Grassley, feels the same way and that the present chairman of that committee right now feels the same way means that the votes technically would be there to confirm whoever the president chooses to replace the late justin ginsberg. Welcome, everybody. Im neil cavuto. This is your world. Fastmoving developments. Were going to talk to a key senator in all of this, indiana senator among the Republican Leadership and how the sands shifted so quickly toward getting this process on. Amid optimism that it could get done even before the election as incredible as that seems. Right now lets go to chad pergram on capitol hill with the heatest. Chad . Youre right. It did stop at two, oy two republican senators saying maybe we shouldnt consider a Supreme Court nominee this year. That was Susan Collins of maine and Lisa Murkowski of alaska. The key is that mitt romney, republican senator from utah, he gave the green light to go ahead. Now were trying to figure out what the timing is on this. Heres Mitch Mcconnell, the Senate Majority leader. The next step will be for chairman graham to lay out the way to handle this in committee. And when the nomination comes out of committee, then ill decide when and how to proceed. Democrats are still fuming over the way republicans blocked president obamas nominee for the Supreme Court in 2016, Merrick Garland. Senate democratic leader Chuck Schumer said the republicans should pick the next nominee and he accused the republicans of duplicity. Were supposed to be this specious, flimsy and dishonest argument that its about the orientation of the senate and the presidency. Or how angry republicans are at democrats and all the big scary things that we might do in the future. So its unclear just how quickly they can get this process started, maybe have a confirmation vote in the committee in the next couple weeks. They dont know if they would do this vote on the floor on which side of the election, before or after the election. Its unclear. Another bit of news this afternoon, neil, the house of representatives earlier this often was supposed to vote on a stop gap spending bill to fund the government and avoid a government shut down. That hit a snag and House Speaker nancy pelosi and the secretary of the treasury, Steve Mnuchin entered into renegotiations here. Trying to retool this. Theres a problem with some provisions that are not in the bill dealing with farmers and the Senate Majority leader Mitch Mcconnell dismissed this bill earlier. He said the message of this piece of the legislation is drop dead. But we got word in the past 20 minutes the House Majority leader, steny hoyer says they might forge ahead and vote on a retooled bill in the house of representatives later tonight if they can work this out. Neil . All right. Chad pergram, thanks very much. To the white house right now. The president is whittling the list down and make make an announcement sometime on saturday. To john roberts with the latest there. John . Good afternoon to you. President trump telling one of our affiliates earlier today, wjbx that hes pretty close to having made up his mind, which would indicate that he probably needs a few more hours, a couple days to think about it. Then he will make the announcement saturday. He does have a president ial political rally planned in pennsylvania on saturday night. Im told that will go ahead. So the timing for an announcement likely sometime saturday afternoon. In terms of sports, late saturday afternoon, 3 00 to 6 00 is prime time. So the president may step in then. The frontrunner is judge Amy Coney Barrett. She clerked for justice antonin scalia. She was a professor in graduate at notre dame law school. She was a finalist for the last vacancy that was filled by Brett Kavanaugh and sort of widely held that if the ginsberg seat ever became available, that she would be the one to get the nod for that. Another top contender is judge barbara lagoa. Shes of cuban descent and lives in miami. The 11th circuit is in atlanta. Putting her on the court could help the president with latino voters and thats one of the arguments being made to the president. Judge joan larsen of the sixth Circuit Court of appeals is on the president s short list were told. She also clerked for justice antonin scalia. She has something in common with judge barrett. The president brought up her name unsolicited twice in the last couple of days. So hes clearly thinking about her. The fourth candidate that we know of that is really a potential here is judge allison rushing from the south Circuit Court of appeals. Shes 38 years old. The president saying that if she were to live as long as judge ginsberg, she could be on the court for 50 years. Shes a favorite of evangelicals. A few Conference Calls among evangelical leaders in which they were singing her praises and burned up the phone lines at the white house. Im told by sources close to the vetting that perhaps seen as too young for the Supreme Court right now. Certainly a contender for the future. Most of the money is going on judge Amy Coney Barrett. Like anything, this could be fluid. President could pick any one of those. Neil yeah, in her case, shes been thoroughly