Reading it properly. Again, im concerned that the democrats put him. They should choose somebody else m concerned about the decision. Back in february of this year Senate Majority leader Mitch Mcconnell went on fox newss special report and was asked if he would hold the scotu s seat open if a vacancy happened before the november election and was asked about his decision to block judge Merrick Garland back in 2016 and that position came open while president obama was in his last year of office. Here is what Mitch Mcconnell said. If a Supreme Court seat were to open up, you hold that seat open like you did for mary garland Merrick Garland . Let me remind you of what i said in 2016. I said you have to go back to the 1880s find the last time a vacancy on the Supreme Court occurring during a president ial Election Year was confirmed by a senate of a Different Party than the president. That was the situation in 2016. That would not be the situation in 2020. I am not aware of any vacancy, but if you are asking me a hypothetical of whether this Republican Senate would confirm a member of the Supreme Court, we would fill it. Wouldnt you hear howls . I would, but all but i also would remind you, the senate as of the same party as the president of the United States. And in that situation, we would confirm. Host lets talk about what is going on in the Senate Immediately after the death of Justice Ginsburg. To hold a conversation youre bringing on sack , the senate zack cohen, the senate report. First, it is a sense of loss. There are dozens and dozens of responses, especially from the senate last night, from lawmakers remembering Justice Ginsburg as a trailblazer, as somebody who made a huge impact. Been buried yet and immediately the attention turned not just in this conversation, but on capitol hill to who would replace her. And Mitch Mcconnell has confirmed that he would have a vote on President Trumps nominee. We expect that selection in the coming days. That will be a partisan battle. We expect most republicans would vote for an eventual nominee, and most democrats to oppose, wishg ginsbergs dying that her seat to be held open. Host are there any republicans in the senate that seem unwilling to move ahead with this senate vote now . Or are all of the republicans agreeing with what Senate Majority leader mcconnell said and are ready to move forward . Guest there are republicans backing Mitch Mcconnells decision. She has said they should hold a vote on President Trumps nominee, but then there are a number of key factors here, and number of key senators who have expressed doubt about that in the past. None since Justice Ginsburgs death, but senator Susan Collins has said in the past the idea of appointing or confirming a new justice during an Election Year,. Iting the example of garland senator Lisa Murkowski has made similar comments. Lindsey graham, who is also up for reelection setback in 2018 that they should not be holding any confirmation hearings for Supreme Court justice in an Election Year. Senator mitt romney is another name to watch. He hasnt weighed in on this particular question, what could also be a pivotal vote. Leader mcconnell has a lot of power, but it does require the votes. If he has enough members opposed to the idea of moving forward, it would be difficult to do so. Host what is the actual timeline . How long does it take to get a Supreme Court nominee through the senate . And what is the latest, what is the final deadline senator mcconnell has to get a Supreme Court nominee through and on the bench . More if joe biden wins, likely than not a Democratic Senate would also be the majority come january. That sets up two key deadlines. The first is the election itself, which is ongoing. People are voting in the battleground states right now. They should think of the election as ongoing. , typically justices are confirmed somewhere in 4060 days. Are there is certainly time to confirm somebody. The congress is scheduled to go out of session and recess for the october traditional recess lawmakers would spend campaigning. Wouldthat the Senate Return for november and december for a number of weeks and would be able to take up a nomination. Either holding hearings, then have a floor vote. This is also something that can happen in the next 80 days. Justice kavanaugh was confirmed in about 88 days. There is time to get this done before the end of the year, however if mcconnell were to lose his majority, most likely it would shrink in the a lameduck session. There is a couple of more weeks host . Lets talk about the host lets talk about the current split in the senate. Can democrats do anything to slow or possibly stop a new Supreme Court nomination being voted on on the floor of the senate . Guest democrats have a number of tools to slow the confirmation. They dont have many tools to stop one. That would require the cooperation of a number of republicans. Republicans controlled the 5347. By vote of in the event of a tie Vice President pence with brick that tie. Those of the numbers they got to be looking at. There are a number of procedural tactics built into the rules of the Judiciary Committee that can force delays. It is something they typically do with the pallet and district judicial nominees. There are ways they can slow this