Transcripts For FOXNEWSW Americas News Headquarters 20200919

Transcripts For FOXNEWSW Americas News Headquarters 20200919

Hello, mark. Ruth Bader Ginsburg made history before being a Supreme Court justice. She was fighting for equality. Now, she attended some of the top universities, harvard, cornell and columbia. She worked as a law firm in new york and helping to launch the a. C. L. U. Womens rights project and before being on the Supreme Court, the court of appeals. After president clinton nominated her, she was the second woman to sister of on the nations highest court and president clinton said of her 27 years in the court that exceeded his highest expectations. And john roberts released a statement on behalf of the court our nation has lost a jurist of supreme stature. Future generations will remember Justice Ginsburg as we knew her a tiredless and resolute champion of justice. All morning long weve seen people come back to pay respects, many bringing by flowers, cards, candles, beautiful as the sun was coming up. Vicepresident ial candidate Kamala Harris stopped by and we didnt know that she was here, it was tweeted about. She lost her husband in 2010, but she was surrounded by her family in washington before passing away. A private internment is expected at Arlington National cemetery and the exact scheduled is worked out. And many people are flocking to the Supreme Court to pay respects and people are not allowed to go up the steps, but right outside, the memorial is growing. A mother and grandmother was lost to a family last night who will miss her so much. Leland. Leland being a mother and grandmother was awfully important to letter and she talked about that at length. And President Trump has been signaling all morning in a tweet that he intends to fill the spot left by the justice. Kevin corke was there last night and you mentioned the people and mourners were out and they were silent. Im expected that life at the white house is different than last night at the court . Very interesting. I must admit. Its such a stark time in our nation when you can come into work and go to the Supreme Court and you see thousands, literally standing in silence for the most part and come here to the white house, less than 12 hours later and again, there is a real calm here, and a bit of a reverence, i think, its fair to say, for what our country has seen transpire over the last 24 hours. But the argument leland has been leer here from the outset, its an obligation for the president s job, that is to get a Supreme Court nominee up to the senate and have the senate vote on that nominee. Im going to take to you twitter. As you can imagine, the president has been sort of talking about this topic and indeed thats the case once again today. He says this, we were put in this position of power and importance to make decisions for the people who so proudly elected us. The most important of which has long been considered to be the selection of the United States Supreme Court justice. We have this obligation without delay. Indeed, a third of u. S. President s have appointed to the Supreme Court justices, in an Election Year. This is with great emotion and strive in the country as First Lady Melania Trump says reflecting on one of the giants of the court. She wrote on twitter, justice ruth Bader Ginsburg is a tremendous loss, her spirit will live in all inspired. My prayers are with her family and all who loved her. Rest in piece, rbg. Here is the press secretary. The president obviously put forward on the American People, know exactly where the president stands in terms of not just what his justices would look like, but exactly what their names are. You know, the original list, the people who respect the words of the constitution and the plain text of statutes. You know where the president stands, cant say that, tom, for every party. , but former president barack obama thinks, in the case, remember what happened to Merrick Garland. He thinks the senate should do something similar, which is apply the rule of the law. He says the rule of law the legitimacy of our court the fundamental workings of our democracy depend on the basic principle as votes are already being cast in the election, republican senators are now called to apply that standard. In orders, yeah, if you waited then, maybe you should wait now and let the American People weigh in in 45 days, however, you also know this, leland, the Senate Majority leader Mitch Mcconnell said thats when the party of the president and the senate are not aligned. In this case theyre aligned and he says, yes, we should certainly have a vote and interesting, youre going to see a lot about the tweet from Chuck Schumer in february of 2016. He said this, to justices and president s in Election Year, do your job. That was then, this is now. The debate continues. Leland a lot of folks saying that was then, this is now and looking back at tapes and tweets of 2016. Its like opposite day or something now. Kevin corke at the white house, thank you very much, sir. Alicia. And justice ruth Bader Ginsburgs death less than seven weeks before election day sets off a political battle over her replacement and the future of the Supreme Court. Ted is live from capitol hill on the latest reaction what is likely to be a bitter nomination fight. Hay there, alicia. Here is what you look at, the math and swing votes in terms of getting the nominee across the finish line in the United States senate. This is the breakdown in the senate rye now, 53 republicans