In terms not of its decisions necessarily or rather of the composition of who serves on the court but you know i think thats kind of thats table stakes down the road right now what matters are the policy issues that are at stake and we talked about the Affordable Care act but thats thats one of many issues on the docket larry youve got to consider your rights and gay and lesbian americans bisexual Transgender Americans who are fearful that a far right court will roll back protections you have Consumer Rights you have Voting Rights youve got labor rights youve got the 2nd amendment republicans have already signaled that concern is a signal that they want to bring cases challenging the way in which the 2nd amendment is interpreted to a newly conservative Court Next Term so all of these issues that just really gets the heart of the fabric of American Life are at stake and you know so from a from a policy perspective thats what really matters right now but if i were john roberts ardens you justice to the Supreme Court right now i do you looking at what Mitch Mcconnells doing weaponized this this nominee in the seat and im concerned about what that means in terms of how the American People will regard the legitimacy in the integrity of the court and its decisions in the next term so you know i think questions of reform are fair questions to be asking what can robbers do. Not much but probably in this current in his current role and hes got that i think he probably was just as far away from from this who have a right is it possible or well see turmoil if if bidens elected and the democrats take the senate would be a calamity in america to demand that they vote now yet it would be a calamity in that the American People will have spoken in november they will have decided whether they want joe biden to be president or they want they want to be allowed to get down from another 4 years if the American People say we want joe biden is our president and we want democrats to happen in short in the senate and Mitch Mcconnell despite all that despite the outcome of the election still cautious through a republican nominee to the court that would be that would be the liberal definition of a tyranny of the minority pushing through a decision despite what the majority of americans what i cant think of anything more undemocratic and that and i think that if Mitch Mcconnell does that it will not only tara to the heart of the fabric you know its in a sea of the Supreme Court but it will do extraordinary damage to the institution the senate i think Mitch Mcconnell might be one most cynical majority leaders ever in the history of the institution hes already done extraordinary damage in the way that hes run the senate but he does this if you push this through after joe biden is elected in after Senate Democrats take over the senate i think that is shes doing extraordinary injury to this and. Ok what do you know if anything about judge amy kone bericht. So its interesting because shes obviously at the top of the list and she was also a front runner with him now just as cavanagh was nominated by donald trump she is a beloved on the right she is an even chuckles pick in that she passes almost all of their list as shes if you look at the course of her academic writings and as well jurisprudence shes just signal very clearly this she thinks roe v wade was an erroneous decision it was wrongly decided and i think its fair to say that she would be a vote in favor of overturning roe she was highly critical of chief judge chief Justice Roberts in the decision that upheld the Affordable Care act so i think its also a fair conclusion to say that she would be a vote in favor of repealing the Affordable Care act repeal and protections for people resisting conditions but shes also written over the course of her of her tenure in her academic life as was in judge shes also written about how she considers president s that apart from originalism to be suspect and perhaps even president s that that neednt be followed that really strikes at the heart of stories isis what meaning respect for president which is something that senators often ask about because it is important whether or not a judge is going to follow what judges who are and then have written and concluded if shes saying that anythings fair game that she doesnt agree with thats extraordinarily dangerous i think for anyone on the Supreme Court but itll be interesting to see have to hear from picks her because she will be a highly contentious nominee she was confirmed to her Current Circuit Court seat on a Party Line Vote well thats not true there are there are 4 democrats i think 3 or 4 democrats who voted for her but both simpkin and joe manchin have said they wont vote for her again this time because they disapprove of how mcconnell is running through the nomination up it will be a highly contentious vote and sure to divide rather than unite the country. Funny thing about the court in the past Felix Frankfurter a very very liberal jurist was appointed by Franklin Roosevelt and turned in the one of the more conservative members of the Court Earl Warren appointed by a as an hour former governor of california turned into one of the more liberal can we always stamp the cord. No innocent its a really important point youre right there over the course of history seeing justices who are perhaps proven to be disappointments from by the president and the party that nominated but i think whats at stake here in the reason people feel so strongly about Ruth Bader Ginsburg and Justice Ginsburg was a linus of the left and she in many respects really was at the vanguard of progressive thought and championing working people in this country and defending their Constitutional Rights and so thats a sacred