It and were going to give it to somebody that got thrown out of the primary in the second week, youre going to have a problem. Theres going to be a tremendous problem, i think. I think you would have riots. Im representing a tremendous many, many millions of people. If you disenfranchise those people and you say, well, im sorry, but youre 100 votes short, even though the next one is 500 votes short, i think you would have problems like youve never seen before. I think bad things would happen, i believe that. All right. So thats where we stand right now. The latest tally of delegates is donald trump is well on his way, it would seem to the republican nomination. Hes right now in need of 564 more delegates. There are 1,079 delegates remaining. So he is in the drivers seat, but what he seems to be intimating there, what if he is just short, is someone going to take that from him . And if they do, is that going to be greeted favorably . John roberts in miami with the latest. Hey, john. Reporter neil, good afternoon to you. You wanted this, neil. Youve been talking about this for how long, a contested convention . Theres a growing likelihood that you may get it and donald trump saying, you know, doesnt matter what the rules are. The rules are youve got to get 1237 delegates to be the nominee outright. If you dont, it goes to the vote then many of the delegates become unbound after the first vote. Donald trump saying hey, if i got 1150 or 1200 delegates and the next person is 500 behind me, are you going to deny me that opportunity . Thats what the rules state at this point. Now, neil, you have john boehner coming forward to say, hey, you know, i know that i endorsed john kasich, but if nobody wins on the first ballot, it should be open to anybody, and my guy could be paul ryan. Speaking against that, at least at present, is this thing called rule 40b, which means you have to have a majority of delegates in eight states to be considered for the nomination. But the rules committee can write whatever rule it wants heading into the convention. That rule was written in 2012 to limit ron pauls visibility at the republican convention. If nobody has 1237 going into the convention, the rules Committee Says it doesnt matter if you have any delegates at all, that would open the door for anybody to have their name put into nomination. If that happens, neil, i can expect that remember at the end of the first star wars movie where the death star went im not going to compare the Republican Party to the death star, but thats the type of explosion youre likely to see. That culture reference is what makes you such a favorite out here. So could we be in cleveland, again, donald trump is saying this is chicago last week. Does it get to that kind of thing . These are his supporters. I dont know. But it raises serious questions, that donald trump is not instigating it himself, hes talking about supporters who would be very angry if it amounted to them getting close with no cigar. Larry, the argument is, youve got to get half those available delegates, plus one. It would be 1,237 in the case of the republicans. Arent the rules the rules . If hes short, he is short. Or, or, does he have a point to say, hey, if i have a big enough lead and im way ahead of the other guy, it is mine to lose. Both things you just said, neil, are incredibly correct. Both of them are correct. Thats the dilemma for the Republican Party. Theyre going to have to try, to the extent that they can plan for this, to allow for the possibility that somebody who doesnt have 1237 but is close, meaning donald trump, does get the nomination, one way or the other. Look, donald trump is saying that there will be, you know, riots in the streets. There could be a riot in the convention hall, i dont know. Hes probably right, given what weve seen so far. I dont think the trump voters would take this lying down. I dont think he ought to be the one saying it. Heres the math as i see it right now. Hes got 673 delegates, so he is at this juncture 564 shy of what hell need. There are 1,079 delegates remaining, so he would have to get a little over half of that to close that gap and getclevels to, i assume make this a moot point. How likely is that . Well, hes likely to get close. And its possible that he actually gets to the magic number. But i would say the probability is he gets close but doesnt go over. Thats the way it looks today. Look, neil, a lot of interesting things can happen with these delegates, and john just mentioned to us, the rules committee. What the rules committee can do, the new rules they could pass. All kinds of things can be done. But to the extent this looks like a shenanigan under way by the elites, by the powers that be in the party, then i think the republicans are looking at a heads you lose, tails you lose situation. Whether they nominate trump or not, theyre setting themselves up for an awful fall. Let me ask you about the role Marco Rubio Might play, not so much now as a candidate, but his 169 or so delegates, what are the rules with those delegates . What if he teamed up with ted cruz and said all right, i want you to go to him. What are the rules with a candidate who has already taken himself out of the race . Ive asked that question to several people and gotten three different answers. But as i understand it, neil, hes not allowed to direct them to vote for someone else. He can suggest it. He can say im personally going to support x. And then its up to those delegates to decide what to do as of the second ballot. Assuming they keep the rule about being pledged on the first ballot. There are members of the Republican National committee opposed to the idea of pledging at all, even on the first ballot. I mean, this is going to be fascinating. I think youre going to get your wish in more ways than one. You may live to regret it. That was pretrump coming into the race when so many were in the race. He just iced it when he joined, that the math would be no one getting that magic number. But if it came to that, you could have people ticked off him getting