The longer deeper history housings men in the United States not just that question of the American Dream but the bigger question of who the dream is for. The impact of the upcoming fight for the Supreme Court on the 2020 alexion on the surface of politics. What on the politicking on larry king confirmation of a 3rd trump nominated supreme god justice looks virtually certain the in baghdad on the 2020 election as a highly politicized question mark and well get one on one perspective from 2 men who come from very different partisan camps but who share experience working in the senate will begin with david brown democratic strategist former majority counsel to democratic senator patty murray on 2 congressional committees and he is in washington ok to get right to it David Mcconnell said hell have a vote on the nominee really havent before election day. I think hes going to do everything he can to push it through before election day it is i think the stakes larry are incredibly high and fraught for the republicans if they went after the election when you know that only speak believe doll trouble be a losing president and Senate Republicans will have lost their majority in the senate but the reality is this is a this is a dangerous political calculus for the majority leader because what hes really doing fundamentally is pushing through Political Force a nominee whoever that person is who is deeply unpopular with the American People 60 percent of americans including nearly half of republicans hope want the next president not this president but the next president to be the one who gets to decide who will replace wrist on the Supreme Court and so its a deeply unpopular thing in this because doing it on in only the states yourself because any of the cast or Donald Trumps nominee is a vote to overturn the Affordable Care act and its a vote when it protections for preexisting conditions at a time when the endemic and weve got over 200000. 00 americans who have lost their lives in the states just couldnt be higher. The thought in some circles that ok biden wins election the democrats take control of the sand and they increase the Supreme Court to 12. And 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 but 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 concede 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 gets 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 ardency justice to the Supreme Court right now i do you looking at what Mitch Mcconnells doing weaponized this this 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. Not much probably in this current in his current role and hes got that i think he probably was just as far away from from this political talk i see 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 yet it would be a calamity and that the American People will have spoken in november they will have decided 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 d we want joe biden as our president and we want democrats to happen in short 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 the liberal definition of a 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 tara to the heart of the fabric you know its in a sea of the Supreme Court but it will do extraordinary damage to the institution the senate i think Mitch Mcconnell might be 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 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 this and 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 with him now just as 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 litmus tests if you look at the course of her academic writings and as well as jurisprudence shes just signal very clearly that 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 repeal and 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 meeting 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 before 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 and its a good 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 you expect an election result november 3rd. Now you know i want to know the modeling on this and there are very few sonority us that actually get us where to an election result on our november 3rd really barring a hulloa by some of us 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 of 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 that 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 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 dont think that if joe biden selected on a number 3rd he would be president and donald trump needs to understand his place mr respect his office enough to know that if you lose the race you missed the ballot race rather than try to contested and drop out and will gay sure 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 winning all the battleground states she polls and when you compare where he was even compared to former secretary clinton were she was in 2016 joe is ahead and hes really you know hes nearing that magic marker 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 try to define the selection you try to find in terms of socialism one or all of these things are failing because 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 give 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 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 those thank you very good to see you well well have more politicking after the break. The end. The pandemic no certainly no borders and is blind to nationalities. Has emerged we dont have a turkey we dont have the facts in the whole world peace to be ready to. Judge and. Come in every crisis at least this time to time so we can do better we should. Everyone is contributing to each of our own way but we also know that this crisis will not go on forever the challenges create the response has been masked so many good people are helping us. It makes us feel very proud that we are in it together. Actually its very Interesting Times imposed upon them because the truth is theres no way its the largest social experiment ever done. No good in that number so now you Condition One is that people become more reflective and say what kind of relief. That let us say how does that tell us ill. Take a look i want to look at what why did i do you know. How could. You cope but theyre here are some friends that the us are still stuck at the still feel whole thing to do something to see. Which for sure stores and. They have it out that thats ok ill add a cell phone and i was able at the moment that you know what happened. I. Welcome back to politicking continuing the conversation now with alex vogel he served as chief counsel to Senate Majority leader bill frist former general counsel for the National Republican Senatorial Committee and he is in northern virginia. Alex it now appears republicans have the molds 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 trouble to me 