Transcripts For MSNBCW MSNBC Live With Alex Witt 20180701 :

Transcripts For MSNBCW MSNBC Live With Alex Witt 20180701

Candidates while predicting a vicious fight over his eventual nominee. Senators sounding off about what lies ahead. I would not support a nominee who demonstrated hostility to roe v. Wade. This president is all about overturning precedence. Roe v. Wade in many different ways has been affirmed over the years. Mentime, a call for change. But how far is too far . Will demanding the abolishment of i. C. E. Backfire on democrats . And new reaction from capitol hill amid renewed concerns that whoever gets chose on the replace Justice Kennedy could move to roe v. Wade being overturned. Senator collins met with trump and she says she told the president to broaden his list of 25 candidates, and in a new interview today, says she already knows how she would vote on at least one of them. Some of the people i have not vetted at all at this point. One of them i voted against years ago. I would not support a nominee who demonstrated hostility to roe v. Wade, because that would mean to me that their judicial philosophy did not include a respect for established decisions, established law. And i believe that that is a very important, fundamental tenant of our judicial system, which as chief Justice Roberts says, helps to promote stability and even handedness. And senator graham says this shouldnt be a concern since roe v. Wade is settled law. Heres what he told chuck todd earlier. One of the concepts that means a lot in america is you dont overturn precedent unless theres a good reason. I would toll my pro life friends, you can be pro life and conservative, but you can also believe in starry decisis. Lets go to Kelly Odonnell who joins us from berkeley. Just near where the president is spending the weekend. So what all did the president say about this . Reporter well, the president says he will begin his formal Selection Process tomorrow, and when hes considering a jurist who could be elevated to the high court, hes talked about things like intellect, choosing conservatives. He has a preference for yale or harvard grads, which are well represented on the court. And the has indicated when it comes to roe v. Wade, some of his rhetoric has evolved. So instead of intentionally looking for judges who would be pro life, hes now adopted the more typical president ial approach of not asking specific questions about their views on certain issues. The intent there is to allow a judge to review any facts that would come along when a case went up to that court and to decide it on its face. The president has said that he expects if roe v. Wade were overturned, it could be then decided state by state across the country. Today in an interview, he talked about his choice through the lens of the first pick he made for the court, and the pride he has in neil gorsuch. Im very proud of neil gorsuch. He has been outstanding. His opinions are so well written, so brilliant. And im going to try and do Something Like that, but i dont think im going to be so specific in the questions ill be asking, and im told i shouldnt be. On the campaign trail, you said you would leave it to the states. Maybe some day it will be to the states, you never know. Thats a complex question. The roe v. Wade is probably the one that people are talking about in terms of having an effect. But well see what happens. But it could very well end up with states at some point. Reporter so this is an enormous decision for the president. He has already showed his hand in many ways, providing that list of 25 candidates, senator Susan Collins said today in her conversations with the president , he indicated that he added some additional names for consideration that have not been publicly disclosed as being on that list. And is withittling it down. So far, white house officials have not said if that has happened, only gone so far as to say the president has been working the phones, talking with advisers, including his white House Counsel and the process and the choices for this important pick. Alex . Kelly, thank you for being live in a very hot berkeley heights, new jersey. Thank you very much. Joining me now are my bests. Ladies, a good sunday to you both. Jane, as we heard earlier from senator graham, he said essentially that roe v. Wade is settled law. But it seems that could be a tactic to calm the fears of democrats, because if one case that could reverse roe v. Wade, are the democrats buying this . No, i dont think they are. And certainly that hasnt been the statements that youve seen this morning coming out of democrats. On meet the press, you had a senator talking about how they would really want a 40minute interview of all of these nominees and ask them what they consider to be settled law, and detailed positions on where they might take on particularly roe v. Wade. Its not just democrats that should be worried or should be weighing in here, its the opinions of Susan Collins and Lisa Murkowski, who said they would not want to see a nominee confirmed that is hostile to roe v. Wade. So the tactics of the nominees are going to be very theyre going to have to say look, im not going to discuss anything, which is the Ruth Bader Ginsburg tactic to confirmation, or assuage these senators concerns and say until theres a huge of gamechanging event, that anything should be overturned. Thats a really tough needle to thread in a lot of these interviews, and it has always been the toughest thing to thread. And laura, you heard the president say in that fox business report, he talked about the