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Now, we have a political fight over how and when to fill Justice Ginsburgs feet and that will by most accounts dominate the political debate for the next 43 days until the november 3 general election. Barring other major events. Rebel begins argue they gained seats in the senate in 2018 and have both a political mandate from the electorate as well as a moral obligation to fill that seat with a conservative. Democrats argue they won back the house and the president ial candidate is leading in the polls and senate looks shaky this time around for the republicans so nothing should be done before november 3. The battle begins in earnest this week. Tonight we show you what is extinct with key senators and legal eagles who have been at the center recent sprinkler nomination battle. We began at the white house with correspondent Mark Meredith that we learn more about which woman may be the present will be nominated early as this week. Hello, mark. Present from he says he will nominate woman to the Supreme Court this week. This will be a bailey very big issue. He appears to be moving fast and makes a big part of his reelection campaign. The president has plenty to say about this last night at a Campaign Rally and at one point even asking the audience who they preferred, male or female nominee. He also during that rally made a case to the voters that why now is the time to act. Article two of our constitution says the President Shall nominate justices of the Supreme Court. It will be a woman, a very talented, very brilliant woman. [cheering and applause] the question now becomes when will this announcement, and the schedule just came out and there is a known announcement on it but the schedules here do change very quickly, if not hourly but we are watching with any potential candidate among of the women on the shortlist of three Appellate Court judges on the screen with a wide range of background for judge amy kony barrett, late [inaudible] watching judge barbara for the 11th circuit last year into his previous lee a justice on florida Supreme Court and judge Allison Jones rushing on the Fourth Circuit former clerk for neil corsets before he was a Supreme Court justice. The president does not have to go off this list specifically but it was put out pretty recently by his campaign. It is still the president s decision and one things that is clear they plan to listen closely to Senate Majority leader Mitch Mcconnell on the best way to move forward. Today we sit here 44 days out from election so it is certainly possible but i think the president s obligation is to make the nomination but the leave the timetable to senator mcconnell. He is not said yet when he will meet with the president and the president has a busy schedule of his own this week and will be back on the campaign trail heading to the battleground state of ohio tomorrow but shannon. Shannon Mark Meredith for us tonight at the white house but thank you, mark. As Senate Majority leader Mitch Mcconnell insists that the president Supreme Court nominees will get a vote on the floor of the Senate Couple of his own gop senators are already signaling their limited willingness to hold that vote based on how all the timing plays out and the speaker of the house well, she is not ruling any of her tactics either. Personal correspondent mike emanuel shows us tonight. Good evening, mike. Tonights democratic democratic leader Chuck Schumer reiterated his subset of republicans go forward with the Supreme Court confirmation what democrats would do as a payback next year that could mean killing the Senate Filibuster and packing the courts. Once we when the majority, god willing, everything is on the table. I believe that also we must consider again all the tools available to our disposal and that all of these options should be entertained and on the table. House speaker nancy plessis refused to roll out impeaching President Trump or bill barr as a way to slow down confirmation. Well, we have our options but we have arrows in our quiver that im not about to discuss right now. The fact is we have a big challenge in our country. Key Senate Conservatives says once the nomination is made things will get moving very quickly. There will be a vote. There been some cases like Justice Ginsburg herself in which the nomination and confirmation process took less than 44 days. There have been other cases which it took longer so it is too soon to say right now but we will move forward without delay. To moderate Susan Collins of maine who is facing a tough reelection and Lisa Murkowski of alaska say they oppose a floor vote before election day. A judiciary republican says in the upcoming election is fought out in court you must have 89th justice as a tiebreaker. That can make this president ial election drag on weeks and months and well into next year paired we need a Supreme Court that can give a definitive answer for the country. Once a President Trump announces his choice that judge will start making the rounds on capitol hill hoping to lock up critical votes for her confirmation. Shannon. Shannon we know you will be checking it mike emanuel, thank you so much. With republicans pushing forward with plans to fill the closest Supreme Court vacancy to any president