vetted, so shes a known quantity. So if speed were the issue, that might help. Dont forget that democrats are particularly against her because of her perceived position on abortion. So that could really end up being a fight. Neil yeah, all the vetting in the world wont wipe that out. Thanks, john. Want to go to john bussey. Were told this is all about getting it done. Republicans believe right now with mitt romney open to a confirmation process that that is sort of cleared a hurdle that would assure the votes would be there on a nominee. Of course, this depends on that nominee and what comes through the confirmation hearings. What do you think. Doable by election day . Well, possibly by election day. Were 42 days out from the election. The median number of days that it has taken to confirm a Supreme Court judge tis has been 69. 42 is doable. I think either way, the president has an advantage here. The senate has clearly indicated that it is at least that they want to move ahead with a confirmation. So he could do it before the election. He could do it after the election. The new senate wont be seated until january 3. We has a lot of time between november 3 and january 3 to do it then, too. The question is, who is this going to benefit most at the polls . The president or biden and the democrats. Neil you know what is interesting and youre right, we have had times in the past that confirmation and the process had been wrapped up in a much shorter time period. John paul stephens, 19 days. Sandra day oconnor, 33 days. Justice gunsburg 42 days. We live in different times now. I wonder even with those republican votes, you know, confirmation hearings themselves raise issues. Theres other tactics that can bring it out. So play out that potential drama. Yeah. Mitch mcconnell is being very careful about this for that reason. What will the democratic opposition do to delay the process, to drag it out as you say. If they decide to do it before the election, the election itself may complicate matters, neil. Depending on who gets control of the senate, there may be a feeling among some of the institutionalists, those senators who really want to abide by the intent of the constitution to perhaps change their vote if they get voted out of office or if the Senate Changes hands and goes to the democrats. Theres an incentive to do it before the election. It helps the president from changing the topic away from the coronavirus and the democrats hammering him on it. And it helps the democrats because they have new money. Theres the issue of the aca, the Affordable Care act going before that Supreme Court and getting voted down by a new conservative majority. And womens rights in general and abortion specifically. A lot of voters for President Trump are pro choice. Theyre not all pro life. So Mitch Mcconnell may think, look, lets dash through that minefield, get it done before the i collection, get it done before the horizon changes or may decide that its too dicey, we have to go through certain protocols, vet carefully, lets do it after. Neil yeah, to your point, you know, all bets are off in a lame duck session. Votes are not always guaranteed. Weve done it in a lame duck session where a justice has been brought up. Theyre not bound to do anything. Thats that limbo period. Thanks very much, john, on all of that. I want to go to the virus situation right now. Weve been telling you what is happening abroad in britain where three looking at the possibility of a second shut down amid an ominous moment here in the United States even though counts are improving and stabilizing. We crossed the 200,000 death mark right now with better than 6. 8 million cases. Some developments as well on a vaccine front and strict strategies in place by the cdc of what comes out and when. Steve later again following that from atlanta. Steve . Youre right. Breaking news on the vaccine. But still details need to be cleared up. The Washington Post breaking the news that the fda is setting stricter standards for any vaccine that would make it unlikely a vaccine could be produced and available by election day. This makes the u. S. The country with the highest confirmed death toll. Across the u. S. , people still dying at an average now of 770 per day. As the cold weather comes, more people inside, that number could go up despite of the washington report and defiance of it earlier on. President trump says he believes a vaccine will be ready and available well before the end of the year. Heres President Trump. We will distribute a vaccine, we will defeat the virus, we will end the pandemic and we will enter a new era of unprecedented prosperity, cooperation and peace. England too suffering a set back with virus numbers. Officials there concerned about a potential second wave. Number of new cases in england doubling every seven to 20 days. They put in new restrictions on restaurants and pubs and fining people for failing to isolate this, trying to slow down the rapid spread. Back to you. Neil thanks, Steve Harrigan on all of that. To steves point, in franks and spain, parts of italy and israel, theyre looking at slowing things down, restricting or outright lockdowns again in