Judge barrett was confirmed to the Circuit Court three years ago by a bipartisan vote. Her qualifications are unsurpassed, unsurpassed, and her record is beyond reproach. This should be a straight forward and prompt confirmation. It should be very easy. Good luck. Its going to be very quick. Im sure it will be extremely noncontroversial. At 48 years old, barrett would become the youngest justice on the Supreme Court. She is a devout catholic who taught law at notre dame, her alma mater for 15 years. Barrett and her husband jesse have seven children. This is a momentous decision for a president , and if the senate does me the honor of confirming me, i pledge to discharge the responsibilities of this job to the very best of my ability. Trump says the vote was bipartisan, but its worth noting that only three of the 55 votes were democrats. During a Virtual Conference this afternoon, Vice President biden criticized Senate Republicans for focusing on barretts nomination rather than passing overdue legislation. The house passed the heroes act which provide 915 billion in local and state government. Its collecting dust right now in the senate. Joining me now, kelly odonnell, nbc News White House correspondent, maya wiley, civil rights attorney and professor at the new school, and guy charles, duke law professor and msnbc legal analyst. Kelly, i want to start with you. Give us a sense what the white house has been telling you about why this was their pick . This has been certainly the president s plan for some time, and with the death of Ruth Bader Ginsburg, Amy Coney Barrett was really the next person expected to be chosen, and that all came together that weve seen this happen unfold very quickly. The president interviewed only her for this position, and she has certainly been someone who has gotten the attention and the support from social conservative, religious conservatives. That stripe of the president s base. And he certainly wanted to include a woman on the court and to meet that threshold of support and perhaps political animation from that part of his base. And he gets that certainly with Amy Coney Barrett. Now of course the people who were a part of the rose garden ceremony today who are supporter, friends, and certainly on the same thought process as the white house, view her as someone that they believe will follow in the footsteps of the justice she clerked for, antonin scalia. And we saw today how she tried to use that piece of her own biography to connect herself to Ruth Bader Ginsburg because of the personal friendship weve all heard so much about with the late justices ginsburg and scalia, their personal friendship. Now she also spoke about her family and the white house has emphasized that a great deal, to talk about her seven children, two of whom were adopted from haiti. She today did not describe her faith explicitly, but many people do describe her devout catholic background. And of course her time at notre dame supports that. The president emphasized her intellect, the fact that she has that bipartisan support that you noted. Only three Democratic Senators. But that was a vetting process that the white house thinks can speed this along. Now certainly many people believe that it should be something that goes at a more prudent, slow pace and that many argue that it should be the winner, the outcome of the november election to determine who would fill this vacancy. But the white house is on its path, and they believe that they can get a confirmation by the election. Ultimately, thats decided by Mitch Mcconnell, who controls the pace of the floor of the senate, but those sort of pieces of the puzzle are lining up. She will begin with meetings on capitol hill beginning tuesday, likely to meet with members of the Judiciary Committee first. Her sherpas, that term of art use on the hill for this process, aides who will help guide her confirmation process in all of its dimension, although she has been confirmed before will be white House Counsel Pat Cipollone and chief of staff mark meadows. Sometimes its an outside person who will assist a nominee. Not so in this case. And they will rely very heavily on the fairly recent record of her confirmation with many members of the senate who will be asked to advice and consent again. So thats a lot of what were hearing now. And certainly critics look to issues like gun right, abortion rights, and the Health Care Law as areas where theyre concerned about the shift from a court that would now be 63 on the conservative side if she is confirmed. Alicia . Maya, lets talk about that shift. If she is confirmed and she is on the court, how does that change the balance of this court . Its a drama shift. And the reason is because not only did Mitch Mcconnell deny president barack obama the opportunity to get a hearing on Merrick Garland as a centrist, as someone who is a centrist judge, that that meant that the balance of the court has basically been fairly conservative with Justice Roberts being a swing vote. But that swing vote could only swing with the Ruth Bader Ginsburg, with four liberal justices. And what were seeing now is there will be actually six politically conservative justices. And the question of even if Justice Roberts is willing to swing to the then remaining three liberal justices, that means a 54 split that will go conservative. And thats exactly why people are raising concerns about what it means for the upcoming docket, including the Affordable Care act, where it was roberts who was the fifth vote that preserved the Affordable Care act. Now that may not be the case. So guy, on the Affordable Care act, on roe, i want to read you the tweet that was sent out by Kamala Harris in response to