unconstitutional . Secretary scalia because by the very fact that the tax no longer is there, the question whether its a tax or not is moot, its gone. Its a totally different case and again, the fact that this is being raised shows that the democrats are casting about for anything by which they might seek to oppose an exceptional nominee. The other thing i expect we may hear about is her faith, which as you know was something she was attacked for last time. The democrats embarrassed themselves when they did it. We had a nominee of the president to the court a little more than a year ago who was attacked for being a member of the knights of columbus, which is a Catholic Organization that has existed for more than a century and a senator of hawaii and senator, harris attacked this man for being a member of the knights of columbus, which is just a Catholic Organization that accepts catholic faith. If i think we will see all manner of criticisms, but it cant change the fact a wonderful person and exceptional nominee. Brit very quickly then, speaking of organizations, she has said to be a member of a group called people of praise, which is a kind of Christian Group exists in many countries and has a number of members in this country, what you know about people of praise and do you have any idea of why people seem so afraid of that . Secretary scalia well, it is, as you said, a Christian Group that has spread about the world. Its one of any number of groups that catholics associate themselves with to deepen their faith, deepen their spirituality, serve others. Its been suggested that because shes a member of this group she may have a submissive view of womens role in society, which is ridiculous. This is an incredibly accomplished scholar. A teacher who won the best teacher award three times at notre dame law school. Shes done amazing things. Its actually quite insulting to suggest that she has a submissive view of womens role in society. Quite sexist, and by the way, thats not what her critics are worried about. Theyre worried not that shes meek and mild, but that shes a very thoughtful, articulate, learned judge who will be i think a wonderful addition to the court. Brit mr. Secretary, thank you for joining us today. Up next, we will speak with two members of the senate about the upcoming confirmation process of judge Amy Coney Barrett. 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Spam one Senate Republicans have laid out a speedy confirmation process the president s Supreme Court Pick Senate Majority Leader Mitch Mcconnell has not said whether a final vote will become come before or after the november 3rd election, so joining us now is democratic senator Debbie Stabenow of michigan, a chance to vote in this nomination. Senator, very nice to see you, maam. Is there any chance you might any chance you might vote for this nominee . Senator stabenow well, first let me say, congratulations to Amy Coney Barrett. This is always in honor of course to be nominated to the highest court in the land so i want to congratulate her for that. For me, this is all about in the middle of a Health Pandemic, onceinalifetime Health Pandemic and its very clear from her writings, multiple writings that she will be the vote that takes away health care for millions of americans, including people 130 Million People and counting with preexisting conditions and of course those are going up every day because of the Health Pandemic so im deeply concern concerned. Brit let me ask you what specific writings you are citing that would mean she would definitely be a vote not to uphold the Affordable Care act . Senator stabenow i think your questioning of former guest, secretary scalia makes it clear when she was laying out her criticisms for not essentially repealing it sooner. And you know, whats most important here we know that President Trump and republicans have been trying to repeal the Affordable Care act since they took office. This is the last chance you put someone on the Supreme Court that will do it and that even though people in michigan didnt want the law to be repealed, they want their health care, and i would say that the response has got to be to put a president in whos going to protect and strengthen their health care. Brit i hear you, senator. Let me just follow up on that a little bit further if i can. The remark that i mentioned to secretary scalia was one in which he had commented in passing im a john roberts determination that the penalties afforded under the Affordable Care act for not carrying insurance amounted to a tax and not just a penalty. That viewpoint, by the way has been widely criticized and now that the tax penalty has been eliminated, theres no tax at all, what makes you think that that remark would lead to her naturally and automatically, inevitably voting not to uphold the Affordable Care act . Senator stabenow its called common sense. The number one priority of the president of the United States, donald trump, has been to take away Peoples Health care and theyve been trying actually for ten years, even before President Trump by the way with no replacement. They want to take it away and he certainly has given every indication that he wants the Supreme Court to act in the favor of the case that he has supported. He has helped to bring this case to the United States Supreme Court. Does anybody really think common sense will tell you, hes going to put somebody on the court who has given all kinds of clues and writings about this issue and i tell the people of michigan are really worried. Brit i can understand, but you say all kinds of clues. What other clues other than this remark that was cited in my interview with secretary scalia . What other clues . Senator stabenow well, we will lay all of this out in judiciary hearings. I dont want to debate all the legalese back and forth with a u today because i think theres a Bigger Picture and i do have to say from a michigan perspective, we have people right now just holding on over 200,000 people have lost their lives. They are holding on, they are saying why arent you focused on another covid package thats going to help my family keep a roof over our head and food on the table and help our Small Businesses be able to open safely and please help us with our schools. We cant get the testing support, the other things we need to open the School Safely and my own family trying to juggle zooming for a kindergartner and a third grader, and so instead of dealing with whats right in front of people right now that is causing them real pressure, what we have is a rush to judgment to put some buddy on the court thats going to take away Peoples Health care. I just dont get it. Brit well, i understand your view. Let me just say by virtue of the fact that you just congratulated judge barrett on her appointment, may i take it that you therefore believe it is legitimate for the president to have made the appointment . Senator stabenow we know this, it certainly legitimate for him to make nomination. We also know its clear in the record in the senate that between july and november of a president ial Election Year, there has never been a confirmation of the United States Supreme Court justice. Never. Either party, never happened. We are right now in the middle of voting in michigan. We are being asked to vote four days before election day and whether or not a nominee will go on the court with a very high likelihood of overturning their health care, taking away their Health Care Protections right when theyre voting between a president who wants to do that and i nominee, Vice President joe biden who said very clearly is going to protect and strengthen their health care and by the way, if we have a democratic senate, we are going to join him in making sure that happens. Brit senator, very nice of you to take the time with us today, thank you very much. Now lets turn to a member of the Senate Judiciary committee where the hearings will take place, john kennedy of louisiana. Welcome back to Fox News Sunday, senator. Nice to have you. Thank you, nice to be here. Brit let me get your reaction we can now see i think pretty clearly the outlines of the case, at least a part of the case thats going to be made by democrats against judge barrett, which is that she will be an inevitable vote to strike down the Affordable Care act is that now exists. Whats your reaction to that . Senator kennedy senator as my colleague and i consider debbie a friend, so i say this gently. Sell crazy somewhere else, we are all stocked up your. Unless debbie is clairvoyant, i dont think she knows how the nominee is going to vote or any other member of the United States Supreme Court, but debbie makes the point the difference between democrats and republicans in terms of the role of the Supreme Court, my democratic friends think the Supreme Court ought to be a mini congress, that politicians without robes. They dont even need to hear cases. You already know how theyre going to vote and thats part of the problem. Thats not how i view the appropriate role of the Supreme Court. And i dont think that is how it operates. Youre going to see a lot of evidence, accusations sure. Brit let me just ask you this about the very process and the fact of the nomination. You of course were around when the nomination was made of Merrick Garland and the senate simply refused to take it up in any way. In the case was made by mitch mcconnell, the Senate Majority leader that the American People in an Election Year, which that was, back when president obama nominated judge garland, should have a say in the Supreme Court nomination made that close to an election. Now it seems that the roles are reversed. The president has made a nomination. It is an Election Year, indeed it is very close to the election and the view and the other republicans are prepared to move forward with this, which is distinct obviously from the course you took just four years or so ago. Youre being accused of hypocrisy and double standards. How do you answer . Senator kennedy let me finish my last first, to debbie and my colleagues in the senate. I hope they let us have a respectful process. We dont need another freak show. I hope they wont get into the foothills of [indiscernible] and bring back Michael Avenatti all about other stuff. Let us focus on the nominee. Now to answer your question, im rather fond of the constitution. I have read it. Its provisions about filling a Supreme Court vacancy are unaffected by the electoral calendar. I realize that on both sides, brit, theres been a lot of [indiscernible] and attempted [indiscernible] rhetoric about the president to be followed during an Election Year to fill a vacancy. Heres as best as i can tell, heres the rule. When the democrats are in charge of the process, they do what they think is right, consistent with the constitution. When the republicans are in charge of the process, they do what they think is right. And i think thats what our founders intended. I think our founders intended elections to have consequences and when they send people to washington of a particular party, they expect them to represent their voters. And i think thats been the tradition and the precedents. Brit it appears from a constitutional point of view that you are spot on with that. The constitution certainly doesnt say anything, as you point out about the electoral process in terms of the appointment of confirmation of Supreme