Over the weekend. He said given that the senate is in recess, we dont expect the president to rush this through this week but instead well do so in due time once the senate furnishes recess. At that point we expect to consider the nominee. Senate comes back in session next week on the 22nd. But Majority Leader Mitch Mcconnell who controls the clock on all of this doesnt sound like he wants to do this before the president ial election. He put out a competing statement that said quote the American People should have the next Supreme Court justice therefore this vacancy should not be filled until we have a new president. Charles. Thank you very much, peter. Well, of course republicans want to keep conservative majority and they hope to drag this out past election, here with more on the rules that actually surround the confirmation process. Thanks a lot for joining us, david, because weve heard everything from historical precedence to every other strategy out there. How would this likely play out . Well, let me explain some of the theatrics that can go down. After the president makes his nomination, it has to go to the senat Senate Jewish committee, that whole process can be addressed out, it can be an lifetime. Assuming that that nominee can even pass that committee. Because if the nominee cant pass the committee, it dies there then a second nominee would have to come through and a third nominee would have to come through. So technically the republica republicancontrolled judiciary committee, we have ruby and cruz for the United States, can the ten months be had . Let me jump in here because i want to make sure im following along. This judiciary committee, is this committee already assembled and anybody not on this committee would be able to filibuster that process . Its a Standard Committee and that committee you need a majority of the vote to go to the senate floor. If that Committee Rejects the nominee, then that nominee but is there someone on that committee right now that you think would step up and create havoc or filibuster and outright reject the candidate. I have a feeling my Republican Party is going to find somebody thats going to do that kind of work. This is a big deal. The next nominee of the Supreme Court of the United States with the void of losing scalia, hard conservative, this is going to be a big, big battle. Its going to happen. And i dont know who that persons going to be. But that person is going to be a hero for the party, and its going to be the hatchet man to make sure the republicans get their next nominee. How much harder would it be if president obama were to nominate someone thats already gone through the sort of approval process. Someone like a Loretta Lynch that has already given the stamp of approval for a very high office within his administration . That could be a complication the republicans will have a quagmire to deal with. He could put up the candidate the candidate thats not rejectible, and that could actually hurt the Republican Party going into the election if they look like theyre going too partisan. If you put up the angel candidate, the one that everyone would or had to support, the Republican Party would be in a quagmire. Now, we talk about history and of course a lot of people pulling back to ronald reagan. You had gainsberg and then finally kennedy who turned out not necessarily to be the conservative that a lot of people thought he would be. Is that another tact to sort of maybe perhaps force president obama to ultimately nominate someone whos not a clearcut liberal and works both sides. That is if that person even exists these days . That would be a great strategic move on president obamas part. But this is a legacy. The president s legacy are the Supreme Court nominees. Hes going to give us the most liberal nominee that he can find that the republicans cant throw punches at. I dont know who that person is going to do, but i promise you its going to be very strategic and very, very liberal. On the likelihood that president obamas nominee will be confirmed . Scale one to ten . I give it a one. I dont think its going to happen. I think republicans are going to pull punches. This is a big deal. Scalia was heroes for the republicans. He was reagans development, he was the supporter of individual rights. All right. Thank you very much. Really appreciate it. Thank you so much. President obama, though, does have 300 days left in office. So do republicans take a risk by holding off that long for the replacement of Justice Scalia . Senator from utah joins me now. Senator hatch, thank you so much for taking the time out. A lot of folks saying this is a dangerous gam bet on the part of the republicans saying were not going to confirm anyone president obama puts up. Bottom line does that do serious harm to the system and the party . Well, its nice to be with you, charles, but the fact of the matter is that i think everyone in this country knows this is a crucial period of time and a crucial nominations process, and i think senator mcconnell is right in saying were in the midst of one of the most controversial elections in history and it would be awful to bring up a nominee on one side or the other in this process. And i agree with them. This hasnt been done before. The last time was done was i think in 1916 when Charles Evans hughes decided im talking about a nominee during a president ial Election Year. Charles hughes was the chief justice, and he left the court to run for president. And so that was somewhat acceptable. But this is a very different thing and almost anybody who looks at this would have to say, yeah, i dont blame the republicans for not wanting to have another liberal justice on the court to change the whole tenor of the court because one of the great justices, Justice Scalia died. Well, we all say elections have consequences and democrats are saying president obama was reelected and the American Public knew he would probably have a chance to appoint at least one more superior court justified and therefore the voice of the people are being nullified by republicans here. Not just obstructionists but also going against the will of the American People. What would you say to that . Well, this country is pretty evenly divided between republicans and democrats. So why should in a Election Year of this consequence where theres all kinds of fighting between both parties, why should we put up with a Supreme Court nomination process just because this president wants to do it . When it hasnt been done before and the reason it hasnt been done before is they know the whole process is tainted because of the politics involved. So, you know, if i was the president , i would acknowledge that and hope he can get another democrat president to make the nomination next year. But, you know, theyre not going to do that. He will submit a nominee, he has a right to do that, by the way. I would be the first to champion his right to do that but the senate also has a right to confirm or not confirm or hold hearings on it. And i suspect to be honest with you that senator mcconnell was right to diffuse this issue and say this should not happen in this very intense Election Year president ial Election Year especially with whats happened in the past. And were not going to do it. I think thats his attitude, and i think hes probably right. Charles so, senator hatch, what kind of public, of course always different public angles, but if president obama came through with a nominee in the next 30 days and the senate held off no matter what including the previous guest of the interrogation of a lifetime, what could