israel. Thats what is occurring as we speak. Theyre getting worried about a spike in cases in india even though the taj mahal has been reopened, the First Time Since the pandemic struck. So depends where you are and what youre looking at. Meantime, the fight over a Supreme Court justice is minimizing and stopping almost all action on anything else. Senator mike braun of indiana on the implications of that after this. International incident. I cant give up on him. Now, one man, one mission, one movie event that cant be missed. Infidel. Rated r. Ikeeping your oysters growing while keeping your business growing has you swamped. you need to hire i need indeed indeed you do. The moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base so you can start hiring right away. Claim your seventyfivedollar credit when you post your first job at indeed. Com promo with priceline, you can get up to 60 off amazing hotels. And when you get a big deal. You feel like a big deal. Priceline. Every trip is a big deal. Neil all right. Supreme court battle on. Everything else off. Dont blame folks for being cynical with the pace. The rap is that they cant chew gum and talk at the same time. I dont know if senator mike braun has tried it. He got in 2018 on what is at stake right now. Senator, this is going to be an interesting battle. The feeling seems to be that it will be all centered on getting a conservative justice to the Supreme Court but at the expense likely of almost everything else. What do you think of that . So dont put me in that category of not doing two things at once. Remember, im a main street entrepreneur having been in this place all that long. Youre right though. This is going to be the thing that dominates the calendar until were through. It wasnt like a lot else was going to get done, neil. I came here to work on things like high cost of healthcare and climate and other things. Thats been shoved aside by Government Shutdown when i got here, impeachment, covid and so forth. But here i do sense that were going to make the most out of the time we got. When you look at precedent, history, leader mcconnell has been clear. If he gets a nominee, there will be a vote. Many of us want to see that happen before the election as well. Neil now, i know again that you were not there in 2016 when the Merrick Garland controversy and democrats have been pounding on that, the hypocrisy of that, ten months before Barack Obamas term was scheduled to end, the republicans were not going to take up that nomination. Here they are taking up this one. The reason mr. Mc conneconnell its different now. We have same parties in control of the white house and the senate. Do you buy that . So i think that is a difference because historically the 15 times its occurred, eight of them have had the same circumstances. Seven of them had a nomination and successful movement in to the Supreme Court. Of the other seven, it just happened a couple of times where it came to fruition when parties when the president and the senate were of different parties. Its a vivid memory to me. Two years ago to date i remember sitting in the room when donnelly decided to vote against kavanaugh. When that transpired, including all the theatrics with it. My race and josh hollys race in missouri were considered tossups. We knew we were slightly ahead. It was tangible, palpable when the kavanaugh hearings occurred and when my opponent said he was going to vote against it, it popped us up two to three points. Thats the most recent example of how its had an impact. Had we not won in missouri and indiana, of course, i wouldnt be here. We would not be in the majority as well. Thats the lesson that we can tern to of how important it is. Neil Lisa Murkowski of alaska, Susan Collins of maine didnt want to be a part of this process right now. I dont know what they could do if they wait till a final vote, if they vote. What do you think of them and how they should move right now . They have indicated theyre against this, so i assume they sit it out. It depends on their motivation, which im not sure what it is, if its the timing. I think there could be a change of heart. If its the nominee, which i think is going to be different, too, the kavanaugh hearings were about as histrionic and belabored as youll get. When you look at who im hoping who is nominated, Amy Coney Barrett from indiana, she has a stellar record. A constitutional list, one that wont legislate from the bench and a woman to boot that is going to trump has said it will be a female nominee. I wonder if there might be a change of heart. Then we had another variable cleared up just a few hours ago when senator romney said that he will be there to vote, and he indicated big difference. Neil all right. Senator, good catching up with you. Thank you very much. Youre welcome. Neil meantime, i want to draw your attention to Kamala Harris. Hes on the campaign stump right now. Shes been busy at a roundtable in michigan. Watch her very closely. He sits on that judiciary committee. She was an aggressive questioner of Brett Kavanaugh. She would be in that role presumably for democrats on the committee if we get a process going with the trump pick as soon as saturday. So think about that and how it changes her plans and the democratic tickets plans campaignwise. She can do a lot less of this and a lot more sitting around at a Committee Hearing in washington after this. Attention veteran homeowners record low Mortgage Rates have dropped even lower. 