Court justices, but we do not acknowledge that what we have here is a serious case on both sides of this issue of shoe on the other foot disease . Senator kennedy sure, absolutely. And thats why i say if you, and washington, as you know better than i do, you have to watch what people do, not what they say and if you watch what has happened in the history of ever i dont think theres ever been another instance where when the democrats were in charge they didnt do what they wanted and when the republicans were in charge they didnt do what they wanted. Consistent with the constitution. Right now we have a republican president , a republican senate. If the shoe were on the other foot, that i can assure you senator schumer would do with the republicans are doing right now. As i said the other day, if you dont believe that, you probably peaked in high school. Brit [laughs] so youre hoping, as im sure others are as well that we will have something other than what you call a freak show in this, but there is some history here, the cabin on nomination being only the most recent example. Previously we had unexpected allegations made of Sexual Misconduct against now Justice Clarence thomas. Is it your sense that the senates appetite for allowing this kind of thing to go on is diminished . Because otherwise, if Something Like this comes along. Im not sure what you can do about it. What can you do . Senator kennedy if my democratic friends want to turn it into an intergalactic freak show and bring back the protesters with the [indiscernible] head gear, i cant stop them. I just hope they [indiscernibl [indiscernible]. Im going to do my job. I think shes a good nominee, but my job is to advise and consent. Im going to probe her intellect, or temperament, her judicial philosophy. Her character. I want to be assured that she doesnt think justices are politicians in robes. Im going to answer that in the second. I want to be assured that shes not one of these justices that tries to rewrite the constitution every other thursday to advance a political agenda that voters wont accept. I dont think her faith i mean, if the democrats [indiscernible] if she believes in god, therefore she is unqualified, i dont think thats illegal in america. I hope not. We have religious freedom and it should be guarded. They tried that when she came up for a court of appeal nomination. It didnt work out too well. They may try it again. As i say, they may bring back Michael Avenatti, but i hope so because it cheapens the process. Brit senator kennedy, thank you very much for joining us today, always good to talk to you. Up next, we will discuss how Amy Coney Barretts and confirmation could reshape the court with two leading experts on constitutional law as we count down here in cleveland to the first president ial debate just a couple of days away. I felt like. I was just fighting an uphill battle in my career. So when i heard about the applied Digital Skills courses, im thinking i can become more marketable. You dont need to be a computer expert to be great at this. These are skills lots of people can learn. I feel hopeful about the future now. Fraudsters, theyre out to get your medicare about the future now. Number so they can bill fake claims in your good name. Dont give them that chance. Just calling to confirm your medicare number. Do you have your card available . For example, if the caller says theyre from medicare, watch out. Its probably a scam. Dont give out your card number. And always check your claims statements for errors. Report fraudulent charges to 1800medicare. Guard your card. Learn more at medicare. Gov fraud. Coming up, Bernie Sanders tries to portray President Trumps comments as threat to democracy. If this is an election between donald trump and democracy and democracy must w win. Brit hume returns with the sunday panel. Were living in uncertain times, but as californians well get through this together. If your income has been reduced or youve lost your job or your Health Insurance, covered california is here. We can help you find the Health Insurance you need to protect you and your loved ones. And, you may even get financial help to pay for your Health Insurance. So, if you or someone you know is without coverage, visit coveredca. Com to learn more or enroll today. So, if you or someone you know is without coverage, brit central to the fight over the next Supreme Court justice is the issue of abortion, which is proponents like to call reproductive rights in the future of roe vs. Wade. Thats the decision of course that made abortion legal in america. We wanted and not only legal but a constitutional right. We wanted to do a deeper dive on that Upcoming Court battle so we invited former independent counsel and former appellate judge ken starr and Laurence Tribe, harvard constitution Professor Emeritus to discuss. Welcome to Fox News Sunday, let me start with you, professor tried. Give us quickly your view of this nomination. My view is that the nomination should certainly have awaited the results of the election. Weve never never jumped the gun this quickly. Its basically five weeks away. People are already voting. Whatever the role might have been in the case of Merrick Garland where g. O. P. Kept the seat vacant for over 400 days, the idea that we need to rush ahead with a lifetime appointment that is judge barrett herself would readily acknowledge will make a huge difference in the tilt of the court on health care, on womens reproductive rights, on voting rights. The idea that we cant wait a few days is ludicrous. Theres no reason for it. And i really think the nomination is misguided. Quite apart from the nominee. I think quite well of Amy Coney Barrett. But thats not the