ial election in 156 years what are some of the arrows and the democrats quiver . Impeachment, president or attorney general getting rid of the filibuster even courts packing and well lets discuss the options and where we go from here with democratic senator from maryland then carded with senator cardin thank you for being with us tonight. Shannon, good to be with you. Shannon what do you make of this hint or rumor or talk of impeachment of the president or of the attorney general . Do you think that would go well with the American People whether democrats or republicans or have no political ideology at all but as the country ready for that . Shannon, we are just asking the republican leader to follow the same process he has followed for president obama when there was a vacancy in february of the Election Year. It was not about that nominee and it was about the leader saying that the voters have a right to be heard before that appointment is made. We are a lot closer now than we were when president obama vacancy occurred. Just respect the rights of the voters this country but weve already started to vote in some states and whoever wins that election should be the one to nominate the next person that serves on the Supreme Court of the united states. That is the point the mega people need to hear and this is a lifetime appointment and it affects everyones life. It affects their healthcare, civil rights, Voting Rights and their worker rights. The voters of this country should have their say. Shannon senator, if Hillary Clinton was a present right now and senator Chuck Schumer was the majority leader watch what democrats do, honestly . We saw with Mitch Mcconnell did. In february of an Election Year where there was a Supreme Court vacancy and the person nominated was a consensus type individual but Mitch Mcconnell said look, an Election Year it did not make a difference who had the majority in the congress and who had the majority or who had the party of the president and did not draw that distinction but that felt that close to election it should be up to the voters to speak first and decide who should make that appointment. If it was not a partisan matter that Mitch Mcconnell said and its a matter that the vacancy occurred in the Election Year and weve had senate controlled by one party and the president by the other and Supreme Court to be considered but as Mitch Mcconnell says with Merrick Garland he refused to do that in an Election Year. This is not a vacancy that occurred months ago but the elections started with early voting already. Wait for the voters to speak. Shannon this is what senator schumer said in a tweet, february 2016, the last time we face this. He said, attention gop, senate has confirmed 17 scotus justices in president ial Election Years do your job. Someone influential asked in 2016 the summer of 2016 about whether the senate to move ahead and said this, that is their job there is nothing in the constitution that says the president stopped being president in his last year and that was Justice Ginsburg. I understand but Mitch Mcconnell was one who held off the Merrick Garland nomination. He had the power to do that and said it was because it was an Election Year and it would be the height of hypocrisy if he brings his nomination to the floor during this time. As you pointed out in the introduction to this segment, we have over not had one over years of vacancy this close to the national election. Shannon senator, what do you think happens and for publicans move forward . Clearly they wont have democratic votes on the Senate Judiciary committee or if it skips to the floor but this talk of what will happen next year, senator schumer saying again tonight, nothing is off the table. The filibuster about potentially being a race to 60 votes threshold, packing the Supreme Court, you see any of the things coming to fruition if democrats are in control next year . I know there will be a lot of conversation with our colleagues on both sides of the aisle. We want the senate to work. We want harmony between the two parties, regardless of who is in the majority or minority. That is when the senate works best. We want the system to work but you cant have one rule for one republicans, when you have a democratic president and block the nomination and another where its a republican president. Thats not harmony or working together. When the next few days or weeks there will be a lot of conversations between democrats and republican members of the senate to say we want to preserve the senate and its the best tradition. That means hold office nomination until we know who is the next president and what that person makes the decision as the nominee. Shannon senator, you served on the Judiciary Committee and out a member of the Fuller Senate as well with a lot of pressure on you so we thank you for taking the time to visit with us. Thank you, sir. My pleasure. Stay safe. Shannon gop senator Susan Collins of maine up for reelection in november. Alaskas Lisa Murkowski is not the both of them but republican senators believe a vote on the next Supreme Court nominee should wait. Lets talk about that in your reaction to what senator cardin just told us from senate rob again conference chairman john grasso. To have you back from a senators been