possibility of roe v. Wade being overturned and the abortion question heading to the states. How do you perceive democratic response to that. I think theyre going to take everything he says with a grain of salt. Throughout the 2016 campaign, he said he would appoint a justice who would overturn roe v. Wade, and that is a crucial element of his winning support from conservatives, evangelical conservatives who might otherwise not be so inclined to vote for a candidate who had been married three times or had allegations that he had groped multiple women and potentially cheated on his wife. So i think democrats are they dont have a lot of leverage here to block anyone. But they should take everything that is said i think they are taking everything thats said with a lot of skepticism. They have to look at it in a big picture and context, indicating what he intended to do on the trail. Your book is called broad influence, how with how women are changing the way america works. We know the president is considering at least in his statement, two female candida candidates. We only know the identity of one. But what does it mean if a female judge is appointed . Well, so theres been a lot of studies in sociology that ends up being 20 to 30 . So right now, women make up three of the nine justices. So you get to four of the nine justices, studies show in that case, youre going see the Supreme Court dynamics begin to change. So when you only have when you have less than Critical Mass, you dont see the male justices listening to the female justices, and you certainly saw Ruth Bader Ginsburg complain about that a lot before she was joined by the other two women. When you get four, thats a big tipping point. Again, let me underline, it doesnt matter what your leanings are, whether youre conservative or liberal. But having four women on the court does begin to change the dynamics of the court. That means that you start to see the court deliberate very differently. You see the court take into consideration different kinds of cases. This is, again, based on studies that have seen these courts come to the Critical Mass and tip over that gender there sharesho. And they were influentialinfluet would be interesting if donald trump did nominate a woman to the court. Because just in deliberations and discussions, having those opinions there would change the court dynamic with the other five men. Lets look at what the president has been doing this weekend. Hes called hes reacted to other calls by democrats to abolish i. C. E. Heres what he said about it. Take a listen. A socialist just beat out congressman crowley, and says afw abolish i. C. E. I hope they keep thinking about it, because theyre going to get so beaten badly. Theyre seriously talk about that, because they want to have a country thats crime ridden, the Border Patrol agents, i. C. E. , these people are incredible. Is this a losing argument potentially for the democrats . We want to add to those calling for the abolishment of i. C. E. , even mayor de blasio has suggested it. Nonetheless, overall, the argument for democrats, winning or not . First of all, its very interesting calling for getting rid of a government agency. Theyre so often painted as or calling for the expansion of government. Right. But in the sense that its a pithy, short phrase that democrats can get behind that doesnt require a lot of explanation until you start to think about it. To that extent, and im in this particular moment when people are so saying so much attention to whats happening at the border, it seems like right now its a potentially winning argument. The question is, what happens next . What does happen after you abolish i. C. E. . Do you replace it with something . Do you and if democrats were able to abolish it, that would mean that they were in power and couldnt they just reform it . And not have to get rid of it . But those questions really havent come up yet. So for the moment, it is a quick thing that they seem to be able to rally everyone behind. Can i ask you also very quickly as we heard in that interview clip about the 28yearold socialist, alexandria cortez or ocasiocortez. Referencing her, how much is i guess getting some concern for conservative democrats, traditional democrats, because that is a left leaning label. Laura . Well, she was endorsed by the democratic socialists of america, but its important to point out that there wasnt that much of a policy difference between her and her challenger. I think he clarified in remarks that she made on meet the press just this morning that when she thinks of socialism, her particular brand, shes talking about universal and affordal health care. Shes talking about free college. Shes talking about affordable housing. These are things that democrats are already behind. Joe crowley, whom she beat, endorsed medicare for all. And there are policies like medicare that are popular with republicans and democrats, and those are if you really think about it, theyre socialist policies. So i think the argument for democrats and the strategy is to avoid being painted with the label or receiving the endorsement maybe while still advocating for the policies that they have been advocating for. Very quickly, do you want to chime in on this . I think its taking a page from Donald Trumps rhetoric where he would come up from these grand sweeping ideas and have no idea how to implement them. But it was the idea that would catch fire, make an interesting pop. You see a lot of candidates this cycle, particularly democrats on the far left, using that hyperbolic rhetoric, saying lets abolish i. C. E. Or block Donald Trumps Supreme Court for the next four years. Its sort of looking to capture a more populist sentiment and bombastic sentiment. And that language very much reflects the culture and the sort of time that we have right now. Which is to be very hyperbolic and very partisan. Thats very true. Laid yis, thank you so much. Coming up next, a former clerk under Justice Kennedy weighs in on the timing of the announcement. Healthier pet in 28 days. Purina one. Natural ingredients, plus vitamins and minerals in powerful combinations. For radiant coats, sparkling eyes, and vibrant energy. Purina one. 28 days. One visibly healthy pet. Can be a big bad problem that you could spread to. 