seat i think for Many Americans when they look at who who should occupy that seat and so youre right larry we cant always predict how are the jurors who are ultimately decide a case and nor should we hopefully should we be able to but this is a this is a special seat and when 60 percent of the American People want Mitch Mcconnell and donald trump to wait and let the next president decide who should be nominated you that see thats a thats a supermajority thats thats enough to overcome a filibuster in the senate that is an overwhelming majority of americans who believe this at a time when this country really cant unite about much of 60 percent americans want us to wait then i think we should listen to the super majority the well iraqi people. David in your gut do you expect an election result november 3rd. Now you know i want to know the modeling on this and there are very few snorri of us that actually get us larry to an election result on our november 30th barring a hulloa by some of us President Biden which by the way i think is possible but barring a blowout its not entirely clear were going to know and you know this is why why what youre seeing President Trump do we talks about mail in voting mail in ballots and he tries to stigmatise them he tries to test down preemptively on the legitimacy of voting by now which so many states do my home state of washington does without any problem hes really trying to lay a foundation for being able to challenge the Election Results on Election Night if he doesnt like the outcome and you know i think that we need to live by the principle of this country abide by the principle that every vote should be counted and if states are are allowing people submit their ballots by mail is long as their stand on election day they should be counted so you know whether or not we know the outcome on november 3rd we darn well need to ensure in my opinion you to ensure that every american vote is lawfully cast that those votes are counted so so were going to have a constitutional crisis. Look i mean this 2020 literally everything has gone wrong this year so i would be a fool to tell you that now we couldnt i sure as heck hope we dont larry but. We you know we need to i think we all need to appeal to our better angels here and i hope that american democracy which has survived for centuries now can see through this election and look thats what i believe in the American People and the American People. Are already voting interest people in early voting states youre seeing record turnout because the American People know what is a state in this election is a repudiation of an agenda for the past 4 years of the sox divide this country rather than unite us and so thats what people are voting on at the ballot box the voting on that theyre voting to fight some of the response to overcome the endemic. People get what the stakes are larry and so people are going to come out and vote and i believe and the american experiment and i i darn well think that if joe bidens elected on november 3rd he will be president and donald trump needs to understand his place he needs to respect his office enough to know that if us is the race who has the ballot race rather than try to contested and drop out and what a geisha would only hurt the country ok david give me a forecast for Election Day Senate and presidency. Well i think presidency probably telegraph that one of the job ones going to when its looking good hes leaning on the ballot around states of the polls and when you compare where he was even compared to former secretary clinton were she wasnt 2016 joe is ahead and hes really you know hes nearing that magic mark of 50 percent which is where you want to be its an incredible place for him to be as the challenger the you know Donald Trumps trying to define the selection hes trying to find in terms of socialism one or all of these things are failing these people are seeing through that theyre looking his record in there and theyre theyre rejecting what donald trump is offering so i think joe biden wins the presidency in the senate the Cook Political Report is is giving us democrats giving us a pretty good shot at winning the senate when you look at senators like Susan Collins in court garner 2 senators who are representing states that went for help or equipment 2016 theyre both underwater and now at this reunion popular so Supreme Court vote is going to make their jobs even tougher so when you take races like that when you consider how well more teles doing in arizona i think weve got a clear path to retaking the senate in november. David thanks for your time today as always. Thank you ira good to see you youre well well have more politicking after the break welcome to max geysers financial survival guide. Looking forward to your pension account. Yonks this is what happens to pensions in britain delegates. Watch kaiser report. Time after time corporations repeat the same mantra sustainability its very important its accelerate the transition to sustainable transport sustainability stay number man at a more equitable and sustainable well. They claim their production is completely hamas. Leave it to the models and putting it into something Companies Want us to feel good about buying their products while the damage is being done far away and this is a canal just as deep into an even and i mean look. This is the moves in unison we didnt dream and im studying them in the best understood look forward to going in the. Same wrong why dont we all just dont all. Get to shape out just to become educated and engagement equals betrayal. When so many find themselves worlds apart. Chance to look for common ground. Its going to be hard to reclaim freedom and were going to have to work at it but as people recognize from