great with you, shannon. Shannon you heard what your colleague across the aisle said but he said listen, this was the argument that Mitch Mcconnell made back in 2016 and is making a wholly different argument now and everybody is pointing at each other based on what they said in 2016 and now claiming hypocrisy so how to respond to that . Made the right point, shannon. If the shoe were on the other foot and the democrats had both the white house and the senate they would be confirming and trying to confirm right now. Twentynine times in the electionyear for the president has been a vacancy in this up in court and when one party controlled both the white house and the senate they went forward with that nomination and were usually approved. If they were a different parties and this is the biden rule, joe biden talked about this when he was chairman of the Judiciary Committee. When he told George Herbert walker bush that there was the vacancy biden would block it because it was a republican president and a democrat senate. We are moving forward. I know it will happen for the present will make a nomination this week and Lindsey Graham will start hearings in the Judiciary Committee and we will vote this year on that nominee. Shannon it makes a difference for a lot of folks whether you vote before or after the actual election even if you started the process with the nominee through the committee process. We talked about senator Susan Collins and Lisa Murkowski and talking about the fact that they think the next vacancy needs to be filled by the person elected on november 3. Even if you proceed up until the president ial election you got a nominee in the process has started. Do you think that whether it is before or after you will have to have the senators voting with you unless the president is resoundingly reelected on november 3 . First, every senator speaks for themselves. I have Great Respect every member of the senate and the chairman and the president will make an nomination in every senator will be asked to offer advice and consent and will have an opportunity and allegation to vote. What i did want to point out that one question senator cardin would not answer of yours is what is Chuck Schumer going to do . Let me be clear. At the democrats win the white house and the senate and have the house they will change the rules and they will blow up the senate and they have an entire war room working on this and they will expand the number of members of this up in court regardless of what the republicans and President Trump do, if they get their way and Ruth Bader Ginsburg says nine is the right number of the court and she says they should not expand the court and she said it makes it to political but i will tell you this is their plan. This is a pure power grab and then they want to stack the senate as well by expanding the number of states to include dc statehood with two new democrat senators. That is what is at stake in this election come november, shannon. Shannon what you say to those who its a scare tactic and rebellions are just trying to do a smokescreen for flipping deposition in 2016 and what you are warning the country about is not going to come to fruition should they take power . The democrats have a alltime war room and they had been campaigning on this promise and the thing that is telling to me is, you showed the video today of alexandria ocasiocortez at a press conference with Chuck Schumer. I will tell you, anybody that is followed Chuck Schumer for a long time knows he does not like to share the camera or the microphone with anyone. She is the de facto speaker of the house because nancy pelosi is terrified of her and Chuck Schumer is worried about a primary for her in two years in new york. She is running the Democratic Party and wants to run it further and further to the left and that is the big problem for the country, shannon. Shannon democrats are trying to make peace with different parts, younger more progressive part of the country and the astonishment, folks have been there a decade. We will see who wins out as this moves forward. Senator barrasso, good to see you, thank you. Thank you, shannon. Shannon a third Supreme Court nominee expected from President Trump this week as washington gears up for a contentious fall. Our panel with insiders who have worked on sipping our nominations, neil and mike debate next. Into a smaller life . Are your asthma treatments just not enough . Then see what could open up for you with fasenra. It is not a steroid or inhaler. It is not a rescue medicine or for other eosinophilic conditions. Its an addon injection for people 12 and up with asthma driven by eosinophils. 