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I believe that that is a very important, fundamental tenant of our judicial system, which as chief Justice Roberts says, helps to promote stability and even handedness. That senator Susan Collins, whose vote could be the deciding factor to replace jus dce justi kennedy. Joining me now, a former clerk for Justice Kennedy, justin walker. So a becoig welcome to you. Lets talk about the president s first Supreme Court pick, neil gorsuch, also clerking for Justice Kennedy. There are some reports that this could have factored into kennedys decision to retire. Do you get any sense that that was a factor . And if that would be a factor, how, why, kind of explain the thinking there. Sure. Im happy to. Thanks for having me. I think Justice Kennedy has a very close, great relationship with his former clerks, including justice gorsuch. So he must have been extremely proud to see one of his former clerks become a Supreme Court justice. I remember in chambers, Justice Kennedy would tell stories about clerks who had come before and what they were doing now, what their kids were doing now. One of my favorite things i remember him saying is he used to talk about one of his former clerks, Brett Cavanaugh, who was my boss, who said, brett was always working hard. I would say go home, brett, its too late. You have to have a life outside of work. He told that story a lot of times about judge cavanaugh. Correct me if im wrong, i believe this is the first time a sitting Supreme Court judge has had one of his or her clerks appointed, serving together. Thats right. Chief Justice Rehnquist would have served with john roberts had he replaced oconnor. But the chief passed away and john roberts assumed his seat. So why do you think he is retiring to you . You may have a sense of this overall thinking that he has. Everybody recognizes the implications of his retiring. Now were talking about it. Can you lend some insight into the timing . Well, you know what . I havent spoken to him about this and i cant read Justice Kennedys mind. But he must have been pleased with the gorsuch nomination. As you know, several of the candidates on Donald Trumps very short list are also former kennedy clerks. And so i think Justice Kennedy has reason to feel confident that his legacy will not be thrown out the window by his replacement. But as much, justin, as the Supreme Court justices are individuals, theyre also a group together. And im just thinking realistically would Justice Kennedy have spoken with jus disRuth Bader Ginsburg . Justice kennedy turns 82 late they are month. Justice ginsburg is 85 in march. Was there any implications, where he says im thinking about going now, what about you . You know what im talking about here. Would they communicate about that . Im sure they talk about a lot of things, but im not sure they have had that conversation. Justice ginsburg has made it clear shes not going anywhere any time soon. You know, part of Justice Kennedys legacy is that he has upheld roe v. Wade, right . He was a vote in one of the joint alters of the plurality in casey. How much pride do you believe he takes in that . You were one of his clerks, what did he speak about in that regard, if at all . We didnt talk about that case in chambers possibly because we didnt have an Abortion Case in the term that i was clerking. One of the things that i think about when i think about his legacy there is that its so much broader legacy than one opinion. And the next justice will affect so many other issues than just abortion. The precedent that comes to mind is something that Richard Nixon did. He was almost obsessed with law and order and criminal procedure. So he made sure that every justice was appointed on law and order. But that tunnel vision led him to appoint justices that werent conservative on a whole host of issues. I dont think donald trump is going to focus on just one issue. Every justice has respect for starry desi every justice has respect for starry desseaecisidecisis, and k at every issue. Will this justice stand firm for principle conservatives and does the next justice have a long warriorlike record of not going wobbly, unwavering opinions that stand true to their conservative principles. Justin, i respect everything you just said, but you cant deny roe v. Wade is among the most controversial issues in this country. The president referred to in that clip with that interview on fox business. So my question is, Justice Kennedy retiring, if roe v. Wade is overturned and he casts his vote to support its existence, how does that shape his legacy, given that this is one of the most talked about and controversial and personal issues in this country, how might he feel about that . You know, i really just think its so impossible to know what a future justice will do i

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