And realize hes not looking out for you. The truth is hes putting those lives at risk. When all in starts right now. Good evening from new york, im chris hayes. Amidst the grief and devastation over the loss of Supreme CourtJustice Ruth Bader ginsburg, it immediately became clear to democrats, progressives and liberals and the entire broad ro Majority Coalition in this country, the central left, antitrump coalition, that there was going to be this enormous fight over her potential replacement. The stakes are as high as ac possible, and the question has been, well, okay, what is the plan . Ok and at first, the big focus was on trying to peel off the four republican senators that would be needed to block a nominee. And there were some encouraging initial signs both alaska senator murkowski and senator Susan Collins saying they did not want to vote on a Trump Nominee this late in the game. But it became clear most of the republican senators seeking elections, people that would be subject to this pressure, martha mcsally, corey gardner, tom tillis, that all of them were not willing to break with their party, right . And thats been the way they are throughout. Th well all hang together or well all hang separately. Et then there were the oldtime senators, maybe theyll be institutionalists in this in setting, retiring Lamar Alexander from tennessee, or iowas Chuck Grassley who said in 2018 he would not take up a nomination in this fashion. Of course, that was a lie. The last hope was that utahs mitt romney, notably the one bipartisan vote for impeachment to remove the president would break from the president. But no, he signaled today he support a vote on trumps pick. So republicans probably do have the votes to do this. So there is no magic trick, right . No procedural thing you can do as democrats to stop them. I mean, you can delay, you can make it difficult, and obviously they should do that. But the real question becomes what to do about this if, in fact, they have the votes, which they appear to have. What is the plan . Av because if they are willing to pay any price for this seat, because it is so valuable to them, then the only option left is to make the price as high as possible. And that means you focus on one Donald Trumps nominee in the court could mean, the loss of Health Care Coverage for millions of americans. The loss of the right to an abortion and reproductive t freedom for women. The loss of clean air and water for everyone. The striking down of climate legislation. Of thats all on the table. You make those issues stick to the republicans who are responsible for putting that ar person on the court. What you do not do, and i strongly believe this, is focusn on the actual nominee. Remember, back in 2016, Senate Majority leader Mitch Mcconnell simply refused to hold hearings for president obamas pick, merrick garland, whose credentials were sterling. He was seen as a compromise pick. He was 64 years old, he had a moderate pick. And it was a deft call by Mitch Mcconnell who said hes a perfectly good judge, but we are not voting on him because the American People should decide. President obama and his allies may now try to pretend this disagreement is about a person. The decision the senate announced weeks ago remains about a principle and not a a person. I mean, it wasnt about a principle as we have seen, it was about power. We can stop this and we will. Democrats dont have the power right now to stop it, but they should take the same approach. It is not about the actual nominee. It is about what President Trump and his party are trying to do to this country through this appointment. So boycott the process the same way republicans did with merrick garland. T. Just say we know who their judges are, right . Theyve got a checklist. We know what they stand for. Its not about them. Republicans already know whoever trump picks is going to check the boxes they want checked. There is an intense vetting process to make sure that is the case. That is why South Carolina senator lindsay graham, chair of the judiciary committee, can openly say this before theres even a nominee. Weve got the votes to confirm Justice Ginsburgs replacement before the election. Were going to move forward in the committee and report the nomination out of the committeee to the floor of the United States senate so we can vote before the election. There is no nominee. He says we have the votes, we will confirm this person as yet named. Youre not going to convince these republicans to change their minds, so all you can do is make them pay. N democrats, and everybody else, has to remind people what these Vulnerable Senate republicans to could be responsible for. Er for instance, the Supreme Court will hear oral arguments for a n case aimed at utterly al obliterating obamacare on november 10th, a week after the election. Thats when the Supreme Court scheduled it to keep the temperature down. If this new justice helps strike down the Affordable Care act, then 133 million americans with preexisting conditions are no longer protected. Ns Insurance Companies can charge whatever they want or keep them away from coverage. 21 Million People could lose their insurance. 