That ok biden wins election the democrats take control of the sand and they increase the Supreme Court to 12. I mean ive seen ive seen those arguments ive seen a number of policy proposals about about what we might do to reform the coordinate get more equitable and ensure that it is truly representative of of the american electorate in terms not of its decisions necessarily or rather of of the composition of who serves on the court but you know i think thats counted 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 your 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 is 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 is nominee in the seat and i have your concern 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. Now much probably in this current in this current role and hes got that i think he probably was just as far away from from this political top 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 yes it would be a calamity in that the American People will have spoken in november they will decide 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 as our president and we want democrats to happen its already 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 the 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 terror the heart of the fabric you know its genesee of the Supreme Court but it will do extraordinary damage to the institution the senate i think Mitch Mcconnell not the 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 if 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 the senate 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 when now Justice Cavanagh was nominated by donald trump she is a beloved on the right she isnt even chuckles picking that she passes almost all of their list s. 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 repealing protections for people resisting conditions but shes also written over the course of her of her tenure in her academic life as was the 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 were 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 supermajority the well iraqi people david in your gut the expect an election result november 3rd. Now you know what you know the modeling on this and there are very few sonority us that actually get us larry to an election result on november 3rd really barring a hulloa i think for a Vice 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 dow 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 in this country abide by the principle that every vote should be counted and if states are are allowing people submit their ballots i 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 need 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 the 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 or the such 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 start some 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 spirit 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 you resist the raciness the ballot race rather than try to contested and draw it out and will geisha will only hurt the country ok david give me a forecast for Election Day Senate and presidency. Well i think president probably telegraphed that one of the job ones going to when its looking good hes leaning on the battleground states of the polls and when you compare where he was even compared to former secretary clinton where or she was in 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 to see 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 with this really a popular so Supreme Court vote its 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 they would thanks for your time today as all of us. Thank you were going to see you here well a lot more politicking after the break. The confirmation process that will most likely see judge breyer become the next Supreme Court justice is in full swing when crowds and their liberal media allies cast doubt over the proceedings legally their doubts dont have any merit whatsoever on whether this is the one to play simply says the Supreme Court has been little sized maybe forever impact to the poor it is a real possibility. Is your media a reflection of reality. In a world transformed. What will make you feel safe. Isolation community. Are you going the right way or are you being so. Direct. What is true what is faith. In the world corrupted you need to descend. To join us in the depths. Or a maid in the shallows. A dark industry comes to life in los angeles every night. Dozens of women sells their bodies on the street many of them underage. Los Angeles Police reveal a taste of their daily challenge no if youre going to exploit for a child here in los angeles they were going to come out you see officers going undercover as 6 workers and customers to fight the 6 trade. Join me every thursday on the alex salmond show and ill be speaking to guests of the world of politics Small Business im show business ill see you then. Welcome back to politicking continuing the conversation now with alex vogel he served as chief counsel to Senate Majority mean a 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 Trumbull County is set to announce the nominee on saturday and do you think if that does that 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 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 bets when the only election it 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 this and it was held by the other party from the president it is not terribly shocking him at 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. Their concern and i think a lot of the issues that have played exupery in Court Nominations in particular what happened with Justice Kavanagh play into this dynamic and are unfortunate but doesnt the senator from South Carolina pippa 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 action of this nation agrees with the whole or all forces 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 t