this nomination. She writes trumps handpicked successor to Justice Ginsburgs seat makes it clear they intend to destroy the Affordable Care act and overturn roe. This selection would move the court further right for a generation and harm millions of americans. I strongly oppose judge barretts nomination. Guy, what struck me there was the emphasis on for a generation. The emphasis on this being a lifetime appointment. Can you give us a sense of the implications of this, not just for policies or for cases that are on the docket in the next year, but for the foreseeable future. Sure. Absolutely. Think about it this way. We have a country that is roughly divided 5050. But yet youre going to have a court that is 63 with one justice who is 48 years old who may serve on the court for 20, 30 years perhaps, and so conservative majority on that court that may stick together for 10, 15, perhaps years in a country that is roughly divided 5050. So the question before the country and the question before the board on this issue in which the country is relatively evenly divided, youre likely to see the court more often than not conservative majorities. And thats the worry. That worry is not just before this year, not just for the docket for the next couple of years, but were thinking about five, ten, 15, 20 years down the road. And so thats the issue that people are worried about. Kelly, as you said, there is concern over how quickly this is moving. Nbc news has learned that republicans want to start Opening Statements on october 12th. That is just 16 days after the nomination. What more can you tell us about the timeline that we might be looking at . Well, certainly that is where it begins. And one of the things that President Trump alluded to in his remarks was he did not expect it would controversial last time, a reference to Brett Kavanaugh. And we of course all lived through the drama that unfolded with his hearing with allegations made against him by Christine Blasey ford and how that upended some of the process and the plan. Now of course we have no idea of what may be coming in terms of critique or assessment of Amy Coney Barrett that is not already known. Part of what they are leaning on is the fact that shes been through this confirmation process before and recently. But certainly the stakes are much greater at the Supreme Court as opposed to the 7th circuit where she has been serving. So there is one argument about moving it as swiftly as they possibly can in terms of process and then finding precedence in background of the timeline of other justices is to avoid a lastminute surprise. The other option of course if not by election day, because there could be some concerns for certain senators who are up for reelection and Mitch Mcconnell might want to try to protect them from a vote and do it in a lame duck session, but thats unclear because, for example, in arizona, that is a special election. If mark kelly the democrat were to defeat martha mcsally, he would actually be sworn in before the new term. So there is a lot of math that needs to be planned here. And also how quickly can they do the meetings and set the hearings, and will there be any surprises. In the best Case Scenario from certainly the president s point of view, they believe it can be done by election day, but it is an aerobic pace to be sure. Alicia . All right, kelly, thank you so much. Maya and guy, were going see you a little later in the show. Coming up, now that its official, what will the fight for kuril nation look for Amy Coney Barrett . What can democrats do with just 38 days until election day . Ry supplements. Neuriva has clinically proven ingredients that fuel 5 indicators of brain performance. Memory. Focus. Accuracy. Learning and concentration. Try it today with our moneyback guarantee sprinting past every leak in our softest, smoothest fabric. Shes confident, protected, her strength respected. Depend. The only thing stronger than us, is you. 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. [ engines revving ] its amazing to see them in the wild like th shhh. For those who were born to ride, theres progressive. [ aevery box has a mission to protect everything inside from everything outside. When whats inside matters, count on boxes. [ doorbell rings ] paper and packaging. How life unfolds. We matter. Were important. We count. Completing the census ensures federal dollars are spent on schools, hospitals, and restorations in our neighborhoods. Funding is at stake for marginalized communities. So make it count to be counted. The more you know. Is set to be unprecedented the next few weeks as the senate rushes to confirm President Trumps nominee for the Supreme Court. Take a look at this tentative schedule. Confirmation hearings for judge Amy Coney Barrett are set to begin in just a little over two weeks on october 12th. If Senate Majority leader Mitch Mcconnell sticks to this proposed schedule we showed you, judge barrett may be confirmed just days before the november election. With me now Pulitzer Prize winner michael schmidt, and author of the New York Times bestseller donald trump versus the United States, inside the trouble to stop a president. And suhail kapur. That is a breakneck pace. Is that really what were going to be seeing . It looks like it. And it looks like they have the votes and the ability and the control to do that. But i think the most important thing for us for understanding whats going on today and whats going to happen in the next few weeks is this type of nomination, this type of justice is the umbilical cord between the president and his base. It has been the thing that has allowed the president to behave and get into trouble in ways that other