the nomination, his people ticked off at someone else getting the nomination. Its like the hatfields and mccoys here. Thats correct. We now know to blame you because you admitted this publicly. Do i get ice cream on that or did i miss my opportunity . You probably did, but i have forgotten it. I know ben and jerry personally. Professor, always good having you, my friend. All right. The president announced a replacement when he said it would be a fine replacement for antonin scalia. But republicans are saying its dead on arrival. But when it came to this particular pick, that is not what one senator orrin hatch said about him some years back. I believe mr. Garland is a fine nominee. I know him personally. I know of his legal ability and integrity. I know of his honesty and accumen and he belongs on the court. So that was then. What has changed now . We talk to orrin hatch and democrat senator mark warner. You can use whipped topping made with hydrogenated oil. But real joyful moments are shared over the real cream in reddiwip. Reddiwip. flourish spray noise share the joy. Share the joy. To capture investing ideas that instantly gives you stock prices, earnings, and dividends. An equity summary score that consolidates the stock ratings of top analysts into a single score. And 7. 95 online u. S. Equity trades, lower than td ameritrade, schwab, and etrade, you realize the smartest investing idea isnt just what you invest in, but who you invest with. Weinto a new american century. Born with a hunger to fly and a passion to build something better. And what an amazing time its been, decade after decade of innovation, inspiration and wonder. So, we say thank you america for a century of trust, for the privilege of flying higher and higher, together. All right. Weve got a Supreme Court fight, even though both sides are not lo looking at until after the election. But first, to Shannon Bream in washington with the latest. Shannon . Reporter neil, we finally have a name, but does judge Merrick Garland have a chance . The 63yearold is highly regarded, but with the gop vowing not to move forward on any nominee, some are questioning have garland would be willing to run this gauntlet. While introducing his pick today, a judge with two decades of experience, president obama said lawmakers should play it straight with this nomination. It is tempting to make this confirmation process simply an extension of our divided politics. The squabbling thats going on in the news every day. But to go down that path would be wrong. It would be a betrayal of our best traditions. And a betrayal of the vision of our founding documents. Reporter but from the campaign trail to the senate floor, gop senators stood firm in their opposition to moving forward, saying its not about the nominee but the will of the people and pointing the finger of blame back at the president. It seems clear that president obama made this nomination not with the intent of seeing the nominee confirmed, but in order to politicize it for purposes of the election. Reporter by the way, mcconnells office said he did speak with judge garland this afternoon, saying hes not meeting with him person but that he wished him well. A growing number of gop senators say they are open to having a conversation with garland. Some insisting it would be simply to explain why they cannot support moving forward with his nomination. Neil . Shannon, thank you very much. Senator orrin hatch was meeting with me earlier today on fox business network. He had some thoughts on some rather sensitive issues that came up. This is a serious thing. It ought to be put off out of this toxic arena right now and put off until after the election. And then whoef is president can make that determination. And thats fair to both sides. What if it is Hillary Clinton or Bernie Sanders who become president , do you think republicans would rue the day that they missed a chance at a moderate pick for the court . Because either one of those folks would probably pick someone a little bit more to the left. This is the most important issue in this president ial campaign, and a big reason why people should vote for the republican nominee, whoever that may be. Because the next president thats going to probably have somewhere between three and four judicial picks on the Supreme Court and they could that could turn the whole constitution around in accordance with these activist democrat judges that just dont seem to worry about too much what the constitution says. Senator, i understand what youre saying, sir, and i appreciate its a crazy Election Year and all. But by that reasoning, nothing would ever get done in an Election Year, because its a toxic environment. And true to form, nothing ever really does get done on budget matters, on legislative matters. Why should republicans play that game that is played out in Election Years and say were going to be different . Were going to weigh the president s choices, come up with budgets, come up with legislation, do the find of stuff that cynics dont think we can. And if you dont like this nominee, vote it down. Well, it isnt quite that simple. Joe biden made it clear when he talked a year and a half before the election that we should not be picking nominees during a Election Year. Why . Because its a toxic year, then it becomes a politicized institution its always politicized, senator. By that math, we just rule out the last year of any congress, of any senator, of any president of getting stuff done. You could send a signal, were going to hold the hearings, were going the vote him down. Were sending a powerful signal that once voting has started in a president ial election campaign, especially the toxic environment that we have today, we should not be bringing up the Supreme Court nomination. But you know, senator, how early these Campaign Years start. Earlier and earlier. By that math, you could argue a year ago that you shouldnt have started that. It gets out of control. Im talking about a president ial year. We all know the president is a lame duck president. Theres a question