Transcripts For CNNW CNN Tonight With Don Lemon 20180628 : v

Honored that Justice Anthony kennedy chose to retire during his term. Justice anthony kennedy, a very special guy, also Just Announced a little while ago his retirement from the United States Supreme Court. Great man. And im very honored that he chose to do it during my term in office, because he felt confident in me to make the right choice and carry on his great legacy, thats why he did it. So, lets talk more about Justice Kennedy. He was chosen by president reagan, he joined the court 30 years ago. Hes been a pivotal swing vote every since. Voting will be waved to legalize samesex marriage. More often this term, including upholding the president s travel ban. Now, President Trump has a chance to fill the vacancy with someone much more conservative. Democrats are demanding the vacancy not be filled until after the midterms. Heres the reality, theres not a lot that they can do, elections have consequences. Especially, the last president ial election, lets look at it. 30,000 people in three states decided the course of american history. Think about that, 80,000 people in three states in a country of millions decided the course of american history. 10,000 votes in michigan, goes the other way. The Supreme Court would look very different over the course of the next 20 or 30 years or longer. They didnt. President trump won the Electoral College while losing the popular vote. Thats the whole enwhich i la da, and he gets his second pick. We have a list of talented, highly educated, highly sl intelligent, tremendous people. Elections have consequences. Today, those kons questionings are becoming clear. What Supreme Court does will change this country for years and years and years to come, its already begun. In this court, the court has upheld the president s travel ban against seven countries, countries, most of them, muslim majority. Sided with a baker who refused to make a wedding cake for a gay couple. Undermined labor unions, affirmed in ohio law that perjure citizens from voting role that affects minorities. Discriminated against latinos. And a rule that california cannot apply pregty centers to give women truthful information about their medical conditions. Elections have consequences. So, what can we expect if President Trump gets another conservative justice on the court . There will likely be more cases of Business Owners claiming religious freedom to refuse to serve gay people. The court can be more likely to rejessica challenges to the death penalty. And campus affirmative action programs could be on the chopping block. That may very well be where america is headed right now. Just last night on this show, we nailed it. It has been three years since Supreme Court ruling that established the right of gay people to get married. Little did we know how much things could change, now that the man who wrote that opinion is accepting down. Leaving his replacement in the hands of President Trump. I want you to listen to this quote, its from the last paragraph of the ruling by Justice Anthony kennedy. Here it is, quote, it would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find the fulfillment of it themselves. Their hope is not to live in loneliness, they ask for equal dignity in the eyes of the law. The constitution grants them that right. Justice kennedy, stepping down now. Now, i want to bring in cnns chief analyst corey, analyst ryan and kevin russell. Good evening to all of you. Good to see you. Gloria, it has been a very interesting day. I want to play more from President Trump tonight. He is thrilled about this retirement from Justice Kennedy. The travel ban ruling underscoring just how critical it is to confirm judges who will support our constitution. And remember this, so we have a pick to come up, we have to pick a great one. We have to pick one thats going to be there for 40 years, 45 years. We neat intellect, we need so many thing to go. Theres so many elements go into the making of great justice of the Supreme Court, you got to hit every one of them. So gloria the president has had a huge win for his travel ban and he knows it. This is a huge victory for the president. This is going to be one of the most consequential decisions of his presidency. What it is going to do, is set a huge par of his legacy, and it is going to determine, and it could determine the directions of the Supreme Court for generations. This is no small decision here, and what he is facing is a republican congress, a republican senate. He only needs 5 1 votes. We know the list of nominees, their very very conservative. And the democrats are facing an uphill battle here because they dont have the filibuster available to them. This is a moment for donald trump where he will be able to really seme meant a legacy with one decision. Its a very good day for him. Kevin, kennedys an conservative, but he was also the swing vote on very key issues. Gay rights, abortion, the death penalty, is the idea of a swing vote, are those days over . Are they gone . Therell always be somebody who has to cast the well finally have a Roberts Court that is in fact controlled largely by chief justice robs and hes more conservative than Justice Kennedy. I think well be calling him this one justice. Renato, kennedys replacement further to the right, right . No question. All of the picks on trumps list are very much to the right of the middle of the court now. Those picks were very carefully vetted by the federal society which is the sort of conservative legal group. That is what led many conservatoriv conservators to support donald trump. This is one issue that conservators care a lot about and he is committed to choosing somebody that is pretty far on the right. He moved the court to the right with a gorsuch pick, and now again, he is going to move it further to the right. I agree with the nal sis a moment ago. He is much further to the right before i move on, ryan, what can we expect . I read off some thing in the open there. Everyone is talking about marriage equality, is row v. Wade gone . Whats in play . Whose that for . Renato. I think its gone. I would be very surprised. I think theres no question no real question that justice a lee the question now is and gorsuch will be in the same the question is lot chief justice, im sure the new justice would overreturn row versus wade. At time the chief Justice Roberts has occasional been cautious being making bold steps from the bench. Thats thats a lot to rely on, hes a very conservative jurist. All right, ryan, is the court becoming as polarized of a country . I think in some ways. I think if you read the immigration decision, what struck me about that decision was that the five justices and the majority basically explained away, or ignored