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 really 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 the best way the only election it was 9 months away and now they rush this through you dont see any of their i dont because i actually didnt 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 the senate was held by the other party from the president it is not terribly shocking 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. The concern and i think a lot of the issues that have played a Supreme Court nominations in particular what happened with Justice Cavanaugh play into this dynamic and are unfortunate. But doesnt the senator from South Carolina to particularly 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 garland and persuasion 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 could lead to other things this could 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 storage 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 or all horses way they certainly agreement 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 the constitution the court is not supposed to be a political body bending to the popular whims of the people just as the senate is designed to put a little distance in between the people and their representatives compared to the house the Supreme Court all courts or at least theoretically supposed to be a step further than that again their mission is not to follow popular opinion their mission is to follow the constitution of the United States and interpret whether there are laws that are passed or other regulatory events in line with those rights and privileges assured by the constitution. Im suppose the election is held. And biden wins and the democrats when the cement ship much camo asks for the approval of the new justices in a lame duck session absolutely the fact that its a lame duck is reflective of the calendar and the fact that some of these folks will be departing shortly they dont lose their power to to finish their constitutionally authorized and mandated x. I do think if this vacancy had occurred after the election and the other party had won i dont see a lot of scenarios whereby a nominee could get through start to finish in the lame duck but were not in the lame duck its september elections not until november. The timeline works fine for processing this nomination vi regular order do you see any downside for republicans if they go ahead with filling this. There are certainly those who have pointed to things like Justice Ginsburgs. Apparent last wishes to be democrat appoint her replacement. With all due respect her last wishes are not the driver for this conversation nor any justices wishes about what should happen viz of the their seat relevant to the process i think that the larger risk frankly im maginnis an area where President Trump waited to appoint someone and then didnt win and then didnt have that opportunity to fill the seat. Look obviously the fates decide when these vacancies become available not politics and these are the cards that have been dealt given the extremely high tension right now because were about to have a president ial election its certainly more dramatic and some of that is ramped up but i really dont think the president and the members of the senate have a choice but to proceed to fill the vacancy and his we dont know the name it looks like gaming baron is that what you hear and i have certainly heard her name a lot there are others that ive heard on that short list but all indications are that ive seen it maybe a shortlist of one at this point trump says he needs 9 justices to be seated so they can rule on things like mail and ballots is that and put me. Isnt that a slight reason. Well we need 9 justices because there are supposed to be 9 justices in the Court Whether or not theyre going to hear cases involving mail in ballots or anything related to the election is really irrelevant im sure thats top of mind for President Trump when he thinks about potential court cases but the reality is we need 9 justices to resolve all these issues not just those that might relate to the election. Alex colettes go to the places how does the election look to you. And i think its very tight i think the tightening that started in july and went to the conventions is only continued i saw some polling today that President Trump for the 1st time in recent polling history is affirmatively a lot of the swing states are a lot closer than the Biden Campaign would like pennsylvania comes to mind vice President Biden scranton joes a partial home state is pretty close i think we are going to be up very late on Election Night and beyond i also think just like this nomination has thrown the political world asunder i think there is ample time in the next 40 plus days for more surprises and if 20 twentieths taught us anything is that there will be lots more do you a feel as many do on both sides of people on election day that we wont have a result that day. I am concerned about a clear result. I was involved in the 2000 recount process in florida and one of the really unfortunate consequences of that was a fairly dramatic break the American People had where they begin to distrust a lot of the mechanics of our democracy and while im not adverse to staying up as late as i need to and if some of these states go into after hours so to speak so be it i think the American Public is patient in that regard but a protracted even a couple of days legal fight that determines the outcome of the election i would not be ideal and i think may do further damage to our confidence. Alex thanks for your time today as always thanks larry enjoyed it and thank you for joining us on this edition of politicking remember you can join the conversation on my Facebook Page or tweet me at kings things and dont forget to use the politic hash tag and thats all for this edition of politic. He said. Just that. Theres enough. But im also the most companies you know. When i. Come pick it almost home pianist you know he goes from didnt you know its risky to say hes just putting you through a coke. Machine. You kind of this. Little kid is he. Always stay in the in the clip that he comes to your list. So you know men because he. Actually is very Interesting Times because of the phone then because interest theres no way its the largest social experiment and i dont. Know if. Thats the numbers tonight if you Condition One is there people become more reflective and say what kind of relief. Headline stories this hour a french president. Called the beheading of a teacher in. This terror suspect police. Washington rejects russias proposal to extend a Major Nuclear arms treaty between the 2 nations due to expire next year. Also with coronavirus numbers. From earlier this year curfews. Being reimposed your. Preelection say in the us republicans
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