and 47 senators who caucus with the democrats. So you can only lose two before you would need to have a tiebreaking vote cast by the vicepresident of the United States and never happened on a Supreme Court nomination. Here are two senators to look at in particular, Susan Collins of maine, a republican. Shes facing a reelection. And she thought it would be to advance this close to the election. And Lisa Murkowski is not up for reelection, but she indicated she thought it should wait until after the inauguration and people are wondering what will the Senate Majority leader Mitch Mcconnell do, theres a bad taste in the mouth for what happened with Merrick Garland and this is what the majority leader said four years ago, listen. The next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country. So of course, of course, the American People should have a say in the courts direction. Our view is this give the people a voice in filling this vacancy. This was the issue here in 2016. At that point Mitch Mcconnell said its an Election Year and we should wait until we know who the new president is, and this time you have a Republican Senate and republican president. And in 2016 you had a Republican Senate and democrat with president obama. And when they submit a name to for a nomination, were at day 45 before the election, its hard to see how they could vet this person no matter if theyd been prevetted before. And they like to take their time because its a lifetime appointment. Some of these were spilled off the rails. Robert borque in 1987 and Harriet Miers in 2005, she had to withdraw, they didnt think she was up to the task. Some of the senators were disappointed and a lot of answers in the prewritten forms they handed out. You never quite know. A lot of times they nominate somebody and they have to go back and pick somebody again. Doing this quickly, its hard to execute that fast a turnaround, alicia. Chad, thank you for your expertise. Leland. Bringing in republican senator member of the house judiciary committee, Marsha Blackburn from tennessee. Thank you. Pick up where chad left off. As you know, hes been around the block a few times through these confirmation hearings. You really think you could have a nomination in the next couple of days, vet somebody properly and fully have hearings and a vote in 45 days . Well, leland, we know that leader mcconnell last night issued a statement that president s nominee would have a confirmation vote in the u. S. Senate this year. So we know that generally the process takes about 60 days, also, Justice Ginsburg was confirmed in 42 days. Justice oconnor in 33 days. Justice John Paul Stevens in 19 days. So we will see where it takes and lets allow the leader and president to speak. Leland let me ask it this way, is it better politically to have this vote before or after the election . Because you pointed out, Mitch Mcconnell said there was going to be a vote on the nomineement he didnt say before or after the election. Is there a reason maybe to wait until after the election . I think thats a good question for leader mcconnell. Lets see how this process unfolds. I think this weekend is for remembering iconic lady who served this nation well. Leland okay. But so was the leader wrong to put out the statement saying were going to have a vote if this is the weekend for remembrance . Of course not. He was not wrong. He was signaling that, just as chad reported, that when it is the president and the senate of the same party, that precedent is that the position is filled. And the leader is right to do that. You will hear more in the coming days about what the white house is going to do and what the leader is going to do. Leland okay. So, keeping on to the issue of this potential nominee, youre leaving open the possibility that we would have a lame duck senate or lame duck senators casting a deciding vote on a lame duck president s streak nomination, does that seem right to you or something youd be willing to rule out . The precedent is when you have the presidency and the senate of the same party, that they move forward with nominations. The process, you will have its the white house, leader mcconnell, chairman graham of the Senate Judiciary committee who are going to delve more into that process. Its interesting you say that because you just laid out the precedent, if its a president and senate of the same party, then there is no problem with confirmation, but chairman graham, you just talked about, didnt seem to put that caveat in back in 2018. Take a listen. If an opening comes in the last year of President Trumps term, and the primary process is started, well wait for the next election. Leland doesnt sound like what youre talking about doing. Well, thats a question for chairman graham. I do know that one of the things that we have done is to work diligently to fill the openings on the federal bench whether it the district, the circuit or the Supreme Court vacancy. Leland maam, thats also a question for you because youre going to cast a vote on the judiciary committee. Do you think senator graham was wrong in what he said or do you think we should rethink it . Im confused. This isnt about the circuit courts or the district courts. Leland, lets give the president time to speak, lets give leader mcconnell time to speak. We know that you could go back to 1880 to find a time when the president and the senate of the same party left a vacancy on the Supreme Court. Leader mcconnell has said that that nominee will get a vote this