all of Donald Trumps statements about antimuslim bias and said, if you just read the order, it survives constitutional strut scrutiny. Whereas the four liberals on the court said wait a second. This is the most important thing, the history animus towards hmuslims is the key driving factor. A lot of republicans waive away or explain away some of the more provocative and frankly racist statements of the president. Whereas for democrats that is what is essential front in center. We got our first taste this week with that decision on immigration, of how the court mirrors the larger body politic when it comes to the trump era. Democrats are really, they feel burned, they are fuming because they you know theyre looking back to what Mitch Mcconnell did, he wouldnt have allowed that to go through president obamas nominee. But also, this president could end up filling another seat as well. Thats ruth, 85 years old. Shes not getting any younger, he may have three picks here and democrats are not happy about that. Look, the democrats realize that they dont have any leverage anymore because now they dont have a filibuster anymore, that was done away with. But, they have to fight, because they have to fight because these are issues that are really important to them. These are issues that are important to their base, to their party. The Democratic Party now, you could argue is driven by women. If row v. Wade becomes the issue, this will gavelnize democrats. What theyve got to do now, they have a touch job is theyre going to fight this. Theyre going to have to corral 49 democrats to zero against whoever the nominees is. Thats not easy because there are ten democrats up for reelection in red states that trump won. So, you could lose a bunch of those. You have to hope that whomever trump nominates is so objectionable, that lisa or Susan Collins, who are prochoice republican women, that they might oppose this nominee,in though both of them voted for neal gorsuch. This is a huge uphill battle for them. It is going to be bitter and hard fought because the stakes are so high for both parties. Both parties will be gavelnized by this fight. We have a lot more to discuss. Stick around. When we come back theres one democrat that President Trump likes so much he asked her twice to join the gop. Shes an example of the problem zplts are going have to fight this battle. Thats next. Were listening to what matters most to you. And were committed to improving every ride. Starting with features designed to make it easy for your driver to find you. Taking the stress out of pickups. Were putting safety at the heart of everything we do. By making it easy to verify your car, and driver. Uber has new leadership, a new vision, and is moving in a new direction. Forward if you have moderate to severe or psoriatic arthritis, Little Things can be a big deal. Thats why theres otezla. Otezla is not an injection or a cream. Its a pill that treats differently. For psoriasis, 75 clearer skin is achievable with reduced redness, thickness, and scaliness of plaques. And for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. And the otezla prescribing information has no requirement for routine lab monitoring. Dont use if youre allergic to otezla. Otezla may cause severe diarrhea, nausea, or vomiting. Tell your doctor if these occur. Otezla is associated with an increased risk of depression. Tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. Some people taking otezla reported weight loss. Your doctor should monitor your weight and may stop treatment. Other side effects include upper respiratory tract infection and headache. Tell your doctor about all the medicines you take and if youre pregnant or planning to be. Otezla. Show more of you. Hey, im curious about your Social Security alerts. Oh just sign up online and well alert you if we find your Social Security number on any one of thousands of risky sites. That sounds super helpful. How much is it . Well, if you have a discover card, its free. No way yes way we just think its important for you to be in the know. All right hey. Ewww everything ok . Being in the know is very good. Yeah, it is. Ooo dont shake dont shake ahhh know if your Social Security number is found on risky sites. Free from discover. The president says hes going to puck a replacement for Justice Anthony kennedy as quickly as possible. Democrats demanding the vacancy not be filled until after midterms, but they dont have any wager here. Back with me, the panel. Kevin, i want to ask you, if you look at this graphic, you see the impact that former president s since reagan have had on the court, most of them too except for bush. This president could have as much impact on the court in its first two years as these other president s had in their full terms. Thats exactly right. And he could as was mentioned earlier end up getting three appointments, which would change the potential of the court potentially for a generation. Who could we see replace kennedy . It depends on part how big and open a fight he wants to have about abortion. If we wants to appeal to his base, hell pick Something Like judge carr, its called roe versus wade. If he doesnt want to have that fight, he could pick judge hartman, who doesnt have that record on abortion, but is a solid conservative and i think we have an easy time getting confirmed. Or somebody like judge kevin on the d. C. Circuit who has support of the chamber of commerce and Federalist Society wing of the Republican Party because hes a young energetic people think is a solid over roe but doesnt have that track record. Lets talk about the timeline. Justice kennedy says his retirement is effective july 31st. What is the timeline . Trump is going to nominate someone. How long could this end up taking . Very quickly. Hes been prepared for this, the White House Counsels Office has been prepared for this. Remember, as far back as the election they put together a list of 20 names, right. Most president s who are suddenly faced with a vacancy in the Supreme Court, theyre not necessarily starting from scratch but a huge universe of names. Federal judges, politicians, they do a lot of blue sky thinking about it. Theyre not doing that at the white house. Trump said today it will come from that list of, i guess now 24 people. And so, they have it narrowed down. They have been prepared for possibility that kennedy would retire at the end of this term, everyone knew that was a possibility. So, i think and theyve gone through the process once before, so theyve interviewed some of these judges that are on that list. So, i think they will move very very quickly. I think its probably in the interest of the Republican Party to do this before the midterm elections. Because donald trump and other republicans want to be able to