the fallout be from that . Because people say, hey, a president is elected for a fouryear term and essentially what the gop is doing is eliminating president obama to a threeyear term. Well, i cant think of a republican who would want another very liberal justice on the Court Changing the whole tenor of the court and i think there would be a lot of conservative democrats that would feel the same that would want to wait until the next election to see who is president. But the president has a right to submit the nomination and we have the right to say no. And i think under the circumstances, i think senator mcconnell is 100 right. And, yeah, its a its not an easy thing to do. But this is unprecedented really. Charles do you feel some of the pressure on mcconnell is coming from this it gop race in which the outsiders are dominating in part to the socalled establishments legged down the general public and is it a chance for mcconnell to come back and say, hey, we do agree with the grassroots or is this something he would have done on his own . Well, i think its probably a mixture of both. The fact is that senator mcconnell knows that the stakes are very high. Here you have one of the most conservative justices in history who dies. A wonderful friend of mine, a tremendous justice, and during the presidency of one of the most liberal president s, the most liberal president to have run for office and get elected and i dont think any self respecting republican and even self respecting democrat conservatives will want this president to turn the balance of the court to the total left. It would take ten years to straighten out the court after that. So, you know, thats its involved here. Charles yeah. And Everybody Knows president obama is very, very partisan and that hes going to take whatever political advantage he can here. And do i blame him . No. But the fact of the matter is that republicans know that and theyre not going to roll over and say, well, this is the process and, you know, that charles right . That has to be followed. It doesnt have to be followed. Theres no reason to follow it in a Election Year thats as intense as this one is. Charles right. And ive got to say i think e, wise leader. The best leader ive had since ive been on senate, and i think hes trying to diffuse this matter and do it in a way that says, well, its up to the next president. Charles well, theres no doubt that the midterm elections also have consequences too. Senator hatch, thank you for your time. Great to be with you, charles. Charles the Supreme Court nomination is in the forefront but not in just washington. Also on the campaign trail. 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And if you do have an accident, our claim centers are available to assist you 24 7. For a free quote, call Liberty Mutual at switch to Liberty Mutual and you could save up to 509 call today at see Car Insurance in a whole new light. Liberty mutual insurance. I think its up to Mitch Mcconnell and everybody else to stop it. Its called delay, delay, delay. I dont believe the president should upon a point someone. The next president needs to appoint someone with a conservative record similar to scalia. The senate needs to stand strong and say were not going to give up the Supreme Court for a generation by allowing barack obama to make one more liberal appointee. We should not allow a judge to be appointed during his time. I think we ought to let the next president of the United States decide who is going to run that Supreme Court with a vote by the people of the United States of america. Charles well, candidates wasting no time taking the issue of a Supreme Court nomination, talking about it in this weekends debate. The former governor and president ial candidate Mike Huckabee on how republicans should handle this. Governor, welcome to the show. Thank you very much, charles, great to be back with you. Charles all the candidates unanimous and saying this is not the time for president obama to nominate a candidate. Although it feels like the consensus is he will. How do you see this playing out . Well, hes going to make a nomination and thats his constitutional right to do. But it is equally the constitutional right and responsibility of the senate to reject that nomination based on the president s likely push for someone who is so ideologically to the left that the senate can justify saying, look, we were elected too, mr. President. And we were elected to be the check and the balance to your branch of government. So anybody who says, well, the senate cant do that, of course they can. Or the senate shouldnt do that, of course they should. Thats why they were elected. And if they dont do the job to which they were elected, then the Republican Party is finished. Hillary will be the next president , and we will deserve it. Charles although hillary and or Bernie Sanders argued that the gop will hold up the nominee no matter who on the stage. There was talk of delay, delay, delay, not based on merit but to the perhaps at your point that this notion is going to be ultraliberal. Is there a test that the gop could share with the American Public saying, hey, the potential nominee and ultimate Supreme Court justice should not or should fulfill these particular issues. Is there a litnist test that we can go by . Well, given seven years of president obama, i would say if he nominates them, theyre probably not acceptable. Look, this is a guy who has gone after the Second Amendment. Hes the most pro abortion president. In fact, he was the most pro abortion senator. He even supports partial abortion for heavens sake. He has pushed samesex marriage and pushing obamacare and pushing the Little Sisters to have contraceptives. Just let me ask you. Is there any decision this president has made in seven years that showed a conservative side . Any appointment, any nomination, any speech he has given, anything in seven years that in any way showed he was a conservetory figure . I cant think of one. Not one. Charles youre absolutely right with respect to that. What about the notion that he nominates someone whos already gone through this process . Someone like a Loretta Lynch . Would that make it more difficult . You know, it doesnt matter because im going to go back to my point. This is the president who has never put for there anyone who was the middle of the roader, much less someone who leaned a little bit to the right. Were talking about replacing somebody who was the conservative voice. And let me be careful about saying conservative voice. Justice scalia was more than that. He was a constitutional voice. He truly believed in that the text of the constitution was what mattered and that words matter. He was not one of these people that believed in the living constitution that it means whatever we now say it means so that we could continue to change. The constitution of scalia was the tuning fork, and we had to adjust our laws to the standard, to the scale, to the tuning fork. You dont measure the tuning fork to the instrument, you measure the instrument to the tuning fork. And if you have someone thanks the constitution should be adjusted, changed, revised, revisited because the culture changed, that person is not a constitutionalist and the republicans ought to dig in their heels and absolutely say theres no way theres a greater chance of a snowball fight in you know where than there is that president obama is going to get a Supreme Court appointment. Charles governor, having said that, who do you think this helps the most right now . The candidates that remain in the gop race for the white