issue. The issue is not the nominee, its the nomination. They are not willing to wait because they really are nervous about what the American People leave the constitution means and what they believe should be represented on the supreme cou Supreme Court. Go ahead. Brit speaking of the constitution. Speaking of the constitution, sir, do you find any support for your argument in the constitution itself . Im not suggesting its unconstitutional to go ahead, its perfectly constitutional but a lot of things that are constitutional are stupid. This is not a good idea. What is it that theyre afraid of . That the American People dont want to reelect this president to if they think will be reelected and that they will have a republican senate, then they can confirm Amy Coney Barrett then. If but the idea that it has to happen now. One of the reasons the president has given his he wants to have a majority on the court to uphold his decision not to count all the ballots. He said if we dont count the ballots, if we toss some of them aside, we wont have to worry about her transition, it will just be a continuation of my presidency. Thats not the way democracy works. Thats the way dictatorship works. Brit judge starr, your reaction please do the points that have been raised by professor tried . First, i have Great Respect for professor tribe and no small affection for him. But i view it as the president s duty. There is a vacancy and its tragic that we lost justice ginsburg, but exactly, you ask the right question, what does the constitution say . I dont think that the president , whoever the president is should dillydally and in fact Justice Sotomayor said in 2016 we really dont do well im paraphrasing, with eight members of the court and Justice Ruth Ginsburg herself said it that same time. The president is not stopping the president during an Election Year. So the president has done his duty and now of course it is up to the senate to determine are these considerations that professor tribe is articulatin articulating are those weighty enough to say we are not going to go forward or we are going to intellect or the election and so forth but the president has chosen a superb nominee. We saw that yesterday and just no one is questioning her abilities, or integrity, her temperament and the like, so lets have a good confirmation hearing and air out all these issues, including how are you going to vote on some of these questions . Brit let me get to that because its being staged with some certainty just a second, let me just follow up here and i will get back to you. Professor tribe was pretty specific about the issues on which he believes that he can predict or that its clear how judge barrett will vote, abortion and a number of others that he mentioned. Whats your reactions that you make absolutely premature and wrong. With all due respect to professor tribe, the judicial process is not an academic enterprise. What someone has said is an academic its appropriate to explore that in the confirmation hearing. But to predict in advance how what justice going to behave or to vote i think is folly. I also think its unfair to the process. Thats why we have a judicial process. Its why you take an oath under its why you read the briefs as a judge, and you consult with your colleagues as well. Does she have a judicial philosophy . Absolutely. She has said she is of the school of antonin scalia, and so thats a great insight and that is what i would call it traditionalist. Treats the constitution not as simply an aspirational document, but as law and so i would say hold off, lets hear the confirmation hearings and see if she says, as i think she will i solemnly promise but i will go about my duties with an open mind, i will listen to all the arguments and i will assess them with great, Great Respect for both sides as well as the views of my colleagues. Brit professor tribe . I dont pretend to have a crystal ball. I just read her writings. As read many of her opinions. Its clear how she approaches the law, its a perfectly respectable view with the views Justice Scalia held and of course he said he thought roe v. Wade was wrongly decided. Shes written that roe v. Wade is not entitled to determinative weight as a precedent. She has also been explicit in saying she thought that chief Justice Roberts was wrong in stretching what he understood the Affordable Care act meant in order to uphold it. Shes been admirably candid brit what did you think what did you think about what Justice Roberts how Justice Roberts rolled on that matter, whether it was a tax or penalty, what did you think of that is a constitutional lawyer . I made clear at the time that i thought thats what he would rule and thats what he ought to roll in order to avoid a constitutional conflict. That is, interpret the law as a tax in order to use the broad taxing power in order to uphold it and i think the lower court, which said that when the tax goes away, its no longer possible to uphold the law and even the protection for people with preexisting conditions goes away. I think, and most scholars think that went way too far. Im not going to predict exactly what judge barrett will do on that, but what is clear is she is being rushed through in a confirmation process that will be faster than any in recent memory because they want to have six conservatives on the court that will determine whether he has remaining president. Brit judge, very quickly, given about 15 seconds, we are almost out of time i just want to give the last word here. Predictions are fallacious. It lets a confirmation hearing. The history of confirmation shows that the senate can move forward very, very quickly, especially when you have someone with a very good and solid record and a person of such great ability, so lets move the process forward and have a good robust debate, which i think will be good for the country. Brit charges, judge starr, professor, thank you very much. Up next, we will bring in our sunday group to discuss whats at stake on tuesday nights debate and with this nomination one Fox News Sunday returns from cleveland. 