go into those midterms saying, we didnt just do tax reform, we dont have a just a great economy but we deliver on the promise of two Supreme Court justices, thats a serious record. That will get a lot of conservatives to the polls. I expect this to happen fast. Gloria, one of things was for democrats, they were Going Nuclear and getting rid of the filibusters. Yeah, harry redid it because he was frustrated about not about able to get Barack Obamas federal judicial nominees through. One thing led to another. Its Mitch Mcconnell standing up on the floor of the senate saying, youre not going to always control the senate, this is going to lead you down a path here. Low and behold it did. Now Mitch Mcconnell said eliminate the filibuster. The democrats are left with no leverage. They are in a very very difficult position now, and they have to engage in this fight. And theyre going to fight to the bitter end because so much is at stake. They know the odds are really stacked against them. Yeah. Kennedy, he did vote in favor of trumps travel ban but also offered a rebuke. What does it say to you, kevin, that kennedy, who is a republican, is willing to hand over his precious seat to donald trump . I think it indicates that he has some level of confidence that his legacy is not going to be completely undermined by the person that President Trump will pick to replace him. Hes probably gotten some confidence of that through the pick of judge gorsuch to be on the Court Justice gorsuch and Justice Kennedy were aligned on almost all of the cases this term. I think if he believes that the Trump Administration will appoint somebody like that again, that probably gave him some comfort he could do this without endangering his legacy. Im wondering, renato is this a promise on his decision on cases like roe v. Wade, on samesex marriages, is that surprising . Its worth noting that 80 or 90 of the time he was voting with the conservative block. That is why i think he feels comfortable handing this pick over to trump. If you read the letter, he says my dear mr. President. He feels confident handing that pick over to somebody whose going to pick Something Like neal gorsuch. The court is already conservative, the difference is now that the court is going to move even further to the right. Further away from where americas at. One thing i think conservators need to wonder and be concerned about, if the court moves over further to the right and overturn roe versus wade is that going to fire up women to vote, women worth suddenly impacted by the decisions they didnt think would matter. What do you say to that gloria . I think thats absolutely right. I think it depends on who you chose. If its somebody who has spoken out against roe versus wade, you could potentially lose Susan Collins and lisa more kouks. In galvanizing women, i think theyll be galvanized one way or another. If roe versus wait start getting at the state level, and women start seeing this, i think it could galvanize women for the next president ial election. That could be what is decided by the choice that trump makes in the next few weeks. I do think hes going to make his choice in the next couple of weeks. We not only have to look down the road at 2018, also, this is so consequential it could decide 2020. Lets look at 2018, ryan. This is a bit from the president s rally in north dakota. Here it is. Heidi will vote no to any pick we make for the Justice Anthony<\/a> kennedy chose to retire during his term. Justice anthony kennedy, a very special guy, also Just Announced<\/a> a little while ago his retirement from the United States<\/a> Supreme Court<\/a>. Great man. And im very honored that he chose to do it during my term in office, because he felt confident in me to make the right choice and carry on his great legacy, thats why he did it. So, lets talk more about Justice Kennedy<\/a>. He was chosen by president reagan, he joined the court 30 years ago. Hes been a pivotal swing vote every since. Voting will be waved to legalize samesex marriage. More often this term, including upholding the president s travel ban. Now, President Trump<\/a> has a chance to fill the vacancy with someone much more conservative. Democrats are demanding the vacancy not be filled until after the midterms. Heres the reality, theres not a lot that they can do, elections have consequences. Especially, the last president ial election, lets look at it. 30,000 people in three states decided the course of american history. Think about that, 80,000 people in three states in a country of millions decided the course of american history. 10,000 votes in michigan, goes the other way. The Supreme Court<\/a> would look very different over the course of the next 20 or 30 years or longer. They didnt. President trump won the Electoral College<\/a> while losing the popular vote. Thats the whole enwhich i la da, and he gets his second pick. We have a list of talented, highly educated, highly sl intelligent, tremendous people. Elections have consequences. Today, those kons questionings are becoming clear. What Supreme Court<\/a> does will change this country for years and years and years to come, its already begun. In this court, the court has upheld the president s travel ban against seven countries, countries, most of them, muslim majority. Sided with a baker who refused to make a wedding cake for a gay couple. Undermined labor unions, affirmed in ohio law that perjure citizens from voting role that affects minorities. Discriminated against latinos. And a rule that california cannot apply pregty centers to give women truthful information about their medical conditions. Elections have consequences. So, what can we expect if President Trump<\/a> gets another conservative justice on the court . There will likely be more cases of Business Owners<\/a> claiming religious freedom to refuse to serve gay people. The court can be more likely to rejessica challenges to the death penalty. And campus affirmative action programs could be on the chopping block. That may very well be where america is headed right now. Just last night on this show, we nailed it. It has been three years since Supreme Court<\/a> ruling that established the right of gay people to get married. Little did we know how much things could change, now that the man who wrote that opinion is accepting down. Leaving his replacement in the hands of President Trump<\/a>. I want you to listen to this quote, its from the last paragraph of the ruling by Justice Anthony<\/a> kennedy. Here it is, quote, it would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find the fulfillment of it themselves. Their hope is not to live in loneliness, they ask for equal dignity in the eyes of the law. The constitution grants them that right. Justice kennedy, stepping down