president s havent been able to survive. And it has allowed the president to have this tie to the Republican Party in a way thats incredibly powerful. He has remade the federal judiciary, nominating justices just like the one that he nominated today, and we will be living in that, with Donald Trumps judiciary for decades to come. Thank you for underscoring the lived reality of what this is going to look like for the next several years. Suhail, democrats have decided to focus on the Affordable Care act. You got the same slew of statements, saw the same tweets i did. Im sure it comports with the reporting that you were doing prior to this. What is the thinking that going into their focusing their message around aca . Were seeing an unusually high level of message from democrats in focusing on the aca ahead of this confirmation fight. And the reason is it really hits all the sweet spots for democrats politically, because they recognize they may not be able to stop this nomination procedurally, but what they can do is maximize the political pain that republicans feel at the ballot box. So here we have a situation where joe biden and Democratic Candidates up and down the ballot are running aggressively on protecting the aca from republican attacks, including a lawsuit supported by the Trump Administration invalidate the entire law thats going to be confirmed by the Supreme Court just one week after election day. On top of, that you have President Trump having said in the past that he will pick judges who in his view dont support the aca and wont uphold it like chief roberts did in 2012. Add to that, you have judge Amy Coney Barrett saying in 2017, expressing skepticism and some criticism for chief Justice Roberts for upholding the Affordable Care act in 2012. And on top of that, we have a pandemic, and millions of people are already worried about their health coverage. Some of them are losing it. And the prospect of this being ripped way from many more is a very politically salient issue that democrats are eager to highlight. But suhail, there has been some debate within the Democratic Party around whether or not they were going stick with that messaging or whether or not there was an appetite to use the limited procedural tools at their disposal. I mean, you already have senator blumenthal saying, for example, he is not going give a courtesy meeting to the nominee. There is also a push for senators to simply boycott, you know, the confirmation hearings writ large. Is that fully off the table or is that still a debate that is happening inside the party . Alicia, i actually asked a democratic senator about the boycott issue a few days ago, and i did not get a straight answer. Clearly there has been talked about this in the democratic ranks pushed by activists who want the get Democratic Senators to boycott this so the entire process looks to the public to be illegitimate. But i have a doubt whether democrats are going to do that. They will try to use some procedural tools they have to throw sand in the gears and force a vote here, force a procedural vote there. But the bottom line is the republicans have 53 senators. Just two of them have come out and said they opposed moving on this nomination. They appear to have the votes. Mike, clearly the immediate issues, or two immediate issues, right . First the nomination and whether or not the timeliness of this nomination, whether or not should it proceed. But then the secondary question being if the results of this election are contested, the possibility that that would then get kicked over to the Supreme Court. So how do you see the interplay of these two stories, this nominating process and the possibility that we have a contested election that gets decided by whomever is on the other side of that confirmation process . Well, i mean, look. The president has talked about this. Republicans have used that as sort of the argument for the need to have a full court at nine coming in here to the election. And there is some questions among legal expert, including one i was just talking to about whether you whether Amy Coney Barrett would actually be able to preside over such a case. The thing that i think gets lost in the entire thing is that the Supreme Court still can function with eight justices if it was divided 44, it would revert back to what the Previous Court that had ruled on it in the system had come down. So it doesnt mean that the Supreme Court doesnt work, because it doesnt have nine justices. It just means that maybe the prior ruling would be the one that stood. But as the republicans here have needed and tried to make this argument for why they need to fill the seat, this has been at the forefront, especially from the president s mouth. Sahil, its very clear who this nomination inspires, who it motives. I am curious about whether or not there is a political price to this. You have new polling from abc news and the Washington Post reveals that the majority of voters say the next justice should be decided by the next president. I mean, does that just become does that get seen as a process question or are there voters who are willing to stake their vote on this decision to proceed . There may be. It looks like Justice Ginsburgs death has woken up democrats to the importance of the courts in a way we have not seen for many elections in the past. Just in 2016, exit polls showed that voters who cited the Supreme Court as a top issue supported President Trump over Hillary Clinton by 15 points. Were seeing a paradigm shift where the reverse of that is happening, a remarkable thing, which i have not seen before in my time covering politics where democrats tell pollsters that they rate the court and the future of