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President trump i will be putting forth the nominee next week. Will be a woman. As everyone knows, i made it clear my first choice for the Supreme Court will make history as the first africanamerican woman justice. Shannon the two rivals agree on one thing, that nominee to replace Justice Ginsburg on the Supreme Court will be a woman. The president has already unveiled a list of potential nominees. As joe biden is being pressured by both right and the left to rule out his own list of nominees but lets debate. Two folks know a lot about this, former chief counsel to tenant jenna disher Committee Dianne feinstein, neil, former Team Nomination counseled that is the same Committee Mike davis, great to have you both with us. Good to be here, shannon. Thank you for having me. Shannon we have the list of the president is pretty lengthy so we will have some of the cycle through so people can see but we know now its women on the list. Mike, what do make of the names primarily hearing with amy kony barrett, Barbara Lagoa and listen, there was a guy who looked to me a couple days and said im guessing hes out but who do you think is a front runner at this point . I dont know if theres a front minor at this point but i think the three women are the leading contenders because the president said he will speak pick a woman. Hes a rock fell conservative and would be a great person to consider for the next pick after this but judge Amy Coney Barrett is on the seventh circuit and appointed by President Trump three years ago. She was a Notre Dame Law School grad, top in her class, executive editor of the log review, clerked for Justice Scalia. She is a rock solid conservative, textual list, originalist. She would be a fantastic pick. Judge Barbara Lagoa is a judge appointed one year ago by President Trump on the 11th circuit in florida. She was a state court judge at every level of the florida Supreme Court for four years and she is a human woman, the first latina appointed to the 11th circuit. She testified at the hearing one year ago that she is a committed textual list and originalist and would be a great pic. Judge Allison Jones rushing is 38 years old and a trump appointed judge on the Fourth Circuit and clerked for my former judge, judge gore such on tenth circuit before clerking for Justice Clarence thomas and would be a great pick. Shannon im starting to feel old when we talk about Supreme Court justices potentially 38 years old. Neil, let me get you a way in here. Timmer taught Trump Campaign director says this about the presser on door biden to release his own list says he cant release a list because we know hes in a grip control of the extreme radical left. The judges would have to put on the list to satisfy those people on the extreme left would not be palatable to the majority of americans. Neil, i dont know if folks outside of those of us who follow this with a fine tooth comb will know who these judges are but there is a lot of pressure from what i am hearing from the Biden Campaign from the left. They want to know and see this list. Why havent we not seen one yet . Let me take a moment first to mourn the passing of Justice Ginsburg who was truly an iconic Supreme Court justice, hero to americans, champion for equal rights for women, lower income people, mental disabilities and all americans and especially to young women like my daughter in law school. I think the Biden Campaign is well use to pressure from the left at this point. They will do what they see fit just by what someone on the left or right might wish them to do. The fact is, Vice President biden is not the president at the moment. He is not faced with making an actual nomination. President trump apparently is determined to do. He can take his time and that his candidates and first has to get elected president to be in this position and then you meet with potential nominees and go through all the Due Diligence that is such a critical appointment deserves. Shannon mike, the former Vice President outlined a number of reasons he would not release the list but he has a great he said to put someone on the list would put them to be subject to unrelenting political attacks and would not have a way to defend themselves and he would not be able to move on them for several months anyway. Quick word to you, mike. President trump and 26 team put out list and he was transparent about it and it helped President Trump win an upset victory against Hillary Clinton. I think the reason Vice President biden doesnt want to put out a list is because the people who demand justice in the leftwing groups want to put on the Supreme Court would scare the heck out of the American People. I would say i run the article three project which is advocating for President Trumps judicial nominees and if Vice President biden is not going to put out his list we will go but when out for him tomorrow. Look for that. Shannon okay. We will watch for that. Neil and mike, thank you both for sharing your expertise with us. Good to see you both again. Come back again. Thank you. Shannon a look at this how the Mainstream Media treated the 2016 Supreme Court vacancy versus the headlines that you are seeing tonight. We compare, are they consistent or is there a double standard . That is next. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. You try to stay ahead of the but scrubbing still takes time. Now theres powerwash dish spray its the faster way to clean as you go just spray, wipe and rinse it cleans grease five times faster dawn powerwash. Spray, wipe, rinse. Noand if youre troubledan a liby falls and bleeds,ners. Worry follows you everywhere. 