now. Now, i want to bring in cnns chief analyst corey, analyst ryan and kevin russell. Good evening to all of you. Good to see you. Gloria, it has been a very interesting day. I want to play more from President Trump<\/a> tonight. He is thrilled about this retirement from Justice Kennedy<\/a>. The travel ban ruling underscoring just how critical it is to confirm judges who will support our constitution. And remember this, so we have a pick to come up, we have to pick a great one. We have to pick one thats going to be there for 40 years, 45 years. We neat intellect, we need so many thing to go. Theres so many elements go into the making of great justice of the Supreme Court<\/a>, you got to hit every one of them. So gloria the president has had a huge win for his travel ban and he knows it. This is a huge victory for the president. This is going to be one of the most consequential decisions of his presidency. What it is going to do, is set a huge par of his legacy, and it is going to determine, and it could determine the directions of the Supreme Court<\/a> for generations. This is no small decision here, and what he is facing is a republican congress, a republican senate. He only needs 5 1 votes. We know the list of nominees, their very very conservative. And the democrats are facing an uphill battle here because they dont have the filibuster available to them. This is a moment for donald trump where he will be able to really seme meant a legacy with one decision. Its a very good day for him. Kevin, kennedys an conservative, but he was also the swing vote on very key issues. Gay rights, abortion, the death penalty, is the idea of a swing vote, are those days over . Are they gone . Therell always be somebody who has to cast the well finally have a Roberts Court<\/a> that is in fact controlled largely by chief justice robs and hes more conservative than Justice Kennedy<\/a>. I think well be calling him this one justice. Renato, kennedys replacement further to the right, right . No question. All of the picks on trumps list are very much to the right of the middle of the court now. Those picks were very carefully vetted by the federal society which is the sort of conservative legal group. That is what led many conservatoriv conservators to support donald trump. This is one issue that conservators care a lot about and he is committed to choosing somebody that is pretty far on the right. He moved the court to the right with a gorsuch pick, and now again, he is going to move it further to the right. I agree with the nal sis a moment ago. He is much further to the right before i move on, ryan, what can we expect . I read off some thing in the open there. Everyone is talking about marriage equality, is row v. Wade gone . Whats in play . Whose that for . Renato. I think its gone. I would be very surprised. I think theres no question no real question that justice a lee the question now is and gorsuch will be in the same the question is lot chief justice, im sure the new justice would overreturn row versus wade. At time the chief Justice Roberts<\/a> has occasional been cautious being making bold steps from the bench. Thats thats a lot to rely on, hes a very conservative jurist. All right, ryan, is the court becoming as polarized of a country . I think in some ways. I think if you read the immigration decision, what struck me about that decision was that the five justices and the majority basically explained away, or ignored all of Donald Trumps<\/a> statements about antimuslim bias and said, if you just read the order, it survives constitutional strut scrutiny. Whereas the four liberals on the court said wait a second. This is the most important thing, the history animus towards hmuslims is the key driving factor. A lot of republicans waive away or explain away some of the more provocative and frankly racist statements of the president. Whereas for democrats that is what is essential front in center. We got our first taste this week with that decision on immigration, of how the court mirrors the larger body politic when it comes to the trump era. Democrats are really, they feel burned, they are fuming because they you know theyre looking back to what Mitch Mcconnell<\/a> did, he wouldnt have allowed that to go through president obamas nominee. But also, this president could end up filling another seat as well. Thats ruth, 85 years old. Shes not getting any younger, he may have three picks here and democrats are not happy about that. Look, the democrats realize that they dont have any leverage anymore because now they dont have a filibuster anymore, that was done away with. But, they have to fight, because they have to fight because these are issues that are really important to them. These are issues that are important to their base, to their party. The Democratic Party<\/a> now, you could argue is driven by women. If row v. Wade becomes the issue, this will gavelnize democrats. What theyve got to do now, they have a touch job is theyre going to fight this. Theyre going to have to corral 49 democrats to zero against whoever the nominees is. Thats not easy because there are ten democrats up for reelection in red states that trump won. So, you could lose a bunch of those. You have to hope that whomever trump nominates is so objectionable, that lisa or Susan Collins<\/a>, who are prochoice republican women, that they might oppose this nominee,in though both of them voted for neal gorsuch. This is a huge uphill battle for them. It is going to be bitter and hard fought because the stakes are so high for both parties. Both parties will be gavelnized by this fight. We have a lot more to discuss. Stick around. When we come back theres one democrat that President Trump<\/a> likes so much he asked her twice to join the gop. Shes an example of the problem zplts are going have to fight this battle. Thats next. Were listening to what matters most to you. And were committed to improving every ride. Starting with features designed to make it easy for your driver to find you. Taking the stress out of pickups. Were putting safety at the heart of everything we do. By making it easy to verify your car, and driver. Uber has new leadership, a new vision, and is moving in a new direction. Forward if you have moderate to severe or psoriatic arthritis, Little Things<\/a> can be a big deal. Thats why theres otezla. Otezla is not an injection or a cream. Its a pill that treats differently. For psoriasis, 75 clearer skin is achievable with reduced redness, thickness, and scaliness of plaques. And for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. And the otezla prescribing information has no requirement for routine lab monitoring. Dont use if youre allergic to otezla. Otezla may cause severe diarrhea, nausea, or vomiting. Tell your doctor if