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The sky is falling on a democratic president does not get to confirm every last judge he or she wants. In the sky is falling when a republican president gets to confirm any judge. Brit democratic leader Chuck Schumer and Majority Leader Mitch Mcconnell giving us a sort of preview of the Senate Battle ahead over President Trumps Supreme Court nominee. Time now for our sunday panel. G. O. P. Strategist karl rove. Town hall. Net, editor Katie Pavlich and juan williams. Well, the republicans are speaking with great confidence about their prospects and we are hearing that the votes are there to bring up the nomination. But carl, how confident can we be give me your best thought that the votes will be there when all is said and done given the kind of processes weve had before . Well, judge barrett went through this in 2017 and passed out of the senate with republican support, i suspect a very strong likelihood that this time around the result will be the same. I think its interesting though that the democrats are making sort of i think strange arguments. You heard the senator for example really an essence of why there was a prearranged agreement between the president and Justice Barrett that she would vote to overturn the Affordable Care act and then she railed on the senate for taking up this matter rather than passing another covid relief package. This was days after she voted against the senate even taking up this is going to be politics, politics, politics but its going to end with her on the Supreme Court. Brit katie . Yeah, its very clear the democrats are taking this with the Political Health care argument. The insinuation that they know how judge barrett would rule on obamacare is something that they dont know about and charges frequently during confirmation hearings, whether they are for a federal bench or Supreme Court, do not reveal how they would vote on pending cases, so i think the democrats will be very frustrated with that but you had harvard law professor Laurence Tribe on in the previous segment. Think the way he summed up how he feels about republicans moving forward with the constitutional process really defines how the left is moving forward with their philosophy on this. He said its constitutional for the president to appoint a nominee and for the senate to move forward on advise and consent, but there are number of stupid things in the constitution, so while republicans are moving forward with the constitutionality of this and while judge barrett continues to say that her political feelings personally and her policy positions do not reflect how she rules on a number of cases, democrats continue to argue that because they have some feelings about the timing of this that the constitution should be pushed aside, which is in direct conflict with what barrett said yesterday at the white house in saying that she loves the constitution, she would move forward in the constitutional process and she will not make law from the bench, but rather interpret it. Brit where do you come out on all this . Well, i think the democrats have a choice here. One choice is they could shun barrett, not grantor a meeting, stay away from the hearings, which is what the republicans did to mayor garland for ten months, not just six weeks, but i think its most likely now from what im hearing it will go to the hearings. I dont know about the meetings but they will go to the hearings and they will focus on the idea that this is a rushed process. They will note that Many Republican senators even before we knew it was going to be Amy Coney Barrett as the nominee said they would vote for whoever President Trump nominated. So they will focus on that and they will focus on the idea, as weve heard earlier in the show that she is an opponent of the continuation likely of the Affordable Care act, but also in terms of gay rights, abortion, and maybe most of all, that any dispute in the election would be decided by her in the president s favor and that would of course decide who the next president of the United States is. Brit well, do you think theres any chance that those arguments on the Affordable Care act and the rushed process will peel away any republican votes . In order to block this nomination, republicans have a majority. A very narrow one, but a majority nonetheless, those arguments would have to sway republicans. Could those arguments do that . Its a matter of conscience at this point and what weve seen is a unified republican front behind senator mcconnell, the majority leader in the senate, so it would have to be that somebody either as a matter of conscious or i would say potentially somebody whos in a tough reelection fight for their senate seat decides that its untenable, but at this juncture, i dont see anything like that. Brit karl, what do you think . I dont think so. Look, most of the republican senators were there in 2017, many of them were there in 2017 and voted to put her on the seventh circuit, this is where Diane Feinstein attacked her catholic faith by saying the dogma live strongly within you. But look, members of the senate are allowed to exercise their constitutional authority. The president under article two, section two, clause two has the right to nominate and the senate has a right to given holden whats interesting