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Its been quite a scene this weekend pray to you note this building very well by me, one of the most beautiful in the country, if not around the world but unfortunately it has been closed because of covid19 over the past several months of the public cant go inside but we want to share some pictures provided by the Supreme Court taken by the photographer of the black drapery that is over the bench where Justice Ginsburg once sat for many years. This is a tradition that goes back to 1873, justice Salmon P Chase in 1873 for a long tradition print this morning, outside the Supreme Court House Speaker nancy pelosi stops by to honor the late justice, someone she knew from decades and considered a friend, a steady stream of mourners continue to pass by the court and assigned to shannon to mow several thousands and i saw it, several thousands packed the street between the capital and the Supreme Court for a candlelight vigil. Its quite a juxtaposition because this is right across the street from the capital where the battle over who will fill the seat will take place. One of the 100 senators who will vote on a new justice, senator Elizabeth Warren was out in front of the court last night. Listen. Mitch mcconnell and his henchmen believe that they can ram through a Supreme Court justice only 45 days from the election. That steady flow of mourners continues today. So many flowers outside in front of the court and some of those people have been following ginsburgs career long before she was on the high court. I think she really was not about politics but about rights and women and she really was my hero smirked Justice Ginsburg died peacefully surrounded by family at home right as the jewish holiday, rosh hashanah, began pretty she will be interred at Arlington National cemetery and it shannon, as far as arrangements possibly that may happen for the public to pay respects we still dont know that yet obviously because of covid19 but it is possible something may happen where the public can pay their respects. Shannon. Shannon i remember the outpouring there at the court after the death of Justice Scalia bred many people would want the same opportunities to honor Justice Ginsburg. We will stay tuned and let folks know as soon as we know. David, thank you. Following the passing of justice antonin scully on february 2016 the Washington Post was quick to point out that one third of the all u. S. President ial appointed a Supreme Court justice in an Election Year and in fact, quote, six lameduck president s appointed Supreme Court justices before their successors took office though not since been to many errors in 1892. Lets get perspective on that history. Senior fellow at the Hoover Institution and history expert himself, good to have you with this tonight, sir. Thank you for having me, shannon. Shannon we are seeing slightly different headlines this time around. One paper in particular i picked up this morning said as the nation mourns it something to the effect trump vows to jam through the sea or fill the seats but the headlines are different this time around but is the situation different . Not really. There is no such thing as a biden rule or mcconnell interpretation of a biden rule but those are new political strategies that when a president of any party in an Election Year wants to make a nomination or can make a nomination it just depends on whether he controls the senate or not and then people make the necessary adjustments. I think the acrimony comes out of that very bizarre surreal kavanaugh hearing. Both parties came away with different lessons. The democrats thought it emboldened their base and rub them up and that is how they won the house and through elegance thought that polarized america to such a degree they picked up two senate seats in an off year. I think theyre both ready to replay that again but a lot of this anger is not historically based. I think it is anger among the democrats themselves and its almost a self anger because you and i would be talking tonight if we were even talking and we will not be talking about this but talking about Ruth Bader Ginsburg and its three things that happened. That is in 2013 harry reid blew up the filibuster on judicial nominees when he held a majority in the senate but had he not done this this would all be theoretical and there would be no way in the world republicans could push this through. And 2014 the democrats lost the senate after a pretty stunning reelection two years earlier by barack obama and then in 2016 and they even lost it in 2018 when the republicans picked up two seats. Had they just won any of those three we would not be here tonight and finally and i want to be reverential to the memory of Justice Ginsburg but it was typically a pattern and american jurisprudence that when a justice felt tired or wanted to retire or wasnt in the health or had a particular agent wanted an ideological replicant they waited till the president of their particular party or ideology was in power and then they timed their retirement and that is what david souter, the republican turned liberal day with barack obama and what Sandra Day Oconnor did with bush and that is what Anthony Kennedy did with trump but Ruth Bader Ginsburg was 81 and 82 and coming off some bouts of ill health and she could have retired in 2013 although many people urged in 2014 and obama had a majority in the senate and wouldve made a very rapid appointment and she wouldve been praised as her legacy and we would