12 million folks on medicaid right now, the Medicaid Expansion, thrown out the window. T 800,000 people with open opioid addiction could lose treatment. And this case is going to be heard a week after the election. And if they rule on this next te spring, it would still be in the midst of a pandemic thats already killed 200,000 people, and sickened 7 million. So democrats need to be clear about the corrupt bargain the b republicans are making. Co Democrat Senate candidates were expected to potentially pick up seats in states like maine and arizona and colorado, right . All states that have been st trending democratic or Hillary Clinton won. The polling shows there are a lot of more legitimate races at place across the country. These are races people didnt expect. And i know it can be hard to see this right now, and people dont trust the polling, and everyone has trauma from 2016. But if you look at the picture, republicans are not in good hear political shape right now. And doing this, this move, which polling says people do not is support by wide margins. That could lead to people taking away from health care. It will not happen. C look at this, just the past few days, polls showing Cal Cunningham up six points in north carolina. Democratic candidate theresa greenfield up three in iowa over joni ernst. And the democrat up by a point in georgia. Then it gets more remarkable from there. These are recent polls. Democrat Jaime Harrison, who will be joining us, down to just one to Lindsey Graham in South Carolina. O mike espy down by one in mississippi. South carolina, mississippi, and texas, all with Competitive Senate races. Winnable races for democrats. Right . Republican incumbents are favored in all those places, of course they are favored. But theyre sweating. And Many Democrats clearly view a battle over health care in the midst of a pandemic the president has bungled, leading to the unnecessary death of tens of thousands of our fellow americans. They view that fight as being in their favor. Raphael warnok is a pastor, democratic candidate running for senate in georgia. Theres two Senate Elections in georgia. This one is a special election. Hes not gotten a ton of attention because its a weird special election. A whole bunch of candidates can be in runoff if no one gets 50 , it can be hard to poll. But he has a chance and he viewc the obamacare fight as a lifeline at this point. Ob check out this new ad. Health care is an economic issue. Its a Public Safety issue. And for me, its a moral issue, too. Fo i firmly believe that in our country, everybody, whether rich or poor, should be able to receive Quality Health care. Yet even during a pandemic, my opponents are focused on repealing the Affordable Care act and gutting protections for the 1. 8 million georgians with preexisting conditions. Im raphael warnock, and i know we can do better. If republicans are forcing a conservative justice on to the court 40 days before the election, somebody who could overturn roe and strike down Carbon Pollution legislation the democrats might pass in the future, then you just have to make those republicans pay the political price. Every single cent of it. Because every single vote makes a difference from what the universe is going to be going forward. That accounts for Election Night and whether Election Night is close and they try to steal it l through the courts and the l Supreme Court justice they just confirmed, and that pertains to whether the democrats can add justices to the Supreme Court after the election or grant ur statehood to d. C. Or puerto rico. Eh adding new senators or anything else. All of those discussions depend upon maximizing the short term political price over the next 40 days. So that it can pay off in the longterm. That should be the plan. No one can lose sight of that. Im joined by former democrat senator Barbara Boxer of california, a Teaching Fellow at the university of southern california. Si also with me, 2008 president ial Campaign Manager for president obama, david plouffe. Author of a citizens guide to beating donald trump. David, let me just start on this political landscape, a combination of the polling we li have seen at the state level. That iowa polling has been wild. Joni ernst is really in a fighti for her life, and the stated intention by the Republican Party to jam this nominee through, what do you think that means politically . Ro well, chris, i agree with you. Its time to make sure they pay a maximum price, both in this election, and if the democrats win back the senate or the whita house, next year. E so lets look at some of those polls, whether they be mississippi, iowa, South Carolina. Be they are surprisingly robust for democrats. But you know, youre at 44, 45. I think preginsburg, my view was we were going to lose a bunch of senate races by a point or two, just shy of 50. Wo but i think this upsets the political apple cart. You have an unpopular president ramming through an unpopular la process to nominate and confirmr someone who is going to join their colleagues on the Supreme Court to do wildly, deeply unpopular things. Honestly, if Democratic Candidates cant make this work for them over the next six weeks, its political malpractice. Youve got health care on the line, Voting Rights on the line, clean air and clean water on the line. And, again, voters will sometimes excuse candidates who do things they dont agree with. But all these republican senators who, back in 2016, said mark my words, when a republican makes this nomination in their last year, we wont confirm, they look like weasels bowing down to