whether a lame duck president , during a toxic year like this when does he become a lame duck, senator . Is it the last year . Because thats a long time. When it comes to the Supreme Court, yes. Because let me tell you something, especially this year, ive never seen such a toxic year as we have right now. These Supreme Court nominations shouldnt be great big battles every time a president picks somebody. And the president ought to be very careful to pick whoever the president is, that will do the job and not allow politics to take over. So you would subscribe to that if its republican president that gets in, the last year hes in office, e submits a name, you as a republican, and a prominent at one at that, would tell him no, he cant consider it . I think we would. Ive advised president s not to do that. Unfortunately, we havent had any late situations where somebody has been put up other than justice kennedy. That was after they had smeared nevertheless, it was in the final year of Ronald Reagans presidency. But everybody just gave up. I understand that but there is precedent. But it wasnt a toxic year like this, nor was it a year where the people are all up in arms about everything. And frankly, thats what bothers me. Im tired of the court being politicized. This is politicizing the court during in all fairness, senator, you played a part in politicizing it. Maybe that wasnt your goal i dont think so. Both parties do this, and i think it would be interesting to see a guy like you, who is widely respected, to say ive had enough of this nonsense. Lets do this. Ive had enough of the nonsense thats occurred in the past processes, and they occurred not in a president ial year where voting had already started and half the voting is over. Look, this is not the way to do Supreme Court nominations. Frankly, it isnt the person. It isnt the person that were against. Its the system that really doesnt work well. And it diminishes the court, it reduces the respect of the court. Frankly, i dont want anything let me ask you this, senator. I know youre tight for time. But i want to get your sense that if Hillary Clinton is elected, if she were the nominee and elected in november, would republicans hurry back after the election for a vote on this guy, fearing that if it were her choice, it would be a much worse guy, politically in your eyes . Well, i cant speak to that, because i dont know. But she would probably keep Merrick Garland right there. But yeah, shes likely to put much more liberal people and much more activist people on the court. If that were the case and shes inclined to find someone even little bit more progressive than he, you would have to scramble to vote on him then, right . This is a good reason we should not elect Hillary Clinton or any other democrat. We need to elect a republican, whoever that republican may be. And if its donald trump, im all for it. Back and forth, back and forth. We have said on these Supreme Court matters, you know, this whole issue is nowhere in the top ten for american voters. Do you know what is . Do you know what the number one issue is . Its not the courts. Guess what it is . Ill tell you after this. You owned your car for four years, you named it brad. You loved brad. And then you totaled him. You two had been through everything together. Two boyfriends, three jobs. Youre like nothing can replace brad. Then Liberty Mutual calls, and you break into your happy dance. If you sign up for better car replacement™, well pay for a car thats a model year newer with 15,000 fewer miles than your old one. See Car Insurance in a whole new light. Liberty mutual insurance. You know, on your world, we spare no expense in the latest technology to tell you what was the dominant theme in all the primary states yesterday. And as you can see, well, what do you think . Economy and jobs, right . My point is, court or terror was nowhere near. Economy, jobs, economy, jobs, that was the issue. Thats what donald trummade don and Hillary Clinton a big winner last night. Danielle, what do you make of that . Because it was remarkable how consistent in state after state, and by the way in prior states as well, this has become the issue of the race. Who is better prepared to look after me, my finances, my economy, my very prospects for work . Neil, i cant tell you which of the candidates would best look after the economy. Ive heard a lot of promises being made, but i havent heard a lot of how they might be able to pull some of these policies out of their hat. Hillary clinton says everybody should have a middle wage working job in this country. But she has yet to be explicit about how she can make that happen. Weve learned that the minimum wage implementation hasnt worked. Look what happened to walmart. So im looking at donald trump, ohio not with standing and touche to government kasich for winning that state. You know, trade deals that trump was pounding that supposedly hurt, so there might be only so far that governor kasich can go after that. But having said that, the theme again was economically how viable are we . How well are we doing . Look, if you look at median incomes in this country, they havent budged for nearly ten years, neil. The average voter knows this. They know that their situation hasnt gotten any better while the cost to rent an apartment or buy a home or go to the doctor or take a vacation, all those costs have continued to rise. Youre right. One thing that trump said, i talked to a lot of people on and off the air last night, by the way, if you dont get fbn, danielle, you should demand it. But to a man or woman, the one issue is, the reason i like donald trump is, hes going to do something. Hes going to make america great. When i point out, okay, what about the other more established government figures . They got us into this mess. Maybe we need someone from outside to get us out of it. Its a good argument to make, trying someone, something different. Absolutely. Its not that the voters have the wrong ideas, that there needs to be drastic change. I worked at the Federal Reserve for