these occur. Otezla is associated with an increased risk of depression. Tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. Some people taking otezla reported weight loss. Your doctor should monitor your weight and may stop treatment. Other side effects include upper respiratory tract infection and headache. Tell your doctor about all the medicines you take and if youre pregnant or planning to be. Otezla. Show more of you. Hey, im curious about your Social Security<\/a> alerts. Oh just sign up online and well alert you if we find your Social Security<\/a> number on any one of thousands of risky sites. That sounds super helpful. How much is it . Well, if you have a discover card, its free. No way yes way we just think its important for you to be in the know. All right hey. Ewww everything ok . Being in the know is very good. Yeah, it is. Ooo dont shake dont shake ahhh know if your Social Security<\/a> number is found on risky sites. Free from discover. The president says hes going to puck a replacement for Justice Anthony<\/a> kennedy as quickly as possible. Democrats demanding the vacancy not be filled until after midterms, but they dont have any wager here. Back with me, the panel. Kevin, i want to ask you, if you look at this graphic, you see the impact that former president s since reagan have had on the court, most of them too except for bush. This president could have as much impact on the court in its first two years as these other president s had in their full terms. Thats exactly right. And he could as was mentioned earlier end up getting three appointments, which would change the potential of the court potentially for a generation. Who could we see replace kennedy . It depends on part how big and open a fight he wants to have about abortion. If we wants to appeal to his base, hell pick Something Like<\/a> judge carr, its called roe versus wade. If he doesnt want to have that fight, he could pick judge hartman, who doesnt have that record on abortion, but is a solid conservative and i think we have an easy time getting confirmed. Or somebody like judge kevin on the d. C. Circuit who has support of the chamber of commerce and Federalist Society<\/a> wing of the Republican Party<\/a> because hes a young energetic people think is a solid over roe but doesnt have that track record. Lets talk about the timeline. Justice kennedy says his retirement is effective july 31st. What is the timeline . Trump is going to nominate someone. How long could this end up taking . Very quickly. Hes been prepared for this, the White House Counsels Office<\/a> has been prepared for this. Remember, as far back as the election they put together a list of 20 names, right. Most president s who are suddenly faced with a vacancy in the Supreme Court<\/a>, theyre not necessarily starting from scratch but a huge universe of names. Federal judges, politicians, they do a lot of blue sky thinking about it. Theyre not doing that at the white house. Trump said today it will come from that list of, i guess now 24 people. And so, they have it narrowed down. They have been prepared for possibility that kennedy would retire at the end of this term, everyone knew that was a possibility. So, i think and theyve gone through the process once before, so theyve interviewed some of these judges that are on that list. So, i think they will move very very quickly. I think its probably in the interest of the Republican Party<\/a> to do this before the midterm elections. Because donald trump and other republicans want to be able to go into those midterms saying, we didnt just do tax reform, we dont have a just a great economy but we deliver on the promise of two Supreme Court<\/a> justices, thats a serious record. That will get a lot of conservatives to the polls. I expect this to happen fast. Gloria, one of things was for democrats, they were Going Nuclear<\/a> and getting rid of the filibusters. Yeah, harry redid it because he was frustrated about not about able to get Barack Obamas<\/a> federal judicial nominees through. One thing led to another. Its Mitch Mcconnell<\/a> standing up on the floor of the senate saying, youre not going to always control the senate, this is going to lead you down a path here. Low and behold it did. Now Mitch Mcconnell<\/a> said eliminate the filibuster. The democrats are left with no leverage. They are in a very very difficult position now, and they have to engage in this fight. And theyre going to fight to the bitter end because so much is at stake. They know the odds are really stacked against them. Yeah. Kennedy, he did vote in favor of trumps travel ban but also offered a rebuke. What does it say to you, kevin, that kennedy, who is a republican, is willing to hand over his precious seat to donald trump . I think it indicates that he has some level of confidence that his legacy is not going to be completely undermined by the person that President Trump<\/a> will pick to replace him. Hes probably gotten some confidence of that through the pick of judge gorsuch to be on the Court Justice<\/a> gorsuch and Justice Kennedy<\/a> were aligned on almost all of the cases this term. I think if he believes that the Trump Administration<\/a> will appoint somebody like that again, that probably gave him some comfort he could do this without endangering his legacy. Im wondering, renato is this a promise on his decision on cases like roe v. Wade, on samesex marriages, is that surprising . Its worth noting that 80 or 90 of the time he was voting with the conservative block. That is why i think he feels comfortable handing this pick over to trump. If you read the letter, he says my dear mr. President. He feels confident handing that pick over to somebody whose going to pick Something Like<\/a> neal gorsuch. The court is already conservative, the difference is now that the court is going to move even further to the right. Further away from where americas at. One thing i think conservators need to wonder and be concerned about, if the court moves over further to the right and overturn roe versus wade is that going to fire up women to vote, women worth suddenly impacted by the decisions they didnt think would matter. What do you say to that gloria . I think thats absolutely right. I think it depends on who you chose. If its somebody who has spoken out against roe versus wade, you could potentially lose Susan Collins<\/a> and lisa more kouks. In galvanizing women, i think theyll be galvanized one way or another. If roe versus wait start getting at the state level, and women start seeing this, i think it could galvanize women for the next president ial election. That could be what is decided by the choice that trump makes in the next few weeks. I do think hes going to make his choice in the next couple of weeks. We not only have to look