the Supreme Court as a more important issue than do republicans. Polls also show that voters trust joe biden over donald trump to pick the next Supreme Court justice, not just nationally, but in key swing states like pennsylvania and nevada and even ohio, which is a state that the president won by eight points has to be comfortably in his column otherwise he doesnt have a shot at reelection. There may be a price to pay between now and election day for the president and for his party. It seems like they have decided that cementing a 63 conservative majority which will protect their priorities for 10, 20, maybe 30 years to come is worth some political pain at the ballot box that in all look hood it appears they will suffer as a result of this. All right, michael and sahil, thank you both so much. We continue our special coverage next on the come nation of amey and what it means for the future of the Supreme Court. Plus, protests continue tonight following the death of Breonna Taylor. Well go live to louisville the latest. 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You can detect suspicious activity on your account from here. And you can pay your friends back from here. So when someone asks you, wheres your bank . You can tell them heres my bank. Or heres my bank. Or, heres my bank. Because if you download and use the chase mobile app, your bank is virtually any place. So visit chase. Com mobile. Louisville officials are bracing for another night of protests demanding justice for Breonna Taylor. This comes after a grand jury declined to indict three Police Officers directly connected to her death. Demonstrators took to the streets last night following Kentucky Attorney general Daniel Camerons announcement that none of the Louisville Metro Police Department Officers who fired put approximately gunshots into taylors apartment would be charged with her death. Now the familys attorneys are demanding the release of the grand jury proceeding transcripts. Nbcs Shaquille Brewster is on the ground in louisville and joins us now. Shaq, whats the situation there right now . What you seeing . You mentioned how the family is demanding the release of those grand jury transcripts. Thats also what youre hearing from protesters who continuously come out to the streets of louisville. I want you to take a look behind me where this is the main park that has become essentially the memorial for Breonna Taylor. You see several hundred people here, people with their bike, people with families. As i was having conversations with many people a little bit earlier today, one thing that real really stuck out to me is how many people were here with their kids for the very first time, people who came out to protest for the very first time, who hadnt come to any protest since Breonna Taylor was shot back in march. What were hearing from officials, we just heard from the mayor of louisville. We just heard from the police chief, and they said things have remained peaceful, more peaceful than they expected. The protests have been a little bit smaller than they expected so far. But we know there is that 9 00 p. M. Curfew. We know about the presence of the national guard. Theyre asking that protesters who are here exercising their First Amendment right continue to come out, but theyre asking them to get home by 9 00 p. M. And to keep the peace. Listen to a little bit of what officials said earlier today. While i appreciate that many Peaceful Protesters are intervening when they see illegal behavior in the crowd, its also important to remember that if youre in a group or destructive and violent behavior is happening, you need to separate from that group or you can possibly be subject to arrest. And then goes back to what we heard from the family of Breonna Taylor. You mentioned asking that the transcripts from those grand jury proceedings be released. Again, thats something that protesters continue to say. They say they dont trust the process, that grand jury process is secretive. We dont know what arguments were made in that process, but were seeing more evidence being made public. There was a body camera video or a clip from a body camera video released just yesterday. There is the autopsy of Breonna Taylor that we saw come out friday. There is still a lot of information that people here want to know. There is that call for transparency that you not only hear from the family of Breonna Taylor, but for the protesters who continue to come out on the streets of louisville. All right, Shaquille Brewster, were going to see you in a little bit, check in again. Thank you so much or the your time. There are several big cases coming up for the Supreme Court. The fate of the Affordable Care act is on the docket, and the outcome of the november election might be decided there as well. How Amy Coney Barrett could impact those rulings, next. The United States Postal Service is here to deliver your packages. 