open-ended questions here. that is what they re seeking in the protests today. jill, i want to get your reaction to what we saw in the supreme court this week, the travel ban decision handed down by the high court. in that was this effort to remove criticize and remove the court s decision. there was tone deafness, as i read that. as we re talking about this, you have all the children separated from their parents. dove tail for us the decision with what we ve been seeing the last few days. well, i think the important thing about that decision is the dissent that justice soto wrote. it really does convey the whorrr of the travel pan, the unfairness and the cruelty of it, and why we need to have a supreme court that will protect americans. this has been a really bad week, not just in terms of family separation, but in terms of the retirement of justice kennedy, who actually is known as a swing vote, but i would say, if you
themselves from any decisions that come before the court coming out of the mueller investigation, for example, if the president needs to be subpoenaed or something like that. i don t think the justices would be a nominee would be required to recuse themselves but i m wondering whether you plan to ask them if they would agree to that? that s a great question and i ve thought about it, yes, i will ask that question. it is a supremely important question. justice in the tapes case were appointed by president nixon but they were appointed before that kind of litigation was produced. here we know a subpoena case is very likely involving donald trump to go to the united states supreme court and i will ask a nominee to commit him or herself that they will recuse themselves from sitting on that decision.
from a conservative point of view to be intellectually honest you have to ask would you have the same reaction to this nominee if it would have been president rubio, president bush? because you would have gotten these judges from any republican president. but the pressure on conservatives and republicans to get in line has been intensify i ing. you re looking at 90% of republicans saying they support the president which translate into republicans in congress who have been reluctant to speak out against him and you will see tremendous pressure on republicans and conservatives to support this nominee. let s look at the decision that came down yesterday regarding unions. we have wondered why non-union members were compelled i think you have. i have and most conservatives i have known have wondered for
blumenthal of connecticut. also with us, former assistant united states attorney. she s a criminal justice instructor at pace school of law and an msnbc legal analyst. senator blumenthal, you called the kennedy announcement earth-shaking and gut wrenching. moving forward, what s the game plan for democrats? what s the topic? the american people should have a voice. this vote should take place after the election when a new congress is seated. a decision of this historic magnitude requires a lot of deliberate consideration, it requires more than the few months we have before this election. and the republicans ought to adhere to the mcconnell rule that these votes should not take place in an election year so we ll take this case to the american people.
years why non-union members were compelled to pay union dues to unions they weren t members of and wanted no part of and wanted no part of their politics. so you have a decision yesterday where the united states supreme court with the help of a trump appointee pushes it aside. i thought there was a fundamental principle of compelled speech, that no one should be forced to join an organization that they disagreed with or to support in any way speech with which they disagreed but there s no question about it but as george will made the case, these are all tradeoffs and the federal courts are immensely important and they will be important going forward.