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Weve got to build on what we did because every american deserves Affordable Health care. Im joe biden and i approve this message. To deliver your packages. And the peace of mind of knowing that important things like your prescriptions, and ballots, are on their way. Every day, all across america, well keep delivering for you. Every day, all across america, tech when youve got. Safelite can come to you. Tech and youll get a text when were on our way. Tech just leave your keys on the dash and well replace your windshield with safe, nocontact service. Tech schedule at safelite. Com. Singers safelite repair, safelite replace. Neil investors calming down a little bit. The s p 500 snapped a fourday losing streak. The nasdaq advanced as well. The comeback ensues. More after this. Are my bones strong . Life is full of make or break moments. Thats why its so important to help reduce your risk of fracture with prolia®. Only prolia® is proven to help strengthen and protect bones from fracture with 1 shot every 6 months. Do not take prolia® if you have low blood calcium, are pregnant, are allergic to it, or take xgeva®. Serious allergic reactions like low blood pressure, trouble breathing, throat tightness, face, lip or tongue swelling, rash, itching or hives have happened. Tell your doctor about dental problems, as severe jaw bone problems may happen. Or new or unusual pain in your hip, groin, or thigh, as unusual thigh bone fractures have occurred. Speak to your doctor before stopping, skipping or delaying prolia®, as spine and other bone fractures have occurred. Prolia® can cause serious side effects, like low blood calcium, serious infections, which could need hospitalization, skin problems, and severe bone, joint, or muscle pain. Are you ready . Ask your doctor about prolia® fda approved for 10 years. Neil all right. Kamala harris at a roundtable discussion going on in michigan right now. Thats a crucial state. As you know, all of these visits on the part of the candidates in the battleground states. Michigan is one that both sides are eyeing. But keep in mind the possibility that if hearings get going, shes the democratics star inquisitor on the judiciary committee. Nobody can forget depending on you point of view if you loved or hated her. Shes very aggressive when it came to going after Brett Kavanaugh. A lot of people say she would presumably serve the same role in hearings for the next president ial pick for the late Ruth Bader Ginsbergs justice seat here. So this complicates things. Shes in washington throughout most of these hearings, shes obviously not on the campaign trail. Jacqui heinrich following that from wilmington, delaware. Jacqui, what are we looking at here . Good afternoon, neil. Yeah, that would change the landscape of what this Bidenharris Campaign has looked like with the limited travel theyve had. Joe biden said his peace on sunday urging republican senators not to vote on a nominee until after the election. Beyond that, biden and senator harris have been trying hard not to step into the middle of this heated political battle. If the democrats win the senate and the presidency, democrats will make d. C. And puerto rico states and adding justices to the court. Biden said he would not backcourt packing. He said he refuses to stands or the issue now. Biden was pressed on his 2016 comments when he pushed for president obamas nominee to get a vote in an election year. He said the circumstances were different. It was nine months out from the election and now were in the last stage of this race. Senator harris has been more silent. In michigan, peter doocy tried to get some answers. Should democrats try to pack the Court Next Year . In framing how to talk about this, bidens team urged democrats to link the Court Vacancy to broader issues like healthcare. But some other democrats have been vocal about the number of Nuclear Options that are on the table if all of this pushes through. Biden and harris resisting getting into that at least for now. Neil . Neil jacqui heinrich, thanks very much. Meantime, lets pick apart what were going to be looking at in the next few weeks, maybe through election day over this Court Vacancy. We have kristin and john here. Fair and balanced all on deck here. From the Washington Examiner as you look at this, the role of Kamala Harris is an interesting one to me because, you know that is her thing. Shes a great prosecutor whether you like what shes saying or not. Shes aggressive. It can cut both ways. What are they looking at . She needs to be careful about how she addresses this nominee. If she exposes a more radical agenda, trump will easily use that against her. Right now her record really speaks for herself. So you have Amy Coney Barrett, one of trumps topics. Shes a devowed catholic, mother of seven and already the left has been