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With any steak entree. We count. Completing the census ensures federal dollars are spent on schools, hospitals, and restorations in our neighborhoods. Funding is at stake for marginalized communities. So make it count to be counted. The more you know. A judge must apply the law as written. Judges are not policymakers and they must be resolute in setting aside any policy views they might hold. The president s choice for the Supreme Court, Amy Coney Barrett, stand to make an important impact on cases coming before the court in the next several weeks. That might include a case that could decide the election. More than 300 electionrelated lawsuits have been filed in nearly every state, mostly relating to covid19 and expanding vote by mail. Analysts expect even more lawsuits to be filed involving votes in novembers election. The Supreme Court is back in session october 5th, and a week after the election, in the midst of the ongoing pandemic, the fate of health care will be back before the justices. The Supreme Court is set to hear oral arguments on the Affordable Care act as the Trump Administration fights to eliminate it. We already have a hint which way Amy Coney Barrett might vote on the aca. In 2017, she wrote that chief Justice Roberts pushed the Affordable Care act beyond its plausible meaning to save the statute. And in 2012, she signed a petition protesting a division of obamacare, the guaranteed Birth Control coverage which she argued violated religious liberties. With me now is guy charles. He is a professor of law at Duke Law School and an nbc news and msnbc legal analyst. Professor of law at Stanford Law School and msnbc legal analyst. And harry litman. Hes the Legal Affairs columnist for the l. A. Times and a former u. S. Attorney. Great to see you all. All right, harry, i want to begin with you because you did not mince words. One of your latest columns for the l. A. Times is titled if Amy Coney Barrett is nominated and confirmed, it will be a shame for the Supreme Court and the country. Tell me more. Okay. So, alicia, we have trouble imagining full stadiums these days, but try to imagine one filled with all the people who could be qualified for the court. After Justice Barrett is confirmed, there will be a hard lock fiveperson majority, and they all come from section 2 over in this little spot. The problem is not her qualifications per se, its the hammerlock on the court of a conservative majority that really is not in step with either the Legal Profession or the american people. Aca is a very good example. It will come up in november, just after the election. She has indicated that she will vote to strike it down. Thats very consequential in and of itself, of course. 20 Million People Lose Health Care coverage, et cetera. But this whole next term will be 2 of her career. Were talking about a generation of results that really are not what the Legal Profession overall would endorse, nor the american people. So the court has just gotten way, way too lopsided. Nate, there are those who argue that the conversation shouldnt be about the nominee. It should be about the nomination. Should it be about the proximity with which this is happening to election day. What say you . Is the conversation about Amy Coney Barrett herself . Or is it about the circumstances under which this is all happening . Well, i think it is about the circumstances. And you have to think about this in the context of whats happened over the last four years. Its not just the surprise of Justice Ginsburgs death which then leads to this last minute appointment before the election, but it also happened with Merrick Garland in 2016 and how president obama was not able to nominate him and get him confirmed to the Supreme Court. So you cant disentangle her qualifications and the debate over her from the circumstances that have led to her nomination. Guy, do you agree . Yeah, i agree. I think part of the question here is one about process. So when the democrats controlled the white house because it didnt control the senate, and the assumption was a norm that the president s nominee would get an up and down vote, that didnt happen. And so the question is we established a new norm by saying that you cant vote for or nominate someone during a president ial election. And the democrats position is look, it seemed like the republicans established a new norm and there is a vacancy right in the middle of an election. So part of the question here is both about process and the meaning of process in a country that is evenly divided. And a nomination that might change the direction of the court in a significant way, from a 54 with one possible swing justice to one in which it will take a lot of coordination to get outcomes that reflect where the country may be. So, nate, you have harry making the argument that this projects out into the future. It sort of echoes something we heard from Kamala Harris which is that this has implications for generations. But the most immediate thing that were talking about is very likely the outcome of this election should there be a contested election. Weve seen the Supreme Court this summer scrap an attempt or the democratic governor of wisconsin to extend mailin voting because of covid and ruled three alabama counties didnt have the vote by mail requirements. What do you see if she is confirmed, if she is added to the court and there is a decision about this election that gets pinged to the Supreme Court, how do you see her factoring in . Well, the way to think about her appointment to the court is that it moves what we call the median justice away from chief Justice Roberts to one of the more conservative justices on the court. And so we dont know what kind of case exactly is going to go to the Supreme Court. But it does suggest that the liberal wing of the court is one person short now with Justice Ginsburg no longer there. So whether its Amy Coney Barrett or neil gorsuch or Brett Kavanaugh or samuel alet toito,e are the folks who would be the median justice, crucial for the tiebreak vote. You only have now on the Supreme Court two justices were there during bush versus gore itself. So we havent seen the Supreme Court get involved in a president ial election case. And so we dont really know how theyre going to deal with some of the critical issues. Harry, from your vantage point, what recourse do democrats have . I think the short answer is none. We are in the new norm, as is no norm. Its