down the road at 2018, also, this is so consequential it could decide 2020. Lets look at 2018, ryan. This is a bit from the president s rally in north dakota. Here it is. Heidi will vote no to any pick we make for the Supreme Court<\/a>. She will be told to do so. Now, maybe because of this, shell be forced to vote yes, who knows. I will tell you, shell vote no the day after the election. Okay, so listen. Hes wrong, because heidi height camp, two others voted for his last pick, neal gorsuch, so how be red state democrats vote this time around, do you think. Thats a great question. If your up for reelection in a red state you kind of will get a free vote on this, right. Its obvious, trumps nominee assuming a lot here its obvious to these three senators that the nominees are going to pass anyway because they have 5100 votes. The nominees are not someone far outside of the mainstream, someone like heidi will vote as she did for gorsuch in a tough race. The only time where they will have a very very difficult decision is if in the unusual circumstance where you have two republicans, and everyones talking borrow control collins going wobbly, and theres enormous pressure on the 47 democrats and two independents to sticking to, right, thats the pressure situation. And thats a fairly unlikely scenario. This entire if you think about kennedy, a lot of people have said hes pretty conservative, there wasnt that many swing votes at the end of the day. The issue where he was the swing vote, where theres still a chance of the Supreme Court<\/a> changing is on abortion. This entire fight is going to be over that issue. All right. We shall see. Stay tuned. Always something every single day i appreciate it. Thank you gloria, ryan, kevin and renato. More on Justice Kennedy<\/a>s retirement with President Trump<\/a> now in the position to pick his second Supreme Court<\/a> justice. What will happen if the court has to rule on questions about the president and his policies . And the safey for most parallel parallel parking job goes to. [ drum roll ]. Emily lapier from ames, iowa. This is emilys third nomination and first win. Um. So, just. Wow um, first of all, to my fellow nominees, it is an honor sharing the road with you. 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Liberty stands with you\u2122 Liberty Mutual<\/a> insurance. President trump telling supporters in north dakota tonight that Justice Kennedy<\/a>s retiring now because he has confidence that trump will chose a replacement to carry on kennedys legacy. Lets bring in mike shields and Simone Sanders<\/a> and rick wilson. Good evening to all of you. Everybodys smiling, i thought simone you might be a little sad, im not sure. You know i got off the plain in indianapolis, don and i was slightly devastated by this Supreme Court<\/a> news. Were ready to fight. Wi well, at least your smiling. Elections have serious consequences, who are those consequences simone . I want to be clear. Progressives and democrats were saying that is the fought of folks that didnt vote for Hillary Clinton<\/a> and chose a thirdparty candidate. Elections do have consequences. Hillary clinton won the popular vote. Donald trump beat her via the Electoral College<\/a>. Going forward, everything that were seeing is a result of who the president is. Who the president is matters because his powers matter. Youre saying it wasnt bernies fault without saying it was his fault . I dont think thats anything i need to say, don. Its ridiculous to assert it was senator sanders fault. People talk about the identity crisis today, we dont have an identity crisis. We are very clear. The list of Supreme Court<\/a> justices are a list of conservative ideologies not mainstre mainstremai mainstre mainstre mainstream injuririst. I saw that as well, and people are in agreement. People who did a protest, people who voted for jill stein, people who didnt want to go to the polls, people who can, oh, this is the lesser of two evils, all of that, i think thats what people are blaming it on, im just saying that, its not me but that seems to be the consensus here. So, mike listen. He won, right . He got to nominate gorsuch, his next pick will further help define the rule of law here. So what message is it of democrats . Tough luck . Yeah. The message is that the Supreme Court<\/a> pick was actually on the ballot in 2016 and they lost, and it was talked about. The voters knew that and they chose. I think the lesson here is democrats have to be careful that we dont only get a Supreme Court<\/a> pick, but through the process of naming it we also pick up ten senate seats. There are ten democrats that are going to be forced to vote on this something that trumps state won. They can put up a fuj fight and force this to be a blodly battle in terms of the rhetoric and try to force the democrats to tow the line and cost of their seats for republicans. Or they can say, this is the president s pick, lets not put the people in a tough position. And mike why are you laughing . Mike is reaching, don. Ill let you respond. Ive said this to you off air, mike, i said it so i dont think you mind me saying it with the audience. I think youre much better as a political strategist than telling people what the strategies are behind what donald trump is doing and then fighting to make, you know, excuses for him. However you want to put it i dont mind to offend you. I think theres an issue here for Heidi Heitkamp<\/a> and no, im trying to give you your props. Im saying youre making a good point that people on the other side should be listening to about strategy, longterm goals, playing the long game k about not having a lit nus test for candidates. Every republican knew what donald trump said, what he stood for. A lot of them werent on board. When it came down to election time, or to back him at least in front of the cameras, what did they do . They backed him and voted for him. Don, if i may, i want to make a point here. I taught a whole class at harvard about this last semester. The fact of the under the umbrella of quote unquote shared values which could be debatable. This is what you get then. To acquit the Republican Party<\/a> to the Democratic Party<\/a> i think is not understanding how the parties are in fact made up. The fact of the matter simone i disagree with you. T not understanding how elections work and how elections have consequences. They were people who were on the flask side, many of them including Bernie Sanders<\/a> supporters who were shouting down allies about Hillary Clinton<\/a>, whether you liked Hillary Clinton<\/a> or not. Hold up. Don, you note i voted for hillarily i am questioning the strategy and the intelligence of shouting down an ally and damaging a candidate and all of a sudden you get this, thats all im