attacking her for her faith. Just last year Kamala Harris row posed a religious litmus test for those involved with the knights of columbus. So you have this streak of anticatholic bigotry and if she goes down that road again, Trumps Campaign will easily use that against her. Well, well see. John thomas, the other issue is the president now by looking at presumably only women for this post, you know, could score some points on women and the demographic with whom hes not fared well in the more prominent polls. What do you think . Well, this is a big opportunity for President Trump and its a big risk for democrats, neil. Heres why. If democrats give even a shred of the treatment to amy barrett or whoever the female nominee is that they gave to Brett Kavanaugh, its very likely to alienate that key demo of collegeeducated suburban white women that trump has to recap sure to hold on to the house and the senate and win the president ial election. Its more of a risk for democrats that you know will overplay their hand in this process. Neil depends too, on the agendaer of the question. We live in modern times and try not to think about that. Kristin, im wondering, if Kamala Harris is the one doing a lot of the aggressive questioning, how does that change things, the dynamic . I think that we need to be any senator looking at a nominee for a post that important needs to be do you have. An independent woman myself, i was encouraged by senator harris lines of questioning. I think these justices should be ready for that type of questioning. I also think that its women are monolithic. College educated woman wont be turned off if a justice gets the tough questioning she deserves. So i think that, you know, it can cut both ways. Its interesting what the electorate im looking at some of these swing states and these swing voters, even, you know, down ballot into the house races. Yes, theres some of these candidates sorry some voters that will go home on the issue of life being pro life, going to the republican party. I think the Biden Campaign is smart because they are not the far left. People are trying to say they are, but they are not. And they represent where people are. People still care about healthcare. They care about aca, preexisting conditions and covid. So theyre smart to be pointing people back to those real issues that people care about. Were talking about this now. Its extraordinarily important. Voters are still looking at a number of issues as they go to november. Neil just curious where this goes if it goes beyond the election. That its not resolved as quickly as Mitch Mcconnell and others tell us. All bets are off in a Lame Duck Congress what happens. Your thoughts on that and the need for speed action one senator was telling me. A lot of it is going to depend on what happens with the senate. Thats why theyre trying to expedite this. If the republicans do lose the senate, you know, the nomination could be lost for good. That is another reason why some conservatives are proposing holding off nominating and confirming a justice because republicans might lose their senate seat if ney vote in favor for this nominee like Susan Collins. She might just decide to not vote. Thats what some conservatives are proposing. Theres always the possibility that the arizona race where the democrat is leading in the polls, if he beats senator mcsally, they would have to see him in a lame duck session given the vagueries of that race. That could change the math, right . It could. Lets not forget the way Brett Kavanaugh was treated had a dramatic impact on the election and swung it harder to the right in the final days as americans started to feel sorry for Brett Kavanaugh. To your earlier point, neil, i dont care what the gender is of the questioner of the female nominee. If youre staging walkouts like Kamala Harris did, if youre accusing the nominee of being a serial rapist, that is not appropriate and will have a electoral consequences. I would caution the democrats to actually try treating this nominee fairly as a confirmation should be. Neil still early. Well get and idea on this coming up. Thanks very much. Were keeping an eye on texas in the flooding right now with another storm. This one is a doozy. Its the first greeknamed Tropical Storm, beta. There will be more after this. People everywhere living with type 2 diabetes are waking up to whats possible with rybelsus®. You are my sunshine, my only sunshine. 