to me is senator schumer was a leader of the effort to withhold they never gave a vote to miguel estrada, nominated by president bush, and nothing was wrong with that by them exercising their authority. Brit katie, what you think the chances are that this affects the election one way or the other . I think the chances are 100 . Especially for Republican Voters republican senators in the senate based on the Supreme Court issue after the bruising fight over Brett Kavanaughs nomination, President Trump has been very transparent since the beginning of his presidency four years ago in releasing a list of Supreme Court nominees to put on the court if he had the chance. Hes given everybody including democrats a preview of this and plenty of time to prepare. Brit i understand, but what about the effect of this nomination lets just assume for the sake of discussion that shes confirmed, what is the effect if any on the election, quickly . I think democrats who feel like this has been rushed through too quickly may get some more enthusiasm for joe biden who of course needs that and i think republicans risk serious consequences in future elections if they were not to move forward with this nomination. Brit okay, juan your thoughts on the election and how it might be affected by this nomination . I dont think theres any question a majority of americans think that its wrong to rush the process. They think the next president should decide, even a substantial number of republicans, so this is brute politics but in terms of the election i think it excites the base of both parties. Brit okay. Gentlemen, lady, thank you very much. See you next sunday or someone will, chris i suppose. A look back on big moments of debates past as donald trump and joe biden prepared to go facetoface here in cleveland in two days. Jean, did you know geico is now offering an extra 15 credit on car and motorcycle policies . Thats great thats 15 on top of what geico could already save you. So what are you waiting for . John stamos to knit you a scarf . All finished, jean. Enjoy thank you. I give. The stitch work is impeccable. Its just a double fleck pattern with a reverse garter stitch. No big deal. Is your hair this soft . Softer. Geico. Save an extra 15 when you switch by october 7th. stasha vo geico. I used to braid my brothers hair, my sisters hair, stasha vo i really dont remember not being able to braid. [laughs. ] neighbors hair. stasha vo when everything shut down, i thought, you know what . People have been asking for online classes for the longest. It was amazing. Business kept growing and growing and growing. stasha vo i feel blessed that i can still connect with others. Support others. And i am still going. Brit in just two days President Trump and former Vice President joe biden will finally faceoff on the debate stage with our own Chris Wallace moderating, his second time at the helm of one of these debates. It is i was later critical event for both candidates hoping to deliver a knockout performance as they always do hope that could generate momentum in the campaigns homestretch. First debates tend to be the most important ones. History has shown that impressions created in these first debates can sometimes be hard to overcome if they go against you and a great help if they go for you. President donald trump will return to the debate stage here in cleveland shortly. Two days from now on this very time facing democratic nominee joe biden. Be sure and tune in as Chris Wallace moderates, 9 00 p. M. Eastern on tuesday. Special coverage starting tonight at 10 00 p. M. Eastern anchored by bret baier and martha maccallum. Okay, we have a package here looking back on debates past, have a look. The president ial candidates meet candidates meet facetoface and Television Debates heard and seen by millions of people. It is a famous anecdote, john f. Kennedy dazzling tv viewers going on to win in november and setting a new precedent. Bring your a game to the tv debates, leverage the visuals, nail the witty comebacks. Like Ronald Reagan when journalist asked about his age. I will not make age an issue of this campaign. Im not going to exploit for political purposes my opponents youth and inexperience. Brit or the smack down by Michael Dukakis running mate of dan quayle comparing himself to jfk. I knew jack kennedy. Jack kennedy was a friend of mine. Senator, youre no jack kennedy. [cheers and applause] brit in 2000 it was the nod, george w. Bush cheekily brushing off al gore. But can he get things done . And i believe i can. Brit president barack obama was ready when you mentioned the navy and that we have fewer ships than we did in 1916. Governor, we also have fewer horses and bayonets because the nature of our military has changed. Have these things called aircraft carriers were planes land on them. Brit in the 2016 debates between donald trump and Hillary Clinton was less about style and more about the unpredictable substance. Where do you want to see the court take the country . I believe if my opponent should win this race, which i truly dont think will happen, we will have a Second Amendment which will be a very, very small replica of what it is right now. Brit and key moments that shocked at the time and still loom large as we head into november. Do you make the same commitment that you will absolutely that you will absolutely accept the results of this election . I will look at it at the time. Are you say youre not prepared . I will tell you at the time, i will keep you in suspense. Brit its going to be interesting on tuesday. Thats it for today. From cleveland, have a great week and we will see you next Fox News Sunday. Good morning. Lets begin with that breaking news. Crews are tt