examples like. What repression Digital Systems need to. I hope people will start fighting men saying we wont tolerate systems. Street in our homes that cant possibly track what were doing. Welcome back to politicking continuing the conversation now with alex vogel he served as chief counsel to Senate Majority leader bill frist former general counsel for the National RepublicanSenatorial Committee and he is in northern virginia. Alex it now appears republicans have the most to confirm your reaction to this. Im not surprised that leader mcconnell was able to get the votes together im a little surprised at the speed at which he was able to get the votes together were only a couple of days into this and already generally people are conceding that leader mcconnell has the votes to go ahead and move this nomination and trump apparently is set to announce the nominee on saturday and do you think if that does that do you think they can get a confirmation before november 3rd. It is certainly possible the reality is that once we started chipping away at the filibuster with all the various Nuclear Option permutations going back in the last 15 or so years a lot of really road blocks simply went away there are certainly some procedural games that can be played the senate is not designed under the best of circumstances but i think a vote confirmation by election day is definitely possible what do you make of the hypocrisy of those senators saying when the last time when obama lost when scalia died now lets lay best way the only election that was 9 months away and now they rush this through you dont see any or see where i dont because i actually did read what leader mcconnell said back then and i read what he said as recently as this february before this this vacancy came up and it was very clear both times that he was talking about situations where it was an Election Year and the senate was held by the other party from the president it is not terribly shocking him that the other party is not enthusiastic about moving someone elses nominees with all deliberate speed thats different then a president and senate of the same party there have been numerous i think its 29 vacant that have come up in Election Years the vast majority of those have gone through i understand. The concern and i think a lot of the issues that have plagued Supreme Court nominations in particular what happened with Justice Kavanagh play into this dynamic and are unfortunate but doesnt the senator from South Carolina pipa ticket only hypocritical when he says record these words. Theres no doubt that there are people on both sides of this issue who spoke out last time during the maryland bridge garland and her station who are going to have their words thrown back at them certainly Lindsey Graham is dealing with some of that Barack Obama Chuck schumer a number of people who made comments at that point are going to have to to hear those again the reality is the focus rightly once a nominee is announced and that process starts that process should really focus not on what was said back then but on the merits of this nominee and showing that vacancy. This can lead to other things this can lead to. Democratic president a Democratic Senate and the senate votes to increase the Supreme Court to 12 they can do that and one of the things that weve heard is talk about Court Packing it was a really bad idea the last time that it was tried its a bad idea now whats interesting is that when people talk of sturrock lee about the great presidency of f. D. R. The one mark that they always bring up was the attempted Court Packing plan i think what kind of an idea this is i dont care whos in power. Changing the structure of the court to achieve a short term partisan aim is a very bad idea does the court lead the nation all follow the mission of this nation agrees with or all horses way they certainly agree with that what they health act so if you have a court thats out of whack with their country what comes 1st. Well the country comes 1st and i dont think thats really a question with the court in terms of following i think the real question is does the court follow the constitution the court is not supposed to be a political body bending to the popular whims of the people just as the senate is designed to put a little distance in between the people and their representatives compared to the house the Supreme Court all courts or at least theoretically supposed to be a step further than that again their mission is not to follow popular opinion their mission is to follow the constitution of the United States and interpret whether there are laws that are passed or other regulatory events in line with those rights and privileges assured by the constitution. Suppose the election is held. And biden wins and the democrats when the cement ship much camo asks for the approval of the new justices in a lame duck session absolutely the fact that its a lame duck is reflective of the calendar and the fact that some of these folks will be departing shortly they dont lose their power to to finish their constitutionally authorized and mandated x. I do think if this vacancy had occurred after the election and the other party had won i dont see a lot of scenarios whereby a nominee could get through start to finish in the lame duck but were not in the lame duck its september elections not until november. The timeline works fine for processing this nomination vi regular order do you see any downside for republicans if they go ahead with filling this. There are certainly those who have pointed to things like Justice Ginsburgs. Apparent last wishes to be democrat appoint her replacement. With all due respect her last wishes are not the driver for this conversation nor any justices wishes about what