process down. Whether they can slow it enough that it could not get done in time for the january 20 inauguration is a different matter. Host we know this will be a huge issue in the president ial election. How will this upcoming nomination fight factor into the election of senators, several of whom like Lindsey Graham, Susan Collins are on the ballot right now. Guest Susan Collins is the most obvious example of this. This is someone who voted to confirm Justice Kavanaugh and it immediately engendered backlash in her home state. Senator collins has been reelected easily in her previous terms, but this is one of her most difficult yet. She is april abortion rights republican. Prochoice, but democrats used that would be one race to watch. You also have Lindsey Graham in south carolina. His challenger, jamie harrison, has been raising boatloads of money. Im sure there would be a lot of interest in his race as well this fall as Lindsey Graham takes a key role in the confirmation of any potential pick to replace Justice Ginsburg. Mccall himself is also up for reelection against amy mcgrath. That could also attract a lot of outside attention, a lot of outside money. Other states to watch colorado and north carolina, you have one herbal incumbents. You have a number of key races in georgia. The republicans are in a very vulnerable position in their map this year. This election could give conservatives a chance to use their turnout among social conservatives as trump did in 2016, but it could also give democrats the same opportunity on the left. Both have an opportunity to turnout their base. The question is, which side manages to do it better . Host does it put senators in an awkward position of having to choose to either be in washington to oversee a confirmation hearing or be back in their home states and campaign for their jobs . Is there any way they can do both at the same time or will they have to choose to either campaign or govern . Guest its a good question. I think this year is slightly different. The senate is supposed to be in for another two weeks before they go home. A lot of campaigning is being done remotely during the pandemic. Retail politics has changed since the coronavirus landed on our shores this year. Well have to see how senators are able to juggle those competing responsibilities. That being said, it is not unheard of to come back to washington for a boat with 24 hours notice or to go home on weekends to campaign and come back to hearings and come back for committee work. There are ways to juggle that question, there are a couple of senators on the proposed list that we have seen coming out of the white house for a possible pick. Has thewe hearing inside track from President Trump, and are any senators on that inside track . Guest what i have heard from at least one person is that the likelihood of a senator being picked is rather small, more likely than not President Trump will go to the federal bench and people he of all he has already gotten concerned confirmed. Ho is another appellate judge. And then another was confirmed recently to a spot in florida. There are many conservative jurists with good legal bona fides that trump can pick from. He will consider naming people cotton, andz, tom mike lee, some of them are on the senate Judiciary Committee who support the need for a potential pick for a Supreme Court nomination, however, half of them said they are not interested, and the likelihood of a senator being picked is small. There has not been a senator or former senator to make the jump from the senate to the Supreme Court since the truman administration. There is not a lot for that. Host we would like to thank zach cohen for being with us and walking us through what the senate is thinking on the death of Justice Ruth Bader ginsburg. Thank you so much. Toe again, we would like remind you that we are doing the show today on the life and legacy of Justice Ruth Bader ginsburg who died friday at age 87 and at her home here in washington, d. C. We want to know what you think about justice ruth gaidar Ruth Bader Ginsburg and her life and legacy. We are opening regional lines. Eastern and central time zone, 2027488000. Mountain and pacific, 2027488001. Once again, we are dedicating the show to what you think about the life and legacy of Ruth Bader Ginsburg. Let us go back to our phone lines and talk to bill from pennsylvania. Good morning. Caller good morning. I have to first say that you as a host have done a phenomenal job. The questions you just asked mr. Cohen were right on the money and you took some of my thunder. I congratulate you on the job that you have done. Let us separate the personal from the political. Of course, i am sorry that this woman has passed and my condolences to her family. Was a political side, she justice appointed by bill clinton, so her legacy belongs to his presidency. I think that she did break ground as a woman. So let us compare her to kamala harris, who is also breaking ground as a woman, and i think mrs. Ginsberg, although she broke ground, she ended up on the wrong side of the decisions that the Supreme Court made. Also, she stayed in her seat until 87 years. I think we should compare that to where joe biden is after 47 years in the senate. On forems to be Holding Political power