congress, before the end of the year. So as we go through the next few days, we are going to hear more about what the process is going to be and i look forward to voting for someone who will be a constructionist, a constitutionalist and having the opportunity to fill that. Leland we understand there youd be interested in taking a vote. And john roberts reporting amy Coney Barrett, barbara algoa, or we would look forward to talking to you. Thank you. A members of the House Armed Services committee, congressman garamendi. Before we get into the knitty gritty of this, id like to give you a moment about the passing of Justice Ginsburg. I have a hollowness, ive got five daughters and granddaughters and this woman fought for them, giving them an opportunity to be equal, an opportunity to share in the benefits this have nation. And its not just those women. Its the lbgt community, its for everyone. In fact, her very first case that she argued at the appellate level was for a man to have an equal opportunity in the tax court. This woman was all about justice. This woman was all about equality and shes gone and frankly, im very, very concerned about the future. Im concerned about the future of americas opportunity for all people to be equal, to have an equal opportunity in this countrys benefits, and in its woes and in its troubles. So well see what happens in the future, but listen, its more than just choice at stake here. Its about the insurance system, the Affordable Care act will be up and will be dealt with in the days ahead. Its about the environmental issues, its about work situations. The opportunity to get a job, the opportunity for employment. All of these things are at stake in the selection of the next Supreme Court justice to replace an extraordinary woman. Lets look toward the future here and i heard it said last night in some of the coverage, whoo ill she will never truly be replaced, her seat will need to be filled and vicepresident former vicepresident biden has said that he wants to wait, that he thinks that america should wait until after the election. Is he willing to put forward a list . Hes being called on by the Trump Campaign and will it make democrats more comfortable if he did so . Well, no, i dont think he ought to put forward a list of names. Why . I think thats something to come later, but what we do know is that he should put forth the qualifications of the kind of person that he wants to have there. Certainly someone that has intellectual capacity and complexly, somebody that believes in the rule of law, that believes that the future of this country, as diverse as we are require that all, all in this country have the equal chance of the benefits of this country. So, those are the qualifications that i and others that he might want to put forward, but to put forward names at this point i think is not appropriate. But lets remember that the election is already underway. People are voting, and the real the future of this country for the next several decades will be largely determined by this particular Supreme Court justice. Congressman, as you know, the president has put out a list, he put it out prior to the death of Justice Ginsburg, hes put out at least 20 people so far for folks to kind of chew on in their mind, and when you talk about equality and helping others that Justice Ginsburg, theres a list of three women, including a latina who he may nominate for the Supreme Court. You still think its inappropriate for biden to not put forward some sort of list . It doesnt have to be 24 hours, but should it be soon . Well, i just answered your question a moment ago. I can go back and plow the same field again. I think that he should make it very clear the kind of person that he would nominate. Now, if he chooses to add names to that, thats his choice. But lets recognize, were now less than what, 16 hours after the death of this extraordinary woman, and im not going to go jump too far ahead beyond what ive already said and i suspect the vicepresident is doing what any person with any empathy would do and that is to mourn the loss and to celebrate a life and thats what hes doing and i thank him for doing that and frankly, i think all of us would be well put, well positionled to say, lets think about what this woman did and lets think about how she changed this nation and then lets ponder congressman garamendi, i understand. This is an almost impossible balance when theres the passing of someone who is so significant in the United States and her absence now brings even more significance to the institute. It does. Congressman, thank you so much, leland. My pleasure. Well continue to remember the life and legacy of ruth Bader Ginsburg. Shannon bream our colleague and Supreme Court reporter will come back with her memories of the justice. In just a minute well go to the ground in california and get a firsthand look at what firefighters are against. Christina coleman on the ground in monrovia. Thousands of firefighters are working around the clock to get them under control. Ill have the details coming up. Crucial. Try boost glucose control. The patented blend is clinically shown to help manage blood sugar levels. It provides 60 more protein than the leading diabetes nutrition shake. Try boost glucose control. Introducing the new sleep number 360 smart bed. Now temperature balancing, so you can sleep better together. Can it help keep me asleep . Absolutely, it intelligently senses your movements

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