sort of law of the jungle. Now there are some thoughts what they could do after an election. Theyre all very extreme and the sort of things that you wouldnt normally consider if it werent so quirky as nate as kind of spelled out the situation we now find ourselves in. But back to this prospect of their deciding the november election. Probably would be the worst moment for the Supreme Court since the dred scott case. What you need above all in that situation is legitimacy, almost more than the right determination on the law. And it seems impossible that a court that had just been put up there by the president , if it decides for the president , could ever seem legitimate in the eyes of the american people. And that is a true crisis. Guy, it was interesting to me listening to the ceremony in the rose garden the emphasis on this being apolitical. I think there is always the question of whether or not there is a Supreme Court nominee can be apolitical, whether that is baked into the realities of the process. But in this moment in particular, given the circumstances under which this is happening, can it be expected . Can it be anticipated that this nominee would be apolitical . Look, were in the middle of a catch22. On the one hand, were living in one of the most polarized times we have ever lived an one of the most difficult circumstances, right in the middle of a pandemic. On the other hand, we actually need institutions that bring americans together that can decide questions, that can help us process our disagreements. And weve relied on the Supreme Court as one of those institutions. And so it is absolutely critical for the court to get back to its position of being able to deliver on some of those process questions as well as some of those substantive questions where people believe in the credibility of the institution, even when they lose, right . Thats particularly important. And the way that this nomination has gone through challenges those questions. It challenges the legitimacy of the court to render the decisions in the a way that the losing side might believe it. All right, guy, nate, and harry, thank you all. Thanks, alicia. What will the nomination of Amy Coney Barrett mean for the legacy of Ruth Bader Ginsburg . Ill talk with the authors of one of the defining books about rgb, next. Your journey requires liberty mutual. They customize your Car Insurance so you only pay for what you need. Liberty power wow. That will save me lots of money. Youre insured this games boring. Lets get tacos. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. Tonight, ill be eating a veggie cheeseburger on ciabatta, no tomatoes. [hard a] tonight. Ill be eating four cheese tortellini with extra tomatoes. [full emphasis on the soft a] so its come to this . [doorbell chimes] thank you. [doorbell chimes] bravo. Careful, hamill. Daddys not here to save you. Oh i am my daddy. Wait, what . What are you talking about . 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Ruth Bader Ginsburg always fighting for equality. But as we know, not all women, not all people are created equal. The woman just nominated to replace her is in many ways the polar opposite when it comes to womens rights, particularly their roles in society and their right to choose what to do with their bodies. For more, im joined by irin carmon authors of the book quote notorious rbg. When you put their judicial records side by side, what strikes you most . We unfortunately dont have that much of a record to look at as far as Amy Coney Barretts judicial philosophy, but we do have her record as a law professor. And we know she stands for pretty much the opposite of what Justice Ginsburg stood for, and that is Justice Ginsburgs feminism wasnt just about the idea of shattering glass ceilings, but rather allowing a society, creating a society that where every woman could thrive. And part of that in large part was the ability for women to decide when to have children and if to have children via the right to choose whether to carry a pregnancy to term. We know that Amy Coney Barrett is staunchly opposed to that right and would be in fact would be the opposite of Justice Ginsburgs philosophy as to that issue. Irin, it struck me that at that rose garden ceremony, we heard about a lot of different policy issue, but we heard nothing about abortion. Well, you know, its interesting because she did cite Justice Ginsburgs record, and it strikes me so much that not only was Justice Ginsburg a fervent defender of reproductive freedom, whether she defended women who were being coerced to have abortions and a staunch defender of a right to have an abortion. She also made it really clear towards the end of her life that she did not want to be replaced until after the election. And so for Amy Coney Barrett to stand up there to say to honor a debt that she owes to Ruth Bader Ginsburg, while not respecting her wishes to the integrity of the process i thought was really striking. It is substantive and also Birth Control i should say. Justice ginsburg famously dissented, came out against the obama policy that guaranteed equal access to contraception. Part of the debt owed she is talking about is for us as women is our ability to have a job and a family and a mortgage with our name our name on it and a credit card with our name on it is in large part thanks to Justice Ginsberg. So can you sort of tease that out for us, the significance of someone with what seems to be a very opposite framework stepping in to this vacancy . Well, i think its a flattening of her legacy to a certain extent. The idea is not simply that, you know, obviously the line when there are nine women on the Supreme Court, no one ever complained when