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Please dont take my sunshine away. You may pay as little as 10 per prescription. Ask your Healthcare Provider about rybelsus® today. Im a sustainability science researcher at amazon. Climate change is the fight of our generation. The biggest obstacle right now is that were running out of time. Amazon now has a goal to be net zero carbon by 2040. We dont really know exactly how we are going to get there. Its going to be pretty hard. I want my son to know that i tried my hardest to make things better for his generation. Keeping your oysters busihas you swamped. Est you need to hire. I need indeed indeed you do. The moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base claim your seventyfivedollar credit when you post your first job at indeed. Com promo neil all right. When it rains, it pours. In the case of Tropical Storm beta, its bringing a lot of heavy rain and flooding to texas. Could make its way to louisiana and doesnt stop there. A northward trajectory could soak a lot of states. Jeff paul has more from galveston. Hey, jeff. Neil, its raining on and off throughout the morning and afternoon. As a result, you can see the localized flooding throughout galveston and really all the way up through the houston area. Weve seen a lot of cars getting trapped on the highway. People having to be rescued as these flood waters creep up from some of the bayous that are just packed right now with too much rain water. Beta has been down graded from a Tropical Storm to a tropical depression. That doesnt change anything. This wasnt going to be a wind event. Its always been a rain event. What everybody is holding their breath for is to see how long it sticks around. A lot of people remember harvey. Some folks saying this is kind of the worst that they have seen in the last ten years or so. The most flooding that weve seen here in about ten years. Since ike. May have tried to make a lot of repairs, building up mounds of sand out there. But now theyre all gone. Now, thankfully for the people that live along the texas coastline, the bands coming through right now are getting weaker and weaker it seems by the hour. Theres times where well have three or four hours of sunlight and no rain. Another band will come through. It is starting to show signs that the slowmoving storm is heading north and east. Not good news for people in louisiana who have had already a rough go this hurricane season. Neil . To put it mildly. Jeff paul following that. And for the Supreme Court drama, forget about who will fill justi justice ginsbergs seat. Imagine the possibility that we have some controversies with the election like bushgore in 2000. Then what . Would you trust eight justices to be in unison in that event . Jim trustee looking at what we could be seeing with a 44 court after this. Its official National Coffee day is now National Dunkin day celebrate with a free medium hot or iced coffee with any purchase on september 29th. Neil all right. This quest to replace Ruth Bader Ginsberg is to get us back to nine justices on the Supreme Court. Right now we have eight. That doesnt mean everything stops. There in lies the rub. Imagine if we had a bushgore situation like in 2000. Its an eightperson court. Then what . Jim trussey knows a thing or two about Supreme Court and their responsibilities. I imagine they get more complicated in the event of a 44 court. By that, i mean the possibility of a 44 tie. Im not talking about what their political leanings are. What do you think . What is the risk the longer it stays that way . The risk is significant. Its not the first time the court would get down to eight for a while. Weve had deaths and recusals where the justices were limited to eight. In a normal flow of work, they can sit on a 44 split, wait till the next term and hope that they get back to nine to decide it. Thats not particularly good for election litigation. So they do need to have a ninth if they want to have that kind of president ial value over any election chaos. If they dont, if they stick to 44, its like baseball, the tie goes to the runner. It defaults to the lower court ruling. If a state Supreme Court ruled one way or a federal Circuit Court, that ruling will be the law on that issue and the Supreme Court will have no value because of the 44 split. Neil obviously if theres anything weird that happens in this election and theres a lot of fears there might be, would the first stop still be for either arguing party going to the Supreme Court or by default do you go to the Supreme Court . No usually theres a pyramid here where its tough to get to the Supreme Court early on. So most of this litigation would go back to bush versus gore, it wound its way through the state court on an expedited basis. Im talking extremely fast track. That is probably how this would happen. Frankly, if you have only eight, if you have some indication that Justice Roberts may stray to the other side of the isle and every likelihood that this court would take them early because they want them to be resolved by the lower courts if possible. Neil jim, as soon as you mentioned Justice Roberts, hes like the Anthony Kennedy vote, a swing vote. If its a 63 conservative vote, theres less to swing. What changes dynamicswise . The assumption that theres a relatively conservative jurist that makes it 63, the cohesiveness of the court behind closed doors becomes a little less important. You have a pretty significant majority vote there if theyre tacking the line conservatively. Neil, what you seen over time, a lot of fairly conservative jurists will be hard to predict. Im not sure that is a bad thing. If theyre judging cases on the merits of the case instead of some political predisposition, they should be unpredictable. Maybe Justice Roberts falls into that category of trying to resolve the dispute. 