President Trump. And so i think its the policy reality of whats going to happen in the Supreme Court. But its also them. They look so weak and so calculating. And theyre doing this for the benefit of king trump, not for the voters in their states. So im deeply unsettled about what the court is going to do. But all you have is to make them pay the maximum political price, and i think democrats can do that. Th senator boxer, your former colleagues in the Senate Democratic caucus, i wonder how theyre viewing this. Theres a desperate desire to block this nominee, whoever it is, because of the unfathomable duration and danger of a 63 conservative court. Is there anything to be done or basically with the announce mend today, they do have the votes. You could what do you do . Do you try to delay it . U there seems to me theres only so much you can do. Chris, at the end of the day, i agree with your analysis and davids, as well. Y ky tell you right now, no senator of either party likes to go against their leader. You pay a price for that. To but theres also a bigger pricet to be paid here, and that is youre going to lose your seat because this is very clear. Its easy for people to understand that the court is going to take up the Affordable Care act, that before it was hanging by a thread, and regardless of who President Trump puts up, and i think youre right, it doesnt matter who it is. We know theyre going to vote to get rid of it. And that is going to impact almost every single american. Not just those that get their Health Insurance at the exchange, but all of us who have wanted protections, who have been able to get health care, even with the preexisting condition, weve been able to keep our kids on our insurance until the age of 26. So not only do they look like hypocrites and double dealers, they look weak as david said. And david is one of the best he got me through so many president ial races when i was nervous. Do you remember, david . I would always say, give me the news. And he was always right. So you both have hit on something important. I dont think this can be stopped. In yes, delayed and we should delay. Ld the likely idea of boycotting. Because why are we boycotting if we do that . Its to save health care. Its to save the court. And to save the American People let me ask, interesting to me that i want to go back to you, david. One thing i would add, senator, the actual case before the court on november 10th is almost c comically weak. Just on legal grounds, theres no actual injury, theres no standing, the remedy is preposterous. It should get laughed out of court. Be we know that it hasnt and lots of republican judges are ar like, lets strike down the whole thing. But on the political thing, the idea of just say thing is a principled opposition to something that is fundamentally a kind of transgression, fundamentally attacked by trump and the republicans, as opposed to sifting through the past opinions like the sort of standard playbook. That seems to me to bring some peril politically for democrats. Well, listen, i like the idea of boycotting, chris oh, sorry. Oy go ahead, david, then ill go to you, senator. I think you might say its an extreme measure. But this whole thing is a farce. And Mitch Mcconnell, hes not even a human being. He was a cyborg sent to this planet to destroy it. So we cant play by any normal rules here. You mentioned what happen it is the democrats win the white house and the senate. If the democrats get rid of the filibuster and expand the Supreme Court, they should add statehood to puerto rico and d. C. , they should have a list of things on climate, health care, Voting Rights and do them all. Because theres no use getting rid of the filibuster unless yo exhaust that list. Because you know the republicans will do that. So grab the power, and then utilize it. And unlike the republicans, do it on behalf of most of the country, whether its on health care, on climate, on Voting Rights. I think that i dont say that lightly. But we are not in normal times. I think everything we care about is on the line. So we have to use extreme measures, both to win the election, but then afterwards. As senator boxer, you know this caucus well. You know dianne feinstein. A lot of them are procedurally conservative, theyre institutionalists, they dont like do you see this as a radicalizing moment for your colleagues in that caucus about being more procedurally maximumalists . I think its a moment to really look at the world as it is today. We have been betrayed by the republicans. The democrats have been betrayed, but more importantly,b the people of this country. They said, and we have it on tape, and we could listen to it over and over, they would never consider, you know, voting for a Supreme Court justice in an Election Year for the presidency. So theyve betrayed us. Everything has to be on the table. Use our power for the good of humankind. Thats what we should do. I agree with that. Barbara boxer and david plouffe, great to have both of you tonight. Thank you so much. Next, is Lindsey Graham sealing his own political fate . Brand new polling in South Carolina. And grahams democratic challenger, next. What if i sleep hot . Or cold . Introducing the new sleep number 360 smart bed. Now temperature balancing, so you can sleep better together. Can it help keep me asleep . 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