should happen viz of the their seat relevant to the process i think that the larger risk frankly im maginnis in area where President Trump waited to appoint someone and then didnt win and then didnt have that opportunity to fill the seat look obviously the fates decide when these vacancies become available not politics and these are the cards that have been dealt given the extremely high tension right now because were about to have a president ial election its certainly more dramatic and some of that is ramped up but i really dont think the president and the members of the senate have a choice but to proceed to fill the vacancy. His we dont know the name it looks like gaming baron is that what you hear and i have certainly heard her name a lot there are others that ive heard on that short list but all indications are that ive seen it maybe a shortlist of one at this point trump says he needs 9 justices to be seated so they can rule on things like mail and ballots is that and put me. Isnt that a slight reason. Well we need 9 justices because there are supposed to be 9 justices in the Court Whether or not theyre going to hear cases involving mail in ballots or anything related to the election is really irrelevant im sure thats top of mind for President Trump when he thinks about potential court cases but the reality is we need 9 justices to resolve all these issues not just those that might relate to the election. Alex colettes go to the places how does the election look to you and i think its very tight i think that tightening that started in july and went to the conventions is only continued i saw some polling today that President Trump for the 1st time in recent polling history is affirmatively a lot of the swing states are a lot closer than the Biden Campaign would like pennsylvania comes to mind vice President Biden scranton joes a partial home state is pretty close i think we are going to be up very late on Election Night and beyond i also think just like this nomination has thrown the political world asunder i think there is ample time in the next 40 plus days for more surprises and if 20 twentieths taught us anything is that there will be lots more new afine as many do on both sides of people on election day that we wont have a result that day. I am concerned about a clear result. I was involved in the 2000 recount process in florida and one of the really unfortunate consequences of that was a fairly dramatic break the American People had where they begin to distrust a lot of the mechanics of our democracy and while im not adverse to staying up as late as i need to and if some of these states go into after hours so to speak so be it i think the American Public is patient in that regard but a protracted even a couple of days legal fight that determines the outcome of the election i would not be ideal and i think may do further damage to our confidence. Alex thanks for your time today is all was thanks larry enjoyed it and thank you for joining us on this edition of politicking remember you can join the conversation on my Facebook Page or tweet me at kings things and dont forget to use the politicking hash tag and thats all for this edition of politicking. Is your media a reflection of reality. In a world transformed. What will make you feel safe. Tyson nation community. Are you going the right way or are you being led. Direct. What is truth lost his faith. In a world corrupted you need to descend. To join us in the depths. Maybe in the shallows. Seemed wrong why dont we all just dont all. Get to shape out these days it comes to advocate and engagement equals betrayal. When so many find themselves worlds apart. Just to look for common ground. We are segregated only by social class lower middle class people also in poverty by 1st place if youre born into a poor family. Born into a minority family if youre born into a family that only has a single parent that really constrains your life chances people die on average 15 years younger than you born into generational poverty. Its an awfully tough fight every day seem to meet your needs and the needs of your family. Will look forward to talking to you all that technology should work for people. A robot must obey the orders given to by human beings except where such orders would conflict with the 1st law show your identification we should be very careful about Artificial Intelligence at that point obesity is to face transplants every one of them shia. Muslims take on various jobs and with Artificial Intelligence will summon the demons. A robot must protect its own existence with. This. Kind of calendar. All forms over a long 3. Page guard. His 1st words were our senior a challenging post youve got to use to me. I have no doubt that what happened was criminal. Besides concentrate market is a 1000000000. 00 industry these companies have a huge financial motivation to sow these problems there are numerous stocks showing that doctors were keen to test factory concentrates for infectivity on their patients wont give them doctors the wrong stoplight. Why they would keep me from security procedures. And people die and im always question yourself all right being hard to live where so many have. In the headlines this morning 25th of September Francois uses a new daily covert record as the number of cases passes 16000 in the last 24 hours but the governments fresh antivirus measures a provoking anger. Meantime by trial 5 and error u. K. Volunteers could soon be deliberately infected with covert in the worlds 1st Human Vaccine trials of the kind sparking ethical concerns. Coming up 2 major world carmakers follow a lawsuit against the trumpet ministration of what they dubbed an unbounded and unlimited trade war with china. A license to kill british spies might securely