for political reasons. The desiree to have to serve, but we have to ask our they fit to serve, do we have a systemic problem that we allow justices to stay in their seats without any oversight or authority on their fitness . Thatfinally, i would say it is sad to see someone pass, but we have to remind ourselves that jesus said i am the resurrection and the light, and he who believes in me, though he dies, yet cell shall he live. Death is something that we have to look like through those back vectors, so ihose believe that death is hard to endure, that it is opening from another but it is the opening of another door. Host jd from cleveland, tennessee. Caller first of all, my condolences to the family. I am truly amazed at how the floodgates of partisanship have burst open rather than the floodgates of compassion. This woman has not been dead for more than 24 hours and we already have people from both sides or mostly republicans saying and making comments and judgments based upon their political views rather than, as a gentleman before me quoting the scriptures and not recognizing that his statements were not go along with the police of the beliefs of christ himself. It blows my mind that we cannot take a moment of 48 hours the morn this woman mourn this womans death before we talk about partisanship. Being a hypocrite when you say it is ok to replace someone now, but before when president obama was in, it was not ok to do it. It does not matter whether the senate is republican or democrat, it is one country. Host leah lee from three oaks michigan, morning. Caller good morning. I have enjoyed listening to the program thus far, although it is sad and regrettable news. I too recently lost someone to a cancer battle, and my heart goes out to the other justices who might be affected by Justice Ginsburgs death. I wanted to say that i think it is wonderful that you have included footage of Justice Ginsburg talking about purpose and aptitude, and that she included and spoken away about community that involves including yourself. I think it might be possible that she also was referring to the Justice Community when she said do something for your community. Similar to the previous caller, i should say that those statements apply to anybody who is currently affected by political divide or of a minority status, and i would like to remember that Justice Ginsburg thought for minorities including women and children, and people affected by racial or political divide, and thank you for taking my call. Host keith from ohio. Good morning. Caller good morning. I just want to say, my condolences to Justice Ginsburgs family. You know, to me, i do not think it is right for any president , if they are human, they should wait until after the presidency nomination is filled. You know, because this should not even have anything to do with the presidency. Ofis not political, because her passing. It should not this is just wrong. Her passing, they are going to make it a political situation. Her seatnot think that should have anything to do with the Political Part of it. Host let us talk a little bit about Justice Ginsburgs time on the court. During her tenure, ruth bader opinions,uthored 232 112 can can concurrences and 132 dissents during her time. She included 20 concurrences in part. Let us talk about a few of her high profile decisions. 1996, in the United States versus virginia, she authored the 71 landmark ruling that and policy athe mail only Virginia Military institute. L. C. 99, in olmstead versus she made it unlawful to segregate people with disabilities and Mental Health issues to hospitals or institutional settings versus communitybased ones. The following year in the friends of the earth versus laidlaw environmental services, she wrote the 72 decision where forsaid that people can sue pollution violations, even after the company has stopped polluting. Those are a few of the major decisions that were authored by Justice Ruth Bader ginsburg during her time on the Supreme Court. Spoke atice ginsburg Stanford University in 2017 on the importance of civility. Heres what she said during that visit. [video clip] andhe opera about you Justice Scalia, and that is part of the importance you give to collegiality, and you talk a lot about in the ways in which you and your colleagues in the court are very collegial, you she you shake hands and eat meals together. How do you think we can expand that to a broader civil and Public Discourse . When i was growing up, the first branch was very different than it is today. , and i thinkisted back to 1993 when the president , clinton, nominated me with a good job i now hold. Been general counsel to American Civil Liberties union wasseveral years, the vote 963 in my favor. My biggest supporter on the do jesse Area CommitteeJudiciary Committee was not senator biden, although he was certainly in my favor, but it was orrin hatch. I think today he would not touch me with a 10 foot pole. [laughter] friends, we are still but if it came to a vote on me, i do not think he would be the supporter that he was in 1993. And it was stamina similar with Steven Bryant when he was nominated next year. It was well into the 90s, the vote in his favor. It has not been that way for the foremost reason recent members of the court. And on both