not be here. I think she kept on because she felt that her health improved and Hillary Clinton was a sure winner in 2016 or maybe she could persist until 2020 or 24 but final thought is this isnt the end of anything because the democrats have a very strange propensity that they are much more effective at flipping justices when they are in or on the court than they are stopping a confirmation and by that i mean going back to earl warren or William Brennan or John Paul Stevens or Harry Blackmun or david souter, once a republican conservative gets on that bench may be Justice Roberts confirms that in some ways, maybe its the oxygen of washington or the cultural pressures of that city were that liberal culture but they flip and note way that justice gager nor Justice Sotomayor will never vote conservative so this is not the end of it. It will go on and on. Unfortunately. Shannon yeah, you mention Justice Ginsburg and the calls for her to retire last time from the left and she was very firm about the fact that this was her lifes work and lifes passion and she did not believe someone who was grew up the way could get confirmed and she would stay there as long as possible and was very determined. She did overcome a lot of Health Issues and probably felt like she could continue to fight because she beat me on so many times. Victor david hanson, always good to have your perspective. Thank you. Thank you. Shannon joe biden urging senators not to vote for the president Supreme Court nominee and explain why he has not released his own list of potential nominees. That is next. They will, but with accident forgiveness allstate wont raise your rates just because of an accident, even if its your fault. Cut sonny. Was that good . Line the desert never lies. Isnt that what i said . No you were talking about allstate and insurance. I just. When i. Lets try again. 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As joe bidens campaign tries to adjust its message of the election as primarily one being a referendum on the president s handling of the corn of ours pandemic now a whole new issue but correspondent Jackie Heinrich is live for the very latest from wilmington, delaware paid good evening, jackie were marketing, shannon paid directly addressing republican senators joe biden laid out a proposal if President Trump wins reelection they should move forward with the vote but if he does not his nominee should be withdrawn and no action should be taken before the election. Biden cited president established by the gop when they blocked president obamas nominees during the Election Year of 2016 and robbie can leaders claim the American People needed to have a voice in that selection but circumstances are different now. In 2016 gop Majority Senate blocked the nomination of an outgoing democratic president in this time around replicants controlled the white house and the senate but rolled against made blanket statements that biden was quick to cite like Senate Judiciary chair Lindsey Graham who went so far as to say a vacancy should not be filled in the last year the president s first term even under a republican president. Biden quoted graham. And you could use my words against me and you would be absolutely right. That is the republican side when Justice Scalia passed away about nine months before election day that year. You cant unring the bell. If Republicans Press on democrats are mulling multiple defenses, including expanding the number of justices on the court should democrats win back the majority and President Biden signs off on that which just last year biden did not seem to like that idea very much great he said i would not get into Court Packing it president and we have had three justices next time around and we could lose control. In the meantime verizon is ejecting calls from President Trump to release his own list of candidates to unknot us apart from congresswoman Alexandra Cortez who said such a move would risk dividing the party and could be demoralizing by his said his pic would make history as the first black woman on this up in court and pledged to consult with both parties first and progressive firebrand aoc was a fervent barbie sanders supporter and never endorsed biden for president but has pledged to vote for him and following Justice Ginsburg death she said a vote for biden is a vote for democracy itself and urged fellow progressives to get on board shannon. Shannon Jackie Heinrich live in delaware. Thank you so much, good to see you tonight. Lets break down the election impact of its open seat which might political panel. Democratic strategist kevin rowling, fox news conservator Katie Pavlich and then, welcome to have you all with us tonight. Hello shannon. Good to see you. Shannon i asked senator cardin, democrat at the top of the show about these rumors of impeachment and stacking the court and get rid of the filibuster he would not commute straight answer on what may happen with those things but here is what House Speaker nancy bliss he said when she was asked today about the possibly of using impeachment. We dont have a bit ill tell you what she said. She. She said whatever options arrows in our quiver that im not about to discuss right now and congressman jim jordan responded her and said that she said she was Going Forward