saying. Everybody jumped on the republican side on donald trump i will make a 20point second on this. The fact of the matter the Democratic Party<\/a> failed together. We failed to make the courts a motivating factor in 2016, thats a result of all the polls and focus groups i sat in. Im sitting in indianapolis, indiana where senator donnelly is in a fight i think he can win. We can debate on what happened in 2016, but were here looking at 2018 in the face. The factor is hold the line. We cannot allow the Republican Party<\/a> and donald trump to change the face of courts for a generation. I think that neal gorsuch he already has. I am not succeeding that fight, don, and many progressives themselves are still with me. Thats why you saw folks like senator harris come out with her comments. I dont think the fight is over. I reject the notion this is all at the feet of bernie people. Notice its not what anybodys saying. Everybody little bit matters. Im questioning the strategy, thats it. Im comparing the two party. You say theres no comparison, one of them won. Theyre getting two Supreme Court<\/a> nome neighbor nominatio thats something we regret. Doesnt have control of the house or the senate. Ill see you in november 2018. Thats what ill say to my republican friends. Rick, i know you want to talk. Ill give you the first floor on the other side. What does this mean for the president s politics when the it comes to the justices . Well be right back. Ing away. Rewarded going new places and tasting new flavors. Rewarded traveling lighter. Rewarded haha getting settled. Rewarded learn more at theexplorercard. Com and get. Rewarded and get. No one thought much of itm at all. L people said it just made a mess until exxonmobil scientists put it to the test. They thought someday it could become fuel and power our cars wouldnt that be cool . And thats why exxonmobil scientists think its not small at all. Energy lives here. Back with mike shields, Simone Sanders<\/a> and rick wilson. I love that i had to fight to give mark a compliment tonight. Im sorry. I thought you were criticizing me. Ill just take it from now on. Mike at ptsd. When youre right youre right. I think youre smart about the strike that and strategy and how this played out. Rick, lets talk about the importance of judicial independence. There are many cases that may make their way into the court about the president s behavior. Can the president be indicted or can a sitting president be subpoenaed. With two justices appointed by trump do you think therell be a question about htheir decisions as these issues make their way to the court . I hope we end up with a justice who reveres the constitution, who is opponebedio the constitution and restrictions of the court. I think over a time we have seen in many justices that the nomination, the person nominating them dont particularly get a greater amount of knockon loyalty to a person. Most justices do take it seriously. I hope the person nominated is such a person. The truth of the matter is, these are not Donald Trumps<\/a> guys. Their federal Society Folks<\/a> and other folks who have been this larger pool of conservatives and conservative jurist. Im hopeful theyll nominate somebody with a serious mind, and admiration for the rule of law. That should balance out some of the concerns that its somebody that trump is putting on the court. Unless he nominates janene pirro which will be hilarious and horrifying, a lot of these folks are serious people. Many of the people on that list again that are not trumps people, their serious jurist from our system, that hopefully wed see them exercise, yun th exercise,on, this sort of judicial discretion as one hope they would as conservatives. Can i add something to that real quick, don . Yeah go ahead. The president s often criticized for his process, how does he go with the people hes pardoning and using his gut. Gorsuch, he was praised by the process that put into place that process was called Mitch Mcconnell<\/a>. No, the vetting process in the white house, the process office, working with people in the Society Coming<\/a> up with the list you talked about, vetting those sources interviewing i mean they got kuddos from a lot of people conducting a thorough process that got us neal gorsuch and i think its going to play out here as well. Rick, correct me if im wrong, are you going all way back to mayor garland because it was Mitch Mcconnell<\/a> that said, no were not going to vote on it, then gave this president the opportunity to nominate senator mcconnell is a player in this thing. People who sleep on Mitch Mcconnell<\/a> regret it every time. Hes one of the most crafty legislative players we have ever seen. If the democrats think we can make a lot of noise about this, or pick any random guy and decided just because its the trump nominee. Mitch mcconnell has command over this process, they should be mindful about that going forward. I dont think trump will end up uponing a janene pirro to the court, thats be hilarious, but Mitch Mcconnell<\/a> is a smart guy, do not underestimate him so let me i just even though hes got some problems on his end. You dont have a lot of happiness from lisa, jeff flake and a couple of others who are nervous this may be an overreach. It is complexion issue, two thing. One, to be clear, Mitch Mcconnell<\/a> stole a senate, stole a Supreme Court<\/a> seat from, then president obama. He stole that seat. That was a seat at president s discretion to appoint a Supreme Court<\/a> justice to put someone up for nomination and Mitch Mcconnell<\/a> stole that seat. I wanted to be clear. Just keep the facts elections have questionings that was on the ballot. Look Hillary Clinton<\/a> renominating him. Hes the thing. Simone hey guys, one i dont need anybody lecturing manager about a clerical branch because i talk about it often. Two, i think its not right for democrats to not have or getting any plans together. This is something we known that could potentially happen. This was a blow to me and some other people when i got all the plane today. To insert that were not going to have some type of plan to do something is disenginuous. Im saying it shouldnt happen. We understand the facts. What document we well look. Better served that i disagree. This is this is the facts this is where we are, guys. The president put out a list today, that list is not a list of mainstream jurist, that is a list of conservative ideologues. If the folks in the administration supporting the president and come to the table what i got to run. Even if you think however you feel about the nominees, its his to pick. Elections have consequences. Where was this when president obama was in office. This is a bunch of bs im not in washington. Maybe democrats should have had a better strategy. Maybe they should have fought harder. Maybe some of the liberal judges step down and let the president appoint a couple more judges, who knows. There are a lot of different senarios that you can go after. Thank you all. Appreciate it. It is official President Trump<\/a> is going to meet with Vladimir Putin<\/a> one on one. Details of the summit to be announced tomorrow. What kind of deal to come out of their meeting . General Michael Hayden<\/a> weighs in. Hes next. Gentlemen, i have just received word the louisiana purchase, is complete instant purchase notifications from capital one. So you wont miss a purchase large, small, or very large. Technology this helpful. Could make history. Whats in your wallet . With recurring constipation and belly pain if you feel like you spend too much time in the bathroom talk to your doctor and say yesss to linzess. Yesss linzess treats adults with ibs with constipation or chronic constipation. 