there were nine men is all well and good, but ultimately Justice Ginsberg believed not just in elite lawyers being able to access institutions but, again, for the ability for women to chart their own destinies. Part of that is about, again, reproductive freedom, reproductive justice. Part of that is the ability to Access Health care. Part is economic justice, ability to participate in our democracy. I started the notorious rbg tumbler the same day that the Supreme Court, the majority gutted the Voting Rights act and Justice Ginsberg dissented 49 fervently in that case. For Amy Coney Barrett to accept this from a president who does not believe in Voting Rights and in fact wants her, as a justice, to rubber stamp whatever challenge he probably intends to bring to whatever the Election Results are is a little bit of a slap in the face to Justice Ginsbergs philosophy. I want to play you some reaction outside of the Supreme Court as President Trump earlier this week, as he paid his respects to Justice Ginsberg. Vote him out. Vote him out. Vote him out. Vote him out. Vote him out. Vote him out. Vote him out. Vote him out. Vote him out. Vote him out. Erin, this replacement, this vacancy comes amid a fraught president ial election. I wonder what you make of the timing and of the fact there is clearly a political calculus around this on both sides of the aisle, right . That you both have republicans understanding that this potentially fires up a portion of their base, some of whom may need to be reconvinced of voting for donald trump and democrats trying to figure out how hard to push back on this nomination. You know, i think it gets back to this question of Justice Ginsbergs legacy. She really believed in the integrity of the court and to see the court use this as a political chit. The Political Legal movement is calling in its favors with President Trump. They are in fact, this is the reason that President Trump was elected. Conservative elites have been waiting for this moment. So i think its really clear that donald trump is able to sort of take the marching orders of the conservative Legal Movement and that the reason theyre rushing this through, whether or not it incentive advises voters the way it did for conservative voters in 2016, they know this would be a bull wart against a democratic president and senate. 63 court is continuing to do Donald Trumps bidding. You talked about the flattening of her legacy. It brought me back to the moment at the rose garden where they were talking about the justices relationship with Justice Scalia and how that would be an example how to lead moving forward. I wonder if there are pieces of that that got lost in the way that it was presented there in the rose garden. Certainly Justice Ginsberg believed in the institution of the Supreme Court and knew that in order to last in that job that she needed to work with her colleagues and that was of course important. She did have a long friendship with Justice Scalia. Its important to think about the fact that Amy Coney Barrett when Justice Scalia passed away, she spoke out about the ability of president obama to appoint his predecessor. She knew that would alter the balance of the Supreme Court. So, of course, its important to Work Together with your colleagues and that is something that Justice Ginsberg believed in, but at the same time she also believed in substantive values and one of the things that Amy Coney Barrett mentioned in her speech was this notion again that the Supreme Court does not make law, it simply interprets law. We know thats simply not the case. Lower courts job is to interpret law. The Supreme Court is, in fact, fundamentally a policy making institution. Erin, before i let you go. We have about 30 seconds left. There is that incredible video of Justice Ginsbergs trainer doing pushups before her casket. I wonder what you can tell us about their relationship. You know, Justice Ginsberg once left dinner with obama at the white house so she wouldnt miss her workout. He called her tough as nails, bryant johnson. They had a really warm relationship. Certainly for me and shawna that got to do the workout with him on msnbc air, it was amazing to see that tribute. They had an amazing relationship. Authors of notorious rbg. Thank you so much. We continue with the nomination of Amy Coney Barrett. What we know about the contentious fight. Just over five weeks until election day. Plus, we go live to louisville as protests are now underway. Demonstrators still calling for justice for Breonna Taylor. Get realtime insights in your customized view of the market. Its smarter Trading Technology for smarter trading decisions. Fidelity. ready to juvederm it . Correct agerelated volume loss in cheeks with Juvederm Voluma xc, add fullness to lips with juvederm ultra xc and smooth moderate to severe lines around the nose and mouth with juvederm xc. 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Well talk about what her past rulings mean. Well bring you to louisville as demonstrators continue to seek justice for Breonna Taylor. This is american voices. Were continuing to bring you coverage of the president s announcement that Amy Coney Barrett is his choice to fill the seat vacated by the death of Justice Ruth Bader ginsberg on the Supreme Court. Barrett has long been a darling of the right for her conservative views on many of the major flashpoint issues currently under debate including guns, womens rights, immigration and health care. This is my third such nomination after Justice Gorsuch and justice kavanaugh, and it is a very proud moment, indeed. The president has asked me to become the ninth justice, and as
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