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Supreme court, they really are -- when you know that he's going to be endorsed one way or the other, it's a shame that they go that route. and for full disclosure, i believe justice garland should have had a vote for his place on the supreme court. >> why fight this fight? this is a scalia seat. this was a conservative seat. >> sure. >> what about when there's a liberal seat? >> sure. >> that's up for grabs? >> let's remember, the 60-vote threshold is designed so we can get consensus, at least get towards consensus on both the left and the right. you shouldn't have a nominee who is unable to a...

This, remember, is replacing a conservative justice scalia with, obviously, another conservative. what the conservative groups really hoped for is to get one of the seats of somebody who is going to retire soon, and they wonder when that's anthony kennedy, and they hope by putting neil gorsuch on the court, doesn't make kennedy think, uh-oh, there goads the neighborhood. i better stay. >> nina, in your view, is this net-net, unchanged, status quo, basically going from scalia to gorsuch if confirmed? >> i'm sure there's some issues on which they disagree and would have different outcomes, but, ...

Have different outcomes, but, basically, this is a conservative seat that will be occupied by a conservative if he's confirm, and if he's not confirmed, they'll name another conservativ this is going to be a conservative seat. pete is right, though. the next battle for the next seat, if there is one, and there's every possibility there could be one, is where the rubber meets the road, to use the cliche, and for the last six months, conservatives have been saying privately that kennedy either was willing to resign, was getting close to resigning, that he really would like to resign. truth is, t...

Their list, all fit that category. jeff sessions's protege to call roe versus wade an abomination. that's the kind of candidate they are seeking to replace scalia, because that was a conservative seat and they want to keep it conservative. there's no evidence that he is actually thinking outside of that box for this. so it would be really interesting to see who he does pick and how they sort of go forward if they think there is going to be another vacancy, how they deal with the fight because senator schumer said if it is somebody outside the mainstream, we're blocking that person and this cou...

How does the president, administration, look at the fight considering the picks he is choosing? >> i think there are a couple expectations. this is the scalia seat. it's a conservative seat to begin with. i think there is a hope that democrats will recognize that the balance of the court doesn't change with the appointment of this next justice. secondly, i think there is a hope that if the president nominates someone who is extraordinarily talented, strong intellectually, and is in the mainstream of legal thought and these people all are, there will be lots of debate and some disagreement but ...