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Esurance. An allstate company. Click or call. President trump set to hold facetoface talks with Vladimir Putin<\/a> soon. The date and location of the summit will officially be announced tomorrow. I want to talk about that and other things with Cnn National Security<\/a> analyst general Michael Hayden<\/a>, and also the author of the assault of intelligence, American National<\/a> intelligence and the age of lies. I want to talk first about the court here. Does it change in the courts idelogical makeup have implication for National Security<\/a> . It does a bit. Certainly ive lived through this in the Bush Administration<\/a> as we expand a lot of things in the war against international terror. And actually kennedys quite an interesting case. During the Bush Administration<\/a> he joined the majority to limit president ial powers when it came to designating people prisoners of war, military commissions and so on. More recently, don, he has sided with a fairly robust definition of executive authority. He voted with the majority on the muslim ban, and he was in the minority on the courts decision to limit the about of Law Enforcement<\/a> to get locational data on peoples cellphones without a warrant. So theres a mixed bag. My sense is anybody the president nominates will be fairly comfortable with robust executive authority when it comes to National Security<\/a> questions. Okay. What about questions about can a sitting president be indicted or subpoenaed . I thought rick wilson in the previous segment was spot on. These are all accomplished individuals in their own right. They come to the job, i think, with a knowledge and respect for the constitution. And the history has been that appointees dont remain blindly loyal to the president that appointed them. So im cautiously optimistic that theyll follow the constitution and not be overly politically influenced. Were in different times now. The meeting with putin is supposed to take place around the nato meeting with americas closest allies. What do you expect to see . Im glad the sequence of the meetings, the Putin Meeting<\/a> comes after the nato meeting. It would have been awful if the optic if the president was carrying putins message to the alliance. Now he has the opportunity to build some consensus with the alliance and bring that to his talk with putin. Overall, the concept of the meeting is hard to argue with. I think what makes the allies nervous is the implementation of what happened given what happened at the meeting in singapore with kim jung un. Are you concerned that he could make concessions or deals with russia that arent in americas best interest . That is my concern, and that was my reference to the singapore summit where it appears as if the president gave up an awful lot, including the fact of the meeting and didnt get a whole lot of concrete in return. Look, don, what im looking for is someone in the administration to simply say our relationship with the Russian Federation<\/a> will be governed by the following three, two, one principle. And i dont know what that is. What weve got from the president is simply a statement, wouldnt it be better if we got along, which is not a real strategy. I want to get this in. I just have a few short moments left here with you. Despite other promises kim jongun made to President Trump<\/a>, there are other images that show it rapidly making improvements to other facilities. Do you think kim has any intention of denuclearizing . Look, ive said all along, don, he would be crazy to go to zero with his nuclear weapons. What he saw there in that picture is actually the civilian side of their nuclear program. Its not clear we have actually said to the North Koreans<\/a> they cant have any kind of peaceful civilian nuclear activity. I for one would rather they didnt. But whats included in the deal even where we get to define zero and denuclearization. General, always a pleasure. When we come back, President Trump<\/a>s latest Supreme Court<\/a> pick could be one of the most consequential decisions of his presidency. Were going to talk about how it could impact the country. Its time for the lowest prices of the season on the only bed that adjusts on both sides to your ideal comfort your sleep number setting. And snoring . Does your bed do that . Dont miss final closeout savings on the queen c2 mattress. Now only 599, save 300. Its the lowest price ever, only for a limited time. Visit sleepnumber. Com for a store near you. When its your mission to get a better hot dog in every hand, well, you gotta make. A better dog thats what oscar mayer does every. Single. Day. Our dogs are totally free from artificial preservatives, any added nitrates or nitrites, and we waved byebye to byproducts. And were taking those better dogs to the ends of the earth. The top of the world. And everywhere in between. Why . So you can get back to eating them, scratch that, back to loving them. Oscar mayer. For the love of hot dogs. car horn this is cnn tonight. Im don lemon. It is 11 00 p. M. Here on the east coast live with all the new developments for you right now. Including the bombshell announcement that Justice Anthony<\/a> kennedy is are retiring from the Supreme Court<\/a>. President trump speaking out tonight about what exactly hes looking for in a Supreme Court<\/a> justice. The travel ban ruling underscores just how critical it is to confirm judges who will support our constitution. And remember this so we have a pick to come up, we have to pick a great one. We have to pick one thats going to be there for 40 years, 45 years. We need intellect. We need so many things. You know, theres so many elements go into the making of a great justice of the Supreme Court<\/a>. Youve got to hit every one of them. 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