potentially with impeachment and i dont think they reckon people like being threatened. Katie how do you see the potential discussion of another impeachment going over . Well, first i dont know how they will put another impeachment case against the president up against the president simply fulfilling his constitutional duty to nominate someone to sit in the seat vacated by justice Ruth Bader Ginsburg. The president is simply following president when it comes to nomination and appointment that have been made in president ial years in the past and democrats were threatening to use impeachment or other retaliatory practices simply because the president is doing his job really is quite something whether it is those threatening violence and riots or Public Officials like nancy pelosi saying they will move forward with Court Packing and impeachment based on something the president has the absolute right to do and the duty to do on behalf of the reckon people. Shannon kevin, earlier tonight senator barrasso joined us, republicans talk about this press coverage night with senator Chuck Schumer topped immigrant in the senate and commerce woman alexanderia ocasiocortez and made the point and i think we all know that senator schumer does not like to share a spotlight, microphone or camera with anyone else but set a whole lot that senator or that congresswoman aoc was there with him and saying listen, weve got to make sure all that we entertain all these possibilities and he made it clear she thought everything should be on the table much as he said it should be as well. How do you think that will play with Middle America . Good question, shannon. I watched you this morning on Fox News Sunday talking about the importance of the seat and the fact that democrats and you make a point are really united and he saw that tonight that senator schumer was sharing the stage with aoc in that press conference in new york city. The adjusting thing to me is new pulling out just in the wake of losing rbd on friday night show 62 of americans want to see the next president appoint this justice, including half of republicans. I know Mitch Mcconnell is making this correlation in terms of power and a hes a good strategist as to where his votes are in packing the court as he has over the last four years with over 200 or so federal justices and judges but again, it comes down to a political calculation and if rachel begins her losing ground in fees senate seats it is anyones question whether this will move forward. Shannon it is interesting to look at polling for it i went back and had our research folks pulled the exit polling from 26 team because it its 70 of voters said that the open seat which was then of course the unexcited death of justice glia that was of important or most foreign part of their vote and was just about evenly flip between Hillary Clinton voters and down from voters so who benefits from this because i can see it will fire up the base on both sides. Hugely motivating on both sides. I would say this if we look at polling and public opinion, i think the polls the matter the most on this were the actual votes cast in 2016 which elected donald trump president and then in 2018 after the kavanaugh mass one of the central issues of that campaign and senate races was the Supreme Court and republicans expanded their majority. Those are the two entities that make the decision prayed the president gets to nominate and the senate gets to give advice and consent and in the last two elections where actual voters had their say donald trump and the Senate Republicans won. That is where we are right now politically. Katie made mention that the constitutionality was complete he cut and dry. It is absolutely ironclad. The president has the right to nominate in the senate can choose to entertain denomination or not and the opposite party in charge last time around 2016 there will begin Health Senate decided not to and this time i think they might take a very different tack and finally i would say that history his here is important there than 29 times where in a president ial Election Year there has been a new vacancy on the Supreme Court and the history of the united states. Can i fit in all 29 of those cases the president at the time nominated someone to fill that seat. In the circumstances where that president and the senate were controlled by the same party or members of the same party in 17 out of those 19 cases the result was confirmation. That is the relevant history and the constitution is also very clear and the people has spoken in 2016 and 2018. Shannon yeah, its been a long time for it i want to say over a century maybe in 150 year range since we had one in opening this closer president ial election. I got to memorize those numbers because they will come up a lot over the next few weeks. Kevin, katie and guys thank you for being with us tonight. Thank you, shannon. You bet. Thank you, shannon. Shannon Justice Ginsburg star power made her a pop culture celebrity well into her 80s from Halloween Costumes to comedy. A look at the unlikely impact of the Supreme Court justice next. Free your gut, and your mood will follow. You know limu,g after all these years its the ones that got away that haunt me the most. 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