63 conservative appointees is a significant majority for the run of the mill cases to go through the Supreme Court. Neil do you think well have a nominee by election in other words, a confirmation approval by election day . Sounds like well have a nominee by saturday, right . On the approval . Look, theres an awful lot of street theater. If we thought the kavanaugh process was crazy, wait till the next one. Could be about catholicism or people walking out of the senate. A lot of street theater. Legally and practically, its certainly feasible to get a candidate through in this time period. Ginsbergs nomination was 42 days. So certainly doable. But thats a political question more than a legal or practical one. Bill i was trying to slip that in and embarrass you. I failed again. Jim, always good having you, friend. Thanks. Neil in the case of justice ginsberg, she was approved 963. Gone are those days. What about the fast approval day . Sandra day oconnor, took her 33 days. The guy that wrote the book on that after this. Fine, no one leaves the table until your finished. Fine, well sleep here. Its the easiest because its the cheesiest. Kraft. For the win win. To save you up to 60 . These are all great. And when you get a big deal. You feel like a big deal. Priceline. Every trip is a big deal. My wife and daughter had been killed in an automobile crash, and lying in the bed were my two little boys. I couldnt have imagined what it wouldve been like if i didnt have insurance to cover them immediately and fully. Forty years later, one of those little boys, my son beau, was diagnosed with terminal cancer, given months to live. I cant fathom what would have happened if the Insurance Companies had the power to say, the last few months, youre on your own. The fact of the matter is health care is personal to me. Obamacare is personal to me. When i see the president of the United States try to eliminate this health care in the middle of a Public Health crisis, thats personal to me too. Weve got to build on what we did because every american deserves Affordable Health care. Im joe biden and i approve this message. Neil these are some alarming numbers that show it wasnt all that long ago that the confirmation process with fairly swift. Lets take a look at some more memorable examples of the case of john paul stevens, and thats a little bit less than 25 days for john roberts and the Sandra Day Oconnor, a 43 days, 4 42 ds for ruth bader ginsburg. The guy that literally wrote the book on all this, Sandra Day Oconnor starts right now. Tell me a little bit about that process, democrats saying it shouldnt be done, but it is going to happen. Can it be done that softly come with the you refer back to the day with Sandra Day Oconnor and some of these others . Yes it can be. I agree its going to be a lot of fear, but it can be done. My first thought on this as they should slow it down and ill try to do a straight power play, but i changed my mind. Trump has his choice, but they have to have a choice. They have the votes with romney, and it can be done, its doable. Neil weve had many in election years, but i just wonder if knowing her as well as you did i believe that she and Justice Ginsburg served together so they knew each other very, very well. They are kindred spirits, maybe not philosophically but maybe being women on the highest court. What do you think you should kind of make up the process now, and doing this now . I know she might have been concerned and i heard you some are talking about how the mere garland situation was handled four years ago, what would your thoughts be . The last call was that Mitch Mcconnell was wrong to stop the garland nomination. But you know i think in this case as i think about it, she would be okay because the rules are, the president nominates and the senate confirms, those are the rules and its happened plenty of times in the last century. I think it was only seven times during the election year. It can be done. And this is a guess. Justice oconnor has alzheimers and shes honestly not talking about it now but my guess was, she would not be happy with the theater, she would be happy with power plays but she would be okay with this. Neil really quickly, you are thinking this might become a superseding issue than to say to the virus that this will trigger the passion will get people out to the polls or dont . Known. I think people care, but i dont think the Supreme Court is ever the decisive issue, i think its an issue but its not the deciding issue. I will take the time, its great to see you. We had stocks coming back today and competence that maybe we can keep that going, we will see. Its still a bumpy ride, here comes the five. Jesse im here with the dagen mcdowell, juan williams, dana perino and greg gutfeld. Its 5 00 in new york city and this is the five. Its a game on it, the political collision course of the Supreme Court is going forward. President trump set to announce his nomination on saturday and Senate Republicans say they have the numbers to hold a vote. The partisan infighting is just Getting Started and heres just a small sample of what will likely be the nastiest confirmation fight we have ever seen
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